OAC ch. 3701-16

Residential Care Facility

Ohio Administrative Code Chapter 3701-16 establishes licensing requirements and operating standards for Residential Care Facilities (RCFs) in Ohio, which provide accommodations, supervision, personal care services, and limited skilled nursing care to three or more unrelated individuals dependent on others due to age or physical or mental impairment. Operators must obtain a license from the Ohio Department of Health, submit detailed applications with financial and facility information, and comply with ongoing requirements including capacity limits, resident rights, and notification of changes. The chapter explicitly excludes psychiatric residential facilities, IDD facilities, alcohol/drug addiction programs, methadone treatment facilities, and hospice facilities from its scope.

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 universities.

Chapter 3701-16 
|
 Residential Care Facility

Ohio Administrative Code

/

3701 

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Rule

Rule 3701-16-01 
|
 Definitions.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

As used in rules 
3701-16-01
 to 
3701-16-18
 of the
 Administrative Code:
(A) "Accommodations" means
 housing, meals, laundry, housekeeping, transportation, social or recreational
 activities, maintenance, security, or similar services that are not personal
 care services or skilled nursing care.
(B) "Activities of daily
 living" means walking and moving, bathing, grooming, toileting, oral
 hygiene, hair care, dressing, eating, and nail care.
(C) "Administrator" means the
 person responsible for the daily operation of the residential care facility.
 The administrator and the operator may be the same person.
(D) "Advanced Practice Nurse"
 means a registered nurse authorized to practice as a certified nurse
 specialist, certified registered nurse anesthetist, certified nurse midwife or
 certified nurse practitioner in accordance with section 
4723.41
 of the Revised
 Code.
(E) "Bedroom" means a room used by a resident or
 residents for sleeping purposes that is either a resident unit or a portion of
 a resident unit.
(F) "Complex therapeutic diets" has the same
 meaning as "therapeutic diet" as that term is defined in paragraph
 (QQ) of this rule
(G) "County home" and "district home"
 mean an entity operated under Chapter 5155. of the Revised Code.
(H) "Department" means the department of
 health.
(I) "Developmental delay" means that a child has
 not reached developmental milestones expected for their chronological age as
 measured by qualified professionals using appropriate diagnostic instruments
 and/or procedures.
(1) Delay will be
 demonstrated in one or more of the following developmental areas: adaptive
 behavior, physical developmental or maturation (fine and gross motor skills;
 growth) cognition; social or emotional development; and sensory development;
 or
(2) An established risk
 involving early aberrant development related to diagnosed medical disorders,
 such as infants and toddlers who are on a ventilator, are adversely affected by
 drug exposure, or have a diagnosed medical disorder or physical or mental
 condition known to result in developmental delay such as Down
 syndrome.
(J) "Developmental diagnosis" means a severe,
 chronic disability that is characterized by the following:
(1) It is attributable to
 a mental or physical impairment or a combination of mental and physical
 impairments, other than a mental impairment solely caused by mental illness as
 that term is defined in division (A) of section 
5122.01
 of the Revised
 Code.
(2) It is manifested
 before age twenty-two.
(3) It is likely to
 continue indefinitely.
(4) It results in one of
 the following:
(a) In the case of a person under three years of age, at least
 one developmental delay or an established risk;
(b) In the case of a person at least three years of age but under
 six years of age, at least two developmental delays or an established
 risk.
(c) In the case of a person six years of age or older, a
 substantial functional limitation in at least three of the following areas of
 major life activity, as appropriate for the person's age; self-care,
 receptive and expressive language, learning, mobility, self-direction, capacity
 for independent living, and if the person is at least sixteen years of age,
 capacity for economic self-sufficiency.
(5) It causes the person
 to need a combination and sequence of special, interdisciplinary, or other type
 of care, treatment, or provision of services for an extended period of time
 that is individually planned and coordinated for the person.
(K) "Director" means the director of health or
 any office, bureau, agency, official or employee of the department to which the
 director has delegated their authority or duties.
(L) "Dietitian" means an individual licensed
 under Chapter 4759. of the Revised Code to practice dietetics.
(M) "Full-time" means an
 individual works thirty hours or more per week.
(N) "Home":
(1) "Means both of
 the following:
(a) Any institution, residence, or facility that provides, for a
 period of more than twenty-four hours, whether for a consideration or not,
 accommodations to three or more unrelated individuals who are dependent upon
 the services of others, including a nursing home, residential care facility,
 and the Ohio veterans' home;
(b) A county home or district home that is or has been licensed
 as a residential care facility.
(2) "Also means any
 facility that a person, as defined in section 
3702.51
 of the Revised Code,
 proposes for certification as a skilled nursing facility or nursing facility
 under Title XVIII or XIX of the "Social Security Act," 49 Stat. 620
 (1935), 42 U.S.C. 301, as amended , and for which a certificate of need, other
 than a certificate to recategorize hospital beds as described in section
 
3702.521
 of the Revised Code or under division (R)(7)(d) of the version of
 section 
3702.51
 of the Revised Code in effect immediately prior to April 20,
 1995, has been granted to the person under sections 
3702.51
 to 
3702.594
 of the
 Revised Code after August 5, 1989.
(3) "Does not mean
 any of the following:
(a) Except as provided in division (A)(1)(b) of section 
3721.01

 of the Revised Code, a public hospital or hospital as defined in section
 
3701.01
 or 
5122.01
 of the Revised Code;
(b) A residential facility for mentally ill persons as defined
 under section 
5119.34
 of the Revised Code;
(c) A residential facility as defined in section 
5123.19
 of the
 Revised Code;
(d) An alcohol or drug addiction program as defined in section
 
5119.01
 of the Revised Code;
(e) A facility licensed to provide methadone treatment under
 section 
5119.391
 of the Revised Code;
(f) A facility providing services under contract with the
 department of mental retardation and developmental disabilities under section
 
5123.18
 of the Revised Code;
(g) A facility operated by a hospice care program licensed under
 section 
3712.04
 of the Revised Code that is used exclusively for care of
 hospice patients;
(h) A facility operated by a pediatric respite care program
 licensed under section 
3712.041
 of the Revised Code that is used exclusively
 for care of pediatric respite care patients;
(i) A facility, infirmary, or other entity that is operated by a
 religious order, provides care exclusively to members of religious orders who
 take vows of celibacy and live by virtue of their vows within the orders as if
 related, and does not participate in the medicare program established under
 Title XVIII of the "Social Security Act" or the medical assistance
 program established under Chapter 5111. of the Revised Code and Title XIX of
 the "Social Security Act," if on January 1, 1994, the facility,
 infirmary, or entity was providing care exclusively to members of the religious
 order; 
(j) A county home or district home that has never been licensed
 as a residential care facility; or
(k) A facility registered to provide a pediatric transition
 care program under section 
3712.042
 of the Revised Code that is used
 exclusively for pediatric transition care patients.
(O) "Home health agency" means an entity licensed
 under section 
3740.04
 of the Revised Code.
(P) "Licensed practical nurse" means a person
 licensed under Chapter 4723. of the Revised Code to practice nursing as a
 licensed practical nurse.
(Q) "Lot" means a plot or parcel of land
 considered as a unit, devoted to a certain use, or occupied by a building or
 group of buildings that are united by a common interest and use, and the
 customary accessories and open spaces belonging to the same.
(R) "Maximum licensed capacity" means the
 authorized type and number of residents in a home as determined in paragraph
 (S) of rule 
3701-16-03
 of the Administrative Code.
(S) "Mechanically altered food" means that the
 texture of food is altered altered by chopping, grinding, mashing, or pureeing
 so that it can be successfully chewed and safely swallowed.
(T) "Mental impairment" means a condition in
 which a part of a person's brain has been damaged or is not working
 properly. Mental impairment does not mean mental illness as that term is
 defined in section 
5122.01
 of the Revised Code or intellectual disability as
 that term is defined in section 
5123.01
 of the Revised Code.
(U) "Nonambulatory" means not able to walk or not
 physically able to leave the premises without assistance from another
 individual.
(V) "Nurse" means a registered nurse or licensed
 practical nurse.
(W) "Nursing home" means a home used for the
 reception and care of individuals who by reason of illness or physical or
 mental impairment is in need of skilled nursing care and of individuals who are
 in need of personal care services but not skilled nursing care. A nursing home
 is licensed to provide personal care services and skilled nursing
 care.
(X) "Ohio building code" means the building
 standards, as adopted by the board of building standards pursuant to section
 
3781.10
 of the Revised Code.
(Y) "On call" means the person can be contacted
 at all times and is immediately available to go on duty in the home upon short
 notice.
(Z) "On duty" means being in the home, awake, and
 immediately available.
(AA) "Operator" means the person, firm,
 partnership, association, or corporation which is obligated by section 
3721.05

 of the Revised Code to obtain a license in order to open, maintain or operate a
 home and the superintendent or administrator of a county home or district home
 licensed or seeking to be licensed as a residential care facility.
(BB) "Personal care services" means services
 including, but not limited to, the following:
(1) Assisting residents
 with activities of daily living:
(2) Assisting residents
 with self-administration of medication, in accordance with rule 
3701-16-09
 of
 the Administrative Code;
(3) Preparing food for
 special diets, other than therapeutic diets, for residents pursuant to the
 instructions of a physician, a licensed health care professional acting within
 their applicable scope of practice, or a licensed dietitian, in accordance with
 rule 
3701-16-10
 of the Administrative Code.
"Personal care services" does not
 include "skilled nursing care." A facility need not provide more than
 one of the services listed in this paragraph to be considered to be providing
 personal care services.
(CC) "Physician" means an individual licensed
 under Chapter 4731. of the Revised Code to practice medicine and surgery or
 osteopathic medicine and surgery.
(DD) "Registered nurse" means an individual
 licensed to practice nursing as a registered nurse under Chapter 4723. of the
 Revised Code.
(EE) "Resident" means an unrelated individual to
 whom a residential care facility provides accommodations.
(FF) "Resident call system" means a set of devices
 that are connected electrically, electronically, by radio frequency
 transmission, or in a like manner, are resident activated, and effectively can
 alert the staff member or members on duty of emergencies or resident
 needs.
(GG) "Resident unit" means the private room or
 rooms occupied by a resident or residents.
(HH) "Residents' rights" means the rights
 enumerated in sections 
3721.10
 to 
3721.17
 of the Revised Code.
(II) "Residential care facility" means a home that
 provides either of the following:
(1) Accommodations for
 seventeen or more unrelated individuals and supervision and personal care
 services for three or more of those individuals who are dependent on the
 services of others by reason of age or physical or mental
 impairment;
(2) Accommodations for
 three or more unrelated individuals, supervision and personal care services for
 at least three of those individuals who are dependent on the services of others
 by reason of age or physical or mental impairment, and to at least one of those
 individuals, any of the skilled nursing care authorized by section 
3721.011
 of
 the Revised Code.
(JJ) "Serious mental illness" means an illness
 classified in the "Diagnostic and Statistical Manual of Mental Disorders,
 Fifth Edition (DSM-V)," that meets at least two of the three following
 criteria of diagnosis, duration and disability:
(1) Diagnosis: The
 current primary diagnosis is:
(a) Dissociative disorders (DSM-V F44.81);
(b) Feeding and eating disorders (DSM-V F50.01, F50.02,
 F50.2, F50.8, F 50.9);
(c) Depressive disorders (DSM-V F32.8, F32.9, F34.8, F33,
 F33.1, F33.2, F33.3, F 34, F34.1,);
(d) Major neurocognitive disorders (DSM-V F01.50, F01.51, ,
 F02.8x, F06.8);
(e) Disruptive, impulsive-control, and conduct disorders
 (DSM-V F21, F60, F60.1, F60.2, F60.3, , F60.5, F60.6, F60.7 F60.81,
 F60.9);
(f) Schizophrenia spectrum and other psychotic disorders
 (DSM-V F20.81, F20.9, F22 , F23, F25x, F25.0, F25.1, F28, F29);
(g) Somatoform disorder (DSM-V F45.1);
(h) Other disorders (DSM-V F94.40, F91.3, F93.8);
 or
(i) Other specified.
(2) Duration: the length
 of the problem can be assessed by either inpatient or outpatient use of service
 history, reported length of time of impairment, or some combination, including
 at least two prior hospitalizations of more than twenty-one days or any number
 of hospitalizations (more than one) totaling at least forty-two days prior to
 the assessment, or ninety to three hundred sixty-five days in a hospital or
 nursing home within three prior years, or major functional impairment lasting
 more than two years, resulting in utilization of outpatient mental health
 services on an intermittent basis, a continuous basis, or both.
(3) Disability/functional
 impairment: severity of disability can be established by disruption in two or
 more life activities, including but not limited to:
(a) Employment;
(b) Contributing substantially to one's own financial
 support (not to be entitlements);
(c) Independent residence;
(d) Self-care;
(e) Perception and cognition;
(f) Stress management or coping skills; or
(g) Interpersonal and social relations.
(KK) "Skilled nursing care" means procedures that
 necessitate technical skills and knowledge beyond those the untrained person
 possesses and that are commonly employed in providing for the physical, mental,
 and emotional needs of the ill or otherwise incapacitated. "Skilled
 nursing care" includes, but is not limited to, the following:
(1) Irrigations,
 catheterizations, application of dressings, and supervision of special
 diets;
(2) Objective observation
 of changes in the resident's condition as a means of analyzing and
 determining the nursing care necessary and the need for further medical
 diagnosis and treatment;
(3) Special procedures
 contributing to rehabilitation;
(4) Administration of
 medication by any method ordered by a physician or other licensed health care
 professional acting within their applicable scope of practice, such as
 hypodermically, rectally, or orally, including observation of the resident
 after receipt of the medication; or
(5) Carrying out other
 treatments prescribed by the physician or other licensed health care
 professional acting within their applicable scope of practice, that involve a
 similar level of complexity and skill in administration.
(LL) "Special care unit" means a residential care
 facility, or part thereof, that is dedicated to providing care to residents
 with diagnoses, that include, but are not limited to, late-stage cognitive
 impairment with significant ongoing daily living assistance needs, cognitive
 impairments with increased emotional needs or presenting behaviors that cause
 problems for the resident or other residents, or both; or, serious mental
 illness.
(MM) "Special diets" means a therapeutic diet
 limited to:
(1) Nutrient adjusted
 diets, including high protein, no added salt, and no concentrated
 sweets
(2) Volume adjusted
 diets, including small, medium and large portions;
(3) The use of finger
 foods or bite-sized pieces for a resident's physical needs;
 or
(4) Mechanically altered
 food.
(NN) "Staff member" or "staff" means an
 individual working in a residential care facility including the owner; the
 administrator; a full-time, part-time or temporary paid employee; or an
 individual working on contract for the facility.
(OO) "Supervision" means:
(1) Watching over a
 resident, when necessary, while the resident engages in activities of daily
 living or other activities to ensure the resident's health, safety, and
 welfare;
(2) Reminding a resident
 to do or complete such an activity, as by reminding them to engage in personal
 hygiene or other self-care activity; or
(3) Helping a resident to
 schedule or keep an appointment, or both, including the arranging for
 transportation.
"Supervision" does not include
 reminding a resident to take medication and watching the resident to ensure
 that the resident follows the directions on the container, or supervision of
 therapeutic diets as described in paragraph (J) of rule 
3701-16-10
 of the
 Administrative Code.
(PP) "Supervision of therapeutic diets" means
 services, including, but not limited to, the following:
(1) Monitoring a
 resident's access to appropriate foods as obligated by a therapeutic
 diet;
(2) Monitoring a
 resident's weight and acceptance of a therapeutic diet;
(3) Providing assistance
 to residents on therapeutic diets as needed or requested: and
(4) Providing or
 preparing therapeutic diets.
(QQ) "Therapeutic diet" means a diet ordered by a
 health care practitioner:
(1) As part of the
 treatment for a disease or clinical condition;
(2) To eliminate,
 decrease, or increase certain substances in the diet; or
(3) To provide
 mechanically altered food when indicated.
(RR) "Unrelated individual" means one who is not
 related to the owner or operator of the residential care facility or to their
 spouse as a parent, grandparent, child, grandchild, brother, sister, niece,
 nephew, aunt, uncle, or as the child of an aunt or uncle.

