REPRESENTATIVES D. Miller, Seitz, Kilbane, Gilb, Patton, Mason, Sullivan, McGregor, Fessler, Jolivette, S. Smith, Kearns

To amend sections 4731.053, 5123.19, 5123.50,

1

5123.611, 5126.30, 5126.31, 5126.312, 5126.354,

2

5126.355, and 5126.357; to amend, for the purpose

3

of adopting new section numbers as indicated in

4

parentheses, sections 5126.312 (5126.34), 5126.354

5

(5123.422), 5126.355 (5123.651), and 5126.357

6

(5123.47); to enact sections 4723.071, 5123.195,

7

5123.41, 5123.42, 5123.421, 5123.43, 5123.44,

8

5123.441, 5123.45, 5123.451, 5123.46, 5123.65, and

9

5126.36; and to repeal sections 4723.61, 4723.62,

10

5123.193, 5126.35, 5126.351, 5126.352, 5126.353,

11

and 5126.356 of the Revised Code to revise the laws

12

governing the licensure of residential facilities

13

for individuals with mental retardation and

14

developmental disabilities, to revise the laws

15

governing the authority of MR/DD personnel to

16

perform specified health activities, to specify

17

that individuals with mental retardation and

18

developmental disabilities have the right to

19

self-administer medication, to require MR/DD boards

20

to provide training for their employees and others

21

authorized to implement adult protective services,

22

and to create the MR/DD Consumer Information

23

Advisory Council.

24

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4731.053, 5123.19, 5123.50,	25
5123.611, 5126.30, 5126.31, 5126.312, 5126.354, 5126.355, and	26
5126.357 be amended; sections 5126.312 (5126.34), 5126.354	27
(5123.422), 5126.355 (5123.651), and 5126.357 (5123.47) be amended	28
for the purpose of adopting new section numbers as indicated in	29
parentheses; and sections 4723.071, 5123.195, 5123.41, 5123.42,	30
5123.421, 5123.43, 5123.44, 5123.441, 5123.45, 5123.451, 5123.46,	31
5123.65, and 5126.36 of the Revised Code be enacted to read as	32
follows:	33

Sec. 4723.071.  (A) As used in this section,	34
"health-related activities," "MR/DD personnel," "prescribed	35
medication," and "tube feeding" have the same meanings as in	36
section 5123.41 of the Revised Code.	37

(B) The board of nursing shall adopt rules as it considers	38
necessary to govern nursing delegation as it applies to MR/DD	39
personnel who administer prescribed medications, perform	40
health-related activities, and perform tube feedings pursuant to	41
the authority granted under section 5123.42 of the Revised Code.	42
The board shall not establish in the rules any requirement that is	43
inconsistent with the authority of MR/DD personnel granted under	44
that section. The rules shall be adopted in accordance with	45
Chapter 119. of the Revised Code.	46

(C) The board of nursing may accept complaints from any	47
person or government entity regarding the performance or	48
qualifications of MR/DD personnel who administer prescribed	49
medications, perform health-related activities, and perform tube	50
feedings pursuant to the authority granted under section 5123.42	51
of the Revised Code. The board shall refer all complaints received	52
to the department of mental retardation and developmental	53
disabilities. The board may participate in an investigation of a	54
complaint being conducted by the department under section	55
5123.421 of the Revised Code.	56

Sec. 4731.053.  (A) As used in this section, "physician"	57
means an individual authorized by this chapter to practice	58
medicine and surgery, osteopathic medicine and surgery, or	59
podiatric medicine and surgery.	60

(B) The state medical board shall adopt rules that establish	61
standards to be met and procedures to be followed by a physician	62
with respect to the physician's delegation of the performance of a	63
medical task to a person who is not licensed or otherwise	64
specifically authorized by the Revised Code to perform the task.	65
The rules shall be adopted in accordance with Chapter 119. of the	66
Revised Code.	67

(C) To the extent that delegation applies to the	68
administration of drugs, the rules adopted under this section	69
shall provide for all of the following:	70

(1) On-site supervision when the delegation occurs in an	71
institution or other facility that is used primarily for the	72
purpose of providing health care, unless the board establishes a	73
specific exception to the on-site supervision requirement with	74
respect to routine administration of a topical drug, such as the	75
use of a medicated shampoo;	76

(2) Evaluation of whether delegation is appropriate	77
according to the acuity of the patient involved;	78

(3) Training and competency requirements that must be met by	79
the person administering the drugs;	80

(4) Other standards and procedures the board considers	81
relevant.	82

(D) The board shall not adopt rules that do any of the	83
following:	84

(1) Authorize a physician to transfer the physician's	85
responsibility for supervising a person who is performing a	86
delegated medical task to a health professional other than another	87
physician;	88

(2) Authorize an individual to whom a medical task is	89
delegated to delegate the performance of that task to another	90
individual;	91

(3) Except as provided in divisions (D)(4) to (8)(7) of this	92
section, authorize a physician to delegate the administration of	93
anesthesia, controlled substances, drugs administered	94
intravenously, or any other drug or category of drug the board	95
considers to be inappropriate for delegation;	96

(4) Prevent an individual from engaging in an activity	97
performed for a handicapped child as a service needed to meet the	98
educational needs of the child, as identified in the	99
individualized education program developed for the child under	100
Chapter 3323. of the Revised Code;	101

(5) Prevent delegation from occurring pursuant to section	102
5126.356 of the Revised Code within the programs and services	103
offered by a county board of mental retardation and developmental	104
disabilities;	105

(6) Conflict with any provision of the Revised Code that	106
specifically authorizes an individual to perform a particular	107
task;	108

(7)(6) Conflict with any rule adopted pursuant to the	109
Revised Code that is in effect on the effective date of this	110
section, as long as the rule remains in effect, specifically	111
authorizing an individual to perform a particular task;	112

(8)(7) Prohibit a perfusionist from administering drugs	113
intravenously while practicing as a perfusionist;	114

(9)(8) Authorize a physician assistant, anesthesiologist	115
assistant, or any other professional regulated by the board to	116
delegate tasks pursuant to this section.	117

Sec. 5123.19.  (A) As used in this section and in sections	118
5123.191, 5123.194, and 5123.20 of the Revised Code:	119

(1) "Residential facility" means a home or facility in which	120
a mentally retarded or developmentally disabled person resides,	121
except the home of a relative or legal guardian in which a	122
mentally retarded or developmentally disabled person resides, a	123
respite care home certified under section 5126.05 of the Revised	124
Code, a county home or district home operated pursuant to Chapter	125
5155. of the Revised Code, or a dwelling in which the only	126
mentally retarded or developmentally disabled residents are in an	127
independent living arrangement or are being provided supported	128
living.	129

(2) "Political subdivision" means a municipal corporation,	130
county, or township.	131

(3) "Independent living arrangement" means an arrangement in	132
which a mentally retarded or developmentally disabled person	133
resides in an individualized setting chosen by the person or the	134
person's guardian, which is not dedicated principally to the	135
provision of residential services for mentally retarded or	136
developmentally disabled persons, and for which no financial	137
support is received for rendering such service from any	138
governmental agency by a provider of residential services.	139

(4) "Supported living" has the same meaning as in section	140
5126.01 of the Revised Code.	141

(5) "Licensee" means the person or government agency that	142
has applied for a license to operate a residential facility and to	143
which the license was issued under this section.	144

(B) Every person or government agency desiring to operate a	145
residential facility shall apply for licensure of the facility to	146
the director of mental retardation and developmental disabilities	147
unless the residential facility is subject to section 3721.02,	148
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	149
Chapter 3721. of the Revised Code, a nursing home that is	150
certified as an intermediate care facility for the mentally	151
retarded under Title XIX of the "Social Security Act," 4979 Stat.	152
620286 (19351965), 42 U.S.C.A. 3011396, as amended, shall apply	153
for licensure of the portion of the home that is certified as an	154
intermediate care facility for the mentally retarded.	155

(C) The director of mental retardation and developmental	156
disabilities shall license and inspect the operation of	157
residential facilities. The director may deny or revoke such	158
licenses.An	159

Except as provided in divisions (G) and (O) of this section,	160
ainitial license is valid until it isshall be issued for a	161
period that does not exceed one year, unless the director denies	162
the license under division (D) of this section. A license shall	163
be renewed for a period that does not exceed three years, unless	164
the director refuses to renew the license under division (D) of	165
this section. The director, when issuing or renewing a license,	166
shall specify the period for which the license is being issued or	167
renewed. A license remains valid for the length of the licensing	168
period specified by the director, unless the license is	169
terminated, revoked, or voluntarily surrendered. Appeals	170

(D) If it is determined that an applicant or licensee is	171
not in compliance with a provision of this chapter that applies to	172
residential facilities or the rules adopted under such a	173
provision, the director may deny issuance of a license, refuse to	174
renew a license, terminate a license, revoke a license, issue an	175
order for the suspension of admissions to a facility, issue an	176
order for the placement of a monitor at a facility, issue an order	177
for the immediate removal of residents, or take any other action	178
the director considers necessary consistent with the director's	179
authority under this chapter regarding residential facilities. In	180
the director's selection and administration of the sanction to be	181
imposed, all of the following apply:	182

(1) The director may deny, refuse to renew, or revoke a	183
license, if the director determines that the applicant or licensee	184
has demonstrated a pattern of serious noncompliance or that a	185
violation creates a substantial risk to the health and safety of	186
residents of a residential facility.	187

(2) The director may terminate a license if more than twelve	188
consecutive months have elapsed since the residential facility was	189
last occupied by a resident or a notice required by division (J)	190
of this section is not given.	191

