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Sub. H. B. No. 369 As Reported by the House Finance and Appropriations CommitteeAs Reported by the House Finance and Appropriations Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Antonio, Boose, Buchy, Butler, Letson, Patterson, Scherer, Sears, Sheehy, Smith, Wachtmann, Amstutz
A BILL
To amend sections 340.01, 340.02, 340.021, 340.03,
340.08, 340.09, 340.15, 2945.402, 3701.74,
4511.191, 4758.01, 4758.02, 4758.06, 4758.16,
4758.20, 4758.21, 4758.23, 4758.24, 4758.26,
4758.28, 4758.29, 4758.30, 4758.31, 4758.35,
4758.36, 4758.50, 4758.51, 4758.60, 4758.71,
5119.21, 5119.22, 5119.23, and 5119.25 and to
enact sections 340.092, 340.093, 340.20, 4758.48,
4758.62, 4758.63, 4758.64, 5119.362, 5119.363,
5119.364, 5119.365, and 5122.36 of the Revised
Code, to amend Section 751.10 of Am. Sub. H.B. 59
of the 130th General Assembly, and to repeal
Section 327.83 of Am. Sub. H.B. 59 of the 130th
General Assembly, with respect to the
administration, funding, and provision of mental
health and addiction services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 340.01, 340.02, 340.021, 340.03,
340.08, 340.09, 340.15, 2945.402, 3701.74, 4511.191, 4758.01,
4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23, 4758.24,
4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35, 4758.36,
4758.50, 4758.51, 4758.60, 4758.71, 5119.21, 5119.22, 5119.23, and
5119.25 be amended and sections 340.092, 340.093, 340.20, 4758.48,
4758.62, 4758.63, 4758.64, 5119.362, 5119.363, 5119.364, 5119.365,
and 5122.36 of the Revised Code be enacted to read as follows:
Sec. 340.01. (A) As used in this chapter, "addiction,":
(1) "Addiction," "addiction services," "alcohol and drug
addiction services," "community addiction services provider,"
"community mental health services provider," "drug addiction,"
"gambling addiction services," "mental health services," and
"mental illness" have the same meanings as in section 5119.01 of
the Revised Code.
(2) "Medication-assisted treatment" means alcohol and drug
addiction services that are accompanied by medication approved by
the United States food and drug administration for the treatment
of drug addiction, prevention of relapse of drug addiction, or
both.
(3) "Recovery housing" means housing for individuals
recovering from drug addiction that provides an alcohol and
drug-free living environment, peer support, assistance with
obtaining drug addiction services, and other drug addiction
recovery assistance.
(B) An alcohol, drug addiction, and mental health service
district shall be established in any county or combination of
counties having a population of at least fifty thousand to provide
addiction services and mental health services. With the approval
of the director of mental health and addiction services, any
county or combination of counties having a population of less than
fifty thousand may establish such a district. Districts
comprising more than one county shall be known as joint-county
districts.
The board of county commissioners of any county participating
in a joint-county district may submit a resolution requesting
withdrawal from the district together with a comprehensive plan or
plans that are in compliance with rules adopted by the director of
mental health and addiction services under section 5119.22 of the
Revised Code, and that provide for the equitable adjustment and
division of all services, assets, property, debts, and
obligations, if any, of the joint-county district to the board of
alcohol, drug addiction, and mental health services, to the boards
of county commissioners of each county in the district, and to the
directors director. No county participating in a joint-county
service district may withdraw from the district without the
consent of the director of mental health and addiction services
nor earlier than one year after the submission of such resolution
unless all of the participating counties agree to an earlier
withdrawal. Any county withdrawing from a joint-county district
shall continue to have levied against its tax list and duplicate
any tax levied by the district during the period in which the
county was a member of the district until such time as the levy
expires or is renewed or replaced.
Sec. 340.02. (A) For each alcohol, drug addiction, and
mental health service district, there shall be appointed a board
of alcohol, drug addiction, and mental health services consisting
of eighteen members or fourteen members. Should the board of
alcohol, drug addiction, and mental health services elect to
remain at eighteen members, as provided under section 340.02 of
the Revised Code as it existed immediately prior to the date of
this amendment, the board of alcohol, drug addiction, and mental
health services and the board of county commissioners shall not be
required to take any action. Should the board of alcohol, drug
addiction, and mental health services elect a recommendation to
become a fourteen-member board, that recommendation must be
approved by the board of county commissioners of the county in
which the alcohol, drug addiction, and mental health district is
located in order for the transition to a fourteen-member board to
occur. Not later than September 30, 2013, each board of alcohol,
drug addiction, and mental health services wishing to become a
fourteen-member board shall notify the board of county
commissioners of that recommendation. Failure of the board of
county commissioners to take action within thirty days after
receipt of the recommendation shall be deemed agreement by the
board of county commissioners to transition to a fourteen-member
board of alcohol, drug addiction, and mental health services.
Should the board of county commissioners reject the
recommendation, the board of county commissioners shall adopt a
resolution stating that rejection within thirty days after receipt
of the recommendation. Upon adoption of the resolution, the board
of county commissioners shall meet with the board of alcohol, drug
addiction, and mental health services to discuss the matter. After
the meeting, the board of county commissioners shall notify the
department of mental health and addiction services of its election
not later than January 1, 2014. In a joint-county district, a
majority of the boards of county commissioners must not reject the
recommendation of a joint-county board to become a fourteen-member
board in order for the transition to a fourteen-member board to
occur. Should the joint-county district have an even number of
counties, and the boards of county commissioners of these counties
tie in terms of whether or not to accept the recommendation of the
alcohol, drug addiction, and mental health services board, the
recommendation of the alcohol, drug addiction, and mental health
service board to become a fourteen-member board shall prevail. The
election shall be final. Failure to provide notice of its election
to the department on or before January 1, 2014, shall constitute
an election to continue to operate as an eighteen-member board,
which election shall also be final. If an existing board provides
timely notice of its election to transition to operate as a
fourteen-member board, the number of board members may decline
from eighteen to fourteen by attrition as current members' terms
expire. However, the composition of the board must reflect the
requirements set forth in this section for fourteen-member boards.
For all boards, half of the members shall be interested in mental
health services and half of the members shall be interested in
alcohol, drug, or gambling addiction services. All members shall
be residents of the service district. The membership shall, as
nearly as possible, reflect the composition of the population of
the service district as to race and sex.
(B) For boards operating as eighteen-member boards, the
director of mental health and addiction services shall appoint
eight members of the board and the board of county commissioners
shall appoint ten members. For boards operating as fourteen-member
boards, the director of mental health and addiction services shall
appoint six members of the board and the board of county
commissioners shall appoint eight members. In a joint-county
district, the county commissioners of each participating county
shall appoint members in as nearly as possible the same proportion
as that county's population bears to the total population of the
district, except that at least one member shall be appointed from
each participating county.
(C) The director of mental health and addiction services
shall ensure that at least one member of the board is a clinician
with experience in the delivery of mental health services, at
least one member of the board is a person who has received or is
receiving mental health services paid for by public funds, at
least one member of the board is a parent or other relative of
such a person, at least one member of the board is a clinician
with experience in the delivery of addiction services, at least
one member of the board is a person who has received or is
receiving addiction services paid for by public funds, and at
least one member of the board is a parent or other relative of
such a person. A single member who meets both qualifications may
fulfill the requirement for a clinician with experience in the
delivery of mental health services and a clinician with experience
in the delivery of addiction services.
(D) No member or employee of a board of alcohol, drug
addiction, and mental health services shall serve as a member of
the board of any provider with which the board of alcohol, drug
addiction, and mental health services has entered into a contract
for the provision of services or facilities. No member of a board
of alcohol, drug addiction, and mental health services shall be an
employee of any provider with which the board has entered into a
contract for the provision of services or facilities. No person
shall be an employee of a board and such a provider unless the
board and provider both agree in writing.
(E) No person shall serve as a member of the board of
alcohol, drug addiction, and mental health services whose spouse,
child, parent, brother, sister, grandchild, stepparent, stepchild,
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law serves as a
member of the board of any provider with which the board of
alcohol, drug addiction, and mental health services has entered
into a contract for the provision of services or facilities. No
person shall serve as a member or employee of the board whose
spouse, child, parent, brother, sister, stepparent, stepchild,
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law serves as a
county commissioner of a county or counties in the alcohol, drug
addiction, and mental health service district.
(F) Each year each board member shall attend at least one
inservice training session provided or approved by the department
of mental health and addiction services.
(G) For boards operating as eighteen-member boards, each
member shall be appointed for a term of four years, commencing the
first day of July, except that one-third of initial appointments
to a newly established board, and to the extent possible to
expanded boards, shall be for terms of two years, one-third of
initial appointments shall be for terms of three years, and
one-third of initial appointments shall be for terms of four
years. For boards operating as fourteen-member boards, each member
shall be appointed for a term of four years, commencing the first
day of July, except that four of the initial appointments to a
newly established board, and to the extent possible to expanded
boards, shall be for terms of two years, five initial appointments
shall be for terms of three years, and five initial appointments
shall be for terms of four years. No member shall serve more than
two consecutive four-year terms under the same appointing
authority. A member may serve for three consecutive terms under
the same appointing authority only if one of the terms is for less
than two years. A member who has served two consecutive four-year
terms or three consecutive terms totaling less than ten years is
eligible for reappointment by the same appointing authority one
year following the end of the second or third term, respectively.
When a vacancy occurs, appointment for the expired or
unexpired term shall be made in the same manner as an original
appointment. The appointing authority shall be notified by
certified mail of any vacancy and shall fill the vacancy within
sixty days following that notice.
Any member of the board may be removed from office by the
appointing authority for neglect of duty, misconduct, or
malfeasance in office, and shall be removed by the appointing
authority if the member is barred by this section from serving as
a board member. The member shall be informed in writing of the
charges and afforded an opportunity for a hearing. Upon the
absence of a member within one year from either four board
meetings or from two board meetings without prior notice, the
board shall notify the appointing authority, which may vacate the
appointment and appoint another person to complete the member's
term.
Members of the board shall serve without compensation, but
shall be reimbursed for actual and necessary expenses incurred in
the performance of their official duties, as defined by rules of
the department of mental health and addiction services.
Sec. 340.021. (A) In an alcohol, drug addiction, and mental
health service district where the board of county commissioners
has established an alcohol and drug addiction services board, the
community mental health board established under former section
340.02 of the Revised Code shall serve as the entity responsible
for providing mental health services in the county. A community
mental health board has all the powers, duties, and obligations of
a board of alcohol, drug addiction, and mental health services
with regard to mental health services. An alcohol and drug
addiction services board has all the powers, duties, and
obligations of a board of alcohol, drug addiction, and mental
health services with regard to addiction services. Any provision
of the Revised Code that refers to a board of alcohol, drug
addiction, and mental health services with regard to mental health
services also refers to a community mental health board and any
provision that refers to a board of alcohol, drug addiction, and
mental health services with regard to alcohol and drug addiction
services also refers to an alcohol and drug addiction services
board.
An alcohol and drug addiction services board shall consist of
eighteen members or fourteen members, at the election of the
board. Not later than January 1, 2014, each alcohol and drug
addiction services board shall notify the department of mental
health and addiction services of its election to operate as an
eighteen-member board or to operate as a fourteen-member board.
The election shall be final. Failure to provide notice of its
election to the department on or before January 1, 2014, shall
constitute an election to continue to operate as an
eighteen-member board. If an existing board provides timely notice
of its election to operate as a fourteen-member board, the number
of board members may decline from eighteen to fourteen by
attrition as current members' terms expire. However, the
composition of the board must reflect the requirements set forth
in this section and in applicable provisions of section 340.02 of
the Revised Code for fourteen-member boards. For boards operating
as eighteen-member boards, six members shall be appointed by the
director of mental health and addiction services and twelve
members shall be appointed by the board of county commissioners.
The director of mental health and addiction services shall ensure
that at least one member of the board is a person who has received
or is receiving services for alcohol, drug, or gambling addiction
paid for with public funds, at least one member is a parent or
relative of such a person, and at least one member is a clinician
with experience in the delivery of addiction services. The
membership of the board shall, as nearly as possible, reflect the
composition of the population of the service district as to race
and sex. Members shall be residents of the service district and
shall be interested in alcohol, drug, or gambling addiction
services. Requirements for membership, including prohibitions
against certain family and business relationships, and terms of
office shall be the same as those for members of boards of
alcohol, drug addiction, and mental health services.
A community mental health board shall consist of eighteen
members or fourteen members, at the election of the board. Not
later than January 1, 2014, each community mental health board
shall notify the department of mental health and addiction
services of its election to operate as an eighteen-member board or
to operate as a fourteen-member board. The election shall be
final. Failure to provide notice of its election to the department
on or before January 1, 2014, shall constitute an election to
continue to operate as an eighteen-member board. If an existing
board provides timely notice of its election to operate as a
fourteen-member board, the number of board members may decline
from eighteen to fourteen by attrition as current members' terms
expire. However, the composition of the board must reflect the
requirements set forth in this section and in applicable
provisions of section 340.02 of the Revised Code for
fourteen-member boards. For boards operating as eighteen-member
boards, six members shall be appointed by the director of mental
health and addiction services and twelve members shall be
appointed by the board of county commissioners. The director of
mental health and addiction services shall ensure that at least
one member of the board is a person who has received or is
receiving mental health services paid for with public funds, at
least one member is a parent or relative of such a person, and at
least one member is a clinician with experience in the delivery of
mental health services. The membership of the board as nearly as
possible shall reflect the composition of the population of the
service district as to race and sex. Members shall be residents of
the service district and shall be interested in mental health
services. Requirements for membership, including prohibitions
against certain family and business relationships, and terms of
office shall be the same as those for members of boards of
alcohol, drug addiction, and mental health services.
(B)(1) If a board of county commissioners subject to division
(A) of this section did not adopt a final resolution providing for
a board of alcohol, drug addiction, and mental health services on
or before July 1, 2007, the board of county commissioners may
establish a board of alcohol, drug addiction, and mental health
services on or after the effective date of this amendment
September 23, 2008. To establish the board, the board of county
commissioners shall adopt a resolution providing for the board's
establishment. The composition of the board, the procedures for
appointing members, and all other matters related to the board and
its members are subject to section 340.02 of the Revised Code,
with the following exceptions:
(a) For initial appointments to the board, the county's
community mental health board and alcohol and drug addiction
services board shall jointly recommend members of those boards for
reappointment and shall submit the recommendations to the board of
county commissioners and the director of mental health and
addiction services.
(b) To the greatest extent possible, the appointing
authorities shall appoint the initial members from among the
members jointly recommended under division (B)(1)(a) of this
section.
(2) If a board of alcohol, drug addiction, and mental health
services is established pursuant to division (B)(1) of this
section, the board has the same rights, privileges, immunities,
powers, and duties that were possessed by the county's community
mental health board and alcohol and drug addiction services board.
When the board is established, all property and obligations of the
community mental health board and alcohol and drug addiction
services board shall be transferred to the board of alcohol, drug
addiction, and mental health services.
Sec. 340.03. (A) Subject to rules issued by the director of
mental health and addiction services after consultation with
relevant constituencies as required by division (A)(10) of section
5119.21 of the Revised Code, the board of alcohol, drug addiction,
and mental health services shall:
(1) Serve as the community addiction and mental health
services planning agency for the county or counties under its
jurisdiction, and in so doing it shall:
(a) Evaluate the need for facilities and community addiction
and mental health services;
(b) In cooperation with other local and regional planning and
funding bodies and with relevant ethnic organizations, assess the
community addiction and mental health needs, evaluate strengths
and challenges, and set priorities for community addiction and
mental health services, including treatment and prevention. When
the board sets priorities for the operation of addiction services,
the board shall consult with the county commissioners of the
counties in the board's service district regarding the services
described in section 340.15 of the Revised Code and shall give
priority to those services, except that those services shall not
have a priority over services provided to pregnant women under
programs developed in relation to the mandate established in
section 5119.17 of the Revised Code;
(c) In accordance with guidelines issued by the director of
mental health and addiction services after consultation with board
representatives, annually develop and submit to the department of
mental health and addiction services a community addiction and
mental health services plan listing community addiction and mental
health services needs, including the needs of all residents of the
district currently receiving inpatient services in state-operated
hospitals, the needs of other populations as required by state or
federal law or programs, the needs of all children subject to a
determination made pursuant to section 121.38 of the Revised Code,
and priorities for facilities and community addiction and mental
health services during the period for which the plan will be in
effect.
In alcohol, drug addiction, and mental health service
districts that have separate alcohol and drug addiction services
and community mental health boards, the alcohol and drug addiction
services board shall submit a community addiction services plan
and the community mental health board shall submit a community
mental health services plan. Each board shall consult with its
counterpart in developing its plan and address the interaction
between the local addiction services and mental health services
systems and populations with regard to needs and priorities in
developing its plan.
The department shall approve or disapprove the plan, in whole
or in part, according to the criteria developed pursuant to
section 5119.22 of the Revised Code. Eligibility for state and
federal funding shall be contingent upon an approved plan or
relevant part of a plan.
If a board determines that it is necessary to amend a plan
that has been approved under this division, the board shall submit
a proposed amendment to the director. The director may approve or
disapprove all or part of the amendment. The director shall inform
the board of the reasons for disapproval of all or part of an
amendment and of the criteria that must be met before the
amendment may be approved. The director shall provide the board an
opportunity to present its case on behalf of the amendment. The
director shall give the board a reasonable time in which to meet
the criteria, and shall offer the board technical assistance to
help it meet the criteria.
