As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 178 5
1999-2000 6
SENATORS SCHAFRATH-MUMPER-WHITE-DiDONATO-DRAKE-HAGAN- 8
KEARNS-WACHTMANN-WATTS-CARNES 9
_________________________________________________________________ 11
A B I L L
To amend sections 3721.01, 3721.02, 3721.021, 13
3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 14
and to enact section 3721.051 of the Revised Code 15
to provide that a county home or district home
may be licensed as a residential care facility 16
and, if licensed, the laws and rules governing 17
residential care facilities apply to the home.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 3721.01, 3721.02, 3721.021, 21
3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 be amended and 22
section 3721.051 of the Revised Code be enacted to read as 23
follows:
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 32
and 3721.99 of the Revised Code: 33
(1)(a) "Home" means an institution, residence, or facility 35
that provides, for a period of more than twenty-four hours, 36
whether for a consideration or not, accommodations to three or 37
more unrelated individuals who are dependent upon the services of 38
others, including a nursing home, residential care facility, home 39
for the aging, and the Ohio veterans' home. 40
(b) "Home" also means any BOTH OF THE FOLLOWING: 42
(i) ANY facility that a person, as defined in section 44
3702.51 of the Revised Code, proposes for certification as a 45
skilled nursing facility or nursing facility under Title XVIII or 46
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 47
2
U.S.C.A. 301, as amended, and for which a certificate of need, 48
other than a certificate to recategorize hospital beds as 49
described in section 3702.522 of the Revised Code or division 50
(R)(7)(d) of the version of section 3702.51 of the Revised Code 51
in effect immediately prior to April 20, 1995, has been granted 52
to the person under sections 3702.51 to 3702.62 of the Revised 53
Code after August 5, 1989;
(ii) A COUNTY HOME OR DISTRICT HOME THAT IS OR HAS BEEN 55
LICENSED AS A RESIDENTIAL CARE FACILITY. 56
(c) "Home" does not mean any of the following: 58
(i) Except as provided in division (A)(1)(b) of this 60
section, a public hospital or hospital as defined in section 61
3701.01 or 5122.01 of the Revised Code; 62
(ii) A residential facility for mentally ill persons as 64
defined under section 5119.22 of the Revised Code; 65
(iii) A residential facility as defined in section 5123.19 67
of the Revised Code; 68
(iv) A habilitation center as defined in section 5123.041 70
of the Revised Code; 71
(v) A community alternative home as defined in section 73
3724.01 of the Revised Code; 74
(vi) An adult care facility as defined in section 3722.01 76
of the Revised Code; 77
(vii) An alcohol or drug addiction program as defined in 79
section 3793.01 of the Revised Code; 80
(viii) A facility licensed to provide methadone treatment 82
under section 3793.11 of the Revised Code; 83
(ix) A facility providing services under contract with the 85
department of mental retardation and developmental disabilities 86
under section 5123.18 of the Revised Code; 87
(x) A facility operated by a hospice care program licensed 89
under section 3712.04 of the Revised Code that is used 90
exclusively for care of hospice patients; 91
(xi) A facility, infirmary, or other entity that is 94
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operated by a religious order, provides care exclusively to 95
members of religious orders who take vows of celibacy and live by 96
virtue of their vows within the orders as if related, and does 97
not participate in the medicare program established under Title 98
XVIII of the "Social Security Act" or the medical assistance 99
program established under Chapter 5111. of the Revised Code and 100
Title XIX of the "Social Security Act," if on January 1, 1994, 101
the facility, infirmary, or entity was providing care exclusively 102
to members of the religious order;
(xii) A COUNTY HOME OR DISTRICT HOME THAT HAS NEVER BEEN 104
LICENSED AS A RESIDENTIAL CARE FACILITY. 105
(2) "Unrelated individual" means one who is not related to 107
the owner or operator of a home or to the spouse of the owner or 109
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or 110
uncle.
