As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 18 5
1997-1998 6
REPRESENTATIVES TAYLOR-GARDNER-TERWILLEGER-FOX-GARCIA-MASON- 8
MYERS-PRENTISS-CORBIN-THOMPSON-VESPER-HARRIS-O'BRIEN-ROMAN- 9
JOHNSON-METZGER-AMSTUTZ-OLMAN-MOTTL-REID- 10
SENATORS CUPP-BLESSING-LATTA 11
13
A B I L L
To amend sections 173.41, 3701.881, 3712.09, 15
3721.121, and 3722.151 and to enact section 16
109.97 of the Revised Code to require the 17
Attorney General to annually prepare and file 18
with specified individuals a capital case status 19
report and to modify the law requiring criminal 22
records checks of applicants for positions with 23
specified entities that involve the provision of
direct care to an older adult by permitting in 24
specified circumstances the conditional 25
employment of an applicant for such a position 26
who is referred by an employment service, by
waiving the criminal records check requirement 27
under the "personal character standards"
exception for a person who is referred by an 28
employment service but has been convicted of a 29
disqualifying offense, and by making available to 30
persons involved in a case dealing with
employment or unemployment benefits of the 31
applicant the report of such a criminal records 32
check.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 34
Section 1. That sections 173.41, 3701.881, 3712.09, 36
2
3721.121, and 3722.151 be amended and section 109.97 of the 37
Revised Code be enacted to read as follows: 38
Sec. 109.97. (A) AS USED IN THIS SECTION: 40
(1) "COMMUTATION," "PARDON," "PRISONER," AND "STATE 42
CORRECTIONAL INSTITUTION" HAVE THE SAME MEANINGS AS IN SECTION 43
2967.01 OF THE REVISED CODE. 45
(2) "INDIVIDUAL'S PRESENT LEGAL STATUS" MEANS WHICHEVER OF 47
THE FOLLOWING CIRCUMSTANCES APPLY ON THE THIRTY-FIRST DAY OF 49
DECEMBER OF THE CALENDAR YEAR COVERED BY A CAPITAL CASE STATUS 50
REPORT DESCRIBED IN DIVISIONS (B) AND (C) OF THIS SECTION TO AN 52
INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 53
2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED CODE FOR AN
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981: 54
(a) THE INDIVIDUAL WAS EXECUTED IN ACCORDANCE WITH SECTION 57
2949.22 OF THE REVISED CODE FOR THE AGGRAVATED MURDER, OR THE
INDIVIDUAL OTHERWISE IS DECEASED. 58
(b) THE INDIVIDUAL CONTINUES TO BE CONFINED IN A STATE 60
CORRECTIONAL INSTITUTION WAITING FOR THE EXECUTION OF THE 62
SENTENCE OF DEATH.
(c) THE INDIVIDUAL HAS BEEN RELEASED FROM CONFINEMENT IN A 65
STATE CORRECTIONAL INSTITUTION PURSUANT TO A PARDON GRANTED IN 66
CONNECTION WITH THE AGGRAVATED MURDER, OR THE INDIVIDUAL HAS BEEN
GRANTED A COMMUTATION IN CONNECTION WITH THE AGGRAVATED MURDER 67
AND HAS BEEN RELEASED FROM CONFINEMENT OR IS SERVING A PRISON 68
TERM OR SENTENCE OF IMPRISONMENT PURSUANT TO THE COMMUTATION. 69
(d) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED 71
OR REVERSED ON APPEAL OR PURSUANT TO DIVISION (C) OF SECTION 72
2929.05 OF THE REVISED CODE OR OTHERWISE HAS BEEN RELIEVED OF THE 73
SENTENCE OF DEATH BY A COURT OF THIS STATE OR THE UNITED STATES. 74
(e) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED 76
AS DESCRIBED IN SECTION 2929.06 OF THE REVISED CODE OR OTHERWISE, 78
THE INDIVIDUAL HAS BEEN RESENTENCED PURSUANT TO THAT SECTION OR
OTHERWISE TO A SENTENCE OTHER THAN A SENTENCE OF DEATH, AND THE 79
INDIVIDUAL IS A PRISONER SERVING A PRISON TERM OR SENTENCE OF 81
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IMPRISONMENT IN A STATE CORRECTIONAL INSTITUTION. 82
(f) THE INDIVIDUAL IS CONFINED IN A CORRECTIONAL 85
INSTITUTION OF ANOTHER STATE OR THE UNITED STATES FOR THE 86
COMMISSION OF ANOTHER OFFENSE OR HAS BEEN EXECUTED IN ACCORDANCE 87
WITH A SENTENCE OF DEATH IMPOSED BY A COURT OF ANOTHER STATE OR 88
THE UNITED STATES FOR THE COMMISSION OF ANOTHER OFFENSE. 90
(g) THE INDIVIDUAL HAS ESCAPED FROM CONFINEMENT IN A STATE 92
CORRECTIONAL INSTITUTION OR A CORRECTIONAL INSTITUTION OF ANOTHER 94
STATE OR THE UNITED STATES AND CURRENTLY IS AT-LARGE. 95
(B) THE ATTORNEY GENERAL ANNUALLY SHALL PREPARE OR CAUSE 98
TO BE PREPARED A CAPITAL CASE STATUS REPORT THAT PERTAINS TO ALL 99
INDIVIDUALS WHO WERE SENTENCED TO DEATH PURSUANT TO SECTIONS 100
2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED CODE FOR AN 102
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981, AND 103
THAT CONTAINS FOR EACH OF THOSE INDIVIDUALS THE INFORMATION 104
DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. THE ATTORNEY 106
GENERAL SHALL FILE A COPY OF EACH ANNUAL CAPITAL CASE STATUS 107
REPORT WITH THE GOVERNOR, THE CHIEF JUSTICE OF THE SUPREME COURT, 108
THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF 109
REPRESENTATIVES NO LATER THAN THE FIRST DAY OF APRIL OF THE 110
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT. 111
EACH ANNUAL CAPITAL CASE STATUS REPORT SHALL BE A PUBLIC RECORD 113
SUBJECT TO INSPECTION AND COPYING IN ACCORDANCE WITH SECTION 114
149.43 OF THE REVISED CODE. 115
(C)(1) AN ANNUAL CAPITAL CASE STATUS REPORT PREPARED 118
PURSUANT TO DIVISION (B) OF THIS SECTION SHALL CONTAIN ALL OF THE 120
FOLLOWING INFORMATION THAT PERTAINS AS OF THE THIRTY-FIRST DAY OF 121
DECEMBER OF THE CALENDAR YEAR COVERED BY THE REPORT TO EACH 123
INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 124
2929.02 TO 2929.04 OR 2929.06 OF THE REVISED CODE FOR AN 125
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981: 126
(a) A CITATION TO AND BRIEF SUMMARY OF THE FACTS OF EACH 129
CASE IN WHICH THE INDIVIDUAL WAS SENTENCED TO DEATH PURSUANT TO 130
SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED 131
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CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 132
1981;
(b) A STATEMENT AS TO THE INDIVIDUAL'S PRESENT LEGAL 134
STATUS; 135
(c) A SUMMARY HISTORY OF THE INDIVIDUAL'S LEGAL ACTIONS TO 138
VACATE, REVERSE, OR OTHERWISE BE RELIEVED FROM THE SENTENCE OF 139
DEATH DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION, INCLUDING, 141
BUT NOT LIMITED TO, MOTIONS TO VACATE THE SENTENCE OF DEATH, 142
APPEALS, PETITIONS FOR POSTCONVICTION RELIEF, AND PETITIONS FOR 143
HABEAS CORPUS RELIEF FILED WITH A COURT OF THIS STATE OR A COURT 144
OF THE UNITED STATES UNDER SECTION 2929.05, 2953.21, OR ANOTHER 145
SECTION OF THE REVISED CODE, THE OHIO CONSTITUTION, FEDERAL 147
STATUTES, OR THE UNITED STATES CONSTITUTION; 148
(d) ANY OTHER INFORMATION THAT THE ATTORNEY GENERAL 151
DETERMINES IS RELEVANT, INCLUDING, BUT NOT LIMITED TO, A
TENTATIVELY SCHEDULED DATE FOR THE EXECUTION OF THE INDIVIDUAL'S 152
SENTENCE OF DEATH IN ACCORDANCE WITH SECTION 2949.22 OF THE 154
REVISED CODE.
(2) IN EACH ANNUAL CAPITAL CASE STATUS REPORT PREPARED 157
PURSUANT TO DIVISION (B) OF THIS SECTION, THE ATTORNEY GENERAL 159
SHALL SET FORTH OR CAUSE TO BE SET FORTH THE INFORMATION 160
DESCRIBED IN DIVISION (C)(1) OF THIS SECTION IN THE FORM THAT THE 162
ATTORNEY GENERAL CONSIDERS MOST APPROPRIATE TO PRESENT THAT 163
INFORMATION, INCLUDING, BUT NOT LIMITED TO, CHARTS, TABLES, 164
GRAPHS, AND NARRATIVE SUMMARIES. 165
(D) ALL OFFICERS AND EMPLOYEES OF THE GOVERNMENT OF THIS 168
STATE AND ITS POLITICAL SUBDIVISIONS SHALL COOPERATE, UPON 169
REQUEST OF THE ATTORNEY GENERAL, IN PROVIDING INFORMATION THAT 170
FACILITATES THE ATTORNEY GENERAL IN THE PERFORMANCE OF THE 171
ATTORNEY GENERAL'S RESPONSIBILITIES UNDER THIS SECTION. 172
Sec. 173.41. (A) As used in this section: 181
(1) "Applicant" means a person who is under final 183
consideration for employment with a PASSPORT agency in a 184
full-time, part-time, or temporary position that involves 186
5
providing direct care to an older adult. "Applicant" does not 188
include a person who provides direct care as a volunteer without 190
receiving or expecting to receive any form of remuneration other 191
than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the 193
same meanings as in section 109.572 of the Revised Code. 195
(3) "PASSPORT agency" means a public or private entity 197
that provides home and community-based services to older adults 198
through the PASSPORT program created under section 173.40 of the 200
Revised Code.
