As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 178 5
1999-2000 6
SENATORS SCHAFRATH-MUMPER-WHITE-DiDONATO-DRAKE-HAGAN- 8
KEARNS-WACHTMANN-WATTS-CARNES-REPRESENTATIVES ASLANIDES- 9
TERWILLEGER-VAN VYVEN-OLMAN 10
_________________________________________________________________
A B I L L
To amend sections 3721.01, 3721.02, 3721.021, 12
3721.03, 3721.07, 3721.08, 3721.09, 3721.99, 13
4723.02, and 4723.48 and to enact section
3721.051 of the Revised Code to provide that a 15
county home or district home may be licensed as a 16
residential care facility and, if licensed, the
laws and rules governing residential care 17
facilities apply to the home, to permit a
licensed practical nurse to perform certain 18
activities relating to intravenous therapy, to 19
make other changes in the law governing 20
intravenous therapy procedures performed by
licensed practical nurses, and to maintain the 21
provisions of this act on and after July 1, 2000, 22
by amending the version of section 3721.08 of the 23
Revised Code that takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 3721.01, 3721.02, 3721.021, 27
3721.03, 3721.07, 3721.08, 3721.09, 3721.99, 4723.02, and 4723.48 28
be amended and section 3721.051 of the Revised Code be enacted to 30
read as follows:
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 39
and 3721.99 of the Revised Code: 40
(1)(a) "Home" means an institution, residence, or facility 42
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that provides, for a period of more than twenty-four hours, 43
whether for a consideration or not, accommodations to three or 44
more unrelated individuals who are dependent upon the services of 45
others, including a nursing home, residential care facility, home 46
for the aging, and the Ohio veterans' home. 47
(b) "Home" also means any BOTH OF THE FOLLOWING: 49
(i) ANY facility that a person, as defined in section 51
3702.51 of the Revised Code, proposes for certification as a 52
skilled nursing facility or nursing facility under Title XVIII or 53
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 54
U.S.C.A. 301, as amended, and for which a certificate of need, 55
other than a certificate to recategorize hospital beds as 56
described in section 3702.522 of the Revised Code or division 57
(R)(7)(d) of the version of section 3702.51 of the Revised Code 58
in effect immediately prior to April 20, 1995, has been granted 59
to the person under sections 3702.51 to 3702.62 of the Revised 60
Code after August 5, 1989;
(ii) A COUNTY HOME OR DISTRICT HOME THAT IS OR HAS BEEN 62
LICENSED AS A RESIDENTIAL CARE FACILITY. 63
(c) "Home" does not mean any of the following: 65
(i) Except as provided in division (A)(1)(b) of this 67
section, a public hospital or hospital as defined in section 68
3701.01 or 5122.01 of the Revised Code; 69
(ii) A residential facility for mentally ill persons as 71
defined under section 5119.22 of the Revised Code; 72
(iii) A residential facility as defined in section 5123.19 74
of the Revised Code; 75
(iv) A habilitation center as defined in section 5123.041 77
of the Revised Code; 78
(v) A community alternative home as defined in section 80
3724.01 of the Revised Code; 81
(vi) An adult care facility as defined in section 3722.01 83
of the Revised Code; 84
(vii) An alcohol or drug addiction program as defined in 86
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section 3793.01 of the Revised Code; 87
(viii) A facility licensed to provide methadone treatment 89
under section 3793.11 of the Revised Code; 90
(ix) A facility providing services under contract with the 92
department of mental retardation and developmental disabilities 93
under section 5123.18 of the Revised Code; 94
(x) A facility operated by a hospice care program licensed 96
under section 3712.04 of the Revised Code that is used 97
exclusively for care of hospice patients; 98
(xi) A facility, infirmary, or other entity that is 101
operated by a religious order, provides care exclusively to 102
members of religious orders who take vows of celibacy and live by 103
virtue of their vows within the orders as if related, and does 104
not participate in the medicare program established under Title 105
XVIII of the "Social Security Act" or the medical assistance 106
program established under Chapter 5111. of the Revised Code and 107
Title XIX of the "Social Security Act," if on January 1, 1994, 108
the facility, infirmary, or entity was providing care exclusively 109
to members of the religious order;
(xii) A COUNTY HOME OR DISTRICT HOME THAT HAS NEVER BEEN 111
LICENSED AS A RESIDENTIAL CARE FACILITY. 112
(2) "Unrelated individual" means one who is not related to 114
the owner or operator of a home or to the spouse of the owner or 116
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or 117
uncle.
(3) "Mental impairment" does not mean mental illness as 119
defined in section 5122.01 of the Revised Code or mental 120
retardation as defined in section 5123.01 of the Revised Code. 121
(4) "Skilled nursing care" means procedures that require 123
technical skills and knowledge beyond those the untrained person 124
possesses and that are commonly employed in providing for the 125
physical, mental, and emotional needs of the ill or otherwise 126
incapacitated. "Skilled nursing care" includes, but is not 127
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limited to, the following: 128
(a) Irrigations, catheterizations, application of 130
dressings, and supervision of special diets; 131
(b) Objective observation of changes in the patient's 133
condition as a means of analyzing and determining the nursing 134
care required and the need for further medical diagnosis and 135
treatment; 136
(c) Special procedures contributing to rehabilitation; 138
(d) Administration of medication by any method ordered by 140
a physician, such as hypodermically, rectally, or orally, 141
including observation of the patient after receipt of the 142
medication; 143
(e) Carrying out other treatments prescribed by the 145
physician that involve a similar level of complexity and skill in 146
administration. 147
(5)(a) "Personal care services" means services including, 149
but not limited to, the following: 150
(i) Assisting residents with activities of daily living; 152
(ii) Assisting residents with self-administration of 154
medication, in accordance with rules adopted under section 155
3721.04 of the Revised Code; 156
(iii) Preparing special diets, other than complex 158
therapeutic diets, for residents pursuant to the instructions of 159
a physician or a licensed dietitian, in accordance with rules 160
adopted under section 3721.04 of the Revised Code. 161
(b) "Personal care services" does not include "skilled 163
nursing care" as defined in division (A)(4) of this section. A 164
facility need not provide more than one of the services listed in 165
division (A)(5)(a) of this section to be considered to be 166
providing personal care services. 167
(6) "Nursing home" means a home used for the reception and 169
care of individuals who by reason of illness or physical or 170
mental impairment require skilled nursing care and of individuals 171
who require personal care services but not skilled nursing care. 172
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A nursing home is licensed to provide personal care services and 173
skilled nursing care. 174
(7) "Residential care facility" means a home that provides 176
either of the following: 177
(a) Accommodations for seventeen or more unrelated 179
individuals and supervision and personal care services for three 180
or more of those individuals who are dependent on the services of 181
others by reason of age or physical or mental impairment; 182
(b) Accommodations for three or more unrelated 184
individuals, supervision and personal care services for at least 185
three of those individuals who are dependent on the services of 186
others by reason of age or physical or mental impairment, and, to 187
at least one of those individuals, any of the skilled nursing 188
care authorized by section 3721.011 of the Revised Code. 189
(8) "Home for the aging" means a home that provides 191
services as a residential care facility and a nursing home, 192
except that the home provides its services only to individuals 193
who are dependent on the services of others by reason of both age 194
and physical or mental impairment.