Last updated July 12, 2024 at 9:29 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
, 
3721.011

Five Year Review Date:

7/2/2029

Prior Effective Dates:

3/1/2018

Rule 3701-16-02 
|
 General provisions and prohibitions.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Nothing contained in rules 
3701-16-01

 to 3701-16-18 of the Administrative Code should be construed as authorizing the
 supervision, regulation, or control of the spiritual care or treatment of
 residents who rely upon treatment by prayer or spiritual means in accordance
 with the creed or tenets of any recognized church or religious
 denomination.
(B) For the purposes of rules 
3701-16-01

 to 3701-16-18 of the Administrative Code:
(1) Any residence,
 institution, hotel, assisted living facility, congregate housing project, or
 similar facility that meets the definition of a residential care facility or a
 home for the aging under section 
3721.01
 of the Revised Code is such a home
 regardless of how the facility holds itself out to the public;
(2) Any residence,
 institution, hotel, assisted living facility, congregate housing project, or
 similar facility that provides personal care services to fewer than three
 residents or that provides for any number of residents, only housing,
 housekeeping, laundry, meals, social or recreational activities, maintenance,
 security, transportation, and similar services that are not personal care
 services or skilled nursing care does not need to be licensed under Chapter
 3721. of the Revised Code or rules 
3701-16-01
 to 
3701-16-18
 of the
 Administrative Code; and
(3) Personal care
 services or skilled nursing care will be considered to be provided by a
 residential care facility if they are provided by a person employed by or
 associated with the facility or by another person pursuant to an agreement to
 which neither the resident who receives the services nor their sponsor is a
 party.
(C) Nothing in paragraph (BB) of rule
 
3701-16-01
 of the Administrative Code should be be construed to permit personal
 care services to be imposed upon a resident who is capable of performing the
 activity in question without assistance. Nothing in paragraph (KK) of rule
 
3701-16-01
 of the Administrative Code should be be construed to permit skilled
 nursing care to be imposed upon an individual who does not need skilled nursing
 care.
(D) In addition to providing
 accommodations, supervision, and personal care services to its residents, a
 residential care facility is licensed to provide skilled nursing care to its
 residents as follows:
(1) Supervision of
 therapeutic diets;
(2) Application of
 dressings pursuant to division (A)(2) of section 
3721.011
 of the Revised Code
 and paragraph (J) of rule 
3701-16-09
 of the Administrative Code;
(3) Subject to division (B)(1) of section
 
3721.011
 of the Revised Code, administration of medication;
(4) Subject to division
 (C) of section 
3721.011
 of the Revised Code, other skilled nursing care
 provided on a part-time, intermittent basis for not more than a total of one
 hundred twenty days in any twelve-month period; and
(5) Subject to division
 (D) of section 
3721.011
 of the Revised Code, skilled nursing care provided for
 more than one hundred twenty days in any twelve-month period to a resident
 whose physician has determined the skilled nursing care needed is routine, or
 to a hospice patient as defined in section 
3712.01
 of the Revised
 Code.
(E) A residential care facility is not
 allowed to admit or retain individuals requiring skilled nursing care or
 provide skilled nursing care beyond the limits established under section
 
3721.011
 of the Revised Code and rules 
3701-16-07
 and 
3701-16-09.1
 of the
 Administrative Code.
(F) Each residential care facility is
 obligated to provide services as outlined in the resident agreement in
 accordance with acceptable practices and the facility's policies and
 procedures.
(G) Each residential care facility is obligated to comply with
 all the residents' rights provisions under Chapter 3721. of the Revised
 Code.
(H) A residential care facility is forbidden from using the word
 "hospital" in its name, letterhead or advertising.
(I) A residential care facility is forbidden from admitting
 residents in excess of the maximum licensed bed capacity.
(J) Notwithstanding section 
3721.011
 of the Revised Code, a
 residential care facility in which residents receive skilled nursing care as
 described in section 
3721.011
 of the Revised Code is not a nursing
 home.
(K) An applicant for a license to operate a residential care
 facility will not accept more than two residents who need personal care
 services, medication administration, supervision of therapeutic diets,
 application of dressings or skilled nursing care before receiving a
 license.
(L) In addition to the provisions listed in this rule, no person,
 firm, partnership, association, or corporation is obligated to:
(1) Operate a residential
 care facility as defined in section 
3721.01
 of the Revised Code and paragraph
 (II) of rule 
3701-16-01
 of the Administrative Code without obtaining a license
 from the director;
(2) Violate any of the
 conditions or qualifications necessary for licensing after the license has been
 issued;
(3) Operate a residential
 care facility after the license for such has been revoked by the
 director;
(4) Interfere with the
 inspection of a licensed residential care facility by any state or local
 official when they are performing duties obligated by Chapter 3721. of the
 Revised Code. All licensed residential care facilities are obligated to be open
 for inspection; or
(5) Violate any
 applicable provision of Chapter 3721. of the Revised Code or rules 
3701-16-01

 to 3701-16-18 of the Administrative Code.
(M) No county home or district home licensed under section
 
3721.07
 of the Revised Code will do any of the following:
(1) Violate any of the
 conditions or qualifications necessary for licensing after the licensed has
 been issued;
(2) Continue operation
 after its license has been revoked by the director of health;
(3) Fail to be open for
 an inspection, or interfere with an inspection, by a state or local official
 performing inspection duties under Chapter 3721. of the Revised Code;
 or
(4) Violate any of the
 provisions of this chapter or any rules adopted thereunder.
(N) Nothing contained in rules 
3701-16-01
 to 
3701-16-18
 of the
 Administrative Code should be be construed to permit any individual to engage
 in the practice of nursing as a registered nurse or the practice of nursing as
 a licensed practical nurse if the individual does not hold a valid license
 issued under Chapter 4723. of the Revised Code.

Last updated July 12, 2024 at 9:29 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
, 
3721.011
, 
3721.012
, 
3721.04
, 
3721.05
, 
3721.06

Five Year Review Date:

7/2/2029

Prior Effective Dates:

9/29/1996, 6/21/1997, 12/1/2001, 1/1/2013

Rule 3701-16-03 
|
 Initial, renewal, and change of operator license applications; fees; issuance; revocation; notice.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Not less than sixty days before the
 proposed opening of a residential care facility, the operator of a residential
 care facility will submit, on a form prescribed by the director, a completed
 initial application, and pay the non-refundable application fee specified in
 division (E) of section 
3721.02
 of the Revised Code, with the fee made payable
 to the "treasurer, state of Ohio" in the form of a check or money
 order to be deposited in the state treasury to the credit of the general
 operations fund created by division (A) of section 
3701.83
 of the Revised Code.
 A completed application includes:
(1) A statement by the
 applicant of the status of the proposed residential care facility under any
 applicable zoning ordinances or rules, or a statement by the applicant that
 there is no zoning authority where the proposed home is to be
 located;
(2) A statement of
 financial solvency at the time of initial application, signed by a certified
 public accountant, on a form provided by the director, showing that the
 applicant has the financial ability to staff, equip, and operate the
 residential care facility in accordance with Chapter 3721. of the Revised Code,
 and rules 
3701-16-01
 to 
3701-16-18
 of the Administrative Code, and that the
 applicant has sufficient capital or financial reserve to cover not less than
 three months of operation;
(3) A statement
 containing the following information:
(a) If the operator is an individual and owner of the
 business, the individual's name, address, electronic mail address, and
 telephone number. If the operator of the business is owned by an association,
 corporation, or partnership, the business activity, address, and telephone
 number of the entity and the name of every person who has an ownership interest
 of five per cent or more in the entity;
(b) If the operator does not own the building or buildings
 or if the operator owns only part of the building or buildings in which the
 residential care facility is housed, the name of each person who has an
 ownership interest of five per cent or more in the buildings;
(c) The name and address of any residential care facility
 and any facility described in divisions (A)(1)(a) and (A)(1)(c) of section
 
3721.01
 of the Revised Code in which the operator or administrator, or both,
 have an ownership interest of five per cent or more or with which the operator
 or administrator have been affiliated with through ownership or employment in
 the five years prior to the date of the application;
(d) The name, business address, electronic mail address,
 and telephone number of the administrator of the residential care facility, if
 different from the operator;
(e) The name, business address, electronic mail address,
 and telephone number of any management firm or business employed to manage the
 residential care facility; and
(f) The name, business address, and telephone number of the
 statutory agent of the operator.
(4) Copies of
 the:
(a) Floor plan for the building or area of a building to
 be licensed as a residential care facility, including beds;
(b) Certificate of occupancy obligated by paragraph (A) of
 rule 
3701-16-13
 of the Administrative Code, showing a use group of R-4, I-1, or
 I-2;
(c) Inspection report of the state fire marshal or a
 township, municipal, or other legally constituted fire department approved by
 the state fire marshal obligated by paragraph (A) of rule 
3701-16-13
 of the
 Administrative Code; and
(d) Heating inspection report obligated by paragraph (A) of
 rule 
3701-16-15
 of the Administrative Code.
(B) The operator of a residential care
 facility will submit, on a form prescribed by the director, a completed renewal
 application, and pay the non-refundable application fee specified in division
 (E) of section 
3721.02
 of the Revised Code, with the fee made payable to the
 "treasurer, state of Ohio" to be deposited in the state treasury to
 the credit of the general operations fund created by division (A) of section
 
3701.83
 of the Revised Code. A completed renewal application
 includes:
(1) Include an update of
 the information obligated by paragraphs (A)(2), (A)(3), and (A)(4)(c) of this
 rule; and
(2) Provide information
 the director may require to assess whether the operator has violated section
 
3721.07
 of the Revised Code.
(C) Except as provided in paragraph (E)
 of this rule, the operator or administrator will notify the director in writing
 or electronically of any changes in the information contained in paragraph (A)
 or (B) of this rule no later than ten days after the change
 occurs.
(D) The operator or administrator will
 notify the residents and their sponsors or legal representatives and the
 regional long-term care ombudsman program, designated under section 
173.16
 of
 the Revised Code, serving the area where the home is located, in writing or
 electronically of any changes in the information contained in paragraph
 (A)(3)(a), (A)(3)(b), (A)(3)(d), or (A)(3)(e) of this rule no later than ten
 days after the change occurs.
(E) Subject to sections 
3721.026
, 
3721.03
, 
3721.05
, and
 
3701.07
 of the Revised Code, at least sixty days before the proposed assignment
 or transfer of the license, the operator of a residential care facility may,
 with the approval of the director, assign or transfer the license to operate
 the home after submitting, on a form prescribed by the director, a completed
 change of operator application and paying the non-refundable application fee
 specified in section 
3721.02
 of the Revised Code. The department will deposit
 the fee in the state treasury to the credit of the general operations fund
 created by section 
3701.83
 of the Revised Code. A completed change of operator
 application includes:
(1) A statement
 containing the following information:
(a) If the operator is an individual and owner of the
 business, the individual's name, address, and telephone number. If the
 operator of the business is owned by an association, corporation, or
 partnership, the business activity, address, electronic mail address, and
 telephone number of the entity and the name of every person who has an
 ownership interest of five per cent or more in the entity;
(b) If the operator does not own the building or buildings
 or if the operator owns only part of the building or buildings in which the
 residential care facility is housed, the name of each person who has an
 ownership interest of five per cent or more in the buildings;
(c) The name and address of any residential care facility
 and any facility described in divisions (A)(1)(a) and (A)(1)(c) of section
 
3721.01
 of the Revised Code in which the operator or administrator, or both,
 have an ownership interest of five per cent or more or with which the operator
 or administrator have been affiliated with through ownership or employment in
 the five years prior to the date of the application;
(d) The name, business address, electronic mail address,
 and telephone number of the administrator of the residential care facility, if
 different from the operator;
(e) The name, business address, electronic mail address,
 and telephone number of any management firm or business employed to manage the
 residential care facility; and
(f) The name, business address, and telephone number of the
 statutory agent of the operator.
(2) Copies of the
 inspection report from the state fire marshal or a township, municipal, or
 other legally constituted fire department approved by the marshal, performed
 within the previous fifteen months, showing zero uncorrected
 deficiencies.
A change of the majority ownership of a
 licensed operator is a change of operator for purposes of this
 paragraph.
(F) If the residential care facility alters its physical
 facilities in a manner that affects bed capacity or proposes to relocate
 existing beds to a unlicensed portion of the facility, the facility will
 provide the director with written notice at least sixty days prior to the date
 the facility wants to commence filling the new beds or relocating existing
 beds. The residential care facility will not use the altered or unlicensed area
 until the department notifies the facility, in writing, that the alteration or
 move complies with the applicable provisions of Chapter 3721. of the Revised
 Code and rules 
3701-16-01
 to 
3701-16-18
 of the Administrative Code. The written
 notice from the facility will include:
(1) A floor plan of the
 area, including beds;
(2) The results of the
 inspection by the state fire marshal or a township, municipal, or other legally
 constituted fire department approved by the state fire marshal for the area;
 and
(3) A certificate of
 occupancy for the area.
(G) The following persons will notify the director within
 ten days of commencement of a suit against them, meaning a party suing has
 filed a written complaint or petition with the clerk of the court, which could
 result in the residential care facility being placed in a
 receivership:
(1) Operator;
(2) Owner of the operator
 or any person who has an ownership interest of five per cent or more in the
 entity;
(3) Owner of the
 building(s) in which the residential care facility is housed or any person who
 has an ownership interest of five per cent or more in the entity;
 and
(4) Management firm or
 business employed to manage the residential care facility.
(H) The director may request additional information at any
 time which the director determines to be necessary to assess compliance with
 the applicable criteria, standards, and requirements established by Chapter
 3721. of the Revised Code and rules 
3701-16-01
 to 
3701-16-18
 of the
 Administrative Code. The applicant will truthfully respond and submit any
 additional information requested by the director within sixty days of the
 director's request unless the director specifies otherwise.
(I) If the license to operate a home is assigned or
 transferred to a different person in accordance with paragraph (C) of this
 rule, the new operator is responsible and liable for compliance with any notice
 of proposed action or order issued under section 
3721.08
 of the Revised Code
 prior to the effective date of the assignment or transfer. 
(J) An operator who operates one or more residential care
 facilities in more than one building will obtain a separate license for each
 building except if such buildings are on the same lot and constitute a single
 residential care facility, such residential care facility may be operated under
 a single license. However, no residential care facility will be licensed in the
 same building as another residential care facility. On or after April 1, 2007,
 an operator who operates one or more residential care facilities in more than
 one building, where the buildings are intersected by a public roadway, will not
 be granted a license to operate the buildings as a single residential care
 facility, unless before April 1, 2007 the buildings were so
 licensed.
(K) The license will be posted in a conspicuous place in
 the residential care facility. 
(L) If, under division (B)(5) of section 
3721.03
 of the
 Revised Code, the license of a person has been revoked, the director of health
 will not issue a license to the person or home at any time. A person whose
 license is revoked for any reason other than nonpayment of the license renewal
 fee or late fees is not allowed apply for a new license under Chapter 3721. of
 the Revised Code until a period of one year following the date of revocation
 has elapsed.
(M) When closing a home, the operator will provide the
 director written notification of closure at least ninety days or as soon as
 practicable after determination is made, but no less than sixty days prior to
 the proposed closing date and within twenty-four hours of an unplanned closure.
 This notice will include:
(1) An address where the
 operator may be reached after the closing of the home;
(2) A plan for the
 transfer and adequate relocation of all residents; and
(3) Assurances that the
 residents will be transferred to the most integrated and appropriate facility
 or other setting in terms of quality, services, and location, taking into
 consideration the needs, choice, and best interests of each resident.
 
(N) While providing a written notification of closure under
 paragraph (O) of this rule, the operator will, in accordance with Chapter
 3701-61 of the Administrative Code, also provide written notice of the proposed
 date of closing of the home to its residents and their sponsors or legal
 representatives and the regional long-term care ombudsmen program, designated
 under section 
173.16
 of the Revised Code, serving the area where the home is
 located.
(O) A license for a home that has closed are considered
 surrendered to the department the three hundred sixty sixth day after the home
 has closed.
(P) The residential care facility will
 include in all official correspondence with the department pertaining to the
 home, its name, address and license number as it appears on the residential
 care facility license.
(Q) The director will determine the type and number of
 residents a residential care facility can accommodate which will be the
 authorized maximum licensed capacity of the facility. Such determination will
 be made on the basis of the physical facilities, personnel of the facility and
 the services and care needed by the residents to be admitted or retained in the
 residential care facility, and the permitted occupancy approved by the
 department of commerce. No operator, administrator, staff member or any other
 person will set up beds for resident use in a residential care facility which
 exceed the authorized maximum licensed capacity.

Last updated July 12, 2024 at 10:31 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
, 
3721.011
, 
3721.03
, 
3721.05
, 
3721.06
, 
3721.07

Five Year Review Date:

7/2/2029

Prior Effective Dates:

9/29/1996

Rule 3701-16-03.1 
|
 Expedited initial licensure inspections.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) An applicant for licensure as a
 residential care facility may request an expedited initial licensure inspection
 by providing the department of health with all of the following:
(1) A complete initial
 residential care facility application and fee obligated by paragraph (A) of
 rule 
3701-16-03
 of the Administrative Code;
(a) An application will be deemed complete when the department
 verifies all information contained therein is complete and accurate and meets
 the criteria of paragraph (B) of rule 
3701-16-03
 of the Administrative
 Code;
(b) An applicant may elect an expedited initial licensure
 inspection on the initial residential care facility application and, if
 electing such an inspection, provide a fee in addition to that obligated by
 paragraph (A) of rule 
3701-16-03
 of the Administrative Code, in the amount of
 two thousand two hundred fifty dollars;
(c) A fee collected by the department will be deposited in the
 state treasury to the credit of the general operations fund created by section
 
3701.83
 of the Revised Code, and the fee shall not be refunded;
 and
(2) Notice of readiness
 for inspection.
(B) Upon receipt of a completed request
 for expedited initial inspection made pursuant to paragraph (A) of this rule,
 the department will commence an inspection of the residential care facility not
 later than ten business days. Inspections under this rule will be scheduled in
 the order in which the request for expedited initial licensure inspection is
 determined to be complete.
(C) If the residential care facility does
 not meet the standards for licensure upon the initial licensure inspection
 requested under paragraph (B) of this rule, the department of health may deny
 the license.
(D) This rule applies only to applicants
 for licensure as a new residential care facility and does not apply to an
 existing licensed residential care facility.

Last updated July 12, 2024 at 9:32 AM

Supplemental Information

Authorized By:

3721.02

Amplifies:

3721.02
, 
3721.04

Five Year Review Date:

7/2/2029

Rule 3701-16-04 
|
 Inspections and investigations; correction.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) The director is obligated to inspect
 each residential care facility at least once prior to the issuance of a
 license, at least once every fifteen months and as the director considers
 necessary. The inspections may be announced or unannounced except that one
 unannounced inspection is obligated to be conducted at least every fifteen
 months. The state fire marshal or a township, municipal, or other legally
 constituted fire department approved by the fire marshal is also obligated to
 inspect a residential care facility prior to issuance of a license, at least
 once every fifteen months thereafter, and at any other time requested by the
 director. A residential care facility does not have to be inspected prior to
 issuance of a license by the director, state fire marshal, or a fire department
 if ownership of the facility is assigned or transferred to a different person
 and the facility was licensed under Chapter 3721. of the Revised Code as a
 residential care facility immediately prior to the assignment or
 transfer.
(B) The director may investigate any
 complaint concerning a facility in accordance with sections 
3721.031
 and
 
3721.17
 of the Revised Code.
(C) An operator, administrator, staff
 member or any other person is forbidden from :
(1) Refusing to permit
 the director for the purpose of inspecting or investigating the operation of a
 residential care facility, to enter and inspect at any time a building or
 premise where a residential care facility is located, or to enter and inspect
 records, including resident medical records, which are kept concerning the
 operation of the residential care facility for information pertinent to the
 legitimate interest of the department.
(2) Using profane or
 abusive language directed at or in the presence of residents or the
 director.
(D) When inspecting or investigating a
 residential care facility, the director will respect the residents'
 privacy and dignity, cooperate with the residents, behave in a congenial manner
 toward the residents, protect the residents' rights, and behave in a
 cooperative and professional manner toward individuals working in the facility.
 The director or the director's designee will:
(1) Refrain from using
 language or behavior that is derogatory, insulting, intimidating, or
 threatening;
(2) Not harass or coerce
 residents or otherwise attempt to influence residents' responses to
 inquiries;
(3) Not make remarks or
 comparison, positive or negative, about another residential care facility or
 other residents;
(4) Not solicit, accept,
 or agree to accept from the residential care facility or a resident of the
 facility compensation, gratuities, gifts, or any other thing of value that is
 of such character as to manifest a substantial and improper influence upon the
 director or the director's designee with respect to their
 duties;
(5) Obtain the
 resident's consent prior to conducting an evaluation of a resident unless
 a court has issued a search warrant or other order authorizing such an
 evaluation. When requesting the resident's consent to evaluate the
 resident, the director or the director's designee will explain that the
 resident:
(a) Has the option to consent or not to consent to the
 evaluation;
(b) Will not be evaluated without the resident's
 consent;
(c) May have another individual of the resident's choice
 present during the evaluation. If a resident requests that another individual
 be present during the evaluation and that individual is not available, the
 resident has not consented to the evaluation; and
(d) Will not suffer any adverse consequences if the resident
 refuses to consent.
(E) The director may enter at any time,
 for the purposes of investigation, any institution, residence, facility, or
 other structure which has been reported to the director or that the director
 has reasonable cause to believe is operating as a residential care facility
 without a valid license or in the case of a county or district home, is
 operating despite the revocation of its residential care facility
 license.
(F) If an inspection reveals a violation
 or violations of Chapter 3721. of the Revised Code or of rules 
3701-16-01
 to
 3701-16-18 of the Administrative Code, the director may provide the facility
 with the opportunity to correct the violation or violations.

