Ohio Adm.Code 3701 | Ohio Administrative Code 3701 — Department of Health

Chapter 3701-3 Communicable Diseases

Ohio Adm.Code 3701-3-01 Definitions.

As used in Chapter 3701-3 of the Administrative Code:

(A) "Antimicrobial" means an agent that kills microorganisms (including bacteria, fungi, parasites, or viruses) or suppresses microorganism multiplication or growth.

(B) "Arthropod" means an organism of the phylum Arthropoda, such as an insect, spider, mite or tick.

(C) "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of a microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, animal, plant, or other living organism as a means of influencing the conduct of government or intimidating or coercing a population.

(D) "Board of health" means the board of health of the city or general health district established by section 3709.01 of the Revised Code, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code.

(E) "Child care center" means any private home, institution, or public or private facility in which child care is provided for one or more infants, toddlers, pre-school children, and school children outside of school hours, during any part of the twenty-four hour day, by persons other than the parents or legal guardians of the children in care.

(F) "Department" means the Ohio department of health.

(G) "Diarrhea" means three or more loose stools in a twenty-four hour period.

(H) "Director" means the director of health or his or her designee.

(I) "Endemic" means the constant presence of a disease or infectious agent within a given geographic area.

(J) "Epidemic" or "outbreak" means the occurrence of cases of disease in numbers greater than expected in a particular population or for a particular period of time.

(K) "Event" means an important happening or occurrence that results from an actual or suspected act of bioterrorism, epidemic or pandemic disease, established or novel infectious agents, or biological or chemical toxins.

(L) "Exclude" means to bar from participation.

(M) "Food handler" means a person who prepares or serves food intended for human consumption.

(N) "Health care provider" means any person or government entity that provides health care services to individuals. "Health care provider" includes, but is not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, dentists, physician assistants, registered and licensed practical nurses, emergency medical service organization personnel, and ambulance service personnel.

(O) "Health district" means a city or general health district as created by Chapter 3709. of the Revised Code.

(P) "Incidence" means the number of new cases of a disease occurring during a specified interval of time in a defined population.

(Q) "Infected individual" means a person whose body harbors a specific microorganism capable of producing disease, whether or not the person is experiencing signs or symptoms of the disease. It does not include an individual being evaluated for immunity due to vaccination or previous instances of disease.

(R) "Isolation" means the separation of an infected individual from others during the period of disease communicability in such a way that prevents, as far as possible, the direct or indirect conveyance of an infectious agent to those who are susceptible to infection or who may spread the agent to others.

(S) "Mammal" means a warm blooded animal, other than a human being, usually with hair, that gives birth to live young, which are fed with milk secreted by the female mammary gland.

(T) "Pandemic" means an epidemic disease that is occurring throughout a very wide area, usually several countries or continents, and usually affecting a large proportion of the population.

(U) "Pan-non-susceptible" means an organism or isolate that is either resistant or not completely susceptible (intermediate susceptibility) to all antimicrobials tested.

(V) "Period of communicability" means the interval during which an infected individual or animal is shedding the specific microorganism of a communicable disease in such a manner that those who are susceptible could acquire the infection.

(W) "Poison prevention and treatment center" or "center" means an entity designated as a poison prevention and treatment center by the director of health under section 3701.20 of the Revised Code.

(X) "Quarantine" means the restriction of the movements or activities of a well individual or animal who has been exposed to a communicable disease during the period of communicability of that disease and in such a manner that transmission of the disease may have occurred. The duration of the quarantine ordered shall be equivalent to the usual incubation period of the disease to which the susceptible person or animal was exposed.

(Y) "Sensitive occupation" means direct food handling, direct patient care, the handling of food or provision of direct care to children in a child care center, or any other occupation which provides significant opportunity for an infected individual to transmit infectious disease agents.

(Z) "Sexually-transmitted disease" or "venereal disease" is an infectious disease commonly contracted through sexual contact such as chancroid, chlamydia, gonococcal infection, granuloma inguinale, human immunodeficiency virus infection, lymphogranuloma venereum, or syphilis.

(AA) "Surveillance" means, in the public health service, the systematic collection, analysis, interpretation, and dissemination, of health data on an on-going basis, to gain knowledge of the pattern of disease occurrence and potential in a community in order to control and prevent disease in the community.

(BB) "Susceptible person" means a person that, when exposed to an infectious microorganism, may not possess sufficient resistance to prevent contracting the infection or disease.

Last updated October 1, 2025 at 8:07 AM

History

Effective: October 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-02 Diseases to be reported.

The diseases listed in this rule and classified as class "A," class "B," and class "C" are declared to be dangerous to the public health and are reportable. The occurrence of cases or suspected cases of a disease classified as class "A," class "B," or class "C" are to be reported, in detail, by health care providers and laboratories to the board of health on forms as prescribed and provided by the director and are to be reported in accordance with this rule and Chapter 3701-3 of the Administrative Code.

(A) Due to the severity of disease or the potential for epidemic spread, diseases of major public health concern are classified as class "A." The following diseases are classified as class "A" and are to be reported immediately via telephone in accordance with rules 3701-3-03, 3701-3-04, and 3701-3-05 of the Administrative Code:

(1) Anthrax;

(2) Botulism;

(3) Diphtheria;

(4) Free-living amoeba infection;

(5) Influenza "A" - novel virus infection;

(6) Measles;

(7) Meningococcal disease;

(8) Middle east respiratory syndrome (MERS);

(9) Plague;

(10) Rabies, human;

(11) Rubella (not congenital);

(12) Severe acute respiratory syndrome (SARS);

(13) Smallpox;

(14) Tularemia, inhalation;

(15) Viral hemorrhagic fever (VHF), including Ebola virus disease, Lassa fever, Marburg hemorrhagic fever, and Crimean-Congo hemorrhagic fever; and

(16) Any unexpected pattern of cases, suspected cases, deaths or increased incidence of any other disease of major public health concern, because of the severity of disease or potential for epidemic spread, which may indicate a newly recognized infectious agent, outbreak, epidemic, related public health hazard or act of bioterrorism.

(B) Due to the potential for epidemic spread, diseases of significant public health concern are classified as class "B." The following diseases are classified as class "B" and are to be reported in accordance with this rule and rules 3701-3-03, 3701-3-04, and 3701-3-05 of the Administrative Code:

(1) Anaplasmosis;

(2) Arboviral neuroinvasive and non-neuroinvasive diseases:

(a) Chikungunya virus infection;

(b) Eastern equine encephalitis virus disease;

(d) Powassan virus disease;

(e) St. Louis encephalitis virus disease;

(f) West Nile virus infection;

(g) Western equine encephalitis virus disease;

(h) Yellow Fever;

(i) Zika virus disease;

(j) Other Arthropod-borne diseases;

(3) Babesiosis;

(4) Brucellosis;

(5) Campylobacteriosis;

(6) Candida auris;

(7) Carbapenemase-producing organisms:

(8) Chancroid;

(9) Chlamydia trachomatis infections;

(10) Cholera;

(11) Coccidioidomycosis;

(12) Creutzfeldt-Jakob disease (CJD);

(13) Cronobacter, invasive infection in infants less than twelve months of age;

(14) Cryptosporidiosis;

(15) Cyclosporiasis;

(16) Dengue;

(17) E. coli O157:H7 and Shiga toxin-producing E. coli (STEC);

(18) Ehrlichiosis;

(19) Giardiasis;

(20) Gonorrhea (Neisseria gonorrhoeae);

(21) Haemophilus influenzae (invasive disease);

(22) Hantavirus;

(23) Hepatitis A;

(24) Hepatitis B (non-perinatal);

(25) Hepatitis B (perinatal);

(26) Hepatitis C (non-perinatal);

(27) Hepatitis C (perinatal);

(28) Hepatitis D (delta hepatitis);

(29) Hepatitis E;

(30) Legionnaires' disease;

(31) Leprosy (Hansen disease);

(32) Leptospirosis;

(33) Listeriosis;

(34) Lyme disease;

(35) Malaria;

(36) Melioidosis;

(37) Meningitis, bacterial;

(38) Mumps;

(39) Mpox;

(40) Pertussis;

(41) Poliomyelitis (including vaccine-associated cases);

(42) Psittacosis;

(43) Q fever;

(44) Rubella (congenital);

(45) Salmonella Paratyphi infection;

(46) Salmonella Typhi infection (typhoid fever);

(47) Salmonellosis;

(48) Shigellosis;

(49) Spotted Fever Rickettsiosis, including Rocky Mountain spotted fever (RMSF);

(50) Staphylococcus aureus, with resistance or intermediate resistance to vancomycin (VRSA, VISA);

(51) Streptococcal disease, group A, invasive (IGAS);

(52) Streptococcal disease, group B, in newborn;

(53) Streptococcal toxic shock syndrome (STSS);

(54) Streptococcus pneumoniae, invasive disease (ISP);

(55) Syphilis;

(56) Tetanus;

(57) Trichinellosis;

(58) Tuberculosis (TB):

(a) Active disease;

(b) Latent infection in a child two years of age or younger;

(59) Tularemia, non-inhalation;

(60) Varicella;

(61) Vibriosis; and

(62) Yersiniosis.

(C) The following are classified as class "C" and are to be reported by the end of the next business day in accordance with this rule and rules 3701-3-03, 3701-3-04, and 3701-3-05 of the Administrative Code unless paragraph (C)(7) of this rule applies - outbreak, unusual incidence, or epidemic of other infectious diseases from the following sources:

(1) Community;

(2) Foodborne;

(3) Healthcare-associated;

(4) Institutional;

(5) Waterborne; and

(6) Zoonotic;

(7) If the outbreak, unusual incidence, or epidemic, including but not limited to, histoplasmosis, pediculosis, scabies, and staphylococcal infections, has an unexpected pattern of cases, suspected cases, deaths, or increased incidence of disease that is of a major public health concern pursuant to paragraph (A)(16) of this rule, then such outbreak, unusual incidence, or epidemic is to be reported in accordance with paragraph (A) of rule 3701-3-05 of the Administrative Code.

Last updated October 1, 2025 at 8:07 AM

History

Effective: October 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-03

(A) A health care provider with knowledge of a case or suspect case of a disease which is required by law to be reported, including all class "A", class "B", and class "C" categories of disease designated as reportable under rule 3701-3-02 of the Administrative Code, is to submit a case report in the manner set forth in rule 3701-3-05 of the Administrative Code.

(1) A health care provider may submit electronic reports in the manner approved by the director.

(2) Unless otherwise demonstrated, a health care provider who submits electronic reports in the manner approved by the director shall be presumed compliant with section 3701.23 of the Revised Code and rules 3701-3-02, 3701-3-04, and 3701-3-05 of the Administrative Code.

(B) Reports of cases and suspect cases will include, but not be limited to, the following:

(1) Case or suspect case information: name, diagnosis or suspected diagnosis, date of birth, sex, race, ethnicity, telephone number, and street address including city, state, and zip code.

(2) Health care provider information: name, telephone number, and street address including city, state, and zip code.

(3) Supplementary information as needed to complete official surveillance forms provided or set forth by the director.

(C) Any individual having knowledge of a person suffering from a disease suspected of being communicable is authorized to report to public health authorities all known facts relating to the case or incident.

Last updated October 1, 2025 at 8:08 AM

History

Effective: October 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-04

(A) The person in charge of any laboratory that examines specimens of human origin for evidence of diseases designated as reportable by rule 3701-3-02 of the Administrative Code is to report all positive results of such examinations in the manner set forth in rule 3701-3-05 of the Administrative Code.

(B) A positive result of a laboratory examination for a reportable disease is considered reason to suspect that a person is infected by that disease. Upon receipt of a laboratory report of a positive result for a reportable disease, the city or general health district in which the suspect case resides is to make an inquiry through the appropriate health care provider to determine if the suspected case exists.

(1) Case information: name, date of birth, sex, race, ethnicity, and street address including city, state, and zip code.

(2) Laboratory test information: specimen identification number, specimen collection date, specimen type, test name, test result, and if applicable, the organism and serotype.

(3) Health care provider information: name, telephone number, street address including city, state, and postal zip code.

(D) Upon isolation of the following organisms, an isolate is to be submitted to the Ohio department of health public health laboratory:

(1) Candida auris;

(2) Carbapenem-resistant organisms;

(3) Haemophilus influenzae isolated from normally sterile body sites in a patient aged less than five years;

(4) Legionella spp.;

(5) Listeria monocytogenes isolated from normally sterile body sites;

(6) Mycobacterium tuberculosis complex;

(7) Neisseria meningitidis isolated from normally sterile body sites;

(8) Pan-non-susceptible organisms;

(9) Salmonella spp;

(10) Shiga-toxin producing Escherichia coli (including O157);

(11) Vancomycin-resistant Staphylococcus aureus;

(12) Vibrio spp.

(E) The following patient specimens are to be submitted to the Ohio department of health laboratory:

(1) Stool and normally sterile body site specimens that have tested positive by a culture independent diagnostic test for the organisms listed in paragraph (D) of rule 3701-3-04 of the Administrative Code, if the laboratory does not perform reflex culture testing;

(2) Stool specimens in transport medium that have tested positive by a culture independent diagnostic test for norovirus infection, upon request of the local health district or the department.

Last updated October 1, 2025 at 8:08 AM

History

Effective: October 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-05

Reports by health care providers, as specified in rule 3701-3-03 of the Administrative Code, and reports by laboratories of positive results, as specified in rule 3701-3-04 of the Administrative Code, are to be provided in the manner set forth by the director according to the following time and method of reporting:

(A) Cases, suspect cases, and positive laboratory results for diseases specified as class "A" in paragraph (A) of rule 3701-3-02 of the Administrative Code are to be initially and immediately provided by telephone to the local health jurisdiction in which the case or suspected case resides, or if the residence is unknown, to the Ohio department of health. Follow up reports are to be provided in the manner set forth by the director. If cases, suspect cases, and positive laboratory results for diseases specified as class "A" are reported to a local health district, such local health jurisdiction is to immediately notify the Ohio department of health in the manner set forth by the director.

(B) Case and suspect case reports and reports of positive laboratory results for diseases specified as class "B" in paragraph (B) of rule 3701-3-02 of the Administrative Code are to be provided by the end of the next business day.

(C) Reports related to an actual or suspected outbreak, unusual incident, or epidemic of any disease specified as class "C" in paragraph (C) of rule 3701-3-02 of the Administrative Code are to be provided by the end of the next business day, unless the unexpected pattern of cases, suspect cases, deaths, or increased incidence of disease is of major public health concern pursuant to paragraph (A) of rule 3701-3-02 of the Administrative Code, then such reports are to be made according to paragraph (A) of this rule.

Last updated December 15, 2025 at 7:39 AM

History

Effective: December 13, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-02.2 Air- and blood-borne diseases reasonably likely to be transmitted to emergency medical services workers.

(A) Section 3701.248 of the Revised Code allows an emergency medical services worker to ask a health care facility or coroner to notify them of the results of tests for certain diseases, if the worker believes that he or she had a significant exposure through contact with a patient. The diseases subject to this procedure are contagious or infectious diseases that are specified as reasonably likely to be transmitted by air or blood during the normal course of an emergency medical services worker's duties. The diseases listed in paragraph (B) of this rule are specified for purposes of section 3701.248 of the Revised Code.

(B) The following diseases are specified as reasonably likely to be transmitted by air or blood during the normal course of an emergency medical worker's duties:

(1) Diphtheria;

(2) Acute or chronic infection with hepatitis B virus;

(3) Acute or chronic infection with hepatitis C virus;

(4) Infection with hepatitis D virus (delta hepatitis);

(5) Human immunodeficiency virus (HIV) infection, including acquired immunodeficiency syndrome (AIDS);

(6) Measles (rubeola);

(7) Meningococcal disease (Neisseria meningitidis);

(8) Middle east respiratory syndrome (MERS);

(9) Pneumonic plague (Yersinia pestis);

(10) Rabies;

(11) Rubella (German measles);

(12) Severe acute respiratory syndrome (SARS);

(13) Viral hemorrhagic fevers (e.g., Crimean-Congo hemorrhagic fever, Ebola virus disease, Marburg virus disease, Lassa fever).

Last updated December 15, 2025 at 7:38 AM

History

Effective: December 13, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-06 Reporting to department.

A board of health that receives a report of a case, suspected case or positive laboratory result pursuant to rules 3701-3-02, 3701-3-03, 3701-3-04, and 3701-3-05 of the Administrative Code is to report the same report to the department as follows:

(A) Diseases specified as class "A" in paragraph (A) of rule 3701-3-02 of the Administrative Code are to be reported by telephone immediately after the existence of such case or suspect case is known to the board of health.

(B) Diseases specified as class "B" in paragraph (B) of rule 3701-3-02 of the Administrative Code are to be reported by the end of the next business day after the existence of such case or suspect case or positive laboratory result is known to the board of health.

(C) Outbreaks, unusual incidence, or epidemics of diseases specified as class "C" in paragraph (C) of rule 3701-3-02 of the Administrative Code are to be reported by the end of the next business day after the outbreak, unusual incidence, or epidemic is known to the board of health.

Last updated December 15, 2025 at 7:39 AM

History

Effective: December 13, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-07 Reporting Requirements-Illnesses and Health Conditions.

(A) As used in this rule:

(1) "Dedicated emergency department" means any department or facility of a hospital, regardless of whether it is located on or off the main hospital campus, which meets at least one of the following requirements:

(a) It is held out to the public (by name, posted signs, advertising, or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or

(b) During the calendar year immediately preceding the calendar year in which a determination under this section is being made, based on a representative sample of patient visits that occurred during that calendar year, it provides at least one-third of all its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.

(2) "Health condition" means any physiological, mental, or psychological condition or impairment, as specified in this rule.

(B) A dedicated emergency department is to report, by the end of the next business day, symptom data related to illnesses and health conditions (e.g., chief complaint). A dedicated emergency department that is not using an electronic reporting system to report under this paragraph is also to immediately report the following information by telephone or electronically:

(1) Whenever the dedicated emergency department identifies a cluster of patients with a higher than expected rate of symptoms or chief complaints related to fever or respiratory or gastrointestinal illnesses or health conditions;

(2) Significant changes in expected patterns of symptoms or chief complaints related to fever or respiratory or gastrointestinal illnesses or health conditions that may be caused by bioterrorism, epidemic or pandemic disease, or established or novel infectious agents or biological toxins posing a risk of human fatality or disability; or

(3) An unexpected increase in the number of patients with the same or similar symptoms or chief complaint related to fever or respiratory or gastrointestinal illnesses or health conditions.

(C) Health care providers, as defined in section 3701.23 of the Revised Code, are to report the following health conditions according to paragraph (B) of rule 3701-3-05 of the Administrative Code and boards of health are to report according to paragraph (B) of rule 3701-3-06 of the Administrative Code:

(1) Acute flaccid myelitis (AFM);

(2) Hemolytic uremic syndrome (HUS);

(3) Hospitalizations of:

(a) Coronavirus Disease 2019 (COVID-19);

(b) Influenza;

(4) Influenza-associated pediatric mortality;

(5) Toxic shock syndrome (TSS).

(D) A health care provider, including a dedicated emergency department, is to submit data or reports required by this rule using forms and formats approved by the director. A health care provider using an electronic reporting system or systems, including the use of a third-party organization on behalf of the health care provider or dedicated emergency department, to the extent approved by the director, is deemed to comply with the reporting requirements of this rule until such use is no longer considered approved by the director.

Last updated October 1, 2025 at 8:08 AM

History

Effective: October 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-08 Release of patient's medical records.

Any person, hospital, clinic, agency or other institution or facility providing care or treatment to an individual suffering from a communicable disease which is to be reported under Chapter 3701. of the Revised Code and the rules adopted by the director of health, or a disease that the director requires special inquiry be made under sections 3701.13 and 3701.14 of the Revised Code, will, upon request by the director or health commissioner or their designees, provide access to the patient's medical record during an investigation of such disease.

Last updated October 1, 2025 at 8:08 AM

History

Effective: October 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-10 Approval of human immunodeficiency virus tests.

(A) In approving tests to be used to determine whether an individual has human immunodeficiency virus infection under division (B)(1) of section 3701.241 of the Revised Code, the director of health shall consider:

(1) Whether the test has been approved by the United States food and drug administration.

(2) The recommendations of the United States centers for disease control and prevention.

(B) The director shall define a confirmed positive test result as:

(1) Two or more reactive enzyme immunoassay tests;

(2) A positive culture of the human immunodeficiency virus;

(3) A positive reaction to an human immunodeficiency virus antigen test licensed by the United States food and drug administration;

(4) Identification of the human immunodeficiency virus by the use of nucleic acid amplification probe to detect the presence of human immunodeficiency virus;

(5) The director may define other confirmed positive test results after consideration of the recommendations of the United States centers for disease control and prevention.

(C) In developing guidelines for interpreting test results, the director shall consider interpretation criteria established by the United States centers for disease control and prevention.

History

Effective: July 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-11 Requirements related to human immunodeficiency virus testing.

(A) A human immunodeficiency virus (HIV) test may be performed by or on the order of the health care provider who, in the exercise of the provider's professional judgment and within the provider's scope of practice, determines the test to be necessary for providing diagnosis and treatment to the individual to be tested if the individual or the individual's parent or guardian has given consent. Prior to performing or ordering an HIV test, the health care provider shall inform the individual to be tested of the individual's right to an anonymous test as set forth in section 3701.242 of the Revised Code and paragraph (C) of this rule.

(B) Pursuant to division (B) of section 3701.242 of the Revised Code, a minor may consent to be given an HIV test. The consent is not subject to disaffirmance because of minority. The parents or guardian of a minor giving consent under this paragraph are not responsible for payments for an HIV test given to the minor without the consent of a parent or the guardian.

(C) Any individual seeking an HIV test shall have the right, on the individual's request, to an anonymous test. A health care facility or health care provider that does not provide anonymous testing shall refer the individual requesting an anonymous test to a site where anonymous testing is available.

(D) If an individual tests positive for HIV, the health care provider who performed or ordered the test shall provide post-test counseling. Post-test counseling is suggested for all individuals seeking testing. Post-test counseling may be verbal or in writing and shall included, but is not limited to, the following:

(1) An explanation of the HIV test result. If, at the time of the HIV test, the result is preliminarily positive, the health care provider must explain the next step to confirm the test result;

(2) The nature of HIV disease;

(3) A list of resources for medical treatment, social services and, when necessary, a referral for further counseling to help that individual cope with the emotional consequences of learning of the test result;

(4) The individual will be provided information about the importance of following safer sex practices to protect themselves from sexually transmitted diseases, as well as how to protect others from being infected; and

(5) The individual will be provided information about Ohio's HIV disclosure laws.

(E) The requirements of paragraphs (B) to (D) of this rule do not apply to the performance of an HIV test in any of the following circumstances:

(1) When the test is performed in a medical emergency by a nurse or physician and the test results are medically necessary to avoid or minimize an immediate danger to the health or safety of the individual to be tested or another individual. Post-test counseling shall be given to the individual if the individual received an HIV positive test result as soon as possible after the emergency is over;

(2) When the test is performed for the purpose of research if the researcher does not know and cannot determine the identity of the individual tested;

(3) When the test is performed by a person who procures, processes, distributes, or uses a human body part from deceased person donated for a purpose specified in Chapter 2108. of the Revised Code, if the test is medically necessary to ensure that the body part is acceptable for its intended purpose;

(4) When the test is performed on a person incarcerated in a penal institution if the head of the institution has determined, based on good cause, that a test is necessary; or

(5) When the test is performed on an individual after the infection control committee of a health care facility, or other body of a health care facility performing a similar function determines that a health care provider, emergency medical service worker, or peace officer, when rendering health or emergency care to an individual, has sustained significant exposure to the body fluids that are known to transmit HIV of that individual, and the individual has refused to give consent for testing.

(F) The consent of the individual to be tested is not required, and the individual or guardian may not elect to have an anonymous test, when the test is ordered by a court in connection with a criminal investigation.

History

Effective: October 30, 2010
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-12 AIDS, ARC, and HIV test reporting.

(A) As used in this rule:

(1) "AIDS" has the same meaning as in section 3701.24 of the Revised Code.

(2) "ARC" is a historic term having the same meaning as in section 3701.24 of the Revised Code.

(3) "A CD4 count" means a count of lymphocytes containing the CD4 epitope as determined by the results of lymphocyte phenotyping.

(4) "Health care facility" has the same meaning as in section 3701.24 of the Revised Code.

(5) "Health care provider" has the same meaning as in section 3701.23 of the Revised Code.

(6) "HIV" has the same meaning as in section 3701.24 of the Revised Code.

(7) "HIV infection" means a disease of the human immune system caused by infection with the human immunodeficiency virus.

(8) "HIV test" has the same meaning as in section 3701.24 of the Revised Code.

(9) "HIV viral load" means concentration of HIV virus in blood.

(B) Persons required to report cases of AIDS, ARC, HIV, confirmed positive tests for HIV, and HIV infections pursuant to divisions (B) and (C) of section 3701.24 of the Revised Code and this rule are as follows:

(1) Health care providers shall report every case of HIV infection, including AIDS, for persons under their treatment and care. In an institutional or health care facility setting, a designated agent, including, but not limited to, an infection preventionist may make the report for the diagnosing or treating health care provider.

(2) The individual in charge of the laboratory shall report all positive or repeatedly reactive results from antigen detection, nucleic acid detection, detection of antibody confirmed with a supplemental test, or positive cultures used in the diagnosis of HIV infection, CD4 counts and percentages when performed to monitor the progression of HIV disease, and detectable and undetectable viral load results when performed to monitor the efficacy of HIV treatment. If a second laboratory is used for additional or supplemental HIV testing, the person in charge of the laboratory first receiving the specimen shall report the results of the supplemental testing.

(C) Every health care provider attending a newborn infant or child born to an HIV infected mother shall report every instance of perinatal exposure to HIV and any subsequent test results on every such exposed newborn infant or child until such time that either an HIV infection or a sero status that is negative is confirmed. In an institutional or health care facility setting, a designated agent, including, but not limited to, an infection preventionist, may make the report for the diagnosing or treating health care provider.

(D) Persons designated by paragraphs (B) and (C) of this rule shall report every case of HIV infection, including AIDS, every instance of perinatal exposure to HIV, and HIV test as described in paragraph (B)(2) of this rule to the department of health as follows (in each county the director shall designate the health commissioner of a health district in the county to receive the reports):

(1) Health care provider shall provide the following information:

(a) Case information: name, diagnosis, date of birth, sex, ethnicity, race, and street address including city, state, and zip code.

(b) Health care provider information: name, telephone number, and street address including city, state, and zip code.

(c) Laboratory test information: specimen collection date, specimen type, test name, test result, and reference range, where applicable.

(d) Supplementary information as needed to complete official surveillance forms provided or set forth by the director.

(e) A health care provider may submit electronic reports in the manner approved by the director.

(2) Person in charge of a laboratory shall provide the following information:

(a) Case information: name, diagnosis, date of birth, sex, ethnicity, race, and street address including city, state, and zip code.

