Ohio Revised Code
Chapter 3721 | Nursing Homes; Residential Care Facilities
Section 3721.04 | Adoption and Publication of Uniform Rules Governing Operation of Homes.

Effective: September 10, 2012
Latest Legislation: House Bill 487 - 129th General Assembly
(A) The director of health shall adopt and publish rules governing the operation of homes, which shall have uniform application throughout the state, and shall prescribe standards for homes with respect to, but not limited to, the following matters:
(1) The minimum space requirements for occupants and equipping of the buildings in which homes are housed so as to ensure healthful, safe, sanitary, and comfortable conditions for all residents, so long as they are not inconsistent with Chapters 3781. and 3791. of the Revised Code or with any rules adopted by the board of building standards and by the state fire marshal;
(2) The number and qualifications of personnel, including management and nursing staff, for each class of home, and the qualifications of nurse aides, as defined in section 3721.21 of the Revised Code, used by long-term care facilities, as defined in that section;
(3) The medical, rehabilitative, and recreational services to be provided by each class of home;
(4) Dietetic services, including but not limited to sanitation, nutritional adequacy, and palatability of food;
(5) The personal and social services to be provided by each class of home;
(6) The business and accounting practices to be followed and the type of patient and business records to be kept by such homes;
(7) The operation of adult day-care programs provided by and on the same site as homes licensed under this chapter;
(8) The standards and procedures to be followed by residential care facilities in admitting and retaining a resident who requires the application of dressings, including requirements for charting and evaluating on a weekly basis;
(9) The requirements for conducting weekly evaluations of residents receiving skilled nursing care in residential care facilities.
(B) The director may adopt whatever additional rules are necessary to carry out or enforce the provisions of sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.
(C) The following apply to the director when adopting rules under division (A)(1) of this section regarding the equipping of the buildings in which homes are housed:
(1) The rules shall not require that each resident sleeping room, or a percentage of the resident sleeping rooms, have a bathtub or shower that is directly accessible from or exclusively for the room.
(2) The rules shall require that the privacy and dignity of residents be protected when the residents are transported to and from bathing facilities, prepare for bathing, and bathe.
(D) The following apply to the director when adopting rules under division (A)(2) of this section regarding the number and qualifications of personnel in homes:
(1) When adopting rules applicable to residential care facilities, the director shall take into consideration the effect that the following may have on the number of personnel needed:
(a) Provision of personal care services;
(b) Provision of part-time, intermittent skilled nursing care pursuant to division (C) of section 3721.011 of the Revised Code;
(c) Provision of skilled nursing care to residents pursuant to division (D) of section 3721.011 of the Revised Code.
(2) When adopting rules applicable to nursing homes, the director shall require each nursing home to do both of the following:
(a) Have sufficient direct care staff on each shift to meet the needs of the residents in an appropriate and timely manner;
(b) Have the following individuals provide a minimum daily average of two and one-half hours of direct care per resident:
(i) Registered nurses, including registered nurses who perform administrative and supervisory duties;
(ii) Licensed practical nurses, including licensed practical nurses who perform administrative and supervisory duties;
(iii) Nurse aides.
(3) The rules prescribing qualifications of nurse aides used by long-term care facilities, as those terms are defined in section 3721.21 of the Revised Code, shall be no less stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under section 1819 of the "Social Security Act," 101 Stat. 1330-160 (1987), 42 U.S.C. 1395i-3, as amended, and section 1919 of the "Social Security Act," 101 Stat. 1330-182 (1987), 42 U.S.C. 1396r, as amended.
(E) The following apply to the director when adopting rules under division (A)(2) of this section regarding the number and qualifications of personnel in nursing homes or rules under division (A)(5) of this section regarding social services to be provided by nursing homes:
(1) The rules shall not prescribe the number of individuals licensed as social workers under Chapter 4757. of the Revised Code that a nursing home with one hundred twenty or fewer beds must employ.
(2) The rules shall require each nursing home with more than one hundred twenty beds to employ on a full-time basis one individual licensed as a social worker under Chapter 4757. of the Revised Code.
(3) The rules shall require each nursing home to offer its residents medically related social services that assist the residents in attaining or maintaining their highest practicable physical, mental, and psychosocial well-being.

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3721 | Nursing Homes; Residential Care Facilities

Section 3721.01 | Nursing Home and Residential Care Facility Definitions and Classifications.