(B)(1) Except as provided in division (I) of this section, 203
the chief administrator of a PASSPORT agency shall request that 204
the superintendent of the bureau of criminal identification and 205
investigation conduct a criminal records check with respect to 206
each applicant. If the AN applicant FOR WHOM A CRIMINAL RECORDS 207
CHECK REQUEST IS REQUIRED UNDER THIS DIVISION does not present 208
proof of having been a resident of this state for the five-year 209
period immediately prior to the date the criminal records check 210
is requested or provide evidence that within that five-year 211
period the superintendent has requested information about the 212
applicant from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the 213
superintendent obtain information from the federal bureau of 214
investigation as part of the criminal records check of the 215
applicant. Even if the AN applicant FOR WHOM A CRIMINAL RECORDS 217
CHECK REQUEST IS REQUIRED UNDER THIS DIVISION presents proof of
having been a resident of this state for the five-year period, 219
the chief administrator may request that the superintendent 220
include information from the federal bureau of investigation in 221
the criminal records check. 222
(2) A person required by division (B)(1) of this section 224
to request a criminal records check shall do both of the 225
following: 226
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS 228
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CHECK REQUEST IS REQUIRED UNDER THAT DIVISION a copy of the form 229
prescribed pursuant to division (C)(1) of section 109.572 of the 230
Revised Code and a standard fingerprint impression sheet 231
prescribed pursuant to division (C)(2) of that section, and 232
obtain the completed form and impression sheet from the 233
applicant;
(b) Forward the completed form and impression sheet to the 235
superintendent of the bureau of criminal identification and 236
investigation. 237
(3) An applicant provided the form and fingerprint 239
impression sheet under division (B)(2)(a) of this section who 240
fails to complete the form or provide fingerprint impressions 242
shall not be employed in any position for which a criminal 243
records check is required by this section. 244
(C)(1) Except as provided in rules adopted by the 246
department of aging in accordance with division (F) of this 247
section AND SUBJECT TO DIVISION (C)(2) OF THIS SECTION, no 249
PASSPORT agency shall employ a person in a position that involves 251
providing direct care to an older adult if the person has been 252
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 254
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 255
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 256
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 258
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 259
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 260
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 261
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 262
2925.22, 2925.23, or 3716.11 of the Revised Code. 263
(b) An A VIOLATION OF AN existing or former law of this 265
state, any other state, or the United States that is 267
substantially equivalent to any of the offenses listed in 268
division (C)(1)(a) of this section. 269
(2)(a) A PASSPORT agency may employ CONDITIONALLY an 271
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applicant conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST 273
IS REQUIRED UNDER DIVISION (B) OF THIS SECTION prior to obtaining 274
the results of a criminal records check regarding the individual. 276
The, PROVIDED THAT THE agency shall request a criminal records 278
check REGARDING THE INDIVIDUAL in accordance with division (B)(1) 279
of this section not later than five business days after the 280
individual begins conditional employment. The agency IN THE 281
CIRCUMSTANCES DESCRIBED IN DIVISION (I)(2) OF THIS SECTION, A 282
PASSPORT AGENCY MAY EMPLOY CONDITIONALLY AN APPLICANT WHO HAS 284
BEEN REFERRED TO THE PASSPORT AGENCY BY AN EMPLOYMENT SERVICE 286
THAT SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR 287
POSITIONS INVOLVING THE DIRECT CARE OF OLDER ADULTS AND FOR WHOM, 288
PURSUANT TO THAT DIVISION, A CRIMINAL RECORDS CHECK IS NOT 289
REQUIRED UNDER DIVISION (B) OF THIS SECTION. 290
(b) A PASSPORT AGENCY THAT EMPLOYS AN INDIVIDUAL 294
CONDITIONALLY UNDER AUTHORITY OF DIVISION (C)(2)(a) OF THIS 296
SECTION shall terminate the individual's employment if the 298
results of the criminal records check REQUEST UNDER DIVISION (B) 299
OF THIS SECTION OR DESCRIBED IN DIVISION (I)(2) OF THIS SECTION, 300
other than the results of any request for information from the 302
federal bureau of investigation, are not obtained within the 304
period ending sixty days after the date the request is made. 305
Regardless of when the results of the criminal records check are 306
obtained, if the results indicate that the individual has been 308
convicted of or pleaded guilty to any of the offenses listed or 309
described in division (C)(1) of this section, the agency shall 310
terminate the individual's employment unless the agency chooses 312
to employ the individual pursuant to division (F) of this 313
section. Termination of employment under this division shall be 314
considered just cause for discharge for purposes of division 315
(D)(2) of section 4141.29 of the Revised Code if the individual 317
makes any attempt to deceive the agency about the individual's 318
criminal record.
(D)(1) Each PASSPORT agency shall pay to the bureau of 320
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criminal identification and investigation the fee prescribed 321
pursuant to division (C)(3) of section 109.572 of the Revised 322
Code for each criminal records check conducted pursuant to A 323
REQUEST MADE UNDER DIVISION (B) OF this section. 325
(2) A PASSPORT agency may charge an applicant a fee not 328
exceeding the amount the agency pays under division (D)(1) of 329
this section. An agency may collect a fee only if both of the 330
following apply:
(a) The agency notifies the person at the time of initial 332
application for employment of the amount of the fee and that, 334
unless the fee is paid, the person will not be considered for 335
employment;
(b) The medical assistance program established under 337
Chapter 5111. of the Revised Code does not reimburse the agency 340
the fee it pays under division (D)(1) of this section. 341
(E) The report of any criminal records check conducted 343
pursuant to a request made under this section is not a public 344
record for the purposes of section 149.43 of the Revised Code and 345
shall not be made available to any person other than the 346
following:
(1) The individual who is the subject of the criminal 348
records check or the individual's representative; 350
(2) The chief administrator of the agency requesting the 353
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 355
program that provides direct care to older adults that is owned 356
or operated by the same entity that owns or operates the PASSPORT 357
agency;
(4) A court, hearing officer, or other necessary 359
individual involved in a case dealing with a denial of employment 360
of the applicant OR DEALING WITH EMPLOYMENT OR UNEMPLOYMENT 361
BENEFITS OF THE APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT TO, 364
AND IN ACCORDANCE WITH, DIVISION (I)(1) OR (2) OF THIS SECTION. 366
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(F) The department of aging shall adopt rules in 368
accordance with Chapter 119. of the Revised Code to implement 370
this section. The rules shall specify circumstances under which 372
a PASSPORT agency may employ a person who has been convicted of 373
or pleaded guilty to an offense listed or described in division 374
(C)(1) of this section but meets personal character standards set 375
by the department. 376
(G) The chief administrator of a PASSPORT agency shall 379
inform each person, at the time of initial application for a 380
position that involves providing direct care to an older adult, 381
that the person is required to provide a set of fingerprint
impressions and that a criminal records check is required to be 382
conducted if the person comes under final consideration for 383
employment.
(H) In a tort or other civil action for damages that is 385
brought as the result of an injury, death, or loss to person or 386
property caused by an individual who a PASSPORT agency employs in 388
a position that involves providing direct care to older adults, 389
ALL OF the following shall apply: 390
(1) If the agency employed the individual in good faith 392
and reasonable reliance on the report of a criminal records check 394
requested under this section, the agency shall not be found 395
negligent solely because of its reliance on the report, even if 396
the information in the report is determined later to have been 397
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 400
a conditional basis pursuant to division (C)(2) of this section, 401
the agency shall not be found negligent solely because it 402
employed the individual prior to receiving the report of a 403
criminal records check requested under this section; 404
(3) If the agency in good faith employed the individual 406
according to the personal character standards established in 408
rules adopted under division (F) of this section, the agency 410
shall not be found negligent solely because the individual prior 411
10
to being employed had been convicted of or pleaded guilty to an 412
offense listed or described in division (C)(1) of this section. 413
(I)(1) The chief administrator OF A PASSPORT AGENCY is not 416
required to request that the superintendent of the bureau of 417
criminal identification and investigation conduct a criminal 418
records check of an applicant if the applicant has been referred 419
to the PASSPORT(1)(a) The chief administrator receives from the 425
employment service or the applicant a report of the results of a 426
criminal records check regarding the applicant that has been 427
conducted by the superintendent within the one-year period 428
immediately preceding the applicant's referral; 429
(2)(b) The report of the criminal records check 431
demonstrates that the person has not been convicted of or pleaded 432
guilty to an offense listed or described in division (C)(1) of 433
this section, OR THE REPORT DEMONSTRATES THAT THE PERSON HAS BEEN 435
CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, 436
BUT THE PASSPORT AGENCY CHOOSES TO EMPLOY THE INDIVIDUAL PURSUANT 437
TO DIVISION (F) OF THIS SECTION. 438
(2) THE CHIEF ADMINISTRATOR OF A PASSPORT AGENCY IS NOT 441
REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF 442
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL 443
RECORDS CHECK OF AN APPLICANT AND MAY EMPLOY THE APPLICANT 444
CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE APPLICANT HAS 446
BEEN REFERRED TO THE AGENCY BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS 447
INVOLVING THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF 448
ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT SERVICE OR THE 449
APPLICANT A LETTER FROM THE EMPLOYMENT SERVICE THAT IS ON THE 451
LETTERHEAD OF THE EMPLOYMENT SERVICE, DATED, AND SIGNED BY A 452
SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL OF THE EMPLOYMENT 453
SERVICE AND THAT STATES THAT THE EMPLOYMENT SERVICE HAS REQUESTED 454
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THE SUPERINTENDENT TO CONDUCT A CRIMINAL RECORDS CHECK REGARDING 455
THE APPLICANT, THAT THE REQUESTED CRIMINAL RECORDS CHECK WILL 456
INCLUDE A DETERMINATION OF WHETHER THE APPLICANT HAS BEEN 457
CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE LISTED OR DESCRIBED 458
IN DIVISION (C)(1) OF THIS SECTION, THAT, AS OF THE DATE SET 460
FORTH ON THE LETTER, THE EMPLOYMENT SERVICE HAD NOT RECEIVED THE 461
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE 462
EMPLOYMENT SERVICE RECEIVES THE RESULTS OF THE CRIMINAL RECORDS 464
CHECK, IT PROMPTLY WILL SEND A COPY OF THE RESULTS TO THE 465
PASSPORT AGENCY. IF A PASSPORT AGENCY EMPLOYS AN APPLICANT 468
CONDITIONALLY IN ACCORDANCE WITH THIS DIVISION, THE EMPLOYMENT 469
SERVICE, UPON ITS RECEIPT OF THE RESULTS OF THE CRIMINAL RECORDS 470
CHECK, PROMPTLY SHALL SEND A COPY OF THE RESULTS TO THE PASSPORT 471
AGENCY, AND DIVISION (C)(2)(b) OF THIS SECTION APPLIES REGARDING 475
THE CONDITIONAL EMPLOYMENT. 476
Sec. 3701.881. (A) As used in this section: 485
(1) "Applicant" means both of the following: 487
(a) A person who is under final consideration for 489
appointment or employment with a home health agency in a position 490
as a person responsible for the care, custody, or control of a 491
child;
(b) A person who is under final consideration for 494
employment with a home health agency in a full-time, part-time, 495
or temporary position that involves providing direct care to an 496
older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides 497
direct care as a volunteer without receiving or expecting to 498
receive any form of remuneration other than reimbursement for 500
actual expenses.
