As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-HARTNETT-OGG-KRUPINSKI- 10
HOLLISTER-WINKLER-O'BRIEN-BRITTON-PERRY-BARRETT-GOODING- 12
J. BEATTY-VERICH-REDFERN-CALVERT-AMSTUTZ-METZGER
_________________________________________________________________
A B I L L
To amend sections 3721.01, 3721.02, 3721.021, 14
3721.03, 3721.07, 3721.08, 3721.09, 3721.99, 15
4723.02, and 4723.48 and to enact sections
3721.051 and 4723.481 of the Revised Code to 17
provide that a county home or district home may
be licensed as a residential care facility and, 18
if licensed, the laws and rules governing 19
residential care facilities apply to the home, to
permit a licensed practical nurse to perform 20
certain activities relating to intravenous 21
therapy, to make other changes in the law
governing intravenous therapy procedures 22
performed by licensed practical nurses, and to 23
maintain the provisions of this act on and after 24
July 1, 2000, by amending the version of section 25
3721.08 of the Revised Code that takes effect on
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 3721.01, 3721.02, 3721.021, 29
3721.03, 3721.07, 3721.08, 3721.09, 3721.99, 4723.02, and 4723.48 30
be amended and sections 3721.051 and 4723.481 of the Revised Code 31
be enacted to read as follows: 32
2
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 41
and 3721.99 of the Revised Code: 42
(1)(a) "Home" means an institution, residence, or facility 44
that provides, for a period of more than twenty-four hours, 45
whether for a consideration or not, accommodations to three or 46
more unrelated individuals who are dependent upon the services of 47
others, including a nursing home, residential care facility, home 48
for the aging, and the Ohio veterans' home. 49
(b) "Home" also means any BOTH OF THE FOLLOWING: 51
(i) ANY facility that a person, as defined in section 53
3702.51 of the Revised Code, proposes for certification as a 54
skilled nursing facility or nursing facility under Title XVIII or 55
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 56
U.S.C.A. 301, as amended, and for which a certificate of need, 57
other than a certificate to recategorize hospital beds as 58
described in section 3702.522 of the Revised Code or division 59
(R)(7)(d) of the version of section 3702.51 of the Revised Code 60
in effect immediately prior to April 20, 1995, has been granted 61
to the person under sections 3702.51 to 3702.62 of the Revised 62
Code after August 5, 1989;
(ii) A COUNTY HOME OR DISTRICT HOME THAT IS OR HAS BEEN 64
LICENSED AS A RESIDENTIAL CARE FACILITY. 65
(c) "Home" does not mean any of the following: 67
(i) Except as provided in division (A)(1)(b) of this 69
section, a public hospital or hospital as defined in section 70
3701.01 or 5122.01 of the Revised Code; 71
(ii) A residential facility for mentally ill persons as 73
defined under section 5119.22 of the Revised Code; 74
(iii) A residential facility as defined in section 5123.19 76
of the Revised Code; 77
(iv) A habilitation center as defined in section 5123.041 79
of the Revised Code; 80
(v) A community alternative home as defined in section 82
3724.01 of the Revised Code; 83
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(vi) An adult care facility as defined in section 3722.01 85
of the Revised Code; 86
(vii) An alcohol or drug addiction program as defined in 88
section 3793.01 of the Revised Code; 89
(viii) A facility licensed to provide methadone treatment 91
under section 3793.11 of the Revised Code; 92
(ix) A facility providing services under contract with the 94
department of mental retardation and developmental disabilities 95
under section 5123.18 of the Revised Code; 96
(x) A facility operated by a hospice care program licensed 98
under section 3712.04 of the Revised Code that is used 99
exclusively for care of hospice patients; 100
(xi) A facility, infirmary, or other entity that is 103
operated by a religious order, provides care exclusively to 104
members of religious orders who take vows of celibacy and live by 105
virtue of their vows within the orders as if related, and does 106
not participate in the medicare program established under Title 107
XVIII of the "Social Security Act" or the medical assistance 108
program established under Chapter 5111. of the Revised Code and 109
Title XIX of the "Social Security Act," if on January 1, 1994, 110
the facility, infirmary, or entity was providing care exclusively 111
to members of the religious order;
(xii) A COUNTY HOME OR DISTRICT HOME THAT HAS NEVER BEEN 113
LICENSED AS A RESIDENTIAL CARE FACILITY. 114
(2) "Unrelated individual" means one who is not related to 116
the owner or operator of a home or to the spouse of the owner or 118
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or 119
uncle.
(3) "Mental impairment" does not mean mental illness as 121
defined in section 5122.01 of the Revised Code or mental 122
retardation as defined in section 5123.01 of the Revised Code. 123
(4) "Skilled nursing care" means procedures that require 125
technical skills and knowledge beyond those the untrained person 126
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possesses and that are commonly employed in providing for the 127
physical, mental, and emotional needs of the ill or otherwise 128
incapacitated. "Skilled nursing care" includes, but is not 129
limited to, the following: 130
(a) Irrigations, catheterizations, application of 132
dressings, and supervision of special diets; 133
(b) Objective observation of changes in the patient's 135
condition as a means of analyzing and determining the nursing 136
care required and the need for further medical diagnosis and 137
treatment; 138
(c) Special procedures contributing to rehabilitation; 140
(d) Administration of medication by any method ordered by 142
a physician, such as hypodermically, rectally, or orally, 143
including observation of the patient after receipt of the 144
medication; 145
(e) Carrying out other treatments prescribed by the 147
physician that involve a similar level of complexity and skill in 148
administration. 149
(5)(a) "Personal care services" means services including, 151
but not limited to, the following: 152
(i) Assisting residents with activities of daily living; 154
(ii) Assisting residents with self-administration of 156
medication, in accordance with rules adopted under section 157
3721.04 of the Revised Code; 158
(iii) Preparing special diets, other than complex 160
therapeutic diets, for residents pursuant to the instructions of 161
a physician or a licensed dietitian, in accordance with rules 162
adopted under section 3721.04 of the Revised Code. 163
(b) "Personal care services" does not include "skilled 165
nursing care" as defined in division (A)(4) of this section. A 166
facility need not provide more than one of the services listed in 167
division (A)(5)(a) of this section to be considered to be 168
providing personal care services. 169
(6) "Nursing home" means a home used for the reception and 171
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care of individuals who by reason of illness or physical or 172
mental impairment require skilled nursing care and of individuals 173
who require personal care services but not skilled nursing care. 174
A nursing home is licensed to provide personal care services and 175
skilled nursing care. 176
(7) "Residential care facility" means a home that provides 178
either of the following: 179
(a) Accommodations for seventeen or more unrelated 181
individuals and supervision and personal care services for three 182
or more of those individuals who are dependent on the services of 183
others by reason of age or physical or mental impairment; 184
(b) Accommodations for three or more unrelated 186
individuals, supervision and personal care services for at least 187
three of those individuals who are dependent on the services of 188
others by reason of age or physical or mental impairment, and, to 189
at least one of those individuals, any of the skilled nursing 190
care authorized by section 3721.011 of the Revised Code. 191
(8) "Home for the aging" means a home that provides 193
services as a residential care facility and a nursing home, 194
except that the home provides its services only to individuals 195
who are dependent on the services of others by reason of both age 196
and physical or mental impairment.
