Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(A) The director of developmental disabilities may issue a summary order suspending a supported living certificate holder's authority to provide supported living to one or more identified individuals if the director determines that both of the following are the case:
(1) The certificate holder's noncompliance with one or more requirements of this chapter or the rules adopted under it causes or presents an immediate danger of causing serious injury, harm, impairment, or death to the individual or individuals;
(2) The certificate holder does not remove the conditions that caused or presented an immediate danger of causing serious injury, harm, impairment, or death to the individual or individuals before the order is issued.
(B) An order issued under division (A) of this section applies only to the individual or individuals the director determines experienced or are in immediate danger of experiencing serious injury, harm, impairment, or death. An order issued under division (A) of this section takes immediate effect upon notification to the certificate holder. The county board of developmental disabilities for the county where the individual or individuals reside shall arrange for an alternative method of providing services to the individual or individuals until the order is lifted under division (E) of this section.
(C) The director shall notify, by telephone, the certificate holder and the county board of developmental disabilities for the county where the individual or individuals reside of the order immediately after issuing it. The director also shall provide written notice of the order by electronic or regular mail. Both the telephone notice and the written notice to the certificate holder shall inform the certificate holder of the right to request a reconsideration of the order under division (D) of this section.
(D) A certificate holder who is subject to an order issued under division (A) of this section may request that the director reconsider the order within twenty-four hours after receiving the telephone notice under division (C) of this section. The director shall reconsider the order within twenty-four hours after receiving the request. At the certificate holder's option, the reconsideration may be conducted by an in-person meeting, telephone, or review of the certificate holder's written submission that accompanies the request. The director shall issue a decision on the reconsideration within twenty-four hours following the conclusion of the meeting, telephone conversation, or review of a written submission.
(E) The director shall lift an order issued under division (A) of this section if the director determines that the certificate holder has removed the conditions that led to the order and that the conditions will not recur.
(F) An order issued under division (A) of this section does not constitute an action against the holder of a supported living certificate described in section 5123.166 of the Revised Code and is not subject to that section or to Chapter 119. of the Revised Code.
(G) The director's issuance of an order under division (A) of this section does not preclude the director from taking any other action against the holder of a supported living certificate described in section 5123.166 of the Revised Code.
Structure Ohio Revised Code
Chapter 5123 | Department of Developmental Disabilities
Section 5123.01 | Department of Developmental Disabilities Definitions.
Section 5123.011 | Adoption of Rules.
Section 5123.012 | Eligibility Determinations.
Section 5123.013 | Application of Chapter.
Section 5123.014 | Reference to Department or Director and Other Terms.
Section 5123.02 | Duties of Department.
Section 5123.021 | Determining Need for Nursing Facility Care.
Section 5123.023 | Employment First Task Force.
Section 5123.024 | Implementation of Early Intervention Services Program.
Section 5123.025 | Technology First Policy.
Section 5123.026 | Technology First Task Force.
Section 5123.03 | Management of Institutions and Facilities.
Section 5123.031 | Nonpartisan Management.
Section 5123.032 | Closure of a Developmental Center.
Section 5123.033 | Department Program Fee Fund.
Section 5123.034 | Developmental Centers Services and Cost Recovery.
Section 5123.04 | Director of Department - Powers and Duties.
Section 5123.042 | Plans for Development or Modification of Residential Services; Rules.
Section 5123.043 | Complaint Resolution.
Section 5123.044 | Determination of Violation of Rights; Assistance to Individuals.
Section 5123.045 | Certification and Licensing of Providers.
Section 5123.047 | Department Payment of Nonfederal Share of Certain Expenditures.
Section 5123.048 | Payment of Nonfederal Share of County Medicaid Expenditures.
Section 5123.0410 | Individual Receiving Services Moving to New County.
Section 5123.0412 | Oddd Administration and Oversight Fund.
Section 5123.0414 | Methods of Notice by Department.
Section 5123.0415 | Notification of Change of Address.
Section 5123.0416 | Expenditure and Allocation of Appropriated Fees.
Section 5123.0417 | Programs for Person Under 22 With Intensive Behavioral Needs.
Section 5123.0418 | Additional Uses of Funds.