(3) "Mental impairment" does not mean mental illness as 112
defined in section 5122.01 of the Revised Code or mental 113
retardation as defined in section 5123.01 of the Revised Code. 114
(4) "Skilled nursing care" means procedures that require 116
technical skills and knowledge beyond those the untrained person 117
possesses and that are commonly employed in providing for the 118
physical, mental, and emotional needs of the ill or otherwise 119
incapacitated. "Skilled nursing care" includes, but is not 120
limited to, the following: 121
(a) Irrigations, catheterizations, application of 123
dressings, and supervision of special diets; 124
(b) Objective observation of changes in the patient's 126
condition as a means of analyzing and determining the nursing 127
care required and the need for further medical diagnosis and 128
treatment; 129
(c) Special procedures contributing to rehabilitation; 131
(d) Administration of medication by any method ordered by 133
a physician, such as hypodermically, rectally, or orally, 134
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including observation of the patient after receipt of the 135
medication; 136
(e) Carrying out other treatments prescribed by the 138
physician that involve a similar level of complexity and skill in 139
administration. 140
(5)(a) "Personal care services" means services including, 142
but not limited to, the following: 143
(i) Assisting residents with activities of daily living; 145
(ii) Assisting residents with self-administration of 147
medication, in accordance with rules adopted under section 148
3721.04 of the Revised Code; 149
(iii) Preparing special diets, other than complex 151
therapeutic diets, for residents pursuant to the instructions of 152
a physician or a licensed dietitian, in accordance with rules 153
adopted under section 3721.04 of the Revised Code. 154
(b) "Personal care services" does not include "skilled 156
nursing care" as defined in division (A)(4) of this section. A 157
facility need not provide more than one of the services listed in 158
division (A)(5)(a) of this section to be considered to be 159
providing personal care services. 160
(6) "Nursing home" means a home used for the reception and 162
care of individuals who by reason of illness or physical or 163
mental impairment require skilled nursing care and of individuals 164
who require personal care services but not skilled nursing care. 165
A nursing home is licensed to provide personal care services and 166
skilled nursing care. 167
(7) "Residential care facility" means a home that provides 169
either of the following: 170
(a) Accommodations for seventeen or more unrelated 172
individuals and supervision and personal care services for three 173
or more of those individuals who are dependent on the services of 174
others by reason of age or physical or mental impairment; 175
(b) Accommodations for three or more unrelated 177
individuals, supervision and personal care services for at least 178
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three of those individuals who are dependent on the services of 179
others by reason of age or physical or mental impairment, and, to 180
at least one of those individuals, any of the skilled nursing 181
care authorized by section 3721.011 of the Revised Code. 182
(8) "Home for the aging" means a home that provides 184
services as a residential care facility and a nursing home, 185
except that the home provides its services only to individuals 186
who are dependent on the services of others by reason of both age 187
and physical or mental impairment.
The part or unit of a home for the aging that provides 189
services only as a residential care facility is licensed as a 190
residential care facility. The part or unit that may provide 191
skilled nursing care beyond the extent authorized by section 192
3721.011 of the Revised Code is licensed as a nursing home. 193
(9) "COUNTY HOME" AND "DISTRICT HOME" MEAN A COUNTY HOME 195
OR DISTRICT HOME OPERATED UNDER CHAPTER 5155. OF THE REVISED 197
CODE.