The part or unit of a home for the aging that provides 198
services only as a residential care facility is licensed as a 199
residential care facility. The part or unit that may provide 200
skilled nursing care beyond the extent authorized by section 201
3721.011 of the Revised Code is licensed as a nursing home. 202
(9) "COUNTY HOME" AND "DISTRICT HOME" MEAN A COUNTY HOME 204
OR DISTRICT HOME OPERATED UNDER CHAPTER 5155. OF THE REVISED 206
CODE.
(B) The public health council may further classify homes. 208
For the purposes of this chapter, any residence, institution, 209
hotel, congregate housing project, or similar facility that meets 210
the definition of a home under this section is such a home 211
6
regardless of how the facility holds itself out to the public. 212
(C) For purposes of this chapter, personal care services 214
or skilled nursing care shall be considered to be provided by a 215
facility if they are provided by a person employed by or 216
associated with the facility or by another person pursuant to an 217
agreement to which neither the resident who receives the services 218
nor his THE RESIDENT'S sponsor is a party. 219
(D) Nothing in division (A)(4) of this section shall be 221
construed to permit skilled nursing care to be imposed on an 222
individual who does not require skilled nursing care. 223
Nothing in division (A)(5) of this section shall be 225
construed to permit personal care services to be imposed on an 226
individual who is capable of performing the activity in question 227
without assistance. 228
(E) Division (A)(1)(c)(xi) of this section does not 230
prohibit a facility, infirmary, or other entity described in that 231
division from seeking licensure under sections 3721.01 to 3721.09 233
of the Revised Code or certification under Title XVIII or XIX of 234
the "Social Security Act." However, such a facility, infirmary, 235
or entity that applies for licensure or certification must meet 236
the requirements of those sections or titles and the rules 237
adopted under them and obtain a certificate of need from the 238
director of health under section 3702.52 of the Revised Code. 239
(F) Nothing in this chapter, or rules adopted pursuant to 241
it, shall be construed as authorizing the supervision, 242
regulation, or control of the spiritual care or treatment of 243
residents or patients in any home who rely upon treatment by 244
prayer or spiritual means in accordance with the creed or tenets 245
of any recognized church or religious denomination. 246
Sec. 3721.02. The director of health shall license homes 255
and establish procedures to be followed in inspecting and 256
licensing homes. The director may inspect a home at any time. 257
Each home shall be inspected by the director at least once prior 258
to the issuance of a license and at least once every fifteen 259
7
months thereafter. The state fire marshal or a township, 260
municipal, or other legally constituted fire department approved 261
by the marshal shall also inspect a home prior to issuance of a 262
license, at least once every fifteen months thereafter, and at 263
any other time requested by the director. A home does not have 264
to be inspected prior to issuance of a license by the director, 265
state fire marshal, or a fire department if ownership of the home 266
is assigned or transferred to a different person and the home was 267
licensed under this chapter immediately prior to the assignment 268
or transfer. The director may enter at any time, for the 269
purposes of investigation, any institution, residence, facility, 270
or other structure which has been reported to the director or 271
that the director has reasonable cause to believe is operating as 272
a, nursing home, residential care facility, or home for the aging 274
without a valid license REQUIRED BY SECTION 3721.05 OF THE 275
REVISED CODE OR, IN THE CASE OF A COUNTY HOME OR DISTRICT HOME, 276
IS OPERATING DESPITE THE REVOCATION OF ITS RESIDENTIAL CARE 277
FACILITY LICENSE. The director may delegate his THE DIRECTOR'S 278
authority and duties under this chapter to any division, bureau, 281
agency, or official of the department of health. 282
A single facility may be licensed both as a nursing home 284
pursuant to this chapter and as an adult care facility pursuant 285
to Chapter 3722. of the Revised Code if the director determines 286
that the part or unit to be licensed as a nursing home can be 287
maintained separate and discrete from the part or unit to be 288
licensed as an adult care facility. 289
In determining the number of residents in a home for the 291
purpose of licensing, the director shall consider all the 292
individuals for whom the home provides accommodations as one 293
group unless one of the following is the case: 294
(A) The home is a home for the aging, in which case all 296
the individuals in the part or unit licensed as a nursing home 297
shall be considered as one group and all the individuals in the 298
part or unit licensed as a rest home shall be considered as 299
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another group; 300
(B) The home is both a nursing home and an adult care 302
facility. In that case, all the individuals in the part or unit 303
licensed as a nursing home shall be considered as one group and 304
all the individuals in the part or unit licensed as an adult care 305
facility shall be considered as another group. 306
(C) The home maintains, in addition to a nursing home or 308
residential care facility, a separate and discrete part or unit 310
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care 311
services from the home, in which case the individuals in the 312
separate and discrete part or unit shall not be considered in 313
determining the number of residents in the home if the separate 314
and discrete part or unit is in compliance with the Ohio basic 315
building code established by the board of building standards 316
under Chapters 3781. and 3791. of the Revised Code and the home 317
permits the director, on request, to inspect the separate and 318
discrete part or unit and speak with the individuals residing 319
there, if they consent, to determine whether the separate and 320
discrete part or unit meets the requirements of this division. 321
The director of health shall charge an application fee and 323
an annual renewal licensing and inspection fee of one hundred 324
dollars for each fifty persons or part thereof of a home's 325
licensed capacity. All fees collected by the director for the 326
issuance or renewal of licenses shall be deposited into the state 327
treasury to the credit of the general operations fund created in 328
section 3701.83 of the Revised Code for use only in administering 329
and enforcing this chapter and rules adopted under it. 330
Sec. 3721.021. Every person who operates a home, as 339
defined in section 3721.01 of the Revised Code, AND EACH COUNTY 341
HOME AND DISTRICT HOME LICENSED AS A RESIDENTIAL CARE FACILITY 342
shall have available in the home for review by prospective 343
patients and residents, their guardians, or other persons
assisting in their placement, each inspection report completed 344
9
pursuant to section 3721.02 of the Revised Code and each 345
statement of deficiencies and plan of correction completed and 346
made available to the public under Titles XVIII and XIX of the 347
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 348
amended, and any rules promulgated under Titles XVIII and XIX,
including such reports that result from life safety code and 349