(2) "Criminal records check" and "older adult" have the 502
same meanings as in section 109.572 of the Revised Code. 503
(3) "Home health agency" has the same meaning as in 505
section 3701.88 of the Revised Code. 506
(4) "Minor drug possession offense" has the same meaning 508
12
as in section 2925.01 of the Revised Code. 509
(B)(1) Except as provided in division (I) of this section, 512
the chief administrator of a home health agency shall request the 513
superintendent of the bureau of criminal identification and 514
investigation to conduct a criminal records check with respect to 515
each applicant. If the position may involve both responsibility 517
for the care, custody, or control of a child and provision of 518
direct care to an older adult, the chief administrator shall 519
request that the superintendent conduct a single criminal records 520
check for the applicant. If the AN applicant FOR WHOM A CRIMINAL 521
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION does not 523
present proof of having been a resident of this state for the 525
five-year period immediately prior to the date upon which the 526
criminal records check is requested or does not provide evidence 527
that within that five-year period the superintendent has
requested information about the applicant from the federal bureau 528
of investigation in a criminal records check, the chief 529
administrator shall request that the superintendent obtain 530
information from the federal bureau of investigation as a part of 531
the criminal records check for the applicant. If the EVEN IF AN 532
applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED 534
UNDER THIS DIVISION presents proof that the applicant has been a 535
resident of this state for that five-year period, the chief 536
administrator may request that the superintendent include 537
information from the federal bureau of investigation in the 538
criminal records check.
(2) Any person required by division (B)(1) of this section 540
to request a criminal records check shall provide to each 541
applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED 542
UNDER THAT DIVISION a copy of the form prescribed pursuant to 543
division (C)(1) of section 109.572 of the Revised Code, provide 544
to each applicant AND a standard impression sheet to obtain 545
fingerprint impressions prescribed pursuant to division (C)(2) of 546
section 109.572 of the Revised Code, obtain the completed form 547
13
and impression sheet from each applicant, and forward the 548
completed form and impression sheet to the superintendent of the 549
bureau of criminal identification and investigation at the time 550
the chief administrator requests a criminal records check 551
pursuant to division (B)(1) of this section. 552
(3) An applicant who receives pursuant to division (B)(2) 554
of this section a copy of the form prescribed pursuant to 555
division (C)(1) of section 109.572 of the Revised Code and a copy 556
of an impression sheet prescribed pursuant to division (C)(2) of 557
that section and who is requested to complete the form and 558
provide a set of fingerprint impressions shall complete the form 559
or provide all the information necessary to complete the form and 560
shall provide the impression sheets with the impressions of the 561
applicant's fingerprints. If an applicant, upon request, fails 563
to provide the information necessary to complete the form or 564
fails to provide fingerprint impressions, the home health agency 565
shall not employ that applicant for any position for which a 568
criminal records check is required by division (B)(1) of this 569
section.
(C)(1) Except as provided in rules adopted by the 571
department of health in accordance with division (F) of this 573
section AND SUBJECT TO DIVISION (C)(3) OF THIS SECTION, no home 575
health agency shall employ a person as a person responsible for 576
the care, custody, or control of a child if the person previously 577
has been convicted of or pleaded guilty to any of the following: 578
(a) A violation of section 2903.01, 2903.02, 2903.03, 580
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 581
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 583
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 584
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 585
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 586
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 587
2925.06, or 3716.11 of the Revised Code, a violation of section 588
2905.04 of the Revised Code as it existed prior to July 1, 1996, 589
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a violation of section 2919.23 of the Revised Code that would 590
have been a violation of section 2905.04 of the Revised Code as 591
it existed prior to July 1, 1996, had the violation been
committed prior to that date, a violation of section 2925.11 of 592
the Revised Code that is not a minor drug possession offense, or 593
felonious sexual penetration in violation of former section 594
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 596
state, any other state, or the United States that is 597
substantially equivalent to any of the offenses listed in 598
division (C)(1)(a) of this section. 599
(2) Except as provided in rules adopted by the department 601
of health in accordance with division (F) of this section AND 603
SUBJECT TO DIVISION (C)(3) OF THIS SECTION, no home health agency 604
shall employ a person in a position that involves providing 605
direct care to an older adult if the person previously has been 606
convicted of or pleaded guilty to any of the following: 607
(a) A violation of section 2903.01, 2903.02, 2903.03, 610
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 611
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 612
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 614
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 615
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 616
2925.22, 2925.23, or 3716.11 of the Revised Code. 617
(b) An A VIOLATION OF AN existing or former law of this 619
state, any other state, or the United States that is 621
substantially equivalent to any of the offenses listed in 622
division (C)(2)(a) of this section. 623
(3)(a) A home health agency may employ CONDITIONALLY an 625
applicant conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST 626
IS REQUIRED UNDER DIVISION (B) OF THIS SECTION as a person 627
responsible for the care, custody, or control of a child until 630
15
the criminal records check REGARDING THE APPLICANT required by 631
this section is completed and the agency receives the results of 632
the criminal records check. If the results of the criminal 633
records check indicate that, pursuant to division (C)(1) of this 634
section, the applicant does not qualify for employment, the 635
agency shall release the applicant from employment UNLESS THE 636
AGENCY CHOOSES TO EMPLOY THE APPLICANT PURSUANT TO DIVISION (F) 637
OF THIS SECTION.
(b)(i) A home health agency may employ CONDITIONALLY an 639
applicant conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST 640
IS REQUIRED UNDER DIVISION (B) OF THIS SECTION in a position that 642
involves providing direct care to an older adult OR IN A POSITION 643
THAT INVOLVES BOTH RESPONSIBILITY FOR THE CARE, CUSTODY, AND
CONTROL OF A CHILD AND THE PROVISION OF DIRECT CARE TO OLDER 644
ADULTS prior to obtaining the results of a criminal records check 646
regarding the individual. The, PROVIDED THAT THE agency shall 647
request a criminal records check REGARDING THE INDIVIDUAL in 649
accordance with division (B)(1) of this section not later than 651
five business days after the individual begins conditional 652
employment. The agency IN THE CIRCUMSTANCES DESCRIBED IN 653
DIVISION (I)(2) OF THIS SECTION, A HOME HEALTH AGENCY MAY EMPLOY 655
CONDITIONALLY IN A POSITION THAT INVOLVES PROVIDING DIRECT CARE 656
TO AN OLDER ADULT AN APPLICANT WHO HAS BEEN REFERRED TO THE HOME 657
HEALTH AGENCY BY AN EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, 658
PART-TIME, OR TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT 659
CARE OF OLDER ADULTS AND FOR WHOM, PURSUANT TO THAT DIVISION, A 660
CRIMINAL RECORDS CHECK IS NOT REQUIRED UNDER DIVISION (B) OF THIS 662
SECTION. IN THE CIRCUMSTANCES DESCRIBED IN DIVISION (I)(4) OF 663
THIS SECTION, A HOME HEALTH AGENCY MAY EMPLOY CONDITIONALLY IN A 664
POSITION THAT INVOLVES BOTH RESPONSIBILITY FOR THE CARE, CUSTODY, 665
AND CONTROL OF A CHILD AND THE PROVISION OF DIRECT CARE TO OLDER 666
ADULTS AN APPLICANT WHO HAS BEEN REFERRED TO THE HOME HEALTH 667
AGENCY BY AN EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, 668
PART-TIME, OR TEMPORARY STAFF FOR POSITIONS INVOLVING BOTH 669
16
RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL OF A CHILD AND 670
THE PROVISION OF DIRECT CARE TO OLDER ADULTS AND FOR WHOM, 671
PURSUANT TO THAT DIVISION, A CRIMINAL RECORDS CHECK IS NOT 672
REQUIRED UNDER DIVISION (B) OF THIS SECTION. 674
(ii) A HOME HEALTH AGENCY THAT EMPLOYS AN INDIVIDUAL 677
CONDITIONALLY UNDER AUTHORITY OF DIVISION (C)(3)(b)(i) OF THIS 679
SECTION shall terminate the individual's employment if the 681
results of the criminal records check REQUESTED UNDER DIVISION 682
(B)(1) OF THIS SECTION OR DESCRIBED IN DIVISION (I)(2) OR (4) OF 683
THIS SECTION, other than the results of any request for 684
information from the federal bureau of investigation, are not 686
obtained within the period ending sixty days after the date the
request is made. Regardless of when the results of the criminal 687
records check are obtained, if THE INDIVIDUAL WAS EMPLOYED 690
CONDITIONALLY IN A POSITION THAT INVOLVES THE PROVISION OF DIRECT 691
CARE TO OLDER ADULTS AND THE RESULTS INDICATE THAT THE INDIVIDUAL 692
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES 693
LISTED OR DESCRIBED IN DIVISION (C)(2) OF THIS SECTION, OR IF THE 695
INDIVIDUAL WAS EMPLOYED CONDITIONALLY IN A POSITION THAT INVOLVES 696
BOTH RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL OF A CHILD 697
AND THE PROVISION OF DIRECT CARE TO OLDER ADULTS AND the results 699
indicate that the individual has been convicted of or pleaded 701
guilty to any of the offenses listed or described in division 702
(C)(1) OR (2) of this section, the agency shall terminate the 705
individual's employment unless the agency chooses to employ the 707
individual pursuant to division (F) of this section. Termination 709
of employment under this division shall be considered just cause 710
for discharge for purposes of division (D)(2) of section 4141.29 711
of the Revised Code if the individual makes any attempt to 712
deceive the agency about the individual's criminal record. 713
(D)(1) Each home health agency shall pay to the bureau of 715
criminal identification and investigation the fee prescribed 716
pursuant to division (C)(3) of section 109.572 of the Revised 717
Code for each criminal records check conducted in accordance with 718
17
that section upon the request pursuant to division (B)(1) of this 720
section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for 722
the costs it incurs in obtaining a criminal records check under 723
this section, unless the medical assistance program established 724
under Chapter 5111. of the Revised Code reimburses the agency for 725
the costs. A fee charged under division (D)(2) of this section 727
shall not exceed the amount of fees the agency pays under
division (D)(1) of this section. If a fee is charged under 728
division (D)(2) of this section, the agency shall notify the 730
applicant at the time of the applicant's initial application for 731
employment of the amount of the fee and that, unless the fee is 732
paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by 734
the bureau of criminal identification and investigation in 735
accordance with section 109.572 of the Revised Code and pursuant 736
to a request made under division (B)(1) of this section is not a 738
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the 739
following: 740
(1) The individual who is the subject of the criminal 742
records check or the individual's representative; 743
(2) The home health agency requesting the criminal records 746
check or its representative;
(3) The administrator of any other facility, agency, or 748
program that provides direct care to older adults that is owned 749
or operated by the same entity that owns or operates the home 750
health agency;
(4) Any court, hearing officer, or other necessary 752
individual involved in a case dealing with the A denial of 753
employment of the applicant OR DEALING WITH EMPLOYMENT OR 754
UNEMPLOYMENT BENEFITS OF THE APPLICANT; 755
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT TO, 758
AND IN ACCORDANCE WITH, DIVISION (I)(1), (2), (3), OR (4) OF THIS 760
18
SECTION.