(B) The public health council may further classify homes. 199
For the purposes of this chapter, any residence, institution, 200
hotel, congregate housing project, or similar facility that meets 201
the definition of a home under this section is such a home 202
regardless of how the facility holds itself out to the public. 203
(C) For purposes of this chapter, personal care services 205
or skilled nursing care shall be considered to be provided by a 206
facility if they are provided by a person employed by or 207
associated with the facility or by another person pursuant to an 208
agreement to which neither the resident who receives the services 209
nor his THE RESIDENT'S sponsor is a party. 210
(D) Nothing in division (A)(4) of this section shall be 212
construed to permit skilled nursing care to be imposed on an 213
individual who does not require skilled nursing care. 214
Nothing in division (A)(5) of this section shall be 216
construed to permit personal care services to be imposed on an 217
individual who is capable of performing the activity in question 218
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without assistance. 219
(E) Division (A)(1)(c)(xi) of this section does not 221
prohibit a facility, infirmary, or other entity described in that 222
division from seeking licensure under sections 3721.01 to 3721.09 224
of the Revised Code or certification under Title XVIII or XIX of 225
the "Social Security Act." However, such a facility, infirmary, 226
or entity that applies for licensure or certification must meet 227
the requirements of those sections or titles and the rules 228
adopted under them and obtain a certificate of need from the 229
director of health under section 3702.52 of the Revised Code. 230
(F) Nothing in this chapter, or rules adopted pursuant to 232
it, shall be construed as authorizing the supervision, 233
regulation, or control of the spiritual care or treatment of 234
residents or patients in any home who rely upon treatment by 235
prayer or spiritual means in accordance with the creed or tenets 236
of any recognized church or religious denomination. 237
Sec. 3721.02. The director of health shall license homes 246
and establish procedures to be followed in inspecting and 247
licensing homes. The director may inspect a home at any time. 248
Each home shall be inspected by the director at least once prior 249
to the issuance of a license and at least once every fifteen 250
months thereafter. The state fire marshal or a township, 251
municipal, or other legally constituted fire department approved 252
by the marshal shall also inspect a home prior to issuance of a 253
license, at least once every fifteen months thereafter, and at 254
any other time requested by the director. A home does not have 255
to be inspected prior to issuance of a license by the director, 256
state fire marshal, or a fire department if ownership of the home 257
is assigned or transferred to a different person and the home was 258
licensed under this chapter immediately prior to the assignment 259
or transfer. The director may enter at any time, for the 260
purposes of investigation, any institution, residence, facility, 261
or other structure which has been reported to the director or 262
that the director has reasonable cause to believe is operating as 263
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a, nursing home, residential care facility, or home for the aging 265
without a valid license REQUIRED BY SECTION 3721.05 OF THE 266
REVISED CODE OR, IN THE CASE OF A COUNTY HOME OR DISTRICT HOME, 267
IS OPERATING DESPITE THE REVOCATION OF ITS RESIDENTIAL CARE 268
FACILITY LICENSE. The director may delegate his THE DIRECTOR'S 269
authority and duties under this chapter to any division, bureau, 272
agency, or official of the department of health. 273
A single facility may be licensed both as a nursing home 275
pursuant to this chapter and as an adult care facility pursuant 276
to Chapter 3722. of the Revised Code if the director determines 277
that the part or unit to be licensed as a nursing home can be 278
maintained separate and discrete from the part or unit to be 279
licensed as an adult care facility. 280
In determining the number of residents in a home for the 282
purpose of licensing, the director shall consider all the 283
individuals for whom the home provides accommodations as one 284
group unless one of the following is the case: 285
(A) The home is a home for the aging, in which case all 287
the individuals in the part or unit licensed as a nursing home 288
shall be considered as one group and all the individuals in the 289
part or unit licensed as a rest home shall be considered as 290
another group; 291
(B) The home is both a nursing home and an adult care 293
facility. In that case, all the individuals in the part or unit 294