health inspections during the preceding three years, and shall 350
post prominently within the home a notice of this requirement. 351
Sec. 3721.03. The director of health shall enforce the 361
provisions of sections 3721.01 to 3721.09 and 3721.99 of the 362
Revised Code and may issue orders to secure compliance with the 363
provisions of these sections and the rules adopted under them. He 365
THE DIRECTOR may hold hearings, issue subpoenas, compel
testimony, and make adjudications. In the event the director 367
finds, upon hearing or opportunity afforded therefor, that any 368
person, firm, partnership, association, or corporation, COUNTY 369
HOME, OR DISTRICT HOME licensed under section 3721.07 of the 371
Revised Code is in violation of any of the provisions of Chapter 372
3721. of the Revised Code or rules adopted by the public health 373
council under it; is in violation of any order issued by the 374
director; is not, or any of its principals are not suitable, 375
morally or financially to operate such an institution; or is not 376
furnishing humane, kind, and adequate treatment and care, the 377
director may issue an order revoking the license previously 378
issued by him THE DIRECTOR. Upon the issuance of any order of 380
revocation, the person whose license is revoked, OR THE COUNTY
HOME OR DISTRICT HOME THAT HAS ITS LICENSE REVOKED, may appeal in 381
accordance with Chapter 119. of the Revised Code. 382
The state fire marshal shall enforce all statutes and rules 384
pertaining to fire safety in homes and shall adopt rules 385
pertaining to fire safety in homes as he THE MARSHAL determines 386
necessary. The rules adopted by the marshal shall be in addition 388
to those fire safety rules that the board of building standards 389
and the public health council are empowered to adopt and shall be 390
10
adopted prior to December 31, 1972. In the event of a dispute 391
between the marshal and another officer having responsibilities 392
under sections 3721.01 to 3721.09 of the Revised Code with 393
respect to the interpretation or application of a specific fire 394
safety statute or rule, the interpretation of the marshal shall 395
prevail.
If the ownership of a home is assigned or tranferred 397
TRANSFERRED to a different person, the new owner is responsible 398
and liable for compliance with any notice of proposed action or 399
order issued under this section in accordance with Chapter 119. 400
of the Revised Code prior to the effective date of the assignment 401
or transfer.
Sec. 3721.051. NO COUNTY HOME OR DISTRICT HOME LICENSED 403
UNDER SECTION 3721.07 OF THE REVISED CODE SHALL DO ANY OF THE 404
FOLLOWING: 405
(A) VIOLATE ANY OF THE CONDITIONS OR REQUIREMENTS 407
NECESSARY FOR LICENSING AFTER THE LICENSE HAS BEEN ISSUED; 408
(B) CONTINUE OPERATION AFTER ITS LICENSE HAS BEEN REVOKED 410
BY THE DIRECTOR OF HEALTH; 411
(C) FAIL TO BE OPEN FOR AN INSPECTION, OR INTERFERE WITH 413
AN INSPECTION, BY A STATE OR LOCAL OFFICIAL PERFORMING INSPECTION 414
DUTIES UNDER CHAPTER 3721. OF THE REVISED CODE; 415
(D) VIOLATE ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY 418
RULES ADOPTED THEREUNDER.
Sec. 3721.07. Every person desiring to operate a home AND 428
THE SUPERINTENDENT OR ADMINISTRATOR OF EACH COUNTY HOME OR
DISTRICT HOME FOR WHICH A LICENSE AS A RESIDENTIAL CARE FACILITY 429
IS SOUGHT shall apply for a license to the director of health. 430
The director shall issue a license for the home, if after 431
investigation of the applicant and, if required by section 432
3721.02 of the Revised Code, inspection of the home, the 433
following requirements or conditions are satisfied or complied 434
with: 435
(A) The applicant has not been convicted of a felony or a 437
11
crime involving moral turpitude; 438
(B) The applicant is not violating any of the rules made 440
by the public health council or any order issued by the director 441
of health; 442
(C) The buildings in which the home is housed have been 444
approved by the state fire marshal or a township, municipal, or 445
other legally constituted fire department approved by the 446
marshal. In the approval of a home such agencies shall apply 447
standards prescribed by the board of building standards, and by 448
the state fire marshal, and by section 3721.071 of the Revised 449
Code. 450
(D) The applicant, if it is an individual, or the 452
principal participants, if it is an association or a corporation, 453
is or are suitable financially and morally to operate a home; 454
(E) The applicant is equipped to furnish humane, kind, and 456
adequate treatment and care; 457
(F) The home does not maintain or contain: 459
(1) Facilities for the performance of major surgical 461
procedures; 462
(2) Facilities for providing therapeutic radiation; 464
(3) An emergency ward; 466
(4) A clinical laboratory unless it is under the 468
supervision of a clinical pathologist who is a licensed physician 469
in this state; 470
(5) Facilities for radiological examinations unless such 472
examinations are performed only by a person licensed to practice 473
medicine, surgery, or dentistry in this state. 474
(G) The home does not accept or treat outpatients, except 476
upon the written orders of a physician licensed in this state, 477
maternity cases, boarding children, and does not house transient 478
guests, other than participants in an adult day-care program, for 479
twenty-four hours or less; 480
(H) The home is in compliance with sections 3721.28 and 482
3721.29 of the Revised Code. 483
12
When the director issues a license, the license shall 485
remain in effect until revoked by the director or voided at the 486
request of the applicant; provided, there shall be an annual 487
renewal fee payable during the month of January of each calendar 488
year. Any licensed home that does not pay its renewal fee in 489
January shall pay, beginning the first day of February, a late 491
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 492
fee is not paid by the fifteenth day of February, the director 494
may, in accordance with Chapter 119. of the Revised Code, revoke
the home's license. 495
A person whose license is revoked, AND A COUNTY HOME OR 497
DISTRICT HOME THAT HAS ITS LICENSE AS A RESIDENTIAL CARE FACILITY 498
REVOKED, for any reason other than nonpayment of the license 500
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 502
revocation has elapsed. 503
Any applicant who is denied a license may appeal in 505
accordance with Chapter 119. of the Revised Code. 506
Sec. 3721.08. (A) As used in this section, "real and 515
present danger" means imminent danger of serious physical or 516
life-threatening harm to one or more occupants of a home. 517
(B) The director of health may petition the court of 519
common pleas of the county in which the home is located for an 520
order enjoining any person from operating a home without a 521
license OR ENJOINING A COUNTY HOME OR DISTRICT HOME THAT HAS HAD 522
ITS LICENSE REVOKED FROM CONTINUING TO OPERATE. The court shall 523
have jurisdiction to grant such injunctive relief upon a showing 525
that the respondent named in the petition is operating a home 526
without a license OR THAT THE COUNTY HOME OR DISTRICT HOME NAMED 527
IN THE PETITION IS OPERATING DESPITE THE REVOCATION OF ITS
LICENSE. The court shall have jurisdiction to grant such 529
injunctive relief against the operation of a home without a VALID 530
license regardless of whether the home meets essential licensing 531
13
requirements.