Last updated July 12, 2024 at 9:32 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
, 
3721.011
, 
3721.02
, 
3721.031
, 
3721.05
, 
3721.06
, 
3721.08

Five Year Review Date:

7/2/2029

Prior Effective Dates:

4/1/2007

Rule 3701-16-05 
|
 Personnel requirements.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Each residential care facility is
 obligated to arrange for the services of an administrator who is obligated
 to:
(1) Meet the applicable
 requirements of rule 
3701-16-06
 of the Administrative Code;
(2) Be responsible for
 the daily operation of the residential care facility including, but not limited
 to, assuring that residents' ongoing or changing service needs, as
 identified in the resident assessments, and services ordered by a licensed
 health care professional are acted upon by the appropriate staff member. If the
 facility does not provide for the needed service, the facility is obligated to
 discuss the lack of the needed service with the resident as required by
 paragraph (G) of rule 
3701-16-08
 of the Administrative Code;
(3) Provide not less than
 twenty hours of service in the facility during each calendar week during the
 hours of eight a.m. and six p.m. If the administrator is unable to provide at
 least twenty hours of service in the residential care facility in a given
 calendar week because of a vacation, illness, or other temporary situation, the
 administrator is obligated to designate a staff member, who is not allowed to
 be less than twenty-one years of age and who meets the requirements of
 paragraphs (D) and (H) of rule 
3701-16-06
 of the Administrative Code, to serve
 as acting administrator;
(4) The administrator or
 acting administrator is obligated to be accessible at all other times when not
 present at the residential care facility. A residential care facility located
 in the same building as a nursing home, or on the same lot as a nursing home,
 both of which are owned and operated by the same entity, will be considered to
 have met this requirement if the nursing home has a full-time administrator
 licensed under Chapter 4751. of the Revised Code who is responsible for both
 the residential care facility and nursing home. For the purposes of this
 paragraph, "full-time" means no less than thirty-two hours per
 calendar week.
(B) The residential care facility
 administrator may provide services to residents if the administrator meets the
 applicable qualifications of rule 
3701-16-06
 of the Administrative Code. An
 administrator, providing personal care services, of a facility
 with:
(1) Sixteen or less beds
 may be counted toward meeting the staffing requirements of paragraph (C) of
 this rule;
(2) Seventeen to
 thirty-five beds is not allowed to be counted toward meeting the staffing
 requirements of paragraph (C) of this rule until he or she has met the
 requirements of paragraph (A)(3) of this rule;
(3) More than thirty-five
 beds is not allowed to be counted toward meeting the staffing requirements of
 paragraph (C) of this rule.
(C) Each residential care facility is
 obligated to have the following staff members who are competent to perform the
 duties they are assigned:
(1) At least one staff
 member on duty at all times who meets the qualifications of rule 
3701-16-06
 of
 the Administrative Code for staff members providing personal care services.
 During the night, the staff member who is physically present in the facility
 may be on call if the facility meets the resident call system requirements of
 paragraph (B)(5) of rule 
3701-16-14
 of the Administrative Code. When only one
 staff person is on duty in the facility, the residential care facility is
 obligated to designate another staff member who meets the same qualifications
 to be on call; and
(2) Sufficient additional
 staff members who meet the applicable qualifications of rule 
3701-16-06
 of the
 Administrative Code for the services they perform and appropriate scheduling of
 sufficient staff time to adequately do all of the following:
(a) Meet, in a timely manner, the residents' total care,
 supervisory and emotional needs as determined by the resident assessment
 required under rule 
3701-16-08
 of the Administrative Code and consistent with
 the resident agreement required under rule 
3701-16-07
 of the Administrative
 Code and reasonable and appropriate requests for services, including monitoring
 in excess of supervision of residents with increased emotional needs or
 presenting behaviors that cause problems for the resident or other residents,
 or both;
(b) Properly provide dietary, housekeeping, laundry, and facility
 maintenance services and recreational activities for the residents in
 accordance with the rules of this chapter;
(c) Assist, when necessary, with prompt evacuation of
 nonambulatory residents. The additional staff members needed to implement the
 facility's evacuation plan required by paragraph (J) of rule 
3701-16-13
 of
 the Administrative Code are obligated to be present in the facility at all
 times; and
(d) Provide or arrange for resident activities required under
 rule 
3701-16-11
 of the Administrative Code.
(3) Each residential care
 facility is obligated to have at least one staff member capable of giving
 personal care services who has successfully completed the first aid training
 required by paragraph (E) of rule 
3701-16-06
 of the Administrative Code, if
 applicable, present in the facility at all times.
(4) In determining the staffing level for
 the facility, the facility is not required to consider resident
 needs:
(a) That are being served through a contractual arrangement
 between the resident and a third party provider;
(b) That the resident chooses not to have met as documented in
 the resident's record; or
(c) That the resident has not contracted with the facility to
 meet if the facility has complied with paragraph (G) of rule 
3701-16-08
 of the
 Administrative Code.
(5) Unless the
 resident's needs are being met by a private psychologist or physician,
 each residential care facility that admits or retains residents with a
 diagnosis of late-stage cognitive impairment with significant ongoing daily
 living assistance needs, cognitive impairments with increased emotional needs
 or presenting behaviors that cause problems for the resident or other
 residents, or both, or serious mental illness, is obligated to have a
 psychologist or physician with experience in the diagnosis and treatment of the
 applicable condition or conditions, either on staff or as a
 consultant.
(D) In addition to the requirements set
 forth in this rule, each residential care facility that elects to admit or
 retain residents for whom the facility provides skilled nursing care beyond the
 supervision of special diets, application of dressings, or administration of
 medication is obligated to do all of the following:
(1) Employ or contract
 with a registered nurse to provide onsite supervision of skilled nursing care
 provided to residents. For purposes of this rule, "onsite
 supervision" means that the registered nurse is obligated to spend
 sufficient time each week in the facility to manage the provision of skilled
 nursing care in accordance with accepted standards of practice;
(2) Have a licensed nurse
 on call when one is not present in the facility; and
(3) Have sufficient
 additional nursing staff to meet residents' needs.
(E) The operator or administrator is obligated to establish a
 schedule for staff coverage that includes coverage during vacations, emergency
 situations, and long-term absences due to illness. The residential care
 facility is not allowed to mandate, coerce or persuade a resident to supervise
 other residents, provide personal care services, supervise special diets,
 administer medications or manage the facility. Residents who voluntarily help
 or receive assistance from one another are not allowed to be counted in
 determining whether the residential care facility meets the staffing
 requirements of this rule.
(F) Each residential care facility which elects to administer
 medication is obligated to have one of the following individuals on duty to
 administer medications in accordance with paragraphs (G) and (H) of rule
 
3701-16-09
 of the Administrative Code and remain on duty for a sufficient
 amount of time to observe medication acceptance and reaction:
(1) A registered
 nurse;
(2) A licensed practical
 nurse holding proof of successful completion of a course in medication
 administration approved by the Ohio board of nursing pursuant to Chapter 4723.
 of the Revised Code who will administer medication only at the direction of a
 registered nurse or physician;
(3) A physician;
 or
(4) A person authorized
 by law to administer medication.
(G) Each residential care facility which elects to supervise
 therapeutic diets is obligated to provide or arrange for a dietitian and comply
 with the applicable requirements of rule 
3701-16-10
 of the Administrative
 Code.
(H) Each residential care facility which elects to provide for
 the application of dressings in accordance with division (A)(2) of section
 
3721.011
 of the Revised Code is obligated to have sufficient nursing staff to
 provide the service and comply with the requirements of paragraph (J) of rule
 
3701-16-09
 of the Administrative Code.
(I) Each residential care facility that elects to provide skilled
 nursing care using staff members, in accordance with division (C) of section
 
3721.011
 of the Revised Code and paragraph (B) of rule 
3701-16-09.1
 of the
 Administrative Code, is obligated to have sufficient nursing staff to provide
 the skilled nursing care. If the residential care facility elects to provide
 enteral tube feedings on a part-time intermittent basis the facility is
 obligated to provide or arrange for a dietitian and provide sufficient nursing
 staff with appropriate experience and training in enteral tube feedings.
 Skilled nursing care may be delegated in accordance with Chapter 4723-13 of the
 Administrative Code.
(J) A residential care facility that is physically located in the
 same building or on the same lot as a nursing home, or that provides an adult
 day care program, or both, which are owned and operated by the same entity may
 use staff from the residential care facility to provide services in the nursing
 home or adult day care program, or use appropriate and qualified staff from the
 nursing home or the adult day care program to meet part or all of the staffing
 requirements of this rule, if all of the following criteria are
 met:
(1) The residential care
 facility at all times meets the minimal staffing levels required by paragraph
 (C) of this rule. The staff members, assigned to and responsible for meeting
 the residential care facility residents' needs, may provide services to
 nursing home residents if they meet the nurse aide qualifications of rule
 
3701-17-07.1
 of the Administrative Code, but are not allowed to be counted
 towards meeting the nursing home staffing levels of rule 
3701-17-08
 of the
 Administrative Code;
(2) The nursing home at
 all times meets the staffing level requirements of rule 
3701-17-08
 of the
 Administrative Code;
(3) Separate staffing
 schedules for the residential care facility, nursing home, and adult day care
 program are maintained;
(4) The residential care
 facility has the resident call systems required by paragraph (B)(5) of rule
 
3701-16-14
 of the Administrative Code, for residents to use in obtaining
 unscheduled care or services, as needed, when unexpected care needs arise and
 the monitoring of resident call systems in the residential care facility and
 nursing home is not disrupted. The residential care facility is not allowed to
 limit the use of the resident call systems to emergencies only;
(5) Utilization of the
 nurses or aides, or both, does not adversely affect the quality and timeliness
 of meeting the care needs of the nursing home and residential care facility
 residents; and
(6) For a residential
 care facility on the same lot as a nursing home, the homes are located within
 two minutes or less response time from each other.
A staff member simultaneously assigned to the
 staffing schedule of the residential care facility and the nursing home is
 allowed to be be counted in determining whether the residential care facility
 meets the staffing requirements of paragraph (C) of this rule, unless over
 fifty per cent of the staff member's assigned daily working hours are in
 the residential care facility.
(K) The operator or the administrator of each residential care
 facility is obligated to maintain records, on forms provided by the director,
 documenting compliance with the personnel requirements of this
 rule.
(L) Each residential care facility will
 not admit residents in excess of the number for which it is able to provide
 consistent nursing coverage and other appropriate staffing levels based on the
 volume and needs of the residents.

Last updated July 12, 2024 at 9:33 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.011
, 
3721.07

Five Year Review Date:

7/2/2029

Prior Effective Dates:

9/29/1996, 1/1/2013

Rule 3701-16-06 
|
 Qualifications and health of personnel.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) No person with a disease which may be
 transmitted in the performance of the person's job responsibilities is
 allowed to work in a residential care facility during the stage of
 communicability unless the person is given duties that minimize the likelihood
 of transmission and follows infection control precautions and
 procedures.
(B) No person is allowed to work in a
 residential care facility who uses alcohol or drugs to the extent that it
 adversely affects the performance of the person's duties or the health or
 safety of any resident.
(C) No person is allowed to work in a
 residential care facility in any capacity as a full-time, part-time or
 temporary paid employee of the facility unless the person has been examined by
 a physician or other health care professional acting within their applicable
 scope of practice within thirty days before commencing work or on the first day
 of work. No person is allowed to commence work in a residential care facility
 in any capacity unless the person is medically capable of performing the
 person's prescribed duties. Operators are obligated to retain copies of
 the examinations obligated by this paragraph and are obligated to furnish them
 to the director upon request.
(1) Employees of temporary employment
 services or, to the extent applicable, paid consultants working in a facility
 are obligated to have medical examinations in accordance with paragraph (C) of
 this rule, except that a new physical examination is not necessary for each new
 assignment. Each facility in which such an individual works are obligated to
 obtain verification of the physical examination, as applicable, from the
 employment agency or consultant before the individual begins work and are
 obligated to maintain this documentation on file.
(2) Individuals used by an adult day care
 program provided by and on the same site as the residential care facility are
 obligated to have medical examinations in accordance with paragraph (C) of this
 rule if the adult day care program is located or shares space within the same
 building as the residential care facility or if there is a sharing of staff
 between the residential care facility and adult day care program.
(D) Each residential care facility staff
 member and volunteer who:
(1) Provides personal
 care services will be at least sixteen years of age. Staff members or
 volunteers who provide personal care services who are under the age of eighteen
 are obligated to have on-site supervision by a staff member over the age of
 eighteen. The administrator is obligated to be at least twenty-one years of
 age;
(2) Assists residents
 with self-administration of medications is obligated to demonstrate an ability
 to read, write and understand information and directions in English. All other
 staff members and volunteers are obligated to demonstrate an ability to
 understand and communicate job-related information and directions in English;
 or
(3) Plans activities for
 residents with late-stage cognitive impairment with significant ongoing daily
 living assistance needs, cognitive impairments with increased emotional needs
 or presenting behaviors that cause problems for the resident or other
 residents, or both; or, serious mental illness is obligated to have training in
 appropriate activities for such residents.
(E) Staff members who provide personal
 care services in a residential care facility, except licensed health
 professionals whose scope of practice include the provision of personal care
 services, are obligated to complete the following training :
(1) Within sixty days of
 hire, have first-aid training evidenced by one of the following:
(a) Currently valid documentation of successful completion,
 online or in-person, of the "American Red Cross Standard First-Aid
 Course", the "American Red Cross First-Aid Basics", or any other
 American red cross course covering the training topics described in paragraph
 (E)(1)(c) of this rule;
(b) Currently valid documentation of successful completion,
 online or in-person, of the "American Heart Association Heartsaver
 First-Aid" course, or any other "American Heart Association"
 course covering the training topics described in paragraph (E)(1)(c) of this
 rule; or
(c) Documentation of successful completion, within the past
 three years, of first-aid training by a physician, registered nurse, a licensed
 practical nurse under the direction of a registered nurse, an emergency medical
 technician, or an instructor certified by the American red cross" or the
 American heart association. Applicable first-aid training includes recognition
 and emergency management of bleeding, burns, poisoning, respiratory distress
 including choking, musculoskeletal injury, wounds including animal and insect
 bites, sudden illness, shock, hypothermia, heat stroke and exhaustion, and
 frost bite;
(2) Have documentation
 that, prior to providing personal care services without supervision in the
 facility, the staff member met one of the following criteria:
(a) Successfully completed training or continuing education
 taught by a registered nurse or licensed practical nurse under the direction of
 a registered nurse that covers, as is necessary to meet the needs of residents
 in the facility, the following:
(i) The correct
 techniques of providing personal care services as obligated by the staff
 member's job responsibilities;
(ii) Observational skills
 such as recognizing changes in residents' normal status and the
 facility's procedures for reporting changes; and
(iii) Communication and
 interpersonal skills.
The training or continuing education will
 be sufficient to ensure that the staff member receiving the training can
 demonstrate an ability to provide the personal care services. The facility may
 utilize other health care professionals acting within the scope of the
 professional's practice as part of the training or continuing
 education;
(b) Successfully completed the training and competency
 evaluation program and competency evaluation program approved or conducted by
 the director under section 
3721.31
 of the Revised Code; or
(c) Successfully completed training or testing in
 accordance with the medicare condition of participation of home health aide
 services, 42 C.F.R. 484.4 (November 6, 2014) and 42 C.F.R. 484.36 (June 18,
 2001);
(3) Except as provided in
 paragraph (E)(5) of this rule, staff members employed by a residential care
 facility, or part thereof, that admits or retains residents with late-stage
 cognitive impairment with significant ongoing daily living assistance needs, or
 cognitive impairments with increased emotional needs or presenting behaviors
 that cause problems for the resident or other residents, or both, are obligated
 to have:
(a) Two hours of initial training in the care of such
 residents within fourteen days of the first day of work; and
(b) Four hours of continuing education in the care of such
 residents annually. The four hours of continuing education may count towards
 the continuing education obligated by paragraph (E)(7) of this
 rule.
(4) Except as provided in
 paragraph (E)(5) of this rule, staff members employed by a residential care
 facility, or part thereof, that admits or retains residents with diagnoses of
 serious mental illness are obligated to have:
(a) Two hours of initial training in the care of such
 residents within fourteen days of the first day of work; and
(b) Four hours of continuing education in the care of such
 residents annually. The four hours of continuing education may count towards
 the continuing education obligated by paragraph (E)(7) of this
 rule.
(5) Staff members
 employed by a residential care facility, or part thereof, that admits or
 retains residents with late-stage cognitive impairment with significant ongoing
 daily living assistance needs, or cognitive impairments with increased
 emotional needs or presenting behaviors that cause problems for the resident or
 other residents, or both, and that admits or retains residents with diagnoses
 of serious mental illness, are obligated to have:
(a) Four hours, divided in equal proportions for each
 population, of initial training in the care of such residents within fourteen
 days of the first day of work; and
(b) Eight hours, divided in equal proportions for each
 population, of continuing education in the care of such residents annually. The
 eight hours of continuing education may count towards continuing education
 obligated by paragraph (E)(7) of this rule
(6) Staff members serving
 special populations not identified in paragraphs (E)(3) and (E)(4) of this rule
 are obligated to have: 
(a) Two hours of initial training in the care of such
 residents within fourteen days of the first day of work; and
(b) Four hours of continuing education in the care of such
 residents annually. The four hours of continuing education may count towards
 the continuing education obligated by paragraph (E)(7) of this
 rule.
(7) Successfully complete
 at least eight hours of continuing education annually. 
(F) Staff members whose job
 responsibilities will include providing therapeutic diets, other than special
 diets, are obligated to be trained by a dietitian prior to performing this
 responsibility.
(G) The initial training obligated by
 paragraphs (E)(3) to (E)(6) of this rule is to be conducted by a qualified
 instructor for the topic covered. The annual continuing education obligated by
 paragraphs (E)(3) to (E)(6) of this rule may be completed online or by other
 media provided there is a qualified instructor present to answer questions and
 to facilitate discussion about the topic at the end of the lesson.
(H) The administrator is obligated to:
(1) Be licensed as a
 nursing home administrator under Chapter 4751. of the Revised Code;
 or
(2) Meet one of the
 following criteria at the time of employment:
(a) Has three thousand hours of direct operational
 responsibility for a senior housing facility, health care facility, residential
 care facility, adult care facility or any other group home licensed or approved
 by the state;
(b) Has successfully completed one hundred credit hours of
 post high school education in the field of gerontology or health
 care;
(c) Holds a baccalaureate degree; or
(d) Is a licensed health professional as that term is
 defined in rule 
3701-17-07.1
 of the Administrative Code.
(3) The administrator is
 obligated to receive at least nine hours of continuing education annually in
 the fields of gerontology, health care, business administration, or residential
 care facility operation. Successful completion of course work at an accredited
 college or university, or of courses approved by the following entities, may be
 used to demonstrate compliance with this paragraph:
(a) The Ohio state bar association;
(b) The Ohio state board of executives of long-term
 services and supports;
(c) The Ohio state board of nursing;
(d) The Ohio state board of pharmacy;
(e) The Ohio state board of psychology;
(f) The Ohio state medical board; or
(g) Any other health-related state board organized pursuant
 to Title 47 of the Revised Code.
(I) The operator or administrator is obligated to ensure
 that each staff member, other than a volunteer who does not provide personal
 care services, receives and completes orientation and training applicable to
 the staff member's job responsibilities within three working days after
 beginning employment with the residential care facility. A staff member is not
 allowed to stay alone in the residential care facility with residents until the
 staff member has received the orientation and training obligated by this
 paragraph and the general staff training in fire control and evacuation
 procedures obligated by paragraph (P) of rule 
3701-16-13
 of the Administrative
 Code. The orientation and training mandated by this paragraph will include at
 least:
(1) The physical layout
 of the residential care facility;
(2) The staff
 member's job responsibilities;
(3) The residential care
 facility's policies and procedures;
(4) How to secure
 emergency assistance; and
(5) Residents'
 rights.
(J) All individuals used by the
 residential care facility who function in a professional capacity are obligated
 to meet the standards applicable to that profession, including but not limited
 to, possessing a current Ohio license, registration, or certification, if
 obligated by law.
(K) Each residential care facility is obligated to provide
 appropriate staff training to implement each resident right under division (A)
 of section 
3721.13
 of the Revised Code on an annual basis and additionally as
 needed. The training obligated by this rule will include, but not be limited
 to, an explanation of:
(1) The residents'
 rights and the staff's responsibility in implementation of the rights;
 and
(2) The staff's
 obligation to provide all residents who have similar needs with comparable
 service.
(L) No residential care facility is allowed to employ a
 person for a position that involves the provision of direct care to an older
 adult, if the person:
(1) Has been convicted of
 or pleaded guilty to an offense listed in division (C)(1) of section 
3721.121

