Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) The director of health shall receive, review, and investigate allegations of abuse, neglect, or exploitation of a resident or misappropriation of the property of a resident by any individual used by a long-term care facility or residential care facility to provide services to residents.
(B) The director shall make findings regarding alleged abuse, neglect, exploitation, or misappropriation of property after doing both of the following:
(1) Investigating the allegation and determining that there is a reasonable basis for it;
(2) Giving notice to the individual named in the allegation and affording the individual a reasonable opportunity for a hearing.
Notice to the person named in an allegation shall be given and the hearing shall be conducted pursuant to rules adopted by the director under section 3721.26 of the Revised Code. For purposes of conducting a hearing under this section, the director may issue subpoenas compelling attendance of witnesses or production of documents. The subpoenas shall be served in the same manner as subpoenas and subpoenas duces tecum issued for a trial of a civil action in a court of common pleas. If a person who is served a subpoena fails to attend a hearing or to produce documents, or refuses to be sworn or to answer any questions, the director may apply to the common pleas court of the county in which the person resides, or the county in which the long-term care facility or residential care facility is located, for a contempt order, as in the case of a failure of a person who is served a subpoena issued by the court to attend or to produce documents or a refusal of such person to testify.
(C)(1) If the director finds that an individual used by a long-term care facility or residential care facility has abused, neglected, or exploited a resident or misappropriated property of a resident, the director shall do both of the following:
(a) Notify the individual, the facility using the individual, the attorney general, county prosecutor, or other appropriate law enforcement official, and, if applicable, the appropriate professional licensing authority established under Title XLVII of the Revised Code;
(b) In accordance with section 3721.32 of the Revised Code, include in the nurse aide registry established under that section a statement detailing the findings pertaining to the individual.
(2) An individual about whom a statement is required by this division to be included in the nurse aide registry may provide the director with a statement disputing the director's findings and explaining the circumstances of the allegation. The statement shall be included in the nurse aide registry with the director's findings.
(D)(1) If the director finds that alleged abuse, neglect, or exploitation of a resident or misappropriation of property of a resident cannot be substantiated, the director shall notify the individual and expunge all files and records of the investigation and the hearing by doing all of the following:
(a) Removing and destroying the files and records, originals and copies, and deleting all index references;
(b) Reporting to the individual the nature and extent of any information about the individual transmitted to any other person or government entity by the director of health;
(c) Otherwise ensuring that any examination of files and records in question show no record whatever with respect to the individual.
(2)(a) If, in accordance with division (C)(1) of this section, the director includes in the nurse aide registry a statement of a finding of neglect, the individual found to have neglected a resident may, not earlier than one year after the date of the finding, petition the director to rescind the finding and remove the statement and any accompanying information from the nurse aide registry. The director shall consider the petition. If, in the judgment of the director, the neglect was a singular occurrence and the employment and personal history of the individual does not evidence abuse, exploitation, or any other incident of neglect of residents, the director shall notify the individual and remove the statement and any accompanying information from the nurse aide registry. The director shall expunge all files and records of the investigation and the hearing, except the petition for rescission of the finding of neglect and the director's notice that the rescission has been approved.
(b) A petition for rescission of a finding of neglect and the director's notice that the rescission has been approved are not public records for the purposes of section 149.43 of the Revised Code.
(3) When files and records have been expunged under division (D)(1) or (2) of this section, all rights and privileges are restored, and the individual, the director, and any other person or government entity may properly reply to an inquiry that no such record exists as to the matter expunged.
Structure 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 3721.024 | 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 3721.072 | 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 3721.68 | Law Enforcement Exception.