(C) Unless the department of human services or contracting 533
agency has taken action under section 5111.51 of the Revised Code 534
to appoint a temporary manager or seek injunctive relief, if, in 535
the judgment of the director of health, real and present danger 536
exists at any home, the director may petition the court of common 537
pleas of the county in which the home is located for such 538
injunctive relief as is necessary to close the home, transfer one 539
or more occupants to other homes or other appropriate care 540
settings, or otherwise eliminate the real and present danger. The 542
court shall have the jurisdiction to grant such injunctive relief 543
upon a showing that there is real and present danger.
(D)(1) If the director determines that real and present 545
danger exists at a home and elects not to immediately seek 546
injunctive relief under division (C) of this section, he THE 547
DIRECTOR may give written notice of proposed action to the home. 549
The notice shall specify all of the following: 550
(a) The nature of the conditions giving rise to the real 552
and present danger; 553
(b) The measures that the director determines the home 555
must take to respond to the conditions; 556
(c) The date on which the director intends to seek 558
injunctive relief under division (C) of this section if he THE 559
DIRECTOR determines that real and present danger exists at the 561
home.
(2) If the home notifies the director, within the time 563
specified pursuant to division (D)(1)(c) of this section, that it 564
believes the conditions giving rise to the real and present 565
danger have been substantially corrected, the director shall 566
conduct an inspection to determine whether real and present 567
danger exists. If the director determines on the basis of the 568
inspection that real and present danger exists, he THE DIRECTOR 569
may petition under division (C) of this section for injunctive 571
relief.
14
(E)(1) If in the judgment of the director of health 573
conditions exist at a home that will give rise to real and 574
present danger if not corrected, the director shall give written 575
notice of proposed action to the home. The notice shall specify 576
all of the following: 577
(a) The nature of the conditions giving rise to the 579
director's judgment; 580
(b) The measures that the director determines the home 582
must take to respond to the conditions; 583
(c) The date, which shall be no less than ten days after 585
the notice is delivered, on which the director intends to seek 586
injunctive relief under division (C) of this section if the 587
conditions are not substantially corrected and he THE DIRECTOR 588
determines that a real and present danger exists. 590
(2) If the home notifies the director, within the period 592
of time specified pursuant to division (E)(1)(c) of this section, 593
that the conditions giving rise to the director's determination 594
have been substantially corrected, the director shall conduct an 595
inspection. If the director determines on the basis of the 596
inspection that the conditions have not been corrected and a real 597
and present danger exists, he THE DIRECTOR may petition under 598
division (C) of this section for injunctive relief. 600
(F)(1) A court that grants injunctive relief under 602
division (C) of this section may also appoint a special master 603
who, subject to division (F)(2) of this section, shall have such 604
powers and authority over the home and length of appointment as 605
the court considers necessary. Subject to division (F)(2) of 606
this section, the salary of a special master and any costs 607
incurred by a special master shall be the obligation of the home. 608
(2) No special master shall enter into any employment 610
contract on behalf of a home, or purchase with the home's funds 611
any capital goods totaling more than ten thousand dollars, unless 612
the special master has obtained approval for the contract or 613
purchase from the home's operator or the court. 614
15
(G) If the director takes action under division (C), (D), 616
or (E) of this section, he THE DIRECTOR may also appoint 617
employees of the department of health to conduct on-site 619
monitoring of the home. Appointment of monitors is not subject to 620
appeal under Chapter 119. or any other section of the Revised 621
Code. No employee of a home for which monitors are appointed, no 622
person employed by the home within the previous two years, and no 623
person who currently has a consulting contract with the 624
department or a home, shall be appointed under this division. 625
Every monitor shall have the professional qualifications 626
necessary to monitor correction of the conditions that give rise 627
to or, in the director's judgment, will give rise to real and 628
present danger. The number of monitors present at a home at any 629
given time shall not exceed one for every fifty residents, or 630
fraction thereof.
(H) On finding that the real and present danger for which 632
injunctive relief was granted under division (C) of this section 633
has been eliminated and that the home's operator has demonstrated 634
the capacity to prevent the real and present danger from 635
recurring, the court shall terminate its jurisdiction over the 636
home and return control and management of the home to the 637
operator. If the real and present danger cannot be eliminated 638
practicably within a reasonable time following appointment of a 639
special master, the court may order the special master to close 640
the home and transfer all residents to other homes or other 641
appropriate care settings. 642
(I) The director of health shall give notice of proposed 644
action under divisions (D) and (E) of this section to both of the 645
following: 646
(1) The home's administrator; 648
(2) If the home is operated by an organization described 650
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 651
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 652
1, as amended, the board of trustees of the organization; or, if 653
16
the home is not operated by such an organization, the owner of 654
the home. 655
Notices shall be delivered by certified mail or hand 657
delivery. If notices are mailed, they shall be addressed to the 658
persons specified in divisions (I)(1) and (2) of this section, as 659
indicated in the department of health's records. If they are 660
hand delivered, they shall be delivered to persons who would 661
reasonably appear to the average prudent person to have authority 662
to accept them. 663
(J) If ownership of a home is assigned or transferred to a 665
different person, the new owner is responsible and liable for 666
compliance with any notice of proposed action or order issued 667
under this section prior to the effective date of the assignment 668
or transfer. 669
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000. 671
Sec. 3721.09. Sections 3721.02, 3721.03, 3721.04, 3721.05, 680
3721.051, 3721.07, and 3721.08 of the Revised Code and the 682
regulations adopted pursuant thereto are not applicable in 683
political subdivisions which the the director of health, by 684
annual certification, determines have adopted and are enforcing 685
their own standards which are equal to or greater in their 686
requirements than those of sections 3721.02, 3721.03, 3721.04, 687
3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and 689
the regulations adopted pursuant thereto. Officials of political 690
subdivisions shall cooperate fully with the director and provide
him THE DIRECTOR with information which he THE DIRECTOR finds 692
necessary in order to make a determination. 693
Sec. 3721.99. (A) Whoever violates section 3721.021, 702
division (B), (D), or (E) of section 3721.05, DIVISION (A), (C), 704
OR (D) OF SECTION 3721.051, section 3721.06, division (A) of 705
section 3721.22, division (A) or (B) of section 3721.24, or 706
division (E) or (F) of section 3721.30 of the Revised Code shall 707
be fined one hundred dollars for a first offense. For each 708
subsequent offense, the violator shall be fined five hundred
17
dollars. 709
(B) Whoever violates division (A) or (C) of section 711
3721.05 OR DIVISION (B) OF SECTION 3721.051 of the Revised Code 713
shall be fined five thousand dollars for a first offense. For 714
each subsequent offense, the violator shall be fined ten thousand 715
dollars.
