§ 3721.10 — Residents' rights definitions

Ohio § 3721.10

• Jurisdiction: Ohio
• Title 37: Health-Safety-Morals
• Ch. 3721: Nursing Homes; Residential Care Facilities

Text

As used in sections3721.10to3721.18of the Revised Code:

(A) "Home" means all of the following:

(1) A home as defined in section3721.01of the Revised Code;

(2) Any facility or part of a facility not defined as a home under section3721.01of the Revised Code that is a skilled nursing facility or nursing facility, both as defined in section5165.01of the Revised Code;

(3) A county home or district home operated pursuant to Chapter 5155. of the Revised Code.

(B) "Resident" means a resident or a patient of a home.

(C) "Administrator" means all of the following:

(1) With respect to a home as defined in section3721.01of the Revised Code, a nursing home administrator as defined in section4751.01of the Revised Code;

(2) With respect to a facility or part of a facility not defined as a home in section3721.01of the Revised Code that is authorized to provide skilled nursing facility or nursing facility services, the administrator of the facility or part of a facility;

(3) With respect to a county home or district home, the superintendent or administrator appointed or selected under Chapter 5155. of the Revised Code.

(D) "Sponsor" means an adult relative, friend, or guardian of a resident who has an interest or responsibility in the resident's welfare.

(E) "Residents' rights advocate" means:

(1) An employee or representative of any state or local government entity that has a responsibility regarding residents and that has registered with the department of health under division (B) of section3701.07of the Revised Code;

(2) An employee or representative of any private nonprofit corporation or association that qualifies for tax-exempt status under section 501(a) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered with the department of health under division (B) of section3701.07of the Revised Code and whose purposes include educating and counseling residents, assisting residents in resolving problems and complaints concerning their care and treatment, and assisting them in securing adequate services to meet their needs;

(3) A member of the general assembly.

(F) "Physical restraint" means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, a geriatric chair, or a locked room door.

(G) "Chemical restraint" means any medication bearing the American hospital formulary service therapeutic class 4:00, 28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the central nervous system in a manner that limits physical and cognitive functioning to the degree that the resident cannot attain the resident's highest practicable physical, mental, and psychosocial well-being.

(H) "Ancillary service" means, but is not limited to, podiatry, dental, hearing, vision, physical therapy, occupational therapy, speech therapy, and psychological and social services.

(I) "Facility" means a facility, or part of a facility, certified as a nursing facility or skilled nursing facility, both as defined in section5165.01of the Revised Code. "Facility" does not include an intermediate care facility for individuals with intellectual disabilities, as defined in section5124.01of the Revised Code.

Legislative History

Effective: April 6, 2017 | Latest Legislation: House Bill 290 - 131st General Assembly