As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 572

Representative Dovilla 

Cosponsors: Representatives Derickson, Kozlowski, Grossman 

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A BILL

To amend sections 2317.54, 5101.60, 5101.61,

1

5101.611, 5101.62 to 5101.64, 5101.66 to 5101.71,

2

5101.72, 5101.99, 5123.61, and 5126.31; to amend,

3

for the purpose of adopting new section numbers as

4

indicated in parentheses, sections 5101.61

5

(5101.63), 5101.611 (5101.64), 5101.62 (5101.65),

6

5101.63 (5101.652), 5101.64 (5101.66), 5101.65

7

(5101.68), 5101.66 (5101.681), 5101.67 (5101.682),

8

5101.68 (5101.69), 5101.69 (5101.70), 5101.70

9

(5101.71), 5101.71 (5101.61), and 5101.72

10

(5101.611); and to enact new sections 5101.62,

11

5101.67, and 5101.72 and sections 5101.631,

12

5101.632, 5101.651, 5101.701, 5101.702, 5101.74,

13

and 5101.741 of the Revised Code to revise the

14

laws governing the provision of adult protective

15

services; and to amend the version of section

16

5123.61 of the Revised Code that is scheduled to

17

take effect on October 1, 2012, to continue

18

amendments made by this act to that section.

19

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

Section 1. That sections 2317.54, 5101.60, 5101.61, 5101.611,	20
5101.62, 5101.63, 5101.64, 5101.66, 5101.67, 5101.68, 5101.69,	21
5101.70, 5101.71, 5101.72, 5101.99, 5123.61, and 5126.31 be	22
amended; sections 5101.61 (5101.63), 5101.611 (5101.64), 5101.62	23
(5101.65), 5101.63 (5101.652), 5101.64 (5101.66), 5101.65	24
(5101.68), 5101.66 (5101.681), 5101.67 (5101.682), 5101.68	25
(5101.69), 5101.69 (5101.70), 5101.70 (5101.71), 5101.71	26
(5101.61), and 5101.72 (5101.611) be amended for the purpose of	27
adopting new section numbers as indicated in parentheses; and new	28
sections 5101.62, 5101.67, and 5101.72 and sections 5101.631,	29
5101.632, 5101.651, 5101.701, 5101.702, 5101.74, and 5101.741 of	30
the Revised Code be enacted to read as follows:	31

Sec. 2317.54.  No hospital, home health agency, ambulatory	32
surgical facility, or provider of a hospice care program shall be	33
held liable for a physician's failure to obtain an informed	34
consent from the physician's patient prior to a surgical or	35
medical procedure or course of procedures, unless the physician is	36
an employee of the hospital, home health agency, ambulatory	37
surgical facility, or provider of a hospice care program.	38

Written consent to a surgical or medical procedure or course	39
of procedures shall, to the extent that it fulfills all the	40
requirements in divisions (A), (B), and (C) of this section, be	41
presumed to be valid and effective, in the absence of proof by a	42
preponderance of the evidence that the person who sought such	43
consent was not acting in good faith, or that the execution of the	44
consent was induced by fraudulent misrepresentation of material	45
facts, or that the person executing the consent was not able to	46
communicate effectively in spoken and written English or any other	47
language in which the consent is written. Except as herein	48
provided, no evidence shall be admissible to impeach, modify, or	49
limit the authorization for performance of the procedure or	50
procedures set forth in such written consent.	51

(A) The consent sets forth in general terms the nature and	52
purpose of the procedure or procedures, and what the procedures	53
are expected to accomplish, together with the reasonably known	54
risks, and, except in emergency situations, sets forth the names	55
of the physicians who shall perform the intended surgical	56
procedures.	57

(B) The person making the consent acknowledges that such	58
disclosure of information has been made and that all questions	59
asked about the procedure or procedures have been answered in a	60
satisfactory manner.	61

(C) The consent is signed by the patient for whom the	62
procedure is to be performed, or, if the patient for any reason	63
including, but not limited to, competence, infancy, or the fact	64
that, at the latest time that the consent is needed, the patient	65
is under the influence of alcohol, hallucinogens, or drugs, lacks	66
legal capacity to consent, by a person who has legal authority to	67
consent on behalf of such patient in such circumstances.	68

Any use of a consent form that fulfills the requirements	69
stated in divisions (A), (B), and (C) of this section has no	70
effect on the common law rights and liabilities, including the	71
right of a physician to obtain the oral or implied consent of a	72
patient to a medical procedure, that may exist as between	73
physicians and patients on July 28, 1975.	74

As used in this section the term "hospital" has the same	75
meaning as in section 2305.113 of the Revised Code; "home health	76
agency" has the same meaning as in section 5101.613701.881 of the	77
Revised Code; "ambulatory surgical facility" has the meaning as in	78
division (A) of section 3702.30 of the Revised Code; and "hospice	79
care program" has the same meaning as in section 3712.01 of the	80
Revised Code. The provisions of this division apply to hospitals,	81
doctors of medicine, doctors of osteopathic medicine, and doctors	82
of podiatric medicine.	83

Sec. 5101.60.  As used in sections 5101.60 to 5101.715101.72	84
of the Revised Code:	85

(A) "Abandonment" means desertion of an adult by a caretaker	86
without having made provision for transfer of the adult's care.	87

(B) "Abuse" means the infliction upon an adult by self or	88
others of injury, unreasonable confinement, intimidation, or cruel	89
punishment with resulting physical harm, pain, or mental anguish.	90

(B)(C) "Adult" means any person sixty years of age or older	91
within this state who is handicapped by the infirmities of aging	92
or who has a physical or mental impairment which prevents the	93
person from providing for the person's own care or protection, and	94
who resides in an independent living arrangement. An "independent	95
living arrangement" is a domicile of a person's own choosing,	96
including, but not limited to, a private home, apartment, trailer,	97
or rooming house. An "independent living arrangement" includes an	98
adult care facility licensed pursuant to Chapter 5119. of the	99
Revised Code, but does not include other institutions or	100
facilities licensed by the state or facilities in which a person	101
resides as a result of voluntary, civil, or criminal commitment.	102

(C)(D) "Area agency on aging" means a public or private	103
nonprofit entity designated under section 173.011 of the Revised	104
Code to administer programs on behalf of the department of aging.	105

(E) "Caretaker" means the person assuming the primary	106
responsibility for the care of an adult onby any of the following	107
means:	108

(1) On a voluntary basis, by;

109

(2) By contract, through;

110

(3) Through receipt of payment for care, as;

111

(4) As a result of a family relationship, or by;

112

(5) By order of a court of competent jurisdiction.

113

(D)(F) "Community mental health agency" means any agency,	114
program, or facility with which a board of alcohol, drug	115
addiction, and mental health services contracts to provide the	116
mental health services listed in section 340.09 of the Revised	117
Code.	118

(G) "Court" means the probate court in the county where an	119
adult resides.	120

(E)(H) "Emergency" means that the adult is living in	121
conditions which present a substantial risk of immediate and	122
irreparable physical harm or death to self or any other person.	123

(F)(I) "Emergency services" means protective services	124
furnished to an adult in an emergency.	125

(G)(J) "Exploitation" means the unlawful or improper act of a	126
caretakerperson that has an ongoing relationship with an adult	127
using, in one or more transactions, an adult or an adult's	128
resources for monetary or personal benefit, profit, or gain.	129

(H)(K) "Financial harm" means impairing an adult's financial	130
assets by unlawfully obtaining or exerting control over the	131
adult's real or personal property in any of the following ways:	132

(1) Without the adult's consent or the person authorized to	133
give consent on the adult's behalf;	134

(2) Beyond the scope of the express or implied consent of the	135
adult or the person authorized to give consent on the adult's	136
behalf;	137

(3) By deception;

138

(4) By threat;

139

(5) By intimidation.

140

(L) "In need of protective services" means an adult known or	141
suspected to be suffering from abuse, neglect, or exploitation to	142
an extent that either life is endangered or physical harm, mental	143
anguish, or mental illness results or is likely to result.	144

(I)(M) "Incapacitated person" means a person who is impaired	145
for any reason to the extent that the person lacks sufficient	146
understanding or capacity to make and carry out reasonable	147
decisions concerning the person's self or resources, with or	148
without the assistance of a caretaker. Refusal to consent to the	149
provision of services shall not be the sole determinative that the	150
person is incapacitated. "Reasonable decisions" are decisions made	151
in daily living which facilitate the provision of food, shelter,	152
clothing, and health care necessary for life support.	153

(J)(N) "Independent living arrangement" means a domicile of a	154
person's own choosing, including, but not limited to, a private	155
home, apartment, trailer, or rooming house. "Independent living	156
arrangement" includes an adult care facility licensed pursuant to	157
Chapter 5119. of the Revised Code, but does not include any other	158
institution or facility licensed by the state or a facility in	159
which a person resides as a result of voluntary, civil, or	160
criminal commitment.	161

(O) "Mental illness" means a substantial disorder of thought,	162
mood, perception, orientation, or memory that grossly impairs	163
judgment, behavior, capacity to recognize reality, or ability to	164
meet the ordinary demands of life.	165

(K)(P) "Neglect" means any of the failurefollowing:

166

(1) Failure of an adult to provide for self the goods or	167
services necessary to avoid physical harm, mental anguish, or	168
mental illness or the failure;	169

(2) Failure of a caretaker to provide such goods or services;

170

(3) Abandonment.