(b) Health care provider information: name, telephone number, and street address including city, state, and zip code.

(d) Laboratory test information: specimen collection date, specimen type, test name, test result, and reference range, where applicable.

(e) A laboratory may submit electronic reports in the manner approved by the director.

(3) Health care providers and laboratories shall report in the following manner:

(a) Persons designated in paragph (B)(1) of this rule shall report to the local health district in which the case resides, or if the residence is unknown, to the Ohio department of health no later five calendar days from the date of diagnosis or specimen collection date, whichever is later.

(b) Persons designated in paragraph (B)(2) of this rule shall report to the local health district in which the case resides, or if the residence is unknown, to the Ohio department of health no later than five calendar days from the test result.

(c) Persons designated in paragraph (C) of this rule shall report to the local health district in which the infant was born, or if unknown, to the Ohio department of health no later than five calendar days from the infant's date of birth.

History

Effective: July 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-13 Isolation requirement.

A person infected with one of the following specified diseases or conditions is tobe isolated as set forth in this rule:

(A) Amebiasis: a person with amebiasis who attends a child care center or works in a sensitive occupation is tobe excluded from the child care center or work in the sensitive occupation and may return when chemotherapy has been completed and diarrhea has ceased.

(B) Campylobacteriosis: a person with campylobacteriosis who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return when the following conditions are met:

(1) A child may return to a child care center after his or her diarrhea has ceased.

(2) A person may return to work in a sensitive occupation after diarrhea has ceased, provided the person's duties do not include food handling.

(3) A food handler may return to work only after diarrhea has ceased and one of the following conditions are met:

(a) Forty-eight hours of effective antimicrobial therapy; or

(b) Two consecutive follow-up stool specimens are negative for Campylobacter.

(C) Chickenpox: a person with chickenpox is to be isolated, including exclusion from school, child care center, and public places until the sixth day after onset of rash, or until all lesions are dry. Contagiousness may be prolonged in patients with altered immunity. Persons with chickenpox are to avoid contact with susceptible persons.

(D) Cholera: a person with cholera who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return when the following conditions are met:

(1) A child may return to a child care center after diarrhea has ceased.

(2) A person may return to work in a sensitive occupation after diarrhea has ceased, provided that his or her duties do not include food handling.

(3) A food handler may return to work after diarrhea has ceased and two consecutive follow-up stool specimens are negative for Vibrio cholerae.

(E) Conjunctivitis, purulent: a person with purulent conjunctivitis who attends or works in a child care center is to be excluded from the child care center and may return twenty-four hours after the initiation of effective antimicrobial therapy.

(F) Cryptosporidiosis: a person with cryptosporidiosis who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return when the following conditions are met:

(1) The child may return to the child care center after diarrhea has ceased.

(2) A person may return to work in a sensitive occupation after diarrhea has ceased, provided that his or her duties do not include food handling.

(3) A food handler may return to work after diarrhea has ceased and after three consecutive follow-up stool specimens are negative for Cryptosporidium.

(G) Cyclosporiasis: a person with cyclosporiasis who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return after diarrhea has ceased and effective antimicrobial therapy has begun.

(H) Diarrhea, infectious or of unknown cause: a person with diarrhea, of infectious or unknown cause, who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return only after diarrhea has ceased. A person with infectious diarrhea of known cause is to be isolated in accordance with the provisions of the rule set forth for the specified disease.

(I) Diphtheria: a person with diphtheria is to be isolated until two cultures, from both throat and nose, and additionally, in the case of cutaneous diphtheria, a culture from skin lesions, are negative for diphtheria bacilli. Cultures are to be taken not less than twenty-four hours apart, and not less than twenty-four hours after cessation of antimicrobial therapy. If culturing is unavailable or impractical, isolation may be ended after fourteen days of effective antimicrobial therapy.

(J) Escherichia coli (E. coli) O157:H7, other enterohemorrhagic (Shiga toxin-producing) E. coli or hemolytic uremic syndrome (HUS): a person with Escherichia coli (E. coli) O157:H7, other enterohemorrhagic (Shiga toxin-producing) E. coli or hemolytic uremic syndrome (HUS) who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return after his or her diarrhea has ceased and after two consecutive follow-up stool specimens are negative for E. coli O157:H7 or other enterohemorrhagic (Shiga toxin-producing) E. coli.

(K) Giardiasis: a person with giardiasis who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return after diarrhea has ceased and one of the following conditions have been met:

(1) Seventy-two hours of effective antimicrobial therapy; or

(2) Three consecutive follow-up stool specimens are negative for Giardia.

(L) Hepatitis A: a person with hepatitis A who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation until ten days after initial onset of symptoms.

(M) Measles: a person with measles is to be isolated, including exclusion from school or child care center, for four days following the onset of rash. Contagiousness may be prolonged in patients with altered immunity.

(N) Meningitis, aseptic, and viral meningoencephalitis, but not including arthropod-borne disease: a person with aseptic meningitis or viral meningoencephalitis is to be excluded from school or child care center until he or she is afebrile.

(O) Meningococcal disease: a person with meningococcal disease is to be isolated until twenty-four hours after the initiation of effective antimicrobial therapy.

(P) MERS (middle east respiratory syndrome): a person with confirmed or suspected MERS is to be placed in airborne isolation until no longer considered infectious.

(Q) Mumps: a person with mumps is to be isolated, including exclusion from school or child care center, for five days after the onset of parotid swelling.

(R) Pertussis (whooping cough): a person with pertussis, who is not treated with effective antimicrobial therapy, is to be isolated, including exclusion from school or child care center, until three weeks after the onset of paroxysms. If effective antimicrobial therapy is given, the person is to be isolated for five days after initiation of antimicrobial therapy.

(S) Plague, pneumonic: a person with pneumonic plague is to be placed in droplet isolation until completion of forty-eight hours of effective antimicrobial therapy.

(T) Rubella: a person with rubella is to be isolated, including exclusion from school or child care center, for seven days after the onset of the rash. Persons with congenital rubella are to be isolated until they are one year old unless nasopharyngeal and urine cultures after three months of age are repeatedly negative for rubella.

(U) Salmonella Paratyphi infection: a person who works in a sensitive occupation is to be excluded from work and may return after the person is asymptomatic and after three consecutive follow-up stool specimens are negative for Salmonella Paratyphi.

(V) Salmonella Typhi infection: a person who works in a sensitive occupation is to be excluded from work and may return after the person is asymptomatic and after three consecutive follow-up stool specimens are negative for Salmonella Typhi.

(W) Salmonellosis: a person with salmonellosis who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return when the following conditions are met:

(1) The child may return to the child care center after diarrhea has ceased.

(2) A person may return to work in a sensitive occupation after diarrhea has ceased, provided that his or her duties do not include food handling.

(3) A person who is a food handler may return to work after diarrhea has ceased and after two consecutive follow-up stool specimens are negative for Salmonella.

(X) SARS (severe acute respiratory distress syndrome): a person with confirmed or suspected SARS is to be placed in airborne isolation until no longer considered infectious.

(Y) Scabies: a person with the manifestation of scabies known as "crusted scabies" is to be isolated until the mite can no longer be demonstrated on a scabies preparation following treatment with an effective scabicide.

(Z) Shigellosis: a person with shigellosis who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return if diarrhea has ceased and after two consecutive follow-up stool specimens are negative for Shigella.

(AA) Smallpox: a person with confirmed or suspected smallpox is to be placed in airborne isolation in a facility designated by the director. The patient's release from the facility can occur when all scabs have fallen off.

(BB) Streptococcal infection: a person with a streptococcal infection is to be excluded from school or child care center for twelve hours after the initiation of effective antimicrobial therapy.

(CC) Tuberculosis (TB): a person with infectious tuberculosis is to be isolated according to Chapter 3701-15 of the Administrative Code until the person has met standards outlined in rule 3701-15-03 of the Administrative Code to be considered non-infectious and the local authorized TB authority, as set out in section 339.72 of the Revised Code, or his or her designee approves that person's removal from isolation.

(DD) Typhus: a louse infested person with typhus is to be isolated until twenty-four hours after application of an effective pediculicide for body lice and clothing and environment are free of body lice.

(EE) Viral hemorrhagic fever (VHF): a person with confirmed or suspected viral hemorrhagic fever is to be placed in airborne isolation until no longer considered infectious.

(FF) Yellow fever: a person with confirmed or suspected yellow fever is to be isolated to prevent access of mosquitoes to the patient for at least five days after onset of disease.

(GG) Yersiniosis: a person with yersiniosis who attends a child care center or works in a sensitive occupation is to be excluded from the child care center or work in the sensitive occupation and may return when the following conditions are met:

(1) A child may return to the child care center after diarrhea has ceased.

(2) A person may return to work in a sensitive occupation after diarrhea has ceased, provided that his or her duties do not include food handling.

(3) A food handler may return to work after diarrhea has ceased and two consecutive follow-up stool specimens are negative for Yersinia.

Last updated October 1, 2025 at 8:09 AM

History

Effective: October 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-15-03

(A) Except as set out in this rule, for purposes of section 3701.14 of the Revised Code, the Ohio department of health adopts, by reference, the following tuberculosis standards:

(1) All tuberculosis reference materials can be found on the United States centers for disease control and prevention's website at https://www.cdc.gov/tb/publications/guidelines/default.htm.

(2) The recommendations of the United States centers for disease control and prevention as set out in "Core Curriculum on Tuberculosis: What Every Clinician Should Know." The "Core Curriculum" may be found at https://www.cdc.gov/tb/education/corecurr/index.htm.

(3) The recommendations of the United States centers for disease control and prevention, the American thoracic society, and infectious diseases society of America as set out in "Treatment of Drug-Susceptible Tuberculosis," " Clinical Infectious Diseases," 2016; 63(7):e147-95.

(4) The recommendations of the United States centers for disease control and prevention as set out in "Targeted Tuberculin Testing and Treatment of Latent Tuberculosis Infection," "Morbidity and Mortality Weekly Report: Recommendations and Reports, Vol. 49, No. RR-6, June 9, 2000," as modified by "Update of Recommendations for Use of Once-Weekly Isoniazid-Rifapentine Regimen to Treat Latent Mycobacterium Tuberculosis Infection," "Morbidity and Mortality Weekly Report": June 29, 2018/67(25); 723-726.

(5) The recommendations of the United States centers for disease control and prevention as set out in "Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health-Care Setting," 2005, "Morbidity and Mortality Weekly Report": December 30, 2005/54(RR17); 1-141, as modified by "Tuberculosis Screening Testing, and Treatment of U.S. Health-Care Personnel: Recommendations from the National Tuberculosis Controllers Association and CDC, 2019," "Morbidity and Mortality Weekly Report": May 17, 2019/68(19); 439-443.

(B) Except as set out in paragraph (A) of this rule, the standards for performing tuberculosis screenings shall be as follows:

(1) Decisions related to tuberculosis screening activities shall be based on local epidemiologic data identifying groups at risk of tuberculosis infection.

(2) Health care agencies or other facilities shall consult with the local tuberculosis control unit before starting a tuberculosis screening program to ensure that adequate provisions are made for the evaluation and treatment of persons whose tuberculin skin test or blood assay for Mycobacterium tuberculosis (BAMT) are positive.

(C) Except as set out in paragraph (A) of this rule, the standard for performing examinations of individuals who have been exposed to tuberculosis and individuals who are suspected of having tuberculosis shall be as follows:

(1) The standard examination method for identifying persons with latent tuberculosis infection is the Mantoux tuberculin skin test or BAMT.

(2) The standard examination method for identifying persons with active tuberculosis includes:

(a) A medical history;

(b) A physical examination;

(d) A chest radiograph;

(e) Specimens collected for bacteriologic or histologic examination.

(D) Except as set out in paragraph (A) of this rule, the standard for providing treatment for individuals with tuberculosis shall be as follows:

(1) A specific treatment and monitoring plan shall be developed in collaboration with the local tuberculosis control unit within one week of the presumptive diagnosis.

(2) The plan shall include a description of an approved course of therapy, the methods of assessing and ensuring adherence to the anti-tuberculosis regimen, and the methods of monitoring for adverse reactions.

(E) Except as set out in paragraph (A) of this rule, the standard for methods of preventing individuals with tuberculosis from infecting other individuals shall be as follows:

(1) Local tuberculosis control units shall ensure that a complete and timely contact investigation is done for tuberculosis cases reported in the area served by the unit.

(2) Local tuberculosis control units shall ensure that the services needed to evaluate, treat, and monitor tuberculosis patients are made available in each community, without regard to the patients' ability to pay for such services as specified in section 339.73 of the Revised Code.

(F) Except as set out in paragraph (A) of this rule, the standard for laboratories performing clinical tuberculosis testing shall be as follows:

(1) Laboratories shall hold a "Clinical Laboratory Improvement Act" (CLIA) certificate of compliance or accreditation with a specialty in microbiology and a subspecialty in mycobacteriology.

(2) Laboratories which do not meet the criteria specified in this paragraph will be considered unacceptable for the purpose of performing testing for tuberculosis.

(3) Facilities which use out-of-state laboratories shall be held accountable for ensuring that the testing for tuberculosis meets the criteria as set out in this rule and in paragraph (A) of rule 3701-15-02 of the Administrative Code.

Last updated April 3, 2023 at 8:36 AM

History

Effective: April 2, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-14 Reporting requirements--poison control prevention and treatment centers and other health-related entities.

(A) For the purpose of this rule

(1) "Biological or chemical toxins" mean poisonous compounds produced by a microorganism or a poisonous chemical compound that pose a risk of human fatality or disability.

(2) "Novel infectious agents" mean agents that are unusual that pose a risk of human fatality or disability.

(3) "Other health-related entity" means an entity that employs health care providers, but that does not have an obligation to report events to the health district having jurisdiction in accordance with the requirements of Chapters 3701. and 3707. of the Revised Code.

(B) A poison control prevention and treatment center or other health-related entity is to report the following events:

(1) An unexpected pattern or increase in the number of telephone inquiries or requests to provide information about poison prevention and treatment and available services;

(2) An unexpected pattern or increase in the number of requests to provide specialized treatment, consultation, information, and educational programs to health care professionals and the public;

(3) An unexpected pattern or increase in the number of requests for information on established or novel infectious agents or biological or chemical toxins posing a risk of human fatality or disability that is relatively uncommon and may have been caused by bioterrorism.

(C) Unless provided otherwise, all reports required by paragraph (B) of this rule are to be submitted to both the Ohio department of health and the health commissioner of the health district having jurisdiction over the event. Poison control prevention and treatment centers and other health-related entities are to immediately report an event as specified in rule 3701-3-02 of the Administrative Code, to the extent known or suspected, or upon the request from the director in the manner specified in paragraph (B) of rule 3701-3-03 of the Administrative Code.

(D) As required by division (C) of section 3701.201 of the Revised Code, poison control prevention and treatment centers and other health-related entities are to report information regarding events as specified in this rule.

Last updated December 15, 2025 at 7:40 AM

History

Effective: December 13, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-15 Reporting requirements-pharmacies or pharmacists.

(A) As used in this rule:

(1) "Pharmacist" means an individual licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy as a pharmacist.

(2) "Pharmacy" means the same as defined in division (A) of section 4729.01. of the Revised Code.

(3) "Prescription" means the same as defined in division (H) of section 4729.01. of the Revised Code.

(4) "Significant changes" means observations or occurrences of or related to medication usage that is, based on professional experience and judgment, too closely correlated to be attributed to chance.

(5) "Unexpected increase" means, based on past experience, an unforeseen change in the types, urgency, or volume of sales, inquiries or requests specified in this rule.

(B) All pharmacies and pharmacists are to immediately report information by telephone or electronically to the health commissioner of the health district having jurisdiction:

(1) Any prescription for medication used to treat a disease that is relatively uncommon and may have been caused by bioterrorism, or

(2) Significant changes in medication usage that may be caused by bioterrorism, epidemic or pandemic disease, or established or novel infectious agents or biological toxins posing a risk of human fatality or disability, or

(3) An unexpected increase in:

(a) The number of prescriptions issued for antibiotics;

(b) The number of prescriptions issued for medications to treat fever or respiratory or gastrointestinal complaints;

(c) The sales of or the number of requests for over-the-counter medication to treat fever, respiratory, or gastrointestinal complaints.

(C) Pharmacies and pharmacists are to submit reports required by this rule using forms and formats approved by the director. A pharmacy or pharmacist using an electronic reporting system or systems, to the extent approved by the director, is deemed to comply with the reporting requirements of this rule until such use is no longer considered active by the director.

(D) All health commissioners are to immediately report information received from pharmacies or pharmacists to the director.

(1) Health commissioner reports are to be submitted by telephone or by electronic means approved by the director.

(2) If a pharmacy has submitted an electronic report for over the counter medication sales as authorized by this rule and so advises the health commissioner, no further report is required.

(E) Upon receipt of a request from a health commissioner of the health district having jurisdiction, each pharmacy in the jurisdiction and for each location within the jurisdiction will:

(1) Within ten business days of receiving such a request, identify an employee or employees of the pharmacy or a pharmacist or pharmacists employed at the pharmacy of who will be the point of contact for purposes of this rule.

(2) Within ten business days advise the health commissioner having jurisdiction of any change in the information of who will be responsible for being the point of contact for purposes of this rule.

(F) In consultation with the Ohio board of pharmacy, the director may publish a list of antibiotics and other medications that are required to be included in reports of significant changes in medication usage required by this rule.

(G) A pharmacy or pharmacist is to report information regarding events as specified in this rule. A pharmacy or pharmacist that does not report events in compliance with this rule is subject to an administrative fine as specified in rule 3701-73-02 of the Administrative Code.

Last updated December 15, 2025 at 7:40 AM

History

Effective: December 13, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-73-02

(A) As used in this rule an "incident" means any definitive and separate occurrence of failing to report any single suspected or confirmed case whose reporting is required division (C) of section 3701.23, division (C) of section 3701.232, division (C) of section 3701.24, division (B) of section 3701.25, division (B) of section 3707.06, or division (C) of section 3701.201 of the Revised Code.

(B) Any person who violates division (C) of section 3701.23, division (C) of section 3701.232, division (C) of section 3701.24, division (B) of section 3701.25, division (B) of section 3707.06, or any poison control center or other health-related entity that fails to comply with division (C) of section 3701.201 of the Revised Code is subject to fines specified in this rule.

(C) Whenever a health commissioner having jurisdiction over the location where the incident occurred becomes aware of an incident, the health commissioner shall immediately inform the director of health with as much other information relative to the incident as is available.

(D) The director of health may consider the scope and severity of any violation as well as the violator's history of compliance in determining the amount of any administrative fine issued pursuant to this rule. Pursuant to an adjudication order issued by the director of health under Chapter 119. of the Revised Code, administrative fines imposed under this rule may be imposed as follows:

(1) One hundred to two hundred fifty dollars per incident if there is no history of non-compliance and the incomplete or non-reporting has not threatened or harmed the public's health or the operations of the Ohio department of health;

(2) Two hundred fifty-one to three hundred fifty dollars per incident if there is a history of non-compliance and the incomplete or non-reporting has not threatened or harmed the public's health or the operations of the Ohio department of health;

(3) Three hundred fifty-one to five hundred dollars per incident if there is no history of non-compliance, but the incomplete or non-reporting has threatened or harmed the public's health or the operations of the Ohio department of health

(4) Five hundred one to seven hundred fifty dollars per incident if there is a history of non-compliance and the incomplete or non-reporting has threatened or harmed the public's health or the operations of the Ohio department of health, or the incomplete or non-reporting appears intentional.

(E) If one or more violations by the same person have been reported within the previous twelve months, the director of health may impose the administrative fine at the next level of severity provided in paragraph (D) of this rule.

History

Effective: February 3, 2005
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-16 Reporting Drug Overdose.

(A) As used in this rule:

(b) During the calendar year immediately preceding the calendar year in which a determination under this rule is being made, based on a representative sample of patient visits that occurred during that calendar year, it provides at least one-third of all its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.

(2) "Drug overdose" means a patient diagnosed with a nonfatal poisoning as set forth in appendix A to this rule.

(B) A dedicated emergency department is to report drug overdoses as set forth by the director in appendix A to this rule within two business days of diagnosis. A third-party organization may report as described in this rule on behalf of a dedicated emergency department.

(C) A dedicated emergency department, or a third-party organization on behalf of the dedicated emergency department, is to submit reports required by paragraph (B) of this rule using forms and formats approved by the director. A dedicated emergency department using an electronic reporting system or systems, including third-party system reporting on behalf of a dedicated emergency department, to the extent approved by the director, is deemed to comply with the reporting requirements of this rule.

(D) Information reported pursuant to this rule is protected health information subject to section 3701.17 of the Revised Code.

View Appendix

Last updated April 8, 2024 at 8:29 AM

History

Effective: April 8, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-28 Report of bite of dog or other mammal.

(A) Whenever an individual is bitten by a dog or other non-human mammal, report of such bite will be made within twenty-four hours to the health commissioner of the district in which such bite occurred. The report herein required is to be made by any health care provider, or by any licensed doctor of veterinary medicine with knowledge of the bite, or by the individual bitten.

(B) Local health districts are required to submit information regarding non-human mammalian bites occurring in their district to the Ohio department of health annually. This report for non-human mammalian bites occurring in the previous calendar year is to be submitted by March first.

Last updated August 1, 2024 at 7:55 AM

History

Effective: August 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-29 Biting animal to be confined; veterinarian to report.

(A) Biting dog, cat, or ferret.

(1) Whenever it is reported to the health commissioner of a health district that any dog, cat, or ferret has bitten or otherwise exposed an individual to rabies, that dog, cat, or ferret will be quarantined under an order issued by the health commissioner of the health district in which the bite or exposure occurred.

(a) The dog, cat, or ferret will be quarantined by its owner or by a harborer, or will be quarantined in a pound, shelter, or kennel.

(b) In all cases, said quarantine will be under the supervision of the health commissioner and is to be at the expense of the owner or harborer.

(d) Quarantine will continue until the health commissioner of the health district in which the bite was inflicted determines pursuant to paragraph (A)(1)(f) of this rule that the dog, cat, or ferret is not afflicted with rabies.

(e) The quarantine period hereby required is to be not be less than ten days from the date on which the person was bitten.

(f) If at any time during the quarantine, the health commissioner requires the dog, cat, or ferret to be examined for symptoms of rabies, then the examination will be by a licensed doctor of veterinary medicine. The licensed doctor of veterinary medicine will report to the health commissioner the conclusions reached as a result of the examinations. The examination by a licensed doctor of veterinary medicine is to be at the expense of the owner or harborer.

(g) No dog, cat, or ferret is to be released from the required quarantine unless and until it has a current rabies vaccination status as demonstrated by a rabies vaccination certificate signed by a licensed doctor of veterinary medicine.

(2) If any quarantined dog, cat, or ferret dies before the quarantine period expires, then the head of the dog, cat, or ferret must be submitted to the Ohio department of health's bureau of public health laboratory for rabies examination.

(3) If the owner or harborer of the dog, cat, or ferret is unknown, the health commissioner may direct that the dog, cat, or ferret be humanely euthanized in which case the head of the dog, cat, or ferret is to be submitted to the Ohio department of health's bureau of public health laboratory for rabies examination.

(B) Other biting mammals including hybrids.

(1) Whenever it is reported to the health commissioner of the health district that any other mammal that is known to transmit rabies has bitten or otherwise exposed an individual to rabies, under an order issued by the health commissioner of the health district in which the bite or exposure occurred, the health commissioner may direct the immediate humane euthanasia of said mammal by a.

(2) The brain of said mammal is to then be submitted to the Ohio department of health's bureau of public health laboratory for rabies examination.

(C) Any non-human mammal bitten by a known rabid mammal, or that had reasonable probability to have been bitten by a wild carnivorous mammal or bat that is not available for rabies testing will be regarded as having been exposed to the rabies virus.

(1) Dogs, cats, ferrets not currently vaccinated against the rabies virus or when vaccination cannot be verified will be humanely euthanized; or if sufficient justification for preserving the animal exists, the exposed dog, cat, ferret will be quarantined in strict isolation under an order issued by the health commissioner of the health district in which the bite was inflicted. Isolation in this context refers to confinement in an enclosure that precludes direct contact with people and other animals.

(a) In all cases, said quarantine will be under the supervision of the health commissioner and is to be at the expense of the owner or harborer. Any signs of illness in the dog, cat, or ferret must be reported immediately to the health commissioner.

(b) The quarantine period will not be for less than four months for dogs and cats, and not less than six months for ferrets. The dog, cat, or ferret is to be vaccinated against rabies by a licensed doctor of veterinary medicine upon entry into quarantine. It is recommended that the period from exposure to vaccination not exceed ninety-six hours. If vaccination is delayed, public health officials may consider increasing the quarantine period for dogs and cats from four to six months.

(2) A rabies vaccine booster is to be administered immediately and the mammal quarantined under an order issued by the health commissioner of the health district in which the bite was inflicted under the following circumstances: mammals with a current rabies vaccination, dogs and cats overdue for rabies vaccination with documentation of previous vaccination(s) with a USDA-licensed rabies vaccine, and dogs and cats overdue for rabies vaccination lacking documentation but demonstrating an anamnestic response in paired blood samples.

(b) The quarantine period will not be for less than forty-five days.

(3) Whenever it is known by the health commissioner of the health district that any other non-human mammal has been exposed to rabies, the health commissioner, at his or her discretion may direct the quarantine or immediate euthanizing of said mammal by a suitable humane method.

Last updated August 1, 2024 at 7:55 AM

History

Effective: August 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3701-3-30 Report of suspected rabid mammal.

Any licensed doctor of veterinary medicine or other person who examines, treats, owns, harbors, or otherwise cares for any mammal which exhibits symptoms or behavior suggestive of rabies, are to confine and isolate such mammal in suitable quarters and will report such fact within twenty-four hours after the symptoms or behaviors are observed or known to the health commissioner of the health district wherein such mammal is confined. Such mammal is to be confined until it has been determined that it is not afflicted with rabies. If it is determined that the mammal is rabid, the health commissioner must take such action as is necessary to prevent the occurrence of rabies in individuals or mammals known or presumed to have been exposed to such rabid mammal.

Last updated August 1, 2024 at 7:55 AM

History

Effective: August 1, 2024
Promulgated Under: 119.03

Chapter 3701-4 Ohio Cancer Incidence Surveillance System

Ohio Adm.Code 3701-4-01 Definitions.

As used in rules 3701-4-01 to 3701-4-03 of the Administrative Code:

(A) "Cancer" means the types of cancer and other tumorous and precancerous diseases to be reported to the department and which includes:

(1) Any primary in situ or invasive malignant neoplasm (with the exception of basal cell and squamous cell carcinoma of the skin and carcinoma in situ of the cervix); and

(2) Benign and borderline intracranial and central nervous system neoplasms.

(B) "Dentist" means a person who is licensed under Chapter 4715. of the Revised Code to practice dentistry.

(D) "Director" means the director of health.