Section 5123.0419 | Interagency Workgroup on Autism.
Section 5123.0421 | Rules to Implement Part C Early Intervention Services Program.
Section 5123.0422 | Early Intervention Services Advisory Council.
Section 5123.0423 | Request for Student Data Verification Code.
Section 5123.0424 | Reimbursement of Travel Expenses of Official Members of Workgroups.
Section 5123.05 | Audits of Services and Programs.
Section 5123.051 | Payment Agreements With Providers.
Section 5123.06 | Divisions of Department.
Section 5123.07 | Bureau of Research - Duties.
Section 5123.08 | Classified and Unclassified Appointments.
Section 5123.081 | Criminal Records Check.
Section 5123.09 | Managing Officer of Institution - Powers and Duties.
Section 5123.091 | Changing Purpose and Use of Institutions.
Section 5123.092 | Citizen's Advisory Council.
Section 5123.093 | Duties of Citizen's Advisory Council.
Section 5123.10 | Bond of Employees.
Section 5123.11 | Residency Medical and Psychological Training Programs.
Section 5123.12 | Residency Training Programs for Students Enrolled in Appropriate Care Programs.
Section 5123.122 | Support Rate.
Section 5123.13 | Special Police Officers.
Section 5123.14 | Investigations.
Section 5123.15 | Appointing Special Agents and Persons.
Section 5123.16 | Valid Supported Living Certificate Required.
Section 5123.161 | Application for Supported Living Certificate.
Section 5123.162 | Applicant Survey to Determine if Standards Met.
Section 5123.163 | Term of Supported Living Certificate.
Section 5123.164 | Renewal of Supported Living Certificate.
Section 5123.165 | Provision of Supported Living and Residence.
Section 5123.166 | Adjudication Order Against Certificate Applicant or Holder.
Section 5123.167 | Reapplication After Negative Adjudication on Certificate.
Section 5123.168 | Termination of Certificate for Failure to Bill for Services.
Section 5123.169 | Issuance of Supported Living Certificate.
Section 5123.1610 | Termination or Refusal of Provider Agreement for Supported Living.
Section 5123.1611 | Rules Governing Supported Living Program.
Section 5123.17 | Care Outside Institution.
Section 5123.171 | Respite Care Services.
Section 5123.18 | Contracts With Person or Agency to Provide Services.
Section 5123.19 | Operation of Residential Facilities.
Section 5123.191 | Appointing Receiver to Operate Residential Facility.
Section 5123.192 | Licensing for Icf/iid After 7/1/2013.
Section 5123.193 | Searchable Database of Vacancies in Licensed Residential Facilities.
Section 5123.194 | Waiving Support Collection Requirements to Facilitate Independent Living.
Section 5123.195 | Reporting Implementation of Amendments to Statute.
Section 5123.196 | Maximum Number of Beds.
Section 5123.198 | Reduction in Number of Residents.
Section 5123.20 | Prohibiting Operation Without License.
Section 5123.22 | Appropriating Property.
Section 5123.221 | Cultivating Land - Purchases From Other Institutions.
Section 5123.24 | Businesses Located Near Institutions.
Section 5123.25 | Purchasing Supplies.
Section 5123.27 | Holding Property in Trust.
Section 5123.28 | Handling Funds Belonging to Residents.
Section 5123.29 | Industrial and Entertainment Fund - Commissary Fund.
Section 5123.30 | Books and Accounts.
Section 5123.31 | Confidentiality.
Section 5123.33 | Annual Report.
Section 5123.34 | Liberal Construction of Chapter.
Section 5123.35 | Ohio Developmental Disabilities Council.
Section 5123.352 | Community Developmental Disabilities Trust Fund.
Section 5123.36 | State Participation in Developmental Disability Construction Programs.
Section 5123.37 | Application to Sell Facility and Acquire Replacement.
Section 5123.371 | Payment to Director After Sale of Facility.
Section 5123.372 | Deadline for Acquisition of Replacement Facility.
Section 5123.373 | Agreement to Pay Percentage of Cost of Acquisition.
Section 5123.374 | Rescission of Approval of Application.
Section 5123.375 | Developmental Disabilities Community Capital Replacement Fund.
