As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 178 5
1999-2000 6
SENATORS SCHAFRATH-MUMPER-WHITE-DiDONATO 8
_________________________________________________________________ 10
A B I L L
To amend sections 3721.01, 3721.02, 3721.021, 12
3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 13
and to enact section 3721.051 of the Revised Code 14
to provide that a county home or district home
may be licensed as a residential care facility 15
and, if licensed, the laws and rules governing 16
residential care facilities apply to the home.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 3721.01, 3721.02, 3721.021, 20
3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 be amended and 21
section 3721.051 of the Revised Code be enacted to read as 22
follows:
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 31
and 3721.99 of the Revised Code: 32
(1)(a) "Home" means an institution, residence, or facility 34
that provides, for a period of more than twenty-four hours, 35
whether for a consideration or not, accommodations to three or 36
more unrelated individuals who are dependent upon the services of 37
others, including a nursing home, residential care facility, home 38
for the aging, and the Ohio veterans' home. 39
(b) "Home" also means any BOTH OF THE FOLLOWING: 41
(i) ANY facility that a person, as defined in section 43
3702.51 of the Revised Code, proposes for certification as a 44
skilled nursing facility or nursing facility under Title XVIII or 45
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 46
U.S.C.A. 301, as amended, and for which a certificate of need, 47
2
other than a certificate to recategorize hospital beds as 48
described in section 3702.522 of the Revised Code or division 49
(R)(7)(d) of the version of section 3702.51 of the Revised Code 50
in effect immediately prior to April 20, 1995, has been granted 51
to the person under sections 3702.51 to 3702.62 of the Revised 52
Code after August 5, 1989;
(ii) A COUNTY HOME OR DISTRICT HOME THAT IS OR HAS BEEN 54
LICENSED AS A RESIDENTIAL CARE FACILITY. 55
(c) "Home" does not mean any of the following: 57
(i) Except as provided in division (A)(1)(b) of this 59
section, a public hospital or hospital as defined in section 60
3701.01 or 5122.01 of the Revised Code; 61
(ii) A residential facility for mentally ill persons as 63
defined under section 5119.22 of the Revised Code; 64
(iii) A residential facility as defined in section 5123.19 66
of the Revised Code; 67
(iv) A habilitation center as defined in section 5123.041 69
of the Revised Code; 70
(v) A community alternative home as defined in section 72
3724.01 of the Revised Code; 73
(vi) An adult care facility as defined in section 3722.01 75
of the Revised Code; 76
(vii) An alcohol or drug addiction program as defined in 78
section 3793.01 of the Revised Code; 79
(viii) A facility licensed to provide methadone treatment 81
under section 3793.11 of the Revised Code; 82
(ix) A facility providing services under contract with the 84
department of mental retardation and developmental disabilities 85
under section 5123.18 of the Revised Code; 86
(x) A facility operated by a hospice care program licensed 88
under section 3712.04 of the Revised Code that is used 89
exclusively for care of hospice patients; 90
(xi) A facility, infirmary, or other entity that is 93
operated by a religious order, provides care exclusively to 94
3
members of religious orders who take vows of celibacy and live by 95
virtue of their vows within the orders as if related, and does 96
not participate in the medicare program established under Title 97
XVIII of the "Social Security Act" or the medical assistance 98
program established under Chapter 5111. of the Revised Code and 99
Title XIX of the "Social Security Act," if on January 1, 1994, 100
the facility, infirmary, or entity was providing care exclusively 101
to members of the religious order;
(xii) A COUNTY HOME OR DISTRICT HOME THAT HAS NEVER BEEN 103
LICENSED AS A RESIDENTIAL CARE FACILITY. 104
(2) "Unrelated individual" means one who is not related to 106
the owner or operator of a home or to the spouse of the owner or 108
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or 109
uncle.