licensed as a nursing home shall be considered as one group and 295
all the individuals in the part or unit licensed as an adult care 296
facility shall be considered as another group. 297
(C) The home maintains, in addition to a nursing home or 299
residential care facility, a separate and discrete part or unit 301
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care 302
services from the home, in which case the individuals in the 303
separate and discrete part or unit shall not be considered in 304
determining the number of residents in the home if the separate 305
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and discrete part or unit is in compliance with the Ohio basic 306
building code established by the board of building standards 307
under Chapters 3781. and 3791. of the Revised Code and the home 308
permits the director, on request, to inspect the separate and 309
discrete part or unit and speak with the individuals residing 310
there, if they consent, to determine whether the separate and 311
discrete part or unit meets the requirements of this division. 312
The director of health shall charge an application fee and 314
an annual renewal licensing and inspection fee of one hundred 315
dollars for each fifty persons or part thereof of a home's 316
licensed capacity. All fees collected by the director for the 317
issuance or renewal of licenses shall be deposited into the state 318
treasury to the credit of the general operations fund created in 319
section 3701.83 of the Revised Code for use only in administering 320
and enforcing this chapter and rules adopted under it. 321
Sec. 3721.021. Every person who operates a home, as 330
defined in section 3721.01 of the Revised Code, AND EACH COUNTY 332
HOME AND DISTRICT HOME LICENSED AS A RESIDENTIAL CARE FACILITY 333
shall have available in the home for review by prospective 334
patients and residents, their guardians, or other persons
assisting in their placement, each inspection report completed 335
pursuant to section 3721.02 of the Revised Code and each 336
statement of deficiencies and plan of correction completed and 337
made available to the public under Titles XVIII and XIX of the 338
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 339
amended, and any rules promulgated under Titles XVIII and XIX,
including such reports that result from life safety code and 340
health inspections during the preceding three years, and shall 341
post prominently within the home a notice of this requirement. 342
Sec. 3721.03. The director of health shall enforce the 352
provisions of sections 3721.01 to 3721.09 and 3721.99 of the 353
Revised Code and may issue orders to secure compliance with the 354
provisions of these sections and the rules adopted under them. He 356
THE DIRECTOR may hold hearings, issue subpoenas, compel
9
testimony, and make adjudications. In the event the director 358
finds, upon hearing or opportunity afforded therefor, that any 359
person, firm, partnership, association, or corporation, COUNTY 360
HOME, OR DISTRICT HOME licensed under section 3721.07 of the 362
Revised Code is in violation of any of the provisions of Chapter 363
3721. of the Revised Code or rules adopted by the public health 364
council under it; is in violation of any order issued by the 365
director; is not, or any of its principals are not suitable, 366
morally or financially to operate such an institution; or is not 367
furnishing humane, kind, and adequate treatment and care, the 368
director may issue an order revoking the license previously 369
issued by him THE DIRECTOR. Upon the issuance of any order of 371
revocation, the person whose license is revoked, OR THE COUNTY
HOME OR DISTRICT HOME THAT HAS ITS LICENSE REVOKED, may appeal in 372
accordance with Chapter 119. of the Revised Code. 373
The state fire marshal shall enforce all statutes and rules 375
pertaining to fire safety in homes and shall adopt rules 376
pertaining to fire safety in homes as he THE MARSHAL determines 377
necessary. The rules adopted by the marshal shall be in addition 379
to those fire safety rules that the board of building standards 380
and the public health council are empowered to adopt and shall be 381
adopted prior to December 31, 1972. In the event of a dispute 382
between the marshal and another officer having responsibilities 383
under sections 3721.01 to 3721.09 of the Revised Code with 384
respect to the interpretation or application of a specific fire 385
safety statute or rule, the interpretation of the marshal shall 386
prevail.
If the ownership of a home is assigned or tranferred 388
TRANSFERRED to a different person, the new owner is responsible 389
and liable for compliance with any notice of proposed action or 390
order issued under this section in accordance with Chapter 119. 391
of the Revised Code prior to the effective date of the assignment 392
or transfer.
