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Ohio Statutes, Title 51

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Ohio/Statutes

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Title 51, Public Welfare

31 chapters · 2,012 sections in this title.

All chapters in Title 512,012 Ch 5123, Department of Developmental Disabilities182 Ch 5101, Department of Job and Family Service…145 Ch 5119, Department of Behavioral Health121 Ch 5120, Department of Rehabilitation and Cor…121 Ch 5165, Medicaid Coverage of Nursing Facilit…116 Ch 5103, Placement of Children113 Ch 5164, Medicaid State Plan Services113 Ch 5126, County Boards of Developmental Disab…111 Ch 5180, Department of Children and Youth94 Ch 5124, Intermediate Care Facility for Indiv…80 Ch 5153, County Children Services72 Ch 5104, Child Day-care69 Ch 5162, Medicaid and Medicaid Funds67 Ch 5168, Hospital Care Assurance Program; Hea…66

2,012 sections·Filtered byTitle 51✕

Ohio Rev. Code Ann. § 5119.141 Authority of department
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In addition to the powers and duties expressly conferred on the department of behavioral health, the department may take any other action it considers necessary to carry out the purposes of this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code. Actions autho…
Ohio Rev. Code Ann. § 5119.15 Investigative powers
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The department of behavioral health may make such investigations as are necessary in the performance of its duties and to that end the director of behavioral health shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testim…
Ohio Rev. Code Ann. § 5119.161 Joint state plan to improve accessibility and timeliness of alcohol and drug addiction services
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The department of behavioral health, in conjunction with the department of job and family services, shall develop a joint state plan to improve the accessibility and timeliness of alcohol and drug addiction services for individuals identified by a public children services agency …
Ohio Rev. Code Ann. § 5119.17 Addicted pregnant women and their children

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(A) The department of behavioral health, in accordance with division (B) of this section, shall give priority to developing, and promptly shall develop, with available public and private resources a program that does all of the following: (1) Provides a manner of identifying the …

Ohio Rev. Code Ann. § 5119.171 Youth prevention program

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The department of behavioral health shall establish and administer a statewide program to prevent youth use of cannabis. The program shall do the following: (A) Use a harm reduction approach; (B) Include practices aimed at the prevention or reduction of substance use, substance a…

Ohio Rev. Code Ann. § 5119.18 Classified and unclassified appointments

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An appointing authority may appoint a person who holds a certified or permanent position in the classified service within the department of behavioral health to a position in the unclassified service within the department. A person appointed pursuant to this section to a position…

Ohio Rev. Code Ann. § 5119.181 Certain convictions preclude appointments

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(A) No appointing officer shall appoint a person to fill a position in either the classified or unclassified service of the department of behavioral health if the person has been convicted of or pleaded guilty to a violation of the following: (1) Any felony contained in the Revis…

Ohio Rev. Code Ann. § 5119.182 Fidelity bond

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The department of behavioral health may require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond, to give a surety c…

Ohio Rev. Code Ann. § 5119.184 Providing educational grants or tuition reimbursement for employees

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The department of behavioral health may provide educational grants or tuition reimbursements to upgrade the education, training, and professional achievement of its employees, whenever it determines that provision of such grants or reimbursements is essential to the achievement o…

Ohio Rev. Code Ann. § 5119.185 Clinician recruitment program

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(A) As used in this section: (1) "Advanced practice registered nurse" has the same meaning as in section 4723.01 of the Revised Code. (2) "Clinician" means any of the following: (a) An advanced practice registered nurse; (b) A physician; (c) A physician assistant. (3) "Physician"…

Ohio Rev. Code Ann. § 5119.186 Conduct collaborative training efforts for students

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(A) The director of behavioral health or the managing officer of an institution of the department may enter into an agreement with boards of trustees or boards of directors of one or more institutions of higher education or hospitals licensed pursuant to section 5119.33 of the Re…

Ohio Rev. Code Ann. § 5119.187 Courses of study for instruction and training of persons in institutions

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The courses of study for the instruction and training of all persons in institutions under the control of the department of behavioral health shall be subject to the approval of the superintendent of public instruction. All teachers employed in institutions under the control of t…

Ohio Rev. Code Ann. § 5119.188 Education and training program for employees of state correctional and youth services institutions

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(A) As used in this section, "state correctional institution" has the same meaning as in section 2967.01 of the Revised Code. (B) The department of behavioral health shall develop a program that is designed to educate and train the employees of each state correctional institution…

Ohio Rev. Code Ann. § 5119.19 Psychotropic drug reimbursement program

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(A) As used in this section: (1) "Community-based correctional facility" has the same meaning as in section 2929.01 of the Revised Code. (2) "Drug used in medication-assisted treatment" means a drug approved by the United States food and drug administration for use in medication-…

Ohio Rev. Code Ann. § 5119.192 Provision of overdose reversal drugs to hospitals

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(A) As used in this section, "overdose reversal drug" has the same meaning as in section 4729.01 of the Revised Code. (B) Subject to available funds, the department of behavioral health shall provide overdose reversal drugs to hospitals to be provided to patients as described in …