(3) "Mental impairment" does not mean mental illness as 111
defined in section 5122.01 of the Revised Code or mental 112
retardation as defined in section 5123.01 of the Revised Code. 113
(4) "Skilled nursing care" means procedures that require 115
technical skills and knowledge beyond those the untrained person 116
possesses and that are commonly employed in providing for the 117
physical, mental, and emotional needs of the ill or otherwise 118
incapacitated. "Skilled nursing care" includes, but is not 119
limited to, the following: 120
(a) Irrigations, catheterizations, application of 122
dressings, and supervision of special diets; 123
(b) Objective observation of changes in the patient's 125
condition as a means of analyzing and determining the nursing 126
care required and the need for further medical diagnosis and 127
treatment; 128
(c) Special procedures contributing to rehabilitation; 130
(d) Administration of medication by any method ordered by 132
a physician, such as hypodermically, rectally, or orally, 133
including observation of the patient after receipt of the 134
4
medication; 135
(e) Carrying out other treatments prescribed by the 137
physician that involve a similar level of complexity and skill in 138
administration. 139
(5)(a) "Personal care services" means services including, 141
but not limited to, the following: 142
(i) Assisting residents with activities of daily living; 144
(ii) Assisting residents with self-administration of 146
medication, in accordance with rules adopted under section 147
3721.04 of the Revised Code; 148
(iii) Preparing special diets, other than complex 150
therapeutic diets, for residents pursuant to the instructions of 151
a physician or a licensed dietitian, in accordance with rules 152
adopted under section 3721.04 of the Revised Code. 153
(b) "Personal care services" does not include "skilled 155
nursing care" as defined in division (A)(4) of this section. A 156
facility need not provide more than one of the services listed in 157
division (A)(5)(a) of this section to be considered to be 158
providing personal care services. 159
(6) "Nursing home" means a home used for the reception and 161
care of individuals who by reason of illness or physical or 162
mental impairment require skilled nursing care and of individuals 163
who require personal care services but not skilled nursing care. 164
A nursing home is licensed to provide personal care services and 165
skilled nursing care. 166
(7) "Residential care facility" means a home that provides 168
either of the following: 169
(a) Accommodations for seventeen or more unrelated 171
individuals and supervision and personal care services for three 172
or more of those individuals who are dependent on the services of 173
others by reason of age or physical or mental impairment; 174
(b) Accommodations for three or more unrelated 176
individuals, supervision and personal care services for at least 177
three of those individuals who are dependent on the services of 178
5
others by reason of age or physical or mental impairment, and, to 179
at least one of those individuals, any of the skilled nursing 180
care authorized by section 3721.011 of the Revised Code. 181
(8) "Home for the aging" means a home that provides 183
services as a residential care facility and a nursing home, 184
except that the home provides its services only to individuals 185
who are dependent on the services of others by reason of both age 186
and physical or mental impairment.
The part or unit of a home for the aging that provides 188
services only as a residential care facility is licensed as a 189
residential care facility. The part or unit that may provide 190
skilled nursing care beyond the extent authorized by section 191
3721.011 of the Revised Code is licensed as a nursing home. 192
(9) "COUNTY HOME" AND "DISTRICT HOME" MEAN A COUNTY HOME 194
OR DISTRICT HOME OPERATED UNDER CHAPTER 5155. OF THE REVISED 196
CODE.
