As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session S. B. No. 178 6
1999-2000 7
SENATORS SCHAFRATH-MUMPER-WHITE-DiDONATO-DRAKE-HAGAN- 9
KEARNS-WACHTMANN 10
_________________________________________________________________ 12
A B I L L
To amend sections 3721.01, 3721.02, 3721.021, 14
3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 15
and to enact section 3721.051 of the Revised Code 16
to provide that a county home or district home
may be licensed as a residential care facility 17
and, if licensed, the laws and rules governing 18
residential care facilities apply to the home.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3721.01, 3721.02, 3721.021, 22
3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 be amended and 23
section 3721.051 of the Revised Code be enacted to read as 24
follows:
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 33
and 3721.99 of the Revised Code: 34
(1)(a) "Home" means an institution, residence, or facility 36
that provides, for a period of more than twenty-four hours, 37
whether for a consideration or not, accommodations to three or 38
more unrelated individuals who are dependent upon the services of 39
others, including a nursing home, residential care facility, home 40
for the aging, and the Ohio veterans' home. 41
(b) "Home" also means any BOTH OF THE FOLLOWING: 43
(i) ANY facility that a person, as defined in section 45
3702.51 of the Revised Code, proposes for certification as a 46
skilled nursing facility or nursing facility under Title XVIII or 47
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XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 48
U.S.C.A. 301, as amended, and for which a certificate of need, 49
other than a certificate to recategorize hospital beds as 50
described in section 3702.522 of the Revised Code or division 51
(R)(7)(d) of the version of section 3702.51 of the Revised Code 52
in effect immediately prior to April 20, 1995, has been granted 53
to the person under sections 3702.51 to 3702.62 of the Revised 54
Code after August 5, 1989;
(ii) A COUNTY HOME OR DISTRICT HOME THAT IS OR HAS BEEN 56
LICENSED AS A RESIDENTIAL CARE FACILITY. 57
(c) "Home" does not mean any of the following: 59
(i) Except as provided in division (A)(1)(b) of this 61
section, a public hospital or hospital as defined in section 62
3701.01 or 5122.01 of the Revised Code; 63
(ii) A residential facility for mentally ill persons as 65
defined under section 5119.22 of the Revised Code; 66
(iii) A residential facility as defined in section 5123.19 68
of the Revised Code; 69
(iv) A habilitation center as defined in section 5123.041 71
of the Revised Code; 72
(v) A community alternative home as defined in section 74
3724.01 of the Revised Code; 75
(vi) An adult care facility as defined in section 3722.01 77
of the Revised Code; 78
(vii) An alcohol or drug addiction program as defined in 80
section 3793.01 of the Revised Code; 81
(viii) A facility licensed to provide methadone treatment 83
under section 3793.11 of the Revised Code; 84
(ix) A facility providing services under contract with the 86
department of mental retardation and developmental disabilities 87
under section 5123.18 of the Revised Code; 88
(x) A facility operated by a hospice care program licensed 90
under section 3712.04 of the Revised Code that is used 91
exclusively for care of hospice patients; 92
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(xi) A facility, infirmary, or other entity that is 95
operated by a religious order, provides care exclusively to 96
members of religious orders who take vows of celibacy and live by 97
virtue of their vows within the orders as if related, and does 98
not participate in the medicare program established under Title 99
XVIII of the "Social Security Act" or the medical assistance 100
program established under Chapter 5111. of the Revised Code and 101
Title XIX of the "Social Security Act," if on January 1, 1994, 102
the facility, infirmary, or entity was providing care exclusively 103
to members of the religious order;
(xii) A COUNTY HOME OR DISTRICT HOME THAT HAS NEVER BEEN 105
LICENSED AS A RESIDENTIAL CARE FACILITY. 106
(2) "Unrelated individual" means one who is not related to 108
the owner or operator of a home or to the spouse of the owner or 110
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or 111
uncle.