Sec. 3721.051. NO COUNTY HOME OR DISTRICT HOME LICENSED 394
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UNDER SECTION 3721.07 OF THE REVISED CODE SHALL DO ANY OF THE 395
FOLLOWING: 396
(A) VIOLATE ANY OF THE CONDITIONS OR REQUIREMENTS 398
NECESSARY FOR LICENSING AFTER THE LICENSE HAS BEEN ISSUED; 399
(B) CONTINUE OPERATION AFTER ITS LICENSE HAS BEEN REVOKED 401
BY THE DIRECTOR OF HEALTH; 402
(C) FAIL TO BE OPEN FOR AN INSPECTION, OR INTERFERE WITH 404
AN INSPECTION, BY A STATE OR LOCAL OFFICIAL PERFORMING INSPECTION 405
DUTIES UNDER CHAPTER 3721. OF THE REVISED CODE; 406
(D) VIOLATE ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY 409
RULES ADOPTED THEREUNDER.
Sec. 3721.07. Every person desiring to operate a home AND 419
THE SUPERINTENDENT OR ADMINISTRATOR OF EACH COUNTY HOME OR
DISTRICT HOME FOR WHICH A LICENSE AS A RESIDENTIAL CARE FACILITY 420
IS SOUGHT shall apply for a license to the director of health. 421
The director shall issue a license for the home, if after 422
investigation of the applicant and, if required by section 423
3721.02 of the Revised Code, inspection of the home, the 424
following requirements or conditions are satisfied or complied 425
with: 426
(A) The applicant has not been convicted of a felony or a 428
crime involving moral turpitude; 429
(B) The applicant is not violating any of the rules made 431
by the public health council or any order issued by the director 432
of health; 433
(C) The buildings in which the home is housed have been 435
approved by the state fire marshal or a township, municipal, or 436
other legally constituted fire department approved by the 437
marshal. In the approval of a home such agencies shall apply 438
standards prescribed by the board of building standards, and by 439
the state fire marshal, and by section 3721.071 of the Revised 440
Code. 441
(D) The applicant, if it is an individual, or the 443
principal participants, if it is an association or a corporation, 444
11
is or are suitable financially and morally to operate a home; 445
(E) The applicant is equipped to furnish humane, kind, and 447
adequate treatment and care; 448
(F) The home does not maintain or contain: 450
(1) Facilities for the performance of major surgical 452
procedures; 453
(2) Facilities for providing therapeutic radiation; 455
(3) An emergency ward; 457
(4) A clinical laboratory unless it is under the 459
supervision of a clinical pathologist who is a licensed physician 460
in this state; 461
(5) Facilities for radiological examinations unless such 463
examinations are performed only by a person licensed to practice 464
medicine, surgery, or dentistry in this state. 465
(G) The home does not accept or treat outpatients, except 467
upon the written orders of a physician licensed in this state, 468
maternity cases, boarding children, and does not house transient 469
guests, other than participants in an adult day-care program, for 470
twenty-four hours or less; 471
(H) The home is in compliance with sections 3721.28 and 473
3721.29 of the Revised Code. 474
When the director issues a license, the license shall 476
remain in effect until revoked by the director or voided at the 477
request of the applicant; provided, there shall be an annual 478
renewal fee payable during the month of January of each calendar 479
year. Any licensed home that does not pay its renewal fee in 480
January shall pay, beginning the first day of February, a late 482
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 483
fee is not paid by the fifteenth day of February, the director 485
may, in accordance with Chapter 119. of the Revised Code, revoke
the home's license. 486
A person whose license is revoked, AND A COUNTY HOME OR 488
DISTRICT HOME THAT HAS ITS LICENSE AS A RESIDENTIAL CARE FACILITY 489
12
REVOKED, for any reason other than nonpayment of the license 491
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 493
revocation has elapsed. 494
Any applicant who is denied a license may appeal in 496
accordance with Chapter 119. of the Revised Code. 497
Sec. 3721.08. (A) As used in this section, "real and 506
present danger" means imminent danger of serious physical or 507
life-threatening harm to one or more occupants of a home. 508
(B) The director of health may petition the court of 510
common pleas of the county in which the home is located for an 511
order enjoining any person from operating a home without a 512
license OR ENJOINING A COUNTY HOME OR DISTRICT HOME THAT HAS HAD 513
ITS LICENSE REVOKED FROM CONTINUING TO OPERATE. The court shall 514
have jurisdiction to grant such injunctive relief upon a showing 516
that the respondent named in the petition is operating a home 517
without a license OR THAT THE COUNTY HOME OR DISTRICT HOME NAMED 518
IN THE PETITION IS OPERATING DESPITE THE REVOCATION OF ITS
LICENSE. The court shall have jurisdiction to grant such 520
injunctive relief against the operation of a home without a VALID 521
license regardless of whether the home meets essential licensing 522
requirements.
