Ohio Revised Code
Chapter 5119 | Department of Mental Health and Addiction Services
Section 5119.01 | Definitions.

Effective: June 29, 2019
Latest Legislation: House Bill 111 - 132nd General Assembly
(A) As used in this chapter:
(1) "Addiction" means the chronic and habitual use of alcoholic beverages, the use of a drug of abuse as defined in section 3719.011 of the Revised Code, or the use of gambling by an individual to the extent that the individual no longer can control the individual's use of alcohol, the individual becomes physically or psychologically dependent on the drug, the individual's use of alcohol or drugs endangers the health, safety, or welfare of the individual or others, or the individual's gambling causes psychological, financial, emotional, marital, legal, or other difficulties endangering the health, safety, or welfare of the individual or others.
(2) "Addiction services" means services, including intervention, for the treatment of persons with alcohol, drug, or gambling addictions, and for the prevention of such addictions.
(3) "Alcohol and drug addiction services" means services, including intervention, for the treatment of alcoholics or persons who abuse drugs of abuse and for the prevention of alcoholism and drug addiction.
(4) "Alcoholic" means a person suffering from alcoholism.
(5) "Alcoholism" means the chronic and habitual use of alcoholic beverages by an individual to the extent that the individual no longer can control the individual's use of alcohol or endangers the health, safety, or welfare of the individual or others.
(6) "Certifiable services and supports" means all of the following:
(a) Alcohol and drug addiction services;
(b) Mental health services;
(c) The types of recovery supports that are specified in rules adopted under section 5119.36 of the Revised Code as requiring certification under that section.
(7) "Community addiction services provider" means an agency, association, corporation or other legal entity, individual, or program that provides one or more of the following:
(a) Alcohol and drug addiction services that are certified by the director of mental health and addiction services under section 5119.36 of the Revised Code;
(b) Gambling addiction services;
(c) Recovery supports that are related to alcohol and drug addiction services or gambling addiction services and paid for with federal, state, or local funds administered by the department of mental health and addiction services or a board of alcohol, drug addiction, and mental health services.
(8) "Community mental health services provider" means an agency, association, corporation, individual, or program that provides either of the following:
(a) Mental health services that are certified by the director of mental health and addiction services under section 5119.36 of the Revised Code;
(b) Recovery supports that are related to mental health services and paid for with federal, state, or local funds administered by the department of mental health and addiction services or a board of alcohol, drug addiction, and mental health services.
(9) "Drug addiction" means the use of a drug of abuse, as defined in section 3719.011 of the Revised Code, by an individual to the extent that the individual becomes physically or psychologically dependent on the drug or endangers the health, safety, or welfare of the individual or others.
(10) "Gambling addiction" means the use of gambling by an individual to the extent that it causes psychological, financial, emotional, marital, legal, or other difficulties endangering the health, safety, or welfare of the individual or others.
(11) "Gambling addiction services" means services for the treatment of persons who have a gambling addiction and for the prevention of gambling addiction.
(12) "Hospital" means a hospital or inpatient unit licensed by the department of mental health and addiction services under section 5119.33 of the Revised Code, and any institution, hospital, or other place established, controlled, or supervised by the department under Chapter 5119. of the Revised Code.
(13) "Included opioid and co-occurring drug addiction services and recovery supports" means the addiction services and recovery supports that, pursuant to section 340.033 of the Revised Code, are included in the array of services and recovery supports for all levels of opioid and co-occurring drug addiction required to be included in the community-based continuum of care established under section 340.032 of the Revised Code.
(14) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code.
(15) "Mental illness" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.
(16) "Mental health services" means services for the assessment, care, or treatment of persons who have a mental illness and for the prevention of mental illness.
(17) "Opioid treatment program" has the same meaning as in 42 C.F.R. 8.2.
(18) "Recovery supports" means assistance that is intended to help an individual who is an alcoholic or has a drug addiction or mental illness, or a member of such an individual's family, initiate and sustain the individual's recovery from alcoholism, drug addiction, or mental illness. "Recovery supports" does not mean alcohol and drug addiction services or mental health services.
(19)(a) "Residence" means a person's physical presence in a county with intent to remain there, except in either of the following circumstances:
(i) If a person is receiving a mental health treatment service at a facility that includes nighttime sleeping accommodations, "residence" means that county in which the person maintained the person's primary place of residence at the time the person entered the facility;
(ii) If a person is committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, "residence" means the county where the criminal charges were filed.
(b) When the residence of a person is disputed, the matter of residence shall be referred to the department of mental health and addiction services for investigation and determination. Residence shall not be a basis for a board of alcohol, drug addiction, and mental health services to deny services to any person present in the board's service district, and the board shall provide services for a person whose residence is in dispute while residence is being determined and for a person in an emergency situation.
(B) Any reference in this chapter to a board of alcohol, drug addiction, and mental health services also refers to an alcohol and drug addiction services board or a community mental health board in a service district in which an alcohol and drug addiction services board or a community mental health board has been established under section 340.021 or former section 340.02 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5119 | Department of Mental Health and Addiction Services