(E) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.

(F) "Ohio cancer incidence surveillance system" means a population based cancer registry maintained at the department pursuant to section 3701.261 of the Revised Code to monitor the incidence of various types of malignant diseases in Ohio, make appropriate epidemiologic studies to determine any causal relations of such disease with occupational, nutritional, environmental, or infectious conditions, and alleviate or eliminate any such conditions.

(G) "Person providing diagnostic or treatment services to patients with cancer" means a person who diagnoses a patient as having cancer or provides treatment services (with the exception of end of life care) to patients for a cancer diagnosis in a health care facility including, but not limited to, an ambulatory surgical treatment center, a freestanding cancer treatment center, a radiation therapy center, a chemotherapy treatment center, a nursing home, an oncology or dermatology clinic, a laboratory, or any other facility which provides diagnostic or treatment services to patients with cancer.

(H) "Physician" means a person who holds a valid certificate issued under Chapter 4731. of the Revised Code.

(I) "Protected health information" has the same meaning as in section 3701.17 of the Revised Code.

Last updated March 6, 2026 at 12:36 PM

History

Effective: June 13, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3701-4-03

(A) Any information, data, and reports with respect to a case of cancer which are furnished to, or procured by, the department will be confidential and will be used only for public health surveillance and research for the purposes of reducing the morbidity or mortality of cancer.

(B) A person involved with a research project may be given access to confidential information if all the following conditions are met and if the research project is approved by the department's institutional review board:

(1) The person conducting the research submits verification of his credentials and of the credentials of other individuals involved in conducting the research;

(2) The person conducting the research provides written information about the purpose of the research project, the nature of the data to be collected and how the researcher intends to analyze it, the records the researcher seeks to review, and the safeguards the researcher will take to protect the identity of patients whose records the researcher will be reviewing;

(3) The proposed safeguards are adequate to protect the identity of each patient whose records will be reviewed. Safeguards for the protection of the identity of patients will include, but are not limited to, provisions to limit access to identifying data to only those individuals who during the course of the project need access to such information for research purposes and provisions for the maintenance and/or destruction of identifying information after the termination of the project;

(4) An agreement is executed between the department and the researcher that specifies the terms of the researcher's use of the records. The agreement will prohibit the publication or release of protected health information.

(C) Notwithstanding paragraphs (A) and (B) of this rule, a researcher may, with the approval of the department's institutional review board, contact individual cancer patients to request additional information for research purposes or to solicit a patient's participation in a research project. The researcher will first notify the patient's managing physician of the intent to contact the patient. Unless the patient's managing physician informs the researcher within a reasonable time that the patient should not be contacted, the researcher may contact the patient. The researcher will obtain the patient's verbal or written consent prior to requesting additional information or including the patient in a research project.

(D) Notwithstanding paragraphs (A) and (B) of this rule the department may release confidential information concerning individual cancer patients who are not Ohio residents to the cancer registry of the patient's state of residence at diagnosis.

(E) Nothing in this rule prevents the release to any person of summary, statistical, or aggregate information that does not identify individual cancer patients.

Last updated February 9, 2026 at 7:45 AM

History

Effective: February 9, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3701-4-02 Responsibility for reporting.

(A) Each physician, dentist, hospital, or person providing diagnostic or treatment services to patients with cancer will report each case of cancer to the department in a manner approved by the director. Reports will be made for all patients diagnosed or treated in Ohio, regardless of the patient's state of residence. The report will contain information regarding the patient which includes but is not limited to the following:

(1) Last name of patient;

(2) First name of patient:

(3) Middle name of patient;

(4) Social security number of patient;

(5) County of residence at diagnosis;

(6) City of residence at diagnosis;

(7) Street address of residence at diagnosis;

(8) State of residence at diagnosis;

(9) Zip code of residence at diagnosis;

(10) Date of birth;

(11) Sex;

(12) Race;

(13) Hispanic origin;

(14) Age in years at diagnosis;

(15) Date of diagnosis;

(16) Date of first contact for this patient for this cancer at this facility;

(17) Type of reporting source;

(18) Primary site;

(19) Laterality;

(20) Sequence number;

(21) Histology;

(22) Grade;

(23) Diagnostic confirmation;

(24) First course of treatment;

(25) Date treatment began;

(26) Class of case;

(27) Tobacco use;

(28) Date of last contact (or death);

(29) Managing physician's name;

(30) Stage at diagnosis;

(31) Primary site supporting text;

(32) Histology supporting text;

(33) Stage at diagnosis supporting text; and

(34) First course of treatment supporting text.

Any person required to report pursuant to this paragraph may elect to report to the department through an existing cancer registry if the cancer registry agrees to do such reporting on behalf of the person and if the registry submits the information in accordance with the requirements of this rule.

(B) Each and every physician, dentist, hospital, and other person who diagnose patients as having cancer will report the patient's cancer within six months of the date of diagnosis. Facilities or persons providing treatment services to patients for a cancer diagnosis will report the patient's cancer within six months of the date of first contact with the patient.

(C) All physicians, dentists, hospitals or other persons who diagnose patients as having cancer or provide treatment services to patients for a cancer diagnosis will grant to the department or its authorized representative access to all records that identify cases of cancer or establish characteristics of cancer, the treatment of cancer, or the medical status of any identified cancer patient.

Last updated February 9, 2026 at 7:45 AM

History

Effective: February 9, 2026
Promulgated Under: 119.03

Chapter 3701-5 Vital Statistics

Ohio Adm.Code 3701-5-01 Definitions.

As used in this chapter:

(A) "Live birth means the complete expulsion or extraction from its mother of a product of human conception, that after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

(B) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, of at least twenty weeks of gestation, which, after such expulsion or extraction does not breathe or show any other evidence of life such as breathing of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(C) "Dead body" means a human body or part of a human body from the condition of which it reasonably may be concluded that death occurred.

(D) "Physician" means a person licensed pursuant to Chapter 4731. of the Revised Code to practice medicine or surgery or osteopathic medicine and surgery.

(E) "Attending physician" means the physician in charge of the patient's care for the illness or condition that resulted in death.

(F) "Institution" means any establishment, public or private, that provides medical, surgical, or diagnostic care or treatment, or domiciliary care, to two or more unrelated individuals, or to persons committed by law.

(G) "Funeral director" means the business or profession of directing or supervising funerals for profit, the business or profession of preparing dead human bodies for burial by means other than embalming, the disposition of dead human bodies, the provision or maintenance of a place for the preparation, the care, or disposition of dead human bodies, the use in connection with a business of the term "funeral director, "undertaker," "mortician," or any other term from which can be implied the business of funeral directing, or the holding out to the public that one is a funeral director or a disposer of dead human bodies.

(H) "Registration district" means a city or county health district created by section 3709.01 of the Revised Code. The director of health may combine two or more primary registration districts, or may establish any state hospital, or other public institution, as a primary registration district.

(I) "State registrar" means the head of the bureau of vital statistics in the department of health.

(J) "Local registrar" means the head of a primary registration district.

(K) "Deputy registrar" means an individual appointed by the local registrar, with the approval of the director, under section 3705.05, of the Revised Code. In the case of the absence, illness, or disability of the local registrar, the deputy registrar acts in his or her place.

(L) "Sub-registrar" means a person appointed by a local registrar for the purpose of approving permits for the disposition of remains, as provided in section 3705.17 of the Revised Code.

(M) "Final disposition" means the burial, cremation, entombment, removal from the state, donation, or other authorized disposition of a dead body or a fetus.

(N) "Cremation" means the reduction to ashes of a dead body.

(O) "System of vital statistics means the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by Chapter 3705. of the Revised Code and activities related thereto.

(P) "Vital records" means certificates or reports of birth, death, fetal death, or abstracts of marriage, divorce, dissolution, and annulment, and data related thereto and other documents maintained as required by statute.

(Q) "File" means the presentation of vital records to the local registrar.

(R) "Registration" means the acceptance by the bureau of vital statistics and the incorporation of vital records into its official records.

(S) "Birth record" means a birth certificate that has been registered with the office of vital statistics; or, if registered prior to the effective date of this section, with the division of vital statistics; or, if registered prior to the establishment of the division of vital statistics, with the department of health or a local registrar.

(T) "Certification of birth" means a document issued by the director of health or state registrar or a local registrar under division (B) of section 3705.23 of the Revised Code.

(U) "Director" means the director of health.

(V) "Physician in attendance" means the physician who was in attendance at or immediately after the birth of the child or, the physician who is the chief or head of the department or section of obstetrics in the institution.

(W) "Governmental use only certificate" means a vital record issued to a local, state or federal government agency for use in official government business. The governmental use only certificate will be a plain paper copy issued free of charge and will be marked as a governmental use only certificate. A certified copy of a governmental use only certificate will be issued free of charge upon issuance of a court ordered subpoena for a vital record.

(X) "Stillbirth certificate" means a certificate recognizing the fetal death of an infant at any age of gestation. The director or state registrar shall issue a stillbirth certificate upon receipt of a application signed by either parent. The certificate shall contain the name of the infant, sex of the infant, and date of delivery and place of delivery. The director, state registrar, or local registrar shall charge no fee for the certificate. A certificate recognizing the delivery of a stillborn infant is not proof of a live birth for purposes of federal, state and local taxes.

(Y) "Delayed birth" means any birth that happens in an institution, that is not registered within seven years of date of birth, or is not registered within one year, if the birth occurs out of institution.

Last updated November 2, 2022 at 1:53 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-02 Forms used in the system of vital statistics.

(A) The following forms, as set forth in the designated appendices to this rule, are prescribed for use in the system of vital statistics. Notwithstanding the requirement that the forms set forth below be used in the system of vital statistics, a mother's name and address and a father's name are not required to be entered on a fetal death report:

(1) Certificate of live birth (appendix A);

(2) Certificate of death (appendix B);

(3) Report of fetal death (appendix C);

(4) Affidavit correction of birth record (appendix D);

(5) Supplementary medical certification (appendix E);

(6) Certificate of service (appendix F);

(7) Burial-transit permit (appendix G);

(8) Certificate of adoption (appendix H);

(9) Affidavit requesting new birth certificate for adopted child (appendix I);

(10) Certified abstract of marriage (appendix J);

(11) Certified abstract of divorce, annulment, or dissolution (appendix K);

(12) Determination of paternity (appendix L);

(13) Affidavit to correct a death certificate or fetal death report (appendix M);

(14) Application, finding, and order for correction of birth record (appendix N);

(15) Certification of birth record (recreation of birth facts) (appendix O);

(16) Finding and order establishing registration of birth (appendix P);

(17) Application, finding, and order for registration (appendix Q);

(18) Affidavit for adopted person requesting information for adoption file (appendix R);

(19) Medical birth information request (appendix S);

(20) Application for certified copy of birth or death certificate or paternity affidavit (appendix T);

(21) Application for certificate of public record (appendix U);

(22) Denial of release for biological parent (appendix V);

(23) Authorization for release form for biological parent (appendix W);

(24) Authorization of release of adopted name (appendix X);

(25) Rescission of authorization of release of adopted name (appendix Y);

(26) Certification of birth (appendix Z); and

(27) Certification of birth for a stillborn (appendix AA).

(B) To be registered, each vital record that is required to be filed under Chapter 3705. of the Revised Code shall comply with all of the following requirements, except as otherwise provided in that chapter:

(1) The record shall be prepared in a form approved or prescribed and distributed by the director;

(2) The record shall be prepared and completed in accordance with the written instructions prescribed and distributed by the director;

(3) The record shall contain all items of information requested thereon. If any such items are omitted, the person responsible for completion of the record shall satisfactorily account for their omission; and

(4) The record shall contain, in type or legible print, the certifier's name.

(C) All forms, certificates, and reports used in the system of vital statistics are the property of the Ohio department of health and shall be surrendered to the state registrar upon demand. The forms prescribed and distributed by the director for reporting vital statistics shall be used only for official purposes. Only those forms furnished or approved by the director shall be used in the reporting of vital statistics or in making copies thereof.

View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix

Last updated November 2, 2022 at 1:54 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-03 Fees for certified copies of vital records and certifications of birth issued by the office of vital statistics.

The fee for a certified copy of a vital record or a certification of birth issued by the bureau of vital statistics shall be twelve dollars plus any fees required by division (B) of section 3705.24 of the Revised Code, section 3705.242 of the Revised Code and section 3109.14 of the Revised Code.

Last updated November 2, 2022 at 1:54 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-04 Registration of an institution birth.

(A) All birth certificates shall be completed within ten days of birth. All certificates of birth must be presented for filing within twenty-one days of the date of birth with either the local registrar who, at the time the certificate is filed, has jurisdiction over the registration district where the birth occurred, or with the state registrar. If the birth was attended by a physician, the certificate of birth contains the physician's name and date; or if the birth was not attended by a physician, or was attended by a physician who is deceased, the certificate of birth is supported by an affidavit of an individual, other than one of the child's parents, who has knowledge that the birth occurred at the time and place indicated on the certificate of birth. An affidavit required by this paragraph shall affirm that the birth occurred at the time and place indicated on the certificate.

(B) A certificate of birth for an institution birth, filed more than one year but not more than seven years after the birth occurred shall be registered if it meets the requirements of paragraph (D) of this rule and if the birth was attended by a physician, the local registrar shall submit the certificate to the bureau of vital statistics with a written request that the bureau search the state files to determine whether an original certificate of birth was filed at the time of birth. The local registrar shall register the certificate of birth if the bureau of vital statistics determines that no original certificate of birth was registered and the state registrar approves the registration.

(C) The birth of any person whose institution birth was not registered within seven years after the birth occurred, or whose birth record has been lost or destroyed, shall be registered upon receipt of an order from a probate court, issued pursuant to section 3705.15 of the Revised Code, ordering registration of the birth.

(D) In addition to the applicable requirements of paragraphs (A) and (B) of this rule, a delayed birth certificate, to be registered, shall meet all of the following requirements:

(1) The certificate shall be accompanied by all social security numbers that have been issued to the parents of the child, unless the bureau of child support in the Ohio department of job and family services, acting in accordance with regulations prescribed under the Family Support Act of 1988, 102 Stat. 2353, 42 U.S.C.A. 405, as amended, finds good cause for not requiring that the numbers be furnished with the certificate;

(2) The parents' social security numbers shall not be recorded on the certificate;

(3) The local registrar of vital statistics shall transmit the social security numbers to the state bureau of vital statistics in accordance with section 3705.07 of the Revised Code.

(E) No social security number obtained under this section shall be used for any purpose other than child support enforcement.

Last updated November 2, 2022 at 1:54 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-05 Appointment of sub-registrars.

(A) The local registrar, with the approval of the director, may appoint one or more sub-registrars for the registration district.

(B) Each sub-registrar shall approve a disposition permit within twenty-four hours after verifying a certificate of death was initiated, or verifying a certificate of death has been completed if requesting a cremation disposition permit.

(D) Each sub-registrar shall remit fees for disposition permits as set forth by the state registrar.

Last updated November 2, 2022 at 1:54 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-06 Medical certification of cause of death.

The medical certificate of death shall be completed and certified by the attending physician who attended the deceased, or by the coroner, within forty-eight hours after death, unless the results of an autopsy or chemical or biological examination are pending.

Last updated November 2, 2022 at 1:54 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-07 Filing of the certificate of death when the cause of death is not known.

When the results of a coroner's investigation or a medical examination to determine the cause of death are not known within five days from the date of death, the coroner or attending physician, as applicable, shall certify the certificate of death, enter " pending" or "pending - not drug related" in the cause of death portion, and return the certificate to the funeral director or other person in charge of final disposition. The funeral director shall immediately file the certificate of death or fetal death report with the local registrar. If there is no funeral home, the agent shall file the death certificate with the local registrar. When the cause of death has been determined, the coroner or attending physician, as applicable shall complete the supplementary medical certification form prescribed and provided by the director. The coroner or physician shall file the form with the local registrar as an addendum to the previously filed certificate of death no later than six months after the date of death.

Last updated November 2, 2022 at 1:54 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-08 Investigation of delayed filing of certificates of death and fetal death.

(A) A funeral director shall obtain a disposition permit prior to or at the time of filing a death certificate. A disposition shall not occur prior to obtaining a disposition permit. A satisfactory and complete death certificate shall be filed within five working days after the date of death.

(B) If a satisfactory and complete certificate of death or fetal death is not filed within five days after date of death or fetal death, the local registrar may investigate the matter to determine the cause of delay. After investigation, if a satisfactory and complete certificate of death is not filed with the local registrar within a reasonable period of time, the local registrar shall report the matter to the licensing agency that licenses the entity causing the delay.

Last updated November 2, 2022 at 1:54 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-09 Disposition permit fees.

The disposition permit fee required by section 3705.17 of the Revised Code shall be waived when the funeral director or other person in charge of the final disposition of the remains provides a signed statement to the local registrar. The statement must indicate which agency or instrumentality of the united states, state or state agency, or political subdivision of the state paid for the total cost of the burial.

Last updated November 2, 2022 at 1:55 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-10 Matching of certificates of birth and death.

(A) When carrying out the birth and death record matching program authorized by section 3705.27 of the Revised Code, the state registrar shall establish that a match exists by comparing specific information on the certificates of birth and death. The items for comparison shall include, at minimum, the following:

(1) The name of the decedent;

(2) The name of the decedent's father or maiden name of the decedent's mother;

(3) The date of birth or age of decedent; and

(4) The state of birth of decedent.

No match shall be determined to exist unless there is a death certificate.

(B) The date of death, the state where death occurred, and the death certificate number, shall be affixed to the birth record. The date of birth, the state of where the birth occurred, and the birth certificate number, shall be affixed to the death record.

Last updated November 2, 2022 at 1:55 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-11 Record preservation by office of vital statistics.

The director shall preserve all vital records filed with the office of vital statistics in accordance with Chapter 3705. of the Revised Code by maintaining the original or a typewritten, photographic, electronic, or other reproduction of the vital record in the bureau of vital statistics. When one hundred twenty-five years have elapsed after the date of birth or fifty years have elapsed after the date of death, fetal death (stillbirth), abstracts of marriage, divorce, dissolution, or annulment, the director may transfer the certificate of birth, death, or fetal death, or abstract of marriage, divorce, dissolution of marriage, or annulment into the custody of the Ohio history connection. The director shall maintain an index for records that have not elapsed.

Last updated November 2, 2022 at 1:55 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-12 Disclosure of medical and health information.

(A) The state registrar or the local registrar may disclose data from vital statistics records including data from the "information for medical and health use only" to any governmental agency or political subdivision that request the data for statistical or research purposes in the course of their official duties.

(B) The director or state registrar may permit the release of data from the "information for medical and health use only" section of a birth record, for appropriate statistical or research purposes after consultation with the department institutional review board. No data shall be furnished from records for statistical or research purposes until the department institutional review board has received an agreement signed by a responsible agent of the research organization agreeing to conform to the following release conditions:

(1) Research protocol must be submitted to the department for review and approval;

(2) The release agreement must state that vital statistics information received will not become part of any permanent record in the institution or organization;

(3) The release agreement must state that vital statistics information will be kept confidential and will not be provided to another individual, agency, or organization;

(4) Copies of survey letters and/or questionnaires must be submitted for approval when used in conjunction with vital statistics information;

(5) If applicable, copies of human subject review board/committee approval from institution or other organization must be submitted;

(6) Any other conditions deemed necessary by the director to protect the confidentiality of the "information for medical and health use only" section of the certificate of birth.

Last updated November 2, 2022 at 1:55 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-13 Heirloom birth certificate fee.

The fee for an heirloom birth certificate shall be twenty-five dollars of which ten dollars shall be used for the purposes specified by the family and children first council pursuant to section 121.37 of the Revised Code and including the fee required by section 3109.14 of the Revised Code. The director may reduce the amount of the fee to be used by the family and children first council if the council so requests.

Last updated November 2, 2022 at 1:55 PM

History

Effective: May 8, 1998
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-14 Coroner's protocol.

(A) The coroner shall investigate the death of and perform an autopsy on any child under two years of age that dies suddenly when in apparent good health unless a court with jurisdiction determines under section 313.131 of the Revised Code that an autopsy is contrary to the religious beliefs of the child. The coroner shall investigate the death and perform the autopsy by conducting the following:

(1) An investigation of the site where the child was found dead and indicating, if the information is available, whether the child was observed to die, when the child was last seen alive, the place of death, the circumstances under which the child was found dead and by whom, the position of the child when found, and the identity of all individuals who attempted to resuscitate the child;

(2) A complete medical history of the child, including, if the information is available, the child's date of birth, birth weight, type of delivery, number of well-baby visits, history of major illness including recent illness and any medical treatment, feeding history, birth mother's prenatal history and history of any drug use, whether any siblings have suddenly died under the age of two while in apparent good health or have died from any other cause;

(3) An external examination of the child including noting the child's state of nutrition and development, examining the nares and choanae, determining the age, race, sex, body length, and body weight of the child, and evaluating the child for evidence of rash, dehydration, anomalies, and injury;

(4) An internal examination including evaluating the epiglottis, larynx, and trachea, and noting the presence or absence of thymic petechiae, pleural petechiae, epicardial petechiae and fluid blood;

(5) A microscopic examination of any of the following that are indicated after conducting paragraphs (A)(1) through (A)(4) of this rule, provided that a specimen is possible to obtain:

(a) One vertical section of the heart including the left atrium and left ventricle;

(b) One section of each lobe of both lungs;

(d) The ileum including a Peyer's patch;

(e) The liver and pancreas;

(f) The larynx including the epiglottis;

(g) The brain, including the cortex, basal ganglia, mid-pons, and medulla, each to include meninges; and

(h) The thymus; and

(6) Any other examination or investigation that is indicated by the facts and circumstances of the case.

(B) The coroner shall perform the following procedures where indicated by the facts and circumstances of the case:

(1) A total body x-ray for evidence of repetitive battering;

(2) Biochemical determinations of sodium, potassium, and glucose, using vitreous humor;

(3) Bacterial cultures of heart blood, spleen, both lungs, stool, cerebrospinal fluid and larynx;

(4) Viral cultures of the heart, both lungs, one kidney, gastrointestinal tract and brain; and

(5) A collection for testing of spinal fluid, urine, and gastric contents, five to ten milliliters of whole blood, and approximately ten grams of the liver. These specimens shall be examined and the presence and levels of the following shall be determined:

(a) Common agents acting upon the central nervous system;

(b) Salicylates;

(d) Carbon monoxide; and

(e) Any other agents as appropriate to the case.

(6) Retention of frozen liver, brain, kidney, and lung specimans for a period of at least six months

(C) The coroner shall report to the Ohio department of health a preliminary diagnosis of the cause of death of any child under two years of age who died suddenly when in apparent good health. The preliminary diagnosis shall be reported to the Ohio department of health as soon as possible, but no later than seventy-two hours after the death of the child and shall be made either orally, or on a form prescribed by the director of the Ohio department of health containing the following information:

(1) The child's name, sex, age, race, date of birth and date of death;

(2) The child's county of residence and county of death; and

(3) The mother's and father's name, age, and address.

If the preliminary diagnosis is orally made to the Ohio department of health, the coroner shall also report the preliminary diagnosis on the form prescribed by the director and shall submit the form to the Ohio department of health within fourteen days.

(D) If the child's parent makes a request for the preliminary results of the autopsy, the coroner or person designated by him shall give the parent an oral statement of the preliminary results after they are available.

(E) The coroner shall send written notice of the final results of the investigation and autopsy, including the final results of examinations, investigations and procedures required in paragraphs (A) and (B) of this rule, to the Ohio department of health, the health district or department with jurisdiction in the area in which the child's parent resides, and, upon a request of the parent of the child, to the child's attending physician, within a reasonable time after the final results are available. The coroner shall send written notice of the final results to a parent upon written request.

Last updated November 2, 2022 at 1:55 PM

History

Effective: March 19, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 3701-5-15 Adoption file fee.

The fee to copy the contents of an adoption file pursuant to sections 3107.38 and 3107.47 of the Revised Code shall be twenty dollars.

Last updated November 2, 2022 at 1:55 PM

History

Effective: October 25, 1996
Promulgated Under: 119.03

Ohio Adm.Code 3701-5-16 Registration of out of institution birth.

(A) In any case where a birth occurs outside an institution and the birth certificate is filed within one year of the birth, documentation of the following shall be required in order to register an out of institution birth:

(1) Evidence of pregnancy, such as, but not limited to:

(a) Prenatal or postnatal record, or

(b) A statement from a physician or other health care provider qualified to determine pregnancy, or

(d) Other evidence acceptable to the state registrar.

(2) Evidence that the infant was born alive, such as but not limited to:

(a) A statement from the physician or other health care provider who saw or examined the infant, or

(b) An observation of the infant during a home visit by a public health nurse, or

(3) If the birth occurred in the mother's residence, evidence of the mother's presence in Ohio on the date of the birth, such as but not limited to:

(a) A driver's license, or a state issued identification card, which includes the mother's current residence on the face of the license or card, or

(b) A rent receipt or any type of utility, telephone or other bill that includes the mother's name and address.

(4) If the birth occurred outside of the mother's place of residence and the mother is a resident of this state, such evidence shall consist of:

(a) An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth and;

(b) Evidence of the affiant's residence;

(d) Any other evidence acceptable to the state registrar.

(B) At the discretion of the state registrar, additional evidence may be required to verify the facts of birth. If the required evidence is not available and the local registrar is not able to verify the facts of birth, the out of institution birth may be filed at the state registrar's discretion.

(C) An out of institution birth that has not been filed within one year of date of birth, must be filed with the applicable probate court and forwarded to the state bureau of vital statistics for registration.

Last updated November 2, 2022 at 1:55 PM

History

Effective: July 3, 2016
Promulgated Under: 119.03

Chapter 3701-6 Physician Loan Repayment Program

Ohio Adm.Code 3701-6-01 Definitions.

As used in this chapter:

(A) "Department" means the Ohio department of health.

(B) "Director" means the director of the department or the director's designee.

(C) "Educational expenses" mean all or part of the principal and interest of a government or commercial educational loan which has been taken by a primary care physician and which meets the following criteria:

(1) The expenses were incurred while the physician was enrolled in, for up to a maximum of four years:

(a) A medical institution or a school or college of osteopathy in the United States accredited by the liaison committee on medical education or the American osteopathic association; or

(b) A medical school located outside the United States that was acknowledged by the world health organization while the physician was enrolled; and

(2) The expenses were incurred for:

(a) Tuition;

(b) Other educational expenses, such as fees, books, and laboratory expenses, for specific purposes and in amounts determined to be reasonable by the director; and

(D) "Health resource shortage area" means an area which has been determined by the director to meet the criteria outlined in rule 3701-6-04 of the Administrative Code.

(E) "Primary care physician" means a physician who is licensed to practice medicine and surgery or osteopathic medicine and surgery under section 4731.14 of the Revised Code and is board certified or board eligible in a primary care specialty.

(F) "Primary care specialty" means general internal medicine, general pediatrics, obstetrics and gynecology, psychiatry, child and adolescent psychiatry, geriatric psychiatry, combined internal medicine/pediatrics, adolescent health, geriatrics or family practice.