(3) The director may issue an order for the suspension of	192
admissions to a facility for any violation that may result in	193
sanctions under division (D)(1) of this section and for any other	194
violation specified in rules adopted under division (G)(2) of this	195
section. If the suspension of admissions is imposed for a	196
violation that may result in sanctions under division (D)(1) of	197
this section, the director may impose the suspension before	198
providing an opportunity for an adjudication under Chapter 119. of	199
the Revised Code. The director shall lift an order for the	200
suspension of admissions when the director determines that the	201
violation that formed the basis for the order has been corrected.	202

(4) The director may order the placement of a monitor at a	203
residential facility for any violation specified in rules adopted	204
under division (G)(2) of this section. The director shall lift	205
the order when the director determines that the violation that	206
formed the basis for the order has been corrected.	207

(5) If the director determines that two or more residential	208
facilities owned or operated by the same person or government	209
entity are not being operated in compliance with a provision of	210
this chapter that applies to residential facilities or the rules	211
adopted under such a provision, and the director's findings are	212
based on the same or a substantially similar action, practice,	213
circumstance, or incident that creates a substantial risk to the	214
health and safety of the residents, the director shall conduct a	215
survey as soon as practicable at each residential facility owned	216
or operated by that person or government entity. The director may	217
take any action authorized by this section with respect to any	218
facility found to be operating in violation of a provision of this	219
chapter that applies to residential facilities or the rules	220
adopted under such a provision.	221

(6) When the director initiates license revocation	222
proceedings, no opportunity for submitting a plan of correction	223
shall be given. The director shall notify the licensee by letter	224
of the initiation of such proceedings. The letter shall list the	225
deficiencies of the residential facility and inform the licensee	226
that no plan of correction will be accepted. The director shall	227
also notify each affected resident, the resident's guardian if the	228
resident is an adult for whom a guardian has been appointed, the	229
resident's parent or guardian if the resident is a minor, and the	230
county board of mental retardation and developmental disabilities.	231

(7) Pursuant to rules which shall be adopted in accordance	232
with Chapter 119. of the Revised Code, the director may order the	233
immediate removal of residents from a residential facility	234
whenever conditions at the facility present an immediate danger of	235
physical or psychological harm to the residents.	236

(8) In determining whether a residential facility is being	237
operated in compliance with a provision of this chapter that	238
applies to residential facilities or the rules adopted under such	239
a provision, or whether conditions at a residential facility	240
present an immediate danger of physical or psychological harm to	241
the residents, the director may rely on information obtained by a	242
county board of mental retardation and developmental disabilities	243
or other governmental agencies.	244

(9) In proceedings initiated to deny, refuse to renew, or	245
revoke licenses, the director may deny, refuse to renew, or revoke	246
a license regardless of whether some or all of the deficiencies	247
that prompted the proceedings have been corrected at the time of	248
the hearing.	249

(E) The director shall establish a program under which	250
public notification may be made when the director has initiated	251
license revocation proceedings or has issued an order for the	252
suspension of admissions, placement of a monitor, or removal of	253
residents. The director shall adopt rules in accordance with	254
Chapter 119. of the Revised Code to implement this division. The	255
rules shall establish the procedures by which the public	256
notification will be made and specify the circumstances for which	257
the notification must be made. The rules shall require that public	258
notification be made if the director has taken action against the	259
facility in the eighteen-month period immediately preceding the	260
director's latest action against the facility and the latest	261
action is being taken for the same or a substantially similar	262
violation of a provision of this chapter that applies to	263
residential facilities or the rules adopted under such a	264
provision. The rules shall specify a method for removing or	265
amending the public notification if the director's action is found	266
to have been unjustified or the violation at the residential	267
facility has been corrected.	268

(F)(1) Except as provided in division (F)(2) of this section,	269
appeals from proceedings initiated to deny applications for	270
licenses or to revoke licensesimpose a sanction under division	271
(D) of this section shall be conducted in accordance with Chapter	272
119. of the Revised Code.	273

(2) Appeals from proceedings initiated to order the	274
suspension of admissions to a facility shall be conducted in	275
accordance with Chapter 119. of the Revised Code, unless the order	276
was issued before providing an opportunity for an adjudication, in	277
which case all of the following apply:	278

(a) The licensee may request a hearing not later than ten	279
days after receiving the notice specified in section 119.07 of the	280
Revised Code.	281

(b) If a timely request for a hearing is made, the hearing	282
shall commence not later than thirty days after the department	283
receives the request.	284

(c) After commencing, the hearing shall continue	285
uninterrupted, except for Saturdays, Sundays, and legal holidays,	286
unless other interruptions are agreed to by the licensee and the	287
director.	288

(d) If the hearing is conducted by a hearing examiner, the	289
hearing examiner shall file a report and recommendations not later	290
than ten days after the close of the hearing.	291

(e) Not later than five days after the hearing examiner	292
files the report and recommendations, the licensee may file	293
objections to the report and recommendations.	294

(f) Not later than fifteen days after the hearing examiner	295
files the report and recommendations, the director shall issue an	296
order approving, modifying, or disapproving the report and	297
recommendations.	298

(g) Notwithstanding the pendency of the hearing, the	299
director shall lift the order for the suspension of admissions	300
when the director determines that the violation that formed the	301
basis for the order has been corrected.	302

(G) In accordance with Chapter 119. of the Revised Code, the	303
director shall adopt and may amend and rescind rules for licensing	304
and regulating the operation of residential facilities. The rules	305
shall establish and specify the following:	306

(1) Procedures and criteria for issuing,and renewing	307
licenses, including procedures and criteria for determining the	308
length of the licensing period that the director must specify for	309
each license when it is issued or renewed;	310

(2) Procedures and criteria for denying, refusing to renew,	311
terminating, and revoking licenses and for ordering the suspension	312
of admissions to a facility, placement of a monitor at a facility,	313
and the immediate removal of residents from a facility;	314

(2)(3) Fees for issuing and renewing licenses;

315

(3)(4) Procedures for the inspection ofsurveying	316
residential facilities;	317

(4)(5) Requirements for the training of residential facility	318
personnel;	319

(5)(6) Classifications for the various types of residential	320
facilities;	321

(6)(7) Certification procedures for licensees and management	322
contractors that the director determines are necessary to ensure	323
that they have the skills and qualifications to properly operate	324
or manage residential facilities;	325

(7)(8) The maximum number of persons who may be served in a	326
particular type of residential facility;	327

(8)(9) Uniform procedures for admission of persons to and	328
transfers and discharges of persons from residential facilities;	329

(9)(10) Other standards for the operation of residential	330
facilities and the services provided at residential facilities;	331

(10)(11) Procedures for waiving any provision of any rule	332
adopted under this section.	333

(D)(H) Before issuing a license, the director of the	334
department or the director's designee shall conduct an inspection	335
a survey of the residential facility for which application is	336
made. The director or the director's designee shall conduct an	337
inspectiona survey of each licensed residential facility at least	338
once each yearduring the period the license is valid and may	339
conduct additional inspections as needed. An inspectionA survey	340
includes but is not limited to an on-site examination and	341
evaluation of the residential facility, its personnel, and the	342
services provided there.	343

In conducting inspectionssurveys, the director or the	344
director's designee shall be given access to the residential	345
facility; all records, accounts, and any other documents related	346
to the operation of the facility; the licensee; the residents of	347
the facility; and all persons acting on behalf of, under the	348
control of, or in connection with the licensee. The licensee and	349
all persons on behalf of, under the control of, or in connection	350
with the licensee shall cooperate with the director or the	351
director's designee in conducting the inspectionsurvey.	352

Following each inspectionsurvey, unless the director	353
initiates a license revocation proceeding, the director or the	354
director's designee shall provide the licensee with a report	355
listing any deficiencies, specifying a timetable within which the	356
licensee shall submit a plan of correction describing how the	357
deficiencies will be corrected, and, when appropriate, specifying	358
a timetable within which the licensee must correct the	359
deficiencies. After a plan of correction is submitted, the	360
director or the director's designee shall approve or disapprove	361
the plan. A copy of the report and any approved plan of	362
correction shall be provided to any person who requests it.	363

If it is determined that a residential facility is not being	364
operated in compliance with this chapter or the rules adopted	365
under it, the director may take such steps as are necessary,	366
including, but not limited to, suspension of admissions to the	367
residential facility, placement of a monitor at the residential	368
facility, and the initiation of license revocation proceedings.	369

When the director initiates license revocation proceedings,	370
no opportunity for submitting a plan of correction shall be given.	371
The director shall notify the licensee by letter of the initiation	372
of such proceedings. The letter shall list the deficiencies of	373
the residential facility and inform the licensee that no plan of	374
correction will be accepted. The director shall also notify each	375
affected resident, the resident's guardian if the resident is an	376
adult for whom a guardian has been appointed, the resident's	377
parent or guardian if the resident is a minor, and the county	378
board of mental retardation and developmental disabilities.	379

Pursuant to rules which shall be adopted in accordance with	380
Chapter 119. of the Revised Code, the director may order the	381
immediate removal of residents from a residential facility	382
whenever conditions at the facility present an immediate danger of	383
physical or psychological harm to the residents.	384

In determining whether a residential facility is being	385
operated in compliance with this chapter or the rules adopted	386
under it, or whether conditions at a residential facility present	387
an immediate danger of physical or psychological harm to the	388
residents, the director may rely on information obtained by a	389
county board of mental retardation and developmental disabilities	390
or other governmental agencies in the course of investigating	391
major unusual incidents. The director shall adopt rules in	392
accordance with Chapter 119. of the Revised Code that specify what	393
constitute "major unusual incidents."	394

