Ohio Revised Code
Chapter 5119 | Department of Mental Health and Addiction Services
Section 5119.371 | Location of Opioid Treatment Programs.

Effective: June 29, 2019
Latest Legislation: House Bill 111 - 132nd General Assembly
(A) On application by a community addiction services provider that has purchased or leased real property to be used as the location of an opioid treatment program subject to licensure under section 5119.37 of the Revised Code, the department of mental health and addiction services shall determine whether the location of the proposed program complies with the requirements of division (C)(4) of section 5119.37 of the Revised Code by not being located on a parcel of real estate that is within a radius of five hundred linear feet of the boundaries of a parcel of real estate having situated on it a public or private school, child day-care center licensed under Chapter 5104. of the Revised Code, or child-serving agency regulated by the department under this chapter.
If the department determines that the location is in compliance with division (C)(4) of section 5119.37 of the Revised Code, the department shall issue a declaration stating that the location is in compliance. The declaration is valid for two years from the date of issuance.
The department shall provide to the provider either a copy of the declaration or a notice that the department has determined that the location is not in compliance with division (C)(4) of section 5119.37 of the Revised Code.
If, before expiration of the declaration, a community addiction services provider applies for a license to operate an opioid treatment program, the department shall not consider the requirement of division (C)(4) of section 5119.37 of the Revised Code in determining whether to issue the license.
(B) A community addiction services provider seeking to relocate an opioid treatment program licensed under section 5119.37 of the Revised Code may apply for and be granted a declaration under division (A) of this section. If, before expiration of the declaration, the provider applies for issuance of a license due to relocation, the department shall not consider the requirement of division (C)(4) of section 5119.37 of the Revised Code in determining whether to reissue the license due to relocation.

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.