Last updated June 25, 2025 at 10:07 PM

History

Effective: November 30, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3701-6-04

(A) Health resource shortage areas shall include the following:

(1) A geographical area, facility, or population group in this state that is designated by the United States secretary of health and human services as a health professional shortage area for primary care or mental health under 42 CFR in accordance with Appendix A or Appendix C to 42 CFR Part 5, dated October 1, 2007.

(2) A geographical area, facility or population group in this state which:

(a) Has previously been designated as a health profesisonal shortage area as described in paragraph (A)(1) of this rule; and

(b) Has a population to primary care physician ratio exceeding two thousand to one or a population to psychiatrist ratio exceeding twenty thousand to one.

(3) A free clinic, as defined in section 3701.071 of the Revised Code, regardless of whether a clinic is located in a geographic area that is designated as a health resource shortage area.

(4) Other areas or population groups which the director has determined to have unmet needs for primary care physicians.

(B) In determining priorities among health resource shortage areas, the director shall consider:

(1) Population groups that experience special health problems; and

(2) Physician practice patterns that limit access to primary care.

Last updated June 25, 2025 at 6:21 PM

History

Effective: November 30, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3701-6-02 Eligibility and application process.

(A) A primary care physician will not have an outstanding obligation for medical service to the federal government, a state, or other entity at the time of participation in the physician loan repayment program and meets one of the following requirements may apply for participation in the physician loan repayment program if:

(1) The primary care physician is enrolled in the final year of an accredited program required for board certification in a primary care specialty; or

(2) The primary care physician is enrolled in the final year of a fellowship program in a primary care specialty; or

(3) The primary care physician holds a valid license to practice medicine and surgery or osteopathic medicine and surgery issued under Chapter 4731. of the Revised Code.

(B) The application shall be submitted by a date and on a form prescribed by the department. The form shall require an applicant to set forth the following information:

(1) Name;

(2) Current and permanent mailing address;

(3) Telephone number;

(4) Primary care specialty;

(5) The medical school or institution or school or college of osteopathy attended, dates attended and verification of attendance;

(6) The facility or institution where medical residency and fellowship training was completed or is being performed, and if completed, the date(s) of completion;

(7) A summary of the educational expenses for which reimbursement is sought under the physician loan repayment program and verification of expenses;

(8) Verification of United States citizenship or legal alien status;

(9) Verification of an active license to practice medicine and surgery or osteopathic medicine under Chapter 4731. of the Revised Code; and

(10) Any other information requested by the department.

(C) The director shall grant an application for placement in a health resource shortage area and participation in the physician loan repayment program if all of the following apply:

(1) Funds are available in the physician loan repayment fund;

(2) The general assembly has appropriated adequate funds for the physician loan repayment program; and

(3) The director finds that the applicant is eligible for placement and participation and that, in accordance with the priorities established under rule 3701-6-04 of the Administrative Code, the applicant's primary care specialty is needed in a health resource shortage area.

(D) Upon granting an application, the director shall notify and enter into discussions with the applicant. The object of the discussions is the placement of the applicant in a health resource shortage area in which, according to the priorities established under rule 3701-6-04 of the Administrative Code his or her primary care specialty is most needed.

(E) If the health resource shortage area site, the director and applicant agree on the applicant's placement in a particular health resource shortage area and the amount of the applicant's educational expenses to be repaid, the applicant shall prepare, sign, and deliver to the director a letter of intent agreeing to that placement.

(F) In the event that it is necessary to establish priorities among applicants, the director shall consider the following factors:

(1) The applicant's background and career goals;

(2) The applicant's primary care specialty;

(3) The length of time the applicant is willing to provide primary care services in a health care resource shortage area;

(4) The applicant's expressed interest in working and staying in an underserved area and whose family members are interested in the lifestyle associated with areas of underservice;

(5) The extent to which the applicant has sought or undertaken culturally or economically diverse experiences;

(6) The amount of the loan balance for which the applicant is requesting repayment assistance;

(7) Physicians being recruited to a health resource shortage area and not yet practicing in an eligible area will be given preference over physicians already practicing in the eligible area;

(8) To ensure an equitable distribution of physicians desiring to practice in a health resource shortage area, preference will be given to applicants desiring to practice in a health resource shortage area which has not had a physician placed in the preceding four years in the area either through the Ohio physician loan repayment program or through the federal national health service corps scholarship and loan repayment programs.

(G) Each applicant will be evaluated against the factors listed in this rule. A score will be given to an applicant's response to each factor and each applicant will be given a total score. In addition, the director may instruct staff to interview applicants to gather responses not easily evaluated from the applicant's written application. The applicants with the highest scores will be recommended for funding provided that funds are authorized and available.

History

Effective: November 30, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3701-6-03 Requirements for contract.

(A) As used in this rule:

(1) "Full-time practice" means working a minimum of forty hours per week for a minimum of forty-five weeks each service year. Practice related administrative duties may not exceed eight hours per week.

(2) "Part-time practice" means working a minimum of twenty hours and a maximum of thirty-nine hours per week for a minimum of forty-five weeks each service year. Practice related administrative activities may not exceed four hours per week.

(3) "Teaching activities" means providing clinical education to health professions students and residents regarding the normal course of practice and expertise at the practice site(s) specified in the contract. Full-time practitioners may spend up to eight hours per week conducting both practice related administrative activities and teaching in the clinical setting at the approved practice site(s). Part-time practitioners may spend up to four hours per week conducting both practice related administrative duties and teaching in the clinical setting at the approved practice site(s).

In order to qualify as teaching, the physician must be providing clinical education and supervision of students or clinicians in the approved practice site(s) as part of an accredited clinical training program.

All teaching must be conducted at the practice site(s) specified in the physician's contract. If the supervising physician provides primary care services while the student or clinician observes, the activity should be treated as direct patient care rather than teaching.

(4) "Telemedicine activities" means providing primary care services using an interactive telecommunications system, defined as multimedia communication equipment that includes, at a minimum, audio and video equipment permitting two-way real time interactive communication between the patient at the originating site(s) and the physician at the practice site(s) approved by the department and agreed upon by the physician and the director. Full-time practitioners may count up to eight hours per week in telemedicine activities as patient care at the approved practice site(s). Part-time practitioners may count up to four hours per week in telemedicine activities as patient care at the approved practice site(s).

In order to qualify as telemedicine activities, both the originating site(s) (location of the patient) and the approved practice site(s) must be located in health resource shortage areas.

All telemedicine activities must be conducted at the practice site(s) specified in the physician's contract.

(B) A primary care physician who has signed a letter of intent under paragraph (E) of rule 3701-6-02 of the Administrative Code and the director may enter into a contract providing for the physician's participation in the physician loan repayment program. The physician's employer or another funder may also be a party to the contract.

(1) Agreement by the primary care physician to provide primary care services in the health resource shortage area(s) and practice site(s) approved by the department and agreed upon by the physician and director for the duration specified in the contract.

(2) Agreement by the primary care physician that, in providing primary care services in the health resource shortage area(s), he or she will do all of the following:

(a) Provide primary care services in full-time practice or part-time practice as specified in the contract;

(b) Provide primary care services without regard to a patient's ability to pay;

(c) Meet the conditions prescribed by the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301 as amended (1981), and the Ohio department of medicaid for participation in the medicaid program established under Chapter 5160. of the Revised Code and enter into a contract with the Ohio department of medicaid and its contracting managed care plans to provide primary care services to recipients of the medicaid program.

(d) Accept into his or her practice a percentage of individuals determined eligible for the medicaid program described in paragraph (C)(2)(c) of this rule at least equal to the percentage of the general population in that health resource shortage area(s) which has been determined eligible for the medicaid program.

(3) Agreement by the department , as provided in section 3702.75 of the Revised Code, to repay, so long as the primary care physician performs the service obligation to which he or she has agreed under paragraph (C)(1) of this rule, all or part of the primary care physician's educational expenses, as defined in paragraph (C) of rule 3701-6-01 of the Administrative Code.

(4) Agreement by the primary care physician to pay the department the following as damages if he or she fails to complete the service obligation to which he or she has agreed under paragraph (C)(1) of this rule:

(a) Three times the amount the department has agreed to repay under paragraph (C)(3) of this rule; or

(b) If funds from another source are used to repay a portion of the physician's loan, damages owed if the physician fails to complete the obligation will be the damages specified by the other source of the funds, or as outlined in paragraph (C)(4)(a) of this rule, whichever is greater.

(5) If the department assumes the physician's duty to pay a portion of the loan, the contract shall set forth the amount of each payment.

(D) The contract shall include the following terms as agreed upon by the parties:

(1) The physician's required length of service in the health resource shortage area(s) which must be at least two years for an initial contract. Contracts may be renewed for no more than two additional one year periods;

(2) The physicians commitment to full-time practice or part-time practice;

(3) The maximum amount that the department will repay on behalf of the physician;

(4) The extent to which the physician's teaching activities as defined under paragraph (A)(3) of this rule will be counted toward the physician's full-time or part-time practice hours under the contract; and

(5) The extent to which the physician's telemedicine activities as defined under paragraph (A)(4) of this rule will be counted toward the physician's full-time or part-time practice hours under the contract.

(E) In addition to the terms required under paragraph (C) of this rule, the contract may contain other terms agreed upon by the parties.

History

Effective: November 30, 2017
Promulgated Under: 119.03

Chapter 3701-7 Maternity Units and Homes

Ohio Adm.Code 3701-7-01 Definitions.

(A) "Administrator" means the person responsible for the overall daily management of the maternity home.

(B) "Department" means the Ohio department of health.

(D) "Donor human milk" means milk from a lactating mother or lactating mothers, other than the milk of the mother of the newborn, that has been screened pursuant to the guidelines issued by the "Human milk bank association of North America."

(E) "Hospital" means an institution required to be licensed under section 3722. of the Revised Code.

(F) "Human milk" means the milk produced by a mother to feed her newborn.

(G) "Licensee" or "license holder" means the individual, corporation, partnership, board, association or entity licensed by the director under Chapter 3711. of the Revised Code and rule 3701-7-03 of the Administrative Code to maintain a maternity home.

(H) "Licensed capacity" means the maximum number of residents that the maternity home is authorized to accommodate under its license.

(I) "Maternity home" means a facility for pregnant women where accommodations, medical care, and social services are provided during the prenatal and postpartal periods. Maternity home does not include a private residence where obstetric or newborn services are received by a resident of the home.

(J) "Nurse" means either a licensed practical nurse or a registered nurse.

(K) "On-duty" means in a maternity home and alert and responsive to resident needs.

(L) "Physician" means an individual who is licensed under Chapter 4731. of the Revised Code to practice medicine and surgery, or osteopathic medicine and surgery.

(M) "Registered nurse" means an individual who is licensed under section 4723.09 of the Revised Code to practice as a licensed registered nurse.

(N) "Resident" means a woman or a newborn to whom the maternity home provides accommodations, medical care, or social services.

(O) "Resident representative" means either a person acting on behalf of a resident with the consent of the resident or the resident's legal guardian.

(P) "Staff member" or "staff" means the administrator and individuals providing direct care to residents on a full-time, part-time, temporary, contract, or voluntary basis. Staff member or staff does not include volunteers who are family members of a resident.

Last updated March 30, 2026 at 7:34 AM

History

Effective: March 30, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3701-7-03

(A) Application for a license to operate a maternity home, or renewal of an existing license, will be made either in writing on a form provided by the director and signed by the applicant or the applicant's agent or using an electronic system prescribed by the director and affirmed by the applicant or the applicant's agent, and will include:

(1) A nonrefundable maternity home application or renewal fee of seven hundred fifty dollars;

(2) The name to appear on the license;

(3) The particular premises in which the business will be carried out; and

(4) The proposed licensed capacity for maternal and newborn residents.

(B) The license renewal fee specified in paragraph (A) of this rule will be paid no later than sixty days after the director of health mails an invoice for the fee to the license holder. A penalty of ten per cent of the amount of the renewal fee will be assessed for each month the fee is overdue. The renewal application and fee may be paid sixty days prior to expiration.

(C) Upon receipt of a completed application, the director will send a copy of the application to the board of health of the health district in which the maternity home is located. The board of health of the health district will:

(1) Approve the application, unless the maternity home is in noncompliance with any applicable local health regulation; and

(2) Notify the director of its determination within thirty days of receipt of the application.

(D) If the board of health of the health district does not provide the notice required by paragraph (C) of this rule, the application will be deemed to be approved by the board of health of the health district.

(E) The director will issue a license to the applicant if it is determined that the applicant is in compliance with Chapter 3711. of the Revised Code and applicable rules within Chapter 3701-7 of the Administrative Code. The license will state the following:

(1) The name of the licensee;

(2) The particular premises in which the business will be carried out; and

(3) The licensed capacity for maternal and newborn residents.

(F) The license will be valid for a period of three years from the end of the month in which the license was issued or renewed.

(G) A license issued for a maternity home is valid only for the premises provided on the license in accordance with paragraph (E) of this rule.

(H) The licensee will notify the director, in writing, within seven days of any change in administrator, primary agent, or name of the maternity home.

(I) The licensee will notify the director within seven days, in writing, of the voluntary suspension of operation, closing, or sale of the maternity home, and return the license to the director. In the event of involuntary closure, the licensee will provide written notice as soon as possible after learning of the closure.

(J) The license will be posted conspicuously at the entrance of the maternity home.

(K) The licensee will ensure that the resident occupancy does not exceed the licensed capacity.

(L) The licensee will notify the director, in writing, prior to any construction and/or change in the licensed capacity for either maternal or newborn residents.

Last updated March 30, 2026 at 7:34 AM

History

Effective: March 30, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3701-7-02 Prohibitions.

(A) No person or agency of state or local government will operate a maternity home that does not comply with the provisions of this chapter of the Administrative Code.

(B) No person or agency of state or local government will:

(1) Interfere with an inspection or investigation of a maternity home by the director. As used in this paragraph, "interfere" means to obstruct directly or indirectly any individual conducting an authorized inspection or investigation from carrying out his or her duties, including:

(a) Harassment;

(b) Intimidation;

(c) Refusal to permit the director upon presentation of official department identification, to inspect or investigate the maternity home; or

(d) Refusal to permit the director upon presentation of official department identification to enter and inspect records that are kept concerning the operations of the maternity home for information necessary to determine compliance with the applicable rules of this chapter.

(C) Each provider of a maternity home will ensure that the building or structure where it is located is in compliance with all applicable federal, state and local laws and regulations.

(D) Nothing in this chapter will be construed as authorizing individuals to provide services outside their licensed scope of practice.

(E) A new maternity home is obligated to provide the service in compliance with all applicable provisions of Chapter 3701-7 of the Administrative Code, unless a waiver or variance is granted under the provisions of section 3711.13 of the Revised Code.

(F) No person will operate a maternity home as defined in division (B) of section 3711.01 of the Revised Code unless the person holds a valid license issued under this chapter.

Last updated March 30, 2026 at 7:34 AM

History

Effective: March 30, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3701-7-04 Inspections; compliance.

(A) The director of health will monitor compliance with Chapter 3711. of the Revised Code and Chapter 3701-7 of the Administrative Code. The director may conduct inspections of a maternity home as often as deemed necessary based upon the compliance history of the maternity home, but at least once every three years, to adequately monitor compliance. The inspections may be scheduled and announced or random and unannounced as follows:

(1) The triennial inspection will be scheduled and announced; and

(2) All other inspections may be random and unannounced.

(B) The director may conduct an inspection to investigate alleged violations of Chapter 3711. of the Revised Code and Chapter 3701-7 of the Administrative Code. The director will inform the complainant and the facility of the results of the inspection.

(1) Inspection fee of seven hundred fifty dollars for each of the following:

(a) Maternity home;

(b) On-site follow-up;

(d) Environmental; and

(e) Monitoring.

(2) Desk review fee of three hundred twenty-five dollars.

(D) If the director determines the existence of a violation of any provision of Chapter 3711. of the Revised Code or Chapter 3701-7 of the Administrative Code, the director may request the licensee to submit an acceptable plan of correction to the director stating the actions being taken or to be taken to correct a violation, the time frame for completion and the means by which continuing compliance will be monitored; and may:

(1) In accordance with Chapter 119. of the Revised Code, impose a civil penalty based on the severity of the violation between one thousand dollars and not more than ten thousand dollars as follows:

(a) Violations that present an imminent threat of serious physical or life threatening danger, or an immediate serious threat to the emotional health, safety or security of one or more residents;

(b) Violations that directly threaten physical or emotional health, safety, or security of one or more residents; and/or

(c) Violations that indirectly threaten or potentially threaten the physical or emotional health, safety, or security of one or more residents.

(2) Summarily suspend a license issued under this chapter if the director believes that there is clear and convincing evidence that the continued operation of the maternity home presents a danger of immediate and serious harm to residents. If the director suspends a license, the director is obligated to issue a written order of suspension and cause it to be delivered by certified mail or in person in accordance with section 119.07 of the Revised Code. The order will:

(a) Not be subject to suspension by the court while an appeal filed under section 119.12 of the Revised Code is pending. If the license holder subject to the suspension requests an adjudication, the date set for the adjudication will be within fifteen days but not earlier than seven days after the license holder makes the request, unless another date is agreed to by both the license holder and the director. The summary suspension will remain in effect, unless reversed by the director, until a final adjudication order is issued by the director pursuant to this chapter and Chapter 119. of the Revised Code becomes effective; and

(b) Issue a final adjudication by the director not later than ninety days after completion of the adjudication. If the director does not issue a final order within the ninety-day period, the summary suspension will be void, but any final adjudication order issued subsequent to the ninety-day period will not be affected.

(3) Revoke a license issued under this chapter if the director determines that a violation of a rule under this chapter has occurred in such a manner as to pose an imminent threat of serious physical or life-threatening danger to one or more residents.

(4) In accordance with Chapter 119. of the Revised Code, for a second or subsequent violation of Chapter 3711. of the Revised Code or this chapter, or for an initial violation the director determines has caused or poses an imminent threat of serious physical or life-threatening danger, issue an order that the home will cease operation.

(E) If the director issues an order revoking or suspending a license issued under this rule and the license holder continues to operate a maternity home, the director may ask the attorney general to apply to the court of common pleas of the county in which the license holder is located for an order enjoining the license holder from operating the home. The court will grant the order on a showing that the person is operating the maternity home.

(F) In determining which of the actions to take under paragraph (D) of this rule, the director may consider, but is not limited to, the following factors:

(1) The danger of serious physical or life-threatening harm to one or more residents, including a determination whether the harm presents an:

(a) Imminent threat of serious physical or life threatening danger, or an immediate serious threat to the emotional health, safety, or security one or more residents;

(b) Direct threat to the physical or emotional health, safety, or security of one or more residents; and/or

(c) Indirect threat or potential threat to the physical or emotional health, safety, or security of one or more residents;

(2) The number of residents directly affected by the violation;

(3) The number of staff involved in the violation;

(4) Whether the maternity home took appropriate actions to correct the violation; and

(5) The compliance history of the maternity home.

Last updated March 30, 2026 at 7:34 AM

History

Effective: March 30, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3701-7-05 Facilities; equipment; safety requirements.

(A) Maternity home facilities and equipment will include at least the following:

(1) Equipment, lighting, and means of regulating indoor temperature and indoor air quality to provide a safe and comfortable living environment and working conditions in the maternity home;

(2) Adequate facilities for the delivery of housekeeping and other supportive services;

(3) Handrails in all stairwells, and grab bars in bathrooms and showers;

(4) Secure office space for maintenance, preparation, and storage of resident medical records and medications;

(5) Separate toilet facilities for personnel;

(6) A dining area;

(7) Adequate storage areas;

(8) A means for the sanitary disposal of waste and soiled linen;

(9) A relaxation area not readily accessible to the casual visitor;

(10) Private office space for resident consultation;

(11) Laundry facilities for residents;

(12) At least one separate, private room for the examination and treatment of residents;

(13) Equipment and supplies necessary for routine and emergency care of residents;

(14) Resident bedrooms, with no more than four beds in each room; and

(15) For every three residents, one bathroom that is accessible from a hallway.

(B) Each maternity home is obligated to post the department's toll free complaint hotline in a conspicuous place.

(C) Each maternity home that offers newborn services will maintain a newborn nursery appropriate to the number of newborns to be cared for at any one time. Each newborn nursery room will be equipped with the following:

(1) A floor area of twenty-four square feet for each newborn station with a minimum of two feet between newborn stations;

(2) Maternity homes providing care to newborns requiring close observation are obligated to provide a minimum floor area of fifty square feet with a minimum of four feet between and at all sides of newborn stations;

(3) At least one door capable of being locked that exits to a main corridor; and

(4) At least one sink capable of hands-free operation.

(D) Each maternity home will ensure that the building or structure where the maternity home is located:

(1) Has a certificate of use from a local, certified building department or from the Ohio department of commerce as meeting applicable requirements of Chapters 3781. and 3791. of the Revised Code and the rules adopted thereunder;

(2) Complies with the state fire code; and

(3) Complies with the applicable provisions of Chapter 3737. of the Revised Code and the rules adopted under it.

(E) The maternity home will develop and follow a disaster preparedness plan including evacuation in the event of a fire. Evacuation procedures will be reviewed at least annually, and practice drills will be conducted quarterly on each shift.

(F) The maternity home will develop and follow policies for ensuring the safety and security of all residents, including infant security drills for locating missing infants. The policies will be reviewed at least annually, and practice infant security drills will be conducted on each shift at least once every six months.

(G) The maternity home will establish and follow written infection control policies and procedures for the surveillance, control, prevention, and reporting of communicable disease organisms by both the contact and airborne routes which will be consistent with current infection control guidelines issued by the United States centers for disease control and prevention. The policies and procedures will address:

(1) The utilization of protective clothing and equipment;

(2) The storage, maintenance and distribution of sterile supplies and equipment;

(3) The disposal of biological waste, including blood, body tissue, and fluid in accordance with Ohio law;

(4) Universal precautions body substance isolation or equivalent; and

(5) Tuberculosis and other airborne diseases.

(H) The maternity home will comply with the disease reporting requirements set forth in Chapter 3701-3 of the Administrative Code.

(I) Each maternity home will label, store and dispose all poisons, hazardous wastes and flammable materials in a safe manner that does not jeopardize resident health or safety, and in accordance with state and federal laws and regulations.

Last updated March 30, 2026 at 7:34 AM

History

Effective: March 30, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3701-7-06 Maternity home staffing standards; information to providers prior to admission.

(A) All persons whose work or service responsibilities involve continuing activities in the maternity home will have a health evaluation by a licensed physician or other licensed health professional operating within their scope of practice, which will include establishing the absence of conditions transmissible to others, prior to their having access to the home.

(B) The maternity home will designate a person as an administrator to be responsible for day to day operations of the home, ensuring that resident needs are met at all times and for assuring compliance with Chapter 3711. of the Revised Code and Chapter 3701-7 of the Administrative Code.

(C) Each maternity home that operates a nursery is obligated to retain a physician qualified in pediatrics to direct the care of the infants including the initiation and maintenance of policies and procedures necessary for this care.

(D) The maternity home will retain the services of a registered nurse to direct nursing activities, including the initiation and maintenance of policies and procedures dealing with nursing care.

(E) A nurse will be on duty at all times when the nursery is occupied in a maternity home that operates a nursery.

(F) The maternity home will not knowingly permit a staff member or volunteer to provide services if the individual has a communicable disease capable of being transmitted during the performance of their duties.

(G) A maternity home will document any complications and adverse events impacting the health, safety, or well being of any resident.

(H) Each maternity home will:

(1) Have the ancillary and support staff necessary for the provision of maternity home services; and

(2) Ensure all staff members provide services in accordance with applicable, current, and accepted standards of practice and the clinical capabilities of the maternity home.

(I) Prior to admission, the maternity home is obligated to provide the following in writing to the prospective resident or the prospective residents representative:

(1) An itemized list of fees for all services provided by the home;

(2) A list of the services provided at the maternity home, including, but not limited to:

(a) Medical services;

(b) Nursing services; and

(3) A list of services available to the resident within the home or outside of the home within a reasonable proximity, along with instructions on how to obtain such services.

(J) A maternity home is obligated to keep all records and reports for not less than five years and such records and reports will be available for inspection by the director. The medical records of the infant residents of a maternity home, where applicable, will include, but not be limited to:

(1) History of gestation;

(2) Delivery and immediate postnatal periods;

(3) Physical examinations;

(4) Treatment; and

(5) Medication orders.

Last updated March 30, 2026 at 7:34 AM

History

Effective: March 30, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3701-7-07 Newborn nutrition.

Maternity homes using commercial formula, human milk, donor human milk, or donor human milk products, will provide for the safe storage and handling of the formula, human milk, donor human milk, donor human milk products, or any combination thereof.

Last updated March 30, 2026 at 7:34 AM

History

Effective: March 30, 2026
Promulgated Under: 119.03

Chapter 3701-9 Tattoo and Body Piercing Services

Ohio Adm.Code 3701-9-01 Definitions.

As used in this chapter:

(A) "Aftercare" means verbal and written guidelines, specific to the body art procedure(s) performed, about caring for the body art and the surrounding area. These guidelines shall include, but not be limited to, information about physical restrictions, wound care, signs and symptoms of infection, and when to seek medical treatment, if necessary.

(B) "Antiseptic solution" means an agent that destroys pathogenic microorganisms on human skin or mucosa.

(C) "Approval" means written approval from the board of health indicating that the body art establishment has been inspected and meets all terms of this chapter.

(D) "Aseptic technique" means a set of specific practices and procedures performed under controlled conditions with the goal of minimizing contamination by pathogens.

(E) "Board of health" means the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code.

(F) "Body art" means the practice of physical body adornment, including tattooing, permanent cosmetics and/or body piercing. This definition does not include practices that are considered medical procedures by the state medical board, performed with medical devices, that include but are not limited to biopsy or dermal punches and scalpels.

(G) "Body artist" means an individual, including an operator, who performs one or more of the following procedures:

(1) Tattooing;

(2) Permanent cosmetics;

(3) Body piercing.

(H) "Body art establishment" means any place, whether temporary or permanent, stationary or mobile, where tattooing and/or body piercing is performed.

(I) "Body piercing" means the piercing of any part of the body by someone, other than a physician licensed under Chapter 4731. of the Revised Code, who utilizes a needle or other industry specific instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the earlobe with an ear piercing gun. Body piercing also includes surface anchors and surface piercing. This definition does not include practices that are considered medical procedures by the state medical board, performed with medical devices that include, but are not limited to, biopsy or dermal punches and scalpels.

(J) "Business" means any entity that provides body art services for compensation.

(K) "Custodian" has the same meaning as in section 2151.011 of the Revised Code.

(L) "Disinfectant" means a product, registered by the United States environmental protection agency, that kills or destroys nearly all disease-producing microorganisms, with the exception of bacterial spores.