(C) Unless the department of human services or contracting 524
agency has taken action under section 5111.51 of the Revised Code 525
to appoint a temporary manager or seek injunctive relief, if, in 526
the judgment of the director of health, real and present danger 527
exists at any home, the director may petition the court of common 528
pleas of the county in which the home is located for such 529
injunctive relief as is necessary to close the home, transfer one 530
or more occupants to other homes or other appropriate care 531
settings, or otherwise eliminate the real and present danger. The 533
court shall have the jurisdiction to grant such injunctive relief 534
upon a showing that there is real and present danger.
(D)(1) If the director determines that real and present 536
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danger exists at a home and elects not to immediately seek 537
injunctive relief under division (C) of this section, he THE 538
DIRECTOR may give written notice of proposed action to the home. 540
The notice shall specify all of the following: 541
(a) The nature of the conditions giving rise to the real 543
and present danger; 544
(b) The measures that the director determines the home 546
must take to respond to the conditions; 547
(c) The date on which the director intends to seek 549
injunctive relief under division (C) of this section if he THE 550
DIRECTOR determines that real and present danger exists at the 552
home.
(2) If the home notifies the director, within the time 554
specified pursuant to division (D)(1)(c) of this section, that it 555
believes the conditions giving rise to the real and present 556
danger have been substantially corrected, the director shall 557
conduct an inspection to determine whether real and present 558
danger exists. If the director determines on the basis of the 559
inspection that real and present danger exists, he THE DIRECTOR 560
may petition under division (C) of this section for injunctive 562
relief.
(E)(1) If in the judgment of the director of health 564
conditions exist at a home that will give rise to real and 565
present danger if not corrected, the director shall give written 566
notice of proposed action to the home. The notice shall specify 567
all of the following: 568
(a) The nature of the conditions giving rise to the 570
director's judgment; 571
(b) The measures that the director determines the home 573
must take to respond to the conditions; 574
(c) The date, which shall be no less than ten days after 576
the notice is delivered, on which the director intends to seek 577
injunctive relief under division (C) of this section if the 578
conditions are not substantially corrected and he THE DIRECTOR 579
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determines that a real and present danger exists. 581
(2) If the home notifies the director, within the period 583
of time specified pursuant to division (E)(1)(c) of this section, 584
that the conditions giving rise to the director's determination 585
have been substantially corrected, the director shall conduct an 586
inspection. If the director determines on the basis of the 587
inspection that the conditions have not been corrected and a real 588
and present danger exists, he THE DIRECTOR may petition under 589
division (C) of this section for injunctive relief. 591
(F)(1) A court that grants injunctive relief under 593
division (C) of this section may also appoint a special master 594
who, subject to division (F)(2) of this section, shall have such 595
powers and authority over the home and length of appointment as 596
the court considers necessary. Subject to division (F)(2) of 597
this section, the salary of a special master and any costs 598
incurred by a special master shall be the obligation of the home. 599
(2) No special master shall enter into any employment 601
contract on behalf of a home, or purchase with the home's funds 602
any capital goods totaling more than ten thousand dollars, unless 603
the special master has obtained approval for the contract or 604
purchase from the home's operator or the court. 605
(G) If the director takes action under division (C), (D), 607
or (E) of this section, he THE DIRECTOR may also appoint 608
employees of the department of health to conduct on-site 610
monitoring of the home. Appointment of monitors is not subject to 611
appeal under Chapter 119. or any other section of the Revised 612
Code. No employee of a home for which monitors are appointed, no 613
person employed by the home within the previous two years, and no 614
person who currently has a consulting contract with the 615
department or a home, shall be appointed under this division. 616
Every monitor shall have the professional qualifications 617
necessary to monitor correction of the conditions that give rise 618
to or, in the director's judgment, will give rise to real and 619
present danger. The number of monitors present at a home at any 620
15
given time shall not exceed one for every fifty residents, or 621
fraction thereof.