The board shall operate in accordance with the plan approved
by the department.
(d) Promote, arrange, and implement working agreements with
social agencies, both public and private, and with judicial
agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
services from a community addiction or mental health services
provider certified under section 5119.36 of the Revised Code or
alleging abuse or neglect of a resident receiving addiction
services or with mental illness or severe mental disability
residing in a residential facility licensed under section 5119.34
of the Revised Code. If the investigation substantiates the charge
of abuse or neglect, the board shall take whatever action it
determines is necessary to correct the situation, including
notification of the appropriate authorities. Upon request, the
board shall provide information about such investigations to the
department.
(3) For the purpose of section 5119.36 of the Revised Code,
cooperate with the director of mental health and addiction
services in visiting and evaluating whether the services of a
community addiction or mental health services provider satisfy the
certification standards established by rules adopted under that
section;
(4) In accordance with criteria established under division
(E) of section 5119.22 of the Revised Code, conduct program audits
that review and evaluate the quality, effectiveness, and
efficiency of services provided through its community addiction
and mental health contracted services and submit its findings and
recommendations to the department of mental health and addiction
services;
(5) In accordance with section 5119.34 of the Revised Code,
review an application for a residential facility license and
provide to the department of mental health and addiction services
any information about the applicant or facility that the board
would like the department to consider in reviewing the
application;
(6) Audit, in accordance with rules adopted by the auditor of
state pursuant to section 117.20 of the Revised Code, at least
annually all programs and services provided under contract with
the board. In so doing, the board may contract for or employ the
services of private auditors. A copy of the fiscal audit report
shall be provided to the director of mental health and addiction
services, the auditor of state, and the county auditor of each
county in the board's district.
(7) Recruit and promote local financial support for addiction
and mental health services from private and public sources;
(8)(a) Enter into contracts with public and private
facilities for the operation of facility services and enter into
contracts with public and private community addiction and mental
health service providers for the provision of community addiction
and mental health services. The board may not contract with a
residential facility subject to section 5119.34 of the Revised
Code unless the facility is licensed by the director of mental
health and addiction services and may not contract with a
community addiction or mental health services provider to provide
community addiction or mental health services unless the services
are certified by the director of mental health and addiction
services under section 5119.36 of the Revised Code. Section 307.86
of the Revised Code does not apply to contracts entered into under
this division. In contracting with a community addiction or mental
health services provider, a board shall consider the cost
effectiveness of services provided by that provider and the
quality and continuity of care, and may review cost elements,
including salary costs, of the services to be provided. A
utilization review process may be established as part of the
contract for services entered into between a board and a community
addiction or mental health services provider. The board may
establish this process in a way that is most effective and
efficient in meeting local needs.
If either the board or a facility or community addiction or
mental health services provider with which the board contracts
under this division proposes not to renew the contract or proposes
substantial changes in contract terms, the other party shall be
given written notice at least one hundred twenty days before the
expiration date of the contract. During the first sixty days of
this one hundred twenty-day period, both parties shall attempt to
resolve any dispute through good faith collaboration and
negotiation in order to continue to provide services to persons in
need. If the dispute has not been resolved sixty days before the
expiration date of the contract, either party may notify the
department of mental health and addiction services of the
unresolved dispute. The director may require both parties to
submit the dispute to a third party with the cost to be shared by
the board and the facility or provider. The third party shall
issue to the board, the facility or provider, and the department
recommendations on how the dispute may be resolved twenty days
prior to the expiration date of the contract, unless both parties
agree to a time extension. The director shall adopt rules
establishing the procedures of this dispute resolution process.
(b) With the prior approval of the director of mental health
and addiction services, a board may operate a facility or provide
a community addiction or mental health service as follows, if
there is no other qualified private or public facility or
community addiction or mental health services provider that is
immediately available and willing to operate such a facility or
provide the service:
(i) In an emergency situation, any board may operate a
facility or provide a community addiction or mental health service
in order to provide essential services for the duration of the
emergency;
(ii) In a service district with a population of at least one
hundred thousand but less than five hundred thousand, a board may
operate a facility or provide a community addiction or mental
health service for no longer than one year;
(iii) In a service district with a population of less than
one hundred thousand, a board may operate a facility or provide a
community addiction or mental health service for no longer than
one year, except that such a board may operate a facility or
provide a community addiction or mental health service for more
than one year with the prior approval of the director and the
prior approval of the board of county commissioners, or of a
majority of the boards of county commissioners if the district is
a joint-county district.
The director shall not give a board approval to operate a
facility or provide a community addiction or mental health service
under division (A)(8)(b)(ii) or (iii) of this section unless the
director determines that it is not feasible to have the department
operate the facility or provide the service.
The director shall not give a board approval to operate a
facility or provide a community addiction or mental health service
under division (A)(8)(b)(iii) of this section unless the director
determines that the board will provide greater administrative
efficiency and more or better services than would be available if
the board contracted with a private or public facility or
community addiction or mental health services provider.
The director shall not give a board approval to operate a
facility previously operated by a person or other government
entity unless the board has established to the director's
satisfaction that the person or other government entity cannot
effectively operate the facility or that the person or other
government entity has requested the board to take over operation
of the facility. The director shall not give a board approval to
provide a community addiction or mental health service previously
provided by a community addiction or mental health services
provider unless the board has established to the director's
satisfaction that the provider cannot effectively provide the
service or that the provider has requested the board take over
providing the service.
The director shall review and evaluate a board's operation of
a facility and provision of community addiction or mental health
service under division (A)(8)(b) of this section.
Nothing in division (A)(8)(b) of this section authorizes a
board to administer or direct the daily operation of any facility
or community addiction or mental health services provider, but a
facility or provider may contract with a board to receive
administrative services or staff direction from the board under
the direction of the governing body of the facility or provider.
(9) Approve fee schedules and related charges or adopt a unit
cost schedule or other methods of payment for contract services
provided by community addiction or mental health services
providers in accordance with guidelines issued by the department
as necessary to comply with state and federal laws pertaining to
financial assistance;
(10) Submit to the director and the county commissioners of
the county or counties served by the board, and make available to
the public, an annual report of the services under the
jurisdiction of the board, including a fiscal accounting;
(11) Establish, to the extent resources are available, a full
spectrum of care for all levels of treatment services for opioid
and co-occurring drug addiction and a continuum of care, which
provides for other services that provide for prevention,
treatment, support, and rehabilitation services and opportunities.
The essential elements of the full spectrum and continuum of care
include, but are not limited to, the following components in
accordance with section 5119.21 of the Revised Code:
(a) To locate persons in need of addiction or mental health
services to inform them of available services and benefits;
(b) Assistance for persons receiving services to obtain
services necessary to meet basic human needs for food, clothing,
shelter, medical care, personal safety, and income;
(c) Addiction and mental health services, including, but not
limited to, outpatient, residential, partial hospitalization, and,
where appropriate, inpatient (where appropriate), and any other
type of addiction and mental health care;
(d) Emergency services and crisis intervention;
(e) Assistance for persons receiving services to obtain
vocational services and opportunities for jobs;
(f) The provision of services designed to develop social,
community, and personal living skills;
(g) Access to a wide range of housing and the provision of
residential treatment and support;
(h) Support, assistance, consultation, and education for
families, friends, persons receiving addiction or mental health
services, and others;
(i) Recognition and encouragement of families, friends,
neighborhood networks, especially networks that include racial and
ethnic minorities, churches, community organizations, and
community employment as natural supports for persons receiving
addiction or mental health services;
(j) Grievance procedures and protection of the rights of
persons receiving addiction or mental health services;
(k) Community psychiatric supportive treatment services,
which includes continual individualized assistance and advocacy to
ensure that needed services are offered and procured;
(l) Any additional component the department determines is
necessary to establish a full spectrum of care for all levels of
treatment services for opioid and co-occurring drug addiction and
a continuum of care for other services.
(12) Establish a method for evaluating referrals for
involuntary commitment and affidavits filed pursuant to section
5122.11 of the Revised Code in order to assist the probate
division of the court of common pleas in determining whether there
is probable cause that a respondent is subject to involuntary
hospitalization and what alternative treatment is available and
appropriate, if any;
(13) Designate the treatment services, provider, facility, or
other placement for each person involuntarily committed to the
board pursuant to Chapter 5122. of the Revised Code. The board
shall provide the least restrictive and most appropriate
alternative that is available for any person involuntarily
committed to it and shall assure that the listed services
submitted and approved in accordance with division (B) of section
340.08 of the Revised Code are available to severely mentally
disabled persons residing within its service district. The board
shall establish the procedure for authorizing payment for
services, which may include prior authorization in appropriate
circumstances. The board may provide for services directly to a
severely mentally disabled person when life or safety is
endangered and when no community mental health services provider
is available to provide the service.
(14) Ensure that apartments or rooms built, subsidized,
renovated, rented, owned, or leased by the board or a community
addiction or mental health services provider have been approved as
meeting minimum fire safety standards and that persons residing in
the rooms or apartments are receiving appropriate and necessary
services, including culturally relevant services, from a community
addiction or mental health services provider. This division does
not apply to residential facilities licensed pursuant to section
5119.34 of the Revised Code.
(15) Establish a mechanism for obtaining advice and
involvement of persons receiving publicly funded addiction or
mental health services on matters pertaining to addiction and
mental health services in the alcohol, drug addiction, and mental
health service district;
(16) Perform the duties required by rules adopted under
section 5119.22 of the Revised Code regarding referrals by the
board or mental health services providers under contract with the
board of individuals with mental illness or severe mental
disability to residential facilities as defined in division
(A)(9)(b)(iii) of section 5119.34 of the Revised Code and
effective arrangements for ongoing mental health services for the
individuals. The board is accountable in the manner specified in
the rules for ensuring that the ongoing mental health services are
effectively arranged for the individuals.
(B) The board shall establish such rules, operating
procedures, standards, and bylaws, and perform such other duties
as may be necessary or proper to carry out the purposes of this
chapter.
(C) A board of alcohol, drug addiction, and mental health
services may receive by gift, grant, devise, or bequest any
moneys, lands, or property for the benefit of the purposes for
which the board is established, and may hold and apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest
shall be deposited in the treasury of the county, the treasurer of
which is custodian of the alcohol, drug addiction, and mental
health services funds to the credit of the board and shall be
available for use by the board for purposes stated by the donor or
grantor.
(D) No board member or employee of a board of alcohol, drug
addiction, and mental health services shall be liable for injury
or damages caused by any action or inaction taken within the scope
of the board member's official duties or the employee's
employment, whether or not such action or inaction is expressly
authorized by this section or any other section of the Revised
Code, unless such action or inaction constitutes willful or wanton
misconduct. Chapter 2744. of the Revised Code applies to any
action or inaction by a board member or employee of a board taken
within the scope of the board member's official duties or
employee's employment. For the purposes of this division, the
conduct of a board member or employee shall not be considered
willful or wanton misconduct if the board member or employee acted
in good faith and in a manner that the board member or employee
reasonably believed was in or was not opposed to the best
interests of the board and, with respect to any criminal action or
proceeding, had no reasonable cause to believe the conduct was
unlawful.
(E) The meetings held by any committee established by a board
of alcohol, drug addiction, and mental health services shall be
considered to be meetings of a public body subject to section
121.22 of the Revised Code.
Sec. 340.08. In accordance with rules or guidelines issued
by the director of mental health and addiction services, each
board of alcohol, drug addiction, and mental health services shall
do all of the following:
(A) Submit to the department of mental health and addiction
services a report of receipts and expenditures for all federal,
state, and local moneys the board expects to receive;.
(1) The report shall identify funds the board has available
for the full spectrum of care for all levels of treatment services
for opioid and co-occurring drug addiction required by division
(B) of section 340.09 of the Revised Code.
(2) The report shall identify funds the board and public
children services agencies in the board's service district have
available to fund jointly the services described in section 340.15
of the Revised Code.
(2)(3) The board's proposed budget for expenditures of state
and federal funds distributed to the board by the department shall
be deemed an application for funds, and the department shall
approve or disapprove the budget for these expenditures. The
department shall inform the board of the reasons for disapproval
of the budget for the expenditure of state and federal funds and
of the criteria that must be met before the budget may be
approved. The director shall provide the board an opportunity to
present its case on behalf of the submitted budget. The director
shall give the board a reasonable time in which to meet the
criteria and shall offer the board technical assistance to help it
meet the criteria.
If a board determines that it is necessary to amend a budget
that has been approved under this section, the board shall submit
a proposed amendment to the director. The director may approve or
disapprove all or part of the amendment. The director shall inform
the board of the reasons for disapproval of all or part of the
amendment and of the criteria that must be met before the
amendment may be approved. The director shall provide the board an
opportunity to present its case on behalf of the amendment. The
director shall give the board a reasonable time in which to meet
the criteria and shall offer the board technical assistance to
help it meet the criteria.
(3)(4) The director of mental health and addiction services,
in whole or in part, may withhold funds otherwise to be allocated
to a board of alcohol, drug addiction, and mental health services
under Chapter 5119. of the Revised Code if the board's use of
state and federal funds fails to comply with the approved budget,
as it may be amended with the approval of the department. However,
the director shall withhold all such funds from the board if the
board fails to make the full spectrum of care for all levels of
treatment services for opioid and co-occurring drug addiction
available in the board's district in accordance with division (B)
of section 340.09 of the Revised Code.
(B) Submit to the department a statement identifying the
services described in section 340.09 of the Revised Code the board
intends to make available. The board shall include the full
spectrum of care for all levels of treatment services for opioid
and co-occurring drug addiction required by division (B) of
section 340.09 of the Revised Code, crisis intervention services
for individuals in emergency situations, and services required
pursuant to section 340.15 of the Revised Code, and the. The board
shall explain the manner in which the board intends to make such
services available. The list of services shall be compatible with
the budget submitted pursuant to division (A) of this section. The
department shall approve or disapprove the proposed listing of
services to be made available. The department shall inform the
board of the reasons for disapproval of the listing of proposed
services and of the criteria that must be met before listing of
proposed services may be approved. The director shall provide the
board an opportunity to present its case on behalf of the
submitted listing of proposed services. The director shall give
the board a reasonable time in which to meet the criteria and
shall offer the board technical assistance to help it meet the
criteria.
(C) Enter into a continuity of care agreement with the state
institution operated by the department of mental health and
addiction services and designated as the institution serving the
district encompassing the board's service district. The continuity
of care agreement shall outline the department's and the board's
responsibilities to plan for and coordinate with each other to
address the needs of board residents who are patients in the
institution, with an emphasis on managing appropriate hospital bed
day use and discharge planning. The continuity of care agreement
shall not require the board to provide services other than those
on the list of services submitted by the board and approved by the
department pursuant to division (B) of this section.
(D) In conjunction with the department of mental health and
addiction services, operate a coordinated system for tracking and
monitoring persons found not guilty by reason of insanity and
committed pursuant to section 2945.40 of the Revised Code who have
been granted a conditional release and persons found incompetent
to stand trial and committed pursuant to section 2945.39 of the
Revised Code who have been granted a conditional release. The
system shall do all of the following:
(1) Centralize responsibility for the tracking of those
persons;
(2) Provide for uniformity in monitoring those persons;
(3) Provide a mechanism to allow prompt rehospitalization,
reinstitutionalization, or detention when a violation of the
conditional release or decompensation occurs.
(E) Submit to the department a report summarizing complaints
and grievances received by the board concerning the rights of
persons seeking or receiving services, investigations of
complaints and grievances, and outcomes of the investigations.
(F) Provide to the department information to be submitted to
the community addiction and mental health information system or
systems established by the department under Chapter 5119. of the
Revised Code.
(G) Annually, and upon any change in membership, submit to
the department a list of all current members of the board of
alcohol, drug addiction, and mental health services, including the
appointing authority for each member, and the member's specific
qualification for appointment pursuant to section 340.02 or
340.021 of the Revised Code, if applicable.
(H) Submit to the department other information as is
reasonably required for purposes of the department's operations,
service evaluation, reporting activities, research, system
administration, and oversight.
Sec. 340.09. (A) The department of mental health and
addiction services shall provide assistance to any county for the
all of the following from funds the general assembly appropriates
for these purposes:
(1) The operation of boards the board of alcohol, drug
addiction, and mental health services, the provision of services
serving the county;
(2) The full spectrum of care for all levels of treatment
services for opioid and co-occurring drug addiction that are
approved by the department and made available in the county by the
board serving the county;
(3) The continuum of care for other services that are
approved by the department
within the continuum of care, the and
made available in the county by the board serving the county;
(4) The provision of approved support functions, and the;
(5) The partnership in, or support for, approved continuum of
care-related activities
from funds appropriated for that purpose
by the general assembly related to the full spectrum of all levels
of treatment services for opioid and co-occurring drug addiction
and the continuum of care of other services.