(M) "Ear piercing gun" means a mechanical device that pierces the ear by forcing a disposable, single-use stud or solid needle through the earlobe.

(N) "Gloves" mean a medical-grade, disposable, single-use covering for the hands worn for protection against disease transmission.

(O) "Guardian" has the same meaning as in section 2111.01 of the Revised Code.

(P) "Hand washing" means the process of physically removing or reducing most microorganisms from the hands by thoroughly washing all surfaces of the hands and under fingernails with soap and warm running water for twenty seconds, rinsing hands well under running water and drying hands throughly with a clean single-use towel or mechanical hand dryer.

(Q) "Infectious waste" means waste as defined in section 3734.01 of the Revised Code.

(R) "Operator" means any person, firm, company, corporation or association that owns, controls, operates, conducts or manages a body art establishment. The operator may or may not be a body artist.

(S) "Patron" means a person requesting and receiving body art services or ear piercing services by an ear piercing gun.

(T) "Permanent cosmetics" means a tattoo, by someone other than a physician licensed under Chapter 4731. of the Revised Code, which includes but is not limited to eyebrows, eyelids, lips and other parts of the body for beauty marks, hair imitation, lash enhancement or areola repigmentation. This includes any procedures referred to as "permanent makeup," "microdermapigmentation," "micropigment implantation" or "dermagraphics" and for the purpose of these rules has the same meaning as "tattoo." This definition does not include practices that are considered medical procedures by the state medical board, performed with medical devices that include, but are not limited to, biopsy or dermal punches and scalpels.

(U) "Premises" means the physical location of a body art establishment.

(V) "Single use" means products or items that are intended for one-time, one-person use and are disposed of after use on any patron.

(W) "Sterilize or sterilization" means a process by which all forms of microbial life, including bacteria, viruses, spores, and fungi, are destroyed.

(X) "Standard precautions" means a set of minimum infection prevention guidelines and controls, published by the centers for disease control and prevention (CDC) that include:

(1) Hand hygiene;

(2) Use of protective equipment;

(3) Safe needle practices;

(4) Safe handling of potentially contaminated equipment or surfaces;

(5) Respiratory hygiene/cough etiquette.

For the purposes of these rules "standard precautions" incude "universal precautions" as used in section 3730.10 of the Revised Code.

(Y) "Surface anchor" means jewelry that is placed into the upper portion of the dermis, which has one point of entry, which also serves as the exit that exposes the jewelry stem to air.

(Z) "Surface piercing" means any piercing on the surface of the body, under the epidermis but not to subcutaneous tissue. The piercing canal is under the surface of the skin with exit and entry points perpendicular to the tissue.

(AA) "Tattoo" means any method utilizing needles or other industry specific instruments by someone other than a physician licensed under Chapter 4731. of the Revised Code, to permanently place designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a person with ink, dye, pigment or any other substance resulting in an alteration of the appearance of the skin. This definition does not include practices that are considered medical procedures by the state medical board, performed with medical devices that include, but are not limited to, biopsy or dermal punches and scalpels.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-02 Board of health approval.

(A) In accordance with section 3730.02 of the Revised Code, no person shall operate a business offering body art services without first obtaining approval of the board of health in the jurisdiction in which the business will operate.

(B) No person shall construct, install, provide, equip, or extensively alter a body art establishment until all plans and specifications for the facility layout, equipment and operation have been submitted to and accepted, in writing, by the board of health of the city or general health district in which the business is located. Plans and specifications shall clearly show the applicable provisions of the rules in this chapter can be met and shall include, but not be limited to, the following:

(1) The total area to be used for the business;

(2) Entrances and exits;

(3) Number, location and types of plumbing fixtures, including all water supply facilities;

(4) Lighting plan;

(5) Floor plan, showing the general layout of the fixtures and equipment;

(6) Listing of all equipment to be used, including the manufacturer and model numbers;

(7) Written verification from the zoning authority and building department having jurisdiction that the building has been zoned and approved for the business use;

(8) Written infection prevention and control plan that includes, but is not limited to, the following:

(a) Decontaminating and disinfecting environmental surfaces;

(b) Decontaminating, packaging, sterilizing, and storing reusable equipment and instruments;

(d) Ensuring that standard precautions and aseptic techniques are utilized during all body art procedures;

(e) Safe handling and disposal of needles;

(f) Aftercare guidelines.

(C) Persons seeking approval to operate a business offering body art services shall apply to the board of health of the city or general health district in which the business is located, on forms the board shall prescribe and provide. The applicant shall submit all applicable fees and information the board of health determines is necessary to process the application. Information requested by the board of health as part of the application process shall include, but not be limited to, the following:

(1) The name, address, telephone number, business address, business telephone number, and occupation of the operator. If the operator is an association, corporation, or partnership, the address and telephone number of the entity and the name of every person who has an ownership interest of five per cent or more in the business;

(2) The name of each person or entity who has an ownership interest of five per cent or more in the business;

(3) Statement of attestation that the operator intends to comply with all requirements established by sections 3730.01 to 3730.11 of the Revised Code and the rules of this chapter; and

(4) A list of all body artists who have received adequate training and will be performing body art services in the body art establishment.

(D) Every person who intends to open a new body art establishment shall apply for an approval at the time the plans and specifications are submitted to the board of health. Initial approvals granted on or after October first shall be effective from the date of issuance until December thirty-first of the following year, unless suspended or revoked under section 3730.05 of the Revised Code.

(E) Every person who intends to renew an approval to operate or maintain a body art establishment shall apply to the board of health on or after November first of each year. Applications received or postmarked after December thirty-first shall be assessed a penalty as authorized by section 3709.09 of the Revised Code.

(F) Approvals are not transferable and remain valid for one year, ending December thirty-first. Any change in address or change in ownership shall require the operator to apply for approval, with payment of all fees established by the board of health.

(G) The operator shall provide evidence and documentation of all applicable fee payments, inspections and approvals required by this chapter of the Administrative Code and shall post the current approval in a conspicuous manner on the business premises.

(H) Before an approval is initially issued and annually thereafter, or more often if necessary, the board of health shall conduct inspections of a body art business under section 3730.03 of the Revised Code. The board of health or an authorized representative shall have the authority to enter a body art business at any reasonable time to conduct inspections, and inspect procedures and conditions relating to the enforcement of sections 3730.02 to 3730.10 of the Revised Code and this chapter of the Administrative Code.

(I) In accordance with section 3730.04 of the Revised Code, the operator shall give the board of health access to the business premises and to all records relevant to an inspection.

(J) The board of health in the jurisdiction in which a body art business shall operate may approve such business for the purposes of operating on a time-limited basis, in conjunction with a specific event. Time-limited body art establishments may be permitted at such events as fairs, and other time-limited gatherings of people, if the board of health determines that the operator can substantially meet provisions contained in these rules. For the purpose of this approval, the following shall occur:

(1) Businesses having current approval from a board of health shall apply for time-limited approval from the board of health in the jurisdiction in which a specific, time-limited event shall take place. The applicable board of health may accept the business's current approval as evidence of substantial compliance with provisions contained in these rules. While accepting the approval of another board of health, the board of health in the jurisdiction in which a body art business seeks time-limited approval shall conduct an inspection of the site in which the operator intends to conduct the time-limited business to ensure that local standards will be met.

(2) Businesses which do not have current approval from a board of health, or Ohio businesses in jurisdictions from which approval is not accepted by the board of health in which time-limited approval is being sought, shall apply for time-limited approval from the board of health in the jurisdiction in which a specific, time-limited event shall take place. The applicant shall submit all applicable fees and information the board of health determines necessary to process the application.

(a) Information requested shall assure the board of health being requested for time-limited approval that the business is capable of meeting the provisions of these rules.

(b) In addition to reviewing information submitted by the business, the board of health in the jurisdiction in which a body art business seeks time-limited approval shall conduct an inspection of the site in which the operator intends to conduct the time-limited business to ensure that local standards will be met. The board of health shall take into consideration the use of resources utilized to promulgate provisions of this paragraph when determining an appropriate fee.

(K) The board of health may, in accordance with rule 3701-9-09 of the Administrative Code, refuse to grant an approval or may suspend or revoke any approval issued to any person for failure to comply with the requirements of Chapter 3730. of the Revised Code or this chapter of the Administrative Code.

(L) Any person aggrieved by the board of health's denial of plans or refusal to grant an approval may, within thirty days following receipt of the board of health's notice, request a hearing on the matter. The hearing shall be held in accordance with rule 3701-9-09 of the Administrative Code and may be appealed in the manner provided in that rule.

(M) Operators of an approved business performing body art services, other than those utilizing an ear piercing gun, shall ensure that services are not performed outside the business premises, unless the board of health has provided approval for a time-limited operation.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-09

(A) The board of health may deny, suspend, or revoke approval of a business offering body art services if the business made any material misrepresentation to the board, does not meet or no longer meets, or has a history of non-compliance with the requirements of sections 3730.01 to 3730.11 of the Revised Code and this chapter of the Administrative Code.

(B) In the case of a proposal to deny, suspend, or revoke approval of a business offering body art services, the board of health shall provide the business with written notice of the proposed action and the cause for the action. The notice shall describe the procedure for appealing the proposed denial, suspension, or revocation.

(1) The written notice shall be provided by certified mail, return receipt requested, or by hand delivery. If the notice is returned because of failure of delivery, the board of health shall either send the notice by regular mail to the business location listed on the application, or conspicuously post the notice at an entrance of the business. In either case, the notice shall be deemed to have been received on the date it was mailed or posted.

(2) The notice shall state that the business may obtain a hearing under this rule if a written request for a hearing is mailed or hand-delivered to the board of health's address specified in the notice, within fifteen days after the affected business receives or is deemed to have received the notice.

(3) Upon receiving a timely hearing request, the board of health shall schedule a hearing before the board or a hearing officer designated by the board of health. If the board of health provides a hearing officer, he or she shall be licensed to practice law in Ohio and shall not have participated in any manner in the decision to take the action against the operator.

(4) The board of health shall mail or hand-deliver notice of the date, time, and place of the hearing to the operator no less than ten days before the scheduled date. The board of health may additionally post the notice of hearing at the entrance of the business.

(5) The business and the board of health each shall have one opportunity to reschedule the hearing date upon specific request to the hearing officer, or if a hearing officer has not been designated, to the other party. Any other postponements of the hearing shall be by agreement of the board of health, the business, and the hearing officer, if one is designated.

(6) At the hearing, the business shall have the opportunity to present its case orally or in writing and to confront and cross-examine adverse witnesses. The business may be represented by its counsel, if desired, and may review the case record before the hearing. If the board of health has designated a hearing officer, a member of that board does not have to be present at the hearing.

(7) If the hearing is before a hearing officer, he or she shall prepare a written recommendation as to the validity of the board of health's action, which shall rest solely on the evidence presented at the hearing and the statutory and regulatory provisions governing the board of health's action. The hearing officer shall describe the basis for his or her recommendation, but need not prepare a full opinion or formal findings of fact and conclusions of law. The hearing officer shall mail by certified mail, return receipt requested, or hand-deliver the recommendation to the board of health and the operator. Either party may file objections to the recommendation provided that the objections are received by the board of health within five days of receiving a copy of the recommendation from the hearing officer.

(8) After reviewing any timely objections, the board of health may by motion take additional evidence or approve, modify, or disapprove the hearing officer's recommendation and shall enter an order in the record of its proceedings.

(9) If the board of health does not receive a timely request for hearing, the board may immediately enter an order as proposed in the notice.

(C) In the case of a suspension of approval for a violation presenting an immediate danger to the public health, the board of health shall provide the business with written notice of the action, the cause of the action, and the effective date of the action. The written notice shall specify the procedure for appealing the suspension and shall list the address to which a hearing request shall be sent or delivered. The business may appeal the suspension by mailing or hand-delivering a written request for hearing to the address specified in the notice. If a hearing is requested, it shall be heard not later than two business days after the request is received by the board of health. At the hearing, the business shall have the opportunity to present its case orally or in writing and to confront and cross-examine adverse witnesses. The business may be represented by its counsel, if desired, and may review the case record before the hearing. At the hearing, the board of health shall determine whether the immediate danger to the public health continues to exist.

(D) Any determination made or order entered by the board of health pursuant to this rule shall be made by a majority vote of the members of the board present at a meeting at which there is a quorum. If the board of health conducts the hearing, the board may immediately render a decision denying, suspending, or revoking approval, or render a decision removing or continuing an approval suspension. The determination or order may be considered and made at a meeting without publication or advertisement, and may become effective without such publication or advertisement, recording or certifying. An order is not effective until it is recorded in the board of health's record of its proceedings.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-03 Fees.

(A) Each board of health shall utilize the cost methodology specified in rule 3701-36-14 of the Administrative Code to calculate fees for providing services specified in section 3730.03 of the Revised Code. The calculated fees shall not exceed the cost of issuing approvals and inspecting body art establishments.

(B) All fees collected by the board of health shall be deposited into the health fund of the district that the board serves. The fees shall be used solely for the purpose of implementing and enforcing sections 3730.01 to 3730.11 of the Revised Code and the rules of this chapter.

(C) Each fee established by the board of health pursuant to section 3709.09 of the Revised Code shall be specified in accordance with the following categories:

(1) Tattooing services;

(2) Body piercing services;

(3) Combined body art services;

(4) Time-limited approval for a specific event.

(D) Fees authorized or charged at the rate determined under paragraph (A) of this rule are in lieu of all approval and inspection fees on or with respect to operation and ownership of a body art establishment within this state, except that the board of health may charge additional reasonable fees for the collection and bacteriological examination of any necessary water samples taken from such establishment.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-36-14

(A) The city or general health district shall utilize the cost methodology specified in this rule to calculate costs of providing services specified in sections 3701.344, 3711.10, 3729.07, 3730.03, 3733.04, 3733.25 and 3749.04 of the Revised Code to the extent that section 3717.07 of the Revised Code does not require the use of a different methodology for calculation of costs of providing services.

(B) The actual cost to a city or general health district of providing services specified in sections 3701.344, 3711.10, 3729.07, 3730.03, 3733.04, and 3749.04 of the Revised Code shall be calculated through utilization of the following data from its previous fiscal year. Such costs shall not include any costs which are otherwise recovered by grant, contract or declared match support for any grant or contract.

(1) List all employees working in each program for the purpose of administering and enforcing the chapter and rules;

(2) Determine the percentage of time worked in each program by each employee, calculated by dividing the amount determined under paragraph (B)(2)(a) of this rule by the amount determined under paragraph (B)(2)(b) of this rule.

(a) Total hours worked in each program subject to this rule by each employee

(b) The total hours worked in all programs for which each employee was paid in the last year;

(3) Determine the percentage of time worked in each program by all employees subject to this rule, calculated by dividing the amount determined under paragraph (B)(3)(a) of this rule by the amount determined under paragraph (B)(3)(b) of this rule.

(a) Total hours worked in each program subject to this rule by all employees

(b) The total hours worked in all programs by all employees for which all employees were paid in the last year;

(4) The total annual wages or salary paid to each employee;

(5) The total amount for fringe benefits paid on behalf of each employee;

(6) The total travel costs attributable to each program subject to this rule by determining the actual cost of mileage reimbursement or vehicle depreciation, repair, and fuel incurred for each program;

(7) The total program direct costs of equipment, supplies, and materials specific to each program;

(8) The support costs for the program as determined by one of the following methods:

(a) Use of actual support cost items which may include, but are not limited to, the salary and fringe benefits of the health commissioner, utilities, rent, supplies, equipment, liability insurance, training and other costs as allowable in circular A-87 as published by the United States office of management and budget.

Actual support costs of each program are calculated by multiplying the amount determined under paragraph (B)(8)(a)(i) of this rule by the amount determined under paragraph (B)(8)(a)(ii) of this rule.

(i) The portion of total departmental support costs allocated to the environmental health subdivision.

(ii) The percentage of total time worked in each program by all employees subject to this rule as determined in paragraph (B)(3) of this rule.

(b) Use of an indirect cost rate determined by the board of health provided the indirect cost used is consistent with the requirements of circular A-87 as published by the United States office of management and budget.

(c) Use of an indirect cost rate of thirty per cent of the sum of wages or salaries, fringe benefits of employees, attributable to each program. The wages or salaries and fringe benefits of employees attributable to each program shall be determined by multiplying the amounts determined for each employee under paragraphs (B)(4) and (B)(5) of this rule by the percentage for all employees determined under paragraph (B)(3) of this rule and adding the products;

(d) Application of a negotiated indirect cost rate and calculation method approved by an agency of the federal government for the local health district to each program; and

(9) The laboratory, training, and educational costs for each program subject to this rule.

(C) The costs for each program may also include, but are not limited to, the amounts of any known or anticipated increases in costs or expenses for such items as rent, utilities, equipment, and current personnel, as well as the costs for additional personnel identified by the board of health of the city or general health district.

(D) The total costs for each program shall be calculated in the following manner:

(1) For each employee, multiply the amount of total annual wages or salary determined under paragraph (B)(4) of this rule by the percentage determined pursuant to paragraph (B)(2) of this rule. Sum the products;

(2) For each employee, multiply the fringe benefits determined under paragraph (B)(5) of this rule by the percentage determined pursuant to paragraph (B)(2) of this rule. Sum the products;

(3) For each employee, the actual travel costs for each employee attributable to each program may be used. Sum the costs. As an alternative, multiply the total travel costs determined under paragraph (B)(6) of this rule by the percentage determined pursuant to paragraph (B)(2) of this rule. Sum the actual products;

(4) Add the amounts determined under paragraphs (B)(7), (B)(8), (B)(9) and (C) of this rule for each program to the totals calculated in paragraphs (D)(1), (D)(2), and (D)(3) of this rule. This total is the cost for each program.

(E) For any license fee that includes an amount established by the public health council, the city or general health district shall remit all amounts due to the department of health within forty-five days of the conclusion of each calendar quarter, unless another timeframe is specified in law.

Last updated February 21, 2024 at 11:34 AM

History

Effective: October 12, 2009
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-04 Safety and sanitation standards.

The operator of a body art establishment shall ensure that the business complies with the following:

(A) The premises shall have an area of at least one hundred square feet. The floor space for each individual performing body art services shall have an area of at least thirty six square feet. These areas shall be adequately spaced, or separated from each other by fixed partitions. Complete privacy shall be available upon a patron's request.

(B) The entire procedure room and all equipment shall be maintained in a clean, sanitary condition and in good repair.

(C) A minimum of at least twenty foot-candles of artificial light at a distance of thirty inches above the floor shall be provided throughout the establishment. A minimum of forty foot-candles of light shall be provided at the level where the body art is being performed. Spotlighting may be used to achieve this required degree of illumination.

(D) All floors directly under equipment used for body art shall have an impervious, smooth, and washable surface.

(E) All tables and other equipment shall be constructed of easily cleanable material, with a smooth finish.

(F) Restroom facilities shall be made available to the body artists and patrons and shall be located within the establishment. The restroom shall be accessible at all times the body art establishment is open for operation. The restroom shall be equipped with a toilet, toilet paper installed in a holder, hand washing sink supplied with hot and cold running water, liquid or granulated soap and single-use towels or mechanical hand dryer. Equipment and supplies used for body art procedures or disinfection and sterilization procedures shall not be stored or utilized within the restroom.

(G) A hand washing sink, with hot and cold running water, liquid or granular soap, and single-use towels or mechanical hand dryer shall be located separate from the restroom and in close proximity of each body artist performing a procedure.

(H) There shall be no overhead or otherwise exposed sewerage lines so as to create a potential hazard to the sanitary environment of the business.

(I) Sufficient and appropriate receptacles shall be provided for the disposal of used gloves, dressings, and other trash. Each receptacle shall have a lid and be kept closed at all times while not in use.

(J) Animals shall not be permitted in the body art establishment. This requirement does not apply to patrol dogs accompanying security or police officers, guide dogs, or other support animals accompanying disabled persons.

(K) Unless medically necessary, no food or drink shall be consumed, contact lenses be handled, cosmetics be applied, personal grooming performed, personal vaporizing (including electronic cigarettes) devices be handled, or other similar activities be conducted in rooms used specifically for body art or sterilization procedures.

(L) All water supplies, waste water disposal systems, solid waste disposal, and infectious waste disposal shall meet requirements of the Ohio environmental protection agency, the Ohio department of health or the local health department, as appropriate.

(M) Persons performing body art services have received appropriate training, as evidenced by:

(1) Training to include the following:

(a) Records of completion of courses or seminars in body art offered by authorities recognized by the board of health as qualified to provide such instruction; or

(b) Written statements of attestation by individuals offering body art apprenticeships that the person has received sufficient training of adequate duration to completely perform body art services; or

(2) Demonstrated knowledge of the principles of sterilization.

(3) Records of completion, courses or seminars provided by licensed physicians, registered nurses, organizations such as the american red cross, accredited learning institutions, appropriate governmental entities, real-time online providers or other authorities recognized by the board of health as being qualified to provide training in the following:

(a) First aid; and

(b) Standard precautions for preventing transmission of bloodborne and other infectious diseases.

(N) Within one year of the effective date of this rule, the operator of an existing and approved body art establishment shall submit, to the board of health for approval, a written infection prevention and control plan prepared in accordance with paragraph (B) (8) of rule 3701-9-02 of the Administrative Code. The plan shall kept up to date and resubmitted to the board of health as necessary.

(O) Body artists shall not perform body art services if:

(1) They are impaired by any drugs or alcohol;

(2) They knowingly have, in a communicable stage, an infectious or contagious disease, parasitic infestation, exudative lesions or weeping dermatitis. They shall avoid contact with patrons and equipment until the condition is healed. Any cuts, sores or abrasions shall be adequately covered with a bandage.

(P) In accordance with section 3730.06 of the Revised Code, no person shall perform a body art procedure, or ear piercing procedure with an ear piercing gun on an individual who is under eighteen years of age, unless consent has been given by the individual's parent, guardian, or custodian in accordance with the following:

(1) A parent, guardian, or custodian of the individual under eighteen years of age signs a document provided by the business that explains the manner in which the procedure will be performed, the specific part of the body upon which the procedure will be performed, and the methods for proper care of the affected body part following the procedure; and

(2) A parent, guardian, or custodian of an individual under eighteen years of age appears in person at the business at the time the procedure is performed.

(3) No body art procedure shall be performed on the nipple, areola or genital area of any individual under the age of eighteen.

(Q) Prior to performing the procedure, the body artist shall inquire of a patron if they have conditions which could affect the healing process. Body art procedures shall not be performed on patrons that indicate the presence of such a condition without documentation from a licensed physician indicating acceptance of the patient for appropriate care following the procedure.

(R) Body art procedures shall be performed only on a healthy skin surface.

(S) Persons performing body art procedures shall observe standard precautions for preventing transmission of bloodborne and other infectious diseases in accordance with the following:

(1) Sterile instruments and aseptic techniques shall be used at all times during a procedure;

(2) Hand washing shall be performed before and after each procedure. Fingernails shall be kept short and clean;

(3) Clean, previously unused gloves shall be worn throughout the entire procedure, including setup and tear down. If the gloves are pierced, or torn, or if they become otherwise contaminated or compromised, hand washing shall be performed and a new pair shall be put on immediately. If the body artist leaves the area during the procedure, gloves shall be removed before leaving, hand washing shall be performed and a new pair of gloves shall be put on when returning. Under no circumstances shall a single pair of gloves be used on more than one patron;

(4) Only sterilized, single use, disposable needles shall be used on a patron. All used needles and associated needle bars shall be properly disposed of immediately after the procedure;

(5) If shaving is necessary, single use disposable razors shall be used. Used razors shall be properly disposed of in an appropriate sharps container;

(6) All marking instruments shall be single use or be manufactured to sterilize by design;

(7) All products used to address the flow of blood or to absorb blood shall be single use and disposed of properly. No individual performing a body art procedure shall use styptic pencils, alum blocks or other solid styptics to address the flow of blood;

(8) After any body art service and prior to the next, all procedure areas shall be cleaned and disinfected with an approved disinfectant;

(9) All soaps, inks, dyes, pigments, ointments, and other products shall be dispensed and applied using an aseptic technique and in a manner to prevent contamination of the original container and its contents. Applicators shall be single use and disposed of properly;

(10) Any equipment intended for use that is not single use shall be disinfected and sterilized between patrons. Equipment that cannot be sterilized shall be disinfected between use; and

(11) All body artists shall follow appropriate hand washing techniques and wear gloves when involved in cleaning, disinfecting and sterilization procedures.

(T) Each patron shall be provided with verbal and written aftercare guidelines following any body art procedure.

(U) Body artists shall work with the board of health when a complaint of obvious infection is directly related to the body art procedure.

(V) The disposal of waste items including, but not limited to needles, razors and other supplies capable of causing lacerations or puncture wounds, generated through the provision of any body art procedure shall be disposed in accordance with Chapter 3745-27 of the Administrative Code.

(W) A record of each body art procedure shall be maintained for at least two years. The record shall include, but not be limited to, the following:

(1) The patron's name;

(2) The patron's address;

(3) The date of the service;

(4) Colors and manufacturer of all inks, dyes, or pigments used;

(5) Jewelry used, including size, material composition, and manufacturer; and

(6) Placement of the procedure.

In the event of the closing of the business, all records shall be made available to the board of health.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-05 Additional requirements for tattoo services.

In addition to the requirements of rule 3701-9-04 of the Administrative Code, the operator shall ensure that the business and all persons performing tattooing procedures shall comply with the following:

(A) Prior to a procedure, the area of the patron's body to be tattooed, shall be thoroughly cleaned with soap and water, then prepared with an antiseptic solution that is applied with a clean single use gauze square, cotton ball or square, cotton swab or other clean, absorbent, disposable material.

(B) All products applied to the skin, including but not limited to stencils, shall be single use and disposable. Stencils shall be dispensed and applied on the area to be tattooed with a clean paper towel or an applicator in a manner to prevent contamination of the original container and its contents. Petroleum-based products shall not be used in conjunction with latex gloves.

(C) Only commercially manufactured inks, dyes, or pigments that are intended for tattooing shall be used. Powdered dyes shall be liquified as recommended by the manufacturer. Unless approved by the manufacturer, ink, dye or pigment colors shall not be adulterated by the body artist. Single use containers of inks, dyes or pigments shall be used for each patron and the body artist shall discard the container and remaining dye or ink upon completion of procedure. If non-disposable containers are used, they shall be sterilized before reuse. The body artist performing the procedure shall remove excess dye, pigment or ink from the skin with single-use gauze squares, cotton balls or squares, cotton swabs, or other clean, absorbent, disposable material.

(D) The body artist shall wash the completed tattoo with a single use gauze square, cotton ball or square or cotton swab, saturated with an appropriate antiseptic solution approved by the board of health. The tattooed area shall be allowed to dry, after which the body artist shall apply a sterile, non-occlusive, single use dressing secured with non-allergenic tape to the site. Non-medical use paper products including, but not limited to, napkins and tape for dressing shall not be used.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-06 Additional requirements for body piercing services.

