Effective: October 12, 2016
Latest Legislation: House Bill 483, House Bill 158 - 131st General Assembly
(A) Developmental disabilities personnel who are not specifically authorized by other provisions of the Revised Code to administer medications or perform health-related activities may do so pursuant to this section as part of the specialized services the developmental disabilities personnel provide to individuals with developmental disabilities in the following categories:
(1) Recipients of early intervention, preschool, and school-age services offered or provided pursuant to this chapter or Chapter 5126. of the Revised Code;
(2) Recipients of adult services, if the services are received in a setting where seventeen or more individuals receive the services and the services are offered or provided pursuant to this chapter or Chapter 5126. of the Revised Code;
(3) Recipients of adult services, if the services are received in a setting where not more than sixteen individuals receive the services and the services are offered or provided pursuant to this chapter or Chapter 5126. of the Revised Code;
(4) Recipients of family support services offered or provided pursuant to this chapter or Chapter 5126. of the Revised Code;
(5) Recipients of services from certified supported living providers, if the services are offered or provided pursuant to this chapter or Chapter 5126. of the Revised Code;
(6) Recipients of residential support services from certified home and community-based services providers, if the services are received in a community living arrangement that includes not more than four individuals with developmental disabilities and the services are offered or provided pursuant to this chapter or Chapter 5126. of the Revised Code;
(7) Recipients of services not included in divisions (A)(1) to (6) of this section that are offered or provided pursuant to this chapter or Chapter 5126. of the Revised Code;
(8) Residents of a residential facility with not more than five resident beds;
(9) Residents of a residential facility with at least six resident beds.
(B)(1) In the case of individuals described in divisions (A)(1) to (9) of this section, developmental disabilities personnel may do all of the following without nursing delegation and without a certificate issued under section 5123.45 of the Revised Code:
(a) Activate a vagal nerve stimulator;
(b) Use an epinephrine autoinjector to treat anaphylaxis;
(c) Administer topical over-the-counter medications for the purpose of cleaning, protecting, or comforting the skin, hair, nails, teeth, or oral surfaces, but not for the purpose of treating an open wound or a condition that requires a medical diagnosis, including a fungal infection.
(2) The authority of developmental disabilities personnel to activate a vagal nerve stimulator, use an epinephrine autoinjector, and administer topical over-the-counter medications is subject to all of the following:
(a) To activate a vagal nerve stimulator or use an epinephrine autoinjector, developmental disabilities personnel shall successfully complete the training course or courses developed under section 5123.43 of the Revised Code for developmental disabilities personnel. Developmental disabilities personnel shall activate a vagal nerve stimulator or use an epinephrine autoinjector only as authorized by the training completed.
(b) The employer of developmental disabilities personnel shall ensure that the personnel have been trained specifically with respect to each individual for whom they activate a vagal nerve stimulator or use an epinephrine autoinjector. Developmental disabilities personnel shall not activate a vagal nerve stimulator or use an epinephrine autoinjector for any individual for whom they have not been specifically trained.
(c) If the employer of developmental disabilities personnel believes that the personnel have not or will not safely activate a vagal nerve stimulator or use an epinephrine autoinjector, the employer shall prohibit the developmental disabilities personnel from continuing or commencing to do so. Developmental disabilities personnel shall not engage in the action or actions subject to an employer's prohibition.
(d) Developmental disabilities personnel shall activate a vagal nerve stimulator, use an epinephrine autoinjector, or administer topical over-the-counter medications in accordance with the manufacturer's instructions.
(C)(1) In the case of recipients of early intervention, preschool, and school-age services, as specified in division (A)(1) of this section, all of the following apply:
(a) With nursing delegation, developmental disabilities personnel may perform health-related activities.
(b) With nursing delegation, developmental disabilities personnel may administer oral and topical prescribed medications and topical over-the-counter musculoskeletal medications.
(c) With nursing delegation, developmental disabilities personnel may administer oxygen and metered dose inhaled medications.
(d) With nursing delegation, developmental disabilities personnel may administer prescribed medications through gastrostomy and jejunostomy tubes, if the tubes being used are stable and labeled.
(e) With nursing delegation, developmental disabilities personnel may administer routine doses of insulin through subcutaneous injections, inhalation, and insulin pumps.
(2) In the case of individuals described in divisions (A)(2), (7), and (9) of this section, all of the following apply:
(a) With nursing delegation, developmental disabilities personnel may perform health-related activities.
(b) With nursing delegation, developmental disabilities personnel may administer oral and topical prescribed medications and topical over-the-counter musculoskeletal medications.
(c) With nursing delegation, developmental disabilities personnel may administer oxygen and metered dose inhaled medications.
(d) With nursing delegation, developmental disabilities personnel may administer prescribed medications through gastrostomy and jejunostomy tubes, if the tubes being used are stable and labeled.
(e) With nursing delegation, developmental disabilities personnel may administer routine doses of insulin through subcutaneous injections, inhalation, and insulin pumps.
(f) With nursing delegation, developmental disabilities personnel may administer prescribed medications for the treatment of metabolic glycemic disorders through subcutaneous injections.
(3) In the case of individuals described in divisions (A)(3), (4), (5), (6), and (8) of this section, all of the following apply:
(a) Without nursing delegation, developmental disabilities personnel may perform health-related activities.
(b) Without nursing delegation, developmental disabilities personnel may administer oral and topical prescribed medications and topical over-the-counter musculoskeletal medications.
(c) Without nursing delegation, developmental disabilities personnel may administer oxygen and metered dose inhaled medications.
(d) With nursing delegation, developmental disabilities personnel may administer prescribed medications through gastrostomy and jejunostomy tubes, if the tubes being used are stable and labeled.
(e) With nursing delegation, developmental disabilities personnel may administer routine doses of insulin through subcutaneous injections, inhalation, and insulin pumps.
(f) With nursing delegation, developmental disabilities personnel may administer prescribed medications for the treatment of metabolic glycemic disorders through subcutaneous injections.
(D) The authority of developmental disabilities personnel to administer medications and perform health-related activities pursuant to division (C) of this section is subject to all of the following:
(1) To administer medications or perform health-related activities for individuals in the categories specified under divisions (A)(1) to (9) of this section, developmental disabilities personnel shall obtain the certificate or certificates required by the department of developmental disabilities and issued under section 5123.45 of the Revised Code. Developmental disabilities personnel shall administer medications and perform health-related activities only as authorized by the certificate or certificates held.
(2) If nursing delegation is required under division (C) of this section, developmental disabilities personnel shall not act without nursing delegation or in a manner that is inconsistent with the delegation.
(3) The employer of developmental disabilities personnel shall ensure that the personnel have been trained specifically with respect to each individual for whom they administer medications or perform health-related activities. Developmental disabilities personnel shall not administer medications or perform health-related activities for any individual for whom they have not been specifically trained.
(4) If the employer of developmental disabilities personnel believes that the developmental disabilities personnel have not or will not safely administer medications or perform health-related activities, the employer shall prohibit the the personnel from continuing or commencing to do so. Developmental disabilities personnel shall not engage in the action or actions subject to an employer's prohibition.
(E) In accordance with section 5123.46 of the Revised Code, the department of developmental disabilities shall adopt rules governing its implementation of this section. The rules shall include the following:
(1) Requirements for documentation of the administration of medications and performance of health-related activities by developmental disabilities personnel pursuant to the authority granted under this section;
(2) Procedures for reporting errors that occur in the administration of medications and performance of health-related activities by developmental disabilities personnel pursuant to the authority granted under this section;
(3) Other standards and procedures the department considers necessary for implementation of this section.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
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.