(B) The full spectrum of care for all levels of treatment
services for opioid and co-occurring drug addiction shall include
at least ambulatory and sub-acute detoxification, non-intensive
and intensive outpatient services, medication-assisted treatment,
peer mentoring, residential treatment services, recovery housing
pursuant to section 340.092 of the Revised Code, and twelve-step
approaches. The treatment services shall be made available in the
service district of each board, except that a treatment consisting
of sub-acute detoxification or residential treatment services for
opioid and co-occurring drug addiction is not required to be
available in a board's service district if the board has a
contract with one or more providers of sub-acute detoxification or
residential treatment services for opioid and co-occurring drug
addiction located in other service districts. The treatment
services shall be made available in a manner that ensures that
service recipients are able to access the services they need for
opioid and co-occurring drug addiction in an integrated manner and
without delay when changing or obtaining additional treatment
services for such addiction. A treatment service for opioid and
co-occurring drug addiction shall not be excluded from the full
spectrum of care on the basis that the treatment service
previously failed.
(C) Categories in the continuum of care for other services
may include the following:
(2) Sub-acute detoxification;
(3)(4) Outpatient treatment;
(4)(5) Intensive and other supports;
(6)(7) Prevention and wellness management.
(C)(D) Support functions may include the following:
(4) Referral and information;
(6) Service and program evaluation.
Sec. 340.092. All of the following apply to the recovery
housing that each board of alcohol, drug addiction, and mental
health services shall include in the full spectrum of care for all
levels of treatment services for opioid and co-occurring drug
addiction under division (B) of section 340.09 of the Revised
Code:
(A) The recovery housing shall not be owned or operated by a
residential facility as defined in section 5119.34 of the Revised
Code and instead shall be owned and operated by the following:
(1) Except as provided in division (A)(2) of this section, a
community addiction services provider or other local
nongovernmental organization (including a peer-run recovery
organization), as appropriate to the needs of the board's service
district;
(2) The board, if either of the following applies:
(a) The board owns and operates the recovery housing on the
effective date of this section.
(b) The board determines that there is an emergency need for
the board to assume the ownership and operation of the recovery
housing such as when an existing owner and operator of the
recovery housing goes out of business, and the board considers the
assumption of ownership and operation of the recovery housing to
be its last resort.
(B) The recovery housing shall have protocols for all of the
following:
(1) Administrative oversight;
(3) Policies and procedures, including house rules, for its
residents to which the residents must agree to adhere.
(C) Individuals recovering from opioid or co-occurring drug
addiction shall have priority in admission to the recovery
housing, but an individual recovering from other drug addictions
may be admitted if an available slot is not needed for an
individual recovering from opioid or co-occurring drug addiction.
(D) Family members of the recovery housing's residents may
reside in the recovery housing to the extent the recovery
housing's protocols permit.
(E) The recovery housing shall not limit a resident's
duration of stay to an arbitrary or fixed amount of time. Instead,
each resident's duration of stay shall be determined by the
resident's needs, progress, and willingness to abide by the
recovery housing's protocols, in collaboration with the recovery
housing's owner, and, if appropriate, in consultation and
integration with a community addiction services provider.
(F) The recovery housing's residents may receive
medication-assisted treatment while residing in the recovery
housing.
(G) The recovery housing is not subject to certification by
the department of mental health and addiction services under
section 5119.36 of the Revised Code.
Sec. 340.093. If the amount of funds that a board of
alcohol, drug addiction, and mental health services has for the
board's full spectrum of care for all levels of treatment services
for opioid and co-occurring drug addiction is greater than the
amount needed to provide the treatment services to all eligible
individuals with opioid and co-occurring drug addictions who apply
to the board for the treatment services, the board may use the
excess funds to provide the treatment services to other eligible
individuals with alcohol or other types of drug addictions.
Sec. 340.15. (A) A public children services agency that
identifies a child by a risk assessment conducted pursuant to
section 5153.16 of the Revised Code as being at imminent risk of
being abused or neglected because of an addiction of a parent,
guardian, or custodian of the child to a drug of abuse or alcohol
shall refer the child's addicted parent, guardian, or custodian
and, if the agency determines that the child needs alcohol or
other drug addiction services, the child to a community addiction
services provider certified by the department of mental health and
addiction services under section 5119.36 of the Revised Code. A
public children services agency that is sent a court order issued
pursuant to division (B) of section 2151.3514 of the Revised Code
shall refer the addicted parent or other caregiver of the child
identified in the court order to a community addiction services
provider certified by the department of mental health and
addiction services under section 5119.36 of the Revised Code. On
receipt of a referral under this division and to the extent
funding identified under division (A)(1)(2) of section 340.08 of
the Revised Code is available, the provider shall provide the
following services to the addicted parent, guardian, custodian, or
caregiver and child in need of addiction services:
(1) If it is determined pursuant to an initial screening to
be needed, assessment and appropriate treatment;
(2) Documentation of progress in accordance with a treatment
plan developed for the addicted parent, guardian, custodian,
caregiver, or child;
(3) If the referral is based on a court order issued pursuant
to division (B) of section 2151.3514 of the Revised Code and the
order requires the specified parent or other caregiver of the
child to submit to alcohol or other drug testing during, after, or
both during and after, treatment, testing in accordance with the
court order.
(B) The services described in division (A) of this section
shall have a priority as provided in the addiction and mental
health services plan and budget established pursuant to sections
340.03 and 340.08 of the Revised Code. Once a referral has been
received pursuant to this section, the public children services
agency and the addiction services provider shall, in accordance
with 42 C.F.R. Part 2, share with each other any information
concerning the persons and services described in that division
that the agency and provider determine are necessary to share. If
the referral is based on a court order issued pursuant to division
(B) of section 2151.3514 of the Revised Code, the results and
recommendations of the addiction services provider also shall be
provided and used as described in division (D) of that section.
Information obtained or maintained by the agency or provider
pursuant to this section that could enable the identification of
any person described in division (A) of this section is not a
public record subject to inspection or copying under section
149.43 of the Revised Code.
Sec. 340.20. (A) In accordance with the rules adopted under
section 5119.363 of the Revised Code, each board of alcohol, drug
addiction, and mental health services monthly shall do all of the
following:
(1) Compile on an aggregate basis the information the board
receives that month from community addiction services providers
under section 5119.362 of the Revised Code;
(2) Determine the number of applications for a treatment
service included in the full spectrum of care required by division
(B) of section 340.09 of the Revised Code that the board received
in the immediately preceding month and that the board denied that
month, each type of treatment service so denied, and the reasons
for the denials;
(3) Subject to division (B) of this section, report all of
the following to the department of mental health and addiction
services:
(a) The information that the board compiles under division
(A)(1) of this section that month;
(b) The information that the board determines under division
(A)(2) of this section that month;
(c) All other information required by the rules.
(B) Each board shall report the information required by
division (A)(3) of this section as follows:
(1) In an electronic format;
(2) In a manner that maintains the confidentiality of all
individuals for whom information is included in the report;
(3) In a manner that presents the information about the
individuals whose information is included in the report by their
counties of residence.
Sec. 2945.402. (A) In approving a conditional release, the
trial court may set any conditions on the release with respect to
the treatment, evaluation, counseling, or control of the defendant
or person that the court considers necessary to protect the public
safety and the welfare of the defendant or person. The trial court
may revoke a defendant's or person's conditional release and order
reinstatement of the previous placement or reinstitutionalization
at any time the conditions of the release have not been satisfied,
provided that the revocation shall be in accordance with this
section.
(B) A conditional release is a commitment. The hearings on
continued commitment as described in section 2945.401 of the
Revised Code apply to a defendant or person on conditional
release.
(C) A person, agency, or facility that is assigned to monitor
a defendant or person on conditional release immediately shall
notify the trial court on learning that the defendant or person
being monitored has violated the terms of the conditional release.
Upon learning of any violation of the terms of the conditional
release, the trial court may issue a temporary order of detention
or, if necessary, an arrest warrant for the defendant or person.
Within ten court days after the defendant's or person's detention
or arrest, the trial court shall conduct a hearing to determine
whether the conditional release should be modified or terminated.
At the hearing, the defendant or person shall have the same rights
as are described in division (C) of section 2945.40 of the Revised
Code. The trial court may order a continuance of the ten-court-day
period for no longer than ten days for good cause shown or for any
period on motion of the defendant or person. If the trial court
fails to conduct the hearing within the ten-court-day period and
does not order a continuance in accordance with this division, the
defendant or person shall be restored to the prior conditional
release status.
(D) The trial court shall give all parties reasonable notice
of a hearing conducted under this section. At the hearing, the
prosecutor shall present the case demonstrating that the defendant
or person violated the terms of the conditional release. If the
court finds by a preponderance of the evidence that the defendant
or person violated the terms of the conditional release, the court
may continue, modify, or terminate the conditional release and
shall enter its order accordingly.
(E)(1) If a court approves a conditional release, the court
shall report the approval and information pertaining to the
release to the local law enforcement agency. The local law
enforcement agency shall enter the approval and information into
the national crime information center supervised release file
through the law enforcement automated data system. The information
required by divisions (E)(1)(c) and (d) of this section shall be
entered into the file's miscellaneous field. The information
reported and entered shall include all of the following:
(a) The name of the court providing the information;
(b) The offense or offenses with which the defendant or
person was charged;
(c) Whether the person was found not guilty by reason of
insanity or incompetent to stand trial with no substantial
probability of becoming competent even with a course of treatment;
(d) The reason for the conditional release;
(e) Any other information required for the entry of
information into the national crime information center supervised
release file.
(2) Information entered into the national crime information
center supervised release file pursuant to this section shall
remain in the file until the termination of the conditional
release or commitment.
(3) If a defendant or person about whom information is
entered into the national crime information center supervised
release file pursuant to division (E)(1) of this section has
contact with a law enforcement agency after the information is
entered, the agency shall report the contact to the department of
mental health and addiction services and, if the terms of the
release require the defendant or person to receive mental health
treatment, to the person, office, or agency providing the
treatment.
(4) As used in division (E) of this section, "local law
enforcement agency" means the police department of a municipal
corporation in which the offense with which a releasee was charged
allegedly occurred or, if the offense did not allegedly occur in a
municipal corporation, the sheriff of the county in which the
offense allegedly occurred.
Sec. 3701.74. (A) As used in this section and section
3701.741 of the Revised Code:
(1) "Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation
therapy center, emergency facility, and an urgent care center.
"Ambulatory care facility" does not include the private office of
a physician or dentist, whether the office is for an individual or
group practice.
(2) "Chiropractor" means an individual licensed under Chapter
4734. of the Revised Code to practice chiropractic.
(3) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(4) "Health care practitioner" means all of the following:
(a) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(b) A registered or licensed practical nurse licensed under
Chapter 4723. of the Revised Code;
(c) An optometrist licensed under Chapter 4725. of the
Revised Code;
(d) A dispensing optician, spectacle dispensing optician,
contact lens dispensing optician, or spectacle-contact lens
dispensing optician licensed under Chapter 4725. of the Revised
Code;
(e) A pharmacist licensed under Chapter 4729. of the Revised
Code;
(g) A physician assistant authorized under Chapter 4730. of
the Revised Code to practice as a physician assistant;
(h) A practitioner of a limited branch of medicine issued a
certificate under Chapter 4731. of the Revised Code;
(i) A psychologist licensed under Chapter 4732. of the
Revised Code;
(k) A hearing aid dealer or fitter licensed under Chapter
4747. of the Revised Code;
(l) A speech-language pathologist or audiologist licensed
under Chapter 4753. of the Revised Code;
(m) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(n) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(o) A professional clinical counselor, professional
counselor, social worker, or independent social worker licensed,
or a social work assistant registered, under Chapter 4757. of the
Revised Code;
(p) A dietitian licensed under Chapter 4759. of the Revised
Code;
(q) A respiratory care professional licensed under Chapter
4761. of the Revised Code;
(r) An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
certified under Chapter 4765. of the Revised Code.
(5) "Health care provider" means a hospital, ambulatory care
facility, long-term care facility, pharmacy, emergency facility,
or health care practitioner.
(6) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(7) "Long-term care facility" means a nursing home,
residential care facility, or home for the aging, as those terms
are defined in section 3721.01 of the Revised Code; a residential
facility licensed under section 5119.34 of the Revised Code that
provides accommodations, supervision, and personal care services
for three to sixteen unrelated adults; a nursing facility, as
defined in section 5165.01 of the Revised Code; a skilled nursing
facility, as defined in section 5165.01 of the Revised Code; and
an intermediate care facility for individuals with intellectual
disabilities, as defined in section 5124.01 of the Revised Code.
(8) "Medical record" means data in any form that pertains to
a patient's medical history, diagnosis, prognosis, or medical
condition and that is generated and maintained by a health care
provider in the process of the patient's health care treatment.
(9) "Medical records company" means a person who stores,
locates, or copies medical records for a health care provider, or
is compensated for doing so by a health care provider, and charges
a fee for providing medical records to a patient or patient's
representative.
(10) "Patient" means either of the following:
(a) An individual who received health care treatment from a
health care provider;
(b) A guardian, as defined in section 1337.11 of the Revised
Code, of an individual described in division (A)(10)(a) of this
section.
(11) "Patient's personal representative" means a minor
patient's parent or other person acting in loco parentis, a
court-appointed guardian, or a person with durable power of
attorney for health care for a patient, the executor or
administrator of the patient's estate, or the person responsible
for the patient's estate if it is not to be probated. "Patient's
personal representative" does not include an insurer authorized
under Title XXXIX of the Revised Code to do the business of
sickness and accident insurance in this state, a health insuring
corporation holding a certificate of authority under Chapter 1751.
of the Revised Code, or any other person not named in this
division.
(12) "Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(13) "Physician" means a person authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery.
(14) "Authorized person" means a person to whom a patient has
given written authorization to act on the patient's behalf
regarding the patient's medical record.
(B) A patient, a patient's personal representative, or an
authorized person who wishes to examine or obtain a copy of part
or all of a medical record shall submit to the health care
provider a written request signed by the patient, personal
representative, or authorized person dated not more than one year
before the date on which it is submitted. The request shall
indicate whether the copy is to be sent to the requestor,
physician or chiropractor, or held for the requestor at the office
of the health care provider. Within a reasonable time after
receiving a request that meets the requirements of this division
and includes sufficient information to identify the record
requested, a health care provider that has the patient's medical
records shall permit the patient to examine the record during
regular business hours without charge or, on request, shall
provide a copy of the record in accordance with section 3701.741
of the Revised Code, except that if a physician or chiropractor
who has treated the patient determines for clearly stated
treatment reasons that disclosure of the requested record is
likely to have an adverse effect on the patient, the health care
provider shall provide the record to a physician or chiropractor
designated by the patient. The health care provider shall take
reasonable steps to establish the identity of the person making
the request to examine or obtain a copy of the patient's record.
(C) If a health care provider fails to furnish a medical
record as required by division (B) of this section, the patient,
personal representative, or authorized person who requested the
record may bring a civil action to enforce the patient's right of
access to the record.
(D)(1) This section does not apply to medical records whose
release is covered by section 173.20 or 3721.13 of the Revised
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient
Records," or by 42 C.F.R. 483.10.
(2) Nothing in this section is intended to supersede the
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,
and 2305.252 of the Revised Code.
Sec. 4511.191. (A)(1) As used in this section:
(a) "Physical control" has the same meaning as in section
4511.194 of the Revised Code.
(b) "Alcohol monitoring device" means any device that
provides for continuous alcohol monitoring, any ignition interlock
device, any immobilizing or disabling device other than an
ignition interlock device that is constantly available to monitor
the concentration of alcohol in a person's system, or any other
device that provides for the automatic testing and periodic
reporting of alcohol consumption by a person and that a court
orders a person to use as a sanction imposed as a result of the
person's conviction of or plea of guilty to an offense.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon a highway or any public or private property
used by the public for vehicular travel or parking within this
state or who is in physical control of a vehicle, streetcar, or
trackless trolley shall be deemed to have given consent to a
chemical test or tests of the person's whole blood, blood serum or
plasma, breath, or urine to determine the alcohol, drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination content of the person's whole blood, blood serum or
plasma, breath, or urine if arrested for a violation of division
(A) or (B) of section 4511.19 of the Revised Code, section
4511.194 of the Revised Code or a substantially equivalent
municipal ordinance, or a municipal OVI ordinance.
(3) The chemical test or tests under division (A)(2) of this
section shall be administered at the request of a law enforcement
officer having reasonable grounds to believe the person was
operating or in physical control of a vehicle, streetcar, or
trackless trolley in violation of a division, section, or
ordinance identified in division (A)(2) of this section. The law
enforcement agency by which the officer is employed shall
designate which of the tests shall be administered.
(4) Any person who is dead or unconscious, or who otherwise
is in a condition rendering the person incapable of refusal, shall
be deemed to have consented as provided in division (A)(2) of this
section, and the test or tests may be administered, subject to
sections 313.12 to 313.16 of the Revised Code.
(5)(a) If a law enforcement officer arrests a person for a
violation of division (A) or (B) of section 4511.19 of the Revised
Code, section 4511.194 of the Revised Code or a substantially
equivalent municipal ordinance, or a municipal OVI ordinance and
if the person if convicted would be required to be sentenced under
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised
Code, the law enforcement officer shall request the person to
submit, and the person shall submit, to a chemical test or tests
of the person's whole blood, blood serum or plasma, breath, or
urine for the purpose of determining the alcohol, drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination content of the person's whole blood, blood serum or
plasma, breath, or urine. A law enforcement officer who makes a
request pursuant to this division that a person submit to a
chemical test or tests is not required to advise the person of the
consequences of submitting to, or refusing to submit to, the test
or tests and is not required to give the person the form described
in division (B) of section 4511.192 of the Revised Code, but the
officer shall advise the person at the time of the arrest that if
the person refuses to take a chemical test the officer may employ
whatever reasonable means are necessary to ensure that the person
submits to a chemical test of the person's whole blood or blood
serum or plasma. The officer shall also advise the person at the
time of the arrest that the person may have an independent
chemical test taken at the person's own expense. Divisions (A)(3)
and (4) of this section apply to the administration of a chemical
test or tests pursuant to this division.