The part or unit of a home for the aging that provides 196
services only as a residential care facility is licensed as a 197
residential care facility. The part or unit that may provide 198
skilled nursing care beyond the extent authorized by section 199
3721.011 of the Revised Code is licensed as a nursing home. 200
(9) "COUNTY HOME" AND "DISTRICT HOME" MEAN A COUNTY HOME 202
OR DISTRICT HOME OPERATED UNDER CHAPTER 5155. OF THE REVISED 204
CODE.
(B) The public health council may further classify homes. 206
For the purposes of this chapter, any residence, institution, 207
hotel, congregate housing project, or similar facility that meets 208
the definition of a home under this section is such a home 209
regardless of how the facility holds itself out to the public. 210
(C) For purposes of this chapter, personal care services 212
or skilled nursing care shall be considered to be provided by a 213
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facility if they are provided by a person employed by or 214
associated with the facility or by another person pursuant to an 215
agreement to which neither the resident who receives the services 216
nor his THE RESIDENT'S sponsor is a party. 217
(D) Nothing in division (A)(4) of this section shall be 219
construed to permit skilled nursing care to be imposed on an 220
individual who does not require skilled nursing care. 221
Nothing in division (A)(5) of this section shall be 223
construed to permit personal care services to be imposed on an 224
individual who is capable of performing the activity in question 225
without assistance. 226
(E) Division (A)(1)(c)(xi) of this section does not 228
prohibit a facility, infirmary, or other entity described in that 229
division from seeking licensure under sections 3721.01 to 3721.09 231
of the Revised Code or certification under Title XVIII or XIX of 232
the "Social Security Act." However, such a facility, infirmary, 233
or entity that applies for licensure or certification must meet 234
the requirements of those sections or titles and the rules 235
adopted under them and obtain a certificate of need from the 236
director of health under section 3702.52 of the Revised Code. 237
(F) Nothing in this chapter, or rules adopted pursuant to 239
it, shall be construed as authorizing the supervision, 240
regulation, or control of the spiritual care or treatment of 241
residents or patients in any home who rely upon treatment by 242
prayer or spiritual means in accordance with the creed or tenets 243
of any recognized church or religious denomination. 244
Sec. 3721.02. The director of health shall license homes 253
and establish procedures to be followed in inspecting and 254
licensing homes. The director may inspect a home at any time. 255
Each home shall be inspected by the director at least once prior 256
to the issuance of a license and at least once every fifteen 257
months thereafter. The state fire marshal or a township, 258
municipal, or other legally constituted fire department approved 259
by the marshal shall also inspect a home prior to issuance of a 260
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license, at least once every fifteen months thereafter, and at 261
any other time requested by the director. A home does not have 262
to be inspected prior to issuance of a license by the director, 263
state fire marshal, or a fire department if ownership of the home 264
is assigned or transferred to a different person and the home was 265
licensed under this chapter immediately prior to the assignment 266
or transfer. The director may enter at any time, for the 267
purposes of investigation, any institution, residence, facility, 268
or other structure which has been reported to the director or 269
that the director has reasonable cause to believe is operating as 270
a, nursing home, residential care facility, or home for the aging 272
without a valid license REQUIRED BY SECTION 3721.05 OF THE 273
REVISED CODE OR, IN THE CASE OF A COUNTY HOME OR DISTRICT HOME, 274
IS OPERATING DESPITE THE REVOCATION OF ITS RESIDENTIAL CARE 275
FACILITY LICENSE. The director may delegate his THE DIRECTOR'S 276
authority and duties under this chapter to any division, bureau, 279
agency, or official of the department of health. 280
A single facility may be licensed both as a nursing home 282
pursuant to this chapter and as an adult care facility pursuant 283
to Chapter 3722. of the Revised Code if the director determines 284
that the part or unit to be licensed as a nursing home can be 285
maintained separate and discrete from the part or unit to be 286
licensed as an adult care facility. 287
In determining the number of residents in a home for the 289
purpose of licensing, the director shall consider all the 290
individuals for whom the home provides accommodations as one 291
group unless one of the following is the case: 292
(A) The home is a home for the aging, in which case all 294
the individuals in the part or unit licensed as a nursing home 295
shall be considered as one group and all the individuals in the 296
part or unit licensed as a rest home shall be considered as 297
another group; 298
(B) The home is both a nursing home and an adult care 300
facility. In that case, all the individuals in the part or unit 301
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licensed as a nursing home shall be considered as one group and 302
all the individuals in the part or unit licensed as an adult care 303
facility shall be considered as another group. 304
(C) The home maintains, in addition to a nursing home or 306
residential care facility, a separate and discrete part or unit 308
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care 309
services from the home, in which case the individuals in the 310
separate and discrete part or unit shall not be considered in 311
determining the number of residents in the home if the separate 312
and discrete part or unit is in compliance with the Ohio basic 313
building code established by the board of building standards 314
under Chapters 3781. and 3791. of the Revised Code and the home 315
permits the director, on request, to inspect the separate and 316
discrete part or unit and speak with the individuals residing 317
there, if they consent, to determine whether the separate and 318
discrete part or unit meets the requirements of this division. 319
The director of health shall charge an application fee and 321
an annual renewal licensing and inspection fee of one hundred 322
dollars for each fifty persons or part thereof of a home's 323
licensed capacity. All fees collected by the director for the 324
issuance or renewal of licenses shall be deposited into the state 325
treasury to the credit of the general operations fund created in 326
section 3701.83 of the Revised Code for use only in administering 327
and enforcing this chapter and rules adopted under it. 328
Sec. 3721.021. Every person who operates a home, as 337
defined in section 3721.01 of the Revised Code, AND EACH COUNTY 339
HOME AND DISTRICT HOME LICENSED AS A RESIDENTIAL CARE FACILITY 340
shall have available in the home for review by prospective 341
patients and residents, their guardians, or other persons
assisting in their placement, each inspection report completed 342
pursuant to section 3721.02 of the Revised Code and each 343
statement of deficiencies and plan of correction completed and 344
made available to the public under Titles XVIII and XIX of the 345
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"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 346
amended, and any rules promulgated under Titles XVIII and XIX,