(F) The department of health shall adopt rules in 762
accordance with Chapter 119. of the Revised Code to implement 763
this section. The rules shall specify circumstances under which 765
the home health agency may employ a person who has been convicted 766
of or pleaded guilty to an offense listed or described in 767
division (C)(1) of this section but who meets standards in regard 769
to rehabilitation set by the department or employ a person who 770
has been convicted of or pleaded guilty to an offense listed or 772
described in division (C)(2) of this section but meets personal 773
character standards set by the department.
(G) Any person required by division (B)(1) of this section 775
to request a criminal records check shall inform each person, at 776
the time of initial application for employment that the person is 778
required to provide a set of fingerprint impressions and that a 779
criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of 780
the Revised Code if the person comes under final consideration 781
for appointment or employment as a precondition to employment for 782
that position. 783
(H) In a tort or other civil action for damages that is 785
brought as the result of an injury, death, or loss to person or 786
property caused by an individual who a home health agency employs 788
in a position that involves providing direct care to older 789
adults, ALL OF the following shall apply: 790
(1) If the agency employed the individual in good faith 792
and reasonable reliance on the report of a criminal records check 794
requested under this section, the agency shall not be found 795
negligent solely because of its reliance on the report, even if 796
the information in the report is determined later to have been 797
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 800
a conditional basis pursuant to division (C)(2)(3)(b) of this 801
section, the agency shall not be found negligent solely because 802
19
it employed the individual prior to receiving the report of a 803
criminal records check requested under this section; 804
(3) If the agency in good faith employed the individual 806
according to the personal character standards established in 808
rules adopted under division (F) of this section, the agency 810
shall not be found negligent solely because the individual prior 811
to being employed had been convicted of or pleaded guilty to an 812
offense listed or described in division (C)(1) OR (2) of this 813
section.
(I)(1) The chief administrator OF A HOME HEALTH AGENCY is 815
not required to request that the superintendent of the bureau of 817
criminal identification and investigation conduct a criminal 818
records check of an applicant FOR A POSITION THAT INVOLVES THE 819
PROVISION OF DIRECT CARE TO OLDER ADULTS if the applicant has 820
been referred to the home health agency by an employment service 823
that supplies full-time, part-time, or temporary staff for 824
positions involving the direct care of older adults and both of 825
the following apply:
(1)(a) The chief administrator receives from the 827
employment service or the applicant a report of the results of a 828
criminal records check regarding the applicant that has been 829
conducted by the superintendent within the one-year period 830
immediately preceding the applicant's referral; 831
(2)(b) The report of the criminal records check 833
demonstrates that the person has not been convicted of or pleaded 834
guilty to an offense listed or described in division (C)(2) of 835
this section, OR THE REPORT DEMONSTRATES THAT THE PERSON HAS BEEN 837
CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, 838
BUT THE HOME HEALTH AGENCY CHOOSES TO EMPLOY THE INDIVIDUAL 839
PURSUANT TO DIVISION (F) OF THIS SECTION. 840
(2) THE CHIEF ADMINISTRATOR OF A HOME HEALTH AGENCY IS NOT 843
REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF 844
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL 845
RECORDS CHECK OF AN APPLICANT FOR A POSITION THAT INVOLVES 846
20
PROVIDING DIRECT CARE TO OLDER ADULTS AND MAY EMPLOY THE 847
APPLICANT CONDITIONALLY IN A POSITION OF THAT NATURE AS DESCRIBED 848
IN THIS DIVISION, IF THE APPLICANT HAS BEEN REFERRED TO THE 849
AGENCY BY AN EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME,
PART-TIME, OR TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT 850
CARE OF OLDER ADULTS AND IF THE CHIEF ADMINISTRATOR RECEIVES FROM 852
THE EMPLOYMENT SERVICE OR THE APPLICANT A LETTER FROM THE 853
EMPLOYMENT SERVICE THAT IS ON THE LETTERHEAD OF THE EMPLOYMENT 854
SERVICE, DATED, AND SIGNED BY A SUPERVISOR OR ANOTHER DESIGNATED 855
OFFICIAL OF THE EMPLOYMENT SERVICE AND THAT STATES THAT THE 857
EMPLOYMENT SERVICE HAS REQUESTED THE SUPERINTENDENT TO CONDUCT A 858
CRIMINAL RECORDS CHECK REGARDING THE APPLICANT, THAT THE 859
REQUESTED CRIMINAL RECORDS CHECK WILL INCLUDE A DETERMINATION OF 860
WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR PLEADED GUILTY TO 861
ANY OFFENSE LISTED OR DESCRIBED IN DIVISION (C)(2) OF THIS 863
SECTION, THAT, AS OF THE DATE SET FORTH ON THE LETTER, THE 864
EMPLOYMENT SERVICE HAD NOT RECEIVED THE RESULTS OF THE CRIMINAL 866
RECORDS CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE RECEIVES THE 867
RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A 868
COPY OF THE RESULTS TO THE HOME HEALTH AGENCY. IF A HOME HEALTH 870
AGENCY EMPLOYS AN APPLICANT CONDITIONALLY IN ACCORDANCE WITH THIS 871
DIVISION, THE EMPLOYMENT SERVICE, UPON ITS RECEIPT OF THE RESULTS 873
OF THE CRIMINAL RECORDS CHECK, PROMPTLY SHALL SEND A COPY OF THE 874
RESULTS TO THE HOME HEALTH AGENCY, AND DIVISION (C)(3)(b) OF THIS 879
SECTION APPLIES REGARDING THE CONDITIONAL EMPLOYMENT. 880
(3) THE CHIEF ADMINISTRATOR OF A HOME HEALTH AGENCY IS NOT 883
REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL 884
RECORDS CHECK OF AN APPLICANT FOR A POSITION THAT INVOLVES BOTH 885
RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL OF A CHILD AND 886
THE PROVISION OF DIRECT CARE TO OLDER ADULTS IF THE APPLICANT HAS 888
BEEN REFERRED TO THE AGENCY BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS 889
INVOLVING BOTH RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL 890
21
OF A CHILD AND THE PROVISION OF DIRECT CARE TO OLDER ADULTS AND 891
BOTH OF THE FOLLOWING APPLY: 892
(a) THE CHIEF ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT 895
SERVICE OR APPLICANT A REPORT OF A CRIMINAL RECORDS CHECK OF THE 896
TYPE DESCRIBED IN DIVISION (I)(1)(a) OF THIS SECTION; 898
(b) THE REPORT OF THE CRIMINAL RECORDS CHECK DEMONSTRATES 901
THAT THE PERSON HAS NOT BEEN CONVICTED OF OR PLEADED GUILTY TO AN 902
OFFENSE LISTED OR DESCRIBED IN DIVISION (C)(1) OR (2) OF THIS 904
SECTION, OR THE REPORT DEMONSTRATES THAT THE PERSON HAS BEEN 905
CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, 906
BUT THE HOME HEALTH AGENCY CHOOSES TO EMPLOY THE INDIVIDUAL 907
PURSUANT TO DIVISION (F) OF THIS SECTION. 908
(4) THE CHIEF ADMINISTRATOR OF A HOME HEALTH AGENCY IS NOT 911
REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL 912
RECORDS CHECK OF AN APPLICANT FOR A POSITION THAT INVOLVES BOTH 913
RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL OF A CHILD AND 914
THE PROVISION OF DIRECT CARE TO OLDER ADULTS AND MAY EMPLOY THE 915
APPLICANT CONDITIONALLY IN A POSITION OF THAT NATURE AS DESCRIBED 916
IN THIS DIVISION, IF THE APPLICANT HAS BEEN REFERRED TO THE 917
AGENCY BY AN EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, 918
PART-TIME, OR TEMPORARY STAFF FOR POSITIONS INVOLVING BOTH 919
RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL OF A CHILD AND 920
THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF ADMINISTRATOR 921
RECEIVES FROM THE EMPLOYMENT SERVICE OR THE APPLICANT A LETTER 922
FROM THE EMPLOYMENT SERVICE THAT IS ON THE LETTERHEAD OF THE 924
EMPLOYMENT SERVICE, DATED, AND SIGNED BY A SUPERVISOR OR ANOTHER 925
DESIGNATED OFFICIAL OF THE EMPLOYMENT SERVICE AND THAT STATES 927
THAT THE EMPLOYMENT SERVICE HAS REQUESTED THE SUPERINTENDENT TO 928
CONDUCT A CRIMINAL RECORDS CHECK REGARDING THE APPLICANT, THAT 929
THE REQUESTED CRIMINAL RECORDS CHECK WILL INCLUDE A DETERMINATION 930
OF WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR PLEADED GUILTY 931
TO ANY OFFENSE LISTED OR DESCRIBED IN DIVISION (C)(1) OR (2) OF 933
THIS SECTION, THAT, AS OF THE DATE SET FORTH ON THE LETTER, THE 934
22
EMPLOYMENT SERVICE HAD NOT RECEIVED THE RESULTS OF THE CRIMINAL 935
RECORDS CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE RECEIVES THE 936
RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A 937
COPY OF THE RESULTS TO THE HOME HEALTH AGENCY. IF A HOME HEALTH 940
AGENCY EMPLOYS AN APPLICANT CONDITIONALLY IN ACCORDANCE WITH THIS 941
DIVISION, THE EMPLOYMENT SERVICE, UPON ITS RECEIPT OF THE RESULTS 942