(b) If a person refuses to submit to a chemical test upon a
request made pursuant to division (A)(5)(a) of this section, the
law enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(B)(1) Upon receipt of the sworn report of a law enforcement
officer who arrested a person for a violation of division (A) or
(B) of section 4511.19 of the Revised Code, section 4511.194 of
the Revised Code or a substantially equivalent municipal
ordinance, or a municipal OVI ordinance that was completed and
sent to the registrar of motor vehicles and a court pursuant to
section 4511.192 of the Revised Code in regard to a person who
refused to take the designated chemical test, the registrar shall
enter into the registrar's records the fact that the person's
driver's or commercial driver's license or permit or nonresident
operating privilege was suspended by the arresting officer under
this division and that section and the period of the suspension,
as determined under this section. The suspension shall be subject
to appeal as provided in section 4511.197 of the Revised Code. The
suspension shall be for whichever of the following periods
applies:
(a) Except when division (B)(1)(b), (c), or (d) of this
section applies and specifies a different class or length of
suspension, the suspension shall be a class C suspension for the
period of time specified in division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within six years of the date on
which the person refused the request to consent to the chemical
test, had refused one previous request to consent to a chemical
test or had been convicted of or pleaded guilty to one violation
of division (A) or (B) of section 4511.19 of the Revised Code or
one other equivalent offense, the suspension shall be a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(c) If the arrested person, within six years of the date on
which the person refused the request to consent to the chemical
test, had refused two previous requests to consent to a chemical
test, had been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses, or had refused one previous request to
consent to a chemical test and also had been convicted of or
pleaded guilty to one violation of division (A) or (B) of section
4511.19 of the Revised Code or other equivalent offenses, which
violation or offense arose from an incident other than the
incident that led to the refusal, the suspension shall be a class
A suspension imposed for the period of time specified in division
(B)(1) of section 4510.02 of the Revised Code.
(d) If the arrested person, within six years of the date on
which the person refused the request to consent to the chemical
test, had refused three or more previous requests to consent to a
chemical test, had been convicted of or pleaded guilty to three or
more violations of division (A) or (B) of section 4511.19 of the
Revised Code or other equivalent offenses, or had refused a number
of previous requests to consent to a chemical test and also had
been convicted of or pleaded guilty to a number of violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses that cumulatively total three or more
such refusals, convictions, and guilty pleas, the suspension shall
be for five years.
(2) The registrar shall terminate a suspension of the
driver's or commercial driver's license or permit of a resident or
of the operating privilege of a nonresident, or a denial of a
driver's or commercial driver's license or permit, imposed
pursuant to division (B)(1) of this section upon receipt of notice
that the person has entered a plea of guilty to, or that the
person has been convicted after entering a plea of no contest to,
operating a vehicle in violation of section 4511.19 of the Revised
Code or in violation of a municipal OVI ordinance, if the offense
for which the conviction is had or the plea is entered arose from
the same incident that led to the suspension or denial.
The registrar shall credit against any judicial suspension of
a person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI ordinance, any
time during which the person serves a related suspension imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of the law
enforcement officer who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code or a
municipal OVI ordinance that was completed and sent to the
registrar and a court pursuant to section 4511.192 of the Revised
Code in regard to a person whose test results indicate that the
person's whole blood, blood serum or plasma, breath, or urine
contained at least the concentration of alcohol specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, the registrar shall enter into the registrar's records the
fact that the person's driver's or commercial driver's license or
permit or nonresident operating privilege was suspended by the
arresting officer under this division and section 4511.192 of the
Revised Code and the period of the suspension, as determined under
divisions (C)(1)(a) to (d) of this section. The suspension shall
be subject to appeal as provided in section 4511.197 of the
Revised Code. The suspension described in this division does not
apply to, and shall not be imposed upon, a person arrested for a
violation of section 4511.194 of the Revised Code or a
substantially equivalent municipal ordinance who submits to a
designated chemical test. The suspension shall be for whichever of
the following periods applies:
(a) Except when division (C)(1)(b), (c), or (d) of this
section applies and specifies a different period, the suspension
shall be a class E suspension imposed for the period of time
specified in division (B)(5) of section 4510.02 of the Revised
Code.
(b) The suspension shall be a class C suspension for the
period of time specified in division (B)(3) of section 4510.02 of
the Revised Code if the person has been convicted of or pleaded
guilty to, within six years of the date the test was conducted,
one violation of division (A) or (B) of section 4511.19 of the
Revised Code or one other equivalent offense.
(c) If, within six years of the date the test was conducted,
the person has been convicted of or pleaded guilty to two
violations of a statute or ordinance described in division
(C)(1)(b) of this section, the suspension shall be a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of the date the test was conducted,
the person has been convicted of or pleaded guilty to more than
two violations of a statute or ordinance described in division
(C)(1)(b) of this section, the suspension shall be a class A
suspension imposed for the period of time specified in division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or commercial driver's license or permit of a resident or
of the operating privilege of a nonresident, or a denial of a
driver's or commercial driver's license or permit, imposed
pursuant to division (C)(1) of this section upon receipt of notice
that the person has entered a plea of guilty to, or that the
person has been convicted after entering a plea of no contest to,
operating a vehicle in violation of section 4511.19 of the Revised
Code or in violation of a municipal OVI ordinance, if the offense
for which the conviction is had or the plea is entered arose from
the same incident that led to the suspension or denial.
The registrar shall credit against any judicial suspension of
a person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI ordinance, any
time during which the person serves a related suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under this section for the time described in division (B) or (C)
of this section is effective immediately from the time at which
the arresting officer serves the notice of suspension upon the
arrested person. Any subsequent finding that the person is not
guilty of the charge that resulted in the person being requested
to take the chemical test or tests under division (A) of this
section does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a vehicle,
streetcar, or trackless trolley in violation of section 4511.194
of the Revised Code or a substantially equivalent municipal
ordinance, regardless of whether the person's driver's or
commercial driver's license or permit or nonresident operating
privilege is or is not suspended under division (B) or (C) of this
section or Chapter 4510. of the Revised Code, the person's initial
appearance on the charge resulting from the arrest shall be held
within five days of the person's arrest or the issuance of the
citation to the person, subject to any continuance granted by the
court pursuant to section 4511.197 of the Revised Code regarding
the issues specified in that division.
(E) When it finally has been determined under the procedures
of this section and sections 4511.192 to 4511.197 of the Revised
Code that a nonresident's privilege to operate a vehicle within
this state has been suspended, the registrar shall give
information in writing of the action taken to the motor vehicle
administrator of the state of the person's residence and of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194, section 4511.196, or division (G) of
section 4511.19 of the Revised Code, or under section 4510.07 of
the Revised Code for a violation of a municipal OVI ordinance and
upon the request of the person whose driver's or commercial
driver's license or permit was suspended and who is not otherwise
subject to suspension, cancellation, or disqualification, the
registrar shall return the driver's or commercial driver's license
or permit to the person upon the occurrence of all of the
conditions specified in divisions (F)(1) and (2) of this section:
(1) A showing that the person has proof of financial
responsibility, a policy of liability insurance in effect that
meets the minimum standards set forth in section 4509.51 of the
Revised Code, or proof, to the satisfaction of the registrar, that
the person is able to respond in damages in an amount at least
equal to the minimum amounts specified in section 4509.51 of the
Revised Code.
(2) Subject to the limitation contained in division (F)(3) of
this section, payment by the person to the registrar or an
eligible deputy registrar of a license reinstatement fee of four
hundred seventy-five dollars, which fee. The registrar or deputy
registrar shall be deposited deposit the fee in the state treasury
and to be credited as follows:
(a) One hundred twelve dollars and fifty cents shall be
credited to the statewide treatment and prevention fund created by
section 4301.30 of the Revised Code. Money credited to the fund
under this section shall be used for purposes identified under
section 5119.22 of the Revised Code.
(b) Seventy-five dollars shall be credited to the reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents shall be credited to
the indigent drivers alcohol treatment fund, which is hereby
established in the state treasury. Except as otherwise provided in
division (F)(2)(c) of this section, moneys in the fund shall be
distributed by the The department of mental health and addiction
services shall distribute the moneys in that fund to the county
indigent drivers alcohol treatment funds, the county juvenile
indigent drivers alcohol treatment funds, and the municipal
indigent drivers alcohol treatment funds that are required to be
established by counties and municipal corporations pursuant to
division (H) of this section, and shall to be used only
to pay
the cost of an alcohol and drug addiction treatment program
attended by an offender or juvenile traffic offender who is
ordered to attend an alcohol and drug addiction treatment program
by a county, juvenile, or municipal court judge and who is
determined by the county, juvenile, or municipal court judge not
to have the means to pay for the person's attendance at the
program or to pay the costs specified in division (H)(4) of this
section in accordance with that division. In addition, a county,
juvenile, or municipal court judge may use moneys in the county
indigent drivers alcohol treatment fund, county juvenile indigent
drivers alcohol treatment fund, or municipal indigent drivers
alcohol treatment fund to pay for the cost of the continued use of
an alcohol monitoring device as described in divisions (H)(3) and
(4) of this section as provided in division (H)(3) of this
section. Moneys in the fund that are not distributed to a county
indigent drivers alcohol treatment fund, a county juvenile
indigent drivers alcohol treatment fund, or a municipal indigent
drivers alcohol treatment fund under division (H) of this section
because the director of mental health and addiction services does
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was
arrested may be transferred by the director of budget and
management to the statewide treatment and prevention fund created
by section 4301.30 of the Revised Code, upon certification of the
amount by the director of mental health and addiction services.
(d) Seventy-five dollars shall be credited to the
opportunities for Ohioans with disabilities agency established by
section 3304.15 of the Revised Code, to the services for
rehabilitation fund, which is hereby established. The fund shall
be used to match available federal matching funds where
appropriate, and for any other purpose or program of the agency to
rehabilitate persons with disabilities to help them become
employed and independent.
(e) Seventy-five dollars shall be deposited into the state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division (F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency medical services fund created by section 4513.263 of the
Revised Code.
(h) Fifty dollars shall be credited to the indigent drivers
interlock and alcohol monitoring fund, which is hereby established
in the state treasury. Moneys in the fund shall be distributed by
the department of public safety to the county indigent drivers
interlock and alcohol monitoring funds, the county juvenile
indigent drivers interlock and alcohol monitoring funds, and the
municipal indigent drivers interlock and alcohol monitoring funds
that are required to be established by counties and municipal
corporations pursuant to this section, and shall be used only to
pay the cost of an immobilizing or disabling device, including a
certified ignition interlock device, or an alcohol monitoring
device used by an offender or juvenile offender who is ordered to
use the device by a county, juvenile, or municipal court judge and
who is determined by the county, juvenile, or municipal court
judge not to have the means to pay for the person's use of the
device.
(3) If a person's driver's or commercial driver's license or
permit is suspended under this section, under section 4511.196 or
division (G) of section 4511.19 of the Revised Code, under section
4510.07 of the Revised Code for a violation of a municipal OVI
ordinance or under any combination of the suspensions described in
division (F)(3) of this section, and if the suspensions arise from
a single incident or a single set of facts and circumstances, the
person is liable for payment of, and shall be required to pay to
the registrar or an eligible deputy registrar, only one
reinstatement fee of four hundred seventy-five dollars. The
reinstatement fee shall be distributed by the bureau in accordance
with division (F)(2) of this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded to
a law enforcement agency under this section shall be used by the
agency to pay for not more than fifty per cent of the amount of
the salaries of law enforcement officers who conduct drug abuse
resistance education programs in public schools. The attorney
general shall not use more than six per cent of the amounts the
attorney general's office receives under division (F)(2)(e) of
this section to pay the costs it incurs in administering the grant
program established by division (F)(2)(e) of this section and in
providing training and materials relating to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(5) In addition to the reinstatement fee under this section,
if the person pays the reinstatement fee to a deputy registrar,
the deputy registrar shall collect a service fee of ten dollars to
compensate the deputy registrar for services performed under this
section. The deputy registrar shall retain eight dollars of the
service fee and shall transmit the reinstatement fee, plus two
dollars of the service fee, to the registrar in the manner the
registrar shall determine.
(G) Suspension of a commercial driver's license under
division (B) or (C) of this section shall be concurrent with any
period of disqualification under section 3123.611 or 4506.16 of
the Revised Code or any period of suspension under section 3123.58
of the Revised Code. No person who is disqualified for life from
holding a commercial driver's license under section 4506.16 of the
Revised Code shall be issued a driver's license under Chapter
4507. of the Revised Code during the period for which the
commercial driver's license was suspended under division (B) or
(C) of this section. No person whose commercial driver's license
is suspended under division (B) or (C) of this section shall be
issued a driver's license under Chapter 4507. of the Revised Code
during the period of the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish and a juvenile
indigent drivers alcohol treatment fund, and each. Each municipal
corporation in which there is a municipal court shall establish an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, all portions of
additional costs imposed under section 2949.094 of the Revised
Code that are specified for deposit into a county, county
juvenile, or municipal indigent drivers alcohol treatment fund by
that section, and all portions of fines that are specified for
deposit into a county or municipal indigent drivers alcohol
treatment fund by section 4511.193 of the Revised Code shall be
deposited into that county indigent drivers alcohol treatment
fund, county juvenile indigent drivers alcohol treatment fund, or
municipal indigent drivers alcohol treatment fund. The portions of
the fees paid under division (F) of this section that are to be so
deposited shall be determined in accordance with division (H)(2)
of this section. Additionally, all portions of fines that are paid
for a violation of section 4511.19 of the Revised Code or of any
prohibition contained in Chapter 4510. of the Revised Code, and
that are required under section 4511.19 or any provision of
Chapter 4510. of the Revised Code to be deposited into a county
indigent drivers alcohol treatment fund or municipal indigent
drivers alcohol treatment fund shall be deposited into the
appropriate fund in accordance with the applicable division of the
section or provision.
The treasurer of state or other appropriate official, as
applicable, shall transfer the following into each county indigent
drivers alcohol treatment fund, county juvenile indigent drivers
alcohol treatment fund, or municipal indigent drivers alcohol
treatment fund, as applicable:
(a) All revenue the general assembly appropriates to the
indigent drivers alcohol treatment fund for transfer into such a
fund;
(b) All portions of fees paid under division (F) of this
section that, in accordance with division (H)(2) of this section,
are credited to the indigent drivers alcohol treatment fund for
deposit into such a fund;
(c) All portions of additional costs imposed under section
2949.094 of the Revised Code that are required to be deposited
into such a fund;
(d) All portions of fines that are required to be deposited
into such a fund under section 4511.193 of the Revised Code;
(e) All portions of fines paid under section 4511.19 of the
Revised Code or Chapter 4510. of the Revised Code that are
required to be paid into such a fund.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that is credited under
that division to the indigent drivers alcohol treatment fund shall
be deposited into a county indigent drivers alcohol treatment
fund, a county juvenile indigent drivers alcohol treatment fund,
or a municipal indigent drivers alcohol treatment fund as follows:
(a) Regarding a suspension imposed under this section, that
portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension or
in the imposition of the court costs, the portion shall be
deposited into the county indigent drivers alcohol treatment fund
under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the suspension
or in the imposition of the court costs, the portion shall be
deposited into the county juvenile indigent drivers alcohol
treatment fund established in the county served by the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the suspension
or in the imposition of the court costs, the portion shall be
deposited into the municipal indigent drivers alcohol treatment
fund under the control of that court.
(b) Regarding a suspension imposed under section 4511.19 of
the Revised Code or under section 4510.07 of the Revised Code for
a violation of a municipal OVI ordinance, that portion of the fee
shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or permit
was suspended by a municipal court, the portion shall be deposited
into the municipal indigent drivers alcohol treatment fund under
the control of that court.
(3) Expenditures (a) As used in division (H)(3) of this
section, "indigent person" means a person who is convicted of, or
found to be a juvenile traffic offender by reason of, a violation
of division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance, who is ordered by the
court to attend an alcohol and drug addiction treatment program,
and who is determined by the court under division (H)(5) of this
section to be unable to pay the cost of the assessment or the cost
of attendance at the treatment program.
(b) A county, juvenile, or municipal court judge, by order,
may make expenditures
from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of an
assessment or the cost of the attendance at an alcohol and drug
addiction treatment program of a with respect to an indigent
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of the assessment or the cost
of attendance at the treatment program or for payment of the costs
specified in division (H)(4) of this section in accordance with
that division. The for any of the following:
(i) To pay the cost of an assessment that is conducted by an
appropriately licensed clinician at either a driver intervention
program that is certified under section 5119.38 of the Revised
Code or at a community addiction services provider that is
certified under section 5119.36 of the Revised Code;
(ii) To pay the cost of alcohol addiction services, drug
addiction services, or integrated alcohol and drug addiction
services at a community addiction services provider that is
certified under section 5119.36 of the Revised Code;
(iii) To pay the cost of transportation to attend an
assessment as provided under division (H)(3)(b)(i) of this section
or addiction services as provided under division (H)(3)(b)(ii) of
this section.