Section 5123.38 | Effect of Transfer From Supported Services to Commitment to Icf/iid.
Section 5123.39 | Patient Clothing.
Section 5123.40 | Services Fund for Individuals With Developmental Disabilities.
Section 5123.421 | Complaints and Investigations.
Section 5123.44 | Training Registered Nurses to Provide Training Courses for Department Personnel.
Section 5123.441 | Certificates to Provide Training Courses.
Section 5123.45 | Program for Issuing of Certificates.
Section 5123.451 | Registry Listing Personnel and Registered Nurses Holding Valid Certificates.
Section 5123.452 | Adjudication Orders.
Section 5123.47 | Authorizing In-Home Worker to Perform Health Care Tasks.
Section 5123.50 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation Definitions.
Section 5123.51 | Reviewing Report of Abuse, Neglect or Misappropriation.
Section 5123.52 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation.
Section 5123.53 | Petitioning for Removal From Registry.
Section 5123.54 | Rehabilitation Standard Rules.
Section 5123.542 | Notice Explaining Prohibited Conduct.
Section 5123.55 | Protective Services Definitions.
Section 5123.56 | Statewide System of Protective Service.
Section 5123.57 | Evaluation Before Guardianship or Trusteeship Begins.
Section 5123.58 | Nomination of Protective Services Agency as Guardian, Trustee or Protector.
Section 5123.60 | Ohio Protection and Advocacy System.
Section 5123.601 | Access to Information by Staff and Attorneys.
Section 5123.602 | Compensation in Class Action Cases.
Section 5123.603 | Joint Committee to Examine Protection and Advocacy System.
Section 5123.61 | Reporting Abuse, Neglect, and Other Major Unusual Incidents.
Section 5123.611 | Reviewing Report of Abuse, Neglect, or a Major Unusual Incident.
Section 5123.612 | Reporting Unusual Incidents.
Section 5123.613 | Subject of Report or Representative Has Right to Report and Related Records.
Section 5123.614 | Procedure Following Report of Major Unusual Incident.
Section 5123.62 | Rights of Persons With a Developmental Disability.
Section 5123.621 | Legislative Intent Regarding Adult Day Services.
Section 5123.63 | Distributing Copies of Rights.
Section 5123.64 | Enforcement Duties.
Section 5123.65 | Self-Administration of Medication.
Section 5123.651 | Assistance in Self-Administration of Prescribed Medication.
Section 5123.67 | Liberal Construction of Chapter.
Section 5123.69 | Voluntary Admission.
Section 5123.691 | Admission to Specialized Treatment Unit for Minors.
Section 5123.70 | Requesting Release of Voluntary Resident.
Section 5123.701 | Application for Short-Term Care.
Section 5123.71 | Affidavit for Involuntary Institutionalization.
Section 5123.711 | Assessment of Individual's Needs.
Section 5123.72 | Presentation of Case for State.
Section 5123.73 | Notice of Hearing.
Section 5123.74 | Emergency Institutionalization by Probate Court.
Section 5123.75 | Probable Cause Hearing.
Section 5123.76 | Full Hearing.
Section 5123.77 | Temporary Holding.
Section 5123.79 | Discharging Involuntary Resident.
Section 5123.80 | Trial Visits.
Section 5123.801 | Expenses of Trial Visit or Discharge.
Section 5123.81 | Involuntarily Committed Resident Absent Without Leave.
Section 5123.811 | Reporting Change of Location, Death or Condition of Resident.
Section 5123.82 | Application for Habilitation and Care of Discharged Resident.
Section 5123.83 | Civil and Public or Private Employment Rights.
Section 5123.84 | Free Communication With Others by Residents.
Section 5123.85 | Habilitation Plan.
Section 5123.851 | Procedure Upon Discharge.
Section 5123.86 | Consent for Medical Treatment.
Section 5123.87 | Labor or Tasks Performed by Residents.
Section 5123.88 | Writ of Habeas Corpus.
Section 5123.89 | Confidentiality.
Section 5123.90 | Attorney General Duties.
Section 5123.93 | Guardianship of Minor.
Section 5123.95 | Transmission of Court Papers.
Section 5123.96 | Payment of Costs, Fees, and Expenses of Proceedings.