171

(L)(Q) "Ongoing relationship" has the meaning established	172
under division (B)(2) of section 5101.61 of the Revised Code.	173

(R) "Outpatient health facility" means a facility where	174
medical care and preventive, diagnostic, therapeutic,	175
rehabilitative, or palliative items or services are provided to	176
outpatients by or under the direction of a physician or dentist.	177

(S) "Peace officer" means a peace officer as defined in	178
section 2935.01 of the Revised Code.	179

(M)(T) "Physical harm" means bodily pain, injury, impairment,	180
or disease suffered by an adult.	181

(N)(U) "Protective services" means services provided by the	182
county department of job and family services or its designated	183
agency to an adult who has been determined by evaluation to	184
require such services for the prevention, correction, or	185
discontinuance of an act of as well as conditions resulting from	186
abuse, neglect, or exploitation. Protective services may include,	187
but are not limited to, case work services, medical care, mental	188
health services, legal services, fiscal management, home health	189
care, homemaker services, housing-related services, guardianship	190
services, and placement services as well as the provision of such	191
commodities as food, clothing, and shelter.	192

(O)(V) "Reasonable decisions" means decisions made in daily	193
living that facilitate the provision of food, shelter, clothing,	194
and health care necessary for life support.	195

(W) "Senior service provider" means a person who provides	196
care or specialized services to an adult, except that it does not	197
include the state long-term care ombudsperson or a regional	198
long-term care ombudsperson.	199

(X) "Working day" means Monday, Tuesday, Wednesday, Thursday,	200
and Friday, except when such day is a holiday as defined in	201
section 1.14 of the Revised Code.	202

Sec. 5101.71.        Sec. 5101.61.  (A) The county departmentsdepartment	203
of job and family services shall implement sections 5101.60 to	204
5101.715101.72 of the Revised Code. The department of job and	205
family services may provide a program of ongoing, comprehensive,	206
formal training to county departments and other agencies	207
authorized to implement sections 5101.60 to 5101.71 of the Revised	208
Code. Training shall not be limited to the procedures for	209
implementing section 5101.62 of the Revised Code.	210

(B)(1) The director of job and family services may adopt	211
rules in accordance with section 111.15 of the Revised Code	212
governing the county departments' implementation of sections	213
5101.60 to 5101.715101.72 of the Revised Code by the department	214
and the administration of those sections by county departments of	215
job and family services. The rules adopted pursuant to this	216
division may include a requirement that the county departments	217
provide on forms prescribed by the rules a plan of proposed	218
expenditures, and a report of actual expenditures, of funds	219
necessary to implementadminister sections 5101.60 to 5101.71	220
5101.72 of the Revised Code.	221

(2) The director shall adopt rules in accordance with section	222
111.15 of the Revised Code that establish a definition of "ongoing	223
relationship."	224

Sec. 5101.72.        Sec. 5101.611. (A) The department of job and family	225
services, to the extent of available funds, may reimburse county	226
departments of job and family services for all or part of the	227
costs they incur in implementingadministering sections 5101.60 to	228
5101.715101.72 of the Revised Code. The director of job and	229
family services shall adopt internal management rules in	230
accordance with section 111.15 of the Revised Code that provide	231
for reimbursement of the county departments of job and family	232
services under this section.	233

The(B) In addition to any rules adopted under division (B)	234
of section 5101.61 of the Revised Code, the director shall adopt	235
internal management rules in accordance with section 111.15 of the	236
Revised Code that do both of the following:	237

(A)(1) Implement sections 5101.60 to 5101.715101.72 of the	238
Revised Code;	239

(B)(2) Require the county departments to collect and submit	240
to the department, or ensure that a designated agency collects and	241
submits to the department, data concerning the implementation	242
administration of sections 5101.60 to 5101.715101.72 of the	243
Revised Code.	244

Sec. 5101.62.  In implementing sections 5101.60 to 5101.72 of	245
the Revised Code, the department of job and family services shall	246
do all of the following:	247

(A) Identify the core services for interventions that are to	248
be offered to adults in need of protective services;	249

(B) Maintain data by county on the implementation of sections	250
5101.60 to 5101.72 of the Revised Code;	251

(C) Provide a program of ongoing, comprehensive, formal	252
training on the implementation of sections 5101.60 to 5101.72 of	253
the Revised Code and require all protective services caseworkers	254
and their supervisors to undergo the training;	255

(D) Develop and make available educational materials for	256
individuals who are required under section 5101.63 of the Revised	257
Code to make reports of abuse, neglect, and exploitation;	258

(E) Facilitate ongoing cooperation among state agencies on	259
issues pertaining to the abuse, neglect, or exploitation of	260
adults;	261

(F) Develop a model memorandum of understanding for purposes	262
of section 5101.651 of the Revised Code.	263

Sec. 5101.61.        Sec. 5101.63.  (A) As used in this section:

264

(1) "Senior service provider" means any person who provides	265
care or services to a person who is an adult as defined in	266
division (B) of section 5101.60 of the Revised Code.	267

(2) "Ambulatory health facility" means a nonprofit, public or	268
proprietary freestanding organization or a unit of such an agency	269
or organization that:	270

(a) Provides preventive, diagnostic, therapeutic,	271
rehabilitative, or palliative items or services furnished to an	272
outpatient or ambulatory patient, by or under the direction of a	273
physician or dentist in a facility which is not a part of a	274
hospital, but which is organized and operated to provide medical	275
care to outpatients;	276

(b) Has health and medical care policies which are developed	277
with the advice of, and with the provision of review of such	278
policies, an advisory committee of professional personnel,	279
including one or more physicians, one or more dentists, if dental	280
care is provided, and one or more registered nurses;	281

(c) Has a medical director, a dental director, if dental care	282
is provided, and a nursing director responsible for the execution	283
of such policies, and has physicians, dentists, nursing, and	284
ancillary staff appropriate to the scope of services provided;	285

(d) Requires that the health care and medical care of every	286
patient be under the supervision of a physician, provides for	287
medical care in a case of emergency, has in effect a written	288
agreement with one or more hospitals and other centers or clinics,	289
and has an established patient referral system to other resources,	290
and a utilization review plan and program;	291

(e) Maintains clinical records on all patients;

292

(f) Provides nursing services and other therapeutic services	293
in accordance with programs and policies, with such services	294
supervised by a registered professional nurse, and has a	295
registered professional nurse on duty at all times of clinical	296
operations;	297

(g) Provides approved methods and procedures for the	298
dispensing and administration of drugs and biologicals;	299

(h) Has established an accounting and record keeping system	300
to determine reasonable and allowable costs;	301

(i) "Ambulatory health facilities" also includes an	302
alcoholism treatment facility approved by the joint commission on	303
accreditation of healthcare organizations as an alcoholism	304
treatment facility or certified by the department of alcohol and	305
drug addiction services, and such facility shall comply with other	306
provisions of this division not inconsistent with such	307
accreditation or certification.	308

(3) "Community mental health facility" means a facility which	309
provides community mental health services and is included in the	310
comprehensive mental health plan for the alcohol, drug addiction,	311
and mental health service district in which it is located.	312

(4) "Community mental health service" means services, other	313
than inpatient services, provided by a community mental health	314
facility.	315

(5) "Home health agency" means an institution or a distinct	316
part of an institution operated in this state which:	317

(a) Is primarily engaged in providing home health services;

318

(b) Has home health policies which are established by a group	319
of professional personnel, including one or more duly licensed	320
doctors of medicine or osteopathy and one or more registered	321
professional nurses, to govern the home health services it	322
provides and which includes a requirement that every patient must	323
be under the care of a duly licensed doctor of medicine or	324
osteopathy;	325

(c) Is under the supervision of a duly licensed doctor of	326
medicine or doctor of osteopathy or a registered professional	327
nurse who is responsible for the execution of such home health	328
policies;	329

(d) Maintains comprehensive records on all patients;

330

(e) Is operated by the state, a political subdivision, or an	331
agency of either, or is operated not for profit in this state and	332
is licensed or registered, if required, pursuant to law by the	333
appropriate department of the state, county, or municipality in	334
which it furnishes services; or is operated for profit in this	335
state, meets all the requirements specified in divisions (A)(5)(a)	336
to (d) of this section, and is certified under Title XVIII of the	337
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	338
amended.	339

(6) "Home health service" means the following items and	340
services, provided, except as provided in division (A)(6)(g) of	341
this section, on a visiting basis in a place of residence used as	342
the patient's home:	343

(a) Nursing care provided by or under the supervision of a	344
registered professional nurse;	345

(b) Physical, occupational, or speech therapy ordered by the	346
patient's attending physician;	347

(c) Medical social services performed by or under the	348
supervision of a qualified medical or psychiatric social worker	349
and under the direction of the patient's attending physician;	350

(d) Personal health care of the patient performed by aides in	351
accordance with the orders of a doctor of medicine or osteopathy	352
and under the supervision of a registered professional nurse;	353

(e) Medical supplies and the use of medical appliances;

354

(f) Medical services of interns and residents-in-training	355
under an approved teaching program of a nonprofit hospital and	356
under the direction and supervision of the patient's attending	357
physician;	358

(g) Any of the foregoing items and services which:

359

(i) Are provided on an outpatient basis under arrangements	360
made by the home health agency at a hospital or skilled nursing	361
facility;	362

(ii) Involve the use of equipment of such a nature that the	363
items and services cannot readily be made available to the patient	364
in the patient's place of residence, or which are furnished at the	365
hospital or skilled nursing facility while the patient is there to	366
receive any item or service involving the use of such equipment.	367

Any attorney, physician, osteopath, podiatrist, chiropractor,	368
dentist, psychologist, any employee of a hospital as defined in	369
section 3701.01 of the Revised Code, any nurse licensed under	370
Chapter 4723. of the Revised Code, any employee of an ambulatory	371
health facility, any employee of a home health agency, any	372
employee of an adult care facility as defined in section 5119.70	373
of the Revised Code, any employee of a nursing home, residential	374
care facility, or home for the aging, as defined in section	375
3721.01 of the Revised Code, any senior service provider, any	376
peace officer, coroner, clergyman, any employee of a community	377
mental health facility, and any person engaged in social work or	378
counseling(1) Any individual listed in division (A)(2) of this	379
section having reasonable cause to believe that an adult is being	380
abused, neglected, or exploited, or is in a condition which is the	381
result of abuse, neglect, or exploitation shall immediately report	382
such belief to the county department of job and family services.	383
This section does not apply to employees of any hospital or public	384
hospital as defined in section 5122.01 of the Revised Code.	385