The alcohol and drug addiction services board or the board of
alcohol, drug addiction, and mental health services established
pursuant to section 340.02 or 340.021 of the Revised Code and
serving the alcohol, drug addiction, and mental health service
district in which the court is located shall administer the
indigent drivers alcohol treatment program of the court. When a
court orders an offender or juvenile traffic offender to obtain an
assessment or attend an alcohol and drug addiction treatment
program, the board shall determine which program is suitable to
meet the needs of the offender or juvenile traffic offender, and
when a suitable program is located and space is available at the
program, the offender or juvenile traffic offender shall attend
the program designated by the board. A reasonable amount not to
exceed five per cent of the amounts credited to and deposited into
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent drivers alcohol treatment fund serving every court whose
program is administered by that board shall be paid to the board
to cover the costs it incurs in administering those indigent
drivers alcohol treatment programs.
In addition, upon (c) Upon exhaustion of moneys in the
indigent drivers interlock and alcohol monitoring fund for the use
of an alcohol monitoring device, a county, juvenile, or municipal
court judge may use moneys in the county indigent drivers alcohol
treatment fund, county juvenile indigent drivers alcohol treatment
fund, or municipal indigent drivers alcohol treatment fund in
either of the following manners:
(a)(i) If the source of the moneys was an appropriation of
the general assembly, a portion of a fee that was paid under
division (F) of this section, a portion of a fine that was
specified for deposit into the fund by section 4511.193 of the
Revised Code, or a portion of a fine that was paid for a violation
of section 4511.19 of the Revised Code or of a provision contained
in Chapter 4510. of the Revised Code that was required to be
deposited into the fund, to pay for the continued use of an
alcohol monitoring device by an offender or juvenile traffic
offender, in conjunction with a treatment program approved by the
department of mental health and addiction services, when such use
is determined clinically necessary by the treatment program and
when the court determines that the offender or juvenile traffic
offender is unable to pay all or part of the daily monitoring or
cost of the device;
(b)(ii) If the source of the moneys was a portion of an
additional court cost imposed under section 2949.094 of the
Revised Code, to pay for the continued use of an alcohol
monitoring device by an offender or juvenile traffic offender when
the court determines that the offender or juvenile traffic
offender is unable to pay all or part of the daily monitoring or
cost of the device. The moneys may be used for a device as
described in this division if the use of the device is in
conjunction with a treatment program approved by the department of
mental health and addiction services, when the use of the device
is determined clinically necessary by the treatment program, but
the use of a device is not required to be in conjunction with a
treatment program approved by the department in order for the
moneys to be used for the device as described in this division.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board of alcohol, drug addiction, and mental health services
established pursuant to section 340.02 or 340.021 of the Revised
Code and serving the alcohol, drug addiction, and mental health
district in which the court is located, that the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent drivers alcohol treatment fund under the control of the
court are more than sufficient to satisfy the purpose for which
the fund was established, as specified in divisions (H)(1) to (3)
of this section, the court may declare a surplus in the fund. If
the court declares a surplus in the fund, the court may expend
take any of the following actions with regard to the amount of the
surplus in the fund for:
(a) Alcohol Expend any of the surplus amount for alcohol and
drug abuse assessment and treatment, and for the cost of
transportation related to assessment and treatment, of persons who
are charged in the court with committing a criminal offense or
with being a delinquent child or juvenile traffic offender and in
relation to whom both of the following apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable to pay
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used.
(b) All Expend any of the surplus amount to pay all or part
of the cost of purchasing alcohol monitoring devices to be used in
conjunction with division (H)(3)(c) of this section, upon
exhaustion of moneys in the indigent drivers interlock and alcohol
monitoring fund for the use of an alcohol monitoring device.
(c) Transfer to another court in the same county any of the
surplus amount to be utilized in a manner consistent with division
(H)(3) of this section. If surplus funds are transferred to
another court, the court that transfers the funds shall notify the
alcohol and drug addiction services board or the board of alcohol,
drug addiction, and mental health services that serves the
alcohol, drug addiction, and mental health service district in
which that court is located.
(d) Transfer to the alcohol and drug addiction services board
or the board of alcohol, drug addiction, and mental health
services that serves the alcohol, drug addiction, and mental
health service district in which the court is located any of the
surplus amount to be utilized in a manner consistent with division
(H)(3) of this section or for board contracted recovery support
services.
(5) For the purpose of determining as described in division
(F)(2)(c) of this section whether In order to determine if an
offender does not have the means to pay for the offender's
attendance at an alcohol and drug addiction treatment program for
purposes of division (H)(3) of this section or whether if an
alleged offender or delinquent child is unable to pay the costs
specified in division (H)(4) of this section, the court shall use
the indigent client eligibility guidelines and the standards of
indigency established by the state public defender to make the
determination.
(6) The court shall identify and refer any community
addiction services provider that is not certified under section
5119.36 of the Revised Code and that is interested in receiving
amounts from the surplus in the fund declared under division
(H)(4) of this section to the department of mental health and
addiction services in order for the services provider to become a
certified community addiction services provider. The department
shall keep a record of applicant referrals received pursuant to
this division and shall submit a report on the referrals each year
to the general assembly. If a services provider interested in
becoming certified makes an application to become certified
pursuant to section 5119.36 of the Revised Code, the services
provider is eligible to receive surplus funds as long as the
application is pending with the department. The department of
mental health and addiction services must offer technical
assistance to the applicant. If the interested services provider
withdraws the certification application, the department must
notify the court, and the court shall not provide the interested
services provider with any further surplus funds.
(7)(a) Each alcohol and drug addiction services board and
board of alcohol, drug addiction, and mental health services
established pursuant to section 340.02 or 340.021 of the Revised
Code shall submit to the department of mental health and addiction
services an annual report for each indigent drivers alcohol
treatment fund in that board's area.
(b) The report, which shall be submitted not later than sixty
days after the end of the state fiscal year, shall provide the
total payment that was made from the fund, including the number of
indigent consumers that received treatment services and the number
of indigent consumers that received an alcohol monitoring device.
The report shall identify the treatment program and expenditure
for an alcohol monitoring device for which that payment was made.
The report shall include the fiscal year balance of each indigent
drivers alcohol treatment fund located in that board's area. In
the event that a surplus is declared in the fund pursuant to
division (H)(4) of this section, the report also shall provide the
total payment that was made from the surplus moneys and identify
the treatment program and expenditure for an alcohol monitoring
device authorized purpose for which that payment was made.
(c) If a board is unable to obtain adequate information to
develop the report to submit to the department for a particular
indigent drivers alcohol treatment fund, the board shall submit a
report detailing the effort made in obtaining the information.
(I)(1) Each county shall establish an indigent drivers
interlock and alcohol monitoring fund and a juvenile indigent
drivers interlock and alcohol treatment fund, and each. Each
municipal corporation in which there is a municipal court shall
establish an indigent drivers interlock and alcohol monitoring
fund. All revenue that the general assembly appropriates to the
indigent drivers interlock and alcohol monitoring fund for
transfer to a county indigent drivers interlock and alcohol
monitoring fund, a county juvenile indigent drivers interlock and
alcohol monitoring fund, or a municipal indigent drivers interlock
and alcohol monitoring fund, all portions of license reinstatement
fees that are paid under division (F)(2) of this section and that
are credited under that division to the indigent drivers interlock
and alcohol monitoring fund in the state treasury, and all
portions of fines that are paid under division (G) of section
4511.19 of the Revised Code and that are credited by division
(G)(5)(e) of that section to the indigent drivers interlock and
alcohol monitoring fund in the state treasury shall be deposited
in the appropriate fund in accordance with division (I)(2) of this
section.
The treasurer of state shall transfer the following into each
county indigent drivers interlock and alcohol monitoring fund,
county juvenile indigent drivers interlock and alcohol monitoring
fund, or municipal indigent drivers interlock and alcohol
monitoring fund, as applicable:
(a) All revenue the general assembly appropriates to the
indigent drivers interlock and alcohol monitoring fund for
transfer into such a fund;
(b) All portions of license reinstatement fees paid under
division (F)(2) of this section that, in accordance with division
(I)(2) of this section, are credited to the indigent drivers
interlock and alcohol monitoring fund for deposit into a such
fund;
(c) All portions of fines that are paid under division (G) of
section 4511.19 of the Revised Code and are credited by division
(G)(5)(e) of that section to the indigent drivers interlock and
alcohol monitoring fund for deposit into such a fund in accordance
with division (I)(2) of this section.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that portion of the
fine paid under division (G) of section 4511.19 of the Revised
Code and that is credited under either division to the indigent
drivers interlock and alcohol monitoring fund shall be deposited
into a county indigent drivers interlock and alcohol monitoring
fund, a county juvenile indigent drivers interlock and alcohol
monitoring fund, or a municipal indigent drivers interlock and
alcohol monitoring fund as follows:
(a) If the fee or fine is paid by a person who was charged in
a county court with the violation that resulted in the suspension
or fine, the portion shall be deposited into the county indigent
drivers interlock and alcohol monitoring fund under the control of
that court.
(b) If the fee or fine is paid by a person who was charged in
a juvenile court with the violation that resulted in the
suspension or fine, the portion shall be deposited into the county
juvenile indigent drivers interlock and alcohol monitoring fund
established in the county served by the court.
(c) If the fee or fine is paid by a person who was charged in
a municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers interlock and alcohol monitoring fund under the
control of that court.
(3) If a county, juvenile, or municipal court determines that
the funds in the county indigent drivers interlock and alcohol
monitoring fund, the county juvenile indigent drivers interlock
and alcohol monitoring fund, or the municipal indigent drivers
interlock and alcohol monitoring fund under the control of that
court are more than sufficient to satisfy the purpose for which
the fund was established as specified in division (F)(2)(h) of
this section, the court may declare a surplus in the fund. The
court then may order the transfer of a specified amount into the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent drivers alcohol treatment fund under the control of that
court to be utilized in accordance with division (H) of this
section.
Sec. 4758.01. As used in this chapter:
(A) "Accredited educational institution" means an educational
institution accredited by an accrediting agency accepted by the
Ohio board of regents.
(B)(1) "Alcohol and other drug clinical counseling
principles, methods, or procedures" means an approach to chemical
dependency counseling that emphasizes the chemical dependency
counselor's role in systematically assisting clients through all
of the following:
(a) Analyzing background and current information;
(b) Exploring possible solutions;
(c) Developing and providing a treatment plan;
(d) In the case of an independent chemical dependency
counselor-clinical supervisor, independent chemical dependency
counselor, or chemical dependency counselor III only, diagnosing
chemical dependency conditions.
(2) "Alcohol and other drug clinical counseling principles,
methods, or procedures" includes counseling, assessing,
consulting, and referral as they relate to chemical dependency
conditions.
(C) "Alcohol and other drug prevention services" means a
planned process of strategies and activities designed to preclude
the onset of the use of alcohol and other drugs, reduce
problematic use of alcohol and other drugs, or both.
(D) "Chemical dependency conditions" means those conditions
relating to the abuse of or dependency on alcohol or other drugs
that are classified in accepted nosologies, including the
diagnostic and statistical manual of mental disorders and the
international classification of diseases, and in editions of those
nosologies published after December 23, 2002.
(E) "Chemical dependency counseling" means rendering or
offering to render to individuals, groups, or the public a
counseling service involving the application of alcohol and other
drug clinical counseling principles, methods, or procedures to
assist individuals who are abusing or dependent on alcohol or
other drugs.
(F) "Pathological and problem gambling" means a persistent
and recurring maladaptive gambling behavior that is classified in
accepted nosologies, including the diagnostic and statistical
manual of mental disorders and the international classification of
diseases, and in editions of those nosologies published after the
effective date of this section.
(G) Unless the context provides otherwise, "scope of
practice" means the services, methods, and techniques in which and
the areas for which a person who holds a license or, certificate,
or endorsement under this chapter is trained and qualified.
(G)(H) "Substance abuse professional" has the same meaning as
in 49 C.F.R. 40.3.
(H)(I) "U.S. department of transportation drug and alcohol
testing program" means a transportation workplace drug and alcohol
testing program governed by 49 C.F.R. part 40.
Sec. 4758.02. (A) Except as provided in section 4758.03 of
the Revised Code, no person shall do any of the following:
(1) Engage in or represent to the public that the person
engages in chemical dependency counseling for a fee, salary, or
other consideration unless the person holds a valid independent
chemical dependency counselor-clinical supervisor license,
independent chemical dependency counselor license, chemical
dependency counselor III license, chemical dependency counselor II
license, or chemical dependency counselor assistant certificate
issued under this chapter;
(2) Use the title "licensed independent chemical dependency
counselor-clinical supervisor," "LICDC-CS," "licensed independent
chemical dependency counselor," "LICDC," "licensed chemical
dependency counselor III," "LCDC III," "licensed chemical
dependency counselor II," "LCDC II," "chemical dependency
counselor assistant," "CDCA," or any other title or description
incorporating the word "chemical dependency counselor" or any
other initials used to identify persons acting in those capacities
unless currently authorized under this chapter to act in the
capacity indicated by the title or initials;
(3) Represent to the public that the person holds a
pathological and problem gambling endorsement unless the person
holds a valid pathological and problem gambling endorsement issued
under this chapter;
(4) Represent to the public that the person is a registered
applicant unless the person holds a valid registered applicant
certificate issued under this chapter;
(4)(5) Use the title "certified prevention specialist II,"
"CPS II," "certified prevention specialist I," "CPS I," "certified
prevention specialist assistant," "CPSA," "registered applicant,"
"RA," or any other title, description, or initials used to
identify persons acting in those capacities unless currently
authorized under this chapter to act in the capacity indicated by
the title or initials.
(B) No person shall engage in or represent to the public that
the person engages in chemical dependency counseling as a chemical
dependency counselor I.
Sec. 4758.06. No individual who holds or has held a license
or, certificate, or endorsement issued under this chapter shall
disclose any information regarding the identity, diagnosis, or
treatment of any of the individual's clients or consumers except
for the purposes and under the circumstances expressly authorized
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that
federal law, other federal law enacted after the effective date of
this section December 23, 2002, to replace 42 U.S.C.A. 290dd-2, or
regulations promulgated under the replacement federal law. The
prohibition of this section applies whether or not the information
is recorded.
Sec. 4758.16. The chemical dependency professionals board
shall not discriminate against any licensee, certificate holder,
endorsement holder, or applicant for a license or, certificate, or
endorsement under this chapter because of the individual's race,
color, religion, gender, national origin, disability as defined in
section 4112.01 of the Revised Code, or age. The board shall
afford a hearing to any individual who files with the board a
statement alleging discrimination based on any of those reasons.
Sec. 4758.20. (A) The chemical dependency professionals board
shall adopt rules to establish, specify, or provide for all of the
following:
(1) Fees for the purposes authorized by section 4758.21 of
the Revised Code;
(2) If the board, pursuant to section 4758.221 of the Revised
Code, elects to administer examinations for individuals seeking to
act as substance abuse professionals in a U.S. department of
transportation drug and alcohol testing program, the board's
administration of the examinations;
(3) For the purpose of section 4758.23 of the Revised Code,
codes of ethical practice and professional conduct for individuals
who hold a license or, certificate, or endorsement issued under
this chapter;
(4) For the purpose of section 4758.24 of the Revised Code,
all of the following:
(a) Good moral character requirements for an individual who
seeks or holds a license or, certificate, or endorsement issued
under this chapter;
(b) The documents that an individual seeking such a license
or, certificate, or endorsement must submit to the board;
(c) Requirements to obtain the license or, certificate, or
endorsement that are in addition to the requirements established
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,
4758.44, 4758.45, 4758.46, and 4758.47, and 4758.48 of the Revised
Code. The additional requirements may include preceptorships.
(d) The period of time that an individual whose registered
applicant certificate has expired must wait before applying for a
new registered applicant certificate.
(5) For the purpose of section 4758.28 of the Revised Code,
requirements for approval of continuing education courses of study
for individuals who hold a license or, certificate, or endorsement
issued under this chapter;
(6) For the purpose of section 4758.30 of the Revised Code,
the intervention for and treatment of an individual holding a
license or, certificate, or endorsement issued under this chapter
whose abilities to practice are impaired due to abuse of or
dependency on alcohol or other drugs or other physical or mental
condition;
(7) Requirements governing reinstatement of a suspended or
revoked license or, certificate, or endorsement under division (B)
of section 4758.30 of the Revised Code, including requirements for
determining the amount of time an individual must wait to apply
for reinstatement;
(8) For the purpose of section 4758.31 of the Revised Code,
methods of ensuring that all records the board holds pertaining to
an investigation remain confidential during the investigation;
(9) Criteria for employees of the board to follow when
performing their duties under division (B) of section 4758.35 of
the Revised Code;
(10) For the purpose of division (A)(1) of section 4758.39
and division (A)(1) of section 4758.40 of the Revised Code, course
requirements for a degree in a behavioral science or nursing that
shall, at a minimum, include at least forty semester hours in all
of the following courses:
(a) Theories of counseling and psychotherapy;
(b) Counseling procedures;
(c) Group process and techniques;
(d) Relationship therapy;
(e) Research methods and statistics;
(f) Fundamentals of assessment and diagnosis, including
measurement and appraisal;
(i) Cultural competence in counseling;
(11) For the purpose of division (A)(3) of section 4758.39,
division (A)(3) of section 4758.40, division (A)(3) of section
4758.41, and division (A)(3) of section 4758.42 of the Revised
Code, training requirements for chemical dependency that shall, at
a minimum, include qualifications for the individuals who provide
the training and instruction in all of the following courses:
(a) Theories of addiction;
(b) Counseling procedures and strategies with addicted
populations;
(c) Group process and techniques working with addicted
populations;
(d) Assessment and diagnosis of addiction;
(e) Relationship counseling with addicted populations;
(g) Prevention strategies;
(i) Legal and ethical issues.