Ohio Rev. Code Ann. § 5119.20 Electroencephalogram combined transcranial magnetic stimulation program

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(A) As used in this section: "Electroencephalogram (EEG) combined transcranial magnetic stimulation" means treatment in which transcranial magnetic stimulation (TMS) frequency pulses are tuned to the patient's physiology and biometric data. "First responder" has the meaning defin…

Ohio Rev. Code Ann. § 5119.201 Real or personal property transactions

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(A) The director of behavioral health may acquire by purchase, lease, or otherwise such real and personal property rights in the name of the state as are necessary for the purposes of the department. (B) When it is necessary for a state institution under the jurisdiction of the d…

Ohio Rev. Code Ann. § 5119.21 Support of community support system; powers and duties regarding programs and services

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(A) The department of behavioral health shall: (1) To the extent the department has available resources and in consultation with boards of alcohol, drug addiction, and mental health services, support the community-based continuum of care that the boards are required by section 34…

Ohio Rev. Code Ann. § 5119.211 State certification of certified community behavioral health clinics

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The department of behavioral health may establish a process and standards for the state certification of certified community behavioral health clinics. The process and standards may be based on the provisions of section 223 of the "Protecting Access to Medicare Act of 2014," 42 U…

Ohio Rev. Code Ann. § 5119.22 Director of behavioral health duties

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The director of behavioral health, with respect to all mental health and addiction facilities, addiction services, mental health services, and recovery supports established and operated or provided under Chapter 340. of the Revised Code, shall do all of the following: (A) Adopt r…

Ohio Rev. Code Ann. § 5119.221 Waiver or requirements; authority of director

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(A) The director of behavioral health, in accordance with procedures established under division (G)(5) of section 5119.22 of the Revised Code, may issue to a board of alcohol, drug addiction, and mental health services a time-limited waiver of the requirement of section 340.033 o…

Ohio Rev. Code Ann. § 5119.23 Allocations of funds for local mental health and addiction services continuums of care

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(A) The department of behavioral health shall establish a methodology for allocating to boards of alcohol, drug addiction, and mental health services the funds appropriated by the general assembly to the department for the purpose of the community-based continuum of care that eac…

Ohio Rev. Code Ann. § 5119.24 Annual report by boards specifying use of funds

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(A) As used in this section, "administrative function" means a function related to one or more of the following: (1) Continuous quality improvement; (2) Utilization review; (3) Resource development; (4) Fiscal administration; (5) General administration; (6) Any other function rel…

Ohio Rev. Code Ann. § 5119.25 Withholding of funds for failure to comply with statutory or regulatory provisions

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(A) The director of behavioral health may withhold funds, in whole or in part, that otherwise are to be allocated to a board of alcohol, drug addiction, and mental health services under section 5119.23 of the Revised Code if either of the following circumstances apply: (1) The bo…

Ohio Rev. Code Ann. § 5119.26 Civil rights and liberties of patients

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Any person treated under this chapter or rules adopted under it shall retain the person's civil rights and liberties, including the right not to be experimented upon with treatment not accepted as good medical practice without the person's fully informed consent, the right as a p…

Ohio Rev. Code Ann. § 5119.27 Confidentiality of records pertaining to identity, diagnosis or treatment

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(A) As used in this section: (1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (2) "Federally assisted," "program," and "substance use disorder" have the same meanings as in 42 C.F.R. 2.11 and as further described in 42 C.F.R. 2.12(b…

Ohio Rev. Code Ann. § 5119.28 Confidentiality of records pertaining to person's mental health condition, assessment, provision of care or treatment, or payment for assessment, care or treatment

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(A) All records, and reports, other than court journal entries or court docket entries, identifying a person and pertaining to the person's mental health condition, assessment, provision of care, treatment, or recovery supports, or payment for assessment, care, treatment, or reco…

Ohio Rev. Code Ann. § 5119.29 Tracking and monitoring after release of persons found not guilty by reason of insanity or persons found incompetent to stand trial

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The department of behavioral health, in conjunction with boards of alcohol, drug addiction, and mental health services and community mental health boards, shall develop a coordinated system for tracking and monitoring persons found not guilty by reason of insanity and committed p…

Ohio Rev. Code Ann. § 5119.30 Program providing information and services to courts

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The department of behavioral health promptly shall develop and maintain a program that continually provides the courts of this state with relevant information pertaining to addiction services and programs available both within their jurisdictions and statewide in order to facilit…

Ohio Rev. Code Ann. § 5119.31 Procedure for purchase of supplies

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The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the department of behavioral health in accordance with the competitive selection procedures of Chapter 125. of the Revised …

Ohio Rev. Code Ann. § 5119.311 Examining mental and physical condition of confined person