OF THE CRIMINAL RECORDS CHECK, PROMPTLY SHALL SEND A COPY OF THE 943
RESULTS TO THE HOME HEALTH AGENCY, AND DIVISION (C)(3)(b) OF THIS 947
SECTION APPLIES REGARDING THE CONDITIONAL EMPLOYMENT. 948
Sec. 3712.09. (A) As used in this section: 957
(1) "Applicant" means a person who is under final 959
consideration for employment with a hospice care program in a 960
full-time, part-time, or temporary position that involves 962
providing direct care to an older adult. "Applicant" does not 963
include a person who provides direct care as a volunteer without 964
receiving or expecting to receive any form of remuneration other
than reimbursement for actual expenses. 965
(2) "Criminal records check" and "older adult" have the 967
same meanings as in section 109.572 of the Revised Code. 968
(B)(1) Except as provided in division (I) of this section, 970
the chief administrator of a hospice care program shall request 972
that the superintendent of the bureau of criminal identification 973
and investigation conduct a criminal records check with respect 974
to each applicant. If the AN applicant FOR WHOM A CRIMINAL 976
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION does not 977
present proof of having been a resident of this state for the 978
five-year period immediately prior to the date the criminal 979
records check is requested or provide evidence that within that 980
five-year period the superintendent has requested information 981
about the applicant from the federal bureau of investigation in a 982
criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal 983
bureau of investigation as part of the criminal records check of 984
the applicant. Even if the AN applicant FOR WHOM A CRIMINAL 985
23
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION presents 986
proof of having been a resident of this state for the five-year 988
period, the chief administrator may request that the 989
superintendent include information from the federal bureau of 990
investigation in the criminal records check. 991
(2) A person required by division (B)(1) of this section 994
to request a criminal records check shall do both of the
following: 995
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS 997
CHECK REQUEST IS REQUIRED UNDER THAT DIVISION a copy of the form 998
prescribed pursuant to division (C)(1) of section 109.572 of the 1,000
Revised Code and a standard fingerprint impression sheet 1,001
prescribed pursuant to division (C)(2) of that section, and 1,002
obtain the completed form and impression sheet from the 1,003
applicant;
(b) Forward the completed form and impression sheet to the 1,006
superintendent of the bureau of criminal identification and 1,007
investigation.
(3) An applicant provided the form and fingerprint 1,009
impression sheet under division (B)(2)(a) of this section who 1,010
fails to complete the form or provide fingerprint impressions 1,012
shall not be employed in any position for which a criminal 1,013
records check is required by this section. 1,014
(C)(1) Except as provided in rules adopted by the public 1,017
health council in accordance with division (F) of this section 1,018
AND SUBJECT TO DIVISION (C)(2) OF THIS SECTION, no hospice care 1,019
program shall employ a person in a position that involves 1,020
providing direct care to an older adult if the person has been 1,021
convicted of or pleaded guilty to any of the following: 1,022
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,025
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,026
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,027
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,029
24
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,030
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,032
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,033
(b) An A VIOLATION OF AN existing or former law of this 1,035
state, any other state, or the United States that is 1,037
substantially equivalent to any of the offenses listed in
division (C)(1)(a) of this section. 1,038
(2)(a) A hospice care program may employ CONDITIONALLY an 1,040
applicant conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST 1,042
IS REQUIRED UNDER DIVISION (B) OF THIS SECTION prior to obtaining 1,043
the results of a criminal records check regarding the individual. 1,045
The, PROVIDED THAT THE program shall request a criminal records 1,047
check REGARDING THE INDIVIDUAL in accordance with division (B)(1) 1,048
of this section not later than five business days after the 1,049
individual begins conditional employment. The program IN THE 1,051
CIRCUMSTANCES DESCRIBED IN DIVISION (I)(2) OF THIS SECTION, A 1,052
HOSPICE CARE PROGRAM MAY EMPLOY CONDITIONALLY AN APPLICANT WHO 1,054
HAS BEEN REFERRED TO THE HOSPICE CARE PROGRAM BY AN EMPLOYMENT 1,056
SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF 1,057
FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER ADULTS AND FOR 1,058
WHOM, PURSUANT TO THAT DIVISION, A CRIMINAL RECORDS CHECK IS NOT 1,059
REQUIRED UNDER DIVISION (B) OF THIS SECTION. 1,060
(b) A HOSPICE CARE PROGRAM THAT EMPLOYS AN INDIVIDUAL 1,064
CONDITIONALLY UNDER AUTHORITY OF DIVISION (C)(2)(a) OF THIS 1,066
SECTION shall terminate the individual's employment if the 1,067
results of the criminal records check REQUESTED UNDER DIVISION 1,069
(B) OF THIS SECTION OR DESCRIBED IN DIVISION (I)(2) OF THIS 1,070
SECTION, other than the results of any request for information 1,072
from the federal bureau of investigation, are not obtained within 1,073
the period ending sixty days after the date the request is made. 1,074
Regardless of when the results of the criminal records check are 1,075
obtained, if the results indicate that the individual has been 1,076
convicted of or pleaded guilty to any of the offenses listed or 1,077
25
described in division (C)(1) of this section, the program shall 1,078
terminate the individual's employment unless the program chooses 1,079
to employ the individual pursuant to division (F) of this 1,080
section. Termination of employment under this division shall be 1,081
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of the Revised Code if the individual 1,082
makes any attempt to deceive the program about the individual's 1,083
criminal record. 1,084
(D)(1) Each hospice care program shall pay to the bureau 1,087
of criminal identification and investigation the fee prescribed 1,088
pursuant to division (C)(3) of section 109.572 of the Revised 1,089
Code for each criminal records check conducted pursuant to A 1,090
REQUEST MADE UNDER DIVISION (B) OF this section. 1,091
(2) A hospice care program may charge an applicant a fee 1,093
not exceeding the amount the program pays under division (D)(1) 1,095
of this section. A program may collect a fee only if both of the 1,096
following apply:
(a) The program notifies the person at the time of initial 1,098
application for employment of the amount of the fee and that, 1,099
unless the fee is paid, the person will not be considered for 1,100
employment;
(b) The medical assistance program established under 1,102
Chapter 5111. of the Revised Code does not reimburse the program 1,104
the fee it pays under division (D)(1) of this section. 1,105
(E) The report of a criminal records check conducted 1,108
pursuant to a request made under this section is not a public 1,109
record for the purposes of section 149.43 of the Revised Code and 1,110
shall not be made available to any person other than the 1,111
following:
(1) The individual who is the subject of the criminal 1,114
records check or the individual's representative;
(2) The chief administrator of the program requesting the 1,117
criminal records check or the administrator's representative; 1,118
(3) The administrator of any other facility, agency, or 1,120
26
program that provides direct care to older adults that is owned 1,121
or operated by the same entity that owns or operates the hospice 1,122
care program;
(4) A court, hearing officer, or other necessary 1,125
individual involved in a case dealing with a denial of employment 1,126
of the applicant OR DEALING WITH EMPLOYMENT OR UNEMPLOYMENT 1,127
BENEFITS OF THE APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT TO, 1,130
AND IN ACCORDANCE WITH, DIVISION (I)(1) OR (2) OF THIS SECTION. 1,132
(F) The public health council shall adopt rules in 1,135
accordance with Chapter 119. of the Revised Code to implement 1,136
this section. The rules shall specify circumstances under which 1,137
a hospice care program may employ a person who has been convicted 1,138
of or pleaded guilty to an offense listed or described in 1,139
division (C)(1) of this section but meets personal character 1,140
standards set by the council.
