(d) A subcontractor in the case of either of the following: (i) A person who is an applicant because the person is under final consideration for a direct services position with the subcontractor; (ii) A person who is an employee because the person is employed in a direct services position by the subcontractor. (iv) The director shall approve, modify, or disapprove the referee or examiner's report and recommendation not earlier than six days, and not later than fifteen days, after the date the director, in accordance with section 119.09 of the Revised Code, sends a copy of the report and recommendation to the provider or the provider's attorney or other representative of record. Share sensitive information only on official, secure websites. Waivers & Services. (H)(1) Before issuing a license, the director shall conduct a survey of the residential facility for which application is made. (2) In adopting rules that specify the content of a training course or part of a training course that trains developmental disabilities personnel in the administration of prescribed medications, the department shall ensure that the content includes all of the following: (a) Infection control and universal precautions; (b) Correct and safe practices, procedures, and techniques for administering prescribed medications; (c) Assessment of drug reaction, including known side effects, interactions, and the proper course of action if a side effect occurs; (d) The requirements for documentation of medications administered to each individual; (e) The requirements for documentation and notification of medication errors; (f) Information regarding the proper storage and care of medications; (g) Information about proper receipt of prescriptions and transcription of prescriptions into an individual's medication administration record; (h) Course completion standards that require successful demonstration of proficiency in administering prescribed medications; (i) Any other material or course completion standards that the department considers relevant to the administration of prescribed medications by developmental disabilities personnel. (A) The director of developmental disabilities may issue a summary order suspending a supported living certificate holder's authority to provide supported living to one or more identified individuals if the director determines that both of the following are the case: (1) The certificate holder's noncompliance with one or more requirements of this chapter or the rules adopted under it causes or presents an immediate danger of causing serious injury, harm, impairment, or death to the individual or individuals; (2) The certificate holder does not remove the conditions that caused or presented an immediate danger of causing serious injury, harm, impairment, or death to the individual or individuals before the order is issued. (4) Have control of all institutions maintained in part by the state for the care, treatment, and training of persons with i ntellectual disabilities; (5) Administer the laws relative to persons in such institutions in an efficient, economical, and humane manner; (6) Ascertain by actual examinations and inquiry whether institutionalizations are made according to law. (C) Except as provided in rules adopted under division (F)(3) of this section, the department of developmental disabilities shall review and determine, for each resident of a nursing facility who is mentally retarded, whether the resident, because of the resident's physical and mental condition, requires the level of services provided by a nursing facility and whether the resident requires specialized services for mental retardation. (J) The managing officer admitting a person pursuant to a judicial proceeding, within ten working days of the admission, shall make a report of the admission to the department. The director shall use the money in the fund as follows: (A) To make payments to county boards of developmental disabilities and private, nonprofit agencies pursuant to agreements entered into under section 5123.373 of the Revised Code; (B) To provide, pursuant to section 5123.374 of the Revised Code, assistance for developmental disabilities construction projects under section 5123.36 of the Revised Code. Background Investigations Rule Changes (13) On motion of the respondent or the respondent's counsel for good cause shown, or upon the court's own motion, the court may order a continuance of the hearing. Developmental disabilities personnel shall administer medications and perform health-related activities only as authorized by the certificate or certificates held. (B) Subject to division (C) of this section, the director of developmental disabilities may, at the director's discretion, provide for an official member of an official workgroup to be reimbursed for actual and necessary travel expenses the member incurs in the performance of the member's duties on the workgroup, including attending the workgroup's meetings, if all of the following apply: (1) The official member serves on the official workgroup as a representative of the families of, or advocates for, individuals with developmental disabilities; (2) The official member does not receive reimbursement for the travel expenses from any other source; (3) The official member does not receive wages or other compensation from any other source for performing the member's duties on the official workgroup; and. No person or government entity shall receive payment for providing home and community-based services unless the person or government entity is one of the following: (A) Certified under section 5123.161 of the Revised Code; (B) Licensed as a residential facility under section 5123.19 of the Revised Code. Rule 5123-2-02 | Background investigations for employment. (G) In accordance with Chapter 119. of the Revised Code, the director shall adopt and may amend and rescind rules for licensing and regulating the operation of residential facilities. (2) In the case of individuals described in divisions (A)(2), (7), and (9) of this section, all of the following apply: (f) With nursing delegation, developmental disabilities personnel may administer prescribed medications for the treatment of metabolic glycemic disorders through subcutaneous injections. (E) The person with an intellectual disability, liable relatives, and guardians of persons with intellectual disabilities admitted for respite care shall pay support charges in accordance with sections 5121.01 to 5121.21 of the Revised Code. The investigation shall be in accordance with the memorandum of understanding prepared under section 5126.058 of the Revised Code. If the trust so provides, the