(3) "Mental impairment" does not mean mental illness as 113
defined in section 5122.01 of the Revised Code or mental 114
retardation as defined in section 5123.01 of the Revised Code. 115
(4) "Skilled nursing care" means procedures that require 117
technical skills and knowledge beyond those the untrained person 118
possesses and that are commonly employed in providing for the 119
physical, mental, and emotional needs of the ill or otherwise 120
incapacitated. "Skilled nursing care" includes, but is not 121
limited to, the following: 122
(a) Irrigations, catheterizations, application of 124
dressings, and supervision of special diets; 125
(b) Objective observation of changes in the patient's 127
condition as a means of analyzing and determining the nursing 128
care required and the need for further medical diagnosis and 129
treatment; 130
(c) Special procedures contributing to rehabilitation; 132
(d) Administration of medication by any method ordered by 134
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a physician, such as hypodermically, rectally, or orally, 135
including observation of the patient after receipt of the 136
medication; 137
(e) Carrying out other treatments prescribed by the 139
physician that involve a similar level of complexity and skill in 140
administration. 141
(5)(a) "Personal care services" means services including, 143
but not limited to, the following: 144
(i) Assisting residents with activities of daily living; 146
(ii) Assisting residents with self-administration of 148
medication, in accordance with rules adopted under section 149
3721.04 of the Revised Code; 150
(iii) Preparing special diets, other than complex 152
therapeutic diets, for residents pursuant to the instructions of 153
a physician or a licensed dietitian, in accordance with rules 154
adopted under section 3721.04 of the Revised Code. 155
(b) "Personal care services" does not include "skilled 157
nursing care" as defined in division (A)(4) of this section. A 158
facility need not provide more than one of the services listed in 159
division (A)(5)(a) of this section to be considered to be 160
providing personal care services. 161
(6) "Nursing home" means a home used for the reception and 163
care of individuals who by reason of illness or physical or 164
mental impairment require skilled nursing care and of individuals 165
who require personal care services but not skilled nursing care. 166
A nursing home is licensed to provide personal care services and 167
skilled nursing care. 168
(7) "Residential care facility" means a home that provides 170
either of the following: 171
(a) Accommodations for seventeen or more unrelated 173
individuals and supervision and personal care services for three 174
or more of those individuals who are dependent on the services of 175
others by reason of age or physical or mental impairment; 176
(b) Accommodations for three or more unrelated 178
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individuals, supervision and personal care services for at least 179
three of those individuals who are dependent on the services of 180
others by reason of age or physical or mental impairment, and, to 181
at least one of those individuals, any of the skilled nursing 182
care authorized by section 3721.011 of the Revised Code. 183
(8) "Home for the aging" means a home that provides 185
services as a residential care facility and a nursing home, 186
except that the home provides its services only to individuals 187
who are dependent on the services of others by reason of both age 188
and physical or mental impairment.
The part or unit of a home for the aging that provides 190
services only as a residential care facility is licensed as a 191
residential care facility. The part or unit that may provide 192
skilled nursing care beyond the extent authorized by section 193
3721.011 of the Revised Code is licensed as a nursing home. 194
(9) "COUNTY HOME" AND "DISTRICT HOME" MEAN A COUNTY HOME 196
OR DISTRICT HOME OPERATED UNDER CHAPTER 5155. OF THE REVISED 198
CODE.