including such reports that result from life safety code and 347
health inspections during the preceding three years, and shall 348
post prominently within the home a notice of this requirement. 349
Sec. 3721.03. The director of health shall enforce the 359
provisions of sections 3721.01 to 3721.09 and 3721.99 of the 360
Revised Code and may issue orders to secure compliance with the 361
provisions of these sections and the rules adopted under them. He 363
THE DIRECTOR may hold hearings, issue subpoenas, compel
testimony, and make adjudications. In the event the director 365
finds, upon hearing or opportunity afforded therefor, that any 366
person, firm, partnership, association, or corporation, COUNTY 367
HOME, OR DISTRICT HOME licensed under section 3721.07 of the 369
Revised Code is in violation of any of the provisions of Chapter 370
3721. of the Revised Code or rules adopted by the public health 371
council under it; is in violation of any order issued by the 372
director; is not, or any of its principals are not suitable, 373
morally or financially to operate such an institution; or is not 374
furnishing humane, kind, and adequate treatment and care, the 375
director may issue an order revoking the license previously 376
issued by him THE DIRECTOR. Upon the issuance of any order of 378
revocation, the person whose license is revoked, OR THE COUNTY
HOME OR DISTRICT HOME THAT HAS ITS LICENSE REVOKED, may appeal in 379
accordance with Chapter 119. of the Revised Code. 380
The state fire marshal shall enforce all statutes and rules 382
pertaining to fire safety in homes and shall adopt rules 383
pertaining to fire safety in homes as he THE MARSHAL determines 384
necessary. The rules adopted by the marshal shall be in addition 386
to those fire safety rules that the board of building standards 387
and the public health council are empowered to adopt and shall be 388
adopted prior to December 31, 1972. In the event of a dispute 389
between the marshal and another officer having responsibilities 390
under sections 3721.01 to 3721.09 of the Revised Code with 391
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respect to the interpretation or application of a specific fire 392
safety statute or rule, the interpretation of the marshal shall 393
prevail.
If the ownership of a home is assigned or tranferred 395
TRANSFERRED to a different person, the new owner is responsible 396
and liable for compliance with any notice of proposed action or 397
order issued under this section in accordance with Chapter 119. 398
of the Revised Code prior to the effective date of the assignment 399
or transfer.
Sec. 3721.051. NO COUNTY HOME OR DISTRICT HOME LICENSED 401
UNDER SECTION 3721.07 OF THE REVISED CODE SHALL DO ANY OF THE 402
FOLLOWING: 403
(A) VIOLATE ANY OF THE CONDITIONS OR REQUIREMENTS 405
NECESSARY FOR LICENSING AFTER THE LICENSE HAS BEEN ISSUED; 406
(B) CONTINUE OPERATION AFTER ITS LICENSE HAS BEEN REVOKED 408
BY THE DIRECTOR OF HEALTH; 409
(C) FAIL TO BE OPEN FOR AN INSPECTION, OR INTERFERE WITH 411
AN INSPECTION, BY A STATE OR LOCAL OFFICIAL PERFORMING INSPECTION 412
DUTIES UNDER CHAPTER 3721. OF THE REVISED CODE; 413
(D) VIOLATE ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY 416
RULES ADOPTED THEREUNDER.
Sec. 3721.07. Every person desiring to operate a home AND 426
THE SUPERINTENDENT OR ADMINISTRATOR OF EACH COUNTY HOME OR
DISTRICT HOME FOR WHICH A LICENSE AS A RESIDENTIAL CARE FACILITY 427
IS SOUGHT shall apply for a license to the director of health. 428
The director shall issue a license for the home, if after 429
investigation of the applicant and, if required by section 430
3721.02 of the Revised Code, inspection of the home, the 431
following requirements or conditions are satisfied or complied 432
with: 433
(A) The applicant has not been convicted of a felony or a 435
crime involving moral turpitude; 436
(B) The applicant is not violating any of the rules made 438
by the public health council or any order issued by the director 439
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of health; 440
(C) The buildings in which the home is housed have been 442
approved by the state fire marshal or a township, municipal, or 443
other legally constituted fire department approved by the 444
marshal. In the approval of a home such agencies shall apply 445
standards prescribed by the board of building standards, and by 446
the state fire marshal, and by section 3721.071 of the Revised 447
Code. 448
(D) The applicant, if it is an individual, or the 450
principal participants, if it is an association or a corporation, 451
is or are suitable financially and morally to operate a home; 452
(E) The applicant is equipped to furnish humane, kind, and 454
adequate treatment and care; 455
(F) The home does not maintain or contain: 457
(1) Facilities for the performance of major surgical 459
procedures; 460
(2) Facilities for providing therapeutic radiation; 462
(3) An emergency ward; 464
(4) A clinical laboratory unless it is under the 466
supervision of a clinical pathologist who is a licensed physician 467
in this state; 468
(5) Facilities for radiological examinations unless such 470
examinations are performed only by a person licensed to practice 471
medicine, surgery, or dentistry in this state. 472
(G) The home does not accept or treat outpatients, except 474
upon the written orders of a physician licensed in this state, 475
maternity cases, boarding children, and does not house transient 476
guests, other than participants in an adult day-care program, for 477
twenty-four hours or less; 478
(H) The home is in compliance with sections 3721.28 and 480
3721.29 of the Revised Code. 481
When the director issues a license, the license shall 483
remain in effect until revoked by the director or voided at the 484
request of the applicant; provided, there shall be an annual 485
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renewal fee payable during the month of January of each calendar 486
year. Any licensed home that does not pay its renewal fee in 487
January shall pay, beginning the first day of February, a late 489
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 490
fee is not paid by the fifteenth day of February, the director 492
may, in accordance with Chapter 119. of the Revised Code, revoke
the home's license. 493
A person whose license is revoked, AND A COUNTY HOME OR 495
DISTRICT HOME THAT HAS ITS LICENSE AS A RESIDENTIAL CARE FACILITY 496
REVOKED, for any reason other than nonpayment of the license 498
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 500
revocation has elapsed. 501
Any applicant who is denied a license may appeal in 503
accordance with Chapter 119. of the Revised Code. 504
Sec. 3721.08. (A) As used in this section, "real and 513
present danger" means imminent danger of serious physical or 514
life-threatening harm to one or more occupants of a home. 515
(B) The director of health may petition the court of 517
common pleas of the county in which the home is located for an 518
order enjoining any person from operating a home without a 519
license OR ENJOINING A COUNTY HOME OR DISTRICT HOME THAT HAS HAD 520
ITS LICENSE REVOKED FROM CONTINUING TO OPERATE. The court shall 521
have jurisdiction to grant such injunctive relief upon a showing 523
that the respondent named in the petition is operating a home 524
without a license OR THAT THE COUNTY HOME OR DISTRICT HOME NAMED 525
IN THE PETITION IS OPERATING DESPITE THE REVOCATION OF ITS
LICENSE. The court shall have jurisdiction to grant such 527
injunctive relief against the operation of a home without a VALID 528
license regardless of whether the home meets essential licensing 529
requirements.