(B) The public health council may further classify homes. 198
For the purposes of this chapter, any residence, institution, 199
hotel, congregate housing project, or similar facility that meets 200
the definition of a home under this section is such a home 201
regardless of how the facility holds itself out to the public. 202
(C) For purposes of this chapter, personal care services 204
or skilled nursing care shall be considered to be provided by a 205
facility if they are provided by a person employed by or 206
associated with the facility or by another person pursuant to an 207
agreement to which neither the resident who receives the services 208
nor his THE RESIDENT'S sponsor is a party. 209
(D) Nothing in division (A)(4) of this section shall be 211
construed to permit skilled nursing care to be imposed on an 212
individual who does not require skilled nursing care. 213
Nothing in division (A)(5) of this section shall be 215
construed to permit personal care services to be imposed on an 216
individual who is capable of performing the activity in question 217
without assistance. 218
6
(E) Division (A)(1)(c)(xi) of this section does not 220
prohibit a facility, infirmary, or other entity described in that 221
division from seeking licensure under sections 3721.01 to 3721.09 223
of the Revised Code or certification under Title XVIII or XIX of 224
the "Social Security Act." However, such a facility, infirmary, 225
or entity that applies for licensure or certification must meet 226
the requirements of those sections or titles and the rules 227
adopted under them and obtain a certificate of need from the 228
director of health under section 3702.52 of the Revised Code. 229
(F) Nothing in this chapter, or rules adopted pursuant to 231
it, shall be construed as authorizing the supervision, 232
regulation, or control of the spiritual care or treatment of 233
residents or patients in any home who rely upon treatment by 234
prayer or spiritual means in accordance with the creed or tenets 235
of any recognized church or religious denomination. 236
Sec. 3721.02. The director of health shall license homes 245
and establish procedures to be followed in inspecting and 246
licensing homes. The director may inspect a home at any time. 247
Each home shall be inspected by the director at least once prior 248
to the issuance of a license and at least once every fifteen 249
months thereafter. The state fire marshal or a township, 250
municipal, or other legally constituted fire department approved 251
by the marshal shall also inspect a home prior to issuance of a 252
license, at least once every fifteen months thereafter, and at 253
any other time requested by the director. A home does not have 254
to be inspected prior to issuance of a license by the director, 255
state fire marshal, or a fire department if ownership of the home 256
is assigned or transferred to a different person and the home was 257
licensed under this chapter immediately prior to the assignment 258
or transfer. The director may enter at any time, for the 259
purposes of investigation, any institution, residence, facility, 260
or other structure which has been reported to the director or 261
that the director has reasonable cause to believe is operating as 262
a, nursing home, residential care facility, or home for the aging 264
7
without a valid license REQUIRED BY SECTION 3721.05 OF THE 265
REVISED CODE OR, IN THE CASE OF A COUNTY HOME OR DISTRICT HOME, 266
IS OPERATING DESPITE THE REVOCATION OF ITS RESIDENTIAL CARE 267
FACILITY LICENSE. The director may delegate his THE DIRECTOR'S 268
authority and duties under this chapter to any division, bureau, 271
agency, or official of the department of health. 272
A single facility may be licensed both as a nursing home 274
pursuant to this chapter and as an adult care facility pursuant 275
to Chapter 3722. of the Revised Code if the director determines 276
that the part or unit to be licensed as a nursing home can be 277
maintained separate and discrete from the part or unit to be 278
licensed as an adult care facility. 279
In determining the number of residents in a home for the 281
purpose of licensing, the director shall consider all the 282
individuals for whom the home provides accommodations as one 283
group unless one of the following is the case: 284
(A) The home is a home for the aging, in which case all 286
the individuals in the part or unit licensed as a nursing home 287
shall be considered as one group and all the individuals in the 288
part or unit licensed as a rest home shall be considered as 289
another group; 290
(B) The home is both a nursing home and an adult care 292
facility. In that case, all the individuals in the part or unit 293
licensed as a nursing home shall be considered as one group and 294