(C) Whoever violates division (D) of section 3721.031 or 717
division (E) of section 3721.22 of the Revised Code is guilty of 718
registering a false complaint, a misdemeanor of the first degree. 719
Sec. 4723.02. As used in this chapter: 728
(A) "Registered nurse" means an individual who holds a 730
current, valid license issued under this chapter that authorizes 731
the practice of nursing as a registered nurse. 732
(B) "Practice of nursing as a registered nurse" means 734
providing to individuals and groups nursing care requiring 735
specialized knowledge, judgment, and skill derived from the 736
principles of biological, physical, behavioral, social, and 737
nursing sciences. Such nursing care includes: 738
(1) Identifying patterns of human responses to actual or 740
potential health problems amenable to a nursing regimen; 741
(2) Executing a nursing regimen through the selection, 743
performance, management, and evaluation of nursing actions; 744
(3) Assessing health status for the purpose of providing 746
nursing care; 747
(4) Providing health counseling and health teaching; 749
(5) Administering medications, treatments, and executing 751
regimens prescribed by licensed physicians; dentists; 753
optometrists; podiatrists; or, until January 1, 2010, advanced 755
practice nurses authorized to prescribe under section 4723.56 of 756
the Revised Code;
(6) Teaching, administering, supervising, delegating, and 758
evaluating nursing practice. 759
(C) "Nursing regimen" may include preventative, 761
restorative, and health promotion activities. 762
18
(D) "Assessing health status" means the collection of data 764
through nursing assessment techniques, which may include 765
interviews, observation, and physical evaluations for the purpose 766
of providing nursing care. 767
(E) "Licensed practical nurse" means an individual who 769
holds a current, valid license issued under this chapter that 770
authorizes the practice of nursing as a licensed practical nurse. 771
(F) "The practice of nursing as a licensed practical 773
nurse" means providing to individuals and groups nursing care 774
requiring the application of basic knowledge of the biological, 775
physical, behavioral, social, and nursing sciences at the 776
direction of a licensed physician, dentist, podiatrist, 777
optometrist, or registered nurse. Such nursing care includes: 778
(1) Observation, patient teaching, and care in a diversity 780
of health care settings; 781
(2) Contributions to the planning, implementation, and 783
evaluation of nursing; 784
(3) Administration of medications and treatments 786
prescribed by a licensed physician; dentist; optometrist; 788
podiatrist; or, until January 1, 2010, an advanced practice nurse 790
authorized to prescribe under section 4723.56 of the Revised 791
Code, except that administration of intravenous therapy shall be 792
performed only in accordance with section 4723.48 OR 4723.481 of 793
the Revised Code. Medications may be administered by a licensed 794
practical nurse upon proof of completion of a course in 795
medication administration approved by the board of nursing. 796
(4) Administration to an adult of intravenous therapy 798
prescribed by a licensed physician; dentist; optometrist; 799
podiatrist; or, until January 1, 2010, an advanced practice nurse 800
authorized to prescribe under section 4723.56 of the Revised 801
Code, on the condition that the licensed practical nurse is 803
authorized by the board of nursing pursuant to UNDER section 804
4723.48 OR 4723.481 of the Revised Code to perform intravenous 806
therapy and performs intravenous therapy only in accordance with 808
19
section 4723.48 of the Revised Code THOSE SECTIONS. 809
(G) "Certified registered nurse anesthetist" means a 811
registered nurse who holds a valid certificate of authority 812
issued under this chapter that authorizes the practice of nursing 813
as a certified registered nurse anesthetist in accordance with 814
section 4723.43 of the Revised Code and rules adopted by the 815
board of nursing. 816
(H) "Clinical nurse specialist" means a registered nurse 819
who holds a valid certificate of authority issued under this 820
chapter that authorizes the practice of nursing as a clinical 821
nurse specialist in accordance with section 4723.43 of the 822
Revised Code and rules adopted by the board of nursing. 823
(I) "Certified nurse-midwife" means a registered nurse who 825
holds a valid certificate of authority issued under this chapter 826
that authorizes the practice of nursing as a certified 827
nurse-midwife in accordance with section 4723.43 of the Revised 828
Code and rules adopted by the board of nursing. 829
(J) "Certified nurse practitioner" means a registered 831
nurse who holds a valid certificate of authority issued under 832
this chapter that authorizes the practice of nursing as a 833
certified nurse practitioner in accordance with section 4723.43 834
of the Revised Code and rules adopted by the board of nursing. 836
(K) "Physician" means an individual who holds a 839
certificate issued under Chapter 4731. of the Revised Code 841
authorizing the practice of medicine and surgery or osteopathic 843
medicine and surgery and is practicing in this state. 844
(L) "Dentist" means an individual who is licensed under 847
Chapter 4715. of the Revised Code to practice dentistry and is 848
practicing in this state. 849
(M) "Podiatrist" means an individual who holds a 852
certificate issued under Chapter 4731. of the Revised Code 853
authorizing the practice of podiatry and is practicing in this 854
state.