(C) Unless the department of human services or contracting 531
agency has taken action under section 5111.51 of the Revised Code 532
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to appoint a temporary manager or seek injunctive relief, if, in 533
the judgment of the director of health, real and present danger 534
exists at any home, the director may petition the court of common 535
pleas of the county in which the home is located for such 536
injunctive relief as is necessary to close the home, transfer one 537
or more occupants to other homes or other appropriate care 538
settings, or otherwise eliminate the real and present danger. The 540
court shall have the jurisdiction to grant such injunctive relief 541
upon a showing that there is real and present danger.
(D)(1) If the director determines that real and present 543
danger exists at a home and elects not to immediately seek 544
injunctive relief under division (C) of this section, he THE 545
DIRECTOR may give written notice of proposed action to the home. 547
The notice shall specify all of the following: 548
(a) The nature of the conditions giving rise to the real 550
and present danger; 551
(b) The measures that the director determines the home 553
must take to respond to the conditions; 554
(c) The date on which the director intends to seek 556
injunctive relief under division (C) of this section if he THE 557
DIRECTOR determines that real and present danger exists at the 559
home.
(2) If the home notifies the director, within the time 561
specified pursuant to division (D)(1)(c) of this section, that it 562
believes the conditions giving rise to the real and present 563
danger have been substantially corrected, the director shall 564
conduct an inspection to determine whether real and present 565
danger exists. If the director determines on the basis of the 566
inspection that real and present danger exists, he THE DIRECTOR 567
may petition under division (C) of this section for injunctive 569
relief.
(E)(1) If in the judgment of the director of health 571
conditions exist at a home that will give rise to real and 572
present danger if not corrected, the director shall give written 573
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notice of proposed action to the home. The notice shall specify 574
all of the following: 575
(a) The nature of the conditions giving rise to the 577
director's judgment; 578
(b) The measures that the director determines the home 580
must take to respond to the conditions; 581
(c) The date, which shall be no less than ten days after 583
the notice is delivered, on which the director intends to seek 584
injunctive relief under division (C) of this section if the 585
conditions are not substantially corrected and he THE DIRECTOR 586
determines that a real and present danger exists. 588
(2) If the home notifies the director, within the period 590
of time specified pursuant to division (E)(1)(c) of this section, 591
that the conditions giving rise to the director's determination 592
have been substantially corrected, the director shall conduct an 593
inspection. If the director determines on the basis of the 594
inspection that the conditions have not been corrected and a real 595
and present danger exists, he THE DIRECTOR may petition under 596
division (C) of this section for injunctive relief. 598
(F)(1) A court that grants injunctive relief under 600
division (C) of this section may also appoint a special master 601
who, subject to division (F)(2) of this section, shall have such 602
powers and authority over the home and length of appointment as 603
the court considers necessary. Subject to division (F)(2) of 604
this section, the salary of a special master and any costs 605
incurred by a special master shall be the obligation of the home. 606
(2) No special master shall enter into any employment 608
contract on behalf of a home, or purchase with the home's funds 609
any capital goods totaling more than ten thousand dollars, unless 610
the special master has obtained approval for the contract or 611
purchase from the home's operator or the court. 612
(G) If the director takes action under division (C), (D), 614
or (E) of this section, he THE DIRECTOR may also appoint 615
employees of the department of health to conduct on-site 617
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monitoring of the home. Appointment of monitors is not subject to 618
appeal under Chapter 119. or any other section of the Revised 619
Code. No employee of a home for which monitors are appointed, no 620
person employed by the home within the previous two years, and no 621
person who currently has a consulting contract with the 622
department or a home, shall be appointed under this division. 623
Every monitor shall have the professional qualifications 624
necessary to monitor correction of the conditions that give rise 625
to or, in the director's judgment, will give rise to real and 626
present danger. The number of monitors present at a home at any 627
given time shall not exceed one for every fifty residents, or 628
fraction thereof.
