Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) As used in this section:
(1) "In-home care" means the supportive services provided within the home of an individual with a developmental disability who receives funding for the services through a county board of developmental disabilities, including any recipient of residential services funded as home and community-based services, family support services provided under section 5126.11 of the Revised Code, or supported living provided in accordance with sections 5126.41 to 5126.47 of the Revised Code. "In-home care" includes care that is provided outside an individual's home in places incidental to the home, and while traveling to places incidental to the home, except that "in-home care" does not include care provided in the facilities of a county board of developmental disabilities or care provided in schools.
(2) "Parent" means either parent of a child, including an adoptive parent but not a foster parent.
(3) "Unlicensed in-home care worker" means an individual who provides in-home care but is not a health care professional.
(4) "Family member" means a parent, sibling, spouse, son, daughter, grandparent, aunt, uncle, cousin, or guardian of the individual with a developmental disability if the individual with a developmental disability lives with the person and is dependent on the person to the extent that, if the supports were withdrawn, another living arrangement would have to be found.
(5) "Health care professional" means any of the following:
(a) A dentist who holds a valid license issued under Chapter 4715. of the Revised Code;
(b) A registered or licensed practical nurse who holds a valid license issued under Chapter 4723. of the Revised Code;
(c) An optometrist who holds a valid license issued under Chapter 4725. of the Revised Code;
(d) A pharmacist who holds a valid license issued under Chapter 4729. of the Revised Code;
(e) A person who holds a valid license or certificate issued under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, podiatric medicine and surgery, or a limited brand of medicine;
(f) A physician assistant who holds a valid license issued under Chapter 4730. of the Revised Code;
(g) An occupational therapist or occupational therapy assistant or a physical therapist or physical therapist assistant who holds a valid license issued under Chapter 4755. of the Revised Code;
(h) A respiratory care professional who holds a valid license issued under Chapter 4761. of the Revised Code.
(6) "Health care task" means a task that is prescribed, ordered, delegated, or otherwise directed by a health care professional acting within the scope of the professional's practice. "Health care task" includes the administration of oral and topical prescribed medications; administration of nutrition and medications through gastrostomy and jejunostomy tubes that are stable and labeled; administration of oxygen and metered dose inhaled medications; administration of insulin through subcutaneous injections, inhalation, and insulin pumps; and administration of prescribed medications for the treatment of metabolic glycemic disorders through subcutaneous injections.
(B) Except as provided in division (E) of this section, a family member of an individual with a developmental disability may authorize an unlicensed in-home care worker to perform health care tasks as part of the in-home care the worker provides to the individual, if all of the following apply:
(1) The family member is the primary supervisor of the care.
(2) The unlicensed in-home care worker has been selected by the family member or the individual receiving care and is under the direct supervision of the family member.
(3) The unlicensed in-home care worker is providing the care through an employment or other arrangement entered into directly with the family member and is not otherwise employed by or under contract with a person or government entity to provide services to individuals with developmental disabilities.
(4) The health care task is completed in accordance with standard, written instructions.
(5) Performance of the health care task requires no judgment based on specialized health care knowledge or expertise.
(6) The outcome of the health care task is reasonably predictable.
(7) Performance of the health care task requires no complex observation of the individual receiving the care.
(8) Improper performance of the health care task will result in only minimal complications that are not life-threatening.
(C) A family member shall obtain a prescription, if applicable, and written instructions from a health care professional for the care to be provided to the individual. The family member shall authorize the unlicensed in-home care worker to provide the care by preparing a written document granting the authority. The family member shall provide the unlicensed in-home care worker with appropriate training and written instructions in accordance with the instructions obtained from the health care professional. The family member or a health care professional shall be available to communicate with the unlicensed in-home care worker either in person or by telecommunication while the in-home care worker performs a health care task.
(D) A family member who authorizes an unlicensed in-home care worker to administer oral and topical prescribed medications or perform other health care tasks retains full responsibility for the health and safety of the individual receiving the care and for ensuring that the worker provides the care appropriately and safely. No entity that funds or monitors the provision of in-home care may be held liable for the results of the care provided under this section by an unlicensed in-home care worker, including such entities as the county board of developmental disabilities and the department of developmental disabilities.
An unlicensed in-home care worker who is authorized under this section by a family member to provide care to an individual may not be held liable for any injury caused in providing the care, unless the worker provides the care in a manner that is not in accordance with the training and instructions received or the worker acts in a manner that constitutes willful or wanton misconduct.
(E) A county board of developmental disabilities may evaluate the authority granted by a family member under this section to an unlicensed in-home care worker at any time it considers necessary and shall evaluate the authority on receipt of a complaint. If the board determines that a family member has acted in a manner that is inappropriate for the health and safety of the individual receiving the care, the authorization granted by the family member to an unlicensed in-home care worker is void, and the family member may not authorize other unlicensed in-home care workers to provide the care. In making such a determination, the board shall use appropriately licensed health care professionals and shall provide the family member an opportunity to file a complaint under section 5126.06 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.