In addition to the requirements in rule 3701-9-04 of the Administrative Code, the operator shall ensure that the business and all persons performing body piercing services shall comply with the following provisions:

(A) Prior to a procedure, the area of the patron's body to be pierced shall be thoroughly cleaned with soap and water, then prepared with an antiseptic solution that is applied with a clean, absorbent disposable material. In the case of oral piercings, the patron shall be provided with alcohol-free, antiseptic mouthwash in a single use cup and shall ensure that the patron utilizes the mouthwash provided to thoroughly rinse the affected area. In the case of a lip, labret, or cheek piercing, procedures described in this paragraph for both skin and oral piercings shall be followed.

(B) Only sterilized jewelry made of ASTM F136 compliant titanium or ASTM F138 compliant steel, solid fourteen karat or eighteen karat white or yellow gold, niobium, or platinum, shall be placed in a new piercing. Mill certificates for jewelry shall be maintained at the body art establishment.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-07 Ear piercing gun standards.

In addition to the requirements in paragraphs (M) and (N) of rule 3701-9-04 of the Administrative Code, the operator shall ensure that the business and all persons performing ear piercing services with a piercing gun comply with the following:

(A) Individuals providing ear piercing services with an ear piercing gun shall be trained in accordance with the manufacturer's specifications to properly use, clean, disinfect sterilize and store the ear piercing gun, in accordance with the rules of this chapter.

(B) The individual performing the procedure shall wear a clean, new pair of gloves for each piercing performed.

(1) If the piercing gun, other than that described in paragraph (C)(2) of this rule, utilizes disposable, single-use, sterilized studs to pierce the ear, after each use of the gun, the piercing gun shall be placed in an ultrasonic cleaner or scrubbed with an antibacterial detergent and brush to remove any foreign matter; or

(2) If the piercing gun is designed so that all parts of the gun that touch the patron's skin are disposable, such parts shall be removed from the gun and disposed of in an appropriate receptacle; and

(3) Following initial cleaning procedures appropriate for the type of ear piercing gun used, as described in paragraphs (C)(1) and (C)(2) of this rule, the ear piercing gun shall be thoroughly wiped down with an appropriate disinfectant in accordance with directions for use from the manufacturer of the disinfectant; and

(4) In the case of a visible exposure of the gun to blood, the individual performing the service shall immediately:

(a) Place the gun in a rigid, tightly closed container, before returning the gun to the manufacturer, in accordance with instructions provided by the manufacturer; or

(b) Sterilize the gun in accordance with rule 3701-9-08 of the Administrative Code; or

(D) The ear piercing gun shall be stored in a covered container or cabinet when not in use.

(E) Prior to performing an ear piercing procedure with an ear piercing gun, the individual offering the service shall inform all patrons requesting such services of the frequency and method utilized to disinfect and sterilize all equipment used in the ear piercing procedure and the extent to which the methods used destroy disease-producing microorganisms.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Ohio Adm.Code 3701-9-08

The operator shall ensure that the business and all body artists comply with the following:

(A) All non-disposable instruments or equipment used for body art procedures shall be thoroughly cleaned and sterilized after each use on any patron in the following manner:

(1) Soaked in an enzymatic pre-cleaner to remove all gross debris;

(2) Rinsed and patted dry;

(3) Disassembled or placed in the open position, if hinged;

(4) Visually inspected to verify that they are clean and to identify any damage including, but not limited to, bends, cracks or pits, that would impair the sterilization process;

(5) Thoroughly cleaned in tepid water and an appropriate detergent capable of breaking down blood, ink, dyes, pigments and other contaminants;

(6) Fully submerged in a disinfectant to ensure contact with all surfaces for the amount of time specified in the manufacturer's instructions;

(7) Rinsed and patted dry;

(8) Placed in an ultrasonic cleaning unit filled with an appropriate solution specified in the manufacturer's instructions.

(9) Rinsed and air dried;

(10) Individually packed in sterilization pouches. Each pouch or its indicator shall be labeled with the date of processing;

(11) Sterilized in a steam sterilizer.

All ultrasonic cleaning units, and steam sterilizers shall be used, cleaned and maintained in accordance with the manufacturer's current instructions. The sterilizer shall be maintained in proper working condition and records of any maintenance performed shall be kept for at least two years.

Alternate sterilizing procedures may be used when specifically approved by the board of health.

(B) Monitoring the function of all sterilizers in accordance with the following:

(1) Sterilization pouches that have a process indicator which changes color upon proper steam sterilization;

(2) A sterilization integrator placed in each load or a digital printout from the sterilizer of each load in accordance with the manufacturer's recommendations, indicating that minimum conditions existed; and

(3) A biological indicator test that is taken and submitted to a lab for analysis on a weekly basis.

(C) Documentation that the sterilization indicators, integrators and biological indicator tests were performed shall be maintained and shall include, but is not limited to:

(1) Date and time the sterilizer load was run or the biological test was performed;

(2) The name of the person who ran the sterilization load or performed the test;

(3) Results of the sterilization integrator or digital printout; and

(4) A copy of the report that a biological indicator test was conducted by an independent laboratory.

All documentation records shall be maintained and readily available for each test performed for at least two years. This documentation may also be kept in each patron's file for all needles and instruments used on that patron.

(D) As of the effective date of this rule, all steam sterilizers in new body art establishments or replacement steam sterilizers in existing body art establishments, shall be designed to sterilize hollow instruments and shall be equipped with a mechanical drying cycle.

(E) When any wetness or moisture remains on or within the sterilization pouch, or if the sterilizer has malfunctioned, the instruments or equipment shall be considered contaminated and shall be re-packaged and re-sterilized in a functioning sterilizer prior to use.

(F) When the process indicator in the pouches and sterilization integrators or digital printout demonstrate that sterilization has been achieved, the sterilized instruments and equipment shall remain in the pouches and be placed into inventory until use.

(G) When the process indicator in the pouches and/or the sterilization integrator or digital printout demonstrate that sterilization has not been achieved, the sterilizer shall not be used until it is examined to determine the malfunction and repaired or replaced.

(H) After sterilization, all equipment and instruments used for body art shall remain in the sterilization pouch, handled with newly gloved hands and stored in a clean, dry, closed cabinet, drawer, or other container reserved for such instruments or equipment. Sterilized instruments or equipment shall not be used until reprocessed if the integrity of the pouch has been compromised, is wet or stained, or is otherwise contaminated.

(I) The expiration date for sterilized equipment or instruments is one year from the date of sterilization unless the integrity of the sterilization pouch is compromised.

History

Effective: September 1, 2014
Promulgated Under: 119.03

Chapter 3701-10 Breast and Cervical Cancer Project Cost Sharing

Ohio Adm.Code 3701-10-01 Breast and cervical cancer project cost sharing.

Women covered by health insurance must meet all applicable eligibility requirements outlined in section 3701.144 of the Revised Code.

(A) Any woman eligible for BCCP services who is covered by health insurance that imposes cost sharing, as defined in section 3923.85 of the Revised Code, of more than zero dollars for services covered by the BCCP program will be eligible for services.

(B) The BCCP-eligible woman is to provide documentation of cost sharing which may include the following:

(1) An active insurance card specifying cost sharing limits such as copayments

(2) Documentation regarding health benefits specifying cost sharing which exceeds the amount set forth in paragraph (A) of this rule.

(C) The BCCP-eligible women is to receive services scheduled by the regional enrollment agency through a provider who meets the following requirements:

(1) The provider is enrolled in Ohio BCCP as a BCCP provider: and

(2) The provider will accept reimbursement from her health insurance plan, if a provider is available within twenty miles of her residence. If no providers are available within twenty miles, the woman will be scheduled with the closest available BCCP provider.

(D) Once the provider receives reimbursement or an explanation of benefits indicating that a portion or all of the claim will not be paid due to cost sharing, the provider may bill BCCP for the balance, up to the medicare allowable amount. Total reimbursement to the provider may not exceed the medicare allowable rate. Claims will be paid to providers according to the following guidelines:

(1) The woman's insurance plan will be billed for services before BCCP is billed.

(2) The provider or the woman will provide an explanation of benefits from the woman's insurance plan to the regional enrollment agency which documents the amount paid by the woman's health insurance plan.

(3) The provider may bill BCCP for an amount up to the difference between the amount paid by the woman's insurance plan and the medicare allowed rate.

(4) The provider bill will be reviewed by the regional enrollment agency and paid in accordance with the customary process for BCCP medical claims.

Last updated June 26, 2025 at 7:30 AM

History

Effective: June 26, 2025
Promulgated Under: 119.03

Chapter 3701-12 Certificate of Need

Ohio Adm.Code 3701-12-01 Definitions.

As used in Chapter 3701-12 of the Administrative Code:

(A) "Actual harm, but not immediate jeopardy deficiency" means a deficiency that, under 42 C.F.R. 488.404 (2011), either constitutes a pattern of deficiencies resulting in actual harm that is not immediate jeopardy or represents widespread deficiencies resulting in actual harm that is not immediate jeopardy.

(B) In division (M) of section 3702.51 of the Revised Code, "affected person" means:

(1) An applicant for a certificate of need, including an applicant whose application was reviewed comparatively with the application in question;

(2) The person that requested the reviewability ruling in question;

(3) Any person that resides or regularly uses long-term care facilities within the service area served or to be served by the long-term care services that would be provided under the certificate of need or reviewability ruling in question;

(4) Any long-term care facility that is located in the service area where the long-term care services would be provided under the certificate of need or reviewability ruling in question;

(5) The person that requested the reviewability ruling in question; or

(6) Third-party payers that reimburse long-term care facilities for services in the service area where the long-term care services would be provided under the certificate of need or reviewability ruling in question.

(C) "Affiliated person" means a corporation, business trust, estate, firm, partnership, association, joint stock company, insurance company, limited liability company, government unit, or other entity that:

(1) Has an ownership or beneficial ownership interest, either direct or indirect, of five per cent or more of the voting stock of the holder of a certificate of need;

(2) Participates as a general, junior, or limited partner in a partnership with the holder of a certificate of need;

(3) Shares a common officer, director, member, trustee, or partner with the holder of a certificate of need;

(4) Shares twenty-five per cent or more of its employees with the holder of a certificate of need;

(5) Loans twenty-five per cent or more of the total capital needed to implement the activity, either directly or through a loan guarantee or similar arrangement, to the holder of a certificate of need;

(6) Locates the site or allows the location of the site of the activity on its campus or on its property; or

(7) Enters an agreement with the holder of a certificate of need to use its name as part of the name of the health care facility or service:

(a) As part of the implementation of the activity; or

(b) In advertising or promotional material that holds the facility or service out as being operated or offered by it or on behalf of it.

(D) "Applicant" means any person that submits an application for a certificate of need or reviewability determination request and who is designated in the application as the applicant.

(E) "Bed capacity" means the total number of long-term care beds authorized at a long-term care facility.

(F) "Certificate of need" means a written approval granted by the director to an applicant to authorize conducting a reviewable activity.

(G) "County nursing home" has the same meaning as in section 5155.31 of the Revised Code.

(H) "Director" means the director of health or an authorized designee of the director.

(I) "Existing long-term care facility" means either of the following:

(1) A long-term care facility that is licensed or otherwise authorized to operate in this state in accordance with applicable law, including a county home or a county nursing home that is certified under Title XVIII or Title XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended (1981), that is staffed and equipped to provide long-term care services, and is actively providing long-term care services; or

(2) A long-term care facility that is licensed or otherwise authorized to operate in this state in accordance with applicable law, including a county home or a county nursing home that is certified under Title XVIII or Title XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended (1981), or that has beds reported in an application submitted under section 3722.03 of the Revised Code as skilled nursing beds or long-term care beds and has provided long-term care services for at least three hundred sixty-five consecutive days within the twenty-four months immediately preceding the date a certificate of need application is filed with the director of health.

(J) "Existing bed" or "existing long-term care bed" means a bed from an existing long-term care facility, a bed described in paragraph (O)(5) of this rule, or a bed correctly reported as a long-term care bed pursuant to section 5155.38 of the Revised Code.

(K) "Facility" means long-term care facility as defined in paragraph (P) of this rule.

(L) "Government unit" means the state of Ohio and any county, municipal corporation, township, or other political subdivision of the state, or any department, division, board, or other agency of any of the foregoing.

(M) "Health maintenance organization" or "HMO" means a public or private organization organized under the law of any state that is qualified under section 1310(d) of Title XIII of the "Public Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. section 300e-9 (1976).

(N) "Immediate jeopardy deficiency" means a deficiency that, under 42 C.F.R. 488.404 (2011), either constitutes a pattern of deficiencies resulting in immediate jeopardy to resident health or safety or represents widespread deficiencies resulting in immediate jeopardy to resident health or safety.

(O) "Long-term care bed" or "bed" means a bed that is categorized as one of the following:

(1) A bed that is located in a facility or portion of a facility that is licensed as a nursing home under section 3721.02 of the Revised Code or a facility or portion of a facility licensed by a political subdivision certified under section 3721.09 of the Revised Code;

(2) A bed that is located in the portion of any facility, including a county home or county nursing home, that is certified as a skilled nursing facility under the medicare program or a nursing facility under the medicaid program and is included in the authorized maximum certified capacity of that portion of the facility;

(3) A bed that is reported in an application submitted under section 3722.03 of the Revised Code as a skilled nursing bed, or a long-term care bed;

(4) A bed in a county home or county nursing home that has been certified under section 5155.38 of the Revised Code as having been in operation on July 1, 1993, and is eligible for licensure as a nursing home bed; or

(5) A bed held as an approved bed under a certificate of need approved by the director.

(P) "Long-term care facility" means any of the following:

(1) A facility or portion of any facility that is licensed as a nursing home under section 3721.02 of the Revised Code or by a political subdivision certified under section 3721.09 of the Revised Code;

(2) The portion of any facility, including a county home or a county nursing home, that is certified as a skilled nursing facility or a nursing facility under Title XVIII or XIX of the Social Security Act; or

(3) The portion of any hospital that contains beds reported in an application submitted under section 3722.03 of the Revised Code as skilled nursing beds.

(Q) "New long-term care facility" means any proposed long-term care facility defined in paragraph (P) of this rule that is not an existing long-term care facility as defined in paragraph (I) of this rule.

(R) "Person" means any individual, corporation, business trust, estate, firm, partnership, association, joint stock company, limited liability company, insurance company, government unit or other entity.

(S) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state of Ohio.

(T) "Political subdivision" means a municipal corporation, township, county, school district, and all other bodies corporate and politic responsible for governmental activities only in the geographic areas smaller than that of the state to which the sovereign immunity of the state attaches.

(U) "Primary service area" the geographic region, usually comprised of the Ohio zip code in which the long-term care facility is located and contiguous zip codes, from which approximately seventy-five to eighty per cent of the facility's residents currently originate or are expected to originate.

(V) "Principal participant" means both of the following:

(1) A person who has an ownership or controlling interest of at least five per cent in an applicant, in a long-term care facility that is the subject of an application for a certificate of need, or in the owner or operator of the applicant or such a facility; or

(2) An officer, director, trustee, or general partner of an applicant, of a long-term care facility that is the subject of an application for a certificate of need, or of the owner or operator of the applicant or such a facility.

(W) "Related person" means an affiliated person or an individual who, by virtue of blood or adoption, is the spouse, father, mother, sister, brother, half-sister, half-brother, grandmother, grandfather, or first cousin of the holder of a certificate of need.

(X) "Review" means the process by which the director of health examines a certificate of need application to determine whether a certificate of need for the activity will be granted.

(Y) "Reviewability ruling" means a ruling issued by the director of health under division (A) of section 3702.52 of the Revised Code as to whether a particular proposed project is or is not a reviewable activity.

(Z) "Secondary service area" means the geographic region, usually comprised of Ohio zip codes not included in the primary service area, excluding isolated exceptions, from which the facility's remaining residents currently originate or are expected to originate.

(AA) "Service area" means the current and projected primary and secondary service areas to which the long-term care facility is, or will be, providing long-term care services.

(BB) "State agency" means the director.

(CC) "Third-party payer" means a health insuring corporation licensed under Chapter 1751. of the Revised Code, a health maintenance organization as defined in division (I) of section 3702.51 of the Revised Code, an insurance company that issues sickness and accident insurance in conformity with Chapter 3923. of the Revised Code, a state-financed health insurance program under Chapter 3701., 4123., or 5111. of the Revised Code, or any self-insurance plan.

(DD) "To offer" means, with respect to a long-term care service, that a long-term care facility holds itself out as capable of providing, or as having the means for the provision of, a specified long-term care service. Referral to another provider of health services does not constitute offering of the health service.

(EE) "Ultimate controlling interest" means a person who holds a majority of the voting power within a corporation, business trust, firm, partnership, association, joint stock company, limited liability company, or insurance company, and is the applicant for a certificate of need.

Last updated September 22, 2025 at 7:40 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-04 Reviewability determinations; appeals.

(A) The director will issue a ruling on whether a particular proposed project is a reviewable activity (reviewability determination). The director may request additional information necessary to determine whether the activity is a reviewable activity as described in rule 3701-12-05 of the Administrative Code. Requests for an expedited reviewability determination will expressly state that an expedited reviewability determination is requested. If a request for a reviewability determination does not expressly state that an expedited reviewability determination is being requested, the director will consider the request to be for a standard reviewability determination.

(B) The director will issue a ruling within the specified timeframes as follows:

(1) For a standard reviewability determination, the ruling will be issued not later than forty-five days after receiving a request for the ruling that is accompanied by all of the information necessary to make the ruling; or

(2) For an expedited reviewability determination, the ruling will be issued not later than thirty days after receiving a request for the ruling that is accompanied by all of the information necessary to make the ruling.

(C) If the director does not issue a ruling within the time frames specified in paragraphs (B)(1) and (B)(2) of this rule, the project will be considered to have been ruled not a reviewable activity.

(D) The date that the director signs the ruling will be the date of issuance of the ruling.

(E) The person that requested the reviewability ruling may appeal the ruling to the director in accordance with Chapter 119. of the Revised Code. The person who appeals to the director is obligated to file with the director, not later than thirty days after the decision of the director is mailed, a notice of appeal that designates the decision, ruling, or determination the person is appealing. The director will conduct an adjudication hearing in accordance with Chapter 119. of the Revised Code.

Last updated September 22, 2025 at 7:40 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-05

(A) The following activities are reviewable activities which will not be conducted without a valid certificate of need.

(1) The establishment, development, or construction of a new long-term care facility.

(2) The replacement of an existing long-term care facility.

(3) The renovation of or addition to a long-term care facility that involves a capital expenditure of four million dollars or more, not including expenditures for equipment, staffing, or operational costs.

(4) Either of the following:

(a) An increase in long-term care bed capacity; or

(b) A relocation of long-term care beds from one physical facility or site to another, excluding the relocation of long-term care beds within a long-term care facility or among buildings of a long-term care facility at the same site.

(5) Any failure to conduct a reviewable activity in substantial accordance with the approved application for which a certificate of need was granted, including a change in the site, if the failure occurs during the period from the approval of the application until five years after implementation of the reviewable activity for which the certificate was granted.

(B) A project or the portion of a project that meets the needs of this paragraph is not reviewable. The following activities are not subject to review under paragraph (A) of this rule:

(1) Acquisition of computer hardware or software;

(2) Acquisition of a telephone system;

(3) Construction or acquisition of parking facilities;

(4) Correction of cited deficiencies that are in violation of federal, state or local fire, building or safety laws, ordinances, rules, or regulations and that constitute an imminent threat to public health or safety;

(5) Acquisition of an existing long-term care facility that does not involve a change in the number of beds;

(6) Mergers, consolidations or other corporate reorganizations of long-term care facilities that do not involve a change in the number of beds;

(7) Construction, repair or renovation of bathroom facilities;

(8) Construction of laundry facilities, waste disposal facilities, dietary department projects, heating and air conditioning projects, administrative offices and portions of medical office buildings used exclusively for physician services; and

(9) Removal of asbestos from a long-term care facility.

Last updated September 22, 2025 at 7:40 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-08 Certificate of need application and completeness process; public notice; certificate of need review; certificate of need expedited review; and decision process; appeals.

(A) Except for applications for certificate of need under section 3702.593 of the Revised Code, any application to conduct a reviewable activity as defined in rule 3701-12-05 of the Administrative Code, will be subject to this rule.

(B) Applications for certificate of need that propose an increase in beds that is attributable to a relocation of existing beds from a long-term care facility as defined in division (A) of section 3702.594 of the Revised Code to another long-term care facility located within a county that is contiguous to the county from which the beds are to be relocated may be submitted at any time and are obligated to meet the needs set forth in paragraph (B) of rule 3701-12-23 of the Administrative Code.

(C) Applications for certificate of need that propose the conversion of infirmary beds to long-term care beds may be submitted at any time and are obligated to meet the needs set forth in division (C) of section 3702.59 of the Revised Code.

(D) Each applicant will submit an original of the application form and necessary attachments in a manner prescribed by the director and will include, but not be limited to, the following:

(1) Name of the proposed or existing long-term care facility;

(2) Operator of the proposed or existing long-term care facility;

(3) A timetable for implementing the project;

(4) Identification of a specific site for the project designated by a street address or, if there is no street address, a plot or parcel number;

(5) A designated authorized representative who are obligated to sign an affidavit that, to the best of his or her knowledge, the information in the application and any accompanying material is true and accurate; and

(6) In the case of an application for expedited review, a letter expressly stating that the applicant requests an expedited review of the certificate of need application.

(E) The application will be accompanied by a nonrefundable fee in the form of a check or a postal money order, payable to the treasurer state of Ohio, in the following amount:

(1) For a project not involving a capital expenditure, five thousand dollars; or

(2) For a project involving a capital expenditure, the greater of five thousand dollars or one point five per cent of the capital expenditure proposed, with a maximum fee of twenty thousand dollars; and

(3) For each application for which an expedited review is requested in accordance with paragraph (D)(6) of this rule, an additional fee of one thousand dollars.

(F) Upon acceptance of an application and the appropriate fee, the director will review the application for completeness of information. The director will consider an application complete when the applicant:

(1) Furnishes the information specified in paragraph (D) of this rule and information needed on the application form;

(2) Pays the fee specified in paragraph (E) of this rule; and

(3) If needed, adequately and completely responds to the director's requests for additional information.

(G) If an application is not accepted, the director will not review it, and will return the fee specified in paragraph (E) of this rule, minus a one hundred dollar application processing fee.

(H) To determine completeness, the director may request additional information from the applicant but will not request any information that is not necessary to review the application in relation to the criteria established by this chapter, as the chapter is in effect at the time the request is made.

(1) The director may make two requests for the additional information needed to complete an application under this paragraph.

(2) The applicant will have the following timeframes to respond to a request for additional information:

(a) For an application under standard review, thirty days from the date of the letter; or

(b) For an application for which an expedited review was requested in accordance with paragraph (D)(6) of this rule, fourteen days from the date of the letter.

(3) The director will deem an application incomplete if the applicant does not timely respond to the director's request for additional information or if the director does not receive the information necessary to complete the application within the appropriate time frame specified in this rule.

(4) When responding to requests for additional information, applicants are obligated to submit responses in the manner prescribed by the director.

(I) If a revision to an application is filed in accordance with rule 3701-12-12 of the Administrative Code, the director may make an additional request within thirty days of receipt of the revised application for information even if two requests have already been made. The applicant will have thirty days to respond to a request for additional information after the filing of a revised application.

(J) The director will determine completeness of a certificate of need application as follows:

(1) For an application under standard review:

(a) No later than thirty days after the director receives the application and the appropriate fee or thirty days after the director receives additional information submitted in response to the first request, the director will mail to the applicant by certified mail either a notice of completeness or a second request for additional information.

(b) No later than thirty days after the director receives additional information submitted in response to the second request, the director will mail to the applicant by certified mail a notice of completeness or deem the application incomplete.

(2) For an application under expedited review:

(a) No later than fourteen days after the director receives the application and the appropriate fee or fourteen days after the director receives additional information submitted in response to the first request, the director will mail to the applicant by certified mail either a notice of completeness or a second request for additional information.

(b) No later than fourteen days after the director receives additional information submitted in response to the second request, the director will mail to the applicant by certified mail, a notice of completeness or will deem the application incomplete.

(3) In the case of a revised application, if a third request for additional information is made after the revised application is filed, no later than thirty days after the director receives additional information submitted in response to the third request, the director will mail to the applicant by certified mail notice of completeness or will deem the application incomplete.

(K) Except as necessary to comply with a subpoena issued under division (F) of section 3702.52 of the Revised Code, after a notice of completeness has been received, no person may make revisions to information that was submitted to the director before the director mailed the notice of completeness or knowingly discuss in person, by telephone, or electronically the merits of the application with the director. A person may supplement an application after a notice of completeness has been received by submitting clarifying information to the director.

(L) The director may deny an application for any false statement knowingly made in the application or in supplemental information submitted pursuant to this rule.

(M) If the director deems an application incomplete as authorized by this rule, the director will notify the applicant by certified mail, not process the application, and keep the fee specified in paragraph (E) this rule. The director's act of deeming an application incomplete and any of the other actions specified in this paragraph will not be subject to appeal.

(N) The director will review applications for certificates of need which have been declared complete to determine whether a certificate should be granted.

(O) As provided in division (C)(5) of section 3702.52 of the Revised Code, the director or the applicant may extend the review period once, for no longer than thirty days, by written notice within thirty days after the mailing of the notice of completeness.

(P) After the date of mailing of a notice of completeness under paragraph (J) of this rule, except as provided in division (C)(5) of section 3702.52 of the Revised Code, the director will grant or deny all completed applications for certificate of need no later than the following:

(1) Sixty days for an application under standard review; or

(2) Forty-five days for an application under expedited review.

(Q) The director may grant a certificate of need for all or part of a project that is the subject of the application and may grant the certificate with conditions that will be met by the holder of the certificate.

(R) If the director does not grant or deny the certificate of need on or before the applicable deadline specified in paragraph (P) of this rule, the certificate will be considered granted.

(S) The director will mail a notice of the decision on an application for a certificate of need to the applicant by certified mail and to other persons by electronic or ordinary mail upon request. The notice will include a statement of the reasons for the decision, citations of the applicable provisions of the Revised Code and Administrative Code, and a description of the right to appeal the decision, in accordance with sections 3702.60 and 119.07 of the Revised Code.

(T) The applicant may appeal to the director a decision to grant or deny a certificate of need application in accordance with Chapter 119. of the Revised Code. The director is obligated to conduct an adjudication hearing in accordance with Chapter 119. of the Revised Code.

(1) The applicant also is obligated to file a notice with the director not later than thirty days after the date the director mailed the order; and

(2) The applicant that appeals the director's decision to grant or deny a certificate of need application is obligated to prove by a preponderance of the evidence that the director's decision was not in accordance with sections 3702.52 to 3702.62 of the Revised Code or Chapter 3701-12 of the Administrative Code.