(12) For the purpose of division (B)(2)(b) of section 4758.40
and division (B)(2) of section 4758.41 of the Revised Code,
requirements for the forty clock hours of training on the version
of the diagnostic and statistical manual of mental disorders that
is current at the time of the training, including the number of
the clock hours that must be on substance-related disorders, the
number of the clock hours that must be on chemical dependency
conditions, and the number of the clock hours that must be on
awareness of other mental and emotional disorders;
(13) For the purpose of division (A)(1) of section 4758.41 of
the Revised Code, course requirements for a degree in a behavioral
science or nursing;
(14) For the purpose of division (A) of section 4758.43 of
the Revised Code, training requirements for chemical dependency
counseling that shall, at a minimum, include qualifications for
the individuals who provide the training and instruction in one or
more of the courses listed in division (A)(10) of this section as
selected by the individual seeking the chemical dependency
counselor assistant certificate;
(15) For the purpose of division (A)(2) of section 4758.44 of
the Revised Code, the field of study in which an individual must
obtain at least a bachelor's degree;
(16) For the purpose of division (A)(3) of section 4758.44,
division (A)(3) of section 4758.45, and division (D) of section
4758.46 of the Revised Code, requirements for prevention-related
education;
(17) For the purpose of division (A)(4) of section 4758.44 of
the Revised Code, the number of hours of administrative or
supervisory education that an individual must have;
(18) For the purpose of division (A)(2) of section 4758.45 of
the Revised Code, the field of study in which an individual must
obtain at least an associate's degree;
(19) Standards for the one hundred hours of compensated work
or supervised internship in pathological and problem gambling
direct clinical experience required by division (B)(2) of section
4758.48 of the Revised Code;
(20) For the purpose of section 4758.51 of the Revised Code,
continuing education requirements for individuals who hold a
license or, certificate, or endorsement issued under this chapter;
(20)(21) For the purpose of section 4758.51 of the Revised
Code, the number of hours of continuing education that an
individual must complete to have an expired license or,
certificate, or endorsement restored under section 4758.26 of the
Revised Code;
(21)(22) For the purpose of divisions (A) and (B) of section
4758.52 of the Revised Code, training requirements for chemical
dependency counseling;
(22)(23) The duties, which may differ, of all of the
following:
(a) An independent chemical dependency counselor-clinical
supervisor licensed under this chapter who supervises a chemical
dependency counselor III under section 4758.56 of the Revised
Code;
(b) An independent chemical dependency counselor-clinical
supervisor, independent chemical dependency counselor, or chemical
dependency counselor III licensed under this chapter who
supervises a chemical dependency counselor assistant under section
4758.59 of the Revised Code;
(c) A prevention specialist II or prevention specialist I
certified under this chapter or independent chemical dependency
counselor-clinical supervisor, independent chemical dependency
counselor, or chemical dependency counselor III licensed under
this chapter who supervises a prevention specialist assistant or
registered applicant under section 4758.61 of the Revised Code.
(23)(24) The duties of an independent chemical dependency
counselor licensed under this chapter who holds the pathological
and problem gambling endorsement who supervises a chemical
dependency counselor III with the pathological and problem
gambling endorsement under section 4758.62 of the Revised Code.
(25) Anything else necessary to administer this chapter.
(B) All rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code and any
applicable federal laws and regulations.
(C) When it adopts rules under this section, the board may
consider standards established by any national association or
other organization representing the interests of those involved in
chemical dependency counseling or alcohol and other drug
prevention services.
Sec. 4758.21. (A) In accordance with rules adopted under
section 4758.20 of the Revised Code and subject to division (B) of
this section, the chemical dependency professionals board shall
establish, and may from time to time adjust, fees to be charged
for the following:
(1) Admitting an individual to an examination administered
pursuant to section 4758.22 of the Revised Code;
(2) Issuing an initial independent chemical dependency
counselor-clinical supervisor license, independent chemical
dependency counselor license, chemical dependency counselor III
license, chemical dependency counselor II license, chemical
dependency counselor assistant certificate, prevention specialist
II certificate, prevention specialist I certificate, prevention
specialist assistant certificate, or registered applicant
certificate;
(3) Issuing an initial pathological and problem gambling
endorsement;
(4) Renewing an independent chemical dependency
counselor-clinical supervisor license, independent chemical
dependency counselor license, chemical dependency counselor III
license, chemical dependency counselor II license, chemical
dependency counselor assistant certificate, prevention specialist
II certificate, prevention specialist I certificate, or prevention
specialist assistant certificate;
(4)(5) Renewing a pathological and problem gambling
endorsement;
(6) Approving continuing education courses under section
4758.28 of the Revised Code;
(5)(7) Doing anything else the board determines necessary to
administer this chapter.
(B) The fees established under division (A) of this section
are nonrefundable. They shall be in amounts sufficient to cover
the necessary expenses of the board in administering this chapter
and rules adopted under it. The fees for a license or,
certificate, or endorsement and the renewal of a license or,
certificate, or endorsement may differ for the various types of
licenses and, certificates, or endorsements, but shall not exceed
one hundred seventy-five dollars each, unless the board determines
that amounts in excess of one hundred seventy-five dollars are
needed to cover its necessary expenses in administering this
chapter and rules adopted under it and the amounts in excess of
one hundred seventy-five dollars are approved by the controlling
board.
(C) All vouchers of the board shall be approved by the
chairperson or executive director of the board, or both, as
authorized by the board.
Sec. 4758.23. (A) In rules adopted under section 4758.20 of
the Revised Code, the chemical dependency professionals board
shall establish codes of ethical practice and professional conduct
for the following:
(1) Individuals who hold a valid independent chemical
dependency counselor-clinical supervisor license, independent
chemical dependency counselor license, chemical dependency
counselor III license, chemical dependency counselor II license,
or chemical dependency counselor assistant certificate issued
under this chapter;
(2) Individuals who hold a valid prevention specialist II
certificate, prevention specialist I certificate, prevention
specialist assistant certificate, or registered applicant
certificate issued under this chapter;
(3) Individuals who hold a valid pathological and problem
gambling endorsement.
(B) The codes for individuals identified under division
(A)(1) of this section shall define unprofessional conduct, which
shall include engaging in a dual relationship with a client,
former client, consumer, or former consumer; committing an act of
sexual abuse, misconduct, or exploitation of a client, former
client, consumer, or former consumer; and, except as permitted by
law, violating client or consumer confidentiality.
(C) The codes for individuals identified under division
(A)(1) of this section may be based on any codes of ethical
practice and professional conduct developed by national
associations or other organizations representing the interests of
those involved in chemical dependency counseling. The codes for
individuals identified under division (A)(2) of this section may
be based on any codes of ethical practice and professional conduct
developed by national associations or other organizations
representing the interests of those involved in alcohol and other
drug prevention services. The board may establish standards in the
codes that are more stringent than those established by the
national associations or other organizations.
Sec. 4758.24. (A) The chemical dependency professionals board
shall issue a license or, certificate, or endorsement under this
chapter to an individual who meets all of the following
requirements:
(1) Is of good moral character as determined in accordance
with rules adopted under section 4758.20 of the Revised Code;
(2) Except as provided in section 4758.241 of the Revised
Code, submits a properly completed application and all other
documentation specified in rules adopted under section 4758.20 of
the Revised Code;
(3) Except as provided in section 4758.241 of the Revised
Code, pays the fee established under section 4758.21 of the
Revised Code for the license or, certificate, or endorsement that
the individual seeks;
(4) Meets the requirements to obtain the license or,
certificate, or endorsement that the individual seeks as specified
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;
(5) Meets any additional requirements specified in rules
adopted under section 4758.20 of the Revised Code to obtain the
license or, certificate, or endorsement that the individual seeks.
(B) The board shall not do either of the following:
(1) Issue a certificate to practice as a chemical dependency
counselor I;
(2) Issue a new registered applicant certificate to an
individual whose previous registered applicant certificate has
been expired for less than the period of time specified in rules
adopted under section 4758.20 of the Revised Code.
Sec. 4758.26. (A) Subject to section 4758.30 of the Revised
Code, a license or, certificate, or endorsement issued under this
chapter expires the following period of time after it is issued:
(1) In the case of an initial chemical dependency counselor
assistant certificate, thirteen months;
(2) In the case of any other license or, certificate, or
endorsement, two years.
(B) Subject to section 4758.30 of the Revised Code and except
as provided in section 4758.27 of the Revised Code, the chemical
dependency professionals board shall renew a license or,
certificate, or endorsement issued under this chapter in
accordance with the standard renewal procedure established under
Chapter 4745. of the Revised Code if the individual seeking the
renewal pays the renewal fee established under section 4758.21 of
the Revised Code and does the following:
(1) In the case of an individual seeking renewal of an
initial chemical dependency counselor assistant certificate,
satisfies the additional training requirement established under
section 4758.52 of the Revised Code;
(2) In the case of any other individual, satisfies the
continuing education requirements established under section
4758.51 of the Revised Code.
(C) Subject to section 4758.30 of the Revised Code and except
as provided in section 4758.27 of the Revised Code, a license or,
certificate, or endorsement issued under this chapter that has
expired may be restored if the individual seeking the restoration,
not later than two years after the license or, certificate, or
endorsement expires, applies for restoration of the license or,
certificate, or endorsement. The board shall issue a restored
license or, certificate, or endorsement to the individual if the
individual pays the renewal fee established under section 4758.21
of the Revised Code and does the following:
(1) In the case of an individual whose initial chemical
dependency counselor assistant certificate expired, satisfies the
additional training requirement established under section 4758.52
of the Revised Code;
(2) In the case of any other individual, satisfies the
continuing education requirements established under section
4758.51 of the Revised Code for restoring the license or,
certificate, or endorsement.
The board shall not require an individual to take an
examination as a condition of having an expired license or,
certificate, or endorsement restored under this section.
Sec. 4758.28. The chemical dependency professionals board
shall approve, in accordance with rules adopted under section
4758.20 of the Revised Code and subject to payment of the fee
established under section 4758.21 of the Revised Code, continuing
education courses of study for individuals who hold a license or,
certificate, or endorsement issued under this chapter.
Sec. 4758.29. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the chemical dependency professionals
board shall comply with sections 3123.41 to 3123.50 of the Revised
Code and any applicable rules adopted under section 3123.63 of the
Revised Code with respect to a license or, certificate, or
endorsement issued pursuant to this chapter.
Sec. 4758.30. (A) The chemical dependency professionals
board, in accordance with Chapter 119. of the Revised Code, may
refuse to issue a license or, certificate, or endorsement applied
for under this chapter; refuse to renew or restore a license or,
certificate, or endorsement issued under this chapter; suspend,
revoke, or otherwise restrict a license or, certificate, or
endorsement issued under this chapter; or reprimand an individual
holding a license or, certificate, or endorsement issued under
this chapter. These actions may be taken by the board regarding
the applicant for a license or, certificate, or endorsement or the
individual holding a license or, certificate, or endorsement for
one or more of the following reasons:
(1) Violation of any provision of this chapter or rules
adopted under it;
(2) Knowingly making a false statement on an application for
a license or, certificate, or endorsement or for renewal,
restoration, or reinstatement of a license or, certificate, or
endorsement;
(3) Acceptance of a commission or rebate for referring an
individual to a person who holds a license or certificate issued
by, or who is registered with, an entity of state government,
including persons practicing chemical dependency counseling,
alcohol and other drug prevention services, pathological and
problem gambling counseling, or fields related to chemical
dependency counseling, pathological and problem gambling
counseling, or alcohol and other drug prevention services;
(4) Conviction in this or any other state of any crime that
is a felony in this state;
(5) Conviction in this or any other state of a misdemeanor
committed in the course of practice as an independent chemical
dependency counselor-clinical supervisor, independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor assistant,
prevention specialist II, pathological and problem gambling
endorsee, prevention specialist I, prevention specialist
assistant, or registered applicant;
(6) Inability to practice as an independent chemical
dependency counselor-clinical supervisor, independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor assistant,
pathological and problem gambling endorsee, prevention specialist
II, prevention specialist I, prevention specialist assistant, or
registered applicant due to abuse of or dependency on alcohol or
other drugs or other physical or mental condition;
(7) Practicing outside the individual's scope of practice;
(8) Practicing without complying with the supervision
requirements specified under section 4758.56, 4758.59, or 4758.61,
or 4758.62 of the Revised Code;
(9) Violation of the code of ethical practice and
professional conduct for chemical dependency counseling or,
alcohol and other drug prevention, or pathological and problem
gambling counseling services adopted by the board pursuant to
section 4758.23 of the Revised Code;
(10) Revocation of a license or, certificate, or endorsement
or voluntary surrender of a license or, certificate, or
endorsement in another state or jurisdiction for an offense that
would be a violation of this chapter.
(B) An individual whose license or, certificate, or
endorsement has been suspended or revoked under this section may
apply to the board for reinstatement after an amount of time the
board shall determine in accordance with rules adopted under
section 4758.20 of the Revised Code. The board may accept or
refuse an application for reinstatement. The board may require an
examination for reinstatement of a license or, certificate, or
endorsement that has been suspended or revoked.
Sec. 4758.31. The chemical dependency professionals board
shall investigate alleged violations of this chapter or the rules
adopted under it and alleged irregularities in the delivery of
chemical dependency counseling services, pathological and problem
gambling counseling services, or alcohol and other drug prevention
services by individuals who hold a license or, certificate, or
endorsement issued under this chapter. As part of an
investigation, the board may issue subpoenas, examine witnesses,
and administer oaths.
The board may receive any information necessary to conduct an
investigation under this section that has been obtained in
accordance with federal laws and regulations. If the board is
investigating the provision of chemical dependency counseling
services or pathological and problem gambling counseling services
to a couple or group, it is not necessary for both members of the
couple or all members of the group to consent to the release of
information relevant to the investigation.
The board shall ensure, in accordance with rules adopted
under section 4758.20 of the Revised Code, that all records it
holds pertaining to an investigation remain confidential during
the investigation. After the investigation, the records are public
records except as otherwise provided by federal or state law.
Sec. 4758.35. (A) An individual seeking a license or,
certificate, or endorsement issued under this chapter shall file
with the chemical dependency professionals board a written
application on a form prescribed by the board. Each form shall
state that a false statement made on the form is the crime of
falsification under section 2921.13 of the Revised Code.
(B) The board shall require an individual or individuals
employed by the board under section 4758.15 of the Revised Code to
do both of the following in accordance with criteria established
by rules adopted under section 4758.20 of the Revised Code:
(1) Receive and review all applications submitted to the
board;
(2) Submit to the board all applications the individual or
individuals recommend the board review based on the criteria
established in the rules.
(C) The board shall review all applications submitted to the
board pursuant to division (B)(2) of this section.
Sec. 4758.36. As part of the review process under division
(C) of section 4758.35 of the Revised Code of an application
submitted by an applicant who has obtained the applicant's
education, experience in chemical dependency counseling,
pathological and problem gambling, or alcohol and other drug
prevention services, or education and experience outside the
United States, the chemical dependency professionals board shall
determine whether the applicant's command of the English language
and education or experience meet the standards required by this
chapter and rules adopted under it.
Sec. 4758.48. An individual is not eligible for a
pathological and problem gambling endorsement unless the
individual meets the requirements of divisions (A) and (B) of this
section.
(A) The individual is one or more of the following:
(1) An independent chemical dependency counselor, chemical
dependency counselor III, or chemical dependency counselor II
licensed under this chapter;
(2) Authorized to practice medicine and surgery or
osteopathic medicine and surgery under Chapter 4731. of the
Revised Code;
(3) A psychologist licensed under Chapter 4732. of the
Revised Code;
(4) A registered nurse licensed under Chapter 4723. of the
Revised Code; or
(5) A professional clinical counselor, professional
counselor, independent social worker, social worker, independent
marriage and family therapist, or marriage and family therapist
licensed under Chapter 4757. of the Revised Code.
An individual who is a registered nurse or a professional
clinical counselor, professional counselor, independent social
worker, social worker, independent marriage and family therapist,
or marriage and family therapist is ineligible for the endorsement
unless the endorsement is consistent with the individual's scope
of practice.
(B) Except as otherwise provided in this division, the
individual has completed both of the following:
(1) A minimum of thirty hours of training in pathological and
problem gambling that meets the requirements prescribed in rules
adopted under section 4758.20 of the Revised Code; and
(2) A minimum of one hundred hours of compensated work or
supervised internship in pathological and problem gambling direct
clinical experience.
An independent chemical dependency counselor, chemical
dependency counselor III, or chemical dependency counselor II
licensed under this chapter may be issued an initial pathological
and problem gambling endorsement without having complied with
division (B)(2) of this section, but the independent chemical
dependency counselor, chemical dependency counselor III, or
chemical dependency counselor II shall comply with division (B)(2)
of this section before expiration of the initial endorsement. An
independent chemical dependency counselor, chemical dependency
counselor III, or chemical dependency counselor II who fails to
comply with this paragraph is not entitled to renewal of the
initial endorsement.