Section 5119.01 | Definitions.

Section 5119.011 | References to Department or Director.

Section 5119.04 | Compliance With Standards.

Section 5119.05 | Managing Officer; Duties.

Section 5119.051 | Books and Accounts; Form and Method.

Section 5119.06 | Records.

Section 5119.07 | Businesses Located Near Institutions.

Section 5119.08 | Appointing Special Police Officers for Institutions.

Section 5119.09 | Physician Specialists.

Section 5119.091 | Attorney General Duties.

Section 5119.10 | Director of Mental Health and Addiction Services; Powers and Duties.

Section 5119.11 | Medical Director; Qualifications; Duties.

Section 5119.14 | Department of Mental Health and Addiction Services; Powers and Duties Generally.

Section 5119.141 | Authority of Department.

Section 5119.15 | Investigative Powers.

Section 5119.161 | Joint State Plan to Improve Accessibility and Timeliness of Alcohol and Drug Addiction Services.

Section 5119.17 | Addicted Pregnant Women and Their Children.

Section 5119.18 | Classified and Unclassified Appointments.

Section 5119.181 | Certain Convictions Preclude Appointments.

Section 5119.182 | Fidelity Bond.

Section 5119.184 | Providing Educational Grants or Tuition Reimbursement for Employees.

Section 5119.185 | Clinician Recruitment Program.

Section 5119.186 | Conduct Collaborative Training Efforts for Students.

Section 5119.187 | Courses of Study for Instruction and Training of Persons in Institutions.

Section 5119.188 | Education and Training Program for Employees of State Correctional and Youth Services Institutions.

Section 5119.19 | Psychotropic Drug Reimbursement Program.

Section 5119.191 | Reimbursement for Substance Use Treatment Drugs in County Jails.

Section 5119.201 | Real or Personal Property Transactions.

Section 5119.21 | Support of Community Support System; Powers and Duties Regarding Programs and Services.

Section 5119.22 | Director of Mental Health and Addiction Services; Duties.

Section 5119.221 | Waiver or Requirements; Authority of Director.

Section 5119.23 | Allocations of Funds for Local Mental Health and Addiction Services Continuums of Care.

Section 5119.24 | Annual Report by Boards Specifying Use of Funds.

Section 5119.25 | Withholding of Funds for Failure to Comply With Statutory or Regulatory Provisions.

Section 5119.26 | Civil Rights and Liberties of Patients.

Section 5119.27 | Confidentiality of Records Pertaining to Identity, Diagnosis or Treatment.

Section 5119.28 | Confidentiality of Records Pertaining to Person's Mental Health Condition, Assessment, Provision of Care or Treatment, or Payment for Assessment, Care or Treatment.

Section 5119.29 | Tracking and Monitoring After Release of Persons Found Not Guilty by Reason of Insanity or Persons Found Incompetent to Stand Trial.

Section 5119.30 | Program Providing Information and Services to Courts.

Section 5119.31 | Procedure for Purchase of Supplies.