(U) The applicant that was party to and participated in an adjudication hearing as authorized by division (A) of section 3702.60 of the Revised Code and paragraph (T) of this rule may appeal to the tenth district court of appeals the decision issued by the director following the adjudication hearing. Each person who appeals to the tenth district court of appeals will file with the court, not later than thirty days after the director's adjudication order is mailed; a notice of appeal that designates the order the person is appealing. The appellant also is obligated to file notice with the director not later than thirty days after the date the director mailed the order.

Last updated September 22, 2025 at 7:41 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-23

(A) Except as otherwise specifically provided in this rule or in another rule of this chapter, the director will apply all of the criteria prescribed by this rule when reviewing an application for a certificate of need that relates to an existing or proposed long-term care facility, including an application for:

(1) The establishment, development, or construction of a new long-term care facility;

(2) The replacement of an existing long-term care facility.

(4) An increase in long-term care bed capacity;

(5) A relocation of long-term care beds from one physical facility or site to another, excluding relocation of beds within a long-term care facility or among buildings of a long-term care facility at the same site.

(B) Contiguous county relocations. Applications for certificate of need that propose an increase in beds that is attributable to a relocation of existing beds from an existing long-term care facility as defined in division (A) of section 3702.594 of the Revised Code to another existing long-term care facility located within a county that is contiguous to the county from which the beds are to be relocated that meet all of the following conditions may be submitted at any time:

(1) Not more than a total of thirty long-term care facility beds are proposed for relocation to the same existing long-term care facility regardless of the number of applications filed. Once the cumulative total of beds relocated under section 3702.594 of the Revised Code to a long-term care facility reaches thirty, no further applications under this paragraph will be accepted until a period of five years has elapsed since the implementation of the most recent reviewable activity implemented under section 3702.594 of the Revised Code has expired; and

(2) After the proposed relocation, there will be existing nursing home long-term care facility beds remaining in the county from which the beds are relocated.

(C) The director will not grant a certificate of need under this rule unless the application contains documentation that the project will comply with the following needs as applicable:

(1) For homes that need to be licensed under Chapter 3721. of the Revised Code, the stipulations for licensure are under Chapter 3721. of the Revised Code and Chapter 3701-17 of the Administrative Code;

(2) For hospital long-term care beds, beds in county homes as defined in section 5155.31 of the Revised Code that are long-term care facilities as defined in this chapter, and long-term care beds in a long-term care facility, the stipulations for certification as a nursing facility or skilled nursing facility are under Title XVIII or XIX of the Social Security Act. 49 Stat. 620 (1935), 42 U.S.C. 301, as amended (1981).

(D) The director will consider the long-term care bed capacity of proposed projects for the establishment, construction, or development of new long-term care facilities, including replacement facilities. The director may consider the following criteria:

(1) Whether the proposed facility's size is essential to serve a special health care need that otherwise will not be served, or will serve a special health care need in accordance with current, evidence-based standards of care;

(2) Whether the proposed facility is the only feasible alternative for cost-effective correction of physical plant deficiencies; or

(3) Whether the proposed facility is part of a continuing care retirement or life care community and the application demonstrates the following:

(a) The applicant will be contractually obligated to provide long-term care to current residents of the continuing care retirement or life care community; and

(b) The continuing care retirement or life care community currently provides and will continue to provide preference in admission to contractual residents of the community.

(E) In reviewing a certificate of need application under this rule, the director may examine and consider, in accordance with this paragraph, any state or federal records relating to the licensure under Chapter 3721. of the Revised Code or, if applicable, the participation as a provider under Title XVIII or XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended (1981), of any long-term care facilities owned, operated, or managed by the applicant, the owner or the operator of the long-term care facility to which the application relates, or by any principal participant, as defined in paragraph (V) of rule 3701-12-01 of the Administrative Code, in an entity which is or will be the applicant, owner, or operator. The application will contain a list of all relevant long-term care facilities with dates of ownership, operation, or management. The director also may consider records pertaining to ownership or operation by these persons of long-term care facilities in other states.

(1) The director is obligated to deny the certificate of need if the provisions of division (B) of section 3702.59 of the Revised Code apply to an application for the addition of long-term care beds to an existing long-term care facility or an application for the development of a new long-term care facility.

(2) The director also may deny the certificate of need if the applicant, owner, operator, or any principal participant has been the subject of a final determination of medicare or medicaid fraud or abuse.

(F) Comparative review applications. In determining which applications should receive preference in a comparative review process, the director will consider, in conjunction with all other applicable criteria prescribed by this chapter, all of the following as weighted priorities. Applications that meet all applicable criteria for certificate of need approval and that receive the most points under this paragraph will be given preference. When applications that meet all applicable criteria for certificate of need approval and that are under a comparative review process for the same county receive an equal number of points under this paragraph, the director will give preference to the application that demonstrates the greatest need for the reviewable activity. The director may approve all or part of a proposed activity.

(1) Whether the project, as described in the application, is or will be part of a continuing care retirement community (CCRC) that complies with paragraph (D)(3) of this rule upon completion of the reviewable activity. This criterion is weighted with four points for a CCRC with at least a four to one ratio of alternative beds to long-term care beds, three points with at least a three to one ratio, two points with at least a two to one ratio and one point with at least a one to one ratio. No points will be given if the ratio is less than one to one.

(a) The alternative beds will be available to the residents and potential residents of the long-term care facility.

(b) Appropriate agreements will exist between the long-term care facility and the alternative facility for transfer of residents.

(c) The applicant will certify that the capital expenditure for the proposed alternative facility will be obligated, within the meaning of paragraph (A)(1)(b) of rule 3701-12-18 of the Administrative Code, at the same time as the capital expenditure for the portion of the project involving the long-term care facility.

(d) The applicant will certify that no application will be filed by any person for a certificate of need for replacement of the alternative beds with long-term care beds for at least two years after the proposed alternative beds are occupied by residents.

(e) The application will contain a certification that if for any reason the alternatives to inpatient long-term care cannot be developed or provided, development of the portion of the project involving the long-term care facility will be discontinued and the director will be notified immediately.

(f) The application will contain documentation of how the long-term care facility and the alternative beds proposed will be integrated into the existing and projected community system for caring for elderly and individuals with disabilities. This documentation shall include at least:

(i) A thorough inventory of existing and projected alternative beds to inpatient long-term care within the county;

(ii) A description of the planning process leading to selection of the alternative beds proposed in the application, including discussions with appropriate community groups such as local aging agencies regarding the community's needs for alternative services; and

(iii) An analysis of the need in the community for the proposed alternative beds, taking into account the needs of the target population, the existing and projected alternative services and beds in the community, the ability of the target population to assume the cost for an alternative bed, and the expected effect of the alternative beds on utilization of long-term care facilities. The application also will contain a demonstration of the economic viability of the proposed alternative beds.

(2) Whether the beds will serve a medically underserved population such as low-income individuals, individuals with disabilities, or individuals who are members of racial or ethnic minority groups.

(a) If the project in which the beds will be included will serve low-income individuals or individuals who are members of racial or ethnic minority groups, this criterion is weighted with one point for each medically underserved population to be served by the project that is documented as being greater than or equal to twenty-five per cent of the population of the defined service area.

(b) If the project in which the beds will be included will primarily serve individuals with special health care needs such as traumatic or acquired brain injury, cerebral palsy, spinal cord injury or disability, multiple sclerosis, acquired immune deficiency syndrome or other similar conditions. This criterion is weighted three points.

(3) Whether the project in which the beds will be included will provide alternatives to institutional care, such as adult day-care, home health care, respite or hospice care, mobile meals, residential care, independent living, or congregate living services. This criterion is weighted with two points.

(4) Whether the long-term care facility's owner or operator will participate in medicaid waiver programs for alternatives to institutional care. This criterion is weighted with two points.

(5) Whether the project in which the beds will be included will reduce alternatives to institutional care by converting residential care beds or other alternative care beds to long-term care beds. This criterion is weighted with negative two points.

(6) Whether the long-term care facility in which the beds will be placed has positive resident and family satisfaction surveys. This criterion is weighted with one point.

(7) Whether the long-term care facility in which the beds will be placed has fewer than fifty long-term care beds. This criterion is weighted with one point.

(8) Whether the long-term care facility in which the beds will be placed is located within the service area of a hospital and is or will be designed to accept patients for rehabilitation after an in-patient hospital stay. This criterion is weighted with two points.

(9) Whether the long-term care facility in which the beds will be placed is or proposes to become a nurse aide training and testing site. This criterion is weighted with one point.

(10) The rating, under the centers for medicare and medicaid services' five star nursing home quality rating system, of the long-term care facility in which the beds will be placed. This criterion is weighted with one point for a four star rating and two points for a five star rating at the time the application is declared complete.

(G) Applications submitted under section 3702.593 of the Revised Code. The director will also take into consideration the following:

(1) The number of beds approved for a receiving county will only include beds available for relocation from another county and will not exceed the determined bed need for the receiving county.

(2) The number of beds remaining in a county after relocation will exceed the county's bed need by at least fifty beds.

(3) If the bed need formula in paragraph (J) projects a bed need for a county with an average annual occupancy rate of less than eight-five per cent, the director will review applications without regard to the occupancy rate if all of the following are met:

(a) The county to which the beds are being relocated has at least sixty fewer long-term care beds than the county's bed need;

(b) The application is for the approval of beds in a new long-term care facility or for an increase in beds of an existing long-term care facility and the beds are proposed to be licensed as nursing home beds under Chapter 3721. of the Revised Code;

(c) The additional beds will be in category one private rooms, as that term is defined in section 5165.158 of the Revised Code.

(4) Even if a county is determined not to need additional long-term care beds, the director may approve an increase in beds equal to up to ten per cent of the county's bed supply if the county's occupancy rate is greater than ninety per cent.

(5) The existence of demonstrably effective community resources serving persons age sixty-five or older or disabled that provide alternatives to long-term care facility placement.

(H) When a certificate of need application is approved during the two year review process, upon completion of the project for which the certificate of need was granted a number of beds equal to the number of beds relocated will cease to be operated in the long-term care facility from which the beds were relocated, except that the beds may continue to be operated for not more than fifteen days to allow relocation of residents to the facility to which the beds have been relocated. Effective fifteen days after the beds are relocated:

(1) If the relocated beds are in a home licensed under Chapter 3721. of the Revised Code, the facility's license will be automatically reduced by the number of beds relocated;

(2) If the beds are in a facility that is certified as a skilled nursing facility or nursing facility under Title XVII or XIX of the "Social Security Act," the certificate will be surrendered; or

(3) If the beds are licensed under section 3722.03 of the Revised Code as long-term care beds, the director will remove those beds from the hospital's license.

(I) For applications that propose an increase in beds that is attributable to a replacement or relocation of existing beds from an existing long-term care facility within the same county, the director will authorize no additional beds beyond those being replaced or relocated.

(J) The director will utilize the following formula when determining the number of long-term care beds needed for each county for the review process prescribed in division (B) of section 3702.593 of the Revised Code:

(1) State bed need rate calculation:

Total statewide inpatient days total bed days available of these facilities = statewide long-term care bed occupancy rate

Statewide long-term care bed occupancy rate x total statewide long-term care bed supply = total statewide number of beds occupied

Total statewide number of beds occupied ninety per cent = total statewide number of beds needed

Total statewide number of beds needed projected statewide population aged sixty-five and older x one thousand = state bed need rate

For purposes of this rule:

Total statewide inpatient days means: the sum of inpatient days for all facilities identified by facility type as "Nursing Facility" that filed a medicaid cost report for the calendar year that is two years prior to the year in which a bed need is published.

Total bed days available of these facilities means: the sum of the long-term care bed capacity for each nursing facility that is multiplied by the number of calendar days in the reporting year. The reporting year for each facility will include only the number of calendar days that the facility was authorized to provide care and was providing services.

Total statewide long-term care bed supply means: utilize the most recent long-term care bed supply per county that is determined by the director. The long-term care bed supply per county will include all of the following:

(a) Licensed nursing home beds;

(b) Beds certified as nursing facility or skilled nursing facility under Title XVIII or XIX of the Social Security Act. 49 Stat. 620 (1935), 42 U.S.C. 301, as amended (1981);

(c) Beds in any portion of a hospital that are licensed under section 3722.03 of the Revised Code as skilled nursing beds, long-term care beds, or special skilled nursing beds;

(d) Beds in a county home or county nursing home as defined in section 5155.31 of the Revised Code that were timely and properly reported as long-term care beds pursuant to section 5155.38 of the Revised Code; and

(e) Beds held as "approved" beds under an approved certificate of need.

Projected statewide population aged sixty-five and over means: based on the Ohio department of development's projections for the year that is at least five years after the year in which a bed need is published for the two year review process.

(2) County bed need calculation;

Projected county population aged sixty-five and older one thousand x state bed need rate = number of beds needed for the county

Number of beds needed for the county - bed supply for the county = bed need or excess for the county

For purposes of this rule:

Projected county population aged sixty-five and older means: the projections for each county that were used in determining the projected statewide population aged sixty-five and over.

Bed supply for the county means: the bed supply for each county that was used in determining the total statewide long-term care bed supply.

(K) If the formula projects a bed need for a county with an average annual occupancy rate of less than eighty-five per cent, the director will find that there is no bed need.

(L) Not later than October 1, 2025 and every two years thereafter, the director will publish on the department of health's website the following:

(1) Each county with a bed need and the number of beds needed for the county; and

(2) Each county with a bed excess and the number of excess beds for the county.

Last updated September 22, 2025 at 7:43 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-12

(A) An applicant who has an application for a certificate of need pending with the director may revise the application to change the site of the proposed project unless either of the following applies:

(1) The director has mailed the applicant a notice of completeness under section 3702.52 of the Revised Code; or

(2) The application is subject to comparative review under section 3702.593 of the Revised Code.

(B) The only revision that may be made in the revised application is the site of the proposed project. The revised site of the proposed project has to be located in the same county as the site of the proposed project specified in the original application. The director may not accept a revised application if it includes revisions other than the site of the proposed project or if the revised site is located in a different county than the county in which the site specified in the original application is located.

(D) A revised application will be accompanied by an additional, non-refundable fee equal to twenty-five per cent of the fee charged for the initial application. The additional fee will be deposited into the certificate of need fund created under section 3702.52 of the Revised Code.

Last updated September 22, 2025 at 7:42 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-09 Certificate of need application and completeness process for applications filed under section 3702.593 of the Revised Code; comparative review; review and decision process; appeals.

(A) Applications for certificate of need filed under section 3702.593 of the Revised Code to conduct a reviewable activity as defined by rule 3701-12-05 of the Administrative Code will be subject to this rule.

(B) At the times specified in this rule, the director shall accept certificate of need applications for any of the following purposes if the proposed increase in beds is attributable solely to relocation of existing beds from an existing long-term care facility in a county with excess beds to a long-term care facility in a county in which there are fewer long-term care beds than the county's bed need:

(1) Approval of beds in a new long-term care facility or an increase of beds in an existing long-term care facility if the beds are proposed to be licensed as nursing home beds under Chapter 3721. of the Revised Code;

(2) Approval of beds in a new county home or new county nursing home, or an increase of beds in an existing county home or existing county nursing home if the beds are proposed to be certified as skilled nursing facility beds under the medicare program, Title XVIII of the Social Security Act, 49 Stat. 286 (1965), 42 U.S.C. 1395, as amended (1981), or nursing facility beds under the medicaid program, Title XIX of the Social Security Act, 49 Stat. 286 (1965), 42 U.S.C. 1396, as amended (1981); or

(3) An increase of hospital beds licensed pursuant to section 3722.33 of the Revised Code as long-term care beds.

(C) The review period shall begin January 1, 2026 and end December 31, 2028. Thereafter, the review period shall begin on January first of the year following the end of the previous review period and shall be every two years. Applications will be submitted January 1, 2026 through January 31, 2026 and every two years thereafter.

(D) Applications made under section 3702.593 of the Revised Code are subject to comparative review and the additional considerations set forth in paragraph (F) of rule 3701-12-23 of the Administrative Code if two or more applications are submitted during the same review period and any of the following apply:

(1) The applications propose to relocate beds from the same county and the number of beds for which certificates of need are being requested for relocation totals more than the number of beds available in the county from which the beds are to be relocated;

(2) The applications propose to relocate beds to the same county and the number of beds for which certificates of need are being requested for relocation totals more than the number of beds needed in the county to which the beds are to be relocated.

(E) To be considered timely, the director will need to receive an application January first through January thirty-first in the first year of a two year comparative process that includes the information that complies with paragraph (F) of this rule and is accompanied by the appropriate fee prescribed in paragraph (G) of this rule. If an application is not timely received, the director will not review it and will return the fee specified in paragraph (G) of this rule, minus a one hundred dollar application processing fee.

(F) Each applicant will submit an original of the application form and necessary attachments in a manner prescribed by the director and will include, but not be limited to, the following:

(1) Name of proposed or existing long-term care facility;

(2) Name of operator of proposed or existing long-term care facility;

(3) A timetable for implementing the project;

(4) Identification of a specific site for the project designated by a street address or, if there is no street address, a plot or parcel number; and

(5) A designated authorized representative who will sign an affidavit that, to the best of his or her knowledge, the information in the application and any accompanying material is true and accurate.

(G) The application will be accompanied by a nonrefundable fee in the form of a check or a postal money order, payable to the treasurer state of Ohio, in the following amount:

(1) For a project not involving a capital expenditure, five thousand dollars; or

(2) For a project involving a capital expenditure, the greater of five thousand dollars or one point five per cent of the capital expenditure proposed, with a maximum fee of twenty thousand dollars.

(H) Upon acceptance of an application and the appropriate fee, the director will review the application for completeness of information. The director will consider an application complete when the applicant:

(1) Furnishes the information specified in paragraph (F) of this rule and the information needed on the application form;

(2) Pays the fee specified in paragraph (G) of this rule; and

(3) If needed, adequately and completely responds to the director's requests for additional information.

(I) To determine completeness, the director may request additional information from the applicant but will not request any information that is not necessary to review the application in relation to the criteria established by this chapter, as the chapter is in effect at the time the request is made.

(1) The director may make two requests for the additional information needed to complete an application under this paragraph.

(2) The director will deem an application incomplete if the applicant does not timely respond to the director's request for additional information or if the director does not receive the information necessary to complete the application within the appropriate time frame specified in this rule.

(3) When responding to requests for additional information, applicants will submit responses in the manner prescribed by the director.

(4) The following deadlines apply:

(a) No later than March first of the same year in which the application is received, the director will mail to the applicant by certified mail a notice that additional information is not necessary or, by mail, a first request for additional information.

(b) No later than May first of the same year in which the application is received, the applicant will respond to the first request for additional information.

(c) If a first request for additional information is mailed, no later than June first of the same year in which the application is received, the director will mail to the applicant by certified mail notice that additional information is not necessary or, by mail, a second request for additional information, or deem the application incomplete.

(d) No later than August first of the same year in which the application is received, the applicant will respond to the second request for additional information.

(e) No later than September thirtieth of the same year in which the application is received, the director will mail to the applicant by certified mail, notice of completeness or shall deem the application incomplete.

If the dates specified in this paragraph are a weekend or a day when state offices are closed, the deadline will be moved to the next business day.

(J) The director will deem an application incomplete if the applicant does not timely respond to the director's request for additional information or if the director does not receive the information necessary to complete the application within the appropriate time frame specified in this rule.

(K) Except as necessary to comply with a subpoena issued under division (F) of section 3702.52 of the Revised Code, after a notice of completeness has been received, no person will make revisions to information that was submitted to the director before the director mailed the notice of completeness or knowingly discuss in person, by telephone, or electronically the merits of the application with the director. A person may supplement an application after a notice of completeness has been received by submitting clarifying information to the director.

(L) The director may deny an application for any false statement knowingly made in the application or in supplemental information submitted pursuant to this rule.

(M) If the director deems an application incomplete as authorized by this rule, the director will notify the applicant by certified mail, not process the application, and keep the fee specified in paragraph (G) this rule. The director's act of deeming an application incomplete and any of the other actions specified in this paragraph will not be subject to appeal.

(N) The director will review applications for certificates of need which have been declared complete to determine whether a certificate should be granted.

(O) The director may extend the review period once, for no longer than thirty days, by written notice within thirty days after the mailing of the final notice of completeness mailed under paragraph (I) of this rule. An extension by the director will apply to all applications in a comparative review process. No applicant in a comparative review process may extend the review period.

(P) Except as provided in division (C)(5) of section 3702.52 of the Revised Code, the director will grant or deny all completed applications for certificate of need:

(1) No later than sixty days after the date of mailing of notice of completeness under paragraph (I) of rule this rule; or

(2) No later than November thirtieth, or the next business day if November thirtieth is a weekend, of the year in which the application is received and a notice of completeness was mailed under paragraph (I) of this rule.

(R) If the director does not grant or deny the certificate of need on or before the applicable deadline specified in paragraph (P) of this rule, the certificate will be considered granted.

(T) The applicant may appeal to the director a decision to grant or deny a certificate of need application to the director in accordance with Chapter 119. of the Revised Code. The director is obligated to conduct an adjudication hearing in accordance with Chapter 119. of the Revised Code.

(1) The applicant also will file notice with the director not later than thirty days after the date the director mailed the order; and

(U) The applicant that was party to and participated in an adjudication hearing as authorized by division (A) of section 3702.60 of the Revised Code and paragraph (T) of this rule may appeal to the tenth district court of appeals the decision issued by the director following the adjudication hearing. Each person who appeals to the tenth district court of appeals is obligated to file with the court, not later than thirty days after the director's adjudication order is mailed; a notice of appeal that designates the order the person is appealing. The appellant also will file notice with the director not later than thirty days after the date the director mailed the order.

Last updated September 22, 2025 at 7:41 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-10 Replacement certificate of need.

(A) The director of health will accept an application for a replacement certificate of need when the application is submitted following approval and within five years after implementation of the reviewable activity for which the certificate of need was granted if the applicant requests the replacement certificate of need so that a reviewable activity for which the certificate of need was granted can be implemented in a manner that is not in substantial accordance with the approved certificate of need.

(B) The director will not accept an application for a replacement certificate of need that proposes to increase the number of long-term care beds to be relocated specified in the application for the approved certificate of need.

(C) The director will review and approve or deny the application for the replacement certificate of need in the same manner as the application for the approved certificate of need.

(D) To replace an approved certificate of need all of the following conditions will be met:

(1) The applicant for the replacement certificate of need will be the same as the applicant for the approved certificate of need or an affiliated or related person as defined in rule 3701-12-01 of the Administrative Code;

(2) The source of any long-term care beds to be relocated will be the same as in the approved certificate of need; and

(3) The application for the approved certificate of need will not be subject to comparative review under section 3702.593 of the Revised Code.

(E) Applications for a replacement certificate of need filed pursuant to section 3702.526 will be accompanied by the following:

(1) Copies of the forms and attachments submitted for review as part of the original certificate of need application; and

(2) A nonrefundable fee equal to the application fee paid for the approved certificate of need in the form of a check or money order made payable to the "treasurer, state of Ohio".

(F) For the purpose of determining whether long-term care beds are from an existing long-term care facility, the director will consider the date of filing of the application for a replacement certificate to be the same date of filing of the original application for the approved certificate of need.

(G) Any long-term care beds that were proposed to be relocated in the approved certificate of need will remain eligible to be recategorized as a different category of long-term care beds in the application for a replacement certificate of need.

(H) Upon approval of an application for a replacement certificate of need, the original certificate of need will be automatically voided.

Last updated September 22, 2025 at 7:41 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-11 Opportunity to submit written comments during the course of a certificate of need review.

(A) Any affected person may submit written comments regarding an application for a certificate of need.

(1) Such comments must be received by the following deadlines:

(a) For applications under a standard review, by the forty-fifth day after the application is accepted for processing by the director; or

(b) For an application for which an expedited review was requested in accordance with paragraph (D)(6) of rule 3701-12-08 of the Administrative Code, by the twenty-first day after the application is accepted for processing by the director.

(2) The director will consider all written comments received by the established deadlines.

(B) For the purpose of this rule, the date the application is "accepted," means the date the application is made available to the public for review on the Ohio department of health certificate of need project website at http://publicapps.odh.ohio.gov/EID/reports/EID_Report_Criteria.aspx?type=con.

Last updated September 22, 2025 at 7:42 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-18 Validity requirements, follow-up and withdrawal of certificates of need.

(A) For the purposes of this rule, "holder" means the applicant to whom a certificate of need was granted. In addition to compliance with validity needs established by any other rule of this chapter, to maintain the validity of a certificate of need, the holder will:

(1) Obligate the capital expenditure, within the meaning of paragraph (A)(1)(a) of this rule, within twenty-four months after the date of mailing of the notice that the certificate was granted or, if the grant or denial of the certificate is appealed under section 3702.60 of the Revised Code, within twenty-four months after the issuance of an order granting the certificate, which order is not subject to further appeal.

(a) For the purpose of this rule, "to obligate" means:

(i) For a project that primarily involves construction and is to be financed through external borrowing of funds, to secure financial commitment for the stated purpose of developing the project and commence construction that continues uninterrupted except for interruptions or delays that are unavoidable due to reason's beyond the person's control, including labor strikes, natural disasters, material shortages, or comparable events.

(ii) For a project that primarily involves construction and is to be financed internally, to receive formal approval from the holder's board of directors or trustees, or other governing authority to commit specified funds for the implementation of the project and commence construction that continues uninterrupted except for unavoidable interruptions or delay due to reason's beyond the person's control, including labor strikes, natural disasters, material shortages, or comparable events.

(iii) For a project that involves no capital expenditure or only minor renovations to existing structures, to provide the long-term care service by the means specified in the approved application for the certificate.

(iv) For a project that primarily involves leasing a building or space that needs only minor renovations to the existing space, to execute a lease and provide the long-term care service by the means specified in the approved application for the certificate.

(v) For a project that primarily involves leasing a building or space that has not been constructed or needs substantial renovations to existing space, to commence construction for the purpose of implementing the reviewable activity that continues uninterrupted except for interruptions or delays that are unavoidable due to reasons beyond the person's control, including labor strikes, natural disasters, material shortages, or comparable events.

(b) For the purposes of this rule, "commence construction" means:

(i) For a project involving construction, the placement of any structural foundation element that becomes an integral part of the structure. A structural foundation element includes, but is not limited to, footings, piers, grade beams and infrastructure items such as pilings and caissons. The acts of surveying, staking, soil testing, demolition of existing structures, delivery of materials, establishment or connection of utility services, elimination or removal of a safety or sanitary hazard from the site and site preparation, including site grading, site filling or clearing, are not considered commencement of construction.

(ii) For projects involving exclusively renovations to an existing structure, the modification or removal of an integral part of the structure or portion thereof. Such modification or removal includes, but is not limited to, the modification or removal of walls and ceilings, large surface replastering, major plumbing projects, and window replacement. Minor repair and maintenance activities that minimally disrupt building components, such as minor electrical or plumbing activities, are not considered commencement of construction.

(c) For the purpose of this rule, "provide the long-term care service" means, in the case of a project that affects the number of long-term care beds at an existing long-term care facility, to obtain a license or certification specifying the appropriate bed capacity.