(B) The public health council may further classify homes. 200
For the purposes of this chapter, any residence, institution, 201
hotel, congregate housing project, or similar facility that meets 202
the definition of a home under this section is such a home 203
regardless of how the facility holds itself out to the public. 204
(C) For purposes of this chapter, personal care services 206
or skilled nursing care shall be considered to be provided by a 207
facility if they are provided by a person employed by or 208
associated with the facility or by another person pursuant to an 209
agreement to which neither the resident who receives the services 210
nor his THE RESIDENT'S sponsor is a party. 211
(D) Nothing in division (A)(4) of this section shall be 213
construed to permit skilled nursing care to be imposed on an 214
individual who does not require skilled nursing care. 215
Nothing in division (A)(5) of this section shall be 217
construed to permit personal care services to be imposed on an 218
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individual who is capable of performing the activity in question 219
without assistance. 220
(E) Division (A)(1)(c)(xi) of this section does not 222
prohibit a facility, infirmary, or other entity described in that 223
division from seeking licensure under sections 3721.01 to 3721.09 225
of the Revised Code or certification under Title XVIII or XIX of 226
the "Social Security Act." However, such a facility, infirmary, 227
or entity that applies for licensure or certification must meet 228
the requirements of those sections or titles and the rules 229
adopted under them and obtain a certificate of need from the 230
director of health under section 3702.52 of the Revised Code. 231
(F) Nothing in this chapter, or rules adopted pursuant to 233
it, shall be construed as authorizing the supervision, 234
regulation, or control of the spiritual care or treatment of 235
residents or patients in any home who rely upon treatment by 236
prayer or spiritual means in accordance with the creed or tenets 237
of any recognized church or religious denomination. 238
Sec. 3721.02. The director of health shall license homes 247
and establish procedures to be followed in inspecting and 248
licensing homes. The director may inspect a home at any time. 249
Each home shall be inspected by the director at least once prior 250
to the issuance of a license and at least once every fifteen 251
months thereafter. The state fire marshal or a township, 252
municipal, or other legally constituted fire department approved 253
by the marshal shall also inspect a home prior to issuance of a 254
license, at least once every fifteen months thereafter, and at 255
any other time requested by the director. A home does not have 256
to be inspected prior to issuance of a license by the director, 257
state fire marshal, or a fire department if ownership of the home 258
is assigned or transferred to a different person and the home was 259
licensed under this chapter immediately prior to the assignment 260
or transfer. The director may enter at any time, for the 261
purposes of investigation, any institution, residence, facility, 262
or other structure which has been reported to the director or 263
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that the director has reasonable cause to believe is operating as 264
a, nursing home, residential care facility, or home for the aging 266
without a valid license REQUIRED BY SECTION 3721.05 OF THE 267
REVISED CODE OR, IN THE CASE OF A COUNTY HOME OR DISTRICT HOME, 268
IS OPERATING DESPITE THE REVOCATION OF ITS RESIDENTIAL CARE 269
FACILITY LICENSE. The director may delegate his THE DIRECTOR'S 270
authority and duties under this chapter to any division, bureau, 273
agency, or official of the department of health. 274
A single facility may be licensed both as a nursing home 276
pursuant to this chapter and as an adult care facility pursuant 277
to Chapter 3722. of the Revised Code if the director determines 278
that the part or unit to be licensed as a nursing home can be 279
maintained separate and discrete from the part or unit to be 280
licensed as an adult care facility. 281
In determining the number of residents in a home for the 283
purpose of licensing, the director shall consider all the 284
individuals for whom the home provides accommodations as one 285
group unless one of the following is the case: 286
(A) The home is a home for the aging, in which case all 288
the individuals in the part or unit licensed as a nursing home 289
shall be considered as one group and all the individuals in the 290
part or unit licensed as a rest home shall be considered as 291
another group; 292
(B) The home is both a nursing home and an adult care 294
facility. In that case, all the individuals in the part or unit 295
licensed as a nursing home shall be considered as one group and 296