(2) All of the following are subject to division (A)(1) of	386
this section:	387

(a) An attorney admitted to the practice of law in this	388
state;	389

(b) An individual authorized under Chapter 4731. of the	390
Revised Code to practice medicine and surgery, osteopathic	391
medicine and surgery, or podiatric medicine and surgery;	392

(c) An individual licensed under Chapter 4734. of the Revised	393
Code as a chiropractor;	394

(d) An individual licensed under Chapter 4715. of the Revised	395
Code as a dentist;	396

(e) An individual licensed under Chapter 4723. of the Revised	397
Code as a registered nurse or licensed practical nurse;	398

(f) An individual licensed under Chapter 4732. of the Revised	399
Code as a psychologist;	400

(g) An individual licensed under Chapter 4757. of the Revised	401
Code as a social worker, independent social worker, professional	402
counselor, professional clinical counselor, marriage and family	403
therapist, or independent marriage and family therapist;	404

(h) An individual licensed under Chapter 4729. of the Revised	405
Code as a pharmacist;	406

(i) An individual holding a certificate to practice as a	407
dialysis technician issued under Chapter 4723. of the Revised	408
Code;	409

(j) An employee of a home health agency, as defined in	410
section 3701.881 of the Revised Code;	411

(k) An employee of an outpatient health facility;

412

(l) An employee of a hospital, as defined in section 3727.01	413
of the Revised Code;	414

(m) An employee of a hospital or public hospital, as defined	415
in section 5122.01 of the Revised Code;	416

(n) An employee of a nursing home or residential care	417
facility, as defined in section 3721.01 of the Revised Code;	418

(o) An employee of an adult care facility, as defined in	419
section 5119.70 of the Revised Code;	420

(p) An employee of a health department operated by the board	421
of health of a city or general health district or the authority	422
having the duties of a board of health under section 3709.05 of	423
the Revised Code;	424

(q) An employee of a community mental health agency, as	425
defined in section 5122.01 of the Revised Code;	426

(r) An agent of a county humane society organized under	427
section 1717.05 of the Revised Code;	428

(s)An individual who is a firefighter for a lawfully	429
constituted fire department;	430

(t) An individual who is an ambulance driver for an emergency	431
medical service organization, as defined in section 4765.01 of the	432
Revised Code;	433

(u) A first responder, emergency medical technician-basic,	434
emergency medical technician-intermediate, or paramedic, as those	435
terms are defined in section 4765.01 of the Revised Code;	436

(v) An official employed by a local building department to	437
conduct inspections of houses and other residential buildings;	438

(w) A peace officer;

439

(x) A coroner;

440

(y) A member of the clergy;

441

(z) An individual who holds a certificate issued under	442
Chapter 4701. of the Revised Code as a certified public accountant	443
or is registered under that chapter as a public accountant;	444

(aa) An individual licensed under Chapter 4735. of the	445
Revised Code as a real estate broker or real estate salesperson;	446

(bb) An individual appointed and commissioned under section	447
147.01 of the Revised Code as a notary public;	448

(cc) An employee of a bank, savings bank, savings and loan	449
association, or credit union organized under the laws of this	450
state, another state, or the United States;	451

(dd) An investment advisor, as defined in section 1707.01 of	452
the Revised Code;	453

(ee) A financial planner accredited by a national	454
accreditation agency;	455

(ff) Any other individual who is a senior service provider.

456

(B) Any person having reasonable cause to believe that an	457
adult has suffered abuse, neglect, or exploitation may report, or	458
cause reportsa report to be made of such belief to the county	459
department of job and family services.	460

(C)(1) The reports made under this section shall be made	461
orally or in writing except that. The county department of job and	462
family services shall transcribe an oral reports shall be followed	463
byreport into a written report if a written. Each report is	464
requested by the department. Written reports shall include all of	465
the following:	466

(1)(a) The name, address, and approximate age of the adult	467
who is the subject of the report;	468

(2)(b) The name and address of the individual responsible for	469
the adult's care, if any individual is, and if the individual is	470
known;	471

(3)(c) The nature and extent of the alleged abuse, neglect,	472
or exploitation of the adult;	473

(4)(d) The basis of the reporter's belief that the adult has	474
been abused, neglected, or exploited.	475

(2) The county department of job and family services shall	476
transmit a copy of each report received under this section to the	477
registry established by the department of job and family services	478
under section 5101.631 of the Revised Code.	479

(D) Any person with reasonable cause to believe that an adult	480
is suffering abuse, neglect, or exploitation who makes a report	481
pursuant to this section or who testifies in any administrative or	482
judicial proceeding arising from such a report, or any employee of	483
the state or any of its subdivisions who is discharging	484
responsibilities under section 5101.625101.65 of the Revised Code	485
shall be immune from civil or criminal liability on account of	486
such investigation, report, or testimony, except liability for	487
perjury, unless the person has acted in bad faith or with	488
malicious purpose.	489

(E) No employer or any other person with the authority to do	490
so shall dischargedo any of the following as a result of an	491
employee's having filed a report under this section:	492

(1) Discharge, demote, transfer, or prepare a negative work	493
performance evaluation, or reduce;	494

(2) Reduce benefits, pay, or work privileges, or take;

495

(3) Take any other action detrimental to anthe employee or	496
in any way retaliate against anthe employee as a result of the	497
employee's having filed a report under this section.	498

(F) Neither the written or oral report provided for in this	499
section nor the investigatory report provided for in section	500
5101.625101.65 of the Revised Code shall be considered a public	501
record as defined in section 149.43 of the Revised Code.	502
InformationOn request, information contained in the report shall	503
upon request be made available to the adult who is the subject of	504
the report, to agencies authorized by the county department of job	505
and family services to receive information contained in the	506
report, and to legal counsel for the adult. If it determines that	507
there is a risk of harm to a person who makes a report under this	508
section or to the adult who is the subject of the report, the	509
county department of job and family services may redact the name	510
and identifying information related to the person who made the	511
report.	512

Sec. 5101.631. (A) Not later than two years after the	513
effective date of this section, the department of job and family	514
services shall establish a registry to maintain reports of abuse,	515
neglect, or exploitation of adults, whether investigated or not,	516
made to county departments of job and family services under	517
section 5101.63 of the Revised Code. The department shall release	518
information in the registry to county departments of job and	519
family services in accordance with division (B) of section 5101.65	520
of the Revised Code and may release information in the registry to	521
law enforcement agencies through the Ohio law enforcement gateway	522
established under section 109.57 of the Revised Code.	523

(B) The department of job and family services shall develop a	524
plan to implement the registry. Not later than six months after	525
the effective date of this section, the department shall present	526
its plan to the elder abuse commission created under section	527
5101.74 of the Revised Code. The department shall provide an	528
opportunity for public comment on the plan.	529

Sec. 5101.632. Each entity that employs or is responsible for	530
licensing or regulating the individuals required under section	531
5101.63 of the Revised Code to make reports of abuse, neglect, or	532
exploitation of adults shall ensure that the individuals have	533
access to the educational materials developed under division (D)	534
of section 5101.62 of the Revised Code.	535

Sec. 5101.611.        Sec. 5101.64.  If a county department of job and	536
family services knows or has reasonable cause to believe that the	537
subject of a report made under section 5101.615101.63 of the	538
Revised Code or of an investigation conducted under sections	539
5101.62 to 5101.64section 5101.65 of the Revised Code or on the	540
initiative of the county department is mentally retarded or	541
developmentally disabled, as defined in section 5126.01 of the	542
Revised Code, the county department shall refer the case to the	543
county board of developmental disabilities of that county for	544
review pursuant to section 5126.31 of the Revised Code.	545

If a county board of developmental disabilities refers a case	546
to the county department of job and family services in accordance	547
with section 5126.31, the county department shall proceed with the	548
case in accordance with sections 5101.60 to 5101.715101.72 of the	549
Revised Code.	550

Sec. 5101.62.        Sec. 5101.65.  The county department of job and	551
family services shall be responsible for the investigation of all	552
reports provided for in section 5101.615101.63 and all cases	553
referred to it under section 5126.31 of the Revised Code and for	554
evaluating the need for and, to the extent of available funds	555
services, providing or arranging for the provision of protective	556
services. The department may designate another agency to perform	557
the department's duties under this section.	558

Investigation of the report provided for in section 5101.61	559
5101.63 or a case referred to the department under section 5126.31	560
of the Revised Code shall be initiated within twenty-four hours	561
after the department receives the report or case if any emergency	562
exists; otherwise investigation shall be initiated within three	563
working days.	564

Investigation ofIn investigating the need for protective	565
services, the department shall include a face-to-face visit with	566
do all of the following:	567

(A) Visit the adult who is the subject of the report,	568
preferably in the adult's residence, and consultation;	569

(B) Request from the registry established by the department	570
of job and family services under section 5101.631 of the Revised	571
Code any reports of prior abuse, neglect, or exploitation	572
concerning the adult;	573

(C) Consult with the person who made the report, if feasible,	574
and agencies or persons who have information about the adult's	575
alleged abuse, neglect, or exploitation.	576

The department shall give written notice of the intent of the	577
investigation and an explanation of the notice in language	578
reasonably understandable to the adult who is the subject of the	579
investigationreport, at the time of the initial interview with	580
that person.	581

Upon completion of the investigation, the department shall	582
determine from its findings whether or not the adult who is the	583
subject of the report is in need of protective services. No adult	584
shall be determined to be abused, neglected, or in need of	585
protective services for the sole reason that, in lieu of medical	586
treatment, the adult relies on or is being furnished spiritual	587
treatment through prayer alone in accordance with the tenets and	588
practices of a church or religious denomination of which the adult	589
is a member or adherent. The department shall write a report which	590
confirms or denies the need for protective services and states why	591
it reached this conclusion.	592