(G) The chief administrator of a hospice care program 1,143
shall inform each individual, at the time of initial application 1,144
for a position that involves providing direct care to an older 1,145
adult, that the individual is required to provide a set of
fingerprint impressions and that a criminal records check is 1,146
required to be conducted if the individual comes under final 1,147
consideration for employment. 1,148
(H) In a tort or other civil action for damages that is 1,150
brought as the result of an injury, death, or loss to person or 1,151
property caused by an individual who a hospice care program 1,152
employs in a position that involves providing direct care to 1,153
older adults, ALL OF the following shall apply: 1,155
(1) If the program employed the individual in good faith 1,157
and reasonable reliance on the report of a criminal records check 1,159
requested under this section, the program shall not be found 1,160
negligent solely because of its reliance on the report, even if 1,161
the information in the report is determined later to have been 1,162
incomplete or inaccurate;
27
(2) If the program employed the individual in good faith 1,164
on a conditional basis pursuant to division (C)(2) of this 1,166
section, the program shall not be found negligent solely because 1,167
it employed the individual prior to receiving the report of a 1,168
criminal records check requested under this section; 1,169
(3) If the program in good faith employed the individual 1,171
according to the personal character standards established in 1,172
rules adopted under division (F) of this section, the program 1,173
shall not be found negligent solely because the individual prior 1,174
to being employed had been convicted of or pleaded guilty to an 1,175
offense listed or described in division (C)(1) of this section. 1,176
(I)(1) The chief administrator OF A HOSPICE CARE PROGRAM 1,178
is not required to request that the superintendent of the bureau 1,180
of criminal identification and investigation conduct a criminal 1,181
records check of an applicant if the applicant has been referred 1,182
to the hospice care program by an employment service that 1,184
supplies full-time, part-time, or temporary staff for positions 1,185
involving the direct care of older adults and both of the 1,186
following apply:
(1)(a) The chief administrator receives from the 1,188
employment service or the applicant a report of the results of a 1,189
criminal records check regarding the applicant that has been 1,190
conducted by the superintendent within the one-year period 1,191
immediately preceding the applicant's referral; 1,192
(2)(b) The report of the criminal records check 1,194
demonstrates that the person has not been convicted of or pleaded 1,195
guilty to an offense listed or described in division (C)(1) of 1,197
this section, OR THE REPORT DEMONSTRATES THAT THE PERSON HAS BEEN 1,198
CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, 1,199
BUT THE HOSPICE CARE PROGRAM CHOOSES TO EMPLOY THE INDIVIDUAL 1,200
PURSUANT TO DIVISION (F) OF THIS SECTION. 1,201
(2) THE CHIEF ADMINISTRATOR OF A HOSPICE CARE PROGRAM IS 1,204
NOT REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF 1,205
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL 1,206
28
RECORDS CHECK OF AN APPLICANT AND MAY EMPLOY THE APPLICANT 1,207
CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE APPLICANT HAS 1,209
BEEN REFERRED TO THE PROGRAM BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS 1,210
INVOLVING THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF 1,211
ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT SERVICE OR THE 1,212
APPLICANT A LETTER FROM THE EMPLOYMENT SERVICE THAT IS ON THE 1,214
LETTERHEAD OF THE EMPLOYMENT SERVICE, DATED, AND SIGNED BY A 1,215
SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL OF THE EMPLOYMENT 1,216
SERVICE AND THAT STATES THAT THE EMPLOYMENT SERVICE HAS REQUESTED 1,218
THE SUPERINTENDENT TO CONDUCT A CRIMINAL RECORDS CHECK REGARDING 1,219
THE APPLICANT, THAT THE REQUESTED CRIMINAL RECORDS CHECK WILL 1,220
INCLUDE A DETERMINATION OF WHETHER THE APPLICANT HAS BEEN 1,221
CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE LISTED OR DESCRIBED 1,222
IN DIVISION (C)(1) OF THIS SECTION, THAT, AS OF THE DATE SET 1,224
FORTH ON THE LETTER, THE EMPLOYMENT SERVICE HAD NOT RECEIVED THE 1,225
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE 1,226
EMPLOYMENT SERVICE RECEIVES THE RESULTS OF THE CRIMINAL RECORDS 1,228
CHECK, IT PROMPTLY WILL SEND A COPY OF THE RESULTS TO THE HOSPICE 1,230
CARE PROGRAM. IF A HOSPICE CARE PROGRAM EMPLOYS AN APPLICANT 1,232
CONDITIONALLY IN ACCORDANCE WITH THIS DIVISION, THE EMPLOYMENT 1,233
SERVICE, UPON ITS RECEIPT OF THE RESULTS OF THE CRIMINAL RECORDS 1,234
CHECK, PROMPTLY SHALL SEND A COPY OF THE RESULTS TO THE HOSPICE 1,235
CARE PROGRAM, AND DIVISION (C)(2)(b) OF THIS SECTION APPLIES 1,239
REGARDING THE CONDITIONAL EMPLOYMENT. 1,240
Sec. 3721.121. (A) As used in this section: 1,249
(1) "Adult day-care program" means a program operated 1,251
pursuant to rules adopted by the public health council under 1,252
section 3721.04 of the Revised Code and provided by and on the 1,254
same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final 1,256
consideration for employment with a home or adult day-care 1,257
program in a full-time, part-time, or temporary position that 1,258
involves providing direct care to an older adult. "Applicant" 1,259
29
does not include a person who provides direct care as a volunteer 1,260
without receiving or expecting to receive any form of 1,261
remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the 1,263
same meanings as in section 109.572 of the Revised Code. 1,264
(4) "Home" means a home as defined in section 3721.10 of 1,266
the Revised Code. 1,267
(B)(1) Except as provided in division (I) of this section, 1,270
the chief administrator of a home or adult day-care program shall 1,271
request that the superintendent of the bureau of criminal 1,272
identification and investigation conduct a criminal records check 1,273
with respect to each applicant. If the AN applicant FOR WHOM A 1,275
CRIMINAL RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION 1,276
does not present proof of having been a resident of this state 1,277
for the five-year period immediately prior to the date the 1,278
criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested 1,279
information about the applicant from the federal bureau of 1,280
investigation in a criminal records check, the chief 1,281
administrator shall request that the superintendent obtain 1,282
information from the federal bureau of investigation as part of 1,283
the criminal records check of the applicant. Even if the AN 1,284
applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED 1,285
UNDER THIS DIVISION presents proof of having been a resident of 1,287
this state for the five-year period, the chief administrator may 1,288
request that the superintendent include information from the 1,289
federal bureau of investigation in the criminal records check. 1,290
(2) A person required by division (B)(1) of this section 1,293
to request a criminal records check shall do both of the
following: 1,294
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS 1,296
CHECK REQUEST IS REQUIRED UNDER THAT DIVISION a copy of the form 1,297
prescribed pursuant to division (C)(1) of section 109.572 of the 1,299
Revised Code and a standard fingerprint impression sheet 1,300
30
prescribed pursuant to division (C)(2) of that section, and 1,301
obtain the completed form and impression sheet from the 1,302
applicant;
(b) Forward the completed form and impression sheet to the 1,305
superintendent of the bureau of criminal identification and 1,306
investigation.
(3) An applicant provided the form and fingerprint 1,308
impression sheet under division (B)(2)(a) of this section who 1,309
fails to complete the form or provide fingerprint impressions 1,311
shall not be employed in any position for which a criminal 1,312
records check is required by this section. 1,313
(C)(1) Except as provided in rules adopted by the director 1,316
of health in accordance with division (F) of this section AND 1,317
SUBJECT TO DIVISION (C)(2) OF THIS SECTION, no home or adult 1,318
day-care program shall employ a person in a position that 1,320
involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following: 1,321
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,324
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,325
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,326
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,328
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,329
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,330
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,331
(b) An A VIOLATION OF AN existing or former law of this 1,333
state, any other state, or the United States that is 1,335
substantially equivalent to any of the offenses listed in 1,336
division (C)(1)(a) of this section. 1,337
(2)(a) A home or an adult day-care program may employ 1,339
CONDITIONALLY an applicant conditionally FOR WHOM A CRIMINAL 1,341
RECORDS CHECK REQUEST IS REQUIRED UNDER DIVISION (B) OF THIS 1,342
SECTION prior to obtaining the results of a criminal records 1,344
31
check regarding the individual. The, PROVIDED THAT THE home or 1,345
program shall request a criminal records check REGARDING THE 1,347
INDIVIDUAL in accordance with division (B)(1) of this section not 1,348
later than five business days after the individual begins 1,349
conditional employment. The home or program IN THE CIRCUMSTANCES 1,351
DESCRIBED IN DIVISION (I)(2) OF THIS SECTION, A HOME OR ADULT 1,353
DAY-CARE PROGRAM MAY EMPLOY CONDITIONALLY AN APPLICANT WHO HAS 1,354
BEEN REFERRED TO THE HOME OR ADULT DAY-CARE PROGRAM BY AN 1,355
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR 1,356
TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER 1,357
ADULTS AND FOR WHOM, PURSUANT TO THAT DIVISION, A CRIMINAL 1,358
RECORDS CHECK IS NOT REQUIRED UNDER DIVISION (B) OF THIS SECTION. 1,360
(b) A HOME OR ADULT DAY-CARE PROGRAM THAT EMPLOYS AN 1,362
INDIVIDUAL CONDITIONALLY UNDER AUTHORITY OF DIVISION (C)(2)(a) OF 1,364
THIS SECTION shall terminate the individual's employment if the 1,365
results of the criminal records check REQUESTED UNDER DIVISION 1,366
(B) OF THIS SECTION OR DESCRIBED IN DIVISION (I)(2) OF THIS 1,367
SECTION, other than the results of any request for information 1,368
from the federal bureau of investigation, are not obtained within 1,370
the period ending sixty days after the date the request is made. 1,371
Regardless of when the results of the criminal records check are 1,372
obtained, if the results indicate that the individual has been 1,373
convicted of or pleaded guilty to any of the offenses listed or 1,374
described in division (C)(1) of this section, the home or program 1,375
shall terminate the individual's employment unless the home or 1,376
program chooses to employ the individual pursuant to division (F) 1,377
of this section. Termination of employment under this division 1,378
shall be considered just cause for discharge for purposes of 1,379
division (D)(2) of section 4141.29 of the Revised Code if the 1,381
individual makes any attempt to deceive the home or program about 1,382
the individual's criminal record.