all the individuals in the part or unit licensed as an adult care 297
facility shall be considered as another group. 298
(C) The home maintains, in addition to a nursing home or 300
residential care facility, a separate and discrete part or unit 302
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care 303
services from the home, in which case the individuals in the 304
separate and discrete part or unit shall not be considered in 305
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determining the number of residents in the home if the separate 306
and discrete part or unit is in compliance with the Ohio basic 307
building code established by the board of building standards 308
under Chapters 3781. and 3791. of the Revised Code and the home 309
permits the director, on request, to inspect the separate and 310
discrete part or unit and speak with the individuals residing 311
there, if they consent, to determine whether the separate and 312
discrete part or unit meets the requirements of this division. 313
The director of health shall charge an application fee and 315
an annual renewal licensing and inspection fee of one hundred 316
dollars for each fifty persons or part thereof of a home's 317
licensed capacity. All fees collected by the director for the 318
issuance or renewal of licenses shall be deposited into the state 319
treasury to the credit of the general operations fund created in 320
section 3701.83 of the Revised Code for use only in administering 321
and enforcing this chapter and rules adopted under it. 322
Sec. 3721.021. Every person who operates a home, as 331
defined in section 3721.01 of the Revised Code, AND EACH COUNTY 333
HOME AND DISTRICT HOME LICENSED AS A RESIDENTIAL CARE FACILITY 334
shall have available in the home for review by prospective 335
patients and residents, their guardians, or other persons
assisting in their placement, each inspection report completed 336
pursuant to section 3721.02 of the Revised Code and each 337
statement of deficiencies and plan of correction completed and 338
made available to the public under Titles XVIII and XIX of the 339
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 340
amended, and any rules promulgated under Titles XVIII and XIX,
including such reports that result from life safety code and 341
health inspections during the preceding three years, and shall 342
post prominently within the home a notice of this requirement. 343
Sec. 3721.03. The director of health shall enforce the 353
provisions of sections 3721.01 to 3721.09 and 3721.99 of the 354
Revised Code and may issue orders to secure compliance with the 355
provisions of these sections and the rules adopted under them. He 357
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THE DIRECTOR may hold hearings, issue subpoenas, compel
testimony, and make adjudications. In the event the director 359
finds, upon hearing or opportunity afforded therefor, that any 360
person, firm, partnership, association, or corporation, COUNTY 361
HOME, OR DISTRICT HOME licensed under section 3721.07 of the 363
Revised Code is in violation of any of the provisions of Chapter 364
3721. of the Revised Code or rules adopted by the public health 365
council under it; is in violation of any order issued by the 366
director; is not, or any of its principals are not suitable, 367
morally or financially to operate such an institution; or is not 368
furnishing humane, kind, and adequate treatment and care, the 369
director may issue an order revoking the license previously 370
issued by him BY THE DIRECTOR. Upon the issuance of any order of 372
revocation, the person whose license is revoked, OR THE COUNTY
HOME OR DISTRICT HOME THAT HAS ITS LICENSE REVOKED, may appeal in 373
accordance with Chapter 119. of the Revised Code. 374
The state fire marshal shall enforce all statutes and rules 376
pertaining to fire safety in homes and shall adopt rules 377
pertaining to fire safety in homes as he THE MARSHAL determines 378
necessary. The rules adopted by the marshal shall be in addition 380
to those fire safety rules that the board of building standards 381
and the public health council are empowered to adopt and shall be 382
adopted prior to December 31, 1972. In the event of a dispute 383
between the marshal and another officer having responsibilities 384
under sections 3721.01 to 3721.09 of the Revised Code with 385
respect to the interpretation or application of a specific fire 386
safety statute or rule, the interpretation of the marshal shall 387
prevail.
If the ownership of a home is assigned or tranferred 389
TRANSFERRED to a different person, the new owner is responsible 390
and liable for compliance with any notice of proposed action or 391
order issued under this section in accordance with Chapter 119. 392
of the Revised Code prior to the effective date of the assignment 393
or transfer.