 of the Revised Code, unless the individual is hired under the personal
 character standards set forth in rule 
3701-13-06
 of the Administrative Code;
 
(2) Fails to complete the
 form(s) or provide fingerprint impressions as obligated by division (B)(2) of
 section 
3721.121
 of the Revised Code;
(3) Is the subject of a
 finding of abuse or neglect of a resident or misappropriation of the property
 of a resident on the nurse aide registry, established pursuant to section
 
3721.32
 of the Revised Code;
(4) Is the subject of a
 finding of abuse or neglect of a resident or misappropriation of the property
 of a resident on the nurse aide registry established by another state where the
 home believes or has reason to believe the person resides or resided;
 or
(5) Have had a
 disciplinary action taken against a professional license by a state licensure
 body as a result of a finding of abuse, neglect, mistreatment of residents or
 misappropriation of resident property.
(M) For purposes of this rule,
 "annual" means a calendar year. The training hours obligated by this
 rule may be pro-rated from the employee's date of hire.

Last updated July 12, 2024 at 9:33 AM

Supplemental Information

Authorized By:

3721.04
, 
3721.121

Amplifies:

3721.011
, 
3721.07

Five Year Review Date:

7/2/2029

Prior Effective Dates:

1/1/2013

Rule 3701-16-07 
|
 Resident agreement; other information to be provided upon admission; risk agreements.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) A residential care facility is not
 allowed to admit an individual who is in need of services or accommodations
 beyond that which a residential care facility is authorized to provide under
 paragraph (D) of rule 
3701-16-02
 of the Administrative Code or beyond that
 which the specific facility provides.
(B) A residential care facility is not
 allowed to admit a resident prior to searching for the individual on the Ohio
 sex offender registry as obligated by section 
3721.122
 of the Revised
 Code.
(C) Except for residents receiving
 hospice care, no residential care facility is allowed to admit or retain an
 individual who:
(1) Needs skilled nursing
 care that is not authorized by section 
3721.011
 of the Revised Code or is
 beyond that which the specific facility can provide;
(2) Needs medical or
 skilled nursing care at least eight hours per day or forty hours per
 week;
(3) Needs chemical or
 physical restraints as defined in paragraph (L) of rule 
3701-16-09
 of the
 Administrative Code;
(4) Is bedridden with
 limited potential for improvement;
(5) Has stage III or IV
 pressure ulcers. For purposes of this rule, "pressure ulcers" means
 any lesion caused by unrelieved pressure, or pressure in combination with shear
 and/or friction, which results in damage to the underlying tissue. Pressure
 ulcers are to be staged in accordance with current staging definitions issued
 by the "National Pressure Ulcer Advisory Panel" ; or
(6) Has a medical
 condition that is so medically complex or changes so rapidly that it
 necessitates constant monitoring and adjustment of treatment regimen on an
 ongoing basis.
(D) A residential care facility is obligated to enter into a
 written resident agreement with each prospective resident prior to beginning
 residency in the residential care. 
(1) The agreement needs
 be signed and dated by the operator, administrator, or acting administrator and
 the prospective resident or, if the prospective resident is physically or
 cognitively unable to sign and consents, another individual designated by the
 prospective resident are obligated to sign the agreement;
(2) The facility is
 obligated to provide both the prospective resident and any other individual
 signing on the resident's behalf with a copy of the agreement and explain
 the agreement to them; and
(3) In the event that a
 durable power of attorney for healthcare is enacted or when the physician
 determines that the resident is no longer able to make reasoned decisions to
 the agreement, the facility is obligated to provide a copy of the agreement to
 the individual designated by the resident to make decisions and consent on the
 resident's behalf, if any.
(E) The agreement obligated by paragraph (D) of this rule is
 obligated to include at least the following items:
(1) An explanation of all
 charges to the resident including security deposits, if
 applicable;
(2) A statement that all
 charges, fines, or penalties that will be assessed against the resident are
 included in the resident agreement;
(3) A statement that the
 basic rate will not be changed unless thirty days written notice is given to
 the resident or, if the resident is unable to understand this information, to
 his or her sponsor;
(4) An explanation of the
 residential care facility's policy for refunding charges in the event of
 the resident's absence, discharge, or transfer from the facility and the
 facility's policy for refunding security deposits;
(5) An explanation of the
 services offered by the facility, the types of skilled nursing care that the
 facility provides or allows residents to receive in the facility, the providers
 that are authorized to render that care, and the limitations of the type and
 duration of skilled nursing care that is offered;
(6) An explanation of the
 extent and types of services the facility will provide to the resident and who
 is responsible for payment; and
(7) A statement that the
 facility is obligated to discharge or transfer a resident when a resident needs
 skilled nursing care beyond the limitations identified in paragraph (E)(5) of
 this rule.
(F) Prior to admission or upon the request of a prospective
 resident or prospective resident's sponsor, the residential care facility
 is obligated to provide the resident or resident's sponsor with a copy and
 explain the contents of the following policies:
(1) The facility's
 residents' rights policy and procedures mandated by section 
3721.12
 of the
 Revised Code;
(2) The facility's
 smoking policy mandated by paragraph (W) of rule 
3701-16-13
 of the
 Administrative Code;
(3) The facility's
 policies regarding advance directives and do not resuscitate (DNR) orders, and
 an explanation of the rights of the resident under state law concerning advance
 directives and DNR orders. A residential care facility is barred from mandating
 the execution of an advance directive or DNR order as a condition for
 admission;
(4) The definition of
 skilled nursing care from rule 
3701-16-01
 of the Administrative
 Code;
(5) For individuals
 seeking residency on a special care unit, the facility's policy on care
 for residents in the special care unit. The policy is obligated to
 include:
(a) A statement of mission or philosophy that reflects the needs
 of the special population;
(b) Admission criteria to the special care unit, including
 screening criteria, if applicable;
(c) Transfer and discharge criteria and procedures;
(d) A weekly staffing plan for the special care unit, if
 applicable, including:
(i) A statement of how
 this plan differs from the staffing plan for the remainder of the facility;
 and
(ii) The necessary
 increase in supervision, due to decreased safety awareness or other assessed
 condition, of residents with cognitive impairments or serious mental illness in
 the special care unit;
(e) A description of activities offered, including frequency and
 type, and how the activities meet the needs of the type of residents in that
 special care unit, including how these activities differ from those offered in
 the remainder of the facility, if applicable;
(f) A listing of the costs of the services provided by the
 facility to the resident;
(g) Specialized staff training and continuing education
 practices;
(h) The process used for assessment and the provision of
 services, including the method for altering services based on changes in
 condition;
(i) If necessary, how the facility addresses the behavioral
 healthcare needs of residents;
(j) The physical environment and design features to support the
 functioning of residents;
(k) The involvement of families and the availability of family
 support programs for residents; and
(l) Any services or other procedures that are over and above
 those provided in the remainder of the facility, if applicable;
(6) An explanation of the
 facility's ability to accommodate disabled residents or potentially
 disabled residents and the facility's policy regarding transferring
 residents to units that accommodate residents with disabilities;
 and
(7) Any other facility
 policies that residents are obligated to follow.
(G) A residential care facility may enter into a risk agreement
 with a resident or the resident's sponsor with the consent of the
 resident. Under a risk agreement, the resident or sponsor and the facility
 agree to share responsibility for making and implementing decisions affecting
 the scope and quantity of services provided by the facility to the resident.
 The facility is obligated to identify the risks inherent in a decision made by
 a resident or sponsor not to receive a service provided by the facility. A risk
 agreement is valid only if it is made in writing. The residential care facility
 is obligated to maintain a copy of any risk agreement in the resident's
 record.
(H) Each residential care facility that has a policy of entering
 into risk agreements is obligated to provide each prospective resident, or the
 prospective resident's sponsor with the consent of the resident, a written
 explanation of the policy and the provisions that may be contained in a risk
 agreement. At the time the information is provided, the facility is obligated
 to obtain a statement signed by the individual receiving the information
 acknowledging that the individual received the information. The facility is
 obligated to maintain the signed statement on file. Any waiver of the
 resident's rights under section 
3721.13
 of the Revised Code contained in
 the risk agreement is void.

Last updated July 12, 2024 at 9:33 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.011
, 
3721.012

Five Year Review Date:

7/2/2029

Prior Effective Dates:

6/21/1997, 12/1/2001, 4/1/2007

Rule 3701-16-08 
|
 Resident health assessments.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) The residential care facility, in
 accordance with this rule, will ensure that written initial and periodic health
 assessments of prospective and current residents are conducted. The different
 components of the health assessment may be performed by different licensed
 health professionals, consistent with the type of information bring collected
 and the professional's scope of practice, as defined by applicable law. In
 conducting the assessment, the licensed health professional may use resident
 information obtained by or from unlicensed staff as long as the licensed health
 professional evaluates such information in accordance with their applicable
 scope of practice. The residential care facility is obligated to ensure that
 all components of the assessments obligated by this rule are completed and that
 residents do not need accommodations or services beyond those that the
 residential care facility provides. Each residential care facility is obligated
 to, on an annual basis, offer to each resident a vaccination against influenza
 and a vaccination against pneumococcal pneumonia as obligated by section
 
3721.041
 of the Revised Code.
(B) Each resident is obligated to be
 initially assessed within forty-eight hours of admission, except that
 paragraphs (C)(11) and (C)(12) of this rule are obligated to be performed
 within fourteen days after admission. If the resident had an assessment meeting
 the criteria set forth in paragraph (C) of this rule performed no more than
 ninety days before beginning to reside in the residential care facility, the
 resident does not need to obtain another initial assessment.
(C) The initial health assessment is
 obligated to include documentation of the following:
(1) Preferences of the
 resident including hobbies, usual activities, bathing, sleeping patterns,
 socialization and religious;
(2) Medical diagnoses, if
 applicable;
(3) Psychological,
 intellectual disabilities, and developmental diagnoses history, if
 applicable;
(4) Health history and
 physical, including cognitive functioning and sensory and physical impairments,
 and the risk of falls;
(5) Prescription
 medications, over-the-counter medications, and dietary
 supplements;
(6) Nutrition and dietary
 needs, including any food allergies and intolerances, food preferences, and
 need for any adaptive equipment, and needs for assistance and supervision of
 meals;
(7) Height, weight, and
 history of weight changes;
(8) A functional
 assessment which evaluates how the resident performs activities of daily living
 and instrumental activities of daily living. For the purposes of this
 paragraph, "instrumental activities of daily living" means using the
 telephone, acquiring and using public and private transportation, shopping,
 preparing meals, performing housework, laundering, and managing financial
 affairs;
(9) Type of care or
 services, including the amount, frequency, and duration of skilled nursing care
 the resident needs as determined by a licensed health professional in
 accordance with the resident's assessment under paragraph (C) of this
 rule;
(10) A determination by a
 physician or other licensed healthcare professional working within their scope
 of practice, as to whether or not the resident is capable of self-administering
 medications. The documentation will specify what assistance with
 self-administration, as authorized by paragraph (F) of rule 
3701-16-09
 of the
 Administrative Code, if any, is needed or if the resident needs to have
 medications administered in accordance with paragraphs (G) and (H) of rule
 
3701-16-09
 of the Administrative Code;
(11) If skilled care is
 provided to the resident by staff members, a determination by a physician or
 other licensed healthcare professional working within their scope of practice
 of:
(a) Whether the resident's personal care needs have been
 affected by the skilled nursing care needs, other than the administration of
 medication or supervision of special diets; and
(b) Whether any changes are necessary in the manner personal care
 services are provided. The individual conducting the assessment is obligated to
 establish the extent, if any, of the changes necessary.
(12) If skilled nursing
 care is provided to the resident by staff members, the resident's
 attending physician or other licensed healthcare professional working within
 their scope of practice, will sign orders documenting the need for skilled
 nursing care, including the specific procedures and modalities to be used and
 the amount, frequency, and duration. This care is obligated to be provided and
 reviewed pursuant to paragraph (B) of rule 
3701-16-09.1
 of the Administrative
 Code.
(13) If the resident has
 been determined to have medical, psychological, or developmental or
 intellectual impairment, the assessment is obligated to include:
(a) A plan for addressing the resident's assessed
 needs;
(b) The need for physical environment and design features to
 support the functioning of the resident; and
(c) The need for increased supervision, due to decreased safety
 awareness or other assessed condition.
(D) Subsequent to the initial health
 assessment, the residential care facility will assess each resident's
 health at least annually unless medically indicated sooner. The annual health
 assessment is obligated to be performed within thirty days of the anniversary
 date of the resident's last health assessment and include documentation of
 at least the following:
(1) Changes in medical
 diagnoses, if any;
(2) Updated nutritional
 needs, including any food allergies and intolerances;
(3) Height, weight and
 history of weight changes;
(4) Prescription
 medications, over-the-counter medications, and dietary
 supplements;
(5) A functional
 assessment as described in paragraph (C)(8) of this rule;
(6) If the resident has
 been determined to have medical, psychological, or developmental or
 intellectual impairment, an assessment as described in paragraph (C)(13) of
 this rule;
(7) Type of care or services, including
 the amount, frequency, and duration of skilled nursing care, the resident needs
 as determined by a licensed health professional in accordance with paragraph
 (D) of this rule;
(8) A determination by a physician or
 other licensed healthcare professional working within their scope of practice,
 as to whether or not the resident is capable of self-administering medications.
 The documentation will specify what assistance with self-administration, as
 authorized by paragraph (F) of rule 
3701-16-09
 of the Administrative Code, if
 any, is needed or if the resident needs to have medications administered in
 accordance with paragraphs (G) and (H) of rule 
3701-16-09
 of the Administrative
 Code; and
(9) If skilled care is provided to the
 resident by staff members, a determination by a physician or other licensed
 healthcare professional working within their scope of practice,
 of:
(a) Whether the resident's personal care needs have been
 affected by the skilled nursing care needs, other than the administration of
 medication or supervision of special diets; and
(b) Whether any changes are necessary in the manner personal care
 services are provided. The individual conducting the assessment will establish
 the extent, if any, of the changes necessary.
(E) The residential care facility will
 ensure that each resident's health is assessed if a change in condition or
 functional abilities warrants a change in services or equipment. The assessment
 is obligated to include, as applicable, documentation of paragraphs (D)(1) to
 (D)(9) of this rule. The facility is obligated to make a good faith effort to
 obtain information from residents about assessments independently obtained
 outside the facility.
(F) Prior to admitting or transferring a
 resident to a special care unit that restricts the resident's freedom of
 movement, the residential care facility is obligated to ensure that a physician
 or other licensed healthcare professional working within their scope of
 practice, has made a determination that the admission or transfer to the
 special care unit is needed. The facility is obligated to update this
 determination to include both improvement and decline, during the periodic
 reassessment obligated by paragraph (D) of this rule. Prior to admission to the
 special care unit, the residential care facility is obligated to provide the
 resident with an updated resident agreement obligated by rule 
3701-16-07
 of the
 Administrative Code and with the facility's policy on care of residents
 by means of a special care unit obligated by paragraph (E)(5) of that rule. No
 resident is allowed to be admitted to a secured special care unit based solely
 on his or her diagnosis.
(G) If a resident needs services or accommodations beyond that
 which a residential care facility is authorized to provide or beyond that which
 the specific facility provides, refuses needed services, or fails to obtain
 needed services for which the resident agreed to be responsible under the
 resident agreement obligated by rule 
3701-16-07
 of the Administrative Code, the
 residential care facility is obligated to take the following
 action:
(1) Except in emergency
 situations, the residential care facility is obligated to meet with the
 resident, and, if applicable, the resident's sponsor and discuss the
 resident's condition, the options available to the resident including
 whether the needed services may be provided through a medicaid waiver program,
 and the consequences of each option;
(2) If the lack of needed
 services has resulted in a significant adverse change in the resident, the
 residential care facility is obligated to seek appropriate intervention in
 accordance with paragraph (A) of rule 
3701-16-12
 of the Administrative Code. If
 an emergency does not exist the facility is obligated to provide or arrange for
 the provision of any needed services that the resident has not refused until
 the resident is discharged or transferred or the resident and the facility have
 mutually resolved the issue in a manner that does not jeopardize the
 resident's health or the health, safety or welfare of the other residents.
 This paragraph does not authorize a facility to provide skilled nursing care
 beyond the limits established in section 
3721.011
 of the Revised Code;
 and
(3) The residential care
 facility is obligated to transfer or discharge the resident in accordance with
 section 
3721.16
 of the Revised Code and Chapter 3701-61 of the Administrative
 Code if the resident needs skilled nursing care or services beyond what the
 facility provides and the residential care facility, based on the meeting with
 the resident obligated by paragraph (G)(1) of this rule, determines that such
 action is necessary to assure the health, safety and welfare of the resident or
 the other residents of the facility. The residential care facility may retain a
 resident who refuses available services if doing so does not endanger the
 health, safety, and welfare of other residents and the resident does not need
 services beyond that which a facility is authorized to provide under Chapter
 3721. of the Revised Code and rules 
3701-16-01
 to 
3701-16-18
 of the
 Administrative Code.