(H) On finding that the real and present danger for which 623
injunctive relief was granted under division (C) of this section 624
has been eliminated and that the home's operator has demonstrated 625
the capacity to prevent the real and present danger from 626
recurring, the court shall terminate its jurisdiction over the 627
home and return control and management of the home to the 628
operator. If the real and present danger cannot be eliminated 629
practicably within a reasonable time following appointment of a 630
special master, the court may order the special master to close 631
the home and transfer all residents to other homes or other 632
appropriate care settings. 633
(I) The director of health shall give notice of proposed 635
action under divisions (D) and (E) of this section to both of the 636
following: 637
(1) The home's administrator; 639
(2) If the home is operated by an organization described 641
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 642
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 643
1, as amended, the board of trustees of the organization; or, if 644
the home is not operated by such an organization, the owner of 645
the home. 646
Notices shall be delivered by certified mail or hand 648
delivery. If notices are mailed, they shall be addressed to the 649
persons specified in divisions (I)(1) and (2) of this section, as 650
indicated in the department of health's records. If they are 651
hand delivered, they shall be delivered to persons who would 652
reasonably appear to the average prudent person to have authority 653
to accept them. 654
(J) If ownership of a home is assigned or transferred to a 656
different person, the new owner is responsible and liable for 657
compliance with any notice of proposed action or order issued 658
under this section prior to the effective date of the assignment 659
16
or transfer. 660
Sec. 3721.09. Sections 3721.02, 3721.03, 3721.04, 3721.05, 669
3721.051, 3721.07, and 3721.08 of the Revised Code and the 671
regulations adopted pursuant thereto are not applicable in 672
political subdivisions which the the director of health, by 673
annual certification, determines have adopted and are enforcing 674
their own standards which are equal to or greater in their 675
requirements than those of sections 3721.02, 3721.03, 3721.04, 676
3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and 678
the regulations adopted pursuant thereto. Officials of political 679
subdivisions shall cooperate fully with the director and provide
him THE DIRECTOR with information which he THE DIRECTOR finds 681
necessary in order to make a determination. 682
Sec. 3721.99. (A) Whoever violates section 3721.021, 691
division (B), (D), or (E) of section 3721.05, DIVISION (A), (C), 693
OR (D) OF SECTION 3721.051, section 3721.06, division (A) of 694
section 3721.22, division (A) or (B) of section 3721.24, or 695
division (E) or (F) of section 3721.30 of the Revised Code shall 696
be fined one hundred dollars for a first offense. For each 697
subsequent offense, the violator shall be fined five hundred
dollars. 698
(B) Whoever violates division (A) or (C) of section 700
3721.05 OR DIVISION (B) OF SECTION 3721.051 of the Revised Code 702
shall be fined five thousand dollars for a first offense. For 703
each subsequent offense, the violator shall be fined ten thousand 704
dollars.
(C) Whoever violates division (D) of section 3721.031 or 706
division (E) of section 3721.22 of the Revised Code is guilty of 707
registering a false complaint, a misdemeanor of the first degree. 708
Section 2. That existing sections 3721.01, 3721.02, 710
3721.021, 3721.03, 3721.07, 3721.08, 3721.09, and 3721.99 of the 711
Revised Code are hereby repealed. 712