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Sec. 3721.051. NO COUNTY HOME OR DISTRICT HOME LICENSED 395
UNDER SECTION 3721.07 OF THE REVISED CODE SHALL DO ANY OF THE 396
FOLLOWING: 397
(A) VIOLATE ANY OF THE CONDITIONS OR REQUIREMENTS 399
NECESSARY FOR LICENSING AFTER THE LICENSE HAS BEEN ISSUED; 400
(B) CONTINUE OPERATION AFTER ITS LICENSE HAS BEEN REVOKED 402
BY THE DIRECTOR OF HEALTH; 403
(C) FAIL TO BE OPEN FOR AN INSPECTION, OR INTERFERE WITH 405
AN INSPECTION, BY A STATE OR LOCAL OFFICIAL PERFORMING INSPECTION 406
DUTIES UNDER CHAPTER 3721. OF THE REVISED CODE; 407
(D) VIOLATE ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY 410
RULES ADOPTED THEREUNDER.
Sec. 3721.07. Every person desiring to operate a home AND 420
THE SUPERINTENDENT OR ADMINISTRATOR OF EACH COUNTY HOME OR
DISTRICT HOME FOR WHICH A LICENSE AS A RESIDENTIAL CARE FACILITY 421
IS SOUGHT shall apply for a license to the director of health. 422
The director shall issue a license for the home, if after 423
investigation of the applicant and, if required by section 424
3721.02 of the Revised Code, inspection of the home, the 425
following requirements or conditions are satisfied or complied 426
with: 427
(A) The applicant has not been convicted of a felony or a 429
crime involving moral turpitude; 430
(B) The applicant is not violating any of the rules made 432
by the public health council or any order issued by the director 433
of health; 434
(C) The buildings in which the home is housed have been 436
approved by the state fire marshal or a township, municipal, or 437
other legally constituted fire department approved by the 438
marshal. In the approval of a home such agencies shall apply 439
standards prescribed by the board of building standards, and by 440
the state fire marshal, and by section 3721.071 of the Revised 441
Code. 442
(D) The applicant, if it is an individual, or the 444
11
principal participants, if it is an association or a corporation, 445
is or are suitable financially and morally to operate a home; 446
(E) The applicant is equipped to furnish humane, kind, and 448
adequate treatment and care; 449
(F) The home does not maintain or contain: 451
(1) Facilities for the performance of major surgical 453
procedures; 454
(2) Facilities for providing therapeutic radiation; 456
(3) An emergency ward; 458
(4) A clinical laboratory unless it is under the 460
supervision of a clinical pathologist who is a licensed physician 461
in this state; 462
(5) Facilities for radiological examinations unless such 464
examinations are performed only by a person licensed to practice 465
medicine, surgery, or dentistry in this state. 466
(G) The home does not accept or treat outpatients, except 468
upon the written orders of a physician licensed in this state, 469
maternity cases, boarding children, and does not house transient 470
guests, other than participants in an adult day-care program, for 471
twenty-four hours or less; 472
(H) The home is in compliance with sections 3721.28 and 474
3721.29 of the Revised Code. 475
When the director issues a license, the license shall 477
remain in effect until revoked by the director or voided at the 478
request of the applicant; provided, there shall be an annual 479
renewal fee payable during the month of January of each calendar 480
year. Any licensed home that does not pay its renewal fee in 481
January shall pay, beginning the first day of February, a late 483
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 484
fee is not paid by the fifteenth day of February, the director 486
may, in accordance with Chapter 119. of the Revised Code, revoke
the home's license. 487
A person whose license is revoked, AND A COUNTY HOME OR 489
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DISTRICT HOME THAT HAS ITS LICENSE AS A RESIDENTIAL CARE FACILITY 490
REVOKED, for any reason other than nonpayment of the license 492
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 494
revocation has elapsed. 495
Any applicant who is denied a license may appeal in 497
accordance with Chapter 119. of the Revised Code. 498
Sec. 3721.08. (A) As used in this section, "real and 507
present danger" means imminent danger of serious physical or 508
life-threatening harm to one or more occupants of a home. 509
(B) The director of health may petition the court of 511
common pleas of the county in which the home is located for an 512
order enjoining any person from operating a home without a 513
license OR ENJOINING A COUNTY HOME OR DISTRICT HOME THAT HAS HAD 514
ITS LICENSE REVOKED FROM CONTINUING TO OPERATE. The court shall 515
have jurisdiction to grant such injunctive relief upon a showing 517
that the respondent named in the petition is operating a home 518
without a license OR THAT THE COUNTY HOME OR DISTRICT HOME NAMED 519
IN THE PETITION IS OPERATING DESPITE THE REVOCATION OF ITS
LICENSE. The court shall have jurisdiction to grant such 521
injunctive relief against the operation of a home without a VALID 522
license regardless of whether the home meets essential licensing 523
requirements.