Last updated July 12, 2024 at 9:33 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
, 
3721.011
, 
3721.07

Five Year Review Date:

7/2/2029

Prior Effective Dates:

12/1/2001, 1/1/2013

Rule 3701-16-09 
|
 Personal care services; medication administration; resident medications; application of dressings; supervision of therapeutic diets.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) For the purposes of this
 rule;
(1) Personal care
 services or skilled nursing care are provided by a residential care facility
 when:
(a) They are provided by
 a person:
(i) Employed by the facility;
(ii) Associated with the facility; or
(iii) Who is a related party to the facility;
(b) By another person
 pursuant to an agreement to which neither the resident nor their sponsor is a
 party; 
(c) By another person
 pursuant to an agreement the facility requires a resident or their sponsor to
 contract with a person to receive services; or
(d) The resident does not
 have free choice of service provider.
For purposes of this rule "related
 party" means an individual or organization that, to a significant extent,
 has common ownership with, is associated or affiliated with, has control of, or
 is controlled by, the owner or operator of the residential care
 facility.
(2) A residential care
 facility may provide the skilled nursing care authorized by paragraphs (J) and
 (K) of this rule through the following arrangements as long as the residential
 care facility complies with the applicable provisions of this
 rule:
(a) Qualified staff members of the residential care facility;
 or
(b) Through agreements or contractual arrangements, including but
 not limited to, contracts with a home health agency certified under Title XVIII
 of "the Social Security Act", 42 U.S.C. 301, as amended (1981), or a
 licensed hospice care program, licensed under Chapter 3712. of the Revised
 Code.
(B) Each residential care facility is
 obligated to:
(1) Specify in its
 policies and the resident agreements, obligated by rule 
3701-16-07
 of the
 Administrative Code, the extent and types of personal care services it
 provides; and
(2) Provide personal care
 services to its residents who are in need of those services, unless the
 resident and the facility have entered into a risk agreement under rule
 
3701-16-07
 of the Administrative Code or the resident has refused services, and
 may provide personal care services to other residents upon
 request.
Nothing in this paragraph is to be construed as
 permitting personal care services to be imposed upon a resident who is capable
 of performing the activity in question without assistance unless
 requested.
(C) If a resident requires certain
 personal care services that the residential care facility does not
 offer:
(1) The facility is
 obligated to comply with paragraph (G) of rule 
3701-16-08
 of the Administrative
 Code; and
(a) Arrange for or allow the resident to arrange for the services
 to be provided; or
(b) Transfer the resident to an appropriate setting or discharge
 the resident in accordance with section 
3721.16
 of the Revised Code and Chapter
 3701-61 of the Administrative Code; or
(2) The facility and the
 resident may enter into a risk agreement in accordance with paragraphs (F) and
 (G) of rule 
3701-16-07
 of the Administrative Code, if the facility has a policy
 of entering into such agreements.
(D) Each residential care facility is
 obligated to ensure that personal care services are provided to
 residents:
(1) In accordance with
 acceptable standards of care;
(2) By staff members
 meeting the training standards of rule 
3701-16-06
 of the Administrative Code;
 and
(3) That meet the needs
 of residents as determined in the resident assessments obligated by rule
 
3701-16-08
 of the Administrative Code and consistent with the resident
 agreements under rule 
3701-16-07
 of the Administrative Code.
(E) A residential care facility may
 provide for the administration of medication to residents in accordance with
 division (B) of section 
3721.011
 of the Revised Code and this
 rule.
(1) All medication taken
 by residents of residential care facilities will be self-administered, and
 members of the staff of a residential care facility are barred from
 administering medication to residents, except that medication may be
 administered in accordance with division (B) of section 
3721.011
 of the Revised
 Code and paragraphs (G) and (H) of this rule.
(2) A residential care
 facility may admit or retain an individual requiring medication only if the
 individual is capable of taking their own medication and biologicals, as
 determined in writing by the person's attending physician or other
 licensed healthcare professional working within their scope of practice, or if
 the facility provides for the administration of medication by:
(a) A home health agency certified under Title XVIII of the
 "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended
 (1981);
(b) A hospice care program licensed under Chapter 3712. of the
 Revised Code; or
(c) A member of the staff of the residential care facility who is
 qualified to perform medication administration.
(F) Staff members may assist with
 self-administration of medication by doing any of the following once they have
 received training in providing the services, as obligated by paragraph (E) of
 rule 
3701-16-06
 of the Administrative Code:
(1) Remind a resident
 when to take medication, and watch to ensure that the resident follows the
 directions on the container;
(2) Assist a resident in
 self-administration of medication by taking the medication from the locked area
 where it is stored and handing it to the resident. If the resident is
 physically unable to open a container, a staff member may open the container
 for the resident. The staff member is obligated to check the name on the
 prescription label and verify that the resident's name on the prescription
 label corresponds to the resident requesting the medication before handing it
 to the resident. The staff member may read the label and directions on the
 medication container to the resident upon request. The staff member also may
 remind the resident and any other individual designated by the resident when
 prescribed medication needs to be refilled. Staff members are not allowed to
 assist a resident with self-administration of a prescription medication that
 belongs to another resident;
(3) Assist a physically
 impaired but mentally alert resident such as, but not limited to, a resident
 with arthritis, cerebral palsy, or Parkinson's disease, upon that
 resident's request, in removing oral or topical medication from containers
 and in consuming or applying the medication upon request by or with the consent
 of the resident. If the resident is physically unable to place a dose of
 medicine to their mouth without spilling it, a staff member may place the dose
 in a container and place the container to the mouth of the resident. As used in
 this paragraph, "topical medication" means:
(a) Eye, nose, or ear drops excluding irrigations;
 and
(b) Medication used in the treatment of a skin condition or minor
 abrasion, excluding debriding agents; and
(4) Assist a resident
 with organizing the resident's medications in a weekly pill organizer if
 the resident is able to differentiate between pills and actively participates
 in the organization. Nothing in this rule is to be construed as allowing staff
 members to fill a weekly pill organizer for a resident.
(G) Medication are obligated to be
 administered in accordance with accepted standards of practice to a resident in
 a residential care facility only by the following persons authorized by law to
 administer medication:
(1) A registered
 nurse;
(2) A licensed practical
 nurse holding proof of successful completion of a course in medication
 administration approved by the Ohio board of nursing pursuant to Chapter 4723.
 of the Revised Code who is allowed to administer medication only at the
 direction of a registered nurse or physician;
(3) A physician;
 or
(4) A person authorized
 by law to administer medication.
(H) Residential care facilities that
 administer medication are obligated to comply with all of the
 following:
(1) No medication is
 allowed to be given to any resident unless ordered by a physician or individual
 authorized under state law to prescribe medications. Ordered medications are
 obligated to be administered unless the resident refuses or the resident
 exhibits symptoms that contraindicate medication administration. If a
 medication is not administered, the staff member responsible for administering
 the medication is obligated to document in the resident's record why the
 medication was not administered. Telephone orders are not allowed to be
 accepted by a person other than a licensed nurse, another physician or a
 pharmacist except that a licensed health professional may receive, document and
 date medication orders concerning their specific discipline, to the extent
 permitted by applicable licensing laws. If orders are given by telephone, they
 are obligated to be recorded with the prescriber's name and the date, and
 the order signed by the person who accepted the order. All telephone orders are
 obligated to be signed by the physician who gave the order or other licensed
 health professional with prescriptive authority working under the supervision
 of or in collaboration with the physician within fourteen days after the order
 was given. The residential care facility may accept facsimile and electronic
 documentation of orders in accordance with paragraph (B)(4) of rule
 
3701-16-09.1
 of the Administrative Code;
(2) All medications are
 obligated to be given only to the individual resident for whom they are
 prescribed, given in accordance with the directions on the prescription or the
 physician's or other authorized prescriber's orders, and recorded on
 the resident's medication record obligated by paragraph (I)(7) of this
 rule;
(3) The person who
 administers the medication is obligated to observe the resident for adverse
 effects, contraindications, and medication effectiveness. Such person is
 obligated to notify the resident's attending physician or other licensed
 healthcare professional working within their scope of practice, of any
 undesirable effects and document these effects and the date and time of such
 notification in the resident's medication record;
(4) Only administer drugs
 bearing the American hospital formulary service therapeutic class 4:00,
 28:16:08, 28:24:08, or 28:24:92 with the authorization of the attending
 physician, after personal examination of the resident and documentation of the
 medical condition being treated and reasons for use of the drug and when
 necessary to treat a resident's medical condition and to assist the
 resident to attain their highest practicable physical, mental, and psychosocial
 well-being. Drugs used for this purpose are not considered chemical restraints
 as defined in paragraph (L) of this rule; and
(5) Ohio board of
 pharmacy and United States drug enforcement administration
 regulations.
(I) Residential care facilities that
 handle residents' medication are obligated to:
(1) Not stock or dispense
 medicines or drugs which may be sold only by prescription unless the facility
 has in its employ, on either a full-time or part-time supervisory and
 consulting basis, a pharmacist registered under Chapter 4729. of the Revised
 Code, who will be in complete control of such stock and the dispensing
 thereof;
(2) Keep all prescription
 medications in locked storage areas, including drugs requiring refrigeration,
 except medications of residents living in individual units who self-administer
 their own medications may be stored in the resident's unit if the resident
 and residential care facility take reasonable precautions to prevent access to
 the medications by other residents;
(3) Assure that the
 labeling of prescription medicine and drugs meet the following
 criteria:
(a) Every container of medicine and drugs prescribed for a
 resident for self-administration or assistance by non-licensed health care
 personnel, will be clearly labeled with the resident's name, the
 proprietary or generic name of the medication dispensed and its strength, the
 name and address of the dispensing pharmacy, the name or initials of the
 dispensing pharmacist, the prescription number, the date dispensed, the name of
 the prescribing physician or individual authorized under state law to prescribe
 medications, and the instructions for use including any cautions which may be
 obligated by federal or state law. Containers too small to bear a complete
 prescription label will be labeled with at least the prescription number and
 the dispensing date and will be dispensed in a container bearing a complete
 prescription label;
(b) Medicines and drugs dispensed by a health care facility
 pharmacy for administration by a licensed nurse or physician to residents
 whereby the medicines and drugs are not in the possession of the resident prior
 to administration will be clearly labeled in accordance with rule 
4729-17-10
 of
 the Administrative Code;
(c) Not repackage or relabel resident medications;
 and
(d) Ensure over-the-counter medications that are either
 administered by an individual acting within their scope of practice and based
 on a prescriber's order, or given to residents capable of
 self-administration of medication, contain a United States food and drug
 administration label indicating, in part, the medication's:
(i) Name;
(ii) Strength;
(iii) Quantity;
(iv) Accessory
 instructions;
(v) Lot number;
 and
(vi) Expiration
 date;
Over-the-counter medications kept by
 residents capable of self-administration do not need to meet the criteria of
 this rule.
(4) Send a
 resident's medication with him or her upon permanent transfer or discharge
 or destroy or dispose them with the consent of the resident in accordance with
 any applicable state or federal laws and regulations;
(5) If controlled
 substances are used, order, dispense, administer, and dispose of controlled
 substances in accordance with state and federal laws and regulations and ensure
 policies and procedures are in place to prevent the misappropriation or theft
 of controlled substances;
(6) Keep a written list
 of all medications prescribed for each resident and are obligated to make a
 good-faith effort to keep the list current; and
(7) Maintain an
 individual medication record for each resident to whom the residential care
 facility administers medications in which:
(a) Medication orders, including telephone, electronic, and
 facsimile orders, are recorded and signed by the prescriber; and
(b) All medications are recorded as given, documenting the name
 of the medication, date and time given, route of administration, and signed by
 the individual administering the medication.
(J) Each residential care facility that
 provides for the application of dressings in accordance with division (A) of
 section 
3721.011
 of the Revised Code is obligated to:
(1) Establish in writing
 the services pertaining to the application of dressings that are routinely
 managed by the facility. The determination of the type of applications of
 dressings that are managed by the facility are based on staff education, staff
 competence, the amount of staff experience with the listed types of
 applications of dressings, and support services available in the
 facility;
(2) Develop and follow
 policies and procedures which assure that the application of dressings are
 provided in accordance with acceptable standards of practice;
(3) Ensure that the
 application of dressings are provided only by individuals authorized under
 state law to provide the application of the dressing. Skilled nursing care may
 be delegated in accordance with Chapter 4723-13 of the Administrative
 Code;
(4) Evaluate each
 resident at least once every seven days to determine whether the resident
 should be transferred to a nursing home or other appropriate health care
 setting. The evaluation and determination is obligated to be performed by the
 appropriate health care professional and documented in the resident's
 record;
(5) Document all
 applications of dressings that are provided by the residential care facility in
 the resident's record. Such documentation is obligated to include, but not
 be limited to, treatment and medication orders issued by appropriate licensed
 health care professionals when needed to authorize provision of a service and
 nurse's notes indicating the nature of the service provided and the
 resident's status. The residential care facility may accept facsimile and
 electronic orders in accordance with paragraph (B)(4) of rule 
3701-16-09.1
 of
 the Administrative Code; and
(6) Ensure that a nurse
 coordinates the overall nursing care of each resident who receives applications
 of dressings.
(K) Each residential care facility that
 provides supervision of therapeutic diets is obligated to comply with the
 applicable provisions of rule 
3701-16-10
 of the Administrative Code. The
 residential care facility may accept facsimile and electronic documentation of
 therapeutic diet orders in accordance with paragraph (B)(4) of rule
 
3701-16-09.1
 of the Administrative Code;
(L) The residential care facility is
 forbidden from physically, chemically, or through isolation, restraining
 residents.
(1) For the purposes of
 this paragraph:
(a) "Physical restraint" means, but is not limited to,
 any article, device, or garment that interferes with the free movement of the
 resident and that the resident is unable to remove easily, a geriatric chair,
 or a locked room door;
(b) "Chemical restraint" means any drug that is used
 for discipline or staff convenience and not prescribed to treat medical
 symptoms; and
(c) "Freedom of movement" means the ability of the
 resident to move around within the context of the resident's functional
 capacity as assessed by the facility.
(2) A residential care
 facility's use of the following items for the purposes stated in this
 paragraph will not be construed as physically or chemically restraining a
 resident or subjecting a resident to prolonged isolation:
(a) Devices that assist a resident in the improvement of the
 resident's mental and physical functional status and that do not restrict
 freedom of movement or normal access to one's body;
(b) Medications that are standard treatment or a documented
 exception to standard treatment for the resident's medical or psychiatric
 condition which assist a resident in attaining or maintaining the
 resident's highest practicable physical, mental, and psycho-social
 well-being;
(c) Residency in a secured special care unit that restricts a
 resident's freedom of movement throughout the facility if;
(i) Care and services are
 provided in accordance with each resident's individual needs and
 preferences, not for staff convenience;
(ii) The need for
 continued residency in the secured special care unit is reviewed during each
 periodic assessment obligated by rule 
3701-16-08
 of the Administrative
 Code;
(iii) The secured special
 care unit meets state building and fire code standards; and
(iv) Residency on the
 secured special care unit is not based solely on the resident's
 diagnosis.
(d) Not withstanding paragraph (L)(2)(c) of this rule, a resident
 may choose to reside in the secured special care unit based upon their specific
 circumstances, such as if their spouse is a resident of the secured special
 care unit, or if the only room available in the facility is on the secured
 special care unit. A resident who chooses to reside in the secured special care
 unit needs to be able to enter and exit the unit without
 assistance.