(N) "Collaboration" or "collaborating" means the 856
20
following: 857
(1) In the case of a clinical nurse specialist, except as 860
provided in division (N)(3) of this section, or a certified nurse
practitioner, that a podiatrist acting within the podiatrist's 861
scope of practice in accordance with section 4731.51 of the 862
Revised Code and with whom the nurse has entered into a standard 864
care arrangement or physician with whom the nurse has entered
into a standard care arrangement is continuously available to 866
communicate with the clinical nurse specialist or certified nurse 867
practitioner either in person or by radio, telephone, or other 868
form of telecommunication;
(2) In the case of a certified nurse-midwife, that a 870
physician with whom the certified nurse-midwife has entered into 871
a standard care arrangement is continuously available to 872
communicate with the certified nurse-midwife either in person or 873
by radio, telephone, or other form of telecommunication; 874
(3) In the case of a clinical nurse specialist whose 876
nursing specialty is mental health or psychiatric mental health, 877
that a physician is continuously available to communicate with 879
the nurse either in person or by radio, telephone, or other form 880
of telecommunication.
(O) "Supervision" means that a certified registered nurse 883
anesthetist is under the direction of a podiatrist acting within 884
the podiatrist's scope of practice in accordance with section
4731.51 of the Revised Code, a dentist acting within the 886
dentist's scope of practice in accordance with Chapter 4715. of 888
the Revised Code, or a physician, and, when administering 889
anesthesia, the certified registered nurse anesthetist is in the 890
immediate presence of the podiatrist, dentist, or physician. 891
(P) "Standard care arrangement" means a written, formal 894
guide for planning and evaluating a patient's health care that is 895
developed by a collaborating physician or podiatrist and a
clinical nurse specialist, certified nurse-midwife, or certified 896
nurse practitioner and meets the requirements of section 4723.431 897
21
of the Revised Code. 898
Sec. 4723.48. (A) The board of nursing may authorize a 908
licensed practical nurse to administer to an adult intravenous 909
therapy prescribed by a licensed physician; dentist; optometrist; 911
podiatrist; or, until January 1, 2010, an advanced practice nurse 912
authorized to prescribe under section 4723.56 of the Revised 913
Code, if all of the following are true of the licensed practical
nurse: 914
(1) The nurse has a current, valid license issued under 916
this chapter that includes authorization to administer 917
medications.
(2) The nurse has successfully completed a course in 919
intravenous administration approved by the board of nursing that 920
includes both of the following: 921
(a) A minimum of forty hours of training that includes all 923
of the following: 924
(i) The curriculum established by rules adopted by the 926
board of nursing and in effect on January 1, 1999; 928
(ii) Training in the anatomy and physiology of the 930
cardiovascular system, signs and symptoms of local and systemic 931
complications in the administration of fluids and antibiotic 933
additives, and guidelines for management of these complications; 934
(iii) Any other training or instruction the board 936
considers appropriate. 937
(b) A testing component that includes THE SUCCESSFUL 939
PERFORMANCE OF three venipunctures supervised by a physician or 941
registered nurse in a health care setting. 942
(B) A EXCEPT AS PROVIDED IN SECTION 4723.481 OF THE 944
REVISED CODE, A licensed practical nurse may perform intravenous 945
therapy only if authorized by the board of nursing pursuant to 948
division (A) of this section and only if it is performed in 950
accordance with this section.
A licensed practical nurse authorized BY THE BOARD to 952
perform intravenous therapy may perform an intravenous therapy 953
22
procedure only at the direction of one of the following: 954
(1) A licensed physician, dentist, optometrist, or 956
podiatrist who, except as provided in division (C)(2) of this 957
section, is present and readily available at the facility where 959
the intravenous therapy procedure is performed; 960
(2) A registered nurse in accordance with division (C) of 963
this section.
(C)(1) Except as provided in division (C)(2) of this 966
section AND SECTION 4723.481 OF THE REVISED CODE, when a licensed 967
practical nurse authorized BY THE BOARD to perform intravenous 969
therapy performs an intravenous therapy procedure at the 970
direction of a registered nurse, the registered nurse or another 972
registered nurse shall be readily available at the site where the 974
intravenous therapy is performed, and before the licensed 975
practical nurse initiates the intravenous therapy, the registered 976
nurse shall personally perform an on-site assessment of the 977
individual who is to receive the intravenous therapy.
(2) When a licensed practical nurse authorized BY THE 979
BOARD to perform intravenous therapy performs an intravenous 980
therapy procedure in a home as defined in section 3721.10 of the 981
Revised Code, or in an intermediate care facility for the 982
mentally retarded as defined in section 5111.20 of the Revised 983
Code, at the direction of a registered nurse or licensed 985
physician, dentist, optometrist, or podiatrist, a registered 986
nurse shall be on the premises of the home or facility or 987
accessible by some form of telecommunication.
(D) No licensed practical nurse shall perform any of the 989
following intravenous therapy procedures: 990
(1) Initiating or maintaining any of the following: 992
(a) Blood or blood components; 994
(b) Solutions for total parenteral nutrition; 996
(c) Any cancer therapeutic medication including, but not 998
limited to, cancer chemotherapy or an anti-neoplastic agent; 999
(d) Solutions administered through any central venous line 1,001
23
or arterial line or any other line that does not terminate in a 1,003
peripheral vein, except that a licensed practical nurse 1,004
AUTHORIZED BY THE BOARD TO PERFORM INTRAVENOUS THERAPY may 1,005
maintain the solutions specified in division (D)(6)(a) of this 1,006
section that are being administered through a central venous line 1,008
or peripherally inserted central catheter; 1,009
(e) Any investigational or experimental medication. 1,011
(2) Initiating intravenous therapy in any vein other than, 1,013
EXCEPT THAT A LICENSED PRACTICAL NURSE AUTHORIZED BY THE BOARD TO 1,015
PERFORM INTRAVENOUS THERAPY MAY INITIATE INTRAVENOUS THERAPY IN
ACCORDANCE WITH THIS SECTION IN a vein of the hand, forearm, or 1,018
antecubital fossa;