The director shall suspend without pay for a period of at	395
least three daysinitiate disciplinary action against any	396
department employee who notifies or causes the notification to any	397
unauthorized person of an unannounced inspectionsurvey of a	398
residential facility by an authorized representative of the	399
department.	400

(E) In proceedings initiated to deny or revoke licenses	401
under this section, the director may deny or revoke a license	402
regardless of whether some or all of the deficiencies that	403
prompted the proceedings have been corrected at the time of the	404
hearing.	405

(F)(I) In addition to any other information which may be	406
required of applicants for a license pursuant to this section, the	407
director shall require each applicant to provide a copy of an	408
approved plan for a proposed residential facility pursuant to	409
section 5123.042 of the Revised Code. This division does not apply	410
to renewal of a license.	411

(G) Pursuant(J) A licensee shall notify the owner of the	412
building in which the licensee's residential facility is located	413
of any significant change in the identity of the licensee or	414
management contractor before the effective date of the change if	415
the licensee is not the owner of the building.	416

Pursuant to rules which shall be adopted in accordance with	417
Chapter 119. of the Revised Code, the director may require	418
notification to the department of any significant change in the	419
ownership of a residential facility or in the identity of the	420
licensee or management contractor. When such notification is not	421
given, the director may cancel the residential facility's license.	422
If the director determines that a significant change of ownership	423
is proposed, the director shall consider the proposed change to be	424
an application for development by a new operator pursuant to	425
section 5123.042 of the Revised Code and shall advise the	426
applicant within sixty days of such notification that the current	427
license shall continue in effect or a new license will be required	428
pursuant to this section. If the director requires a new license,	429
the director shall permit the facility to continue to operate	430
under the current license until the new license is issued, unless	431
the current license is revoked, refused to be renewed, or	432
terminated in accordance with Chapter 119. of the Revised Code.	433

(H)(K) A county board of mental retardation and	434
developmental disabilities, the legal rights service, and any	435
interested person may file complaints alleging violations of	436
statute or department rule relating to residential facilities with	437
the department. All complaints shall be in writing and shall	438
state the facts constituting the basis of the allegation. The	439
department shall not reveal the source of any complaint unless the	440
complainant agrees in writing to waive the right to	441
confidentiality or until so ordered by a court of competent	442
jurisdiction.	443

The department shall acknowledge receipt of the complaint and	444
notify the complainant of the action that will be taken with	445
respect to it within five working days of receiving itadopt rules	446
in accordance with Chapter 119. of the Revised Code establishing	447
procedures for the receipt, referral, investigation, and	448
disposition of complaints filed with the department under this	449
division.	450

The substance of a complaint shall not be provided to a	451
licensee until the commencement of an inspection or investigation.	452

(I)(L) The department shall establish procedures for the	453
notification of interested parties of the transfer or interim care	454
of residents from residential facilities that are closing or are	455
losing their license.	456

(J)(M) Before issuing a license under this section to a	457
residential facility that will accommodate at any time more than	458
one mentally retarded or developmentally disabled individual, the	459
director shall, by first class mail, notify the following:	460

(1) If the facility will be located in a municipal	461
corporation, the clerk of the legislative authority of the	462
municipal corporation;	463

(2) If the facility will be located in unincorporated	464
territory, the clerk of the appropriate board of county	465
commissioners and the clerk of the appropriate board of township	466
trustees.	467

The director shall not issue the license for ten days after	468
mailing the notice, excluding Saturdays, Sundays, and legal	469
holidays, in order to give the notified local officials time in	470
which to comment on the proposed issuance.	471

Any legislative authority of a municipal corporation, board	472
of county commissioners, or board of township trustees that	473
receives notice under this division of the proposed issuance of a	474
license for a residential facility may comment on it in writing to	475
the director within ten days after the director mailed the notice,	476
excluding Saturdays, Sundays, and legal holidays. If the director	477
receives written comments from any notified officials within the	478
specified time, the director shall make written findings	479
concerning the comments and the director's decision on the	480
issuance of the license. If the director does not receive written	481
comments from any notified local officials within the specified	482
time, the director shall continue the process for issuance of the	483
license.	484

(K)(N) Any person may operate a licensed residential	485
facility that provides room and board, personal care, habilitation	486
services, and supervision in a family setting for at least six but	487
not more than eight persons with mental retardation or a	488
developmental disability as a permitted use in any residential	489
district or zone, including any single-family residential district	490
or zone, of any political subdivision. These residential	491
facilities may be required to comply with area, height, yard, and	492
architectural compatibility requirements that are uniformly	493
imposed upon all single-family residences within the district or	494
zone.	495

(L)(O) Any person may operate a licensed residential	496
facility that provides room and board, personal care, habilitation	497
services, and supervision in a family setting for at least nine	498
but not more than sixteen persons with mental retardation or a	499
developmental disability as a permitted use in any multiple-family	500
residential district or zone of any political subdivision, except	501
that a political subdivision that has enacted a zoning ordinance	502
or resolution establishing planned unit development districts may	503
exclude these residential facilities from such districts, and a	504
political subdivision that has enacted a zoning ordinance or	505
resolution may regulate these residential facilities in	506
multiple-family residential districts or zones as a conditionally	507
permitted use or special exception, in either case, under	508
reasonable and specific standards and conditions set out in the	509
zoning ordinance or resolution to:	510

(1) Require the architectural design and site layout of the	511
residential facility and the location, nature, and height of any	512
walls, screens, and fences to be compatible with adjoining land	513
uses and the residential character of the neighborhood;	514

(2) Require compliance with yard, parking, and sign	515
regulation;	516

(3) Limit excessive concentration of these residential	517
facilities.	518

(M)(P) This section does not prohibit a political	519
subdivision from applying to residential facilities	520
nondiscriminatory regulations requiring compliance with health,	521
fire, and safety regulations and building standards and	522
regulations.	523

(N)(Q) Divisions (K)(N) and (L)(O) of this section are not	524
applicable to municipal corporations that had in effect on June	525
15, 1977, an ordinance specifically permitting in residential	526
zones licensed residential facilities by means of permitted uses,	527
conditional uses, or special exception, so long as such ordinance	528
remains in effect without any substantive modification.	529

(O)(R)(1) The director may issue an interim license to	530
operate a residential facility to an applicant for a license under	531
this section if alleither of the following conditions are metis	532
the case:	533

(1)(a) The director determines that an emergency exists that	534
requiresrequiring immediate placement of persons in a residential	535
facility, andthat insufficient licensed beds are available.	536

(2) The residential facility meets standards in rules for	537
interim licenses that the director shall adopt in accordance with	538
Chapter 119. of the Revised Code.	539

(3) The director determines, and that the residential	540
facility is likely to receive a permanent license under this	541
section within thirty days after issuance of the interim license.	542

(b) The director determines that the issuance of an interim	543
license is necessary to meet a temporary need for a residential	544
facility.	545

(2) To be eligible to receive an interim license, an	546
applicant must meet the same criteria that must be met to receive	547
a permanent license under this section, except for any differing	548
procedures and time frames that may apply to issuance of a	549
permanent license.	550

(3) An interim license shall be valid for thirty days and	551
may be renewed by the director no more than twicefor a period not	552
to exceed one hundred fifty days.	553

(4) The director shall adopt rules in accordance with	554
Chapter 119. of the Revised Code as the director considers	555
necessary to administer the issuance of interim licenses.	556

(P)(S) Notwithstanding rules adopted pursuant to this	557
section establishing the maximum number of persons who may be	558
served in a particular type of residential facility, a residential	559
facility shall be permitted to serve the same number of persons	560
being served by the facility on the effective date of such rules	561
or the number of persons for which the facility is authorized	562
pursuant to a current application for a certificate of need with a	563
letter of support from the department of mental retardation and	564
developmental disabilities and which is in the review process	565
prior to April 4, 1986.	566

(Q)(T) The director or the director's designee may enter at	567
any time, for purposes of investigation, any home, facility, or	568
other structure that has been reported to the director or that the	569
director has reasonable cause to believe is being operated as a	570
residential facility without a license issued under this section.	571

The director may petition the court of common pleas of the	572
county in which an unlicensed residential facility is located for	573
an order enjoining the person or governmental agency operating the	574
facility from continuing to operate without a license. The court	575
may grant the injunction on a showing that the person or	576
governmental agency named in the petition is operating a	577
residential facility without a license. The court may grant the	578
injunction, regardless of whether the residential facility meets	579
the requirements for receiving a license under this section.	580

Sec. 5123.195. (A) Not later than sixty days after the end	581
of calendar years 2003, 2004, and 2005, the director of mental	582
retardation and developmental disabilities shall submit a report	583
to the president and minority leader of the senate and speaker and	584
minority leader of the house of representatives regarding the	585
implementation of section 5123.19 of the Revised Code since the	586
effective date of this section. The director shall include in the	587
report all of the following information:	588

(1) A summary of any rules adopted under that section to	589
implement the amendments to that section that go into effect on	590
the effective date of this section;	591

(2) The number of residential facility licenses issued,	592
renewed, and denied under that section since the effective date of	593
the amendments to section 5123.19 of the Revised Code that go into	594
effect on the effective date of this section or, in the case of	595
the reports due in 2005 and 2006, since the previous report was	596
submitted;	597

(3) The length of time for which residential facility	598
licenses are issued and renewed under that section;	599

(4) The sanctions imposed pursuant to division (D) of	600
section 5123.19 of the Revised Code and the kinds of violations	601
that cause the sanctions;	602

(5) Any other information the director determines is	603
important to the implementation of the amendments to section	604
5123.19 of the Revised Code that go into effect on the effective	605
date of this section.	606

(B) On submission of the report under division (A) of this	607
section, the director shall inform each member of the general	608
assembly that the report is available.	609

Sec. 5123.41.  As used in this section and sections 5123.42	611
to 5123.47 of the Revised Code:	612

(A) "Adult services" has the same meaning as in section	613
5126.01 of the Revised Code.	614

(B) "Certified home and community-based services provider"	615
means a person or government entity certified under section	616
5123.045 of the Revised Code.	617

(C) "Certified supported living provider" means a person or	618
government entity certified under section 5126.431 of the Revised	619
Code.	620

(D) "Drug" has the same meaning as in section 4729.01 of the	621
Revised Code.	622

(E) "Family support services" has the same meaning as in	623
section 5126.01 of the Revised Code.	624

(F) "Health-related activities" means the following:

625

(1) Taking vital signs;

626

(2) Application of clean dressings that do not require	627
health assessment;	628

(3) Basic measurement of bodily intake and output;

629

(4) Oral suctioning;

630

(5) Use of glucometers;

631

(6) External urinary catheter care;

632

(7) Emptying and replacing colostomy bags;

633

(8) Collection of specimens by noninvasive means.