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The department of behavioral health may examine into, with or without expert assistance, the question of the mental and physical condition of any person committed to or involuntarily confined in any hospital for persons with mental illnesses, or restrained of liberty at any place…

Ohio Rev. Code Ann. § 5119.32 Utilizing federal block grant funds

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The department of behavioral health is hereby designated as the state administrative agency for the substance abuse prevention treatment block grant and the community mental health services block grant authorized by the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C. 3…

Ohio Rev. Code Ann. § 5119.33 Inspecting and licensing of hospitals for mentally ill persons

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(A) The department of behavioral health shall inspect and license all hospitals that receive persons with mental illnesses, except those hospitals managed by the department. No hospital may receive for care or treatment, either at public or private expense, any person who is or a…

Ohio Rev. Code Ann. § 5119.331 Injunction

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If the department of behavioral health determines that a hospital not licensed by the department is receiving for care or treatment any person who is or appears to have a mental illness, the department may request in writing that the attorney general petition the court of common …

Ohio Rev. Code Ann. § 5119.332 Payments and reimbursements to unlicensed hospital

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No third-party payer shall directly or indirectly reimburse, nor shall any person be obligated to pay any hospital for psychiatric services for which a license is required under section 5119.33 of the Revised Code unless the hospital is licensed by the department of behavioral he…

Ohio Rev. Code Ann. § 5119.333 Prohibiting keeping or maintaining unlicensed hospital

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No person shall keep or maintain a hospital for the care or treatment of persons with mental illnesses unless it is licensed by the department of behavioral health, as provided by section 5119.33 of the Revised Code.

Ohio Rev. Code Ann. § 5119.334 Notice of adverse action - hospitals

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(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or …

Ohio Rev. Code Ann. § 5119.34 Inspecting and licensing of residential facilities

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(A) As used in this section and sections 5119.341 to 5119.344 of the Revised Code: (1) "Accommodations" means housing, daily meal preparation, laundry, housekeeping, arranging for transportation, social and recreational activities, maintenance, security, and other services that d…

Ohio Rev. Code Ann. § 5119.341 Operations as permitted use

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(A) Any person may operate a residential facility providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of section 5119.34 of the Revised Code as a permi…

Ohio Rev. Code Ann. § 5119.342 Appointing receiver for residential facility

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(A) Upon petition by the director of behavioral health, the court of common pleas or the probate court may appoint a receiver to take possession of and operate a residential facility licensed pursuant to section 5119.34 of the Revised Code, when conditions existing at the residen…

Ohio Rev. Code Ann. § 5119.343 Notice of adverse action - residential facilities

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(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or …

Ohio Rev. Code Ann. § 5119.344 Summary suspension of a class one residential facility serving children

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(A) As used in this section, "principal" means an owner, operator, or manager of a class one residential facility. (B) The department of mental health and addiction services may suspend, without a prior hearing, the license of a class one residential facility that serves children…

Ohio Rev. Code Ann. § 5119.345 Residential facility directory

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The department of behavioral health shall publish a directory of all residential facilities licensed under section 5119.34 of the Revised Code on the department's web site. For each facility, the directory shall include all of the following: (A) The name of the facility; (B) The …

Ohio Rev. Code Ann. § 5119.35 Mental health and addiction services requiring certification

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(A) Except as provided in division (B) of this section, if a mental health service or alcohol and drug addiction service has been specified in rules adopted under this section as a service that is required to be certified, no person or government entity shall provide that service…

Ohio Rev. Code Ann. § 5119.36 Certifying community mental health services or addiction services providers

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(A) A person or government entity that seeks initial certification of one or more certifiable services and supports, or that seeks to renew certification of one or more certifiable services and supports, shall submit an application to the director of behavioral health. On receipt…

Ohio Rev. Code Ann. § 5119.362 Duties of community addiction services provider

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(A) In accordance with rules adopted under section 5119.363 of the Revised Code, each community addiction services provider shall do all of the following: (1) Maintain a waiting list for the provider's included opioid and co-occurring drug addiction services and recovery supports…

Ohio Rev. Code Ann. § 5119.363 Adoption of rules for community addiction services providers

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The director of behavioral health shall adopt rules governing the duties of community addiction services providers under section 5119.362 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. The director shall adopt rules under this…

Ohio Rev. Code Ann. § 5119.364 Publication of reports

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(A) The department of behavioral health shall do both of the following with the reports it receives from community addiction services providers under section 5119.362 of the Revised Code: (1) Subject to division (B) of this section, make the reports available on the department's …

Ohio Rev. Code Ann. § 5119.365 Rules regarding intake and retention procedures

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The director of behavioral health shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Streamline the intake procedures used by a community addiction services provider accepting and beginning to serve a new individual, including p…

Ohio Rev. Code Ann. § 5119.366 Establishing grievance procedures

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The director of behavioral health shall require that each board of alcohol, drug addiction, and mental health services ensure that each community mental health services provider and community addiction services provider with which it contracts under section 340.036 of the Revised…