Last updated July 12, 2024 at 9:34 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
; 
3721.011

Five Year Review Date:

7/2/2029

Prior Effective Dates:

3/1/2018

Rule 3701-16-09.1 
|
 Skilled nursing care.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Except as provided for in division
 (D) of section 
3721.011
 of the Revised Code, a residential care facility may
 admit or retain individuals who are in need of skilled nursing care beyond the
 supervision of special diets, application of dressings, or administration of
 medication only if the skilled nursing care will be provided on a part-time,
 intermittent basis for not more than a total of one hundred twenty days in any
 twelve-month period regardless of any transfer or discharge and readmission to
 the facility. A part-time, intermittent basis means that skilled nursing care
 is rendered for less than eight hours a day or less than forty hours a week.
 For the purposes of this provision:
(1) The residential care
 facility is obligated to use the following criteria in tracking the one hundred
 and twenty days of part-time, intermittent skilled nursing care permitted under
 this paragraph:
(a) Self-care does not count toward the allowable one hundred
 twenty days;
(b) Services provided by physical and occupational therapists and
 assistants licensed under Chapter 4755. of the Revised Code and speech-language
 pathologists licensed under Chapter 4753. of the Revised Code do not constitute
 skilled nursing care and are not to be counted;
(c) Only days on which skilled nursing care is performed are to
 be counted toward the allowable one hundred and twenty days; and
(d) Medication administration, supervision of therapeutic diets
 or application of dressings will be counted toward the allowable one hundred
 and twenty days, if the residential care facility does not provide for these
 services, pursuant to rule 
3701-16-09
 of the Administrative Code.
(2) Skilled nursing care
 may be provided by one or more of the following:
(a) A home health agency certified under Title XVIII of the
 "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
 amended (1981);
(b) A hospice care program licensed under Chapter 3712. of the
 Revised Code;
(c) A member of the staff who is authorized under state law to
 provide skilled nursing care.
If a resident's condition is in need of
 more skilled nursing care than permitted under this paragraph, the residential
 care facility is obligated to transfer or discharge the resident in accordance
 with section 
3721.16
 of the Revised Code and Chapter 3701-61 of the
 Administrative Code.
(B) Each residential care facility that
 provides skilled nursing care using staff members is obligated to:
(1) Develop and follow
 policies and procedures which assure that the skilled nursing care is provided
 in accordance with acceptable standards of practice;
(2) Ensure that the
 skilled nursing care is provided in accordance with accepted standards of
 practice only by individuals authorized under state law to provide skilled
 nursing care. Skilled nursing care may be delegated in accordance with Chapter
 4723-13 of the Administrative Code;
(3) Except for residents
 receiving medication administration, supervision of special diets, the
 application of dressings, or skilled nursing care permitted by paragraph (D) of
 this rule, evaluate each resident receiving skilled nursing care at least once
 every seven days to determine whether the resident should be transferred to a
 nursing home or other appropriate health care setting. The evaluation and
 determination is obligated to be performed by the appropriate licensed health
 care professional and documented in the resident's record;
(4) Document all skilled
 nursing care provided by the residential care facility in the resident's
 record. Such documentation is obligated to include, but not be limited to,
 medication and treatment orders when needed to authorize provision of a service
 and nurse's notes indicating the nature of the service provided and the
 resident's status. All orders are obligated to be signed and dated by the
 licensed health professional who gave the order within fourteen days after the
 order was given;
(a) Telephone orders are not allowed to be accepted by a person
 other than a licensed nurse on duty, another physician or a pharmacist, except
 that a licensed health professional may receive, document and date medication
 and treatment orders concerning their specific discipline for residents under
 their care, to the extent permitted by applicable licensing laws.
(b) The residential care facility may accept signed treatment and
 medication orders issued by a licensed health professional by facsimile
 transmission if the facility has instituted procedural safeguards for
 authentication and maintaining confidentiality of the facsimile order, and for
 handling the order in an expedient and priority manner.
(c) An entry that is an electronic record as defined in section
 
3701.75
 of the Revised Code may be authenticated by an electronic signature in
 accordance with section 
3701.75
 of the Revised Code.
(5) Meet the skilled
 nursing care needs of each resident receiving care as determined by the
 assessment obligated by rule 
3701-16-08
 of the Administrative Code and
 consistent with the resident agreement obligated by rule 
3701-16-07
 of the
 Administrative Code; and
(6) Ensure that a nurse
 coordinates the overall nursing care of each resident who receives skilled
 nursing care from facility staff.
(C) In addition to paragraphs (A) and (B)
 of this rule, each residential care facility that provides enteral tube
 feedings on a part-time intermittent basis is obligated:
(1) Establish in writing
 the types of enteral tube feedings that are routinely managed by the facility.
 The determination of the types of enteral tube feedings that are provided by
 the facility are to be based on staff education, staff competence, the amount
 of staff experience with the listed types of enteral tube feedings, and support
 services available in the facility;
(2) Develop and follow
 policies and procedures which assure that enteral tube feedings are prepared
 and offered as ordered and that sanitary conditions are maintained in
 procurement, storage, preparation, and the administration of the enteral tube
 feedings;
(3) Document the weight
 of the resident and the resident's acceptance and tolerance of the enteral
 tube feedings in accordance with policies and procedures developed by the
 dietitian and the nurse responsible for the overall nursing care of the
 resident; and
(4) Provide or arrange
 for a dietitian.
(D) A residential care facility may admit
 or retain an individual who is in need of skilled nursing care for more than
 one hundred twenty days in any twelve-month period only if:
(1) The facility has
 entered into a written agreement with each of the following:
(a) The individual, the individual's sponsor, or
 both;
(b) The individual's personal physician or other licensed
 health professional acting within their applicable scope of practice, unless
 either of the following apply:
(i) If the provision of
 the skilled nursing care is not overseen by the individual's personal
 physician, the provider of the skilled nursing care may enter into the
 agreement; or
(ii) If the individual is
 a hospice patient as defined in section 
3712.01
 of the Revised Code, a hospice
 care program licensed under Chapter 3712. of the Revised Code may enter into
 the agreement.
(2) The written agreement
 obligated by this paragraph includes a statement signed by all parties
 acknowledging that they understand the agreement and that the individual's
 needs can be met at the facility. The agreement is not considered complete
 without this signed statement and includes all of the following
 provisions:
(a) That the individual will be provided skilled nursing care in
 the facility only if a determination has been made that the individual's
 needs can be met at the facility. This determination is obligated to be made by
 the residential care facility, the individual's attending physician, and,
 if applicable, the provider of the skilled nursing care;
(b) That the individual will be retained in the facility only if
 periodic re-determinations are made that the individual's needs can be met
 at the facility;
(c) That the re-determinations will be made according to a
 schedule specified in the agreement and as the resident's condition
 necessitates , but no less frequently than every thirty days, except for
 hospice patients whose re-determinations are to be made be no less frequently
 than every fifteen days;
(d) Unless the individual is a hospice patient, the
 individual's personal physician has determined that the skilled nursing
 care the resident or prospective resident needs is routine. For purposes of
 this rule, "routine" does not include those conditions listed in
 paragraph (B) of rule 
3701-16-07
 of the Administrative Code; and
(e) If the individual is a hospice patient, that the individual
 has been given an opportunity to choose the hospice care program that best
 meets the individual's needs.

Last updated July 12, 2024 at 9:34 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
; 
3721.011

Five Year Review Date:

7/2/2029

Prior Effective Dates:

6/21/1997, 4/1/2007

Rule 3701-16-10 
|
 Dietary services; supervision of therapeutic diets.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Each residential care facility is
 obligated to specify in its residential care facility policies and the resident
 agreements, established by rule 
3701-16-07
 of the Administrative Code, the
 amount and types of dietary services it provides. The facility is obligated to
 elect to provide any of the following:
(1) No
 meals;
(2) One, two, or three
 daily meals;
(3) Preparation of
 special diets other than therapeutic diets; one, two, or three daily meals;
 or
(4) Preparation and supervision of
 therapeutic diets. Each facility that elects to supervise therapeutic diets is
 obligated to provide three daily meals and meet the criteria of this chapter of
 the Administrative Code for the supervision of therapeutic diets;
Each residential care facility that provides
 meals is obligated to include a variety of food accommodating religious
 restrictions and ethnic and cultural preferences of residents in accordance
 with the residential care facility's policy
(B) Each residential care facility that
 agrees to provide three daily meals for a resident is obligated to make
 available at least three nourishing, palatable, attractive and appetizing meals
 at regular hours comparable to normal mealtimes in the community. The meals
 will provide the dietary referenced intake of the "Food and Nutrition
 Board" of the "National Academy of Science", be based on a
 standard meal planning guide from a diet manual published by a dietitian,
 approved by a dietitian, or both. Food will be prepared and served in a form
 that meets the resident's individual needs based on the assessment
 conducted pursuant to rule 
3701-16-08
 of the Administrative Code. There will be
 no more than sixteen hours between the evening meal and breakfast. Each
 residential care facility that provides meals is obligated to offer a
 nourishing snack, consisting of a choice of beverages and a food item from a
 basic food group, after the evening meal. Food substitutes of similar nutritive
 value will be offered to residents who refuse the food served and serving size
 may be adjusted according to resident preference. The residential care facility
 is obligated to accommodate a resident's preference or medical need to eat
 at different intervals.
(C) All residential care facilities are
 obligated to provide safe drinking water that is accessible to residents at all
 times.
(D) Each residential care facility that
 does not provide any meals is obligated to ensure that each resident unit is
 appropriately and safely equipped with food storage and preparation appliances
 which the facility maintains in safe operating condition or that each resident
 has access to an appropriately and safely equipped food storage and preparation
 area. Each residential care facility that does not provide any meals is
 obligated to permit residents to store and prepare food in a safe manner in
 their resident units or in a resident food storage and preparation
 area.
(E) Each residential care facility that
 provides one or more meals and that does not permit residents to have food in
 their resident units is obligated to make snacks available twenty-four hours a
 day.
(F) Each residential care facility is
 obligated to have a kitchen and other food service facilities that are adequate
 for preparing and serving the amount and types of meals the facility agrees to
 provide.
(G) If applicable, the residential care
 facility is obligated to have a food service operation license issued under
 Chapter 3701-21 of the Administrative Code.
(H) Each residential care facility that
 provides meals is obligated to:
(1) Procure, store,
 prepare, distribute, and serve all food in a manner that protects it against
 contamination and spoilage;
(2) Maintain at least a
 week supply of staple foods and a two-day supply of perishable foods for
 residents at all times and the amount of such supplies is to be based on the
 number of residents and meals the facility provides daily;
(3) Plan all menus for
 meals at least one week in advance, provided food that varies in texture, color
 and include seasonal foods. Records of dated menus, including therapeutic
 diets, as served, are to be maintained for at least three months and make the
 records available to the director upon request and indicate any food
 substitutions from the menu;
(4) Observe, supervise,
 and assist a resident in consuming meals if the resident needs observation,
 supervision, or assistance;
(5) Ensure that food
 texture is appropriate to the individual needs of each resident, except that
 residential care facility staff are not allowed to perform syringe
 feedings;
(6) Ensure that the kitchen and dining
 areas are cleaned after each meal and :
(a) Transport meals in a sanitary manner to prevent
 contamination;
(b) Provide handwashing facilities, including hot and cold water,
 soap and individual paper towels in the food preparation and service
 area;
(c) Provide and maintain clean and sanitary kitchen and dining
 areas and a clean, sanitary and adequate supply of eating and drinking
 utensils, pots, and pans for use in preparing, serving, and eating appetizing
 meals and snacks; and
(d) Place food scraps and trash in garbage cans with tightfitting
 lids and bag liners and empty garbage cans daily, or more often if needed.
 Nondisposable containers are to be cleaned frequently enough to maintain
 sanitary conditions. Disposable bags of garbage may be stored outside only in a
 non-absorbent container with a close-fitting cover. Liquid wastes resulting
 from compacting are to be disposed of as sewage;
(7) Provide any format of meal service,
 which otherwise meets the criteria established by this rule, with input from
 residents; and
(8) Provide a dining environment as
 natural and independent as possible, comparable with eating at home, with
 choices from a wide variety of food items tailored to the residents' wants
 and needs, which otherwise meet the criteria established by this
 rule.
(I) Each residential care facility that elects to prepare special
 diets other than therapeutic diets is obligated to:
(1) Prepare and provide
 the special diets in accordance with the orders of a physician or other
 licensed health professional acting within their scope of practice, or a
 dietitian; and
(2) Adjust special diet
 menus as ordered by the resident's attending physician or other licensed
 health professional acting within their scope of practice, or a
 dietitian.
(J) Each residential care facility which elects to supervise
 therapeutic diets is obligated to make available three daily meals in
 accordance with paragraph (B) of this rule and provide or arrange for a
 dietitian to plan, direct and implement dietary services that meet the
 residents' nutritional needs and comply with the criteria established by
 this rule and for residents on therapeutic diets on an ongoing
 basis:
(1) Determine that the
 diet ordered is appropriate according to the resident's individual
 nutritional assessment;
(2) Monitor the
 resident's nutritional intake and acceptance of the diet;
(3) Evaluate the
 home's compliance in the provision of the diet; and
(4) Adjust nutritional
 assessments and diets as needed.
(K) If obligated by paragraph (J) of this rules, the dietitian is
 obligated to oversee, monitor and assist in the training of food service staff
 in the preparation and serving of foods for therapeutic diets and consult
 quarterly with the food service staff. Trained unlicensed staff, including the
 dietary manager, may perform routine tasks that:
(1) May be assigned
 pursuant to Chapter 4759. of the Revised Code and this rule; and
(2) Do not necessitate
 professional judgment or knowledge.
(L) Residential care facilities are barred from administering
 parenteral nutrition and a residential care facility may administer enteral
 tube feedings on a part-time intermittent basis in accordance with rule
 
3701-16-09.1
 of the Administrative Code.
(M) A hospice patient's diet is obligated to be planned by a
 dietitian, the hospice program, or both, as appropriate for that
 individual.

Last updated July 12, 2024 at 9:34 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
; 
3721.011
; 
3721.07

Five Year Review Date:

7/2/2029

Prior Effective Dates:

9/29/1996, 6/21/1997

Rule 3701-16-11 
|
 Resident life enrichment; finances; pets; laundry.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Each residential care facility is
 obligated to encourage residents to participate in social, recreational, and
 leisure activities. The residential care facility is obligated to, with
 consideration given to resident preferences, provide or arrange for varied
 activities of sufficient quantity so that residents' lives may be more
 meaningful, to stimulate physical and mental capabilities and to assist
 residents in attaining their optimal social, physical, and emotional
 well-being. The residential care facility is obligated to provide, at minimum,
 all of the following:
(1) One local daily
 newspaper either in digital or paper format, or current community activity
 brochures and advertisements;
(2) Information about
 activities in the community and the availability of transportation to community
 activities; and
(3) An opportunity for
 residents to engage in a variety of activities which may include, but are not
 limited to, internet, television, crafts, reading, or games.
(B) A residential care facility is not
 allowed to coerce, induce, or prompt a resident to assign, transfer, give, or
 sign over to the facility money, valuables, insurance benefits, property, or
 anything of value other than payment for services rendered by the facility. A
 residential care facility is not allowed to manage a resident's financial
 affairs unless authorized by the resident or a sponsor with power of attorney.
 Such authorization is obligated to be in writing and attested to by a witness
 who is not connected in any manner whatsoever with the residential care
 facility or its administrator. A facility that manages a resident's
 financial affairs is obligated to:
(1) Maintain accounts
 pursuant to division (A)(27)(b) of section 
3721.13
 of the Revised Code of
 resident funds and personal property or possessions deposited for safekeeping
 with the facility for use by the resident or resident's sponsor. The
 resident has the right to receive, upon written or oral request, an accounting
 statement of financial transactions made on the resident's behalf. This
 statement is obligated to include a:
(a) Complete record of all funds, personal property, or
 possessions from any source whatsoever, that have been deposited for
 safekeeping with the facility for use by the resident or resident's
 sponsor; and
(b) Listing of all deposits and withdrawals transacted,
 substantiated by receipts that are available for inspection and copying by the
 resident or sponsor.
(2) Deposit the
 resident's funds in excess of one thousand dollars, and may deposit the
 resident's funds that are one thousand dollars or less, in an
 interest-bearing account separate from any of the facility's operating
 accounts. Interest earned on the resident's funds is obligated to be
 credited to the resident's account. A resident's funds that are one
 thousand dollars or less and have not been deposited in an interest-bearing
 account may be deposited in a noninterest-bearing account or petty cash
 fund.
(3) Purchase a surety
 bond or otherwise provide assurance satisfactory to the director to assure the
 security of all residents' funds managed by the facility.
(4) Upon the
 resident's transfer, discharge, or death, close all resident accounts,
 make a final accounting, and make provisions for the conveyance of any
 remaining funds to the resident or the resident's estate.
(5) Allow the resident
 access to their funds during normal bank business hours within the
 community.
(6) Not mandate that a
 resident allow the facility to manage the resident's financial affairs as
 a condition of admission to the facility.
(C) Neither the administrator of a
 residential care facility nor facility staff may serve as the guardian or
 attorney-in-fact of a resident unless related by blood, marriage, or adoption
 to that resident.
(D) Residents may keep pets if allowed
 by facility policy. If a residential care facility allows residents to keep
 animals or pets, or has facility pets, the facility is obligated to consult
 with a veterinarian licensed to practice veterinary medicine under Chapter
 4741. of the Revised Code, establish and implement a written protocol regarding
 animals and pets that protects the health and safety of residents and staff
 members. At minimum, the written protocol is obligated to include:
(1) An annual physical
 examination, including an examination for internal and external
 parasites;
(2) Vaccinations for
 common infectious agents, including rabies;
(3) Any other preventive
 care necessary to protect the health, safety and rights of
 residents;
(4) Procedure to follow
 if an animal:
(a) Bites a person; or
(b) Becomes ill or injured;
(5) For resident pets, if
 the resident is transfered, discharged or otherwise unable to care for the pet,
 responsibilities for care of the pet until a family member or sponsor can
 retrieve the pet;
(6) In the case of a
 facility pet, the name of the designated member or members of the staff
 responsible for the care of the animal and for maintaining the protocol,
 including medical records for the animal; and
(7) An evaluation of the
 medical needs of residents.
(E) The residential care facility is
 obligated to specify in the resident agreements established by rule 
3701-16-07

 of the Administrative Code what laundry services it provides. The residential
 care facility is obligated to launder or assist in arranging for the laundering
 of all clothing and bed and bath linen for residents who are in need of laundry
 services as described in the resident agreement. The facility may provide a
 washer and dryer in the home for residents' use or may provide residents
 with transportation to and from a laundromat.