Sec. 4758.50. An individual who holds a license or,
certificate, or endorsement issued under this chapter shall post
the license or, certificate, or endorsement in a prominent place
at the individual's place of employment.
Sec. 4758.51. (A) Except as provided in division (C) of this
section and in accordance with rules adopted under section 4758.20
of the Revised Code, each individual who holds a license or,
certificate, or endorsement issued under this chapter, other than
an initial chemical dependency counselor assistant certificate,
shall complete during the period that the license or, certificate,
or endorsement is in effect not less than the following number of
clock hours of continuing education as a condition of receiving a
renewed license
or, certificate, or endorsement:
(1) In the case of an individual holding a prevention
specialist assistant certificate, twenty;
(2) In the case of an individual holding a pathological and
problem gambling endorsement, six;
(3) In the case of any other individual, forty.
(B) Except as provided in division (C) of this section, an
individual whose license or, certificate, or endorsement issued
under this chapter, other than an initial chemical dependency
counselor assistant certificate, has expired shall complete the
number of hours of continuing education specified in rules adopted
under section 4758.20 of the Revised Code as a condition of
receiving a restored license or, certificate, or endorsement.
(C) The chemical dependency professionals board may waive the
continuing education requirements established under this section
for individuals who are unable to fulfill them because of military
service, illness, residence outside the United States, or any
other reason the board considers acceptable.
Sec. 4758.60. An individual who holds a valid prevention
specialist II certificate or prevention specialist I certificate
issued under this chapter may engage in the practice of alcohol
and other drug prevention services as specified in rules adopted
under section 4758.20 of the Revised Code.
Sec. 4758.62. An individual who holds an independent
chemical dependency counselor license and a pathological and
problem gambling treatment endorsement may do all of the
following:
(A) Diagnose and treat pathological and problem gambling
conditions;
(B) Perform treatment planning, assessment, crisis
intervention, individual and group counseling, case management,
and educational services insofar as those functions relate to
pathological and problem gambling;
(C) Supervise pathological and problem gambling treatment
counseling; and
(D) Refer individuals with nonpathological and nonproblem
gambling conditions to appropriate sources of help.
Sec. 4758.63. An individual who holds a chemical dependency
counselor III license and a pathological and problem gambling
endorsement may do all of the following:
(A) Treat pathological and problem gambling conditions;
(B) Diagnose pathological and problem gambling conditions
under supervision;
(C) Perform treatment planning, assessment, crisis
intervention, individual and group counseling, case management,
and educational services insofar as those functions relate to
pathological and problem gambling;
(D) Supervise pathological and problem gambling treatment
counseling under supervision; and
(E) Refer individuals having nonpathological and nonproblem
gambling conditions to appropriate sources of help.
The supervision required by divisions (B) and (D) of this
section shall be provided by an independent chemical dependency
counselor licensed under this chapter; an individual authorized to
practice medicine and surgery or osteopathic medicine and surgery
under Chapter 4731. of the Revised Code; a psychologist licensed
under Chapter 4732. of the Revised Code; a registered nurse
licensed under Chapter 4723. of the Revised Code; or a
professional clinical counselor, independent social worker, or
independent marriage and family therapist licensed under Chapter
4757. of the Revised Code. A registered nurse or a professional
clinical counselor, independent social worker, or independent
marriage and family therapist is not qualified to provide
supervision unless the individual holds a pathological and problem
gambling endorsement.
An individual holding a chemical dependency counselor III
license shall not practice as an individual practitioner.
Sec. 4758.64. An individual who holds a chemical dependency
counselor II license and a pathological and problem gambling
endorsement may do all of the following:
(A) Treat pathological and problem gambling conditions;
(B) Perform treatment planning, assessment, crisis
intervention, individual and group counseling, case management,
and educational services insofar as those functions relate to
pathological and problem gambling; and
(C) Refer individuals having nonpathological and nonproblem
gambling conditions to appropriate sources of help.
An individual holding a chemical dependency II license shall
not practice as an individual practitioner.
Sec. 4758.71. Nothing in this chapter or the rules adopted
under it authorizes an individual who holds a license or,
certificate, or endorsement issued under this chapter to admit a
patient to a hospital or requires a hospital to allow any such
individual to admit a patient.
Sec. 5119.21. (A) The department of mental health and
addiction services shall:
(1) To the extent the department has available resources and
in consultation with boards of alcohol, drug addiction, and mental
health services, support a full spectrum of care for all levels of
treatment services for opioid and co-occurring drug addiction and
a continuum of care
for other services in accordance with Chapter
340. of the Revised Code on a district or multi-district basis.
The department shall define the essential elements of a full
spectrum of care for all levels of treatment services for opioid
and co-occurring drug addiction and a continuum of care for other
services, shall assist in identifying resources, and may
prioritize support for one or more of the elements of the
continuum of care. The essential elements of a full spectrum of
care for all levels of treatment services for opioid and
co-occurring drug addiction shall include the services required by
division (B) of section 340.09 of the Revised Code.
(2) Provide training, consultation, and technical assistance
regarding mental health and addiction services and appropriate
prevention, recovery, and mental health promotion activities,
including those that are culturally competent, to employees of the
department, community mental health and addiction services
providers, boards of alcohol, drug addiction, and mental health
services, and other agencies providing mental health and addiction
services;
(3) To the extent the department has available resources,
promote and support a full range of mental health and addiction
services that are available and accessible to all residents of
this state, especially for severely mentally disabled children,
adolescents, adults, pregnant women, parents, guardians or
custodians of children at risk of abuse or neglect, and other
special target populations, including racial and ethnic
minorities, as determined by the department;
(4) Develop standards and measures for evaluating the
effectiveness of mental health and addiction services, including
services that use methadone treatment, of gambling addiction
services, and for increasing the accountability of mental health
and alcohol and addiction services providers and of gambling
addiction services providers;
(5) Design and set criteria for the determination of priority
populations;
(6) Promote, direct, conduct, and coordinate scientific
research, taking ethnic and racial differences into consideration,
concerning the causes and prevention of mental illness and
addiction, methods of providing effective services and treatment,
and means of enhancing the mental health of and recovery from
addiction of all residents of this state;
(7) Foster the establishment and availability of vocational
rehabilitation services and the creation of employment
opportunities for consumers of mental health and addiction
services, including members of racial and ethnic minorities;
(8) Establish a program to protect and promote the rights of
persons receiving mental health and addiction services, including
the issuance of guidelines on informed consent and other rights;
(9) Promote the involvement of persons who are receiving or
have received mental health or addiction services, including
families and other persons having a close relationship to a person
receiving those services, in the planning, evaluation, delivery,
and operation of mental health and addiction services;
(10) Notify and consult with the relevant constituencies that
may be affected by rules, standards, and guidelines issued by the
department of mental health and addiction services. These
constituencies shall include consumers of mental health and
addiction services and their families, and may include public and
private providers, employee organizations, and others when
appropriate. Whenever the department proposes the adoption,
amendment, or rescission of rules under Chapter 119. of the
Revised Code, the notification and consultation required by this
division shall occur prior to the commencement of proceedings
under Chapter 119. The department shall adopt rules under Chapter
119. of the Revised Code that establish procedures for the
notification and consultation required by this division.
(11) Provide consultation to the department of rehabilitation
and correction concerning the delivery of mental health and
addiction services in state correctional institutions.
(12) Promote and coordinate efforts in the provision of
alcohol and drug addiction services and of gambling addiction
services by other state agencies, as defined in section 1.60 of
the Revised Code; courts; hospitals; clinics; physicians in
private practice; public health authorities; boards of alcohol,
drug addiction, and mental health services; alcohol and drug
addiction services providers; law enforcement agencies; gambling
addiction services providers; and related groups;
(13) Provide to each court of record, and biennially update,
a list of the treatment and education programs within that court's
jurisdiction that the court may require an offender, sentenced
pursuant to section 4511.19 of the Revised Code, to attend;
(14) Make the warning sign described in sections 3313.752,
3345.41, and 3707.50 of the Revised Code available on the
department's internet web site;
(15) Provide a program of gambling addiction services on
behalf of the state lottery commission, pursuant to an agreement
entered into with the director of the commission under division
(K) of section 3770.02 of the Revised Code, and provide a program
of gambling addiction services on behalf of the Ohio casino
control commission, under an agreement entered into with the
executive director of the commission under section 3772.062 of the
Revised Code. Under Section 6(C)(3) of Article XV, Ohio
Constitution, the department may enter into agreements with boards
of alcohol, drug addiction, and mental health services, including
boards with districts in which a casino facility is not located,
and nonprofit organizations to provide gambling addiction services
and substance abuse services, and with state institutions of
higher education or private nonprofit institutions that possess a
certificate of authorization issued under Chapter 1713. of the
Revised Code to perform related research.
(B) The department may accept and administer grants from
public or private sources for carrying out any of the duties
enumerated in this section.
(C) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt a rule defining the term "intervention" as
it is used in this chapter in connection with alcohol and drug
addiction services and in connection with gambling addiction
services. The department may adopt other rules as necessary to
implement the requirements of this chapter.
Sec. 5119.22. The director of mental health and addiction
services with respect to all mental health and addiction
facilities and services established and operated or provided under
Chapter 340. of the Revised Code, shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the Revised Code
that may be necessary to carry out the purposes of this chapter
and Chapters 340. and 5122. of the Revised Code.
(B) Review and evaluate the full spectrum of care for all
levels of treatment services for opioid and co-occurring drug
addiction and the continuum of care for other services in each
service district, taking into account the findings and
recommendations of the board of alcohol, drug addiction, and
mental health services of the district submitted under division
(A)(4) of section 340.03 of the Revised Code and the priorities
and plans of the department of mental health and addiction
services, including the needs of residents of the district
currently receiving services in state-operated hospitals, and make
recommendations for needed improvements to boards of alcohol, drug
addiction, and mental health services;
(C) At the director's discretion, provide to boards of
alcohol, drug addiction, and mental health services state or
federal funds, in addition to those allocated under section
5119.23 of the Revised Code, for special programs or projects the
director considers necessary but for which local funds are not
available;
(D) Establish, in consultation with board of alcohol, drug
addiction, and mental health service representatives and after
consideration of the recommendations of the medical director,
guidelines for the development of community mental health and
addiction services plans and the review and approval or
disapproval of such plans submitted pursuant to section 340.03 of
the Revised Code.
(E) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of its contracted services.
The criteria shall include requirements ensuring appropriate
service utilization. The department shall assess a board's
evaluation of services and the compliance of each board with this
section, Chapter 340. of the Revised Code, and other state or
federal law and regulations. The department, in cooperation with
the board, periodically shall review and evaluate the quality,
effectiveness, and efficiency of services provided through each
board. The department shall collect information that is necessary
to perform these functions.
(F) To the extent the director determines necessary and after
consulting with boards of alcohol, drug addiction, and mental
health services and community addiction and mental health services
providers, develop and operate, or contract for the operation of,
a community behavioral health information system or systems. The
department shall specify the information that must be provided by
boards of alcohol, drug addiction, and mental health services and
by community addiction and mental health services providers for
inclusion in the system or systems.
Boards of alcohol, drug addiction, and mental health services
and community addiction and mental health services providers shall
submit information requested by the department in the form and
manner and in accordance with time frames prescribed by the
department. Information collected by the department may include
all of the following:
(1) Information on services provided;
(2) Financial information regarding expenditures of federal,
state, or local funds;
(3) Information about persons served.
The department shall not collect any personal information
from the boards except as required or permitted by state or
federal law for purposes related to payment, health care
operations, program and service evaluation, reporting activities,
research, system administration, and oversight.
(G)(1) Review each board's community mental health and
addiction services plan, budget, and statement of services to be
made available submitted pursuant to sections 340.03 and 340.08 of
the Revised Code and approve or disapprove the plan, the budget,
and the statement of services in whole or in part.
The department may withhold all or part of the funds
allocated to a board if it disapproves all or part of a plan,
budget, or statement of services, except that the department shall
withhold all of the funds allocated to the board if the department
disapproves the budget because the budget does not comply with
division (A)(1) of section 340.08 of the Revised Code. Prior to a
final decision to disapprove a plan, budget, or statement of
services, or to withhold funds from a board, a representative of
the director of mental health and addiction services shall meet
with the board and discuss the reason for the action the
department proposes to take and any corrective action that should
be taken to make the plan, budget, or statement of services
acceptable to the department. In addition, the department shall
offer technical assistance to the board to assist it to make the
plan, budget, or statement of services acceptable. The department
shall give the board a reasonable time in which to revise the
plan, budget, or statement of services. The board thereafter shall
submit a revised plan, budget, or statement of services, or a new
plan, budget, or statement of services.
(2) If a board determines that it is necessary to amend the
plan, budget, or statement of services that has been approved
under this section, the board shall submit the proposed amendment
to the department. The department may approve or disapprove all or
part of the amendment.
(3) If the director disapproves of all or part of any
proposed amendment, the director shall provide the board an
opportunity to present its position. The director shall inform the
board of the reasons for the disapproval and of the criteria that
must be met before the proposed amendment may be approved. The
director shall give the board a reasonable time within which to
meet the criteria and shall offer technical assistance to the
board to help it meet the criteria.
(4) The department shall establish procedures for the review
of plans, budgets, and statements of services, and a timetable for
submission and review of plans, budgets, and statements of
services and for corrective action and submission of new or
revised plans, budgets, and statements of services.
Sec. 5119.23. (A) The department of mental health and
addiction services shall establish a methodology for allocating to
boards of alcohol, drug addiction, and mental health services the
funds appropriated by the general assembly to the department for
the purpose of the full spectrum of care for all levels of
treatment services for opioid and co-occurring drug addiction and
the continuum of care for other services to be provided as local
mental health and addiction services
continuums of care. The
department shall establish the methodology after notifying and
consulting with relevant constituencies as required by division
(A)(10) of section 5119.21 of the Revised Code. The methodology
may provide for the funds to be allocated to boards on a district
or multi-district basis.
(B) Subject to section 5119.25 of the Revised Code, and to
required submissions and approvals under section 340.08 of the
Revised Code, the department shall allocate the funds to the
boards in a manner consistent with the methodology, this section,
other state and federal laws, rules, and regulations.
(C) In consultation with boards, community mental health and
addiction services providers, and persons receiving services, the
department shall establish guidelines for the use of funds
allocated and distributed under this section.
Sec. 5119.25. (A) The director of mental health and
addiction services, in whole or in part, may withhold funds
otherwise to be allocated to a board of alcohol, drug addiction,
and mental health services under section 5119.23 of the Revised
Code if the board fails to comply with Chapter 340. or section
5119.22, 5119.24, 5119.36, or 5119.371 of the Revised Code or
rules of the department of mental health and addiction services.
However, the director shall withhold all such funds from the board
when required to do so under division (A)(4) of section 340.08 of
the Revised Code or division (G)(1) of section 5119.22 of the
Revised Code.
(B) The director of mental health and addiction services may
withhold funds otherwise to be allocated to a board of alcohol,
drug addiction, and mental health services under section 5119.23
of the Revised Code if the board denies available service on the
basis of race, color, religion, creed, sex, age, national origin,
disability as defined in section 4112.01 of the Revised Code, or
developmental disability.
(C) The director shall issue a notice identifying the areas
of noncompliance and the action necessary to achieve compliance.
The director may offer technical assistance to the board to
achieve compliance. The board shall have ten thirty days from
receipt of the notice of noncompliance to present its position
that it is in compliance or to submit to the director evidence of
corrective action the board took to achieve compliance. Before
withholding funds, the director or the director's designee shall
hold a hearing within ten thirty days of receipt of the board's
position or evidence to determine if there are continuing
violations and that either assistance is rejected or the board is
unable, or has failed, to achieve compliance. The director may
appoint a representative from another board of alcohol, drug
addiction, and mental health services to serve as a mentor for the
board in developing and executing a plan of corrective action to
achieve compliance. Any such representative shall be from a board
that is in compliance with Chapter 340. of the Revised Code,
sections 5119.22, 5119.24, 5119.36, and 5119.371 of the Revised
Code, and the department's rules. Subsequent to the hearing
process, if it is determined that compliance has not been
achieved, the director may allocate all or part of the withheld
funds to a public or private agency one or more community mental
health services providers or community addiction services
providers to provide the community mental health or community
addiction service for which the board is not in compliance until
the time that there is compliance. The director may shall adopt
rules in accordance with Chapter 119. of the Revised Code to
implement this section.
Sec. 5119.362. (A) In accordance with rules adopted under
section 5119.363 of the Revised Code, each community addiction
services provider shall do all of the following:
(1) Maintain, in an aggregate form, a waiting list of
individuals to whom all of the following apply:
(a) The individual has been documented as having a clinical
need for alcohol and drug addiction services due to an opioid or
co-occurring drug addiction.
(b) The individual has applied to the provider for a
clinically necessary treatment service included in the full
spectrum of care required by division (B) of section 340.09 of the
Revised Code.
(c) The individual has not begun to receive the clinically
necessary treatment service within five days of the individual's
application for the service because the provider lacks an
available slot for the individual.