634

(G) "Licensed health professional authorized to prescribe	635
drugs" has the same meaning as in section 4729.01 of the Revised	636
Code.	637

(H) "Medicaid" has the same meaning as in section 5111.01 of	638
the Revised Code.	639

(I) "MR/DD personnel" means the employees and the workers	640
under contract who provide specialized services to individuals	641
with mental retardation and developmental disabilities. "MR/DD	642
personnel" includes those who provide the services as follows:	643

(1) Through direct employment with the department of mental	644
retardation and developmental disabilities or a county board of	645
mental retardation and developmental disabilities;	646

(2) Through an entity under contract with the department of	647
mental retardation and developmental disabilities or a county	648
board of mental retardation and developmental disabilities;	649

(3) Through direct employment or by being under contract	650
with private entities, including private entities that operate	651
residential facilities.	652

(J) "Nursing delegation" means the process established in	653
rules adopted by the board of nursing pursuant to Chapter 4723. of	654
the Revised Code under which a registered nurse or licensed	655
practical nurse acting at the direction of a registered nurse	656
transfers the performance of a particular nursing activity or task	657
to another person who is not otherwise authorized to perform the	658
activity or task.	659

(K) "Prescribed medication" means a drug that is to be	660
administered according to the instructions of a licensed health	661
professional authorized to prescribe drugs.	662

(L) "Residential facility" means a facility licensed under	663
section 5123.19 of the Revised Code or subject to section 5123.192	664
of the Revised Code.	665

(M) "Specialized services" has the same meaning as in	666
section 5123.50 of the Revised Code.	667

(N) "Tube feeding" means the provision of nutrition to an	668
individual through a gastrostomy tube or a jejunostomy tube.	669

Sec. 5123.42. (A) Beginning nine months after the effective	670
date of this section, MR/DD personnel who are not specifically	671
authorized by other provisions of the Revised Code to administer	672
prescribed medications, perform health-related activities, or	673
perform tube feedings may do so pursuant to this section as part	674
of the specialized services the MR/DD personnel provide to	675
individuals with mental retardation and developmental disabilities	676
in the following categories:	677

(1) Recipients of early intervention, preschool, and	678
school-age services offered or provided pursuant to this chapter	679
or Chapter 5126. of the Revised Code;	680

(2) Recipients of adult services offered or provided	681
pursuant to this chapter or Chapter 5126. of the Revised Code;	682

(3) Recipients of family support services offered or	683
provided pursuant to this chapter or Chapter 5126. of the Revised	684
Code;	685

(4) Recipients of services from certified supported living	686
providers, if the services are offered or provided pursuant to	687
this chapter or Chapter 5126. of the Revised Code;	688

(5) Recipients of residential support services from certified	689
home and community-based services providers, if the services are	690
received in a community living arrangement that includes not more	691
than four individuals with mental retardation and developmental	692
disabilities and the services are offered or provided pursuant to	693
this chapter or Chapter 5126. of the Revised Code;	694

(6) Recipients of services not included in divisions (A)(1)	695
to (5) of this section that are offered or provided pursuant to	696
this chapter or Chapter 5126. of the Revised Code;	697

(7) Residents of a residential facility with five or fewer	698
resident beds;	699

(8) Residents of a residential facility with at least six	700
but not more than sixteen resident beds;	701

(9) Residents of a residential facility with seventeen or	702
more resident beds who are on a field trip from the facility, if	703
all of the following are the case:	704

(a) The field trip is sponsored by the facility for	705
purposes of complying with federal medicaid statutes and	706
regulations, state medicaid statutes and rules, or other federal	707
or state statutes, regulations, or rules that require the facility	708
to provide habilitation, community integration, or normalization	709
services to its residents.	710

(b) Not more than five field trip participants are	711
residents who have health needs requiring the administration of	712
prescribed medications, excluding participants who self-administer	713
prescribed medications or receive assistance with	714
self-administration of prescribed medications.	715

(c) The facility staffs the field trip with MR/DD personnel	716
in such a manner that one person will administer prescribed	717
medications, perform health-related activities, or perform tube	718
feedings for not more than two participants if one or both of	719
those participants have health needs requiring the person to	720
administer prescribed medications through a gastrostomy or	721
jejunostomy tube.	722

(d) According to the instructions of a health care	723
professional acting within the scope of the professional's	724
practice, the health needs of the participants who require	725
administration of prescribed medications by MR/DD personnel are	726
such that the participants must receive the medications during the	727
field trip to avoid jeopardizing their health and safety.	728

(B)(1) In the case of recipients of early intervention,	729
preschool, and school-age services, as specified in division	730
(A)(1) of this section, all of the following apply:	731

(a) With nursing delegation, MR/DD personnel may perform	732
health-related activities.	733

(b) With nursing delegation, MR/DD personnel may administer	734
oral and topical prescribed medications.	735

(c) With nursing delegation, MR/DD personnel may administer	736
prescribed medications through gastrostomy and jejunostomy tubes,	737
if the tubes being used are stable and labeled.	738

(d) With nursing delegation, MR/DD personnel may perform	739
routine tube feedings, if the gastrostomy and jejunostomy tubes	740
being used are stable and labeled.	741

(2) In the case of recipients of adult services, as	742
specified in division (A)(2) of this section, all of the following	743
apply:	744

(a) With nursing delegation, MR/DD personnel may perform	745
health-related activities.	746

(b) With nursing delegation, MR/DD personnel may administer	747
oral and topical prescribed medications.	748

(c) With nursing delegation, MR/DD personnel may administer	749
prescribed medications through gastrostomy and jejunostomy tubes,	750
if the tubes being used are stable and labeled.	751

(d) With nursing delegation, MR/DD personnel may perform	752
routine tube feedings, if the gastrostomy and jejunostomy tubes	753
being used are stable and labeled.	754

(3) In the case of recipients of family support services,	755
as specified in division (A)(3) of this section, all of the	756
following apply:	757

(a) Without nursing delegation, MR/DD personnel may perform	758
health-related activities.	759

(b) Without nursing delegation, MR/DD personnel may	760
administer oral and topical prescribed medications.	761

(c) With nursing delegation, MR/DD personnel may administer	762
prescribed medications through gastrostomy and jejunostomy tubes,	763
if the tubes being used are stable and labeled.	764

(d) With nursing delegation, MR/DD personnel may perform	765
routine tube feedings, if the gastrostomy and jejunostomy tubes	766
being used are stable and labeled.	767

(e) With nursing delegation, MR/DD personnel may administer	768
routine doses of insulin through subcutaneous injections and	769
insulin pumps.	770

(4) In the case of recipients of services from certified	771
supported living providers, as specified in division (A)(4) of	772
this section, all of the following apply:	773

(a) Without nursing delegation, MR/DD personnel may perform	774
health-related activities.	775

(b) Without nursing delegation, MR/DD personnel may	776
administer oral and topical prescribed medications.	777

(c) With nursing delegation, MR/DD personnel may administer	778
prescribed medications through gastrostomy and jejunostomy tubes,	779
if the tubes being used are stable and labeled.	780

(d) With nursing delegation, MR/DD personnel may perform	781
routine tube feedings, if the gastrostomy and jejunostomy tubes	782
being used are stable and labeled.	783

(e) With nursing delegation, MR/DD personnel may administer	784
routine doses of insulin through subcutaneous injections and	785
insulin pumps.	786

(5) In the case of recipients of residential support	787
services from certified home and community-based services	788
providers, as specified in division (A)(5) of this section, all of	789
the following apply:	790

(a) Without nursing delegation, MR/DD personnel may perform	791
health-related activities.	792

(b) Without nursing delegation, MR/DD personnel may	793
administer oral and topical prescribed medications.	794

(c) With nursing delegation, MR/DD personnel may administer	795
prescribed medications through gastrostomy and jejunostomy tubes,	796
if the tubes being used are stable and labeled.	797

(d) With nursing delegation, MR/DD personnel may perform	798
routine tube feedings, if the gastrostomy and jejunostomy tubes	799
being used are stable and labeled.	800

(e) With nursing delegation, MR/DD personnel may administer	801
routine doses of insulin through subcutaneous injections and	802
insulin pumps.	803