(H) On finding that the real and present danger for which 630
injunctive relief was granted under division (C) of this section 631
has been eliminated and that the home's operator has demonstrated 632
the capacity to prevent the real and present danger from 633
recurring, the court shall terminate its jurisdiction over the 634
home and return control and management of the home to the 635
operator. If the real and present danger cannot be eliminated 636
practicably within a reasonable time following appointment of a 637
special master, the court may order the special master to close 638
the home and transfer all residents to other homes or other 639
appropriate care settings. 640
(I) The director of health shall give notice of proposed 642
action under divisions (D) and (E) of this section to both of the 643
following: 644
(1) The home's administrator; 646
(2) If the home is operated by an organization described 648
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 649
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 650
1, as amended, the board of trustees of the organization; or, if 651
the home is not operated by such an organization, the owner of 652
the home. 653
Notices shall be delivered by certified mail or hand 655
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delivery. If notices are mailed, they shall be addressed to the 656
persons specified in divisions (I)(1) and (2) of this section, as 657
indicated in the department of health's records. If they are 658
hand delivered, they shall be delivered to persons who would 659
reasonably appear to the average prudent person to have authority 660
to accept them. 661
(J) If ownership of a home is assigned or transferred to a 663
different person, the new owner is responsible and liable for 664
compliance with any notice of proposed action or order issued 665
under this section prior to the effective date of the assignment 666
or transfer. 667
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 669
Sec. 3721.09. Sections 3721.02, 3721.03, 3721.04, 3721.05, 678
3721.051, 3721.07, and 3721.08 of the Revised Code and the 680
regulations adopted pursuant thereto are not applicable in 681
political subdivisions which the the director of health, by 682
annual certification, determines have adopted and are enforcing 683
their own standards which are equal to or greater in their 684
requirements than those of sections 3721.02, 3721.03, 3721.04, 685
3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and 687
the regulations adopted pursuant thereto. Officials of political 688
subdivisions shall cooperate fully with the director and provide
him THE DIRECTOR with information which he THE DIRECTOR finds 690
necessary in order to make a determination. 691
Sec. 3721.99. (A) Whoever violates section 3721.021, 700
division (B), (D), or (E) of section 3721.05, DIVISION (A), (C), 702
OR (D) OF SECTION 3721.051, section 3721.06, division (A) of 703
section 3721.22, division (A) or (B) of section 3721.24, or 704
division (E) or (F) of section 3721.30 of the Revised Code shall 705
be fined one hundred dollars for a first offense. For each 706
subsequent offense, the violator shall be fined five hundred
dollars. 707
(B) Whoever violates division (A) or (C) of section 709
3721.05 OR DIVISION (B) OF SECTION 3721.051 of the Revised Code 711
17
shall be fined five thousand dollars for a first offense. For 712
each subsequent offense, the violator shall be fined ten thousand 713
dollars.
(C) Whoever violates division (D) of section 3721.031 or 715
division (E) of section 3721.22 of the Revised Code is guilty of 716
registering a false complaint, a misdemeanor of the first degree. 717
Sec. 4723.02. As used in this chapter: 726
(A) "Registered nurse" means an individual who holds a 728
current, valid license issued under this chapter that authorizes 729
the practice of nursing as a registered nurse. 730
(B) "Practice of nursing as a registered nurse" means 732
providing to individuals and groups nursing care requiring 733
specialized knowledge, judgment, and skill derived from the 734
principles of biological, physical, behavioral, social, and 735
nursing sciences. Such nursing care includes: 736
(1) Identifying patterns of human responses to actual or 738
potential health problems amenable to a nursing regimen; 739
(2) Executing a nursing regimen through the selection, 741
performance, management, and evaluation of nursing actions; 742
(3) Assessing health status for the purpose of providing 744
nursing care; 745
(4) Providing health counseling and health teaching; 747
(5) Administering medications, treatments, and executing 749
regimens prescribed by licensed physicians; dentists; 751
optometrists; podiatrists; or, until January 1, 2010, advanced 753
practice nurses authorized to prescribe under section 4723.56 of 754
the Revised Code;
(6) Teaching, administering, supervising, delegating, and 756
evaluating nursing practice. 757
(C) "Nursing regimen" may include preventative, 759
restorative, and health promotion activities. 760
(D) "Assessing health status" means the collection of data 762
through nursing assessment techniques, which may include 763
interviews, observation, and physical evaluations for the purpose 764
18
of providing nursing care. 765
(E) "Licensed practical nurse" means an individual who 767
holds a current, valid license issued under this chapter that 768
authorizes the practice of nursing as a licensed practical nurse. 769
(F) "The practice of nursing as a licensed practical 771
nurse" means providing to individuals and groups nursing care 772
requiring the application of basic knowledge of the biological, 773
physical, behavioral, social, and nursing sciences at the 774
direction of a licensed physician, dentist, podiatrist, 775
optometrist, or registered nurse. Such nursing care includes: 776
(1) Observation, patient teaching, and care in a diversity 778
of health care settings; 779
(2) Contributions to the planning, implementation, and 781
evaluation of nursing; 782
(3) Administration of medications and treatments 784
prescribed by a licensed physician; dentist; optometrist; 786
podiatrist; or, until January 1, 2010, an advanced practice nurse 788
authorized to prescribe under section 4723.56 of the Revised 789
Code, except that administration of intravenous therapy shall be 790
performed only in accordance with section 4723.48 of the Revised 791
Code. Medications may be administered by a licensed practical 793
nurse upon proof of completion of a course in medication 794
administration approved by the board of nursing.
(4) Administration to an adult of intravenous therapy 796
prescribed by a licensed physician; dentist; optometrist; 797
podiatrist; or, until January 1, 2010, an advanced practice nurse 798
authorized to prescribe under section 4723.56 of the Revised 799
Code, on the condition that the licensed practical nurse is 801
authorized by the board of nursing pursuant to section 4723.48 of 802
the Revised Code to perform intravenous therapy and performs 804
intravenous therapy only in accordance with section 4723.48 of 805
the Revised Code. ADMINISTRATION TO AN ADULT OF INTRAVENOUS 806
THERAPY DOES NOT INCLUDE THE FOLLOWING PROCEDURES WHEN PERFORMED 807
BY A LICENSED PRACTICAL NURSE ACTING AT THE DIRECTION OF A 809
19
REGISTERED NURSE OR A LICENSED PHYSICIAN, DENTIST, OPTOMETRIST, 810
OR PODIATRIST, IF THE LICENSED PRACTICAL NURSE CAN DEMONSTRATE 811
THE KNOWLEDGE, SKILLS, AND ABILITY TO PERFORM THE PROCEDURE 812
SAFELY:
(a) VERIFICATION OF THE TYPE OF PERIPHERAL INTRAVENOUS 814
SOLUTION BEING ADMINISTERED; 815
(b) EXAMINATION OF A PERIPHERAL INFUSION SITE AND THE 817
EXTREMITY FOR POSSIBLE INFILTRATION; 818
(c) REGULATION OF A PERIPHERAL INTRAVENOUS INFUSION 820
ACCORDING TO THE PRESCRIBED FLOW RATE; 821
(d) DISCONTINUATION OF A PERIPHERAL INTRAVENOUS DEVICE AT 823
THE APPROPRIATE TIME; 824
(e) PERFORMANCE OF ROUTINE DRESSING CHANGES AT THE 826
INSERTION SITE OF A PERIPHERAL VENOUS OR ARTERIAL INFUSION, 827
PERIPHERALLY INSERTED CENTRAL CATHETER INFUSION, OR CENTRAL 828
VENOUS PRESSURE SUBCLAVIAN INFUSION. 829
(G) "Certified registered nurse anesthetist" means a 832
registered nurse who holds a valid certificate of authority 833
issued under this chapter that authorizes the practice of nursing 834
as a certified registered nurse anesthetist in accordance with 835
section 4723.43 of the Revised Code and rules adopted by the 836
board of nursing. 837
(H) "Clinical nurse specialist" means a registered nurse 840
who holds a valid certificate of authority issued under this 841
chapter that authorizes the practice of nursing as a clinical 842
nurse specialist in accordance with section 4723.43 of the 843
Revised Code and rules adopted by the board of nursing. 844
(I) "Certified nurse-midwife" means a registered nurse who 846
holds a valid certificate of authority issued under this chapter 847
that authorizes the practice of nursing as a certified 848
nurse-midwife in accordance with section 4723.43 of the Revised 849
Code and rules adopted by the board of nursing. 850
(J) "Certified nurse practitioner" means a registered 852
nurse who holds a valid certificate of authority issued under 853
20
this chapter that authorizes the practice of nursing as a 854
certified nurse practitioner in accordance with section 4723.43 855
of the Revised Code and rules adopted by the board of nursing. 857
(K) "Physician" means an individual who holds a 860
certificate issued under Chapter 4731. of the Revised Code 862
authorizing the practice of medicine and surgery or osteopathic 864
medicine and surgery and is practicing in this state. 865
(L) "Dentist" means an individual who is licensed under 868
Chapter 4715. of the Revised Code to practice dentistry and is 869
practicing in this state. 870
(M) "Podiatrist" means an individual who holds a 873
certificate issued under Chapter 4731. of the Revised Code 874
authorizing the practice of podiatry and is practicing in this 875
state.