(2) Notify an individual included on the provider's waiting
list when the provider has a slot available for the individual
and, if the individual does not contact the provider about the
slot within a period of time specified in the rules, contact the
individual to determine why the individual did not contact the
provider and to assess whether the individual still needs the
treatment service;
(3) Subject to divisions (B) and (C) of this section, report
all of the following information each month to the board of
alcohol, drug addiction, and mental health services that serves
the county or counties in which the provider provides alcohol and
drug addiction services:
(a) An unduplicated count of all individuals who reside in a
county that the board serves and were included on the provider's
waiting list as of the last day of the immediately preceding month
and each type of treatment service for which they were waiting;
(b) The total number of days all such individuals had been on
the provider's waiting list as of the last day of the immediately
preceding month;
(c) The last known types of residential settings in which all
such individuals resided as of the last day of the immediately
preceding month;
(d) The number of all such individuals who did not contact
the provider after receiving, during the immediately preceding
month, the notices under division (A)(2) of this section about the
provider having slots available for the individuals, and the
reasons the contacts were not made;
(e) The number of all such individuals who withdrew, in the
immediately preceding month, their applications for the treatment
services, each type of treatment service for which those
individuals had applied, and the reasons the applications were
withdrawn;
(f) All other information specified in the rules.
(B) If a community addiction services provider provides
alcohol and drug addiction services in more than one county and
those counties are served by different boards of alcohol, drug
addiction, and mental health services, the provider shall provide
separate reports under division (C)(3) of this section to each of
the boards serving the counties in which the provider provides the
services. The report provided to a board shall be specific to the
county or counties the board serves and not include information
for individuals residing in other counties.
(C) Each report that a community addiction services provider
provides to a board of alcohol, drug addiction, and mental health
services under this section shall do all of the following:
(1) Maintain the confidentiality of all individuals for whom
information is included in the report;
(2) For the purpose of the information reported under
division (A)(3)(c) of this section, identify the types of
residential settings at least as either institutional or
noninstitutional;
(3) If the report is provided to a board that serves more
than one county, present the information included in the report in
a manner that is broken down for each of the counties the board
serves.
Sec. 5119.363. The director of mental health and addiction
services shall adopt rules governing the duties of boards of
alcohol, drug addiction, and mental health services under section
340.20 of the Revised Code and the duties of community addiction
services providers under section 5119.362 of the Revised Code. The
rules shall be adopted in accordance with Chapter 119. of the
Revised Code.
Sec. 5119.364. The department of mental health and addiction
services shall make the reports it receives under section 340.20
of the Revised Code from boards of alcohol, drug addiction, and
mental health services available on the department's internet web
site. The information contained in the reports shall be presented
on the web site on both a statewide basis and county-level basis.
The information on the web site shall be updated monthly after the
boards submit new reports to the department.
Sec. 5119.365. (A) The director of mental health and
addiction services shall adopt rules in accordance with Chapter
119. of the Revised Code to do both of the following:
(1) Streamline the intake procedures used by a community
addiction services provider accepting and beginning to serve a new
patient, including procedures regarding intake forms and
questionnaires;
(2) Enable a community addiction services provider to retain
a patient as an active patient even though the patient last
received services from the provider more than thirty days before
resumption of services so that the patient and provider do not
have to repeat the intake procedures.
(B) The rules adopted under this section shall do both of the
following:
(1) Model the intake and resumption of service procedures on
such procedures used by primary care physicians;
(2) Facilitate the exchange of information about patients
between community addiction services providers and primary care
physicians.
Sec. 5122.36. If the legal residence of a person suffering
from mental illness is in another county of the state, the
necessary expense of the person's return is a proper charge
against the county of legal residence. If an adjudication and
order of hospitalization by the probate court of the county of
temporary residence are required, the regular probate court fees
and expenses incident to the order of hospitalization under this
chapter and any other expense incurred on the person's behalf
shall be charged to and paid by the county of the person's legal
residence upon the approval and certification of the probate judge
of that county. The ordering court shall send to the probate court
of the person's county of legal residence a certified transcript
of all proceedings had in the ordering court. The receiving court
shall enter and record the transcript. The certified transcript is
prima facie evidence of the residence of the person. When the
residence of the person cannot be established as represented by
the ordering court, the matter of residence shall be referred to
the department of mental health and addiction services for
investigation and determination.
Section 2. That existing sections 340.01, 340.02, 340.021,
340.03, 340.08, 340.09, 340.15, 2945.402, 3701.74, 4511.191,
4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23,
4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35,
4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 5119.21, 5119.22,
5119.23, and 5119.25 of the Revised Code are hereby repealed.
Section 3. (A) Except as provided in divisions (B) and (C)
of this section, Sections 1 and 2 of this act take effect two
years after the effective date of this act.
(B) The following take effect at the earliest time permitted
by law:
(1) The amendment by this act of sections 340.02, 340.021,
2945.402, 3701.74, 4511.191, 4758.01, 4758.02, 4758.06, 4758.16,
4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29,
4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, and
4758.71 of the Revised Code;
(2) The enactment by this act of sections 4758.48, 4758.62,
4758.63, 4758.64, 5119.365, and 5122.36 of the Revised Code.
(C) The amendment by this act to division (A) of section
5119.25 of the Revised Code takes effect two years after the
effective date of this section. The amendment by this act to
division (C) of that section takes effect at the earliest time
permitted by law.
Section 4. That Section 751.10 of Am. Sub. H.B. 59 of the
130th General Assembly be amended to read as follows:
Sec. 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM
The Department of Mental Health and Addiction Services, in
consultation with the Department of Medicaid, shall administer the
Recovery Requires a Community Program to identify individuals
residing in nursing facilities who can be successfully moved into
a community setting with the aid of community non-Medicaid
services.
The Director of Mental Health and Addiction Services and the
Medicaid Director shall agree upon an amount representing the
savings realized from decreased nursing facility utilization to be
transferred within the biennium from the Department of Medicaid to
the Department of Mental Health and Addiction Services to support
non-Medicaid program costs for individuals moving into community
settings.
Of the foregoing appropriation item 651525, Medicaid/Health
Care Services, the Medicaid Director shall transfer the amount
agreed upon representing the savings from the General Revenue Fund
to the Sale of Goods and Services Fund (Fund 1490). The transfer
shall be made using an intrastate transfer voucher. The
transferred cash is hereby appropriated to appropriation item
335609, Community Operating/Planning.
The Director of Mental Health and Addiction Services and the
Medicaid Director shall certify the agreed upon amount to the
Director of Budget and Management. Upon receipt of the
certification, the Director of Budget and Management may increase
appropriation item 335504, Community Innovations, up to the amount
of the certification and decrease appropriation item 651525,
Medicaid/Health Care Services, by an equal amount.
Section 5. That existing Section 751.10 of Am. Sub. H.B. 59
of the 130th General Assembly is hereby repealed.
Section 6. That Section 327.83 of Am. Sub. H.B. 59 of the
130th General Assembly is hereby repealed.
Section 7. (A) As used in this section, "recovery housing"
means recovery housing that a board of alcohol, drug addiction,
and mental health services, beginning two years after the
effective date of this section, is to include in the full spectrum
of care for all levels of treatment services for opioid and
co-occurring drug addiction under division (B) of section 340.09
of the Revised Code, as that section is amended by this act.
(B)(1) Except as provided in division (C) of this section, of
the appropriation item 335507, Community Behavioral Health, in Am.
Sub. H.B. 59 of the 130th General Assembly, $24,850,000 in fiscal
year 2015 shall be used as follows:
(a) To provide six step-down regional crisis stabilization
units, for a total of up to 90 beds, in accordance with a state
allocation formula the Department of Mental Health and Addiction
Services shall create;
(b) To provide state funds to the boards of alcohol, drug
addiction, and mental health services serving Cuyahoga, Franklin,
Hamilton, Lucas, Mahoning, Montgomery, Stark, and Summit counties
for either of the following:
(i) Subject to divisions (D)(1) and (3) of this section, the
capital or leasing costs associated with making up to four hundred
recovery housing beds available in those counties;
(ii) Additional step-down regional crisis stabilization units
that are funded in accordance with the state allocation formula
created under division (B)(1)(a) of this section.
(c) Subject to divisions (D)(2) and (3) of this section, to
provide state funds to the other boards of alcohol, drug
addiction, and mental health services for the capital or leasing
costs associated with making up to four hundred eighty recovery
housing beds available in those counties;
(d) Subject to division (E) of this section, to provide state
funds to boards for the first two years of operating expenses of
recovery housing;
(e) Subject to division (F) of this section, to contract for
a network of recovery housing.
(2) In providing state funds to boards under this section,
the Department shall prioritize funding for counties that have no
recovery housing on the effective date of this section.
(C) On July 1, 2014, or as soon as possible thereafter, the
Department of Medicaid shall calculate the variance between the
actual and projected enrollment of newly eligible individuals
under the Medicaid expansion in fiscal year 2014. The projected
enrollment shall be the number specified in the "Fiscal Impact of
the Affordable Care Act on Medicaid Enrollment and Program Cost"
report produced by Mercer Health and Benefits LLC for the State of
Ohio's Office of Medical Assistance on February 13, 2013. If the
actual enrollment is more than ten per cent less than the
projected enrollment, the Director of Mental Health and Addiction
Services may allocate up to $24,850,000 of the appropriation item
335507, Community Behavioral Health, in Am. Sub. H.B. 59 of the
130th General Assembly to boards of alcohol, drug addiction, and
mental health services to continue programs the boards started in
fiscal year 2014. Any of that amount not so allocated shall be
used in accordance with division (B) of this section.
(D)(1) Funding for the capital or leasing costs of recovery
housing in Cuyahoga, Franklin, Hamilton, Lucas, Mahoning,
Montgomery, Stark, and Summit counties is subject to the
following:
(a) If recovery housing exists in the county on the effective
date of this section, the Department shall pay fifty per cent and
the board serving the county shall pay the other fifty per cent of
the capital or leasing costs of additional recovery housing in the
county.
(b) If no recovery housing exists in the county on the
effective date of this section, the Department shall pay ninety
per cent and the board serving the county shall pay the remaining
ten per cent of the capital or leasing costs of recovery housing
in the county, except that if the board cannot afford to pay ten
per cent, the Department shall pay one hundred per cent of the
capital or leasing costs.
(2) In the case of all other counties, the Department shall
pay ninety per cent and the board serving the county shall pay the
remaining ten per cent of the capital or leasing costs of recovery
housing in the county, except that if the board cannot afford to
pay ten per cent, the Department shall pay one hundred per cent of
the capital or leasing costs.
(3) Each board that receives state funds under division
(B)(1)(b) or (c) of this section and uses the funds for the
capital costs of recovery housing shall, to the greatest extent
possible, give priority to developing new or additional recovery
housing through a grant process under which one or more nonprofit
entities use the grants for the capital costs of developing new or
additional recovery housing in the county or counties that the
board serves. A nonprofit entity that receives such a grant shall
do both of the following to the greatest extent possible:
(a) Develop the new or additional recovery housing by
rehabilitating existing buildings, using materials from existing
buildings that no longer need the materials, or both;
(b) In developing the new or additional recovery housing, use
one or more of the following:
(ii) Apprentices working under a bona fide apprenticeship
program that is registered with the Ohio Apprenticeship Council
created in section 4139.02 of the Revised Code or with the United
States Department of Labor;
(iii) Individuals who have successfully completed training in
the construction field that is offered by a career-technical
center, joint vocational school district, comprehensive
career-technical center, or compact career-technical center
offering adult training;
(iv) Employees hired through a hiring hall contract or
agreement.
(E) The Department shall pay ninety per cent of the operating
expenses of recovery housing for the first two years that the
recovery housing is operated in a county if the Department pays
one hundred per cent of the capital or leasing costs for the
recovery housing.
(F)(1) Through a competitive bidding process, the Department
shall enter into a three-year contract with a nongovernmental
organization under which the organization shall organize a network
of recovery housing in the state that has all of the following
features:
(a) An internet-based database of recovery housing available
in the state;
(b) A resource hub for recovery housing providers that
assists the providers' development and operation efforts and
enables providers to connect with other recovery housing providers
in this and other states for the purpose of shared learning;
(c) Quality standards for recovery housing and a peer-review
process that uses the standards to endorse individual recovery
housing sites;
(d) A system that monitors data that can be used to determine
outcomes for recovery housing.
(2) The Department shall not spend a total of more than
$500,000 on the contract entered into under division (F)(1) of
this section.
Section 8. Of the appropriation item 335507, Community
Behavioral Health, in Am. Sub. H.B. 59 of the 130th General
Assembly, $5,078,200 in fiscal year 2015 shall be used to maintain
the level of funding for the Substance Abuse Prevention and
Treatment Block Grant.
Section 9. Of the appropriation item 335507, Community
Behavioral Health, in Am. Sub. H.B. 59 of the 130th General
Assembly, $5,000,000 in fiscal year 2015 shall be used to expand
prevention-based resources statewide.
Section 10. Of the appropriation item 335507, Community
Behavioral Health, in Am. Sub. H.B. 59 of the 130th General
Assembly, $3.75 million in fiscal year 2015 shall be used to
expand the Residential State Supplement Program.
Section 11. (A) On July 1, 2014, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$8,821,800 in General Revenue Fund appropriations in fiscal year
2015 from appropriation item 335507, Community Behavioral Health,
used by the Department of Mental Health and Addiction Services, to
appropriation item 501502, Specialty Docket Staff Payroll Costs,
used by the Department of Rehabilitation and Correction.
(B) The foregoing appropriation item 501502, Specialty Docket
Staff Payroll Costs, shall be used by the Department of
Rehabilitation and Correction to defray a portion of the annual
payroll costs associated with the employment of up to two separate
and distinct full-time, or full-time equivalent, specialized
docket staff members by a court of common pleas, a municipal
court, or a county court, including a juvenile or family court
that currently has, or anticipates having, a family dependency
treatment court that meets all of the eligibility requirements
described in division (C) of this section. Specialized docket
staff members employed under this section shall be considered
employees of the court.
(1) The court must have received Supreme Court of Ohio
certification for a specialized docket that targets participants
with a drug addiction or dependency; and
(2) Specialized docket staff members must have received
training for or education in alcohol and other drug addiction,
abuse, and recovery and have demonstrated, prior to or within
ninety days of hire, competencies in fundamental alcohol and other
drug addiction, abuse, and recovery. Fundamental competencies
shall include, at a minimum, an understanding of alcohol and other
drug treatment and recovery, how to engage a person in treatment
and recovery and an understanding of other health care systems,
social service systems, and the criminal justice system.
(D) For the purposes of this section, payroll costs include
annual compensation and fringe benefits.
(E) The Department of Rehabilitation and Correction, solely
for the purpose of determining the amount of the state share
available to a court under division (G) of this section for the
employment of up to two separate and distinct full-time, full-time
equivalent, or any combination thereof, specialized docket staff
members, shall use the lesser of:
(1) The actual annual compensation and fringe benefits paid
to those staff members proportionally reflecting their time
allocated for specialized docket duties and responsibilities; or
(F) In accordance with any applicable rules, guidelines, or
procedures adopted by the Department of Rehabilitation and
Correction pursuant to this section, the county auditor shall
certify, for any court located within that county that is applying
for or receiving funding under this section, to the Department of
Rehabilitation and Correction the information necessary to
determine that court's eligibility for, and the amount of, funding
under this section.
(G) For a specialized docket staff member employed by a court
in this section, the amount of state funding available under this
section shall be sixty-five per cent of the payroll costs
specified in division (E) of this section. This state funding
shall not exceed $50,700.
(H) The Department of Rehabilitation and Correction shall
disburse this state funding in quarterly installments to the
appropriate county or municipality in which the court is located.
(I) Of the foregoing appropriation item 501502, Specialty
Docket Staff Payroll Costs, the Department of Rehabilitation and
Correction shall use up to one per cent of the appropriation in
fiscal year 2015 to pay the costs it incurs in administering the
duties and responsibilities established in this section.
(J) The Department of Rehabilitation and Correction may adopt
rules, guidelines, and procedures as necessary to carry out the
purposes of this section.
Section 12. (A) As used in this section:
"Returning offender" means an individual who is released from
confinement in a state correctional facility to live in the
community on or after the effective date of this section.
"State correctional facility" has the same meaning as in
section 2967.01 of the Revised Code.
(B) Subject to division (C) of this section, the boards of
alcohol, drug addiction, and mental health services serving
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties
shall prioritize the use of funds made available to the boards by
the Department of Mental Health and Addiction Services under Am.
Sub. H.B. 59 of the 130th General Assembly to temporarily assist
returning offenders who have severe mental illnesses, severe
substance use disorders, or both, and reside in the alcohol, drug
addiction, and mental health service districts the boards serve,
obtain Medicaid-covered community mental health services,
Medicaid-covered community drug addiction services, or both. A
board shall provide the temporary assistance to such a returning
offender regardless of whether the returning offender resided in
the district the board serves before being confined in a state
correctional facility. Such a returning offender's priority for
the temporary assistance shall end on the earlier of the
following:
(1) The date that the offender is enrolled in the Medicaid
program or, if applicable, the date that the suspension of the
offender's Medicaid eligibility ends pursuant to section 5163.45
of the Revised Code;
(2) Sixty days after the offender is released from
confinement in a state correctional facility.
(C) The assistance provided to returning offenders under this
section shall not receive priority over community addiction
services that are prioritized under section 340.15 of the Revised
Code or the program for pregnant women with drug addictions
developed under section 5119.17 of the Revised Code.
Section 13. The Director of Mental Health and Addiction
Services shall designate an employee who is certified as a
prevention specialist by the Chemical Dependency Professionals
Board to serve as coordinator for the Start Talking! Initiative
and to assist with statewide efforts to prevent substance abuse
among children.
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