(6) In the case of recipients of services not included in	804
divisions (A)(1) to (5) of this section, as specified in division	805
(A)(6) of this section, all of the following apply:	806

(a) With nursing delegation, MR/DD personnel may perform	807
health-related activities.	808

(b) With nursing delegation, MR/DD personnel may administer	809
oral and topical prescribed medications.	810

(c) With nursing delegation, MR/DD personnel may administer	811
prescribed medications through gastrostomy and jejunostomy tubes,	812
if the tubes being used are stable and labeled.	813

(d) With nursing delegation, MR/DD personnel may perform	814
routine tube feedings, if the gastrostomy and jejunostomy tubes	815
being used are stable and labeled.	816

(7) In the case of residents of a residential facility with	817
five or fewer beds, as specified in division (A)(7) of this	818
section, all of the following apply:	819

(a) Without nursing delegation, MR/DD personnel may perform	820
health-related activities.	821

(b) Without nursing delegation, MR/DD personnel may	822
administer oral and topical prescribed medications.	823

(c) With nursing delegation, MR/DD personnel may administer	824
prescribed medications through gastrostomy and jejunostomy tubes,	825
if the tubes being used are stable and labeled.	826

(d) With nursing delegation, MR/DD personnel may perform	827
routine tube feedings, if the gastrostomy and jejunostomy tubes	828
being used are stable and labeled.	829

(e) With nursing delegation, MR/DD personnel may administer	830
routine doses of insulin through subcutaneous injections and	831
insulin pumps.	832

(8) In the case of residents of a residential facility with	833
at least six but not more than sixteen resident beds, as specified	834
in division (A)(8) of this section, all of the following apply:	835

(a) With nursing delegation, MR/DD personnel may perform	836
health-related activities.	837

(b) With nursing delegation, MR/DD personnel may administer	838
oral and topical prescribed medications.	839

(c) With nursing delegation, MR/DD personnel may administer	840
prescribed medications through gastrostomy and jejunostomy tubes,	841
if the tubes being used are stable and labeled.	842

(d) With nursing delegation, MR/DD personnel may perform	843
routine tube feedings, if the gastrostomy and jejunostomy tubes	844
being used are stable and labeled.	845

(9) In the case of residents of a residential facility with	846
seventeen or more resident beds who are on a field trip from the	847
facility, all of the following apply during the field trip,	848
subject to the limitations specified in division (A)(9) of this	849
section:	850

(a) With nursing delegation, MR/DD personnel may perform	851
health-related activities.	852

(b) With nursing delegation, MR/DD personnel may administer	853
oral and topical prescribed medications.	854

(c) With nursing delegation, MR/DD personnel may administer	855
prescribed medications through gastrostomy and jejunostomy tubes,	856
if the tubes being used are stable and labeled.	857

(d) With nursing delegation, MR/DD personnel may perform	858
routine tube feedings, if the gastrostomy and jejunostomy tubes	859
being used are stable and labeled.	860

(C) The authority of MR/DD personnel to administer	861
prescribed medications, perform health-related activities, and	862
perform tube feedings pursuant to this section is subject to all	863
of the following:	864

(1) To administer prescribed medications, perform	865
health-related activities, or perform tube feedings for	866
individuals in the categories specified under divisions (A)(1) to	867
(8) of this section, MR/DD personnel shall obtain the certificate	868
or certificates required by the department of mental retardation	869
and developmental disabilities and issued under section 5123.45 of	870
the Revised Code. MR/DD personnel shall administer prescribed	871
medication, perform health-related activities, and perform tube	872
feedings only as authorized by the certificate or certificates	873
held.	874

(2) To administer prescribed medications, perform	875
health-related activities, or perform tube feedings for	876
individuals in the category specified under division (A)(9) of	877
this section, MR/DD personnel shall successfully complete the	878
training course or courses developed under section 5123.43 of the	879
Revised Code for the MR/DD personnel. MR/DD personnel shall	880
administer prescribed medication, perform health-related	881
activities, and perform tube feedings only as authorized by the	882
training completed.	883

(3) If nursing delegation is required under division (B) of	884
this section, MR/DD personnel shall not act without nursing	885
delegation or in a manner that is inconsistent with the	886
delegation.	887

(4) The employer of MR/DD personnel shall ensure that MR/DD	888
personnel have been trained specifically with respect to each	889
individual for whom they administer prescribed medications,	890
perform health-related activities, or perform tube feedings. MR/DD	891
personnel shall not administer prescribed medications, perform	892
health-related activities, or perform tube feedings for any	893
individual for whom they have not been specifically trained.	894

(5) If the employer of MR/DD personnel believes that MR/DD	895
personnel have not or will not safely administer prescribed	896
medications, perform health-related activities, or perform tube	897
feedings, the employer shall prohibit the action from continuing	898
or commencing. MR/DD personnel shall not engage in the action or	899
actions subject to an employer's prohibition.	900

(D) In accordance with section 5123.46 of the Revised Code,	901
the department of mental retardation and developmental	902
disabilities shall adopt rules governing its implementation of	903
this section. The rules shall include the following:	904

(1) Requirements for documentation of the administration of	905
prescribed medications, performance of health-related activities,	906
and performance of tube feedings by MR/DD personnel pursuant to	907
the authority granted under this section;	908

(2) Procedures for reporting errors that occur in the	909
administration of prescribed medications, performance of	910
health-related activities, and performance of tube feedings by	911
MR/DD personnel pursuant to the authority granted under this	912
section;	913

(3) Other standards and procedures the department considers	914
necessary for implementation of this section.	915

Sec. 5123.421. The department of mental retardation and	916
developmental disabilities shall accept complaints from any person	917
or government entity regarding the administration of prescribed	918
medications, performance of health-related activities, and	919
performance of tube feedings by MR/DD personnel pursuant to the	920
authority granted under section 5123.42 of the Revised Code. The	921
department shall conduct investigations of complaints as it	922
considers appropriate. The department shall adopt rules in	923
accordance with section 5123.46 of the Revised Code establishing	924
procedures for accepting complaints and conducting investigations	925
under this section.	926

Sec. 5126.354.        Sec. 5123.422. A county board worker authorized to	927
give or applyMR/DD personnel who administer prescribed medication	928
ormedications, perform a delegated nursing taskhealth-related	929
activities, or both, isperform tube feedings pursuant to the	930
authority granted under section 5123.42 of the Revised Code are	931
not liable for any injury caused by administering the medication	932
medications, performing the health-related activities, or task	933
performing the tube feedings, if allboth of the following apply:	934

(A) Prior to giving or applying the medication or peforming	935
the nursing task, the county board worker received a copy of the	936
statement or the revised statement required to be given under	937
division (C) of section 5126.353 of the Revised Code;	938

(B) The county board worker gave or applied the medication	939
or performed the nursing taskMR/DD personnel acted in accordance	940
with the methods taught in training completed pursuant to division	941
(D)(2) ofin compliance with section 5126.3515123.42 of the	942
Revised Code;	943

(C)(B) The county board workerMR/DD personnel did not act	944
in a manner that constitutes wanton or reckless misconduct.	945

Sec. 5123.43.  (A) The department of mental retardation and	946
developmental disabilities shall develop courses for the training	947
of MR/DD personnel in the administration of prescribed	948
medications, performance of health-related activities, and	949
performance of tube feedings pursuant to the authority granted	950
under section 5123.42 of the Revised Code. The department may	951
develop separate or combined training courses for the	952
administration of prescribed medications, performance of	953
health-related activities, and performance of tube feedings.	954
Training in the administration of prescribed medications through	955
gastrostomy and jejunostomy tubes may be included in a course	956
providing training in tube feedings. Training in the	957
administration of insulin may be developed as a separate course or	958
included in a course providing training in the administration of	959
other prescribed medications.	960

(B)(1) The department shall adopt rules in accordance	961
with section 5123.46 of the Revised Code that specify the content	962
and length of the training courses developed under this section.	963
The rules may include any other standards the department considers	964
necessary for the training courses.	965

(2) In adopting rules that specify the content of a training	966
course or part of a training course that trains MR/DD personnel in	967
the administration of prescribed medications, the department shall	968
ensure that the content includes all of the following:	969

(a) Infection control and universal precautions;

970

(b) Correct and safe practices, procedures, and techniques	971
for administering prescribed medication;	972

(c) Assessment of drug reaction, including known side	973
effects, interactions, and the proper course of action if a side	974
effect occurs;	975

(d) The requirements for documentation of medications	976
administered to each individual;	977

(e) The requirements for documentation and notification of	978
medication errors;	979

(f) Information regarding the proper storage and care of	980
medications;	981

(g) Information about proper receipt of prescriptions and	982
transcription of prescriptions into an individual's medication	983
administration record, except when the MR/DD personnel being	984
trained will administer prescribed medications only to residents	985
of a residential facility with seventeen or more resident beds who	986
are participating in a field trip, as specified in division (A)(9)	987
of section 5123.42 of the Revised Code;	988

(h) Course completion standards that require successful	989
demonstration of proficiency in administering prescribed	990
medications;	991

(i) Any other material or course completion standards that	992
the department considers relevant to the administration of	993
prescribed medications by MR/DD personnel.	994

Sec. 5123.44. The department of mental retardation and	995
developmental disabilities shall develop courses that train	996
registered nurses to provide the MR/DD personnel training courses	997
developed under section 5123.43 of the Revised Code. The	998
department may develop courses that train registered nurses to	999
provide all of the courses developed under section 5123.43 of the	1000
Revised Code or any one or more of the courses developed under	1001
that section.	1002