(C) Unless the department of human services or contracting 525
agency has taken action under section 5111.51 of the Revised Code 526
to appoint a temporary manager or seek injunctive relief, if, in 527
the judgment of the director of health, real and present danger 528
exists at any home, the director may petition the court of common 529
pleas of the county in which the home is located for such 530
injunctive relief as is necessary to close the home, transfer one 531
or more occupants to other homes or other appropriate care 532
settings, or otherwise eliminate the real and present danger. The 534
court shall have the jurisdiction to grant such injunctive relief 535
upon a showing that there is real and present danger.
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(D)(1) If the director determines that real and present 537
danger exists at a home and elects not to immediately seek 538
injunctive relief under division (C) of this section, he THE 539
DIRECTOR may give written notice of proposed action to the home. 541
The notice shall specify all of the following: 542
(a) The nature of the conditions giving rise to the real 544
and present danger; 545
(b) The measures that the director determines the home 547
must take to respond to the conditions; 548
(c) The date on which the director intends to seek 550
injunctive relief under division (C) of this section if he THE 551
DIRECTOR determines that real and present danger exists at the 553
home.
(2) If the home notifies the director, within the time 555
specified pursuant to division (D)(1)(c) of this section, that it 556
believes the conditions giving rise to the real and present 557
danger have been substantially corrected, the director shall 558
conduct an inspection to determine whether real and present 559
danger exists. If the director determines on the basis of the 560
inspection that real and present danger exists, he THE DIRECTOR 561
may petition under division (C) of this section for injunctive 563
relief.
(E)(1) If in the judgment of the director of health 565
conditions exist at a home that will give rise to real and 566
present danger if not corrected, the director shall give written 567
notice of proposed action to the home. The notice shall specify 568
all of the following: 569
(a) The nature of the conditions giving rise to the 571
director's judgment; 572
(b) The measures that the director determines the home 574
must take to respond to the conditions; 575
(c) The date, which shall be no less than ten days after 577
the notice is delivered, on which the director intends to seek 578
injunctive relief under division (C) of this section if the 579
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conditions are not substantially corrected and he THE DIRECTOR 580
determines that a real and present danger exists. 582
(2) If the home notifies the director, within the period 584
of time specified pursuant to division (E)(1)(c) of this section, 585
that the conditions giving rise to the director's determination 586
have been substantially corrected, the director shall conduct an 587
inspection. If the director determines on the basis of the 588
inspection that the conditions have not been corrected and a real 589
and present danger exists, he THE DIRECTOR may petition under 590
division (C) of this section for injunctive relief. 592
(F)(1) A court that grants injunctive relief under 594
division (C) of this section may also appoint a special master 595
who, subject to division (F)(2) of this section, shall have such 596
powers and authority over the home and length of appointment as 597
the court considers necessary. Subject to division (F)(2) of 598
this section, the salary of a special master and any costs 599
incurred by a special master shall be the obligation of the home. 600
(2) No special master shall enter into any employment 602
contract on behalf of a home, or purchase with the home's funds 603
any capital goods totaling more than ten thousand dollars, unless 604
the special master has obtained approval for the contract or 605
purchase from the home's operator or the court. 606
(G) If the director takes action under division (C), (D), 608
or (E) of this section, he THE DIRECTOR may also appoint 609
employees of the department of health to conduct on-site 611
monitoring of the home. Appointment of monitors is not subject to 612
appeal under Chapter 119. or any other section of the Revised 613
Code. No employee of a home for which monitors are appointed, no 614
person employed by the home within the previous two years, and no 615
person who currently has a consulting contract with the 616
department or a home, shall be appointed under this division. 617
Every monitor shall have the professional qualifications 618
necessary to monitor correction of the conditions that give rise 619
to or, in the director's judgment, will give rise to real and 620
15
present danger. The number of monitors present at a home at any 621
given time shall not exceed one for every fifty residents, or 622
fraction thereof.