all the individuals in the part or unit licensed as an adult care 295
facility shall be considered as another group. 296
(C) The home maintains, in addition to a nursing home or 298
residential care facility, a separate and discrete part or unit 300
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care 301
services from the home, in which case the individuals in the 302
separate and discrete part or unit shall not be considered in 303
determining the number of residents in the home if the separate 304
and discrete part or unit is in compliance with the Ohio basic 305
8
building code established by the board of building standards 306
under Chapters 3781. and 3791. of the Revised Code and the home 307
permits the director, on request, to inspect the separate and 308
discrete part or unit and speak with the individuals residing 309
there, if they consent, to determine whether the separate and 310
discrete part or unit meets the requirements of this division. 311
The director of health shall charge an application fee and 313
an annual renewal licensing and inspection fee of one hundred 314
dollars for each fifty persons or part thereof of a home's 315
licensed capacity. All fees collected by the director for the 316
issuance or renewal of licenses shall be deposited into the state 317
treasury to the credit of the general operations fund created in 318
section 3701.83 of the Revised Code for use only in administering 319
and enforcing this chapter and rules adopted under it. 320
Sec. 3721.021. Every person who operates a home, as 329
defined in section 3721.01 of the Revised Code, AND EACH COUNTY 331
HOME AND DISTRICT HOME LICENSED AS A RESIDENTIAL CARE FACILITY 332
shall have available in the home for review by prospective 333
patients and residents, their guardians, or other persons
assisting in their placement, each inspection report completed 334
pursuant to section 3721.02 of the Revised Code and each 335
statement of deficiencies and plan of correction completed and 336
made available to the public under Titles XVIII and XIX of the 337
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 338
amended, and any rules promulgated under Titles XVIII and XIX,
including such reports that result from life safety code and 339
health inspections during the preceding three years, and shall 340
post prominently within the home a notice of this requirement. 341
Sec. 3721.03. The director of health shall enforce the 351
provisions of sections 3721.01 to 3721.09 and 3721.99 of the 352
Revised Code and may issue orders to secure compliance with the 353
provisions of these sections and the rules adopted under them. He 355
THE DIRECTOR may hold hearings, issue subpoenas, compel
testimony, and make adjudications. In the event the director 357
9
finds, upon hearing or opportunity afforded therefor, that any 358
person, firm, partnership, association, or corporation, COUNTY 359
HOME, OR DISTRICT HOME licensed under section 3721.07 of the 361
Revised Code is in violation of any of the provisions of Chapter 362
3721. of the Revised Code or rules adopted by the public health 363
council under it; is in violation of any order issued by the 364
director; is not, or any of its principals are not suitable, 365
morally or financially to operate such an institution; or is not 366
furnishing humane, kind, and adequate treatment and care, the 367
director may issue an order revoking the license previously 368
issued by him BY THE DIRECTOR. Upon the issuance of any order of 370
revocation, the person whose license is revoked, OR THE COUNTY
HOME OR DISTRICT HOME THAT HAS ITS LICENSE REVOKED, may appeal in 371
accordance with Chapter 119. of the Revised Code. 372
The state fire marshal shall enforce all statutes and rules 374
pertaining to fire safety in homes and shall adopt rules 375
pertaining to fire safety in homes as he THE MARSHAL determines 376
necessary. The rules adopted by the marshal shall be in addition 378
to those fire safety rules that the board of building standards 379
and the public health council are empowered to adopt and shall be 380
adopted prior to December 31, 1972. In the event of a dispute 381
between the marshal and another officer having responsibilities 382
under sections 3721.01 to 3721.09 of the Revised Code with 383
respect to the interpretation or application of a specific fire 384
safety statute or rule, the interpretation of the marshal shall 385
prevail.
If the ownership of a home is assigned or tranferred 387
TRANSFERRED to a different person, the new owner is responsible 388
and liable for compliance with any notice of proposed action or 389
order issued under this section in accordance with Chapter 119. 390
of the Revised Code prior to the effective date of the assignment 391
or transfer.
