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S. B. No. 87 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Senator Wachtmann
A BILLTo amend sections 3721.011 and 3721.04 of the Revised Code regarding the provision of hospice care in residential care facilities. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3721.011 and 3721.04 of the Revised Code be amended to read as follows:
Sec. 3721.011. (A) In addition to providing accommodations,
supervision, and
personal care services to its residents, a
residential care facility may
provide skilled nursing care as
follows: (1) Supervision of special diets; (2) Application of dressings, in accordance with rules
adopted
under section 3721.04 of the Revised Code; (3) Providing for the Subject to division (B)(1) of this section, administration of medication to
residents,
to the extent authorized under division (B)(1) of this
section; (4) Subject to division (C) of this section, the hospice care and services specified in division (A)(1) to (10) of section 3712.01 of the Revised Code; (5) Other skilled nursing care provided on a part-time,
intermittent basis pursuant to division (C)(D) of this section. A residential care facility may not admit or retain an
individual requiring
skilled nursing care that is not authorized
by this
section. A residential care facility may not provide
skilled nursing care
beyond the limits established by this
section. (B)(1) A residential care facility may admit or and retain an
individual requiring medication, including biologicals,
only if
the individual's personal physician has determined in writing
that
the individual is capable of self-administering the medication
or
the facility provides for the medication to be administered to the
individual by a home health agency certified under Title XVIII
of
the
"Social Security Act," 49 79 Stat. 620 286
(1935 1965), 42 U.S.C.A. 301 1395,
as amended; a hospice care program licensed under
Chapter 3712. of
the Revised Code pursuant to division (C) of this section; or a member of
the staff of the residential care
facility who is qualified to perform
medication administration.
Medication may be
administered in a residential
care facility only
by the following persons authorized by law to administer
medication: (a) A registered nurse licensed under Chapter 4723.
of the
Revised Code; (b) A licensed practical nurse licensed under Chapter 4723.
of the Revised
Code who holds proof of successful completion of a
course in medication
administration approved by the board of
nursing and who administers the
medication only at the direction
of a registered nurse or a physician
authorized under Chapter
4731. of the Revised Code to practice medicine and
surgery or
osteopathic medicine and surgery; (c) A physician authorized under Chapter 4731. of the
Revised Code to
practice medicine and surgery or osteopathic
medicine and surgery. (2) In assisting a resident with self-administration of
medication, any
member of the staff of a residential care facility
may do the following: (a) Remind a resident when to take medication and watch to
ensure that the resident follows the directions on the container; (b) Assist a resident by taking the medication from the
locked area where it
is stored, in accordance with rules adopted
pursuant to section
3721.04 of the Revised Code, and handing it to
the resident. If
the resident is physically unable to open the
container, a staff
member may open the container for the resident. (c) Assist a physically impaired but mentally alert
resident, such as a resident with arthritis, cerebral palsy, or
Parkinson's disease, in removing oral or topical medication from
containers and in consuming or applying the medication, upon
request by or with the consent of the resident. If a resident is
physically unable to place a dose of medicine to the
resident's
mouth without spilling it, a staff member may place the dose in
a
container and place the container to the mouth of the resident. (C)(1) A residential care facility may admit and retain an individual requiring the hospice care and services specified in division (A)(1) to (10) of section 3712.01 of the Revised Code only if the facility enters into a written agreement with a hospice care program licensed under Chapter 3712. of the Revised Code that provides for all of the following:
(a) A determination that the individual's needs can be met at the residential care facility;
(b) Recurring determinations that the individual's needs are being met at the residential care facility;
(c) A schedule for making the determinations required by division (C)(1)(b) of this section.
(2) The hospice care and services specified in division (A)(1) to (10) of section 3712.01 of the Revised Code may be provided only by a hospice care program that is licensed under Chapter 3712. of the Revised Code and enters into an agreement with the residential care facility under division (C)(1) of this section.
(D) A residential care facility may admit
or and retain
individuals who require skilled nursing care beyond the
supervision
of special diets, application of dressings,
or
administration of medication types of skilled nursing care specified in division (A)(1) to (4) of this section, only if the care
will be provided on
a part-time,
intermittent basis for not more than a total of one
hundred twenty days in any
twelve-month period. In accordance
with Chapter
119. of the Revised Code, the public health council
shall adopt rules
specifying what constitutes the need for skilled
nursing care on a part-time,
intermittent basis. The council
shall adopt rules that are consistent with
rules pertaining to
home health care adopted by the director of job and
family
services
for the medical assistance medicaid program established under
Chapter 5111. of the
Revised Code. Skilled nursing care provided
pursuant to this division may be
provided by a home health agency
certified under Title XVIII
of the
"Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301,
as amended, a hospice care program
licensed under Chapter 3712. of
the Revised Code, or a member of
the staff of a residential care facility who
is qualified to
perform skilled nursing care. A residential care facility that provides skilled nursing
care pursuant to
this division shall do both of the following: (1) Evaluate each resident receiving the
skilled nursing
care at least once every seven days to determine
whether the
resident should be transferred to a nursing home; (2) Meet the skilled nursing care needs of each
resident
receiving the care. (D)(E) Notwithstanding any other provision of this chapter, a
residential care
facility in which residents receive skilled
nursing care pursuant to
this section is not a nursing home.
Sec. 3721.04. (A) The public health council shall adopt
and publish rules governing the operation of homes, which shall
have uniform application throughout the state, and shall
prescribe standards for homes with respect to, but not limited
to, the following matters: (1) The minimum space requirements for occupants and
equipping of the buildings in which homes are housed so as to
ensure healthful, safe, sanitary, and comfortable conditions for
all residents, so long as they are not inconsistent with Chapters
3781. and 3791. of the Revised Code or with any rules adopted by
the board of building standards and by the state fire marshal; (2) The number and qualifications of personnel, including management and
nursing staff, for each class of home, and the
qualifications of nurse aides, as defined in section 3721.21 of
the Revised Code, used by long-term care facilities, as defined in that
section; (3) The medical, rehabilitative, and recreational services
to be provided by each class of home; (4) Dietetic services, including but not limited to
sanitation, nutritional adequacy, and palatability of food; (5) The personal and social services to be provided by
each class of home; (6) The business and accounting practices to be followed
and the type of patient and business records to be kept by such
homes; (7) The operation of adult day-care programs provided by
and on the same site as homes licensed under this chapter; (8) The standards and procedures to be followed by residential
care facilities in admitting and retaining a resident who requires the
application of dressings, including requirements for charting and evaluating
on a weekly basis; (9) The requirements for conducting weekly evaluations of
residents
receiving skilled nursing care in residential care facilities. (B) The public health council may adopt whatever
additional rules are necessary to carry out or enforce the
provisions of sections 3721.01 to 3721.09 and 3721.99 of the
Revised Code. (C) The following apply to the public health council when
adopting rules under division (A)(2) of this
section regarding the number and qualifications of personnel in
homes: (1) When adopting rules applicable to residential care facilities, the
public health council shall take into
consideration the effect that the provision of personal care
services and part-time, intermittent skilled nursing
care pursuant to division (C)(D) of section 3721.011 of
the Revised Code may have on the number of personnel
needed. (2) The rules prescribing qualifications of nurse aides
used by long-term care facilities, as those terms are defined in section
3721.21 of the Revised Code, shall be no less stringent than the requirements,
guidelines, and
procedures established by the United States secretary of health
and human services under sections 1819 and 1919 of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.
Section 2. That existing sections 3721.011 and 3721.04 of the Revised Code are hereby repealed.
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