(D)(1) Each home or adult day-care program shall pay to 1,385
the bureau of criminal identification and investigation the fee 1,386
prescribed pursuant to division (C)(3) of section 109.572 of the 1,387
32
Revised Code for each criminal records check conducted pursuant 1,388
to A REQUEST MADE UNDER DIVISION (B) OF this section. 1,389
(2) A home or adult day-care program may charge an 1,391
applicant a fee not exceeding the amount the home or program pays 1,392
under division (D)(1) of this section. A home or program may 1,394
collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of 1,396
initial application for employment of the amount of the fee and 1,398
that, unless the fee is paid, the person will not be considered
for employment; 1,399
(b) The medical assistance program established under 1,401
Chapter 5111. of the Revised Code does not reimburse the home or 1,403
program the fee it pays under division (D)(1) of this section. 1,404
(E) The report of any criminal records check conducted 1,407
pursuant to a request made under this section is not a public 1,408
record for the purposes of section 149.43 of the Revised Code and 1,409
shall not be made available to any person other than the 1,410
following:
(1) The individual who is the subject of the criminal 1,413
records check or the individual's representative;
(2) The chief administrator of the home or program 1,416
requesting the criminal records check or the administrator's 1,417
representative;
(3) The administrator of any other facility, agency, or 1,419
program that provides direct care to older adults that is owned 1,420
or operated by the same entity that owns or operates the home or 1,421
program;
(4) A court, hearing officer, or other necessary 1,424
individual involved in a case dealing with a denial of employment 1,425
of the applicant OR DEALING WITH EMPLOYMENT OR UNEMPLOYMENT
BENEFITS OF THE APPLICANT; 1,426
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT TO, 1,429
AND IN ACCORDANCE WITH, DIVISION (I)(1) OR (2) OF THIS SECTION. 1,431
(F) In accordance with section 3721.11 of the Revised 1,433
33
Code, the director of health shall adopt rules to implement this 1,434
section. The rules shall specify circumstances under which a 1,435
home or adult day-care program may employ a person who has been 1,436
convicted of or pleaded guilty to an offense listed or described 1,437
in division (C)(1) of this section but meets personal character 1,438
standards set by the director. 1,439
(G) The chief administrator of a home or adult day-care 1,441
program shall inform each individual, at the time of initial 1,442
application for a position that involves providing direct care to 1,443
an older adult, that the individual is required to provide a set 1,444
of fingerprint impressions and that a criminal records check is 1,445
required to be conducted if the individual comes under final 1,446
consideration for employment.
(H) In a tort or other civil action for damages that is 1,448
brought as the result of an injury, death, or loss to person or 1,449
property caused by an individual who a home or adult day-care 1,451
program employs in a position that involves providing direct care 1,452
to older adults, ALL OF the following shall apply: 1,453
(1) If the home or program employed the individual in good 1,455
faith and reasonable reliance on the report of a criminal records 1,456
check requested under this section, the home or program shall not 1,457
be found negligent solely because of its reliance on the report, 1,458
even if the information in the report is determined later to have 1,460
been incomplete or inaccurate;
(2) If the home or program employed the individual in good 1,462
faith on a conditional basis pursuant to division (C)(2) of this 1,463
section, the home or program shall not be found negligent solely 1,464
because it employed the individual prior to receiving the report 1,465
of a criminal records check requested under this section; 1,466
(3) If the home or program in good faith employed the 1,468
individual according to the personal character standards 1,470
established in rules adopted under division (F) of this section, 1,472
the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or 1,473
34
pleaded guilty to an offense listed or described in division 1,474
(C)(1) of this section. 1,475
(I)(1) The chief administrator OF A HOME OR ADULT DAY-CARE 1,477
PROGRAM is not required to request that the superintendent of the 1,479
bureau of criminal identification and investigation conduct a 1,480
criminal records check of an applicant if the applicant has been 1,481
referred to the home or adult day-care program by an employment 1,483
service that supplies full-time, part-time, or temporary staff 1,484
for positions involving the direct care of older adults and both 1,485
of the following apply:
(1)(a) The chief administrator receives from the 1,487
employment service or the applicant a report of the results of a 1,488
criminal records check regarding the applicant that has been 1,489
conducted by the superintendent within the one-year period 1,490
immediately preceding the applicant's referral; 1,491
(2)(b) The report of the criminal records check 1,493
demonstrates that the person has not been convicted of or pleaded 1,494
guilty to an offense listed or described in division (C)(1) of 1,495
this section, OR THE REPORT DEMONSTRATES THAT THE PERSON HAS BEEN 1,498
CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, 1,499
BUT THE HOME OR ADULT DAY-CARE PROGRAM CHOOSES TO EMPLOY THE 1,500
INDIVIDUAL PURSUANT TO DIVISION (F) OF THIS SECTION. 1,501
(2) THE CHIEF ADMINISTRATOR OF A HOME OR ADULT DAY-CARE 1,504
PROGRAM IS NOT REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE 1,505
BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A 1,506
CRIMINAL RECORDS CHECK OF AN APPLICANT AND MAY EMPLOY THE 1,507
APPLICANT CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE 1,508
APPLICANT HAS BEEN REFERRED TO THE HOME OR PROGRAM BY AN 1,509
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR 1,510
TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER 1,511
ADULTS AND IF THE CHIEF ADMINISTRATOR RECEIVES FROM THE 1,512
EMPLOYMENT SERVICE OR THE APPLICANT A LETTER FROM THE EMPLOYMENT 1,513
SERVICE THAT IS ON THE LETTERHEAD OF THE EMPLOYMENT SERVICE, 1,514
DATED, AND SIGNED BY A SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL 1,515
35
OF THE EMPLOYMENT SERVICE AND THAT STATES THAT THE EMPLOYMENT 1,516
SERVICE HAS REQUESTED THE SUPERINTENDENT TO CONDUCT A CRIMINAL 1,517
RECORDS CHECK REGARDING THE APPLICANT, THAT THE REQUESTED 1,518
CRIMINAL RECORDS CHECK WILL INCLUDE A DETERMINATION OF WHETHER 1,519
THE APPLICANT HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY 1,520
OFFENSE LISTED OR DESCRIBED IN DIVISION (C)(1) OF THIS SECTION, 1,521
THAT, AS OF THE DATE SET FORTH ON THE LETTER, THE EMPLOYMENT 1,523
SERVICE HAD NOT RECEIVED THE RESULTS OF THE CRIMINAL RECORDS 1,524
CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE RECEIVES THE RESULTS 1,525
OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A COPY OF 1,526
THE RESULTS TO THE HOME OR ADULT-CARE PROGRAM. IF A HOME OR 1,527
ADULT DAY-CARE PROGRAM EMPLOYS AN APPLICANT CONDITIONALLY IN 1,528
ACCORDANCE WITH THIS DIVISION, THE EMPLOYMENT SERVICE, UPON ITS 1,529
RECEIPT OF THE RESULTS OF THE CRIMINAL RECORDS CHECK, PROMPTLY 1,530
SHALL SEND A COPY OF THE RESULTS TO THE HOME OR ADULT DAY-CARE
PROGRAM, AND DIVISION (C)(2)(b) OF THIS SECTION APPLIES REGARDING 1,534
THE CONDITIONAL EMPLOYMENT. 1,535
Sec. 3722.151. (A) As used in this section: 1,544
(1) "Adult care facility" has the same meaning as in 1,546
section 3722.01 of the Revised Code. 1,547
(2) "Applicant" means a person who is under final 1,549
consideration for employment with an adult care facility in a 1,550
full-time, part-time, or temporary position that involves 1,552
providing direct care to an older adult. "Applicant" does not
include a person who provides direct care as a volunteer without 1,555
receiving or expecting to receive any form of remuneration other 1,556
than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the 1,558
same meanings as in section 109.572 of the Revised Code. 1,559
(B)(1) Except as provided in division (I) of this section, 1,562
the chief administrator of an adult care facility shall request 1,563
that the superintendent of the bureau of criminal identification 1,564
and investigation conduct a criminal records check with respect 1,565
to each applicant. If the AN applicant FOR WHOM A CRIMINAL 1,566
36
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION does not
present proof of having been a resident of this state for the 1,567
five-year period immediately prior to the date the criminal 1,568
records check is requested or provide evidence that within that 1,569
five-year period the superintendent has requested information 1,570
about the applicant from the federal bureau of investigation in a 1,571
criminal records check, the chief administrator shall request 1,572
that the superintendent obtain information from the federal 1,573
bureau of investigation as part of the criminal records check of 1,574
the applicant. Even if the AN applicant FOR WHOM A CRIMINAL 1,575
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION presents 1,576
proof of having been a resident of this state for the five-year 1,578
period, the chief administrator may request that the 1,579
superintendent include information from the federal bureau of 1,580
investigation in the criminal records check. 1,581
(2) A person required by division (B)(1) of this section 1,583
to request a criminal records check shall do both of the 1,584
following: 1,585
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS 1,587
CHECK REQUEST IS REQUIRED UNDER THAT DIVISION a copy of the form 1,588
prescribed pursuant to division (C)(1) of section 109.572 of the 1,589
Revised Code and a standard fingerprint impression sheet 1,590
prescribed pursuant to division (C)(2) of that section, and 1,591
obtain the completed form and impression sheet from the 1,592
applicant;
(b) Forward the completed form and impression sheet to the 1,594
superintendent of the bureau of criminal identification and 1,595
investigation. 1,596
(3) An applicant provided the form and fingerprint 1,598
impression sheet under division (B)(2)(a) of this section who 1,599
fails to complete the form or provide fingerprint impressions 1,600
shall not be employed in any position for which a criminal 1,601
records check is required by this section. 1,602
(C)(1) Except as provided in rules adopted by the public 1,604
37
health council in accordance with division (F) of this section 1,605
AND SUBJECT TO DIVISION (C)(2) OF THIS SECTION, no adult care 1,607
facility shall employ a person in a position that involves 1,608
providing direct care to an older adult if the person has been 1,609
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,611
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,612
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1,613
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,615
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,616
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1,617
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,618
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,619
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,620
(b) An A VIOLATION OF AN existing or former law of this 1,622
state, any other state, or the United States that is 1,624
substantially equivalent to any of the offenses listed in 1,625
division (C)(1)(a) of this section.