Last updated July 12, 2024 at 9:34 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.07
; 
3721.01

Five Year Review Date:

7/2/2029

Prior Effective Dates:

4/1/2007

Rule 3701-16-12 
|
 Changes in residents' health status; incidents; infection control; tuberculosis control plan.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) In the event of a significant adverse
 change in residents' health status, the residential care facility is
 obligated to do all of the following:
(1) Take immediate and
 proper steps to see that the resident receives necessary intervention
 including, if needed, medical attention or transfer to an appropriate medical
 facility;
(2) Make a notation of
 the change in health status and any intervention taken in the resident's
 record;
(3) Provide pertinent
 resident information to the person providing the intervention as soon as
 possible; and
(4) Notify the sponsor
 unless the resident refuses or requests otherwise.
(B) As used in this paragraph,
 "incident" means any accident or episode involving a resident, staff
 member, or other individual in a residential care facility which presents a
 risk to the health, safety, or well-being of a resident. In the event of an
 incident, the facility is obligated to do both of the following:
(1) Take immediate and
 proper steps to see that the resident or residents involved receive necessary
 intervention including, if needed, medical attention or transfer to an
 appropriate medical facility; 
(2) Investigate the
 incident and document the incident and the investigation and include
 information that will enable staff to identify to the director upon request,
 the resident involved in an incident. The facility is obligated to maintain an
 incident log separate from the resident record which is accessible to the
 director and contains the time, place, and date of the occurrence; a general
 description of the incident; and the care provided or action taken. The
 facility is obligated to document the incident in the resident's
 record.
(C) Each residential care facility will
 establish and implement appropriate written policies and procedures to assure a
 safe, sanitary, and comfortable environment for the residents and to control
 the development and transmission of infections and diseases. Each residential
 care facility is obligated to establish an infection prevention and control
 program to monitor compliance with the home's infection prevention and
 control policies and procedures, to prevent, investigate, and control
 infections in the home, to institute appropriate interventions, and ensure all
 staff are appropriately trained on the home's infection prevention and
 control protocol. An effective infection control program includes:
(1) Each residential care
 facility is obligated to designate one or more individuals as the infection
 prevention and control designee and provide that individuals name and contact
 information, including an electronic mail address, on an electronic system
 prescribed by the director no later than ten days after hiring or appointing
 the individual and no later than ten days after the individual's contact
 information changes or the designated individual is replaced. The infection
 control designee is responsible for the facility's infection prevention
 and control program. The infection prevention and control designee will have:
 
(a) Completed post-secondary education in a health-related
 field including but not limited to medicine, nursing, medical technology,
 laboratory technology, public health, epidemiology, or biology;
(b) Have education, training, or experience in infection
 control; and
(c) Work at least part-time at the facility or hold a
 contract to provide infection prevention and control at least part-time at the
 facility.
A residential care facility located in the
 same building as a nursing home, or on the same lot as a nursing home, both of
 which are owned and operated by the same entity, will be considered to have met
 this requirement if the nursing home has an infection prevention and control
 designee who is responsible for both the residential care facility and nursing
 home.
(2) A tuberculosis control plan that
 meets the standards set forth in rule 
3701-15-03
 of the Administrative
 Code.
(3) A written surveillance plan outlining
 the activities for monitoring/tracking infections based on
 nationally-recognized surveillance criteria such as McGeer criteria
 and:
(a) Includes a surveillance system that includes a data
 collection tool;
(b) Uses surveillance data to:
(i) Implement timely
 corrective action when a greater than expected number healthcare-associated
 infections are detected; and
(ii) Implement timely
 corrective actions when transmission of targeted MDROs (e.g., CRE, Candida
 auris) are detected.
(4) Written standards,
 policies, and procedures for the program, which must include, but are not
 limited to: 
(a) Standard and transmission-based precautions to be
 followed to prevent spread of infections; 
(b) When and to whom possible incidents of communicable
 disease or infections should be reported; 
(c) When and how isolation should be used for a resident;
 including but not limited to: 
(i) The type and duration
 of the isolation, depending upon the infectious agent or organism involved; and
 
(ii) A requirement that
 the isolation should be the least restrictive possible for the resident under
 the circumstances.
(5) Written standards,
 policies, and procedures under which the facility will prohibit employees with
 a communicable disease or infected skin lesions from direct contact with
 residents or their food, if direct contact will transmit the disease;
 
(6) The hand hygiene
 procedures to be followed by staff involved in direct resident contact,
 including, but not limited to: 
(a) Washing hands for twenty seconds with soap and water;
 or
(b) Cleaning of hands with an alcohol-based product used
 according to manufacturer's directions or other alternative methods
 accepted by the United States centers for disease control and prevention or US
 food and drug administration, as being an effective alternative, or handwashing
 with soap and water.
(7) Written standards,
 policies, and procedures for laundry to ensure personnel handle, store,
 process, and transport linens so as to prevent the spread of infection
 including: 
(a) Handling soiled laundry as little as
 possible;
(b) Placing of laundry that is wet or soiled with body
 substances in impervious bags that are secured to prevent spillage;
 and
(c) Wearing of impervious gloves and impervious gowns by
 individuals performing laundry services, and, if handling soiled or wet laundry
 on the unit, the wearing of gloves and, if appropriate, other personal
 protective equipment.
(D) Each residential care facility will
 establish and implement an effective water management program to identify
 hazardous conditions, and take steps to manage the risk of occurrence and
 transmission of waterborne pathogens, including but not limited to legionella,
 in building water systems in accordance with guidance from the United States
 centers for disease control and prevention (available at
 https://www.cdc.gov/legionella/wmp/overview.html) and recommendations of the
 United States centers for disease control and prevention healthcare infection
 control practices advisory committee, "Environmental Infection Control
 Guidelines" (2019) or its successors.
(E) If the residential care facility provides an adult day
 care program which is located, or shares space, within the same building as the
 residential care facility, shares staff between the program and the facility,
 or where the day care participants at any time intermingle with residents of
 the facility, the requirements of this rule are also applicable to participants
 of the adult day care program.

Last updated July 12, 2024 at 9:35 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.07
; 
3721.01

Five Year Review Date:

7/2/2029

Prior Effective Dates:

12/28/2014

Rule 3701-16-13 
|
 Building, plumbing, fire and carbon monoxide safety requirements.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) The building or buildings in which a
 residential care facility is located are obligated to be approved by and have a
 certificate of occupancy for the appropriate use group designation issued by
 the local certified building department with jurisdiction over the area in
 which the building or buildings are located, or by the department of commerce
 if there is no local certified building department. In the case of a license
 renewal, if any alterations to the buildings have been made since the original
 license was issued or the license was last renewed, whichever is later, the
 residential care facility is obligated to have a certificate of occupancy for
 the residential care facility issued by the department of commerce or a local
 certified building department.
(B) The plumbing fixtures in a
 residential care facility are obligated to conform to the applicable provisions
 of the Ohio plumbing code.
(C) All plumbing is to be installed in
 accordance with the Ohio plumbing code and maintained free of leakage and odors
 and have adequate water pressure to reasonably ensure resident health and
 safety protection. This includes, but is not limited to, plumbing
 in:
(1) Water
 closets;
(2) Service
 sinks;
(3) Kitchens;
(4) Utility
 closets;
(5) Public and resident
 bathrooms;
(6) Shower and bathing
 areas; and
(7) Drinking
 fountains.
(D) Lavatories, bathing facilities, and
 shower facilities are to be provided with pressure balancing thermostatic
 mixing devices in accordance with the Ohio plumbing code to prevent
 unanticipated changes in hot water temperatures.
(E) The water supply for a residential
 care facility is to be taken from a public supply, if available. Each
 residential care facility using a water source other than a public water system
 is obligated to comply with all applicable local and state regulations
 regarding the construction, development, installation, alteration, and use of
 private water systems.
(F) Each residential care facility not
 using a public sewage disposal system is obligated to comply with all
 applicable local and state regulations regarding the construction, development,
 installation, alteration, and use of household sewage disposal
 systems.
(G) Each residential care facility is
 obligated to comply with all the applicable state fire code standards of
 Chapter 1301:7-7 of the Administrative Code.
(H) Each residential care facility is
 obligated to be inspected for fire safety in accordance with paragraph (A) of
 rule 
3701-16-04
 of the Administrative Code.
(I) Each residential care facility is
 obligated to provide paths of clear and unobstructed access to egress exits.
 Additionally, the propping open of a door through the use of door stops,
 wedges, or other devices is only permitted with approved hold-open devices that
 release with the loss of facility power and/or with the engagement of the fire
 alarm or sprinkler system.
(J) Each residential care facility is obligated to develop and
 maintain a written disaster preparedness plan to be followed in case of
 emergency or disaster. A copy of the plan is obligated to be readily available
 at all times within the residential care facility and a copy of the disaster
 preparedness plan is to be maintained electronically to ensure off-site access
 in the event of emergency. The plan is obligated to include the
 following:
(1) Procedures for
 evacuating all individuals in the residential care facility, which include the
 following:
(a) Provisions for evacuating residents with impaired mobility;
 and
(b) Provisions for transporting all of the residents of the
 residential care facility to a predetermined appropriate facility or facilities
 that will accommodate all the residents of the residential care facility in
 case of a disaster requiring evacuation of the residential care
 facility.
(2) A plan for protection
 of all persons in the event of fire and procedures for fire control and
 evacuation, including a fire watch and the prompt notification of the local
 fire authority and state fire marshal's office when a fire detection, fire
 alarm, or sprinkler system is impaired or inoperable. For purposes of this
 rule, "fire watch" means the process set forth in the Ohio fire code
 for detecting and immediately alerting residents, staff, and the responding
 fire department of a fire or other emergency while the building's fire
 alarm or sprinkler system is impaired, inoperable or undergoing
 testing;
(3) Procedures for
 locating missing residents, including notification of local law
 enforcement;
(4) Procedures for
 ensuring the health and safety of residents during severe weather situations,
 such as tornadoes and floods, and designation of tornado shelter areas in the
 facility;
(5) Procedures, as
 appropriate, for ensuring the health and safety of residents in residential
 care facilities located in close proximity to areas known to have specific
 disaster potential, such as airports, chemical processing plants, and railroad
 tracks; and
(6) Each residential care
 facility will notify the director by electronic mail or telephone when there is
 an interruption of normal business services due to an emergency or a disaster
 involving the facility.
(K) Each residential care facility is obligated to conduct the
 following drills unless the state fire marshal allows a home to vary from this
 obligation and the residential care facility has written documentation to this
 effect from the state fire marshal:
(1) Twelve fire exit
 drills, one conducted on each shift at least every three months to familiarize
 staff members and residents with signals, evacuation procedures and emergency
 actions that may be necessary under varied times and conditions. Fire exit
 drills will include the transmission of a fire alarm signal to the appropriate
 fire department or monitoring station, verification of receipt of that signal,
 and simulation of emergency fire conditions except that the movement of infirm
 and bedridden residents to safe areas or to the exterior of the structure is
 not necessary for these drills. Drills conducted between nine p.m. and six a.m.
 may use a coded announcement instead of an audible alarm. Residential care
 facilities that have an alarm system that is not capable of sending a fire
 alarm signal if an audible alarm is not used are obligated to transmit a fire
 alarm signal and verify receipt of that signal no more than twelve hours after
 the coded announcement. Fire drills will meet the following
 standards.
(a) Each staff member is obligated to participate in at least one
 fire drill annually.
(b) One staff member with knowledge of the disaster preparedness
 plan and the fire evacuation routes is obligated to be designated to observe
 and evaluate each drill and not participate in that drill.
(c) Residents capable of self-evacuation are to be actually
 evacuated to safe areas or to the exterior of the residential care facility in
 at least two fire drills a year on each shift. Movement of non-ambulatory
 residents to safe areas or to the exterior of the facility is not necessary for
 these drills.
(2) At least two disaster
 preparedness drills per year, one of which is a tornado drill which is
 conducted during the months of March through July.
(3) The residential care
 facility will reset the alarms after each drill.
(L) Each residential care facility is obligated to investigate
 and take corrective action for all problems encountered in the drills obligated
 under paragraph (K) of this rule.
(M) Each residential care facility is obligated to keep a written
 record and evaluation of each fire drill which includes the date, time, staff
 member attendance, method of activation, effectiveness of the drill procedures,
 number of individuals evacuated, total time for evacuation, and the weather
 conditions during the evacuation, and of each tornado drill. Any problems
 encountered and the corrective actions taken are to be included in the written
 record. This record is to be maintained in the facility for three
 years.
(N) Each residential care facility is obligated to post in a
 conspicuous place in each section or floor of the residential care facility a
 correctly oriented wall-specific floor plan designating room use, locations of
 alarm sending stations, evacuation routes and exits, fire alarms and fire
 extinguishers, and flow of resident evacuation.
(O) The buildings in which a residential care facility is housed
 are obligated to be equipped with both an automatic fire extinguishing system
 and fire alarm system that conform to standards set forth in rules 4101:1-1 to
 4101:1-35 and rules 
1301:7-7-01
 to 
1301:1-7-47
 of the Administrative Code.
 Records of the installation, testing and maintenance of both systems are to be
 maintained at the facility and produced for inspection upon
 request.
(P) All staff members in each residential
 care facility are to be trained in fire control and evacuation procedures
 within three working days of beginning employment. A staff member is not
 allowed to stay alone in the residential care facility with residents until the
 staff member has received the training in fire control and evacuation
 procedures established by this rule.
(Q) Each residential care facility is obligated to provide for
 annual training in fire prevention for regularly scheduled staff members on all
 shifts to be conducted by the state fire marshal or township, municipal or
 local legally constituted fire department. Records of this training are to be
 maintained at the facility.
(R) Each residential care facility is obligated to train all
 residents in the proper actions to take in the event of fire, tornado,
 disaster, or other emergency.
(S) Each residential care facility is obligated to conduct at
 least monthly a fire safety inspection which is recorded on forms provided by
 the department and kept on file in the facility for three years.
(T) Each residential care facility is
 obligated to install carbon monoxide detectors in accordance with section 915.
 of the Ohio Fire Code.
(U) Smoking, as defined in rule 
3701-52-01
 of the
 Administrative Code, which includes the use of an electronic smoking device and
 a vapor product, are permitted only in properly designated areas which may
 include resident units with the approval of the administrator. No staff member,
 resident of a residential care facility or other persons in the facility is
 permitted to smoke, carry a lighted cigarette, cigar, or pipe or use any spark
 or flame producing device in any room or area in the facility where oxygen is
 stored or in use. Approved terminals of a piped oxygen supply does not
 constitute storage. "No smoking" signs are to be posted in areas and
 on doors of rooms where oxygen is stored or in use. Each residential care
 facility is obligated to take reasonable precautions to ensure the safety of
 all residents when permitting residents to smoke. Ash trays, wastebaskets or
 containers into which burnable materials are placed cannot be made of materials
 which are flammable, combustible, or capable of generating quantities of smoke
 or toxic gases and shall be used solely for that purpose. Such containers are
 to be made readily available in all areas where smoking is permitted.
 Residential care facilities that allow outdoor resident smoking are obligated
 to make accommodations for residents during adverse weather
 conditions.
(V) Each residential care facility is obligated to maintain
 all electrical systems including, but not limited to, cords, switches, lighting
 fixtures, and lamps in good, safe operating condition and ensure that
 appliances are in good, safe operating condition;
(W) Each residential care facility is obligated to report
 any incident of fire, damage due to fire and any incidence of illness, injury
 or death due to fire or smoke inhalation of a resident within twenty-four hours
 to the office of the state fire marshal and the department on forms provided by
 these entities.
(X) Each residential care facility is obligated to maintain
 written transfer agreements with other facilities that can meet the needs of
 residents who are in need of transfer because their health and safety is or
 potentially is adversely affected by conditions in the facility.

Last updated July 12, 2024 at 9:35 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.02
; 
3721.03
, 
3721.07
, 
3721.071

Five Year Review Date:

7/2/2029

Prior Effective Dates:

9/29/1996, 4/1/2007, 1/1/2013

Rule 3701-16-14 
|
 Space requirements.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) For purposes of this rule,
 "habitable floor area" means the clear floor area of a bedroom or
 resident unit and the floor area occupied by the usual room furniture, such as
 beds, chairs, sofas, dressers, and tables and does not include areas
 partitioned off in the bedroom or resident unit such as closets and toilet
 rooms.
(B) Each residential care facility is
 obligated to provide resident unit space for each resident which meets the
 following criteria:
(1) Except as provided
 for in paragraphs (B)(1)(a) and (B)(1)(b) of this rule, in facilities which
 were licensed prior to December 22, 1964, and in continuous operation since
 that date, every single-occupancy bedroom is obligated to have a habitable
 floor area of not less than eighty square feet and every multi-occupancy
 bedroom is obligated to have a habitable floor area of not less than seventy
 square feet per person.
(a) Resident units added after December 22, 1964, are obligated
 to comply with paragraph (B)(2) of this rule; and
(b) Any building licensed as a facility on or before December 22,
 1964, that discontinued operating as a facility and later resumed facility
 operation is obligated to comply with paragraph (B)(2) of this
 rule;
(2) For every building or
 addition to a building erected or converted to use or initially licensed as a
 facility after December 22, 1964, every single-occupancy resident unit is
 obligated to have a habitable floor area of not less than one hundred square
 feet and every multi-occupancy resident unit is obligated to have a habitable
 floor area of not less than eighty square feet per person;
(3) No resident unit,
 bedroom, or similar division used for sleeping purposes by residents is allowed
 to be occupied by more than four residents;
(4) A resident unit is
 not allowed to be used as a passageway to other areas of the residential care
 facility;
(5) Each resident will
 have a resident-activated resident call system as defined by paragraph (FF) of
 rule 
3701-16-01
 of the Administrative Code, in good working order that, at
 minimum, provides for the transmission of calls from resident rooms and toilet
 and bathing facilities and cannot be deactivated from any location except from
 where the resident initiated the call, unless the staff is able to communicate
 with the resident;
(6) Resident units are
 obligated to be separated from halls, corridors, and other rooms by permanent
 floor-to-ceiling walls. Temporary partitions are not allowed to be used to
 separate resident units;
(7) Each resident bedroom
 is obligated to have a minimum of one window opening to the outside or to an
 atrium with a curtain, shade, or other appropriate covering to assure privacy
 and a screen if the window is operable;
(8) Each residential care
 facility is obligated to ensure that each resident unit is equipped with the
 furnishings and supplies specified in paragraph (C) of rule 
3701-16-15
 of the
 Administrative Code; and
(9) Each residential care
 facility is obligated to assign non-ambulatory residents to resident units on a
 floor that exits to ground level unless there is an elevator to accommodate
 movement of such residents to other floors of the facility.
(C) Each residential care facility that
 provides meals is obligated to have at least one room or suitable area with
 comfortable, safe, and functional furniture to be used by residents for dining
 purposes that comfortably accommodates the number of residents to whom the
 residential care facility provides meals. 
(D) As used in this rule,
 "bathroom" means a room or rooms including at least one toilet, one
 shower or bathtub, and one sink. Each residential care facility is obligated to
 provide at least one toilet, one shower or bathtub, and one sink for every
 eight residents living in the residential care facility. Each residential care
 facility is obligated to meet the following standards regarding bathroom
 facilities:
(1) The bathrooms and all
 the facilities therein are to be in good repair, in a clean and sanitary
 condition, free from filth and accumulation of waste;
(2) Bathrooms and all
 fixtures therein ensure resident privacy and dignity. Where there are more than
 one toilet or more than one bathtub or shower in a bathroom, each toilet and
 each bathtub or shower is to be enclosed in such a way as to maintain the
 privacy of each resident;
(3) Bathrooms are obligated to conform to
 the Ohio building code;
(4) At all times, bathrooms and all the
 facilities therein are to be kept in good repair, in a clean and sanitary
 condition, and free from filth and accumulated waste, and be provided with a
 supply of toilet tissue, unless provided by the resident as specified in the
 resident agreement. Each hand washing basin will be provided soap and a
 self-draining device or other appropriate dispenser unless provided by the
 resident as specified in the resident agreement;
(5) Each bathtub and shower will have a
 nonskid surfacing and handrails or grab bars. Each residential care facility is
 obligated to provide handrails or grab bars near each toilet in resident units
 occupied by individuals who need assistance with activities of daily living or,
 if resident units do not have toilets, near a sufficient number of toilets on
 each floor of the facility to accommodate such individuals; and
(6) Each bathtub, shower, and sink will
 have hot and cold running water. If the residential care facility is in control
 of the hot water temperature, the hot water is to be at least one hundred five
 degrees fahrenheit and no more than one hundred twenty degrees fahrenheit at
 the point of use. If a resident is in control of the hot water temperature in
 their resident unit, the residential care facility is obligated to ensure that
 the hot water is at a safe temperature sufficient to meet the preferences of
 the resident.
(E) As used in this paragraph,
 "toilet room" means a room or rooms conforming to the Ohio building
 code, and including a water closet and a lavatory which is located in or
 adjacent to the room in which the water closet is located. The residential care
 facility is obligated to provide toilet tissue, soap in a self-draining device
 or other appropriate dispenser, and individual paper towels or a hand dryer for
 all toilet rooms or bathrooms open to staff, visitors, or both.