Sec. 3721.051. NO COUNTY HOME OR DISTRICT HOME LICENSED 393
UNDER SECTION 3721.07 OF THE REVISED CODE SHALL DO ANY OF THE 394
10
FOLLOWING: 395
(A) VIOLATE ANY OF THE CONDITIONS OR REQUIREMENTS 397
NECESSARY FOR LICENSING AFTER THE LICENSE HAS BEEN ISSUED; 398
(B) CONTINUE OPERATION AFTER ITS LICENSE HAS BEEN REVOKED 400
BY THE DIRECTOR OF HEALTH; 401
(C) FAIL TO BE OPEN FOR AN INSPECTION, OR INTERFERE WITH 403
AN INSPECTION, BY A STATE OR LOCAL OFFICIAL PERFORMING INSPECTION 404
DUTIES UNDER CHAPTER 3721. OF THE REVISED CODE; 405
(D) VIOLATE ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY 408
RULES ADOPTED THEREUNDER.
Sec. 3721.07. Every person desiring to operate a home AND 418
THE SUPERINTENDENT OR ADMINISTRATOR OF EACH COUNTY HOME OR
DISTRICT HOME FOR WHICH A LICENSE AS A RESIDENTIAL CARE FACILITY 419
IS SOUGHT shall apply for a license to the director of health. 420
The director shall issue a license for the home, if after 421
investigation of the applicant and, if required by section 422
3721.02 of the Revised Code, inspection of the home, the 423
following requirements or conditions are satisfied or complied 424
with: 425
(A) The applicant has not been convicted of a felony or a 427
crime involving moral turpitude; 428
(B) The applicant is not violating any of the rules made 430
by the public health council or any order issued by the director 431
of health; 432
(C) The buildings in which the home is housed have been 434
approved by the state fire marshal or a township, municipal, or 435
other legally constituted fire department approved by the 436
marshal. In the approval of a home such agencies shall apply 437
standards prescribed by the board of building standards, and by 438
the state fire marshal, and by section 3721.071 of the Revised 439
Code. 440
(D) The applicant, if it is an individual, or the 442
principal participants, if it is an association or a corporation, 443
is or are suitable financially and morally to operate a home; 444
11
(E) The applicant is equipped to furnish humane, kind, and 446
adequate treatment and care; 447
(F) The home does not maintain or contain: 449
(1) Facilities for the performance of major surgical 451
procedures; 452
(2) Facilities for providing therapeutic radiation; 454
(3) An emergency ward; 456
(4) A clinical laboratory unless it is under the 458
supervision of a clinical pathologist who is a licensed physician 459
in this state; 460
(5) Facilities for radiological examinations unless such 462
examinations are performed only by a person licensed to practice 463
medicine, surgery, or dentistry in this state. 464
(G) The home does not accept or treat outpatients, except 466
upon the written orders of a physician licensed in this state, 467
maternity cases, boarding children, and does not house transient 468
guests, other than participants in an adult day-care program, for 469
twenty-four hours or less; 470
(H) The home is in compliance with sections 3721.28 and 472
3721.29 of the Revised Code. 473
When the director issues a license, the license shall 475
remain in effect until revoked by the director or voided at the 476
request of the applicant; provided, there shall be an annual 477
renewal fee payable during the month of January of each calendar 478
year. Any licensed home that does not pay its renewal fee in 479
January shall pay, beginning the first day of February, a late 481
fee of one hundred dollars for each week or part thereof that the
renewal fee is not paid. If either the renewal fee or the late 482
fee is not paid by the fifteenth day of February, the director 484
may, in accordance with Chapter 119. of the Revised Code, revoke
the home's license. 485
A person whose license is revoked, AND A COUNTY HOME OR 487
DISTRICT HOME THAT HAS ITS LICENSE AS A RESIDENTIAL CARE FACILITY 488
REVOKED, for any reason other than nonpayment of the license 490
12
renewal fee or late fees may not apply for a new license under
this chapter until a period of one year following the date of 492
revocation has elapsed. 493
Any applicant who is denied a license may appeal in 495
accordance with Chapter 119. of the Revised Code. 496
Sec. 3721.08. (A) As used in this section, "real and 505
present danger" means imminent danger of serious physical or 506
life-threatening harm to one or more occupants of a home. 507
(B) The director of health may petition the court of 509
common pleas of the county in which the home is located for an 510
order enjoining any person from operating a home without a 511
license OR ENJOINING A COUNTY HOME OR DISTRICT HOME THAT HAS HAD 512
ITS LICENSE REVOKED FROM CONTINUING TO OPERATE. The court shall 513
have jurisdiction to grant such injunctive relief upon a showing 515
that the respondent named in the petition is operating a home 516
without a license OR THAT THE COUNTY HOME OR DISTRICT HOME NAMED 517
IN THE PETITION IS OPERATING DESPITE THE REVOCATION OF ITS
LICENSE. The court shall have jurisdiction to grant such 519
injunctive relief against the operation of a home without a VALID 520
license regardless of whether the home meets essential licensing 521
requirements.