(3) Discontinuing a central venous, arterial, or any other 1,020
line that does not terminate in a peripheral vein; 1,021
(4) Initiating or discontinuing a peripherally inserted 1,023
central catheter; 1,024
(5) Mixing, preparing, or reconstructing RECONSTITUTING 1,026
any medication for intravenous therapy, except that a licensed 1,028
practical nurse authorized BY THE BOARD to perform intravenous 1,029
therapy may prepare or reconstitute an antibiotic additive; 1,031
(6) Administering medication via the intravenous route, 1,033
including all of the following ACTIVITIES: 1,034
(a) Adding medication to an intravenous solution or to an 1,036
existing infusion, except that a licensed practical nurse 1,038
authorized BY THE BOARD to administer PERFORM intravenous therapy 1,039
may initiate DO EITHER OF THE FOLLOWING: 1,040
(i) INITIATE an intravenous infusion containing one or 1,042
more of the following elements: 1,044
(i) Dextrose DEXTROSE 5%; 1,046
(ii) Normal NORMAL saline; 1,048
(iii) Lactated LACTATED ringers; 1,050
(iv) Sodium SODIUM chloride .45%; 1,052
(v) Sodium SODIUM chloride 0.2%; 1,054
(vi) Water STERILE WATER. 1,057
24
(ii) HANG SUBSEQUENT CONTAINERS OF THE INTRAVENOUS 1,059
SOLUTIONS SPECIFIED IN DIVISION (D)(6)(a) OF THIS SECTION THAT 1,062
CONTAIN VITAMINS OR ELECTROLYTES, IF A REGISTERED NURSE INITIATED 1,063
THE INFUSION OF THAT SAME INTRAVENOUS SOLUTION. 1,064
(b) Initiating or maintaining an intravenous piggyback 1,066
infusion, except that a licensed practical nurse authorized BY 1,067
THE BOARD to administer PERFORM intravenous therapy may initiate 1,068
or maintain an intravenous piggyback infusion containing an 1,070
antibiotic additive;
(c) Injecting medication via a direct intravenous route, 1,072
except that a licensed practical nurse authorized BY THE BOARD to 1,073
administer PERFORM intravenous therapy may inject heparin or 1,075
normal saline to flush an intermittent infusion device or heparin 1,076
lock including, but not limited to, bolus or push. 1,077
(7) Aspirating any intravenous line to maintain patency; 1,079
(8) Changing tubing on any line other than one that 1,081
terminates in a peripheral vein including, but not limited to, an 1,082
arterial line or a central venous line, EXCEPT THAT A LICENSED 1,083
PRACTICAL NURSE AUTHORIZED BY THE BOARD TO PERFORM INTRAVENOUS 1,084
THERAPY MAY CHANGE TUBING ON AN INTRAVENOUS LINE THAT TERMINATES 1,085
IN A PERIPHERAL VEIN;
(9) Programming or setting any function of a patient 1,087
controlled infusion pump. 1,088
(E) Notwithstanding division (D) of this section, at the 1,091
direction of a licensed physician or a registered nurse, a 1,092
licensed practical nurse authorized BY THE BOARD to perform 1,093
intravenous therapy may perform the following activities for the 1,095
purpose of performing dialysis;:
(1) The routine administration and regulation of saline 1,097
solution for the purpose of maintaining an established fluid 1,098
plan;
(2) The administration of a heparin dose intravenously; 1,100
(3) The administration of a heparin dose peripherally via 1,102
a fistula needle; 1,103
25
(4) The loading and activation of a constant infusion pump 1,105
or the intermittent injection of a dose of medication prescribed 1,106
by a licensed physician for dialysis. 1,107
(F) No person shall employ or direct a licensed practical 1,109
nurse to perform an intravenous therapy procedure without first 1,111
verifying that the licensed practical nurse has been approved IS 1,112
AUTHORIZED by the board of nursing to perform intravenous 1,113
therapy.
(G) The board of nursing shall maintain a registry of the 1,116
names of licensed practical nurses authorized pursuant to 1,117
division (A) of this section to perform intravenous therapy. 1,118
Sec. 4723.481. (A) A LICENSED PRACTICAL NURSE MAY PERFORM 1,120
ON ANY PERSON ANY OF THE INTRAVENOUS THERAPY PROCEDURES SPECIFIED 1,124
IN DIVISION (B) OF THIS SECTION WITHOUT RECEIVING AUTHORIZATION 1,125
TO PERFORM INTRAVENOUS THERAPY FROM THE BOARD OF NURSING UNDER 1,126
SECTION 4723.48 OF THE REVISED CODE, IF BOTH OF THE FOLLOWING 1,127
APPLY:
(1) THE LICENSED PRACTICAL NURSE ACTS AT THE DIRECTION OF 1,130
A REGISTERED NURSE OR A LICENSED PHYSICIAN, DENTIST, OPTOMETRIST, 1,131
OR PODIATRIST AND THE REGISTERED NURSE, PHYSICIAN, DENTIST, 1,132
OPTOMETRIST, OR PODIATRIST IS ON THE PREMISES WHERE THE PROCEDURE 1,133
IS TO BE PERFORMED OR ACCESSIBLE BY SOME FORM OF
TELECOMMUNICATION. 1,134
(2) THE LICENSED PRACTICAL NURSE CAN DEMONSTRATE THE 1,137
KNOWLEDGE, SKILLS, AND ABILITY TO PERFORM THE PROCEDURE SAFELY. 1,138
(B) THE INTRAVENOUS THERAPY PROCEDURES THAT A LICENSED 1,140
PRACTICAL NURSE MAY PERFORM PURSUANT TO DIVISION (A) OF THIS 1,141
SECTION ARE LIMITED TO THE FOLLOWING: 1,142
(1) VERIFICATION OF THE TYPE OF PERIPHERAL INTRAVENOUS 1,144
SOLUTION BEING ADMINISTERED; 1,145
(2) EXAMINATION OF A PERIPHERAL INFUSION SITE AND THE 1,147
EXTREMITY FOR POSSIBLE INFILTRATION; 1,148
(3) REGULATION OF A PERIPHERAL INTRAVENOUS INFUSION 1,150
ACCORDING TO THE PRESCRIBED FLOW RATE; 1,151
26
(4) DISCONTINUATION OF A PERIPHERAL INTRAVENOUS DEVICE AT 1,153
THE APPROPRIATE TIME; 1,154
(5) PERFORMANCE OF ROUTINE DRESSING CHANGES AT THE 1,156
INSERTION SITE OF A PERIPHERAL VENOUS OR ARTERIAL INFUSION, 1,157
PERIPHERALLY INSERTED CENTRAL CATHETER INFUSION, OR CENTRAL 1,158
VENOUS PRESSURE SUBCLAVIAN INFUSION. 1,159
Section 2. That existing sections 3721.01, 3721.02, 1,161
3721.021, 3721.03, 3721.07, 3721.08, 3721.09, 3721.99, 4723.02, 1,162
and 4723.48 of the Revised Code are hereby repealed. 1,163
Section 3. That the version of section 3721.08 of the 1,165
Revised Code that is scheduled to take effect on July 1, 2000, be 1,166
amended to read as follows:
Sec. 3721.08. (A) As used in this section, "real and 1,175
present danger" means imminent danger of serious physical or 1,176
life-threatening harm to one or more occupants of a home. 1,177
(B) The director of health may petition the court of 1,179
common pleas of the county in which the home is located for an 1,180
order enjoining any person from operating a home without a 1,181
license OR ENJOINING A COUNTY HOME OR DISTRICT HOME THAT HAS HAD 1,182
ITS LICENSE REVOKED FROM CONTINUING TO OPERATE. The court shall 1,183
have jurisdiction to grant such injunctive relief upon a showing 1,185
that the respondent named in the petition is operating a home 1,186
without a license OR THAT THE COUNTY HOME OR DISTRICT HOME NAMED 1,187
IN THE PETITION IS OPERATING DESPITE THE REVOCATION OF ITS
LICENSE. The court shall have jurisdiction to grant such 1,189
injunctive relief against the operation of a home without a VALID 1,190
license regardless of whether the home meets essential licensing 1,191
requirements.