Last updated July 12, 2024 at 9:35 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.02
, 
3721.03
, 
3721.07
, 
3721.071

Five Year Review Date:

7/2/2029

Prior Effective Dates:

12/21/1992, 1/1/2013

Rule 3701-16-15 
|
 Building maintenance, equipment and supplies.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Each residential care facility is
 obligated to maintain heating, electrical, and other building service equipment
 in good working and safe condition and have its central heating system checked
 every two years by a heating contractor.
(B) Each residential care facility is
 obligated to maintain a clean, healthy environment by at minimum:
(1) Establishing and
 implementing housekeeping and maintenance procedures to assure a clean, safe,
 sanitary environment;
(2) Providing durable
 garbage and refuse receptacles to accommodate waste. The residential care
 facility is obligated to store all garbage and other refuse in leakproof
 containers with tight fitting covers until time of disposal, and dispose all
 waste in a satisfactory manner; and
(3) Eliminating any
 existing insects and rodents and taking effective measures to prevent the
 presence of insects and rodents in or around any building used for a
 residential care facility or part thereof. The extermination of insects and
 rodents is to be done in such a manner as not to create a fire or health
 hazard.
(C) Unless the resident chooses to bring
 their own or as specified in the resident agreement, the residential care
 facility is obligated to provide each resident with the following bedroom
 furnishings and supplies:
(1) An individual bed
 equipped with springs that is sturdy, safe, and in good condition as well as a
 clean comfortable flame resistant mattress or a clean comfortable mattress with
 a flame resistant mattress cover. Rollaway beds and cots, double deck beds,
 stacked bunk beds, hide-a-bed couches, or studio couches do not meet the
 standards of this rule. If the resident chooses to sleep on an alternate piece
 of furniture, such as a reclining chair, the facility is obligated to ensure
 that a bed meeting the standards of this rule remains available to the
 resident;
(2) Bed linen which
 includes at least two sheets, a pillow and pillow case, a bedspread, and one
 blanket that fit properly and are free of tears, holes, and excessive fraying
 or wear. The residential care facility is obligated to:
(a) Ensure that the mattresses of incontinent residents are
 protected with an intact waterproof material unless contraindicated or
 otherwise ordered by a physician or other licensed healthcare professional
 working within their scope of practice; and
(b) Provide each resident with additional blankets and pillows
 upon request and ensure that two sets of bed linens are available for each bed
 at all times. Residential care facilities are obligated to ensure that bed
 linen is changed weekly and more often if soiled or requested by the
 resident;
(3) Closet or wardrobe
 space with a minimum width of twenty-two inches of hanging space sufficient in
 height and equipped for hanging full length garments and at least one shelf of
 adequate size within reach of the resident;
(4) A bedside table,
 personal reading lamp, adequate bureau, dresser or equivalent space, a mirror
 appropriate for grooming, a waste basket with liners, and a chair with a padded
 back and seat, with arms for lateral support. If a resident has a wheelchair,
 the wheelchair may meet this standard unless the resident indicates he or she
 wants a comfortable chair in addition to the wheelchair;
(5) Bath linen that
 includes at least two full towels, two face towels, and two
 washcloths;
(6) A shower curtain and
 appropriate hanging devices; and
(7) Basic toiletry items
 and paper products.
(D) In meeting the criteria set forth in
 paragraph (C) of this rule, residential care facilities may allow residents to
 provide all or part of the bedroom furnishings and supplies listed under
 paragraphs (C)(1) to (C)(7) of this rule if the bedroom furnishings and
 supplies meet the criteria set forth in paragraphs (C)(1) to (C)(7) of this
 rule and there is sufficient space in the residential care facility. Residents
 who smoke are obligated to provide documentation that the mattress they bring
 to the residential care facility is flame resistant. Residents are to be
 permitted to bring personal furnishings and items in addition to the bedroom
 furnishings and supplies listed under paragraphs (C)(1) to (C)(7) of this rule
 if the personal furnishings and items do not create a safety hazard or infringe
 upon the rights of other residents.
(E) A residential care facility is obligated to arrange for the
 provision of at least a double size bed, upon request of a married couple or
 other consenting adult residents sharing a room in accordance with the
 residential care facility's policy, unless there is an overriding
 documented medical reason that puts one of the consenting parties at risk of
 health and safety or there is a risk to other residents.
(F) All residential care facilities are obligated to have the
 supplies and equipment necessary to provide the services needed by the
 residents admitted to or retained in the facility. The residential care
 facility is obligated to keep all equipment and supplies in the facility clean
 and usable and store them satisfactorily and safely when not in
 use.
(G) Waste baskets or containers in common areas where burnable
 materials may be placed are forbidden from being made of materials which are
 flammable, combustible or capable of generating quantities of smoke or toxic
 gases.
(H) Each residential care facility is obligated to provide at
 least one non-pay telephone to which residents have reasonable access at all
 times for making local calls in a location or manner which affords privacy. The
 residential care facility is obligated to arrange for a method by which
 residents can make long-distance calls from the residential care facility at
 the residents' expense.
(I) Each residential care facility is obligated to meet the
 following safety and maintenance standards:
(1) The residential care
 facility is obligated to keep floors in good repair and ensure that rugs used
 in the facility are secured in a manner that does not create a safety
 hazard;
(2) The residential care
 facility is obligated to keep corridors, entrances, exits, fire escape routes
 and outside pathways in good repair, free of obstacles, and ice and snow.
 Buildings that are constructed or converted for use as residential care
 facilities after April 1, 2007, are obligated to have accessible means of
 egress that open to a hard surface leading to a public way;
(3) Common areas and
 exits will be well-lighted;
(4) The residential care
 facility is obligated to store poisonous and hazardous materials in clearly
 labeled containers, away from foodstuffs and medication and poisonous and
 hazardous materials shall be stored in accordance with the manufacturer's
 instructions and applicable provisions of the Ohio fire code;
(5) If resident units
 have locks, the residential care facility is obligated to have duplicate keys
 or a master key available and readily accessible at all times to the staff
 members on duty or present in the facility for use in case of
 emergency;
(6) The residential care
 facility is obligated to maintain first-aid supplies in a closed but unlocked
 container which is easily accessible to the administrator and
 staff;
(7) The residential care
 facility is obligated to maintain its buildings and grounds in a clean and
 orderly manner; and
(8) Residential care
 facilities is not allowed to mandate that residents or staff members to obtain
 approval from the operator, administrator or staff member prior to telephoning
 for assistance in the event of an emergency. Each residential care facility is
 obligated to prominently display emergency telephone numbers, such as the fire
 and police department numbers, at each telephone maintained by the residential
 care facility.

Last updated July 12, 2024 at 9:35 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.07

Five Year Review Date:

7/2/2029

Prior Effective Dates:

4/1/2007, 1/1/2013

Rule 3701-16-16 
|
 Temperature regulation in residential care facilities.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) For the purposes of this
 rule:
(1) "Resident
 area" means any area within a residential care facility that is occupied
 at any time by a resident.
(2) "Temperature
 range" means between seventy-one degrees Fahrenheit and eighty-one degrees
 Fahrenheit.
(B) Each residential care facility is
 obligated to maintain the temperature range and humidity in resident areas at a
 safe and comfortable level and have a device, such as a hand held hygrometer or
 infrared thermometer, to check the ambient temperature of the
 rooms.
(C) Residents in rooms containing
 separate heating and cooling systems who are capable of controlling them may
 maintain the temperature of their rooms at any level they desire except the
 residential care facility is obligated to take appropriate intervention if a
 resident's desired temperature level adversely affects or has potential
 for adversely affecting the health and safety of the resident or the health,
 safety and comfort of any other resident sharing the resident
 room.
(D) Each residential care facility, in
 consultation with a physician or an appropriate health care professional acting
 within the professional's scope of practice, is obligated to develop
 written policies and procedures for responding to temperatures in resident
 areas that are outside the temperature range as defined in paragraph (A) of
 this rule. The policies and procedures will include at least the following
 items:
(1) An identification of
 available sites within or outside the residential care facility to which
 residents can be relocated temporarily and of other suitable health care
 facilities or facilities that provide personal care services that will be
 available to receive transfers of residents if the temperature level adversely
 affects or has potential for adversely affecting the health and safety of
 residents;
(2) Measures to be taken
 to assure the health, safety and comfort of residents who remain in the
 facility when temperatures are outside the temperature range as defined in
 paragraph (A) of this rule; and
(3) Identification of the
 circumstances that necessitate notification of the resident's attending
 physician or other licensed healthcare professional working within their scope
 of practice, or that necessitate medical examinations or other medical
 intervention and appropriate time frames for these actions.
(E) Whenever the temperature in any
 resident area is outside the temperature range as defined in paragraph (A) of
 this rule, the residential care facility immediately is obligated to evaluate
 the situation, monitor residents, and take appropriate action to ensure the
 health, safety and comfort of its residents, including but not limited to
 implementation of the policies and procedures developed under paragraph (D) of
 this rule. The residential care facility is obligated to document all action
 taken under this paragraph and maintain, on site, documentation of action taken
 during the current calendar year and during the preceding calendar
 year.
(F) Each residential care facility is
 obligated to maintain appropriate arrangements with qualified persons that
 provide for emergency service in the event of an electrical, heating,
 ventilation or air conditioning failure or malfunction and maintain
 documentation of the arrangements such as employment or other written
 agreements. The residential care facility is obligated to ensure that all
 necessary repairs are completed within forty-eight hours or less. If, for
 reasons beyond the facility's control, repairs cannot be completed timely,
 the residential care facility is obligated to take any necessary action, as
 specified in paragraph (E) of this rule, and provide for the repairs to be
 completed as soon as possible.

Last updated July 12, 2024 at 9:35 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.01
; 
3721.011

Five Year Review Date:

7/2/2029

Prior Effective Dates:

12/21/1992, 3/1/2018

Rule 3701-16-17 
|
 Records and reports.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) Each residential care facility is
 obligated to maintain records which are able to be made available for
 inspection at all times when requested by the director, including:
(1) An individual record
 for each resident that is stored in a manner that protects and ensures
 confidentiality, except that information is immediately accessible for an
 emergency;
(a) Each resident record will be started immediately upon
 admission to the residential care facility and include the
 following:
(i) The resident's
 name, previous address, date of birth, gender, race, religion; the date the
 resident began living at the residential care facility; the names, addresses,
 and telephone numbers of the resident's attending physician, nearest
 relative, current guardian, if any, and any other individuals the resident
 designates to be contacted, including individuals to be notified in the event
 of an emergency. If applicable, the contact information of the nearest relative
 or guardian is obligated to be reviewed and updated every six months to ensure
 appropriate notification in the event of an emergency, quarantine, or closure
 .The residential care facility is not allowed to coerce a resident to provide
 any of this information;
(ii) Copies of the health
 assessments in accordance with rule 
3701-16-08
 of the Administrative
 Code;
(iii) Notations about
 incidents and adverse changes in health status in accordance with rule
 
3701-16-12
 of the Administrative Code;
(iv) A medication record
 in accordance with paragraph (I)(7) of rule 
3701-16-09
 of the Administrative
 Code as well as any medicare-D plan, if any, in which the resident is enrolled
 and receives prescription medication;
(v) Documentation in
 accordance with paragraph (J) of rule 
3701-16-10
 of the Administrative Code for
 residents on therapeutic diets;
(vi) A written resident
 agreement in accordance with rule 
3701-16-07
 of the Administrative
 Code;
(vii) Documentation in
 accordance with paragraphs (J)(5) of rule 
3701-16-09
 and (B)(4) and (C)(3) of
 rule 
3701-16-09.1
 of the Administrative Code for residents receiving skilled
 nursing care provided by the residential care facility; and
(viii) A copy of risk
 agreements entered into under paragraph (G) of rule 
3701-16-07
 of the
 Administrative Code and the signed statement in accordance with paragraph (H)
 of rule 
3701-16-07
 of the Administrative Code, if applicable;
(2) An incident log in
 accordance with paragraph (B)(2) of rule 
3701-16-12
 of the Administrative
 Code;
(3) Copies of all current
 licenses, approvals and inspections in accordance with rules 
3701-16-01
 to
 3701-16-18 of the Administrative Code;
(4) A record of the name,
 address, working hours, medical statements, and training for staff
 members;
(5) Documentation of
 compliance with rule 
3701-16-16
 of the Administrative Code;
(6) Fire and evacuation
 procedures and records of fire drills in accordance with rule 
3701-16-13
 of the
 Administrative Code;
(7) Records of heating
 system checks in accordance with paragraph (A) of rule 
3701-16-15
 of the
 Administrative Code and fire extinguishing system checks;
(8) Records in accordance
 with state and federal laws and regulations as to the purchase, dispensing,
 administering, and disposition of prescription medications including unused
 portions;
(9) The residents'
 rights policies, procedures and records; and
(10) Other records in
 accordance with Chapter 3721. of the Revised Code and rules 
3701-16-01
 to
 3701-16-18 of the Administrative Code.
(B) All records and reports maintained in accordance Chapter
 3701-13 of the Administrative Code are to be maintained and made available in
 accordance with that chapter.
(C) The residential care facility is obligated to:
(1) Maintain records kept
 in accordance with paragraphs (A)(1) and (A)(2) of this rule, for seven years
 following the date of the resident's discharge except if the resident is a
 minor, such records are to be maintained for three years past the age of
 majority but not less than seven years; and
(2) Maintain records kept
 in accordance with paragraphs (A)(3) to (A)(10) of this rule, for three years
 unless otherwise required by law.

Last updated July 12, 2024 at 9:36 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.07
; 
3721.011

Five Year Review Date:

7/2/2029

Prior Effective Dates:

4/1/2007

Rule 3701-16-18 
|
 Variances.

Effective:

July 12, 2024

Promulgated Under:

119.03

PDF:

Download Authenticated PDF

(A) The director may grant a variance
 from the requirements of rules 
3701-16-01
 to 
3701-16-18
 of the Administrative
 Code unless required by statute if the operator or administrator shows that
 granting the variance will not jeopardize the health or safety of any resident
 and that:
(1) Because of practical
 difficulties or other special conditions, strict application of the licensure
 requirement will cause unusual and unnecessary hardship; or
(2) An alternative to the
 licensure requirement, including new concepts, methods, procedures, techniques,
 or the conducting of pilot projects is in the interest of better health care or
 management.
No variance will be granted that will defeat
 the spirit and general intent of these rules or otherwise not be in the public
 interest.
(B) A request for a variance from the
 requirements of the residential care facility licensure rules is obligated to
 be made in writing to the director, specifying the following:
(1) The rule requirement
 for which the variance is requested;
(2) The time period for
 which the variance is requested;
(3) The specific
 alternative action which the residential care facility proposes;
(4) The reasons for the
 request; and
(5) An explanation of the
 anticipated affect granting of the variance will have on
 residents;
The director may request additional information
 from the residential care facility prior to making a determination regarding
 the request.
(C) The director is obligated to notify
 the operator, in writing, of the director's determination regarding a
 variance request. The director may establish conditions that the residential
 care facility is obligated to meet for a variance to be operative, a time frame
 for which the variance will be effective, or both. 
(D) The director is obligated to notify
 the operator, in writing, of the director's determination to revoke a
 granted variance. The director may revoke a variance if the director determines
 that:
(1) The variance is
 adversely affecting the health and safety of the residents;
(2) The residential care
 facility has failed to comply with the variance as granted;
(3) The operator or
 administrator notified the department that the owner or administrator wishes to
 relinquish the variance; or
(4) The variance
 conflicts with a statutory change thus rendering the variance
 invalid.
(E) The refusal of the director to grant
 or revoke a variance or waiver, in whole or in part, will be final and will not
 be construed as creating any rights to a hearing under Chapter 119. of the
 Revised Code.

Last updated July 12, 2024 at 9:36 AM

Supplemental Information

Authorized By:

3721.04

Amplifies:

3721.07

Five Year Review Date:

7/2/2029

Prior Effective Dates:

9/29/1996