Effective: September 30, 2021
Latest Legislation: Senate Bill 6 - 134th General Assembly
(A) The director of health shall establish a state nurse aide registry listing all individuals who have done any of the following:
(1) Were used by a long-term care facility as nurse aides on a full-time, temporary, per diem, or other basis at any time during the period commencing July 1, 1989, and ending January 1, 1990, and successfully completed, not later than October 1, 1990, a competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section;
(2) Successfully completed a training and competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code or met the conditions specified in division (F)(1) or (2) of section 3721.28 of the Revised Code, and, if the training and competency evaluation program or the training, instruction, or education the individual completed in meeting the conditions specified in division (F)(1) of section 3721.28 of the Revised Code was conducted in or by a long-term care facility, or if the director so required pursuant to division (E) of section 3721.31 of the Revised Code, has successfully completed a competency evaluation program conducted by the director;
(3) Successfully completed a training and competency evaluation program conducted by the director under division (C) of section 3721.31 of the Revised Code;
(4) Successfully completed, prior to July 1, 1989, a program that the director has determined under division (B)(3) of section 3721.28 of the Revised Code included a competency evaluation component no less stringent than the competency evaluation programs approved or conducted by the director under section 3721.31 of the Revised Code, and was otherwise comparable to the training and competency evaluation program being approved by the director under section 3721.31 of the Revised Code;
(5) Are listed in a nurse aide registry maintained by another state that certifies that its program for training and evaluation of competency of nurse aides complies with Titles XVIII and XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or regulations adopted thereunder;
(6) Were found competent, as provided in division (B)(5) of section 3721.28 of the Revised Code, prior to July 1, 1989, after the completion of a course of nurse aide training of at least one hundred hours' duration;
(7) Are enrolled in a prelicensure program of nursing education approved by the board of nursing or by an agency of another state that regulates nursing education, have provided the long-term care facility with a certificate from the program indicating that the individual has successfully completed the courses that teach basic nursing skills including infection control, safety and emergency procedures, and personal care, and have successfully completed a competency evaluation program conducted by the director under division (A) of section 3721.31 of the Revised Code;
(8) Have the equivalent of twelve months or more of full-time employment in the five years preceding listing in the registry as a hospital aide or orderly and have successfully completed a competency evaluation program conducted by the director under division (C) of section 3721.31 of the Revised Code.
(B) In addition to the list of individuals required by division (A) of this section, the registry shall include both of the following:
(1) The statement required by section 3721.23 of the Revised Code detailing findings by the director under that section regarding alleged abuse, neglect, or exploitation of a resident or misappropriation of resident property;
(2) Any statement provided by an individual under section 3721.23 of the Revised Code disputing the director's findings.
Whenever an inquiry is received as to the information contained in the registry concerning an individual about whom a statement required by section 3721.23 of the Revised Code is included in the registry, the director shall disclose the statement or a summary of the statement together with any statement provided by the individual under section 3721.23 or a clear and accurate summary of that statement.
(C) The director may by rule specify additional information that must be provided to the registry by long-term care facilities and persons or government agencies conducting approved competency evaluation programs and training and competency evaluation programs.
(D) Information contained in the registry is a public record for the purposes of section 149.43 of the Revised Code, and is subject to inspection and copying under section 1347.08 of the Revised Code.
Last updated July 12, 2021 at 4:24 PM
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.