Section 3721.011 | Skilled Nursing Care.

Section 3721.012 | Risk Agreement.

Section 3721.02 | Procedures for Inspecting and Licensing Homes - Fees.

Section 3721.021 | Review of Documents by Prospective Residents and Associated Persons.

Section 3721.022 | Establishing and Maintaining Health Standards and Serving as State Survey Agency.

Section 3721.023 | Party Identified in License Deemed Sole Owner of Business on Premises Leased on or Before 1-1-70.

Section 3721.024 | Nursing Facility Recognition Program.

Section 3721.026 | Assignment or Transfer of Operation of Nursing Home.

Section 3721.027 | Investigation of Unresolved Complaints Found to Be Valid.

Section 3721.03 | Enforcement of Provisions - Revocation of License.

Section 3721.031 | Investigation of Complaint Concerning Home - Disclosure of Information.

Section 3721.032 | Fire Marshal to Enforce and Adopt Fire Safety Rules.

Section 3721.04 | Adoption and Publication of Uniform Rules Governing Operation of Homes.

Section 3721.041 | Vaccinations to Be Offered to Residents.

Section 3721.042 | Excluded Grounds for Denial of License.

Section 3721.05 | Operating Home Requires License - Prohibited Activities.

Section 3721.051 | County or District - Prohibited Activities.

Section 3721.06 | Prohibition Against Placement of Person in Unlicensed Home.

Section 3721.07 | Requirement for Issuance of License - Revocation.

Section 3721.071 | Home Must Be Equipped With Both Automatic Fire Extinguishing and Fire Alarm Systems.

Section 3721.072 | Biennial Participation in Quality Improvement Projects.

Section 3721.08 | Injunctive Relief.

Section 3721.081 | Summary Orders.

Section 3721.09 | Local Regulations.

Section 3721.10 | Residents' Rights Definitions.

Section 3721.11 | Director to Adopt Rules.

Section 3721.12 | Duties of Nursing Home Administrator Concerning Residents' Rights.

Section 3721.121 | Criminal Records Check.

Section 3721.122 | Screening and Accommodations for Sex Offenders.

Section 3721.13 | Residents' Rights.

Section 3721.14 | Implementation of Residents' Rights.

Section 3721.141 | Notification of Benefit Eligibility.

Section 3721.15 | Authorization to Handle Residents' Financial Affairs.

Section 3721.16 | Residents' Rights Concerning Transfer or Discharge.

Section 3721.161 | Hearing Challenging Proposed Transfer or Discharge.

Section 3721.162 | Determining Whether Transfer or Discharge Complies.

Section 3721.17 | Grievance Procedure.

Section 3721.18 | Attorney General Duties.

Section 3721.19 | Nonparticipation in State Assistance Program.

Section 3721.20 | Compassionate Care Visits.

Section 3721.21 | Long-Term Care Facility Definitions.

Section 3721.22 | Reporting Abuse or Neglect of Resident or Misappropriation of Property.

Section 3721.23 | Investigations.

Section 3721.24 | Whistleblower Protection.

Section 3721.25 | Confidentiality.

Section 3721.26 | Adoption of Rules.

Section 3721.28 | Nurses Aides Training and Competency Evaluation Programs.

Section 3721.29 | Orientation Program - Performance Review - In-Service Education.

Section 3721.30 | Competency Evaluation Program Contents.

Section 3721.31 | Approving or Rejecting Programs.

Section 3721.32 | State Nurse Aide Registry.

Section 3721.33 | Nurse Aide Training Fund.

Section 3721.34 | Cooperation With Other Agencies.

Section 3721.35 | Unauthorized Practice of Nursing.

Section 3721.60 | Electronic Monitoring in Long-Term Care Facilities Definitions.

Section 3721.61 | Electronic Monitoring Authorization Form.

Section 3721.62 | Roommate Consent.

Section 3721.63 | Form Prescribed by Facility.

Section 3721.64 | Posted Notice.

Section 3721.65 | No Discrimination for Use of Electronic Monitoring Device.

Section 3721.66 | Tampering and Unauthorized Use.

Section 3721.67 | Rulemaking.

Section 3721.68 | Law Enforcement Exception.

Section 3721.69 | Video-Conference Visitation.

Section 3721.99 | Penalty.