(2)(a) An adult care facility may employ CONDITIONALLY an 1,627
applicant conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST 1,629
IS REQUIRED UNDER DIVISION (B) OF THIS SECTION prior to obtaining 1,630
the results of a criminal records check regarding the individual. 1,632
The, PROVIDED THAT THE facility shall request a criminal records 1,634
check REGARDING THE INDIVIDUAL in accordance with division (B)(1) 1,635
of this section not later than five business days after the 1,636
individual begins conditional employment. The facility IN THE 1,637
CIRCUMSTANCES DESCRIBED IN DIVISION (I)(2) OF THIS SECTION, AN 1,638
ADULT CARE FACILITY MAY EMPLOY CONDITIONALLY AN APPLICANT WHO HAS 1,640
BEEN REFERRED TO THE ADULT CARE FACILITY BY AN EMPLOYMENT SERVICE 1,642
THAT SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR 1,643
POSITIONS INVOLVING THE DIRECT CARE OF OLDER ADULTS AND FOR WHOM, 1,644
PURSUANT TO THAT DIVISION, A CRIMINAL RECORDS CHECK IS NOT 1,645
REQUIRED UNDER DIVISION (B) OF THIS SECTION. 1,646
(b) AN ADULT CARE FACILITY THAT EMPLOYS AN INDIVIDUAL 1,649
38
CONDITIONALLY UNDER AUTHORITY OF DIVISION (C)(2)(a) OF THIS 1,650
SECTION shall terminate the individual's employment if the 1,651
results of the criminal records check REQUESTED UNDER DIVISION 1,652
(B) OF THIS SECTION OR DESCRIBED IN DIVISION (I)(2) OF THIS 1,653
SECTION, other than the results of any request for information 1,655
from the federal bureau of investigation, are not obtained within 1,656
the period ending sixty days after the date the request is made. 1,657
Regardless of when the results of the criminal records check are 1,658
obtained, if the results indicate that the individual has been 1,660
convicted of or pleaded guilty to any of the offenses listed or 1,661
described in division (C)(1) of this section, the facility shall 1,662
terminate the individual's employment unless the facility chooses 1,664
to employ the individual pursuant to division (F) of this 1,665
section. Termination of employment under this division shall be 1,666
considered just cause for discharge for purposes of division 1,667
(D)(2) of section 4141.29 of the Revised Code if the individual 1,670
makes any attempt to deceive the facility about the individual's 1,671
criminal record. 1,672
(D)(1) Each adult care facility shall pay to the bureau of 1,674
criminal identification and investigation the fee prescribed 1,675
pursuant to division (C)(3) of section 109.572 of the Revised 1,676
Code for each criminal records check conducted pursuant to A 1,677
REQUEST MADE UNDER DIVISION (B) OF this section. 1,679
(2) An adult care facility may charge an applicant a fee 1,681
not exceeding the amount the facility pays under division (D)(1) 1,682
of this section. A facility may collect a fee only if it 1,683
notifies the person at the time of initial application for 1,684
employment of the amount of the fee and that, unless the fee is 1,685
paid, the person will not be considered for employment. 1,686
(E) The report of any criminal records check conducted 1,688
pursuant to a request made under this section is not a public 1,689
record for the purposes of section 149.43 of the Revised Code and 1,690
shall not be made available to any person other than the 1,691
following:
39
(1) The individual who is the subject of the criminal 1,693
records check or the individual's representative; 1,694
(2) The chief administrator of the facility requesting the 1,697
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 1,699
program that provides direct care to older adults that is owned 1,700
or operated by the same entity that owns or operates the adult 1,701
care facility;
(4) A court, hearing officer, or other necessary 1,703
individual involved in a case dealing with a denial of employment 1,704
of the applicant OR DEALING WITH EMPLOYMENT OR UNEMPLOYMENT 1,705
BENEFITS OF THE APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT TO, 1,707
AND IN ACCORDANCE WITH, DIVISION (I)(1) OR (2) OF THIS SECTION. 1,708
(F) The public health council shall adopt rules in 1,710
accordance with Chapter 119. of the Revised Code to implement 1,711
this section. The rules shall specify circumstances under which 1,712
an adult care facility may employ a person who has been convicted 1,713
of or pleaded guilty to an offense listed or described in 1,714
division (C)(1) of this section but meets personal character 1,715
standards set by the council. 1,716
(G) The chief administrator of an adult care facility 1,718
shall inform each individual, at the time of initial application 1,719
for a position that involves providing direct care to an older 1,720
adult, that the individual is required to provide a set of 1,721
fingerprint impressions and that a criminal records check is 1,722
required to be conducted if the individual comes under final 1,723
consideration for employment.
(H) In a tort or other civil action for damages that is 1,725
brought as the result of an injury, death, or loss to person or 1,726
property caused by an individual who an adult care facility 1,727
employs in a position that involves providing direct care to 1,728
older adults, ALL OF the following shall apply: 1,730
(1) If the facility employed the individual in good faith 1,732
40
and reasonable reliance on the report of a criminal records check 1,734
requested under this section, the facility shall not be found 1,735
negligent solely because of its reliance on the report, even if 1,736
the information in the report is determined later to have been 1,737
incomplete or inaccurate;
(2) If the facility employed the individual in good faith 1,739
on a conditional basis pursuant to division (C)(2) of this 1,740
section, the facility shall not be found negligent solely because 1,741
it employed the individual prior to receiving the report of a 1,742
criminal records check requested under this section; 1,743
(3) If the facility in good faith employed the individual 1,745
according to the personal character standards established in 1,746
rules adopted under division (F) of this section, the facility 1,748
shall not be found negligent solely because the individual prior 1,749
to being employed had been convicted of or pleaded guilty to an 1,750
offense listed or described in division (C)(1) of this section. 1,751
(I)(1) The chief administrator OF AN ADULT CARE FACILITY 1,753
is not required to request that the superintendent of the bureau 1,755
of criminal identification and investigation conduct a criminal 1,756
records check of an applicant if the applicant has been referred 1,757
to the adult care facility by an employment service that supplies 1,758
full-time, part-time, or temporary staff for positions involving 1,759
the direct care of older adults and both of the following apply: 1,760
(1)(a) The chief administrator receives from the 1,762
employment service or the applicant a report of the results of a 1,763
criminal records check regarding the applicant that has been 1,764
conducted by the superintendent within the one-year period 1,765
immediately preceding the applicant's referral; 1,766
(2)(b) The report of the criminal records check 1,768
demonstrates that the person has not been convicted of or pleaded 1,769
guilty to an offense listed or described in division (C)(1) of 1,771
this section, OR THE REPORT DEMONSTRATES THAT THE PERSON HAS BEEN 1,772
CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES,
BUT THE ADULT CARE FACILITY CHOOSES TO EMPLOY THE INDIVIDUAL 1,773
41
PURSUANT TO DIVISION (F) OF THIS SECTION. 1,774
(2) THE CHIEF ADMINISTRATOR OF AN ADULT CARE FACILITY IS 1,777
NOT REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF 1,778
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL 1,779
RECORDS CHECK OF AN APPLICANT AND MAY EMPLOY THE APPLICANT 1,780
CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE APPLICANT HAS 1,782
BEEN REFERRED TO THE FACILITY BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS 1,783
INVOLVING THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF 1,784
ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT SERVICE OR THE 1,785
APPLICANT A LETTER FROM THE EMPLOYMENT SERVICE THAT IS ON THE 1,786
LETTERHEAD OF THE EMPLOYMENT SERVICE, DATED, AND SIGNED BY A 1,787
SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL OF THE EMPLOYMENT 1,788
SERVICE AND THAT STATES THAT THE EMPLOYMENT SERVICE HAS REQUESTED 1,790
THE SUPERINTENDENT TO CONDUCT A CRIMINAL RECORDS CHECK REGARDING 1,791
THE APPLICANT, THAT THE REQUESTED CRIMINAL RECORDS CHECK WILL 1,792
INCLUDE A DETERMINATION OF WHETHER THE APPLICANT HAS BEEN 1,793
CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE LISTED OR DESCRIBED 1,794
IN DIVISION (C)(1) OF THIS SECTION, THAT, AS OF THE DATE SET 1,796
FORTH ON THE LETTER, THE EMPLOYMENT SERVICE HAD NOT RECEIVED THE 1,797
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE 1,798
EMPLOYMENT SERVICE RECEIVES THE RESULTS OF THE CRIMINAL RECORDS 1,799
CHECK, IT PROMPTLY WILL SEND A COPY OF THE RESULTS TO THE ADULT 1,800
CARE FACILITY. IF AN ADULT CARE FACILITY EMPLOYS AN APPLICANT 1,802
CONDITIONALLY IN ACCORDANCE WITH THIS DIVISION, THE EMPLOYMENT
SERVICE, UPON ITS RECEIPT OF THE RESULTS OF THE CRIMINAL RECORDS 1,803
CHECK, PROMPTLY SHALL SEND A COPY OF THE RESULTS TO THE ADULT 1,804
CARE FACILITY, AND DIVISION (C)(2)(b) OF THIS SECTION APPLIES 1,807
REGARDING THE CONDITIONAL EMPLOYMENT. 1,808
Section 2. That existing sections 173.41, 3701.881, 1,810
3712.09, 3721.121, and 3722.151 of the Revised Code are hereby 1,811
repealed.