The department shall adopt rules in accordance with section	1003
5123.46 of the Revised Code that specify the content and length of	1004
the training courses. The rules may include any other standards	1005
the department considers necessary for the training courses.	1006

Sec. 5123.441. (A) Each MR/DD personnel training course	1007
developed under section 5123.43 of the Revised Code shall be	1008
provided by a registered nurse.	1009

(B)(1) Except as provided in division (B)(2) of this section,	1010
to provide a training course or courses to MR/DD personnel, a	1011
registered nurse shall obtain the certificate or certificates	1012
required by the department and issued under section 5123.45 of the	1013
Revised Code. The registered nurse shall provide only the	1014
training course or courses authorized by the certificate or	1015
certificates the registered nurse holds.	1016

(2) A registered nurse is not required to obtain a	1017
certificate to provide a training course to MR/DD personnel if the	1018
only MR/DD personnel to whom the course or courses are provided	1019
are those who administer prescribed medications, perform	1020
health-related activities, or perform tube feedings for residents	1021
of a residential facility with seventeen or more resident beds who	1022
are on a field trip from the facility, as specified in division	1023
(A)(9) of section 5123.42 of the Revised Code. To provide the	1024
training course or courses, the registered nurse shall	1025
successfully complete the training required by the department	1026
through the courses it develops under section 5123.44 of the	1027
Revised Code. The registered nurse shall provide only the	1028
training courses authorized by the training the registered nurse	1029
completes.	1030

Sec. 5123.45. (A) The department of mental retardation and	1031
developmental disabilities shall establish a program under which	1032
the department issues certificates to the following:	1033

(1) MR/DD personnel, for purposes of meeting the	1034
requirement of division (C)(1) of section 5123.42 of the Revised	1035
Code to obtain a certificate or certificates to administer	1036
prescribed medications, perform health-related activities, and	1037
perform tube feedings;	1038

(2) Registered nurses, for purposes of meeting the	1039
requirement of division (B)(1) of section 5123.441 of the Revised	1040
Code to obtain a certificate or certificates to provide the MR/DD	1041
personnel training courses developed under section 5123.43 of the	1042
Revised Code.	1043

(B)(1) Except as provided in division (B)(2) of this	1044
section, to receive a certificate issued under this section, MR/DD	1045
personnel and registered nurses shall successfully complete the	1046
applicable training course or courses and meet all other	1047
applicable requirements established in rules adopted pursuant to	1048
this section. The department shall issue the appropriate	1049
certificate or certificates to MR/DD personnel and registered	1050
nurses who meet the requirements for the certificate or	1051
certificates.	1052

(2) The department shall include provisions in the program	1053
for issuing certificates to the following:	1054

(a) MR/DD personnel who, on the effective date of this	1055
section, are authorized to provide care to individuals with mental	1056
retardation and developmental disabilities pursuant to section	1057
5123.193 or sections 5126.351 to 5126.354 of the Revised Code. A	1058
person who receives a certificate under division (B)(2)(a) of this	1059
section shall not administer insulin until the person has been	1060
trained by a registered nurse who has received a certificate under	1061
this section that allows the registered nurse to provide training	1062
courses to MR/DD personnel in the administration of insulin.	1063

(b) Registered nurses who, on the effective date of this	1064
section, are authorized to train MR/DD personnel to provide care	1065
to individuals with mental retardation and developmental	1066
disabilities pursuant to section 5123.193 or sections 5126.351 to	1067
5126.354 of the Revised Code. A registered nurse who receives a	1068
certificate under division (B)(2)(b) of this section shall not	1069
provide training courses to MR/DD personnel in the administration	1070
of insulin unless the registered nurse completes a course	1071
developed under section 5123.44 of the Revised Code that enables	1072
the registered nurse to receive a certificate to provide training	1073
courses to MR/DD personnel in the administration of insulin.	1074

(C) Certificates issued to MR/DD personnel are valid for one	1075
year and may be renewed. Certificates issued to registered nurses	1076
are valid for two years and may be renewed.	1077

To be eligible for renewal, MR/DD personnel and registered	1078
nurses shall meet the applicable continued competency requirements	1079
and continuing education requirements specified in rules adopted	1080
under division (D) of this section. In the case of registered	1081
nurses, continuing nursing education completed in compliance with	1082
the license renewal requirements established under Chapter 4723.	1083
of the Revised Code may be counted toward meeting the continuing	1084
education requirements established in the rules adopted under	1085
division (D) of this section.	1086

(D) In accordance with section 5123.46 of the Revised Code,	1087
the department shall adopt rules that establish all of the	1088
following:	1089

(1) Requirements that MR/DD personnel and registered nurses	1090
must meet to be eligible to take a training course;	1091

(2) Standards that must be met to receive a certificate,	1092
including requirements pertaining to an applicant's criminal	1093
background;	1094

(3) Procedures to be followed in applying for a certificate	1095
and issuing a certificate;	1096

(4) Standards and procedures for renewing a certificate,	1097
including requirements for continuing education and, in the case	1098
of MR/DD personnel who administer prescribed medications,	1099
standards that require successful demonstration of proficiency in	1100
administering prescribed medications;	1101

(5) Standards and procedures for suspending or revoking a	1102
certificate;	1103

(6) Standards and procedures for suspending a certificate	1104
without a hearing pending the outcome of an investigation;	1105

(7) Any other standards or procedures the department	1106
considers necessary to administer the certification program.	1107

Sec. 5123.451. The department of mental retardation and	1108
developmental disabilities shall establish and maintain a registry	1109
that lists all MR/DD personnel and registered nurses holding valid	1110
certificates issued under section 5123.45 of the Revised Code. The	1111
registry shall specify the type of certificate held and any	1112
limitations that apply to a certificate holder. The department	1113
shall make the information in the registry available to the public	1114
in computerized form or any other manner that provides continuous	1115
access to the information in the registry.	1116

Sec. 5123.46.  All rules adopted under sections 5123.41 to	1117
5123.45 of the Revised Code shall be adopted in consultation with	1118
the board of nursing and the Ohio nurses association. The rules	1119
shall be adopted in accordance with Chapter 119. of the Revised	1120
Code.	1121

Sec. 5126.357.        Sec. 5123.47.  (A) As used in this section:

1122

(1) "In-home care" means the supportive services provided	1123
within the home of an individual with mental retardation or a	1124
developmental disability who receives funding for the services as	1125
through a county board clientof mental retardation and	1126
developmental disabilities, including any client who receives	1127
recipient of residential services funded throughas home and	1128
community-based services, family support services provided under	1129
section 5126.11 of the Revised Code, or supported living provided	1130
in accordance with sections 5126.41 to 5126.47 of the Revised	1131
Code. "In-home care" includes care that is provided outside a	1132
client'san individual's home in places incidental to the home,	1133
and while traveling to places incidental to the home, except that	1134
"in-home care" does not include care provided in the facilities of	1135
a county board of mental retardation and developmental	1136
disabilities or care provided in schools.	1137

(2) "Parent" means either parent of a child, including an	1138
adoptive parent but not a foster parent.	1139

(3) "Unlicensed in-home care worker" means an individual who	1140
provides in-home care but is not a health care professional. A	1141
county board worker may be an unlicensed in-home care worker.	1142

(4) "Family member" means a parent, sibling, spouse, son,	1143
daughter, grandparent, aunt, uncle, cousin, or guardian of the	1144
individual with mental retardation or a developmental disability	1145
if the individual with mental retardation or developmental	1146
disabilities lives with the person and is dependent on the person	1147
to the extent that, if the supports were withdrawn, another living	1148
arrangement would have to be found.	1149

(5) "Health care professional" means any of the following:

1150

(a) A dentist who holds a valid license issued under Chapter	1151
4715. of the Revised Code;	1152

(b) A registered or licensed practical nurse who holds a	1153
valid license issued under Chapter 4723. of the Revised Code;	1154

(c) An optometrist who holds a valid license issued under	1155
Chapter 4725. of the Revised Code;	1156

(d) A pharmacist who holds a valid license issued under	1157
Chapter 4729. of the Revised Code;	1158

(e) A person who holds a valid certificate issued under	1159
Chapter 4731. of the Revised Code to practice medicine and	1160
surgery, osteopathic medicine and surgery, podiatric medicine and	1161
surgery, or a limited brand of medicine;	1162

(f) A physician assistant who holds a valid certificate	1163
issued under Chapter 4730. of the Revised Code;	1164

(g) An occupational therapist or occupational therapy	1165
assistant or a physical therapist or physical therapist assistant	1166
who holds a valid license issued under Chapter 4755. of the	1167
Revised Code;	1168

(h) A respiratory care professional who holds a valid	1169
license issued under Chapter 4761. of the Revised Code.	1170

(6) "Health care task" means a task that is prescribed,	1171
ordered, delegated, or otherwise directed by a health care	1172
professional acting within the scope of the professional's	1173
practice.	1174

(B) Except as provided in division (D)(E) of this section, a	1175
family member of an individual with mental retardation or a	1176
developmental disability may authorize an unlicensed in-home care	1177
worker to give or applyadminister oral and topical prescribed	1178
medicationmedications or perform other health care tasks as part	1179
of the in-home care providedthe worker provides to the	1180
individual, if theall of the following apply:	1181

(1) The family member is the primary supervisor of the care	1182
and the.	1183

(2) The unlicensed in-home care worker has been selected by	1184
the family member or the individual receiving care and is under	1185
the direct supervision of the family member. Sections 4723.62 and	1186
5126.351 to 5126.356 of the Revised Code do not apply to the	1187
in-home care authorized by a family member under this section.	1188
Instead, a	1189