(N) "Collaboration" or "collaborating" means the 877
following: 878
(1) In the case of a clinical nurse specialist, except as 881
provided in division (N)(3) of this section, or a certified nurse
practitioner, that a podiatrist acting within the podiatrist's 882
scope of practice in accordance with section 4731.51 of the 883
Revised Code and with whom the nurse has entered into a standard 885
care arrangement or physician with whom the nurse has entered
into a standard care arrangement is continuously available to 887
communicate with the clinical nurse specialist or certified nurse 888
practitioner either in person or by radio, telephone, or other 889
form of telecommunication;
(2) In the case of a certified nurse-midwife, that a 891
physician with whom the certified nurse-midwife has entered into 892
a standard care arrangement is continuously available to 893
communicate with the certified nurse-midwife either in person or 894
by radio, telephone, or other form of telecommunication; 895
(3) In the case of a clinical nurse specialist whose 897
nursing specialty is mental health or psychiatric mental health, 898
that a physician is continuously available to communicate with 900
21
the nurse either in person or by radio, telephone, or other form 901
of telecommunication.
(O) "Supervision" means that a certified registered nurse 904
anesthetist is under the direction of a podiatrist acting within 905
the podiatrist's scope of practice in accordance with section
4731.51 of the Revised Code, a dentist acting within the 907
dentist's scope of practice in accordance with Chapter 4715. of 909
the Revised Code, or a physician, and, when administering 910
anesthesia, the certified registered nurse anesthetist is in the 911
immediate presence of the podiatrist, dentist, or physician. 912
(P) "Standard care arrangement" means a written, formal 915
guide for planning and evaluating a patient's health care that is 916
developed by a collaborating physician or podiatrist and a
clinical nurse specialist, certified nurse-midwife, or certified 917
nurse practitioner and meets the requirements of section 4723.431 918
of the Revised Code. 919
Sec. 4723.48. (A) The board of nursing may authorize a 929
licensed practical nurse to administer to an adult intravenous 930
therapy prescribed by a licensed physician; dentist; optometrist; 932
podiatrist; or, until January 1, 2010, an advanced practice nurse 933
authorized to prescribe under section 4723.56 of the Revised 934
Code, if all of the following are true of the licensed practical
nurse: 935
(1) The nurse has a current, valid license issued under 937
this chapter that includes authorization to administer 938
medications.
(2) The nurse has successfully completed a course in 940
intravenous administration approved by the board of nursing that 941
includes both of the following: 942
(a) A minimum of forty hours of training that includes all 944
of the following: 945
(i) The curriculum established by rules adopted by the 947
board of nursing and in effect on January 1, 1999; 949
(ii) Training in the anatomy and physiology of the 951
22
cardiovascular system, signs and symptoms of local and systemic 952
complications in the administration of fluids and antibiotic 954
additives, and guidelines for management of these complications; 955
(iii) Any other training or instruction the board 957
considers appropriate. 958
(b) A testing component that includes THE SUCCESSFUL 960
PERFORMANCE OF three venipunctures supervised by a physician or 962
registered nurse in a health care setting. 963
(B) A licensed practical nurse may perform intravenous 965
therapy only if authorized by the board of nursing pursuant to 968
division (A) of this section and only if it is performed in 970
accordance with this section.
A licensed practical nurse authorized BY THE BOARD to 972
perform intravenous therapy may perform an intravenous therapy 973
procedure only at the direction of one of the following: 974
(1) A licensed physician, dentist, optometrist, or 976
podiatrist who, except as provided in division (C)(2) of this 977
section, is present and readily available at the facility where 979
the intravenous therapy procedure is performed; 980
(2) A registered nurse in accordance with division (C) of 983
this section.
(C)(1) Except as provided in division (C)(2) of this 986
section, when a licensed practical nurse authorized BY THE BOARD 987
to perform intravenous therapy performs an intravenous therapy 989
procedure at the direction of a registered nurse, the registered 991
nurse or another registered nurse shall be readily available at 992
the site where the intravenous therapy is performed, and before 993
the licensed practical nurse initiates the intravenous therapy, 994
the registered nurse shall personally perform an on-site 995
assessment of the individual who is to receive the intravenous 996
therapy.
(2) When a licensed practical nurse authorized BY THE 998
BOARD to perform intravenous therapy performs an intravenous 999
therapy procedure in a home as defined in section 3721.10 of the 1,000
23
Revised Code, or in an intermediate care facility for the 1,001
mentally retarded as defined in section 5111.20 of the Revised 1,002
Code, at the direction of a registered nurse or licensed 1,004
physician, dentist, optometrist, or podiatrist, a registered 1,005
nurse shall be on the premises of the home or facility or 1,006
accessible by some form of telecommunication.