Sec. 5101.651. (A)(1) Each county department of job and	593
family services or its designated agency, in conjunction with the	594
area agency on aging that serves the region in which the county is	595
located, shall prepare a memorandum of understanding establishing	596
the guidelines to be employed in the investigation of a report of	597
adult abuse, neglect, or exploitation made pursuant to section	598
5101.63 of the Revised Code. The memorandum shall comply with the	599
requirements established by section 5101.65 of the Revised Code	600
for such investigations. The memorandum shall have as its primary	601
goal the utilization of a structured and systematic investigation	602
protocol regarding the reports. The memorandum may be based on the	603
model memorandum of understanding developed by the department of	604
job and family services under division (F) of section 5101.62 of	605
the Revised Code.	606

(2) If a county department of job and family services	607
designates another agency to perform any of the department's	608
duties in investigating reports of adult abuse, neglect, or	609
exploitation under section 5101.65 of the Revised Code, the	610
memorandum of understanding described in division (A)(1) of this	611
section shall include provisions that specify the duties of both	612
the department and the designated agency in investigating such	613
reports.	614

(B) The memorandum of understanding described in division	615
(A)(1) of this section shall be signed by all of the following:	616

(1) If there is only one probate judge serving the county,	617
the probate judge of the county or the judge's representative;	618

(2) If there is more than one probate judge serving the	619
county, the probate judge with administrative responsibility or	620
the judge's representative;	621

(3) The county sheriff;

622

(4) The chief municipal peace officer within the county;

623

(5) Other law enforcement officers handling adult abuse,	624
neglect, or exploitation in the county;	625

(6) The county prosecuting attorney;

626

(7) The county coroner;

627

(8) The director of the county department of job and family	628
services or a designee of the director who is directly responsible	629
for protective services for adults;	630

(9) The regional long-term care ombudsperson designated for	631
the area;	632

(10) A representative of the board of alcohol, drug addiction	633
and mental health services that serves the county;	634

(11) Entities responsible for investigating substandard	635
housing;	636

(12) A representative of the area agency on aging that serves	637
the region in which the county is located;	638

(13) A representative of a victim witness program that serves	639
the county;	640

(14) A representative of a metropolitan housing authority	641
that serves the county;	642

(15) Any other person or entity whose participation furthers	643
the goals of the memorandum of understanding.	644

(C) The memorandum of understanding described in division	645
(A)(1) of this section shall include provisions establishing an	646
elder abuse interdisciplinary team. The memorandum shall specify	647
the membership of the team and establish guidelines to be used	648
when coordinating investigations of reports of adult abuse,	649
neglect, or exploitation. The memorandum shall describe the roles	650
and responsibilities of team members, including team members'	651
roles regarding the filing of criminal charges against persons	652
alleged to have abused, neglected, or exploited adults and the	653
provision of victim services to adults pursuant to Chapter 2930.	654
of the Revised Code.	655

(D) A failure to follow the guidelines set forth in the	656
memorandum of understanding required by this section is not	657
grounds for, and shall not result in, the dismissal of any charge	658
or complaint arising from any report of abuse, neglect, or	659
exploitation or the suppression of any evidence obtained as a	660
result of a report of abuse, neglect, or exploitation and does not	661
give any rights or grounds for appeal or post-conviction relief to	662
any person.	663

Sec. 5101.63.        Sec. 5101.652.  If, during the course of an	664
investigation conducted under section 5101.625101.65 of the	665
Revised Code, any person, including the adult who is the subject	666
of the investigation, denies or obstructs access to the residence	667
of the adult, the county department of job and family services may	668
file a petition in court for a temporary restraining order to	669
prevent the interference or obstruction. The court shall issue a	670
temporary restraining order to prevent the interference or	671
obstruction if it finds there is reasonable cause to believe that	672
the adult is being or has been abused, neglected, or exploited and	673
access to the person's residence has been denied or obstructed.	674
Such a finding is prima-facie evidence that immediate and	675
irreparable injury, loss, or damage will result, so that notice is	676
not required. After obtaining an order restraining the obstruction	677
of or interference with the access of the protective services	678
representative, the representative may be accompanied to the	679
residence by a peace officer.	680

Sec. 5101.64.        Sec. 5101.66.  Any person who requests or consents to	681
receive protective services shall receive such services only after	682
an investigation and determination of a need for protective	683
services, which. The investigation shall be performed in the same	684
manner as the investigation of a report pursuant to sections	685
5101.62 and 5101.63section 5101.65 of the Revised Code. If the	686
person withdraws consent, the protective services shall be	687
terminated.	688

Sec. 5101.67. (A) A person alleged to have abused, neglected,	689
or exploited an adult may appeal the findings of an investigation	690
conducted under section 5101.65 of the Revised Code to the county	691
department of job and family services or its designated agency.	692

(B) The director of job and family services shall adopt rules	693
establishing procedures to be followed by each county department	694
of job and family services or its designated agency for hearing	695
and deciding appeals under this section. The rules shall be	696
adopted in accordance with section 111.15 of the Revised Code.	697

Sec. 5101.65.        Sec. 5101.68.  If the county department of job and	698
family services determines that an adult is in need of protective	699
services and is an incapacitated person, the department may	700
petition the court for an order authorizing the provision of	701
protective services. The petition shall state the specific facts	702
alleging the abuse, neglect, or exploitation and shall include a	703
proposed protective service plan. Any plan for protective services	704
shall be specified in the petition.	705

Sec. 5101.66.        Sec. 5101.681.  Notice of a petition for the	706
provision of court-ordered protective services as provided for in	707
section 5101.655101.68 of the Revised Code shall be personally	708
served upon the adult who is the subject of the petition at least	709
five working days prior to the date set for the hearing as	710
provided in section 5101.675101.682 of the Revised Code. Notice	711
shall be given orally and in writing in language reasonably	712
understandable to the adult. The notice shall include the names of	713
all petitioners, the basis of the belief that protective services	714
are needed, the rights of the adult in the court proceedings, and	715
the consequences of a court order for protective services. The	716
adult shall be informed of histhe right to counsel and histhe	717
right to appointed counsel if hethe adult is indigent and if	718
appointed counsel is requested. Written notice by certified mail	719
shall also be given to the adult's guardian, legal counsel,	720
caretaker, and spouse, if any, or if hethe adult has none of	721
these, to histhe adult's adult children or next of kin, if any,	722
or to any other person as the court may require. The adult who is	723
the subject of the petition may not waive notice as provided in	724
this section.	725

Sec. 5101.67.        Sec. 5101.682.  (A) The court shall hold a hearing on	726
the petition as provided in section 5101.655101.68 of the Revised	727
Code within fourteen days after its filing. The adult who is the	728
subject of the petition shall have the right to be present at the	729
hearing, present evidence, and examine and cross-examine	730
witnesses. The adult shall be represented by counsel unless the	731
right to counsel is knowingly waived. If the adult is indigent,	732
the court shall appoint counsel to represent the adult. If the	733
court determines that the adult lacks the capacity to waive the	734
right to counsel, the court shall appoint counsel to represent the	735
adult's interests.	736

(B) If the court finds, on the basis of clear and convincing	737
evidence, that the adult has been abused, neglected, or exploited,	738
is in need of protective services, and is incapacitated, and no	739
person authorized by law or by court order is available to give	740
consent, it shall issue an order requiring the provision of	741
protective services only if they are available locally.	742

(C) If the court orders placement under this section it shall	743
give consideration to the choice of residence of the adult. The	744
court may order placement in settings which have been approved by	745
the department of job and family services as meeting at least	746
minimum community standards for safety, security, and the	747
requirements of daily living. The court shall not order an	748
institutional placement unless it has made a specific finding	749
entered in the record that no less restrictive alternative can be	750
found to meet the needs of the individual. No individual may be	751
committed to a hospital or public hospital as defined in section	752
5122.01 of the Revised Code pursuant to this section.	753

(D) The placement of an adult pursuant to court order as	754
provided in this section shall not be changed unless the court	755
authorized the transfer of placement after finding compelling	756
reasons to justify the transfer. Unless the court finds that an	757
emergency exists, the court shall notify the adult of a transfer	758
at least thirty days prior to the actual transfer.	759

(E) A court order provided for in this section shall remain	760
in effect for no longer than six months. Thereafter, the county	761
department of job and family services shall review the adult's	762
need for continued services and, if the department determines that	763
there is a continued need, it shall apply for a renewal of the	764
order for additional periods of no longer than one year each. The	765
adult who is the subject of the court-ordered services may	766
petition for modification of the order at any time.	767

Sec. 5101.68.        Sec. 5101.69.  (A) If an adult has consented to the	768
provision of protective services but any other person refuses to	769
allow such provision, the county department of humanjob and	770
family services may petition the court for a temporary restraining	771
order to restrain the person from interfering with the provision	772
of protective services for the adult.	773

(B) The petition shall state specific facts sufficient to	774
demonstrate the need for protective services, the consent of the	775
adult, and the refusal of some other person to allow the provision	776
of these services.	777

(C) Notice of the petition shall be given in language	778
reasonably understandable to the person alleged to be interfering	779
with the provision of services;.	780

(D) The court shall hold a hearing on the petition within	781
fourteen days after its filing. If the court finds that the	782
protective services are necessary, that the adult has consented to	783
the provisionsprovision of such services, and that the person who	784
is the subject of the petition has prevented such provision, the	785
court shall issue a temporary restraining order to restrain the	786
person from interfering with the provision of protective services	787
to the adult.	788

Sec. 5101.69.        Sec. 5101.70.  (A) Upon petition by the county	789
department of humanjob and family services, the court may issue	790
an order authorizing the provision of protective services on an	791
emergency basis to an adult. The petition for any emergency order	792
shall include all of the following:	793