Section 5119.311 | Examining Mental and Physical Condition of Confined Person.

Section 5119.32 | Utilizing Federal Block Grant Funds.

Section 5119.33 | Inspecting and Licensing of Hospitals for Mentally Ill Persons.

Section 5119.331 | Injunction.

Section 5119.332 | Payments and Reimbursements to Unlicensed Hospital.

Section 5119.333 | Prohibiting Keeping or Maintaining Unlicensed Hospital.

Section 5119.34 | Inspecting and Licensing of Residential Facilities.

Section 5119.341 | Operations as Permitted Use.

Section 5119.342 | Appointing Receiver for Residential Facility.

Section 5119.35 | Addiction Services Requiring Certification.

Section 5119.36 | Certifying Community Mental Health Services or Addiction Services Providers.

Section 5119.361 | Acceptance of Accreditation From National Accrediting Organizations in Lieu of Certification.

Section 5119.362 | Duties of Community Addiction Services Provider.

Section 5119.363 | Adoption of Rules for Community Addiction Services Providers.

Section 5119.364 | Publication of Reports.

Section 5119.365 | Rules Regarding Intake and Retention Procedures.

Section 5119.366 | Establishing Grievance Procedures.

Section 5119.368 | Telehealth Services.

Section 5119.37 | Requirements to Operate Opioid Addiction Treatment Programs.

Section 5119.371 | Location of Opioid Treatment Programs.

Section 5119.38 | Drivers' Intervention Program.

Section 5119.40 | Determination of Services Needed.

Section 5119.41 | Residential State Supplement Program.

Section 5119.42 | State Aid for Community Construction Programs.

Section 5119.421 | Replacement Facility Projects.

Section 5119.43 | Sale or Lease of Land or Facilities.

Section 5119.431 | Acquiring Real Estate.

Section 5119.44 | Providing Goods and Services to Certain Departments, Agencies and Institutions.

Section 5119.45 | Sale of Goods and Services Fund.

Section 5119.46 | Department of Mental Health and Addiction Services Trust Fund.

Section 5119.47 | Problem Casino Gambling and Addictions Fund; Administration.

Section 5119.48 | All Roads Lead to Home Program.

Section 5119.49 | Director's Collaboration in Establishment and Administration of Drug Take-Back Program.

Section 5119.50 | Administering Funds Held in Trusts for Benefit of Institution or Mentally Ill Persons.

Section 5119.51 | Services Fund for Individuals With Mental Illness.

Section 5119.52 | Industrial and Entertainment Fund; Commissary Fund.

Section 5119.54 | Funds.

Section 5119.55 | Payment for Personal Use of Resident Eligible for Supplemental Social Security Benefits.

Section 5119.56 | Money and Property of Patients.

Section 5119.60 | Annual Report.

Section 5119.61 | Statistics Concerning Care, Treatment and Rehabilitation.

Section 5119.70 | Interstate Compact on Mental Health.

Section 5119.71 | Duties of Compact Administrators.

Section 5119.72 | Supplementary Agreements.

Section 5119.73 | Financial Obligations.

Section 5119.89 | Consumer and Payer Education on Mental Health and Addiction Services Insurance Parity; Hotline.

Section 5119.90 | Definitions for Sections 5119.90 to 5119.98.

Section 5119.91 | Involuntary Treatment for Alcohol and Other Drug Abuse.

Section 5119.92 | Criteria for Involuntary Treatment.

Section 5119.93 | Initiation of Proceedings; Petition.

Section 5119.94 | Examination of Petitioner; Hearing; Notification of Respondent; Disposition.

Section 5119.95 | Seventy-Two-Hour Emergency Involuntary Treatment.

Section 5119.96 | Issuance of Summons; Failure to Attend Examination; Transportation to Hospital.

Section 5119.97 | Lists of Qualified Hospitals and Treatment Providers.

Section 5119.98 | Applicability of Orc Sections 3793.12, 3793.13, and 3793.14.

Section 5119.99 | Penalties.