(C) Unless the department of human services or contracting 523
agency has taken action under section 5111.51 of the Revised Code 524
to appoint a temporary manager or seek injunctive relief, if, in 525
the judgment of the director of health, real and present danger 526
exists at any home, the director may petition the court of common 527
pleas of the county in which the home is located for such 528
injunctive relief as is necessary to close the home, transfer one 529
or more occupants to other homes or other appropriate care 530
settings, or otherwise eliminate the real and present danger. The 532
court shall have the jurisdiction to grant such injunctive relief 533
upon a showing that there is real and present danger.
(D)(1) If the director determines that real and present 535
danger exists at a home and elects not to immediately seek 536
13
injunctive relief under division (C) of this section, he THE 537
DIRECTOR may give written notice of proposed action to the home. 539
The notice shall specify all of the following: 540
(a) The nature of the conditions giving rise to the real 542
and present danger; 543
(b) The measures that the director determines the home 545
must take to respond to the conditions; 546
(c) The date on which the director intends to seek 548
injunctive relief under division (C) of this section if he THE 549
DIRECTOR determines that real and present danger exists at the 551
home.
(2) If the home notifies the director, within the time 553
specified pursuant to division (D)(1)(c) of this section, that it 554
believes the conditions giving rise to the real and present 555
danger have been substantially corrected, the director shall 556
conduct an inspection to determine whether real and present 557
danger exists. If the director determines on the basis of the 558
inspection that real and present danger exists, he THE DIRECTOR 559
may petition under division (C) of this section for injunctive 561
relief.
(E)(1) If in the judgment of the director of health 563
conditions exist at a home that will give rise to real and 564
present danger if not corrected, the director shall give written 565
notice of proposed action to the home. The notice shall specify 566
all of the following: 567
(a) The nature of the conditions giving rise to the 569
director's judgment; 570
(b) The measures that the director determines the home 572
must take to respond to the conditions; 573
(c) The date, which shall be no less than ten days after 575
the notice is delivered, on which the director intends to seek 576
injunctive relief under division (C) of this section if the 577
conditions are not substantially corrected and he THE DIRECTOR 578
determines that a real and present danger exists. 580
14
(2) If the home notifies the director, within the period 582
of time specified pursuant to division (E)(1)(c) of this section, 583
that the conditions giving rise to the director's determination 584
have been substantially corrected, the director shall conduct an 585
inspection. If the director determines on the basis of the 586
inspection that the conditions have not been corrected and a real 587
and present danger exists, he THE DIRECTOR may petition under 588
division (C) of this section for injunctive relief. 590
(F)(1) A court that grants injunctive relief under 592
division (C) of this section may also appoint a special master 593
who, subject to division (F)(2) of this section, shall have such 594
powers and authority over the home and length of appointment as 595
the court considers necessary. Subject to division (F)(2) of 596
this section, the salary of a special master and any costs 597
incurred by a special master shall be the obligation of the home. 598
(2) No special master shall enter into any employment 600
contract on behalf of a home, or purchase with the home's funds 601
any capital goods totaling more than ten thousand dollars, unless 602
the special master has obtained approval for the contract or 603
purchase from the home's operator or the court. 604
(G) If the director takes action under division (C), (D), 606
or (E) of this section, he THE DIRECTOR may also appoint 607
employees of the department of health to conduct on-site 609
monitoring of the home. Appointment of monitors is not subject to 610
appeal under Chapter 119. or any other section of the Revised 611
Code. No employee of a home for which monitors are appointed, no 612
person employed by the home within the previous two years, and no 613
person who currently has a consulting contract with the 614
department or a home, shall be appointed under this division. 615
Every monitor shall have the professional qualifications 616
necessary to monitor correction of the conditions that give rise 617
to or, in the director's judgment, will give rise to real and 618
present danger. The number of monitors present at a home at any 619
given time shall not exceed one for every fifty residents, or 620
15
fraction thereof.