(1) The name, age, and address of the adult in need of	794
protective services;	795

(2) The nature of the emergency;

796

(3) The proposed protective services;

797

(4) The petitioner's reasonable belief, together with facts	798
supportive thereof, as to the existence of the circumstances	799
described in divisions (D)(1) to (3) of this section;	800

(5) Facts showing the petitioner's attempts to obtain the	801
adult's consent to the protective services.	802

(B) Notice of the filing and contents of the petition	803
provided for in division (A) of this section, the rights of the	804
person in the hearing provided for in division (C) of this	805
section, and the possible consequences of a court order, shall be	806
given to the adult. Notice shall also be given to the spouse of	807
the adult or, if hethe adult has none, to histhe adult's adult	808
children or next of kin, and histhe adult's guardian, if any, if	809
histhe guardian's whereabouts are known. The notice shall be	810
given in language reasonably understandable to its recipients at	811
least twenty-four hours prior to the hearing provided for in this	812
section. The court may waive the twenty-four hour notice	813
requiementrequirement upon a showing that both of the following	814
are the case:	815

(1) Immediate and irreparable physical harm or immediate and	816
irreparable financial harm to the adult or others will result from	817
the twenty-four hour delay; and	818

(2) Reasonable attempts have been made to notify the adult,	819
histhe adult's spouse, or, if hethe adult has none, histhe	820
adult's adult children or next of kin, if any, and histhe adult's	821
guardian, if any, if histhe guardian's whereabouts are known.	822

Notice of the court's determination shall be given to all	823
persons receiving notice of the filing of the petition provided	824
for in this division.	825

(C) Upon receipt of a petition for an order for emergency	826
services, the court shall hold a hearing no sooner than	827
twenty-four and no later than seventy-two hours after the notice	828
provided for in division (B) of this section has been given,	829
unless the court has waived the notice. The adult who is the	830
subject of the petition shall have the right to be present at the	831
hearing, present, evidence, and examine and cross-examine	832
witnesses.	833

(D) The court shall issue an order authorizing the provision	834
of protective services on an emergency basis if it finds, on the	835
basis of clear and convincing evidence, thatall of the following:	836

(1) The adult is an incapacitated person;

837

(2) An emergency exists;

838

(3) No person authorized by law or court order to give	839
consent for the adult is available or willing to consent to	840
emergency services.	841

(E) In issuing an emergency order, the court shall adhere to	842
the following limitations:	843

(1) The court shall order only such protective services as	844
are necessary and available locally to remove the conditions	845
creating the emergency, and the court shall specifically designate	846
those protective services the adult shall receive;	847

(2) The court shall not order any change of residence under	848
this section unless the court specifically finds that a change of	849
residence is necessary;	850

(3) The court may order emergency sericesservices only for	851
fourteen days. The department may petition the court for a renewal	852
of the order for a fourteen-day period upon a showing that	853
continuation of the order is necessary to remove the emergency.	854

(4) In its order the court shall authorize the director of	855
the county department or histhe director's designee to give	856
consent for the person for the approved emergency services until	857
the expiration of the order;	858

(5) The court shall not order a person to a hospital or	859
public hospital as defined in section 5122.01 of the Revised Code.	860

(F) If the county department determines that the adult	861
continues to need protective services after the order provided for	862
in division (D) of this section has expired, the department may	863
petition the court for an order to continue protective services,	864
pursuant to section 5101.655101.68 of the Revised Code. After the	865
filing of the petition, the department may continue to provide	866
protective services pending a hearing by the court.	867

Sec. 5101.701. (A) A court, through a probate judge or a	868
magistrate under the direction of a probate judge, may issue by	869
telephone an ex parte emergency order authorizing the provision of	870
protective services, including the relief available under division	871
(B) of section 5101.702 of the Revised Code, to an adult on an	872
emergency basis if all of the following are the case:	873

(1) The court receives notice from the county department of	874
job and family services, or an authorized employee of the	875
department, that the department or employee believes an emergency	876
order is needed as described in this section.	877

(2) There is reasonable cause to believe that the adult is	878
incapacitated.	879

(3) There is reasonable cause to believe that there is a	880
substantial risk to the adult of immediate and irreparable	881
physical harm, immediate and irreparable financial harm, or death.	882

(B) An order issued under this section shall be in effect for	883
not longer than twenty-four hours, except that if the day	884
following the day on which the order is issued is not a working	885
day, the order shall remain in effect until the next working day.	886

(C)(1) Except as provided in division (C)(2) of this section,	887
not later than twenty-four hours after an order is issued under	888
this section, a petition shall be filed with the court in	889
accordance with division (A) of section 5101.70 of the Revised	890
Code.	891

(2) If the day following the day on which the order was	892
issued is not a working day, the petition shall be filed with the	893
court on the next working day.	894

(3) Except as provided in section 5101.702 of the Revised	895
Code, proceedings on the petition shall be conducted in accordance	896
with section 5101.70 of the Revised Code.	897

Sec. 5101.702.  (A) If an order is issued pursuant to section	898
5101.701 of the Revised Code, the court shall hold a hearing not	899
later than twenty-four hours after the issuance to determine	900
whether there is probable cause for the order, except that if the	901
day following the day on which the order is issued is not a	902
working day, the court shall hold the hearing on the next working	903
day.	904

(B) At the hearing, the court:

905

(1) Shall determine whether protective services are the least	906
restrictive alternative available for meeting the adult's needs;	907

(2) May issue temporary orders to protect the adult from	908
immediate and irreparable physical harm or immediate and	909
irreparable financial harm, including, but not limited to,	910
temporary protection orders, evaluations, and orders requiring a	911
party to vacate the adult's place of residence or legal	912
settlement;	913

(3) May order emergency services;

914

(4) May freeze the financial assets of the adult.

915

(C) A temporary order issued pursuant to division (B)(2) of	916
this section is effective for thirty days. The court may renew the	917
order for an additional thirty-day period.	918

Information contained in the order may be entered into the	919
law enforcement automated data system.	920

Sec. 5101.70.        Sec. 5101.71.  (A) If it appears that an adult in	921
need of protective services has the financial means sufficient to	922
pay for such services, the county department of job and family	923
services shall make an evaluation regarding such means. If the	924
evaluation establishes that the adult has such financial means,	925
the department shall initiate procedures for reimbursement	926
pursuant to rules promulgated by the departmentadopted under	927
section 5101.61 of the Revised Code. If the evaluation establishes	928
that the adult does not have such financial means, the services	929
shall be provided in accordance with the policies and procedures	930
established by the state department of job and family services for	931
the provision of welfare assistance. An adult shall not be	932
required to pay for court-ordered protective services unless the	933
court determines upon a showing by the county department of job	934
and family services that the adult is financially able to pay and	935
the court orders the adult to pay.	936

(B) Whenever the county department of job and family services	937
has petitioned the court to authorize the provision of protective	938
services and the adult who is the subject of the petition is	939
indigent, the court shall appoint legal counsel.	940

Sec. 5101.72. (A) An adult in need of protective services or	941
a representative of such an adult may file a complaint with the	942
county department of job and family services or its designated	943
agency alleging that protective services were not provided to the	944
adult or that the protective services were inadequate to address	945
the adult's needs. The department or agency shall investigate the	946
complaint and attempt to resolve it.	947

(B) The director of job and family services shall adopt rules	948
establishing procedures to be followed by a county department of	949
job and family services or its designated agency regarding the	950
investigation and resolution of complaints filed under this	951
section. The rules shall be adopted in accordance with section	952
111.15 of the Revised Code.	953

Sec. 5101.74.  (A) There is hereby created the elder abuse	954
commission. The commission shall consist of the following members:	955

(1) The following members, appointed by the attorney general:

956

(a) One representative of the AARP;

957

(b) One representative of the buckeye state sheriffs'	958
association;	959

(c) One representative of the county commissioners'	960
association of Ohio;	961

(d) One representative of the Ohio association of area	962
agencies on aging;	963

(e) One representative of the board of nursing;

964

(f) One representative of the Ohio coalition for adult	965
protective services;	966

(g) One person who represents the interests of elder abuse	967
victims;	968

(h) One person who represents the interests of elderly	969
persons;	970

(i) One representative of the Ohio domestic violence network;

971

(j) One representative of the Ohio prosecuting attorneys	972
association;	973

(k) One representative of the Ohio victim witness	974
association;	975

(l) One representative of the Ohio association of chiefs of	976
police;	977

(m) One representative of the Ohio association of probate	978
judges;	979

(n) Two representatives of national organizations that focus	980
on elder abuse or sexual violence.	981

(2) The following ex officio members:

982

(a) The attorney general or the attorney general's designee;

983

(b) The chief justice of the supreme court of Ohio or the	984
chief justice's designee;	985

(c) The governor or the governor's designee;

986

(d) The director of aging or the director's designee;

987

(e) The director of job and family services or the director's	988
designee;	989

(f) The director of health or the director's designee;

990

(g) The director of mental health or the director's designee;

991

(h) The director of alcohol and drug addiction services or	992
the director's designee;	993

(i) The director of developmental disabilities or the	994
director's designee;	995

(j) The superintendent of insurance or the superintendent's	996
designee;	997

(k) The director of public safety or the director's designee;

998

(l) The state long-term care ombudsperson or the	999
ombudsperson's designee;	1000

(m) One member of the house of representatives, appointed by	1001
the speaker of the house of representatives;	1002

(n) One member of the senate, appointed by the president of	1003
the senate.	1004

(C) Members who are appointed shall serve at the pleasure of	1005
the attorney general. Vacancies shall be filled in the same manner	1006
as original appointments.	1007

(D) All members of the commission shall serve as voting	1008
members. The attorney general shall select from among the	1009
appointed members a chairperson. The commission shall meet at the	1010
call of the chairperson, but not less than four times per year.	1011
Special meetings may be called by the chairperson and shall be	1012
called by the chairperson at the request of the attorney general.	1013
The commission may establish its own quorum requirements and	1014
procedures regarding the conduct of meetings and other affairs.	1015

