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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
      (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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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.                                                                    

                                                          10     


                                                                 
      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          

                                                          12     


                                                                 
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.                           

                                                          13     


                                                                 
      (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          

                                                          14     


                                                                 
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          

                                                          16     


                                                                 
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