(D) No licensed practical nurse shall perform any of the 1,008
following intravenous therapy procedures: 1,009
(1) Initiating or maintaining any of the following: 1,011
(a) Blood or blood components; 1,013
(b) Solutions for total parenteral nutrition; 1,015
(c) Any cancer therapeutic medication including, but not 1,017
limited to, cancer chemotherapy or an anti-neoplastic agent; 1,018
(d) Solutions administered through any central venous line 1,020
or arterial line or any other line that does not terminate in a 1,022
peripheral vein, except that a licensed practical nurse 1,023
AUTHORIZED BY THE BOARD TO PERFORM INTRAVENOUS THERAPY may 1,024
maintain the solutions specified in division (D)(6)(a) of this 1,025
section that are being administered through a central venous line 1,027
or peripherally inserted central catheter; 1,028
(e) Any investigational or experimental medication. 1,030
(2) Initiating intravenous therapy in any vein other than, 1,032
EXCEPT THAT A LICENSED PRACTICAL NURSE AUTHORIZED BY THE BOARD TO 1,034
PERFORM INTRAVENOUS THERAPY MAY INITIATE INTRAVENOUS THERAPY IN
ACCORDANCE WITH THIS SECTION IN a vein of the hand, forearm, or 1,037
antecubital fossa;
(3) Discontinuing a central venous, arterial, or any other 1,039
line that does not terminate in a peripheral vein; 1,040
(4) Initiating or discontinuing a peripherally inserted 1,042
central catheter; 1,043
(5) Mixing, preparing, or reconstructing RECONSTITUTING 1,045
any medication for intravenous therapy, except that a licensed 1,047
practical nurse authorized BY THE BOARD to perform intravenous 1,048
therapy may prepare or reconstitute an antibiotic additive; 1,050
24
(6) Administering medication via the intravenous route, 1,052
including all of the following ACTIVITIES: 1,053
(a) Adding medication to an intravenous solution or to an 1,055
existing infusion, except that a licensed practical nurse 1,057
authorized BY THE BOARD to administer PERFORM intravenous therapy 1,058
may initiate DO EITHER OF THE FOLLOWING: 1,059
(i) INITIATE an intravenous infusion containing one or 1,061
more of the following elements: 1,063
(i) Dextrose DEXTROSE 5%; 1,065
(ii) Normal NORMAL saline; 1,067
(iii) Lactated LACTATED ringers; 1,069
(iv) Sodium SODIUM chloride .45%; 1,071
(v) Sodium SODIUM chloride 0.2%; 1,073
(vi) Water STERILE WATER. 1,076
(ii) HANG SUBSEQUENT CONTAINERS OF THE INTRAVENOUS 1,078
SOLUTIONS SPECIFIED IN DIVISION (D)(6)(a) OF THIS SECTION THAT 1,081
CONTAIN VITAMINS OR ELECTROLYTES, IF A REGISTERED NURSE INITIATED 1,082
THE INFUSION OF THAT SAME INTRAVENOUS SOLUTION. 1,083
(b) Initiating or maintaining an intravenous piggyback 1,085
infusion, except that a licensed practical nurse authorized BY 1,086
THE BOARD to administer PERFORM intravenous therapy may initiate 1,087
or maintain an intravenous piggyback infusion containing an 1,089
antibiotic additive;
(c) Injecting medication via a direct intravenous route, 1,091
except that a licensed practical nurse authorized BY THE BOARD to 1,092
administer PERFORM intravenous therapy may inject heparin or 1,094
normal saline to flush an intermittent infusion device or heparin 1,095
lock including, but not limited to, bolus or push. 1,096
(7) Aspirating any intravenous line to maintain patency; 1,098
(8) Changing tubing on any line other than one that 1,100
terminates in a peripheral vein including, but not limited to, an 1,101
arterial line or a central venous line, EXCEPT THAT A LICENSED 1,102
PRACTICAL NURSE AUTHORIZED BY THE BOARD TO PERFORM INTRAVENOUS 1,103
THERAPY MAY CHANGE TUBING ON AN INTRAVENOUS LINE THAT TERMINATES 1,104
25
IN A PERIPHERAL VEIN;
(9) Programming or setting any function of a patient 1,106
controlled infusion pump. 1,107
(E) Notwithstanding division (D) of this section, at the 1,110
direction of a licensed physician or a registered nurse, a 1,111
licensed practical nurse authorized BY THE BOARD to perform 1,112
intravenous therapy may perform the following activities for the 1,114
purpose of performing dialysis;:
(1) The routine administration and regulation of saline 1,116
solution for the purpose of maintaining an established fluid 1,117
plan;
(2) The administration of a heparin dose intravenously; 1,119
(3) The administration of a heparin dose peripherally via 1,121
a fistula needle; 1,122
(4) The loading and activation of a constant infusion pump 1,124
or the intermittent injection of a dose of medication prescribed 1,125
by a licensed physician for dialysis. 1,126
(F) No person shall employ or direct a licensed practical 1,128
nurse to perform an intravenous therapy procedure without first 1,130
verifying that the licensed practical nurse has been approved IS 1,131
AUTHORIZED by the board of nursing to perform intravenous 1,132
therapy.
(G) The board of nursing shall maintain a registry of the 1,135
names of licensed practical nurses authorized pursuant to 1,136
division (A) of this section to perform intravenous therapy. 1,137
Section 2. That existing sections 3721.01, 3721.02, 1,139
3721.021, 3721.03, 3721.07, 3721.08, 3721.09, 3721.99, 4723.02, 1,140
and 4723.48 of the Revised Code are hereby repealed. 1,141
Section 3. That the version of section 3721.08 of the 1,143
Revised Code that is scheduled to take effect on July 1, 2000, be 1,144
amended to read as follows:
Sec. 3721.08. (A) As used in this section, "real and 1,153
present danger" means imminent danger of serious physical or 1,154
life-threatening harm to one or more occupants of a home. 1,155
26
(B) The director of health may petition the court of 1,157
common pleas of the county in which the home is located for an 1,158
order enjoining any person from operating a home without a 1,159
license OR ENJOINING A COUNTY HOME OR DISTRICT HOME THAT HAS HAD 1,160
ITS LICENSE REVOKED FROM CONTINUING TO OPERATE. The court shall 1,161
have jurisdiction to grant such injunctive relief upon a showing 1,163
that the respondent named in the petition is operating a home 1,164
without a license OR THAT THE COUNTY HOME OR DISTRICT HOME NAMED 1,165
IN THE PETITION IS OPERATING DESPITE THE REVOCATION OF ITS
LICENSE. The court shall have jurisdiction to grant such 1,167
injunctive relief against the operation of a home without a VALID 1,168
license regardless of whether the home meets essential licensing 1,169
requirements.