(H) On finding that the real and present danger for which 624
injunctive relief was granted under division (C) of this section 625
has been eliminated and that the home's operator has demonstrated 626
the capacity to prevent the real and present danger from 627
recurring, the court shall terminate its jurisdiction over the 628
home and return control and management of the home to the 629
operator. If the real and present danger cannot be eliminated 630
practicably within a reasonable time following appointment of a 631
special master, the court may order the special master to close 632
the home and transfer all residents to other homes or other 633
appropriate care settings. 634
(I) The director of health shall give notice of proposed 636
action under divisions (D) and (E) of this section to both of the 637
following: 638
(1) The home's administrator; 640
(2) If the home is operated by an organization described 642
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 643
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 644
1, as amended, the board of trustees of the organization; or, if 645
the home is not operated by such an organization, the owner of 646
the home. 647
Notices shall be delivered by certified mail or hand 649
delivery. If notices are mailed, they shall be addressed to the 650
persons specified in divisions (I)(1) and (2) of this section, as 651
indicated in the department of health's records. If they are 652
hand delivered, they shall be delivered to persons who would 653
reasonably appear to the average prudent person to have authority 654
to accept them. 655
(J) If ownership of a home is assigned or transferred to a 657
different person, the new owner is responsible and liable for 658
compliance with any notice of proposed action or order issued 659
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under this section prior to the effective date of the assignment 660
or transfer. 661
Sec. 3721.09. Sections 3721.02, 3721.03, 3721.04, 3721.05, 670
3721.051, 3721.07, and 3721.08 of the Revised Code and the 672
regulations adopted pursuant thereto are not applicable in 673
political subdivisions which the the director of health, by 674
annual certification, determines have adopted and are enforcing 675
their own standards which are equal to or greater in their 676
requirements than those of sections 3721.02, 3721.03, 3721.04, 677
3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and 679
the regulations adopted pursuant thereto. Officials of political 680
subdivisions shall cooperate fully with the director and provide
him THE DIRECTOR with information which he THE DIRECTOR finds 682
necessary in order to make a determination. 683
Sec. 3721.99. (A) Whoever violates section 3721.021, 692
division (B), (D), or (E) of section 3721.05, DIVISION (A), (C), 694
OR (D) OF SECTION 3721.051, section 3721.06, division (A) of 695
section 3721.22, division (A) or (B) of section 3721.24, or 696
division (E) or (F) of section 3721.30 of the Revised Code shall 697
be fined one hundred dollars for a first offense. For each 698
subsequent offense, the violator shall be fined five hundred
dollars. 699
(B) Whoever violates division (A) or (C) of section 701
3721.05 OR DIVISION (B) OF SECTION 3721.051 of the Revised Code 703
shall be fined five thousand dollars for a first offense. For 704
each subsequent offense, the violator shall be fined ten thousand 705
dollars.
(C) Whoever violates division (D) of section 3721.031 or 707
division (E) of section 3721.22 of the Revised Code is guilty of 708
registering a false complaint, a misdemeanor of the first degree. 709
Section 2. That existing sections 3721.01, 3721.02, 711
3721.021, 3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 of the 712
Revised Code are hereby repealed. 713