(C) Unless the department of job and family services or 1,193
contracting agency has taken action under section 5111.51 of the 1,194
Revised Code to appoint a temporary manager or seek injunctive 1,195
relief, if, in the judgment of the director of health, real and 1,196
present danger exists at any home, the director may petition the 1,197
court of common pleas of the county in which the home is located 1,198
27
for such injunctive relief as is necessary to close the home, 1,199
transfer one or more occupants to other homes or other 1,200
appropriate care settings, or otherwise eliminate the real and 1,201
present danger. The court shall have the jurisdiction to grant 1,202
such injunctive relief upon a showing that there is real and 1,203
present danger.
(D)(1) If the director determines that real and present 1,205
danger exists at a home and elects not to immediately seek 1,206
injunctive relief under division (C) of this section, the 1,207
director may give written notice of proposed action to the home. 1,209
The notice shall specify all of the following: 1,210
(a) The nature of the conditions giving rise to the real 1,212
and present danger; 1,213
(b) The measures that the director determines the home 1,215
must take to respond to the conditions; 1,216
(c) The date on which the director intends to seek 1,218
injunctive relief under division (C) of this section if the 1,219
director determines that real and present danger exists at the 1,221
home.
(2) If the home notifies the director, within the time 1,223
specified pursuant to division (D)(1)(c) of this section, that it 1,224
believes the conditions giving rise to the real and present 1,225
danger have been substantially corrected, the director shall 1,226
conduct an inspection to determine whether real and present 1,227
danger exists. If the director determines on the basis of the 1,228
inspection that real and present danger exists, the director may 1,230
petition under division (C) of this section for injunctive 1,231
relief.
(E)(1) If in the judgment of the director of health 1,233
conditions exist at a home that will give rise to real and 1,234
present danger if not corrected, the director shall give written 1,235
notice of proposed action to the home. The notice shall specify 1,236
all of the following: 1,237
(a) The nature of the conditions giving rise to the 1,239
28
director's judgment; 1,240
(b) The measures that the director determines the home 1,242
must take to respond to the conditions; 1,243
(c) The date, which shall be no less than ten days after 1,245
the notice is delivered, on which the director intends to seek 1,246
injunctive relief under division (C) of this section if the 1,247
conditions are not substantially corrected and the director 1,248
determines that a real and present danger exists. 1,250
(2) If the home notifies the director, within the period 1,252
of time specified pursuant to division (E)(1)(c) of this section, 1,253
that the conditions giving rise to the director's determination 1,254
have been substantially corrected, the director shall conduct an 1,255
inspection. If the director determines on the basis of the 1,256
inspection that the conditions have not been corrected and a real 1,257
and present danger exists, the director may petition under 1,258
division (C) of this section for injunctive relief. 1,260
(F)(1) A court that grants injunctive relief under 1,262
division (C) of this section may also appoint a special master 1,263
who, subject to division (F)(2) of this section, shall have such 1,264
powers and authority over the home and length of appointment as 1,265
the court considers necessary. Subject to division (F)(2) of 1,266
this section, the salary of a special master and any costs 1,267
incurred by a special master shall be the obligation of the home. 1,268
(2) No special master shall enter into any employment 1,270
contract on behalf of a home, or purchase with the home's funds 1,271
any capital goods totaling more than ten thousand dollars, unless 1,272
the special master has obtained approval for the contract or 1,273
purchase from the home's operator or the court. 1,274
(G) If the director takes action under division (C), (D), 1,276
or (E) of this section, the director may also appoint employees 1,278
of the department of health to conduct on-site monitoring of the 1,279
home. Appointment of monitors is not subject to appeal under 1,280
Chapter 119. or any other section of the Revised Code. No 1,281
employee of a home for which monitors are appointed, no person 1,282
29
employed by the home within the previous two years, and no person 1,283
who currently has a consulting contract with the department or a 1,284
home, shall be appointed under this division. Every monitor 1,285
shall have the professional qualifications necessary to monitor 1,286
correction of the conditions that give rise to or, in the 1,287
director's judgment, will give rise to real and present danger. 1,288
The number of monitors present at a home at any given time shall 1,289
not exceed one for every fifty residents, or fraction thereof. 1,290
(H) On finding that the real and present danger for which 1,292
injunctive relief was granted under division (C) of this section 1,293
has been eliminated and that the home's operator has demonstrated 1,294
the capacity to prevent the real and present danger from 1,295
recurring, the court shall terminate its jurisdiction over the 1,296
home and return control and management of the home to the 1,297
operator. If the real and present danger cannot be eliminated 1,298
practicably within a reasonable time following appointment of a 1,299
special master, the court may order the special master to close 1,300
the home and transfer all residents to other homes or other 1,301
appropriate care settings. 1,302
(I) The director of health shall give notice of proposed 1,304
action under divisions (D) and (E) of this section to both of the 1,305
following: 1,306
(1) The home's administrator; 1,308
(2) If the home is operated by an organization described 1,310
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 1,311
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,312
1, as amended, the board of trustees of the organization; or, if 1,313
the home is not operated by such an organization, the owner of 1,314
the home. 1,315
Notices shall be delivered by certified mail or hand 1,317
delivery. If notices are mailed, they shall be addressed to the 1,318
persons specified in divisions (I)(1) and (2) of this section, as 1,319
indicated in the department of health's records. If they are 1,320
hand delivered, they shall be delivered to persons who would 1,321
30
reasonably appear to the average prudent person to have authority 1,322
to accept them. 1,323
(J) If ownership of a home is assigned or transferred to a 1,325
different person, the new owner is responsible and liable for 1,326
compliance with any notice of proposed action or order issued 1,327
under this section prior to the effective date of the assignment 1,328
or transfer. 1,329
Section 4. That all existing versions of section 3721.08 1,331
of the Revised Code are hereby repealed. 1,332
Section 5. Sections 3 and 4 of this act shall take effect 1,334
on July 1, 2000.