(E) Members shall serve without compensation, but may be	1016
reimbursed for mileage and other actual and necessary expenses	1017
incurred in the performance of their official duties.	1018

(F) Sections 101.82 to 101.87 of the Revised Code do not	1019
apply to the elder abuse commission.	1020

Sec. 5101.741.  (A) The elder abuse commission shall	1021
formulate and recommend strategies on all of the following:	1022

(1) Increasing awareness of and improving education on elder	1023
abuse;	1024

(2) Increasing research on elder abuse;

1025

(3) Improving policy, funding, and programming related to	1026
elder abuse;	1027

(4) Improving the judicial response to elder abuse victims;

1028

(5) Identifying ways to coordinate statewide efforts to	1029
address elder abuse.	1030

(B) The commission shall prepare and issue a biennial report	1031
on a plan of action that may be used by local communities to aid	1032
in the development of efforts to combat elder abuse.	1033

(C) The attorney general may adopt rules as necessary for the	1034
commission to carry out its duties. The rules shall be adopted in	1035
accordance with section 111.15 of the Revised Code.	1036

Sec. 5101.99.  (A) Whoever violates division (A) or (B) of	1037
section 5101.615101.63 of the Revised Code shall be fined not	1038
more than five hundred dollars.	1039

(B) Whoever violates division (A) of section 5101.27 of the	1040
Revised Code is guilty of a misdemeanor of the first degree.	1041

(C) Whoever violates section 5101.133 of the Revised Code is	1042
guilty of a misdemeanor of the fourth degree.	1043

Sec. 5123.61.  (A) As used in this section:

1044

(1) "Law enforcement agency" means the state highway patrol,	1045
the police department of a municipal corporation, or a county	1046
sheriff.	1047

(2) "Abuse" has the same meaning as in section 5123.50 of the	1048
Revised Code, except that it includes a misappropriation, as	1049
defined in that section.	1050

(3) "Neglect" has the same meaning as in section 5123.50 of	1051
the Revised Code.	1052

(B) The department of developmental disabilities shall	1053
establish a registry office for the purpose of maintaining reports	1054
of abuse, neglect, and other major unusual incidents made to the	1055
department under this section and reports received from county	1056
boards of developmental disabilities under section 5126.31 of the	1057
Revised Code. The department shall establish committees to review	1058
reports of abuse, neglect, and other major unusual incidents.	1059

(C)(1) Any person listed in division (C)(2) of this section,	1060
having reason to believe that a person with mental retardation or	1061
a developmental disability has suffered or faces a substantial	1062
risk of suffering any wound, injury, disability, or condition of	1063
such a nature as to reasonably indicate abuse or neglect of that	1064
person, shall immediately report or cause reports to be made of	1065
such information to the entity specified in this division. Except	1066
as provided in section 5120.173 of the Revised Code or as	1067
otherwise provided in this division, the person making the report	1068
shall make it to a law enforcement agency or to the county board	1069
of developmental disabilities. If the report concerns a resident	1070
of a facility operated by the department of developmental	1071
disabilities the report shall be made either to a law enforcement	1072
agency or to the department. If the report concerns any act or	1073
omission of an employee of a county board of developmental	1074
disabilities, the report immediately shall be made to the	1075
department and to the county board.	1076

(2) All of the following persons are required to make a	1077
report under division (C)(1) of this section:	1078

(a) Any physician, including a hospital intern or resident,	1079
any dentist, podiatrist, chiropractor, practitioner of a limited	1080
branch of medicine as specified in section 4731.15 of the Revised	1081
Code, hospital administrator or employee of a hospital, nurse	1082
licensed under Chapter 4723. of the Revised Code, employee of an	1083
ambulatoryoutpatient health facility as defined in section	1084
5101.615101.60 of the Revised Code, employee of a home health	1085
agency, employee of an adult care facility licensed under Chapter	1086
3722. of the Revised Code, or employee of a community mental	1087
health facility;	1088

(b) Any school teacher or school authority, social worker,	1089
psychologist, attorney, peace officer, coroner, or residents'	1090
rights advocate as defined in section 3721.10 of the Revised Code;	1091

(c) A superintendent, board member, or employee of a county	1092
board of developmental disabilities; an administrator, board	1093
member, or employee of a residential facility licensed under	1094
section 5123.19 of the Revised Code; an administrator, board	1095
member, or employee of any other public or private provider of	1096
services to a person with mental retardation or a developmental	1097
disability, or any MR/DD employee, as defined in section 5123.50	1098
of the Revised Code;	1099

(d) A member of a citizen's advisory council established at	1100
an institution or branch institution of the department of	1101
developmental disabilities under section 5123.092 of the Revised	1102
Code;	1103

(e) A clergyman who is employed in a position that includes	1104
providing specialized services to an individual with mental	1105
retardation or another developmental disability, while acting in	1106
an official or professional capacity in that position, or a person	1107
who is employed in a position that includes providing specialized	1108
services to an individual with mental retardation or another	1109
developmental disability and who, while acting in an official or	1110
professional capacity, renders spiritual treatment through prayer	1111
in accordance with the tenets of an organized religion.	1112

(3)(a) The reporting requirements of this division do not	1113
apply to members of the legal rights service commission or to	1114
employees of the legal rights service.	1115

(b) An attorney or physician is not required to make a report	1116
pursuant to division (C)(1) of this section concerning any	1117
communication the attorney or physician receives from a client or	1118
patient in an attorney-client or physician-patient relationship,	1119
if, in accordance with division (A) or (B) of section 2317.02 of	1120
the Revised Code, the attorney or physician could not testify with	1121
respect to that communication in a civil or criminal proceeding,	1122
except that the client or patient is deemed to have waived any	1123
testimonial privilege under division (A) or (B) of section 2317.02	1124
of the Revised Code with respect to that communication and the	1125
attorney or physician shall make a report pursuant to division	1126
(C)(1) of this section, if both of the following apply:	1127

(i) The client or patient, at the time of the communication,	1128
is a person with mental retardation or a developmental disability.	1129

(ii) The attorney or physician knows or suspects, as a result	1130
of the communication or any observations made during that	1131
communication, that the client or patient has suffered or faces a	1132
substantial risk of suffering any wound, injury, disability, or	1133
condition of a nature that reasonably indicates abuse or neglect	1134
of the client or patient.	1135

(4) Any person who fails to make a report required under	1136
division (C) of this section and who is an MR/DD employee, as	1137
defined in section 5123.50 of the Revised Code, shall be eligible	1138
to be included in the registry regarding misappropriation, abuse,	1139
neglect, or other specified misconduct by MR/DD employees	1140
established under section 5123.52 of the Revised Code.	1141

(D) The reports required under division (C) of this section	1142
shall be made forthwith by telephone or in person and shall be	1143
followed by a written report. The reports shall contain the	1144
following:	1145

(1) The names and addresses of the person with mental	1146
retardation or a developmental disability and the person's	1147
custodian, if known;	1148

(2) The age of the person with mental retardation or a	1149
developmental disability;	1150

(3) Any other information that would assist in the	1151
investigation of the report.	1152

(E) When a physician performing services as a member of the	1153
staff of a hospital or similar institution has reason to believe	1154
that a person with mental retardation or a developmental	1155
disability has suffered injury, abuse, or physical neglect, the	1156
physician shall notify the person in charge of the institution or	1157
that person's designated delegate, who shall make the necessary	1158
reports.	1159

(F) Any person having reasonable cause to believe that a	1160
person with mental retardation or a developmental disability has	1161
suffered or faces a substantial risk of suffering abuse or neglect	1162
may report or cause a report to be made of that belief to the	1163
entity specified in this division. Except as provided in section	1164
5120.173 of the Revised Code or as otherwise provided in this	1165
division, the person making the report shall make it to a law	1166
enforcement agency or the county board of developmental	1167
disabilities. If the person is a resident of a facility operated	1168
by the department of developmental disabilities, the report shall	1169
be made to a law enforcement agency or to the department. If the	1170
report concerns any act or omission of an employee of a county	1171
board of developmental disabilities, the report immediately shall	1172
be made to the department and to the county board.	1173

(G)(1) Upon the receipt of a report concerning the possible	1174
abuse or neglect of a person with mental retardation or a	1175
developmental disability, the law enforcement agency shall inform	1176
the county board of developmental disabilities or, if the person	1177
is a resident of a facility operated by the department of	1178
developmental disabilities, the director of the department or the	1179
director's designee.	1180

(2) On receipt of a report under this section that includes	1181
an allegation of action or inaction that may constitute a crime	1182
under federal law or the law of this state, the department of	1183
developmental disabilities shall notify the law enforcement	1184
agency.	1185

(3) When a county board of developmental disabilities	1186
receives a report under this section that includes an allegation	1187
of action or inaction that may constitute a crime under federal	1188
law or the law of this state, the superintendent of the board or	1189
an individual the superintendent designates under division (H) of	1190
this section shall notify the law enforcement agency. The	1191
superintendent or individual shall notify the department of	1192
developmental disabilities when it receives any report under this	1193
section.	1194

(4) When a county board of developmental disabilities	1195
receives a report under this section and believes that the degree	1196
of risk to the person is such that the report is an emergency, the	1197
superintendent of the board or an employee of the board the	1198
superintendent designates shall attempt a face-to-face contact	1199
with the person with mental retardation or a developmental	1200
disability who allegedly is the victim within one hour of the	1201
board's receipt of the report.	1202

(H) The superintendent of the board may designate an	1203
individual to be responsible for notifying the law enforcement	1204
agency and the department when the county board receives a report	1205
under this section.	1206