(3) The unlicensed in-home care worker is providing the	1190
care through an employment or other arrangement entered into	1191
directly with the family member and is not otherwise employed by	1192
or under contract with a person or government entity to provide	1193
services to individuals with mental retardation and developmental	1194
disabilities.	1195

(C) A family member shall obtain a prescription, if	1196
applicable, and written instructions from a health care	1197
professional for the care to be provided to the individual. The	1198
family member shall authorize the unlicensed in-home care worker	1199
to provide the care by preparing a written document granting the	1200
authority. The family member shall provide the unlicensed in-home	1201
care worker with appropriate training and written instructions in	1202
accordance with the instructions obtained from the health care	1203
professional.	1204

(C)(D) A family member who authorizes an unlicensed in-home	1205
care worker to give or applyadminister oral and topical	1206
prescribed medicationmedications or perform other health care	1207
tasks retains full responsibility for the health and safety of the	1208
individual receiving the care and for ensuring that the worker	1209
provides the care appropriately and safely. No entity that funds	1210
or monitors the provision of in-home care may be held liable for	1211
the results of the care provided under this section by an	1212
unlicensed in-home care worker, including such entities as the	1213
county board of mental retardation and developmental disabilities,	1214
any other entity that employs an unlicensed in-home care worker,	1215
and the department of mental retardation and developmental	1216
disabilities.	1217

An unlicensed in-home care worker who is authorized under	1218
this section by a family member to provide care to an individual	1219
may not be held liable for any injury caused in providing the	1220
care, unless the worker provides the care in a manner that is not	1221
in accordance with the training and instructions received or the	1222
worker acts in a manner that constitutes wanton or reckless	1223
misconduct.	1224

(D)(E) A county board of mental retardation and	1225
developmental disabilities may evaluate the authority granted by a	1226
family member under this section to an unlicensed in-home care	1227
worker at any time it considers necessary and shall evaluate the	1228
authority on receipt of a complaint. If the board determines that	1229
a family member has acted in a manner that is inappropriate for	1230
the health and safety of the individual receiving the services	1231
care, the authorization granted by the family member to an	1232
unlicensed in-home care worker is void, and the family member may	1233
not authorize other unlicensed in-home care workers to provide the	1234
care. In making such a determination, the board shall use	1235
appropriately licensed health care professionals and shall provide	1236
the family member an opportunity to file a complaint under section	1237
5126.06 of the Revised Code.	1238

Sec. 5123.50.  As used in this section and sections 5123.51	1239
and 5123.52 of the Revised Code:	1240

(A) "Abuse" means all of the following:

1241

(1) The use of physical force that can reasonably be	1242
expected to result in physical harm or serious physical harm;	1243

(2) Sexual abuse;

1244

(3) Verbal abuse.

1245

(B) "Misappropriation" means depriving, defrauding, or	1246
otherwise obtaining the real or personal property of an individual	1247
by any means prohibited by the Revised Code, including violations	1248
of Chapter 2911. or 2913. of the Revised Code.	1249

(C) "MR/DD employee" means all of the following:

1250

(1) An employee of the department of mental retardation and	1251
developmental disabilities;	1252

(2) An employee of a county board of mental retardation and	1253
developmental disabilities;	1254

(3) An "ICF/MR worker," as defined in section 5123.193 of the	1255
Revised Code;	1256

(4) An individual who is employedemployee in a position	1257
that includes providing specialized services to an individual with	1258
mental retardation or a developmental disability.	1259

(D) "Neglect" means, when there is a duty to do so, failing	1260
to provide an individual with any treatment, care, goods, or	1261
services that are necessary to maintain the health and safety of	1262
the individual.	1263

(E) "Physical harm" and "serious physical harm" have the	1264
same meanings as in section 2901.01 of the Revised Code.	1265

(F) "Sexual abuse" means unlawful sexual conduct or sexual	1266
contact, as those terms are defined in section 2907.01 of the	1267
Revised Code.	1268

(G) "Specialized services" means any program or service	1269
designed and operated to serve primarily individuals with mental	1270
retardation or a developmental disability, including a program or	1271
service provided by an entity licensed or certified by the	1272
department of mental retardation and developmental disabilities. A	1273
program or service available to the general public is not a	1274
specialized service.	1275

(H) "Verbal abuse" means purposely using words to threaten,	1276
coerce, intimidate, harass, or humiliate an individual.	1277

Sec. 5123.611.  (A) As used in this section, "MR/DD	1278
employee" means all of the following:	1279

(1) An employee of the department of mental retardation and	1280
developmental disabilities;	1281

(2) An employee of a county board of mental retardation and	1282
developmental disabilities;	1283

(3) An "ICF/MR worker," as defined in section 5123.193 of the	1284
Revised Code;	1285

(4) An individual who is employedemployee in a position	1286
that includes providing specialized services, as defined in	1287
section 5123.50 of the Revised Code, to an individual with mental	1288
retardation or a developmental disability.	1289

(B) At the conclusion of a review of a report of abuse,	1290
neglect, or a major unusual incident that is conducted by a review	1291
committee established pursuant to section 5123.61 of the Revised	1292
Code, the committee shall issue recommendations to the department.	1293
The department shall review the committee's recommendations and	1294
issue a report of its findings. The department shall make the	1295
report available to all of the following:	1296

(1) The personindividual with mental retardation or a	1297
developmental disability who is the subject of the report;	1298

(2) That person'sindividual's guardian or legal counsel;

1299

(3) The licensee, as defined in section 5123.19 of the	1300
Revised Code, of a residential facility in which the person	1301
individual resides;	1302

(4) The employer of any MR/DD employee who allegedly	1303
committed or was responsible for the abuse, neglect, or major	1304
unusual incident.	1305

(C) Except as provided in this section, the department shall	1306
not disclose its report to any person or government entity that is	1307
not authorized to investigate reports of abuse, neglect, or other	1308
major unusual incidents, unless the personindividual with mental	1309
retardation or a developmental disability who is the subject of	1310
the report or the person'sindividual's guardian gives the	1311
department written consent.	1312

Sec. 5123.65. In addition to the rights specified in section	1313
5123.62 of the Revised Code, individuals with mental retardation	1314
and developmental disabilities who can safely self-administer	1315
medication or receive assistance with self-administration of	1316
medication have the right to self-administer medication or receive	1317
assistance with the self-administration of medication. The	1318
department of mental retardation and developmental disabilities	1319
shall adopt rules as it considers necessary to implement and	1320
enforce this section. The rules shall be adopted in accordance	1321
with Chapter 119. of the Revised Code.	1322

Sec. 5126.355.        Sec. 5123.651. A county board of mental retardation	1323
and developmental disabilities may permit a county board worker to	1324
assist a county board client(A) As used in this section, "MR/DD	1325
personnel" and "prescribed medication" have the same meanings as	1326
in section 5123.41 of the Revised Code.	1327

(B) MR/DD personnel who are not specifically authorized by	1328
other provisions of the Revised Code to provide assistance in the	1329
self-administration of prescribed medication. Whenmay, under	1330
this section, provide that assistance as part of the services they	1331
provide to individuals with mental retardation and developmental	1332
disabilities. To provide assistance with self-administration of	1333
prescribed medication, MR/DD personnel are not required to be	1334
trained or certified in accordance with section 5123.42 of the	1335
Revised Code.	1336

(C) When assisting a county board client in the	1337
self-administration of prescribed medication, a county board	1338
workerMR/DD personnel shall take only thosethe following actions	1339
authorized by the board of nursing pursuant to rules adopted under	1340
section 4723.62 of the Revised Code:	1341

(1) Remind an individual when to take the medication and	1342
observe the individual to ensure that the individual follows the	1343
directions on the container;	1344

(2) Assist an individual by taking the medication in its	1345
container from the area where it is stored, handing the container	1346
with the medication in it to the individual, and opening the	1347
container, if the individual is physically unable to open the	1348
container;	1349

(3) Assist, on request by or with the consent of, a	1350
physically impaired but mentally alert individual, with removal of	1351
oral or topical medication from the container and with the	1352
individual's taking or applying of the medication. If an	1353
individual is physically unable to place a dose of oral medication	1354
to the individual's mouth without spilling or dropping it, MR/DD	1355
personnel may place the dose in another container and place that	1356
container to the individual's mouth.	1357

Sec. 5126.30.  As used in sections 5126.30 to 5126.335126.34	1358
of the Revised Code:	1359

(A) "Adult" means a person eighteen years of age or older	1360
with mental retardation or a developmental disability.	1361

(B) "Caretaker" means a person who is responsible for the	1362
care of an adult by order of a court, including an order of	1363
guardianship, or who assumes the responsibility for the care of an	1364
adult as a volunteer, as a family member, by contract, or by the	1365
acceptance of payment for care.	1366

(C) "Abuse" has the same meaning as in section 5123.50 of	1367
the Revised Code, except that it includes a misappropriation, as	1368
defined in that section.	1369

(D) "Neglect" has the same meaning as in section 5123.50 of	1370
the Revised Code.	1371

(E) "Working day" means Monday, Tuesday, Wednesday,	1372
Thursday, or Friday, except when that day is a holiday as defined	1373
in section 1.14 of the Revised Code.	1374

(F) "Incapacitated" means lacking understanding or capacity,	1375
with or without the assistance of a caretaker, to make and carry	1376
out decisions regarding food, clothing, shelter, health care, or	1377
other necessities, but does not include mere refusal to consent to	1378
the provision of services.	1379