money or property may be used for any work which the department is authorized to undertake. Records created or received by the department in connection with an audit are not public records under section 149.43 of the Revised Code until a report of the audit is released by the department. The department shall annualize the reduction and increase for the subsequent state fiscal year as necessary. February 2nd, 2023 Pursuant to HB 263 (Ohio General Assembly 133rd), a state licensing authority is prohibited from refusing to issue a credential to an individual based solely on being charged with or convicted of a criminal offense or based on a non-specific qualification such as "moral turpitude" or lack of "moral character." The process may permit a county board to certify that the county board has funding available at one time for more than two months costs for those expenditures. The director shall also send a copy of the letter to the county board of developmental disabilities. At the time the nomination is accepted or when an appointment is made by the court, the person with a developmental disability and any person who made application for service on behalf of the person with a developmental disability under this section shall be informed by the agency, service, or court of the procedure for terminating the appointment or service. (B) Whenever any resident confined in a state institution under the jurisdiction of the department dies, escapes, or is discharged from the institution, any personal funds of the resident remain in the hands of the managing officer of the institution, and no demand is made upon the managing officer by the owner of the funds or the owner's legally appointed representative, the managing officer shall hold the funds in the personal deposit fund for a period of at least one year during which time the managing officer shall make every effort possible to locate the owner or the owner's legally appointed representative. (D) If it is determined that an applicant or licensee is not in compliance with a provision of this chapter that applies to residential facilities or the rules adopted under such a provision, the director may deny issuance of a license, refuse to renew a license, terminate a license, revoke a license, issue an order for the suspension of admissions to a facility, issue an order for the placement of a monitor at a facility, issue an order for the immediate removal of residents, or take any other action the director considers necessary consistent with the director's authority under this chapter regarding residential facilities. (A) As used in sections 5123.19 to 5123.20 of the Revised Code: (1) "Independent living arrangement" means an arrangement in which an individual with a developmental disability resides in an individualized setting chosen by the individual or the individual's guardian, which is not dedicated principally to the provision of residential services for individuals with developmental disabilities, and for which no financial support is received for rendering such service from any governmental agency by a provider of residential services. An Ohio.gov website belongs to an official government organization in the State of Ohio. Provider agencies are required to conduct background checks for applicants under final consideration for employment for a direct services position with the agency or any person employed in a direct services position by the agency. The department shall institute and encourage scientific investigation by the staffs of the various institutions under its control and supervision, and publish bulletins and reports of the scientific and clinical work done in such institutions. 1431 et seq., and regulations implementing that part in 34 C.F.R. The department may develop courses that train registered nurses to provide all of the courses developed under section 5123.43 of the Revised Code or any one or more of the courses developed under that section. (I) "Indigent person" means a person who is unable, without substantial financial hardship, to provide for the payment of an attorney and for other necessary expenses of legal representation, including expert testimony. The director of developmental disabilities shall designate a person to present the case on behalf of the state at the hearings provided for in sections 5123.75 and 5123.76 of the Revised Code. (b) The director determines that the issuance of an interim license is necessary to meet a temporary need for a residential facility. If the plan of correction is approved, a copy of the approved plan shall be provided, not later than five business days after it is approved, to any person or government entity that requests it and made available on the internet web site maintained by the department of developmental disabilities. (2) Each applicant shall do all of the following: (a) Obtain a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code; (b) Complete the form and provide the applicant's fingerprint impressions on the standard impression sheet; (c) Forward the completed form and standard impression sheet to the superintendent at the time the criminal records check is requested; (d) Instruct the superintendent to submit the completed report of the criminal records check directly to the director; (e) Pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check of the applicant requested and conducted pursuant to this section. (3) In the case of an individual who is determined under division (B) or (C) of this section to require both the level of services provided by a nursing facility and specialized services for mental retardation, the department of developmental disabilities shall provide or arrange for the provision of the specialized services needed by the individual or resident while residing in a nursing facility. To provide assistance with self-administration of prescribed medication, developmental disabilities personnel are not required to be trained or certified in accordance with section 5123.42 of the Revised Code. The commission shall provide a copy of the report to each member of the general assembly who requests a copy of the report. (H) The superintendent of the board may designate an individual to be responsible for notifying the law enforcement agency and the department when the county board receives a report under this section. The department and state agencies may adopt rules to implement the state's policy. The department of developmental disabilities, in partnership with the office of innovateohio, shall coordinate the actions taken by state agencies to comply with the state's policy.

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