(I) An adult with mental retardation or a developmental	1207
disability about whom a report is made may be removed from the	1208
adult's place of residence only by law enforcement officers who	1209
consider that the adult's immediate removal is essential to	1210
protect the adult from further injury or abuse or in accordance	1211
with the order of a court made pursuant to section 5126.33 of the	1212
Revised Code.	1213

(J) A law enforcement agency shall investigate each report of	1214
abuse or neglect it receives under this section. In addition, the	1215
department, in cooperation with law enforcement officials, shall	1216
investigate each report regarding a resident of a facility	1217
operated by the department to determine the circumstances	1218
surrounding the injury, the cause of the injury, and the person	1219
responsible. The investigation shall be in accordance with the	1220
memorandum of understanding prepared under section 5126.058 of the	1221
Revised Code. The department shall determine, with the registry	1222
office which shall be maintained by the department, whether prior	1223
reports have been made concerning an adult with mental retardation	1224
or a developmental disability or other principals in the case. If	1225
the department finds that the report involves action or inaction	1226
that may constitute a crime under federal law or the law of this	1227
state, it shall submit a report of its investigation, in writing,	1228
to the law enforcement agency. If the person with mental	1229
retardation or a developmental disability is an adult, with the	1230
consent of the adult, the department shall provide such protective	1231
services as are necessary to protect the adult. The law	1232
enforcement agency shall make a written report of its findings to	1233
the department.	1234

If the person is an adult and is not a resident of a facility	1235
operated by the department, the county board of developmental	1236
disabilities shall review the report of abuse or neglect in	1237
accordance with sections 5126.30 to 5126.33 of the Revised Code	1238
and the law enforcement agency shall make the written report of	1239
its findings to the county board.	1240

(K) Any person or any hospital, institution, school, health	1241
department, or agency participating in the making of reports	1242
pursuant to this section, any person participating as a witness in	1243
an administrative or judicial proceeding resulting from the	1244
reports, or any person or governmental entity that discharges	1245
responsibilities under sections 5126.31 to 5126.33 of the Revised	1246
Code shall be immune from any civil or criminal liability that	1247
might otherwise be incurred or imposed as a result of such actions	1248
except liability for perjury, unless the person or governmental	1249
entity has acted in bad faith or with malicious purpose.	1250

(L) No employer or any person with the authority to do so	1251
shall discharge, demote, transfer, prepare a negative work	1252
performance evaluation, reduce pay or benefits, terminate work	1253
privileges, or take any other action detrimental to an employee or	1254
retaliate against an employee as a result of the employee's having	1255
made a report under this section. This division does not preclude	1256
an employer or person with authority from taking action with	1257
regard to an employee who has made a report under this section if	1258
there is another reasonable basis for the action.	1259

(M) Reports made under this section are not public records as	1260
defined in section 149.43 of the Revised Code. Information	1261
contained in the reports on request shall be made available to the	1262
person who is the subject of the report, to the person's legal	1263
counsel, and to agencies authorized to receive information in the	1264
report by the department or by a county board of developmental	1265
disabilities.	1266

(N) Notwithstanding section 4731.22 of the Revised Code, the	1267
physician-patient privilege shall not be a ground for excluding	1268
evidence regarding the injuries or physical neglect of a person	1269
with mental retardation or a developmental disability or the cause	1270
thereof in any judicial proceeding resulting from a report	1271
submitted pursuant to this section.	1272

Sec. 5126.31.  (A) A county board of developmental	1273
disabilities shall review reports of abuse and neglect made under	1274
section 5123.61 of the Revised Code and reports referred to it	1275
under section 5101.6115101.64 of the Revised Code to determine	1276
whether the person who is the subject of the report is an adult	1277
with mental retardation or a developmental disability in need of	1278
services to deal with the abuse or neglect. The board shall give	1279
notice of each report to the registry office of the department of	1280
developmental disabilities established pursuant to section 5123.61	1281
of the Revised Code on the first working day after receipt of the	1282
report. If the report alleges that there is a substantial risk to	1283
the adult of immediate physical harm or death, the board shall	1284
initiate review within twenty-four hours of its receipt of the	1285
report. If the board determines that the person is sixty years of	1286
age or older but does not have mental retardation or a	1287
developmental disability, it shall refer the case to the county	1288
department of job and family services. If the board determines	1289
that the person is an adult with mental retardation or a	1290
developmental disability, it shall continue its review of the	1291
case.	1292

(B) For each review over which the board retains	1293
responsibility under division (A) of this section, it shall do all	1294
of the following:	1295

(1) Give both written and oral notice of the purpose of the	1296
review to the adult and, if any, to the adult's legal counsel or	1297
caretaker, in simple and clear language;	1298

(2) Visit the adult, in the adult's residence if possible,	1299
and explain the notice given under division (B)(1) of this	1300
section;	1301

(3) Request from the registry office any prior reports	1302
concerning the adult or other principals in the case;	1303

(4) Consult, if feasible, with the person who made the report	1304
under section 5101.615101.63 or 5123.61 of the Revised Code and	1305
with any agencies or persons who have information about the	1306
alleged abuse or neglect;	1307

(5) Cooperate fully with the law enforcement agency	1308
responsible for investigating the report and for filing any	1309
resulting criminal charges and, on request, turn over evidence to	1310
the agency;	1311

(6) Determine whether the adult needs services, and prepare a	1312
written report stating reasons for the determination. No adult	1313
shall be determined to be abused, neglected, or in need of	1314
services for the sole reason that, in lieu of medical treatment,	1315
the adult relies on or is being furnished spiritual treatment	1316
through prayer alone in accordance with the tenets and practices	1317
of a church or religious denomination of which the adult is a	1318
member or adherent.	1319

(C) The board shall arrange for the provision of services for	1320
the prevention, correction or discontinuance of abuse or neglect	1321
or of a condition resulting from abuse or neglect for any adult	1322
who has been determined to need the services and consents to	1323
receive them. These services may include, but are not limited to,	1324
service and support administration, fiscal management, medical,	1325
mental health, home health care, homemaker, legal, and residential	1326
services and the provision of temporary accommodations and	1327
necessities such as food and clothing. The services do not include	1328
acting as a guardian, trustee, or protector as defined in section	1329
5123.55 of the Revised Code. If the provision of residential	1330
services would require expenditures by the department of	1331
developmental disabilities, the board shall obtain the approval of	1332
the department prior to arranging the residential services.	1333

To arrange services, the board shall:

1334

(1) Develop an individualized service plan identifying the	1335
types of services required for the adult, the goals for the	1336
services, and the persons or agencies that will provide them;	1337

(2) In accordance with rules established by the director of	1338
developmental disabilities, obtain the consent of the adult or the	1339
adult's guardian to the provision of any of these services and	1340
obtain the signature of the adult or guardian on the individual	1341
service plan. An adult who has been found incompetent under	1342
Chapter 2111. of the Revised Code may consent to services. If the	1343
board is unable to obtain consent, it may seek, if the adult is	1344
incapacitated, a court order pursuant to section 5126.33 of the	1345
Revised Code authorizing the board to arrange these services.	1346

(D) The board shall ensure that the adult receives the	1347
services arranged by the board from the provider and shall have	1348
the services terminated if the adult withdraws consent.	1349

(E) On completion of a review, the board shall submit a	1350
written report to the registry office established under section	1351
5123.61 of the Revised Code. If the report includes a finding that	1352
a person with mental retardation or a developmental disability is	1353
a victim of action or inaction that may constitute a crime under	1354
federal law or the law of this state, the board shall submit the	1355
report to the law enforcement agency responsible for investigating	1356
the report. Reports prepared under this section are not public	1357
records as defined in section 149.43 of the Revised Code.	1358

Section 2.  That existing sections 2317.54, 5101.60, 5101.61,	1359
5101.611, 5101.62, 5101.63, 5101.64, 5101.66, 5101.67, 5101.68,	1360
5101.69, 5101.70, 5101.71, 5101.72, 5101.99, 5123.61, and 5126.31	1361
of the Revised Code are hereby repealed.	1362

Section 3. That the version of section 5123.61 of the Revised	1363
Code that is scheduled to take effect on October 1, 2012, be	1364
amended to read as follows:	1365

Sec. 5123.61.  (A) As used in this section:

1366

(1) "Law enforcement agency" means the state highway patrol,	1367
the police department of a municipal corporation, or a county	1368
sheriff.	1369

(2) "Abuse" has the same meaning as in section 5123.50 of the	1370
Revised Code, except that it includes a misappropriation, as	1371
defined in that section.	1372

(3) "Neglect" has the same meaning as in section 5123.50 of	1373
the Revised Code.	1374

(B) The department of developmental disabilities shall	1375
establish a registry office for the purpose of maintaining reports	1376
of abuse, neglect, and other major unusual incidents made to the	1377
department under this section and reports received from county	1378
boards of developmental disabilities under section 5126.31 of the	1379
Revised Code. The department shall establish committees to review	1380
reports of abuse, neglect, and other major unusual incidents.	1381

(C)(1) Any person listed in division (C)(2) of this section,	1382
having reason to believe that a person with mental retardation or	1383
a developmental disability has suffered or faces a substantial	1384
risk of suffering any wound, injury, disability, or condition of	1385
such a nature as to reasonably indicate abuse or neglect of that	1386
person, shall immediately report or cause reports to be made of	1387
such information to the entity specified in this division. Except	1388
as provided in section 5120.173 of the Revised Code or as	1389
otherwise provided in this division, the person making the report	1390
shall make it to a law enforcement agency or to the county board	1391
of developmental disabilities. If the report concerns a resident	1392
of a facility operated by the department of developmental	1393
disabilities the report shall be made either to a law enforcement	1394
agency or to the department. If the report concerns any act or	1395
omission of an employee of a county board of developmental	1396
disabilities, the report immediately shall be made to the	1397
department and to the county board.	1398

(2) All of the following persons are required to make a	1399
report under division (C)(1) of this section:	1400