(H) On finding that the real and present danger for which 622
injunctive relief was granted under division (C) of this section 623
has been eliminated and that the home's operator has demonstrated 624
the capacity to prevent the real and present danger from 625
recurring, the court shall terminate its jurisdiction over the 626
home and return control and management of the home to the 627
operator. If the real and present danger cannot be eliminated 628
practicably within a reasonable time following appointment of a 629
special master, the court may order the special master to close 630
the home and transfer all residents to other homes or other 631
appropriate care settings. 632
(I) The director of health shall give notice of proposed 634
action under divisions (D) and (E) of this section to both of the 635
following: 636
(1) The home's administrator; 638
(2) If the home is operated by an organization described 640
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 641
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 642
1, as amended, the board of trustees of the organization; or, if 643
the home is not operated by such an organization, the owner of 644
the home. 645
Notices shall be delivered by certified mail or hand 647
delivery. If notices are mailed, they shall be addressed to the 648
persons specified in divisions (I)(1) and (2) of this section, as 649
indicated in the department of health's records. If they are 650
hand delivered, they shall be delivered to persons who would 651
reasonably appear to the average prudent person to have authority 652
to accept them. 653
(J) If ownership of a home is assigned or transferred to a 655
different person, the new owner is responsible and liable for 656
compliance with any notice of proposed action or order issued 657
under this section prior to the effective date of the assignment 658
or transfer. 659
16
Sec. 3721.09. Sections 3721.02, 3721.03, 3721.04, 3721.05, 668
3721.051, 3721.07, and 3721.08 of the Revised Code and the 670
regulations adopted pursuant thereto are not applicable in 671
political subdivisions which the the director of health, by 672
annual certification, determines have adopted and are enforcing 673
their own standards which are equal to or greater in their 674
requirements than those of sections 3721.02, 3721.03, 3721.04, 675
3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and 677
the regulations adopted pursuant thereto. Officials of political 678
subdivisions shall cooperate fully with the director and provide
him THE DIRECTOR with information which he THE DIRECTOR finds 680
necessary in order to make a determination. 681
Sec. 3721.99. (A) Whoever violates section 3721.021, 690
division (B), (D), or (E) of section 3721.05, DIVISION (A), (C), 692
OR (D) OF SECTION 3721.051, section 3721.06, division (A) of 693
section 3721.22, division (A) or (B) of section 3721.24, or 694
division (E) or (F) of section 3721.30 of the Revised Code shall 695
be fined one hundred dollars for a first offense. For each 696
subsequent offense, the violator shall be fined five hundred
dollars. 697
(B) Whoever violates division (A) or (C) of section 699
3721.05 OR DIVISION (B) OF SECTION 3721.051 of the Revised Code 701
shall be fined five thousand dollars for a first offense. For 702
each subsequent offense, the violator shall be fined ten thousand 703
dollars.
(C) Whoever violates division (D) of section 3721.031 or 705
division (E) of section 3721.22 of the Revised Code is guilty of 706
registering a false complaint, a misdemeanor of the first degree. 707
Section 2. That existing sections 3721.01, 3721.02, 709
3721.021, 3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 of the 710
Revised Code are hereby repealed. 711