Sec. 5126.31.  (A) A county board of mental retardation and	1380
developmental disabilities shall review reports of abuse and	1381
neglect made under section 5123.61 of the Revised Code and reports	1382
referred to it under section 5101.611 of the Revised Code to	1383
determine whether the person who is the subject of the report is	1384
an adult with mental retardation or a developmental disability in	1385
need of services to deal with the abuse or neglect. The board	1386
shall give notice of each report to the registry office of the	1387
department of mental retardation and developmental disabilities	1388
established pursuant to section 5123.61 of the Revised Code on the	1389
first working day after receipt of the report. If the report	1390
alleges that there is a substantial risk to the adult of immediate	1391
physical harm or death, the board shall initiate review within	1392
twenty-four hours of its receipt of the report. If the board	1393
determines that the person is sixty years of age or older but does	1394
not have mental retardation or a developmental disability, it	1395
shall refer the case to the county department of job and family	1396
services. If the board determines that the person is an adult	1397
with mental retardation or a developmental disability, it shall	1398
continue its review of the case.	1399

(B) For each review over which the board retains	1400
responsibility under division (A) of this section, it shall do all	1401
of the following:	1402

(1) Give both written and oral notice of the purpose of the	1403
review to the adult and, if any, to the adult's legal counsel or	1404
caretaker, in simple and clear language;	1405

(2) Visit the adult, in the adult's residence if possible,	1406
and explain the notice given under division (B)(1) of this	1407
section;	1408

(3) Request from the registry office any prior reports	1409
concerning the adult or other principals in the case;	1410

(4) Consult, if feasible, with the person who made the	1411
report under section 5101.61 or 5123.61 of the Revised Code and	1412
with any agencies or persons who have information about the	1413
alleged abuse or neglect;	1414

(5) Cooperate fully with the law enforcement agency	1415
responsible for investigating the report and for filing any	1416
resulting criminal charges and, on request, turn over evidence to	1417
the agency;	1418

(6) Determine whether the adult needs services, and prepare	1419
a written report stating reasons for the determination. No adult	1420
shall be determined to be abused, neglected, or in need of	1421
services for the sole reason that, in lieu of medical treatment,	1422
the adult relies on or is being furnished spiritual treatment	1423
through prayer alone in accordance with the tenets and practices	1424
of a church or religious denomination of which the adult is a	1425
member or adherent.	1426

(C) The board shall arrange for the provision of services	1427
for the prevention, correction or discontinuance of abuse or	1428
neglect or of a condition resulting from abuse or neglect for any	1429
adult who has been determined to need the services and consents to	1430
receive them. These services may include, but are not limited to,	1431
service and support administration, fiscal management, medical,	1432
mental health, home health care, homemaker, legal, and residential	1433
services and the provision of temporary accommodations and	1434
necessities such as food and clothing. The services do not	1435
include acting as a guardian, trustee, or protector as defined in	1436
section 5123.55 of the Revised Code. If the provision of	1437
residential services would require expenditures by the department	1438
of mental retardation and developmental disabilities, the board	1439
shall obtain the approval of the department prior to arranging the	1440
residential services.	1441

To arrange services, the board shall:

1442

(1) Develop an individualized service plan identifying the	1443
types of services required for the adult, the goals for the	1444
services, and the persons or agencies that will provide them;	1445

(2) In accordance with rules established by the director of	1446
mental retardation and developmental disabilities, obtain the	1447
consent of the adult or the adult's guardian to the provision of	1448
any of these services and obtain the signature of the adult or	1449
guardian on the individual service plan. An adult who has been	1450
found incompetent under Chapter 2111. of the Revised Code may	1451
consent to services. If the board is unable to obtain consent, it	1452
may seek, if the adult is incapacitated, a court order pursuant to	1453
section 5126.33 of the Revised Code authorizing the board to	1454
arrange these services.	1455

(D) The board shall ensure that the adult receives the	1456
services arranged by the board from the provider and shall have	1457
the services terminated if the adult withdraws consent.	1458

(E) On completion of a review, the board shall submit a	1459
written report to the registry office established under section	1460
5123.61 of the Revised Code. If the report includes a finding	1461
that a person with mental retardation or a developmental	1462
disability is a victim of action or inaction that may constitute a	1463
crime under federal law or the law of this state, the board shall	1464
submit the report to the law enforcement agency responsible for	1465
investigating the report. Reports prepared under this section are	1466
not public records as defined in section 149.43 of the Revised	1467
Code.	1468

(F) The board shall provide comprehensive formal training	1469
for employees and other persons authorized to implement the	1470
requirements of this section.	1471

Sec. 5126.312.        Sec. 5126.34. TheEach county board of mental	1472
retardation and developmental disabilities shall provide	1473
comprehensive, formal training for county board employees and	1474
other persons authorized to implement sections 5126.30 to 5126.34	1475
of the Revised Code.	1476

The department of mental retardation and developmental	1477
disabilities shall adopt rules establishing minimum standards for	1478
the training provided by county boards of mental retardation and	1479
developmental disabilities pursuant to division (F) ofthis	1480
section 5126.31 of the Revised Code. The training provided by the	1481
county boards shall meet the minimum standards prescribed by the	1482
rules.	1483

Sec. 5126.36. (A) As used in this section, "health-related	1484
activities," "prescribed medication," and "tube feeding" have the	1485
same meanings as in section 5123.41 of the Revised Code.	1486

(B) In accordance with sections 5123.42 and 5123.651 of the	1487
Revised Code, an employee of a county board of mental retardation	1488
or developmental disabilities or an entity under contract with the	1489
board who is not specifically authorized by other provisions of	1490
the Revised Code to administer prescribed medications, perform	1491
health-related activities, perform tube feedings, or provide	1492
assistance in the self-administration of prescribed medications	1493
may do so pursuant to the authority granted under those sections.	1494

Section 2. That existing sections 4731.053, 5123.19, 5123.50,	1495
5123.611, 5126.30, 5126.31, 5126.312, 5126.354, 5126.355, and	1496
5126.357 of the Revised Code are hereby repealed.	1497

Section 3. Except as otherwise provided in this section,	1498
Sections 1 and 2 of this act take effect at the earliest time	1499
permitted by law. Sections 4731.053, 5123.50, 5123.611, 5126.354	1500
(5123.422), and 5126.357 (5123.47) of the Revised Code, as amended	1501
by this act, take effect nine months after the effective date of	1502
this section.	1503

Section 4. Sections 4723.61, 4723.62, 5123.193, 5126.35,	1504
5126.351, 5126.352, 5126.353, and 5126.356 of the Revised Code are	1505
hereby repealed, effective nine months after the effective date of	1506
this section.	1507

Section 5. The Director of Mental Retardation and	1508
Developmental Disabilities shall adopt rules in accordance with	1509
Chapter 119. of the Revised Code establishing a schedule for	1510
residential facilities licensed under section 5123.19 of the	1511
Revised Code on the effective date of this section to seek renewal	1512
of the license in accordance with the amendments made by this act	1513
to that section. Notwithstanding division (C) of section 5123.19	1514
of the Revised Code, as amended by this act, a residential	1515
facility license in effect on the effective date of this section	1516
shall remain in effect until the Director renews or refuses to	1517
renew the license, unless the license is terminated, revoked, or	1518
voluntarily surrendered.	1519

Section 6. (A) There is hereby created the MR/DD Consumer	1520
Information Advisory Council consisting of the following members:	1521

(1) One representative of the Department of Mental	1522
Retardation and Developmental Disabilities, appointed by the	1523
Director of Mental Retardation and Developmental Disabilities;	1524

(2) One representative of People First of Ohio, appointed by	1525
the organization's president;	1526

(3) One representative of the Ohio Association of County	1527
Boards of Mental Retardation and Developmental Disabilities,	1528
appointed by the association's president;	1529

(4) Two representatives of the Ohio Health Care Association,	1530
appointed by the association's chairperson;	1531

(5) Two representatives of the Ohio Provider Resource	1532
Association, appointed by the association's president;	1533

(6) One representative of the ARC of Ohio, appointed by the	1534
association's president;	1535

(7) One representative of the Ohio Legal Rights Service,	1536
appointed by its administrator;	1537

(8) One representative of the Ohio Superintendents of County	1538
Boards of Mental Retardation and Developmental Disabilities,	1539
appointed by, the organization's president;	1540

(9) One representative of Advocacy and Protective Services,	1541
Inc., appointed by the organization's executive director;	1542

(10) One representative of the Ohio Developmental	1543
Disabilities Council, appointed by the organization's executive	1544
director.	1545

(B) Each member of the Council shall serve at the discretion	1546
of the member's appointing authority. Except to the extent that	1547
serving as a member is part of a member's regular employment	1548
duties, members shall serve without compensation or reimbursement	1549
for expenses.	1550

(C) The representative of the Department of Mental	1551
Retardation and Developmental Disabilities shall serve as the	1552
Council's chairperson and shall convene the Council's meetings.	1553

(D) The Department of Mental Retardation and Developmental	1554
Disabilities shall supply meeting space and staff support for the	1555
Council.	1556

(E) The Council shall develop recommendations on methods of	1557
providing consumer information about services available under	1558
Chapters 5123. and 5126. of the Revised Code in a manner that	1559
promotes awareness of the range of available services and is easy	1560
to use and understand. The Council shall issue a report on its	1561
recommendations to the Director of Mental Retardation and	1562
Developmental Disabilities not later than September 1, 2003. On	1563
issuance of the report, the Council shall cease to exist.	1564