(a) Any physician, including a hospital intern or resident,	1401
any dentist, podiatrist, chiropractor, practitioner of a limited	1402
branch of medicine as specified in section 4731.15 of the Revised	1403
Code, hospital administrator or employee of a hospital, nurse	1404
licensed under Chapter 4723. of the Revised Code, employee of an	1405
ambulatoryoutpatient health facility as defined in section	1406
5101.615101.60 of the Revised Code, employee of a home health	1407
agency, employee of an adult care facility licensed under Chapter	1408
3722. of the Revised Code, or employee of a community mental	1409
health facility;	1410

(b) Any school teacher or school authority, social worker,	1411
psychologist, attorney, peace officer, coroner, or residents'	1412
rights advocate as defined in section 3721.10 of the Revised Code;	1413

(c) A superintendent, board member, or employee of a county	1414
board of developmental disabilities; an administrator, board	1415
member, or employee of a residential facility licensed under	1416
section 5123.19 of the Revised Code; an administrator, board	1417
member, or employee of any other public or private provider of	1418
services to a person with mental retardation or a developmental	1419
disability, or any MR/DD employee, as defined in section 5123.50	1420
of the Revised Code;	1421

(d) A member of a citizen's advisory council established at	1422
an institution or branch institution of the department of	1423
developmental disabilities under section 5123.092 of the Revised	1424
Code;	1425

(e) A clergymanmember of the clergy who is employed in a	1426
position that includes providing specialized services to an	1427
individual with mental retardation or another developmental	1428
disability, while acting in an official or professional capacity	1429
in that position, or a person who is employed in a position that	1430
includes providing specialized services to an individual with	1431
mental retardation or another developmental disability and who,	1432
while acting in an official or professional capacity, renders	1433
spiritual treatment through prayer in accordance with the tenets	1434
of an organized religion.	1435

(3)(a) The reporting requirements of this division do not	1436
apply to employees of the Ohio protection and advocacy system.	1437

(b) An attorney or physician is not required to make a report	1438
pursuant to division (C)(1) of this section concerning any	1439
communication the attorney or physician receives from a client or	1440
patient in an attorney-client or physician-patient relationship,	1441
if, in accordance with division (A) or (B) of section 2317.02 of	1442
the Revised Code, the attorney or physician could not testify with	1443
respect to that communication in a civil or criminal proceeding,	1444
except that the client or patient is deemed to have waived any	1445
testimonial privilege under division (A) or (B) of section 2317.02	1446
of the Revised Code with respect to that communication and the	1447
attorney or physician shall make a report pursuant to division	1448
(C)(1) of this section, if both of the following apply:	1449

(i) The client or patient, at the time of the communication,	1450
is a person with mental retardation or a developmental disability.	1451

(ii) The attorney or physician knows or suspects, as a result	1452
of the communication or any observations made during that	1453
communication, that the client or patient has suffered or faces a	1454
substantial risk of suffering any wound, injury, disability, or	1455
condition of a nature that reasonably indicates abuse or neglect	1456
of the client or patient.	1457

(4) Any person who fails to make a report required under	1458
division (C) of this section and who is an MR/DD employee, as	1459
defined in section 5123.50 of the Revised Code, shall be eligible	1460
to be included in the registry regarding misappropriation, abuse,	1461
neglect, or other specified misconduct by MR/DD employees	1462
established under section 5123.52 of the Revised Code.	1463

(D) The reports required under division (C) of this section	1464
shall be made forthwith by telephone or in person and shall be	1465
followed by a written report. The reports shall contain the	1466
following:	1467

(1) The names and addresses of the person with mental	1468
retardation or a developmental disability and the person's	1469
custodian, if known;	1470

(2) The age of the person with mental retardation or a	1471
developmental disability;	1472

(3) Any other information that would assist in the	1473
investigation of the report.	1474

(E) When a physician performing services as a member of the	1475
staff of a hospital or similar institution has reason to believe	1476
that a person with mental retardation or a developmental	1477
disability has suffered injury, abuse, or physical neglect, the	1478
physician shall notify the person in charge of the institution or	1479
that person's designated delegate, who shall make the necessary	1480
reports.	1481

(F) Any person having reasonable cause to believe that a	1482
person with mental retardation or a developmental disability has	1483
suffered or faces a substantial risk of suffering abuse or neglect	1484
may report or cause a report to be made of that belief to the	1485
entity specified in this division. Except as provided in section	1486
5120.173 of the Revised Code or as otherwise provided in this	1487
division, the person making the report shall make it to a law	1488
enforcement agency or the county board of developmental	1489
disabilities. If the person is a resident of a facility operated	1490
by the department of developmental disabilities, the report shall	1491
be made to a law enforcement agency or to the department. If the	1492
report concerns any act or omission of an employee of a county	1493
board of developmental disabilities, the report immediately shall	1494
be made to the department and to the county board.	1495

(G)(1) Upon the receipt of a report concerning the possible	1496
abuse or neglect of a person with mental retardation or a	1497
developmental disability, the law enforcement agency shall inform	1498
the county board of developmental disabilities or, if the person	1499
is a resident of a facility operated by the department of	1500
developmental disabilities, the director of the department or the	1501
director's designee.	1502

(2) On receipt of a report under this section that includes	1503
an allegation of action or inaction that may constitute a crime	1504
under federal law or the law of this state, the department of	1505
developmental disabilities shall notify the law enforcement	1506
agency.	1507

(3) When a county board of developmental disabilities	1508
receives a report under this section that includes an allegation	1509
of action or inaction that may constitute a crime under federal	1510
law or the law of this state, the superintendent of the board or	1511
an individual the superintendent designates under division (H) of	1512
this section shall notify the law enforcement agency. The	1513
superintendent or individual shall notify the department of	1514
developmental disabilities when it receives any report under this	1515
section.	1516

(4) When a county board of developmental disabilities	1517
receives a report under this section and believes that the degree	1518
of risk to the person is such that the report is an emergency, the	1519
superintendent of the board or an employee of the board the	1520
superintendent designates shall attempt a face-to-face contact	1521
with the person with mental retardation or a developmental	1522
disability who allegedly is the victim within one hour of the	1523
board's receipt of the report.	1524

(H) The superintendent of the board may designate an	1525
individual to be responsible for notifying the law enforcement	1526
agency and the department when the county board receives a report	1527
under this section.	1528

(I) An adult with mental retardation or a developmental	1529
disability about whom a report is made may be removed from the	1530
adult's place of residence only by law enforcement officers who	1531
consider that the adult's immediate removal is essential to	1532
protect the adult from further injury or abuse or in accordance	1533
with the order of a court made pursuant to section 5126.33 of the	1534
Revised Code.	1535

(J) A law enforcement agency shall investigate each report of	1536
abuse or neglect it receives under this section. In addition, the	1537
department, in cooperation with law enforcement officials, shall	1538
investigate each report regarding a resident of a facility	1539
operated by the department to determine the circumstances	1540
surrounding the injury, the cause of the injury, and the person	1541
responsible. The investigation shall be in accordance with the	1542
memorandum of understanding prepared under section 5126.058 of the	1543
Revised Code. The department shall determine, with the registry	1544
office which shall be maintained by the department, whether prior	1545
reports have been made concerning an adult with mental retardation	1546
or a developmental disability or other principals in the case. If	1547
the department finds that the report involves action or inaction	1548
that may constitute a crime under federal law or the law of this	1549
state, it shall submit a report of its investigation, in writing,	1550
to the law enforcement agency. If the person with mental	1551
retardation or a developmental disability is an adult, with the	1552
consent of the adult, the department shall provide such protective	1553
services as are necessary to protect the adult. The law	1554
enforcement agency shall make a written report of its findings to	1555
the department.	1556

If the person is an adult and is not a resident of a facility	1557
operated by the department, the county board of developmental	1558
disabilities shall review the report of abuse or neglect in	1559
accordance with sections 5126.30 to 5126.33 of the Revised Code	1560
and the law enforcement agency shall make the written report of	1561
its findings to the county board.	1562

(K) Any person or any hospital, institution, school, health	1563
department, or agency participating in the making of reports	1564
pursuant to this section, any person participating as a witness in	1565
an administrative or judicial proceeding resulting from the	1566
reports, or any person or governmental entity that discharges	1567
responsibilities under sections 5126.31 to 5126.33 of the Revised	1568
Code shall be immune from any civil or criminal liability that	1569
might otherwise be incurred or imposed as a result of such actions	1570
except liability for perjury, unless the person or governmental	1571
entity has acted in bad faith or with malicious purpose.	1572

(L) No employer or any person with the authority to do so	1573
shall discharge, demote, transfer, prepare a negative work	1574
performance evaluation, reduce pay or benefits, terminate work	1575
privileges, or take any other action detrimental to an employee or	1576
retaliate against an employee as a result of the employee's having	1577
made a report under this section. This division does not preclude	1578
an employer or person with authority from taking action with	1579
regard to an employee who has made a report under this section if	1580
there is another reasonable basis for the action.	1581

(M) Reports made under this section are not public records as	1582
defined in section 149.43 of the Revised Code. Information	1583
contained in the reports on request shall be made available to the	1584
person who is the subject of the report, to the person's legal	1585
counsel, and to agencies authorized to receive information in the	1586
report by the department or by a county board of developmental	1587
disabilities.	1588

(N) Notwithstanding section 4731.22 of the Revised Code, the	1589
physician-patient privilege shall not be a ground for excluding	1590
evidence regarding the injuries or physical neglect of a person	1591
with mental retardation or a developmental disability or the cause	1592
thereof in any judicial proceeding resulting from a report	1593
submitted pursuant to this section.	1594

Section 4. That the version of section 5123.61 of the Revised	1595
Code that is scheduled to take effect on October 1, 2012, is	1596
hereby repealed.	1597

Section 5. Sections 3 and 4 of this act take effect October	1598
1, 2012.	1599