(C) Unless the department of job and family services or 1,171
contracting agency has taken action under section 5111.51 of the 1,172
Revised Code to appoint a temporary manager or seek injunctive 1,173
relief, if, in the judgment of the director of health, real and 1,174
present danger exists at any home, the director may petition the 1,175
court of common pleas of the county in which the home is located 1,176
for such injunctive relief as is necessary to close the home, 1,177
transfer one or more occupants to other homes or other 1,178
appropriate care settings, or otherwise eliminate the real and 1,179
present danger. The court shall have the jurisdiction to grant 1,180
such injunctive relief upon a showing that there is real and 1,181
present danger.
(D)(1) If the director determines that real and present 1,183
danger exists at a home and elects not to immediately seek 1,184
injunctive relief under division (C) of this section, the 1,185
director may give written notice of proposed action to the home. 1,187
The notice shall specify all of the following: 1,188
(a) The nature of the conditions giving rise to the real 1,190
and present danger; 1,191
(b) The measures that the director determines the home 1,193
must take to respond to the conditions; 1,194
27
(c) The date on which the director intends to seek 1,196
injunctive relief under division (C) of this section if the 1,197
director determines that real and present danger exists at the 1,199
home.
(2) If the home notifies the director, within the time 1,201
specified pursuant to division (D)(1)(c) of this section, that it 1,202
believes the conditions giving rise to the real and present 1,203
danger have been substantially corrected, the director shall 1,204
conduct an inspection to determine whether real and present 1,205
danger exists. If the director determines on the basis of the 1,206
inspection that real and present danger exists, the director may 1,208
petition under division (C) of this section for injunctive 1,209
relief.
(E)(1) If in the judgment of the director of health 1,211
conditions exist at a home that will give rise to real and 1,212
present danger if not corrected, the director shall give written 1,213
notice of proposed action to the home. The notice shall specify 1,214
all of the following: 1,215
(a) The nature of the conditions giving rise to the 1,217
director's judgment; 1,218
(b) The measures that the director determines the home 1,220
must take to respond to the conditions; 1,221
(c) The date, which shall be no less than ten days after 1,223
the notice is delivered, on which the director intends to seek 1,224
injunctive relief under division (C) of this section if the 1,225
conditions are not substantially corrected and the director 1,226
determines that a real and present danger exists. 1,228
(2) If the home notifies the director, within the period 1,230
of time specified pursuant to division (E)(1)(c) of this section, 1,231
that the conditions giving rise to the director's determination 1,232
have been substantially corrected, the director shall conduct an 1,233
inspection. If the director determines on the basis of the 1,234
inspection that the conditions have not been corrected and a real 1,235
and present danger exists, the director may petition under 1,236
28
division (C) of this section for injunctive relief. 1,238
(F)(1) A court that grants injunctive relief under 1,240
division (C) of this section may also appoint a special master 1,241
who, subject to division (F)(2) of this section, shall have such 1,242
powers and authority over the home and length of appointment as 1,243
the court considers necessary. Subject to division (F)(2) of 1,244
this section, the salary of a special master and any costs 1,245
incurred by a special master shall be the obligation of the home. 1,246
(2) No special master shall enter into any employment 1,248
contract on behalf of a home, or purchase with the home's funds 1,249
any capital goods totaling more than ten thousand dollars, unless 1,250
the special master has obtained approval for the contract or 1,251
purchase from the home's operator or the court. 1,252
(G) If the director takes action under division (C), (D), 1,254
or (E) of this section, the director may also appoint employees 1,256
of the department of health to conduct on-site monitoring of the 1,257
home. Appointment of monitors is not subject to appeal under 1,258
Chapter 119. or any other section of the Revised Code. No 1,259
employee of a home for which monitors are appointed, no person 1,260
employed by the home within the previous two years, and no person 1,261
who currently has a consulting contract with the department or a 1,262
home, shall be appointed under this division. Every monitor 1,263
shall have the professional qualifications necessary to monitor 1,264
correction of the conditions that give rise to or, in the 1,265
director's judgment, will give rise to real and present danger. 1,266
The number of monitors present at a home at any given time shall 1,267
not exceed one for every fifty residents, or fraction thereof. 1,268
(H) On finding that the real and present danger for which 1,270
injunctive relief was granted under division (C) of this section 1,271
has been eliminated and that the home's operator has demonstrated 1,272
the capacity to prevent the real and present danger from 1,273
recurring, the court shall terminate its jurisdiction over the 1,274
home and return control and management of the home to the 1,275
operator. If the real and present danger cannot be eliminated 1,276
29
practicably within a reasonable time following appointment of a 1,277
special master, the court may order the special master to close 1,278
the home and transfer all residents to other homes or other 1,279
appropriate care settings. 1,280
(I) The director of health shall give notice of proposed 1,282
action under divisions (D) and (E) of this section to both of the 1,283
following: 1,284
(1) The home's administrator; 1,286
(2) If the home is operated by an organization described 1,288
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 1,289
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,290
1, as amended, the board of trustees of the organization; or, if 1,291
the home is not operated by such an organization, the owner of 1,292
the home. 1,293
Notices shall be delivered by certified mail or hand 1,295
delivery. If notices are mailed, they shall be addressed to the 1,296
persons specified in divisions (I)(1) and (2) of this section, as 1,297
indicated in the department of health's records. If they are 1,298
hand delivered, they shall be delivered to persons who would 1,299
reasonably appear to the average prudent person to have authority 1,300
to accept them. 1,301
(J) If ownership of a home is assigned or transferred to a 1,303
different person, the new owner is responsible and liable for 1,304
compliance with any notice of proposed action or order issued 1,305
under this section prior to the effective date of the assignment 1,306
or transfer. 1,307
Section 4. That all existing versions of section 3721.08 1,309
of the Revised Code are hereby repealed. 1,310
Section 5. Sections 3 and 4 of this act shall take effect 1,312
on July 1, 2000.