(d) The twenty-four month period specified in paragraph (A)(1) of this rule will not be extended by any means, including the granting of a subsequent or replacement certificate of need.

(2) After obligating, maintain reasonable progress towards completion of the project. Reasonable progress includes, but is not limited to:

(a) When the holder maintains uninterrupted progress except for delays that are unavoidable due to reasons beyond the holder's control; or

(b) When the holder provides reasonable assurance that it will provide the long-term care service specified in the approved application for the certificate by the projected completion date approved by the director.

(3) Submit all documents needed in paragraph (B) of this rule for monitoring implementation of the reviewable activity in a timely manner.

(4) Not transfer the certificate, within the meaning of section 3702.523 of the Revised Code.

(5) Conduct the reviewable activity in substantial accordance with the approved application. A reviewable activity will not be determined to be not in substantial accordance with the certificate of need solely because of either of the following:

(a) A decrease in bed capacity; or

(b) A change in the owner or operator of the facility unless any of the circumstances specified in division (B) of section 3702.59 of the Revised Code apply to the new owner or operator.

(6) Conduct the reviewable activity at the site specified in the approved application.

(B) The director will monitor project implementation activities by holders of certificates of need. The director's monitoring will include but will not be limited to review of documentation submitted by holders. Each holder will submit the following:

(1) Progress reports, on forms provided by the director, not less than six months after obligating the project and every six months thereafter until the project is complete. The holder will submit progress reports more frequently if requested by the director;

(2) An affidavit of substantial completion of the project, on a form provided by the director, upon project completion;

(3) Architectural drawings or design development drawings, when appropriate to the nature of the activity and when requested by the director;

(4) Written documentation of obligating the project, which will be submitted to the director not later than the earlier of thirty days after obligating or five days after the twenty-four month period expires. Documentation of obligation may include, but will not be limited to, design drawings, a statement by the general contractor attesting to the date construction commenced, a building permit issued by the building authority having jurisdiction, approval to commit the specified funds for implementation of the approved project from a board of directors or trustees or other governing authority, construction contracts, purchase or lease contracts for the building, zoning approvals, evidence of site acquisition, or secured financial agreements, licensure, certification, or registration of the long-term care beds;

(5) Timely notification of any delay and request for approval of any changes to the projected completion date; and

(6) Any other documents relevant to project implementation, upon request by the director.

(C) The director may issue and enforce, in the manner provided in section 119.09 of the Revised Code, subpoenas and subpoenas duces tecum to compel a person to testify and produce documents relevant to the director's monitoring of the approved project. The director or the director's representative may visit sites where the activities are or will be conducted.

(D) The director will send a notice to the holder of the certificate that states whether or not the holder has obligated the approved project. The director will send the notice by certified mail to the holder not later than fifteen days after the director receives the obligation documentation or fifteen days after the twenty-four month period expires, whichever is later.

(E) If a holder fails to obligate the approved project, the certificate of need expires regardless of whether the director has sent notice pursuant to paragraph (D) of this rule or not. No further action is needed by the director. Expiration of a certificate of need does not constitute a withdrawal and the procedure provided in paragraph (F) of this rule for a withdrawal does not apply. A determination by the director that a certificate of need has expired is final and not appealable under Chapter 119. of the Revised Code.

(F) The director may withdraw a certificate of need for failure to comply with the needs for maintaining the validity of the certificate established by this rule or any other rule of this chapter or because the application or supplemental information contained material, false or misleading statements or knowing omissions of material information. In withdrawing a certificate, the director will use the following procedures:

(1) At least thirty days before withdrawing the certificate, the director will notify the holder of the proposed withdrawal by certified mail. The notice will include the reasons for the proposed action and a statement that the holder may respond to the proposal in writing within thirty days after the mailing of the notice of the proposed withdrawal.

(2) Before withdrawing the certificate, the director will consider any information timely filed by the holder and may consider any other information that the director considers appropriate.

(3) The director will notify the holder of the withdrawal of the certificate or the decision not to withdraw the certificate by certified mail within ninety days after the mailing of the notice of the proposed withdrawal. The notice of withdrawal will specify the reasons for the withdrawal, citations of relevant provisions of the Revised Code and the Administrative Code and a description of the right to appeal the withdrawal, in accordance with Chapter 119. and section 3702.60 of the Revised Code.

Last updated September 22, 2025 at 7:42 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-19 Monitoring of activities determined to not be reviewable activities.

(A) The director will monitor the implementation of an activity which the director has determined to not be a reviewable activity under rule 3701-12-04 of the Administrative Code, if the director determines that the activity needs monitoring under paragraph (B) of this rule. The director will monitor the activity to determine whether it is implemented in the manner described in the request for the ruling and whether it still is not a reviewable activity.

(B) The director may determine that an activity needs monitoring under this rule at the time that the activity is determined to not be a reviewable activity or at any subsequent time. The director will commence monitoring when the director determines that one or more of the factors specified in this paragraph are applicable. The director may consider the following factors in determining which activities need monitoring under this rule:

(1) Whether the determination that the activity was not a reviewable activity was based upon representations that certain services would or would not be provided as a result of the activity;

(2) Whether the determination that the activity was not a reviewable activity was based upon representations that the activity would be conducted through a particular organizational structure or by a certain type of facility such as a county home;

(3) Whether the determination that the activity was not a reviewable activity was based upon certain configurations, types, or uses of physical space or the request lacked specificity concerning the configuration, type, or use of physical space;

(4) Whether the activity involved exclusion of items listed in division (B) of section 3702.511 of the Revised Code from a construction or renovation project that otherwise would have been reviewable;

(5) The director has reason to believe that the activity is being implemented differently from the representations made in the request for the reviewability ruling or in a manner that may make the activity a reviewable activity;

(6) Whether the activity is a reviewable activity if any of the conditions specified under division (B) of section 3702.511 of the Revised Code were not been met.

(C) Upon determining that an activity needs monitoring under this rule, the director will provide written notice of that determination to the person who filed the request for reviewability determination. The notice will specify the provisions of paragraph (B) of this rule that form the basis for the determination that monitoring is needed. In the case of monitoring on the basis of paragraph (B)(5) of this rule, the notice will specify the reason why the director believes that paragraph applies.

(D) For purposes of conducting monitoring under this rule, the director may request compliance with the provisions of this paragraph that are relevant to the basis for monitoring a particular activity, as specified in the notice provided under paragraph (C) of this rule. Upon request by the director, a person who filed the request for reviewability determination for an activity that the director determines needs monitoring under this rule will do all of the following, as applicable, beginning no later than forty-five days after the director's request:

(1) Provide progress reports on the implementation of the activity, at the times and containing the information requested by the director;

(2) In the case of an activity monitored under paragraph (B)(4) of this rule, provide accurate statements of costs involved in implementation or operation of the activity and supporting documentation;

(3) In the case of an activity monitored under paragraph (B)(3) (B)(4), or (B)(5) of this rule, provide contracts, drawings, descriptions, or other information relating to construction or renovation work associated with the activity;

(4) In the case of an activity monitored under paragraph (B)(1) or (B)(2) of this rule, provide information about the services to be furnished as a result of the activity, including the identity and type of the providers of the services and data on the utilization of the services;

(5) In the case of an activity monitored under paragraph (B)(2) of this rule, provide information about the organizational relationships of persons involved in implementing and operating the activity;

(6) Allow the director to have access to the site or sites at which the activity is implemented or operated and to examine records pertinent to implementation or operation of the activity, subject to applicable confidentiality laws. The director is obligated to examine only those portions of the site or those records that are relevant to the basis for the determination that monitoring is needed, as specified in the notice provided under paragraph (C) of this rule;

(7) Provide any other information that is relevant to monitoring whether the activity is being conducted in a manner consistent with the representations in the request for the ruling and that does not render it reviewable; and

(8) Provide documentation to verify compliance with the conditions specified under division (B) of section 3702.511 of the Revised Code, if the activity is monitored under paragraph (B)(6) of this rule.

(E) The director will monitor an activity under this rule only for the period of time necessary to determine that the activity has been implemented in accordance with the request for the reviewability ruling and in a manner that does not make it a reviewable activity. For other activities, such as activities monitored under paragraph (B)(1) of this rule, monitoring may be continuing.

(F) Upon request by the director, the person to who filed the request for reviewability determination will provide affidavits from appropriate individuals attesting to the accuracy of any information provided under this rule.

Last updated September 22, 2025 at 7:42 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-20 General certificate of need review criteria.

(A) The director will apply each of the criteria prescribed in this rule, as applicable, when reviewing an application for a certificate of need, in addition to any criteria specific to the application that are established by this chapter of the Administrative Code and sections 3702.51 to 3702.62 of the Revised Code. An applicant for a certificate of need will provide sufficient information to enable the director to perform a thorough review of the application in relation to each relevant criterion established by this chapter of the Administrative Code by completely responding to each applicable portion of the application form and attachments prescribed by the director and by attaching the necessary supporting documentation.

(B) For projects involving any construction, renovation or remodeling, the director will consider:

(1) The costs, methods and type of construction including energy conservation features, if applicable;

(2) The current and projected zoning status of the project site, if applicable; and

(3) Space allocations and the configuration of existing and proposed areas.

(C) If applicable, the director will consider the relationship of the project to the long-range plan of the applicant and the planning process that the applicant has employed.

(D) The director will consider the need that the population served or proposed to be served has for the services to be provided upon implementation of the project. In assessing the need for a project, the director will examine:

(1) The current and proposed primary and secondary service areas and their corresponding population;

(2) Travel times and the accessibility of the project site and of the sites of similar services to the proposed service area population;

(3) Current and projected patient origin data, by zip code;

(4) Any special needs and circumstances of the applicant or population proposed to be served by the proposed project, including research activities, prevalence of a particular disease, unusual demographic characteristics, cost-effective contractual affiliations, and other special circumstances; and

(5) Special needs related to any research activities, such as participation by the applicant in research conducted by the United States food and drug administration or clinical trials sponsored by the national institute of health, that will be conducted as a result of implementation of the reviewable activity.

(E) The director will consider the impact of the project on all other providers of similar services in the service area specified by the applicant including the impact on their utilization, market share and financial status.

(F) The director will consider alternatives to the project and the advantages, disadvantages and costs of each alternative.

(G) If the project involves an existing long-term care facility, the director will consider the historical, current and projected utilization of the facility as a whole and the utilization specific to the services affected by the project.

(H) The director will consider the effectiveness of the project in meeting the health-related needs of medically underserved groups such as low-income individuals, individuals with disabilities and minorities. If applicable, this consideration will include review of the applicant's historical experience in meeting the needs of underserved groups.

(I) The director will consider the short-term and long-term financial feasibility and the cost effectiveness of the project and its financial impact upon the applicant, other providers, health care consumers and the medicaid program established under Chapter 5162. of the Revised Code. For the purpose of this paragraph, "related or affiliated parties" means principal participants. Among other relevant matters, the director will evaluate:

(1) The availability of financing for the project, including all pertinent terms of any borrowing, if applicable;

(2) The operating costs specific to the project and the effect of these costs on the operating costs of the facility as a whole based upon review of balance sheets, cash flow statements and available audited financial statements;

(3) The effect of the project on charges and payment rates for the facility as a whole and specific to the project;

(4) The costs and charges associated with the project compared to the costs and charges associated with similar services furnished or proposed to be furnished by other providers; and

(5) The historical performance of the applicant and related or affiliated parties in providing cost-effective long-term care services.

(J) The director will consider the impact of the project on existing staffing levels, if applicable, and the availability of personnel resources to meet the applicant's projected needs.

(K) If medical or allied health education is an integral part of the project, the director will examine the impact of the project on the advancement of the educational endeavor.

(L) The director will consider the availability of and the impact upon ancillary and support services that relate directly and indirectly to the project.

(M) The director will consider the extent to which the project, the facility as a whole and the applicant comply and will comply with applicable standards for licensure, certification, accreditation and similar approvals.

(N) The director will consider the special needs and circumstances resulting from moral and ethical values and the free exercise of religious rights of long-term care facilities administered by religious organizations.

(O) The director will consider the special needs and circumstances of inner city and rural communities.

(P) The director will consider the historical performance of the applicant and related or affiliated parties in complying with previously granted certificates of need.

Last updated September 22, 2025 at 7:42 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-23.2 Replacement of long-term care facilities and relocation of long-term care beds.

(A) In addition to review under other applicable provisions of the Administrative Code, the director will not approve an application for a certificate of need to replace an existing long-term care facility or to relocate existing long-term care beds from one site to another unless the application meets all of the criteria prescribed by this rule.

(B) Applications submitted for a certificate of need to replace an existing long-term care facility or to relocate existing long-term care beds from one site to another will meet the following criteria:

(1) The applicant or the person proposed to own or operate the facility must have the legal authority to operate the long-term care beds that are subject to the certificate of need; or

(2) The applicant or the person proposed to own or operate the facility must have entered into a contract to obtain the legal authority to operate the beds that are subject to the certificate of need.

(C) The applicant provides documentation of a feasible plan to care for the residents served in the beds being replaced or relocated. The application will state whether those residents will be offered admission to the beds in the new location or replacement facility and the procedure for facilitating availability of the beds to the residents.

(D) The applicant demonstrates that replacement of the facility is more cost-effective or otherwise more feasible for the applicant than renovation of the facility being replaced. This information will be provided in the form of a detailed study of the respective costs of renovation and replacement or relocation, taking into account the useful lives of the respective facilities, or documentation of the circumstances that make renovation otherwise less feasible.

(E) The facility being replaced or from which beds are being relocated is a long term care facility, as defined in paragraph (P) of rule 3701-12-01 of the Administrative Code, and an existing long-term care facility, as defined in paragraph (I) of rule 3701-12-01 of the Administrative Code.

(F) The replacement of the existing facility or relocation of the existing or approved beds will not impair the access of the population served or proposed to be served by the existing facility or the existing or approved beds to quality long-term care, particularly in the case of medically underserved populations, including consideration of:

(1) Geographic access; and

(2) Availability of medicaid-certified long-term care beds.

(G) The applicant documents, and the director will consider, the impact of the replacement or relocation project on costs and charges on both a per diem and an aggregate basis. This documentation will include portrayal of all costs, including any costs of acquiring the existing facility or beds, and of how the costs will be recovered and a demonstration that the costs are reasonable when compared to the benefits of replacement or relocation.

Last updated September 22, 2025 at 7:43 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3701-12-24 Monitoring of hospital beds recategorized as skilled nursing beds.

(A) In order to assist the director in monitoring any approved projects for hospital beds recategorized as skilled nursing beds, in accordance with section 3702.521 of the Revised Code each hospital for which a certificate of need for skilled nursing beds was granted will report the information prescribed by this paragraph in a manner prescribed by the director. The hospital will submit the information no later than the last day of January, April, July and October of each year. The information reported will cover the calendar quarter most recently ended. The information submitted will include, but not be limited to:

(1) Number of skilled nursing beds;

(2) The average occupancy rate of the unit;

(3) The average length of stay for patients in the skilled nursing bed unit;

(4) The number of patients whose length of stay in the skilled nursing beds exceeded thirty days and the reasons why each such patient's length of stay exceeded thirty days;

(5) The number of patients discharged from the skilled nursing beds to each of the following:

(a) Home;

(b) Home with home health agency;

(d) Nursing facility for intermediate care;

(e) Hospital for acute care; or

(f) Other.

(6) A written attestation that the skilled nursing beds have not billed or received reimbursement under Title XIX of the "Social Security Act," 49 Stat. 286 (1965), 42 U.S.C. 1396 as amended (the medicaid program).

(B) After reviewing the aggregate information submitted under paragraph (A) of this rule, the director may request additional, patient-specific information from the hospital to verify compliance with this rule and with the approved application for the certificate of need.

(C) For the purposes of this rule, "skilled nursing bed" means a bed that was approved under former rule 3701-12-23.3 of the Administrative Code, effective May 20, 1991, and that is in the portion of the hospital that participates in the program for health insurance for the aged and disabled established by Title XVIII of the Social Security Act (1981), 42 U.S.C. 301, as amended (the medicare program).

Last updated September 22, 2025 at 7:43 AM

History

Effective: September 22, 2025
Promulgated Under: 119.03

Chapter 3701-13 Hiring of Direct-Care Provider Employees

Ohio Adm.Code 3701-13-01 Definitions.

As used in this chapter:

(A) "Applicant" means a person who is under final consideration for employment with a direct care provider (DCP) in a full-time, part-time, or temporary position that involves providing direct care to an older adult. "Applicant" does not include a person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.

(B) "BCII" means the bureau of criminal identification and investigation.

(C) "Chief administrator" means the individual in charge of the daily operation of the DCP or any employee of the DCP whom the chief administrator has designated as his representative pursuant to paragraph (B) of rule 3701-13-03 of the Administrative Code.

(D) "Criminal records check" means any criminal records check conducted by the superintendent of BCII in accordance with division (B) of section 109.572 of the Revised Code.

(E) "Department" means the department of health.

(F) "Direct care" means the provision of a service to an older adult or group of older adults that involves one or more of the following:

(1) Coordination of, direct supervision of, or provision of personal care, nursing, or health related services;

(2) Routine contact, such as face-to-face, hands-on physical assistance, verbal cueing, reminding, standing by or monitoring of activities;

(3) Activity that requires the person to be routinely alone with older adults or to routinely have access to older adults' personal property or financial documents;

(4) Any routine service or activity designated as direct care by the chief administrator; and

(5) In the case of a hospice care program, any service provided in an older adult's place of residence.

(G) "Direct care provider" or "DCP" means:

(1) An "adult day-care program" operated by and on the same site as a nursing home, residential care facility, home for the aging, or the Ohio veterans' home;

(2) A county home or district home operated under Chapter 5155. of the Revised Code;

(3) A "hospice care program" defined under section 3712.01 of the Revised Code;

(4) A hospital unit certified as a nursing facility or skilled nursing facility under Title XVIII or XIX of the "Social Security Act," 49 STAT. 620 (1935), 42 U.S.C.A. 301 as amended (1981); and

(5) A nursing home, residential care facility, or home for the aging as defined in section 3721.01 of the Revised Code and the Ohio veterans' homes.

(H) "Director" means the director of health or any division, bureau, agency, official or employee of the department to which the director has delegated his authority or duties.

(I) "FBI" means the federal bureau of investigation.

(J) "Offense of violence" means any of the following:

(1) A violation of section 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.04 (involuntary manslaughter), 2903.11 (felonious assault), 2903.12 (aggravated assault), 2903.13 (assault), 2903.21 (aggravated menacing), of division (A)(1) of section 2903.34 (patient abuse or neglect), 2905.01 (kidnapping), 2905.02 (abduction), 2905.11 (extortion), 2907.02 (rape), 2907.03 (sexual battery), 2907.05 (gross sexual imposition), 2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary), 2911.12 (burglary), 2919.25 (domestic violence), 2923.161 (improperly discharging firearm at or into a habitation, in a school, or with intent to cause harm or panic to persons in a school building or at a school function) or former section 2907.12 (felonious sexual penetration) of the Revised Code;

(2) A violation of an existing or former law of this or any other state or the United States, substantially equivalent to any section or division or offense listed in paragraph (J)(1) of this rule;

(3) An offense, listed or described in rule 3701-13-05 of the Administrative Code or an offense under an existing or former law of this or any other state or the United States that is substantially equivalent to any of those offenses, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons.

(K) "Older adult" means a person age sixty or older.

(L) "PASSPORT agency" means a public or private entity that provides home and community-based services to older adults through the PASSPORT program created under section 173.52 of the Revised Code.

(M) "Repeat violent offender" means a person who has been convicted of or pleaded guilty to the commission of any of the offenses of violence, listed or described in paragraph (J) of this rule, in two or more separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, will be counted as one conviction or guilty plea.

(N) "Sexually oriented offense" means any of the following offenses:

(1) Regardless of the age of the victim of the offense, a violation of section 2907.02 (rape), 2907.03 (sexual battery), or 2907.05 (gross sexual imposition) of the Revised Code, or former 2907.12 (felonious sexual penetration) of the Revised Code;

(2) Any of the following offenses involving a minor in the circumstances specified:

(a) A violation of section 2905.01 (kidnapping) or 2905.02 (abduction) of the Revised Code when the victim is under eighteen years of age;

(b) A violation of division (A)(1) or (A)(3) of section 2907.321 (pandering obscenity involving a minor) or 2907.322 (pandering sexually oriented matter involving a minor) of the Revised Code;

(c) A violation of division (A)(1) or (A)(2) of section 2907.323 (illegal use of a minor in nudity-oriented material or performance) of the Revised Code;

(3) Regardless of the age of the victim of the offense, a violation of section 2903.01 (aggravated murder), 2903.02 (murder), 2903.11 (felonious assault), or 2905.01 (kidnapping) of the Revised Code, or of division (A) of section 2903.04 (involuntary manslaughter) of the Revised Code with a purpose to gratify the sexual needs or desires of the offender;

(4) A sexually violent offense as defined in paragraph (P) of this rule;

(5) A violation of any former law of this state that was substantially equivalent to any offense listed in paragraphs (N)(1) to (N)(4) of this rule;

(6) A violation of an existing or former law of another state or the United States, or a violation under the law applicable in a military court, that is or was substantially equivalent to any offense listed in paragraphs (N)(1) to (N)(5) of this rule;

(O) "Sexually violent offense" means a violent sex offense, or a designated homicide, assault, or kidnapping offense for which the offender also was convicted of or pleaded guilty to a sexual motivation specification.

(1) "Designated homicide, assault, or kidnapping offense" means a violation of section 2903.01 (aggravated murder), 2903.02 (murder), 2903.11 (felonious assault), or 2905.01 (kidnapping) of the Revised Code or a violation of division (A) of section 2903.04 (involuntary manslaughter) of the Revised Code;

(2) "Sexual motivation" means a purpose to gratify the sexual needs or desires of the offender.

(3) "Sexual motivation specification" means a specification, as described in section 2941.147 of the Revised Code, that charges that a person charged with a designated homicide assault or kidnapping offense committed the offense with a sexual motivation.

(4) "Violent sex offense" means any of the following:

(a) A violation of section 2907.02 (rape), 2907.03 (sexual battery), or division (A)(4) of section 2907.05 (gross sexual imposition when victim is under thirteen years of age) of the Revised Code or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(b) A felony violation of a former law of this state that is substantially equivalent to a violation listed in paragraph (O)(4)(a) of this rule.

(P) "Superintendent" means superintendent of BCII.

(Q) "Theft related offense" means a violation of any of the following sections of the Revised Code: 2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary), 2911.12 (burglary), 2911.13 (breaking and entering), 2913.02 (theft, aggravated theft), 2913.03 (unauthorized use of a vehicle), 2913.04 (unauthorized use of property - computer, cable, or telecommunication property), 2913.11 (passing bad checks), 2913.21 (misuse of credit cards), 2913.31 (forging identification cards or selling or distributing forged identification cards), 2913.40 (medicaid fraud), 2913.43 (securing writings by deception), 2913.47 (insurance fraud), or 2913.51 (receiving stolen property). Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, will be counted as one conviction or guilty plea.

Last updated December 8, 2023 at 7:48 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-03

(A) Except as otherwise provided in paragraph (H) of this rule, the chief administrator is obligated to request that the superintendent conduct a criminal records check with respect to each applicant.

(B) The chief administrator of a DCP may designate a representative such as a director of nursing, medical director, facility manager, or personnel officer to carry out the requirements of this rule on the chief administrator's behalf. The chief administrator remains ultimately responsible for complying with the requirements of this rule.

(1) If the applicant does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the FBI in a criminal records check, the chief administrator of the DCP is obligated to request that the superintendent obtain information from the FBI as part of the criminal records check of the applicant.

(2) Even if the applicant presents proof of having been a resident of this state for the five-year period or proof of an FBI criminal records check as specified in paragraph (C)(1) of this rule, the DCP may request that the superintendentan include information from the FBI in the criminal records check.

(D) Investigation fee.

(1) A DCP is obligated to pay to the BCII the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to that section.

(2) A DCP may charge an applicant a fee not exceeding the amount the DCP pays under paragraph (D)(1) of this rule. A DCP may collect a fee only if both of the following apply:

(a) The DCP notifies the person at the time of the initial application for employment of the amount of the fee and that, unless the fee is paid by the person, the person will not be considered for employment;

(b) The medicaid program established under Chapter 5162. of the Revised Code does not reimburse the DCP for the fee it pays under paragraph (D)(1) of this rule.

(E) Notification to the applicant. The chief administrator of the DCP is obligated to inform each individual, at the time of initial application for a position that involves providing direct care to an older adult:

(1) That the individual is obligated to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the individual comes under final consideration for employment;

(2) If applicable, the information mandated under paragraph (D)(2)(a) of this rule; and

(3) Any fees authorized under division (C)(2) of section 109.572 of the Revised Code that are associated with obtaining fingerprint impressions.

(F) Criminal records check forms. The chief administrator of a DCP mandated by this rule to request a criminal records check is obligated to do all of the following:

(1) Provide each applicant a copy of the form(s) prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet, or instructions for acquiring a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section. The form and standard fingerprint sheets may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(a) An applicant who meets the residency requirement shall be provided a copy of the BCII "civilian identification" form for fingerprint impressions; in addition, if the DCP chooses to do so, the applicant may also be provided an FBI "applicant" fingerprint impression form. The standard fingerprint impression sheets may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(b) An applicant who does not meet the residency requirement, specified in paragraph (C) of this rule, shall be provided both the BCII and FBI fingerprint impression forms.

(2) Obtain the completed form(s) and fingerprint impression sheet(s) from the applicant. The standard fingerprint impression sheets may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(3) Forward the completed form(s) and fingerprint impression sheet(s) to the superintendent.

(a) The DCP is obligated to submit the completed forms in the method prescribed by BCII including, but not limited to, electronic submission.

(b) The DCP is obligated to submit all applicable fees with completed forms or arrange for payment in a method prescribed by BCII prior to submitting forms for processing.

(G) An applicant provided the forms and fingerprint impression sheets under paragraph (F)(1) of this rule, who fails to complete the forms or to provide fingerprint impressions, cannot be employed in any position for which a criminal records check is mandated by this rule.

(H) Exception to criminal records check rule. The DCP is not obligated to request that the superintendent conduct a criminal records check of an applicant if the applicant has been referred to the DCP by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults if the requirements of this paragraph or of paragraph (B) of rule 3701-13-04 of the Administrative Code are met:

(1) The chief administrator receives from the employment service, or the applicant, a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant's referral; and

(2) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in paragraph (A) of rule 3701-13-05 of the Administrative Code.

(I) In addition to or in conjunction with any request that is obligated to be made under this rule with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult, the chief administrator of a DCP may request that the superintendent conduct a criminal records check with respect to any individual who has applied for employment in a position that does not involve providing direct care to an older adult.

Last updated December 8, 2023 at 7:49 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-05

(A) Except as set forth in the personal character standards established in rule 3701-13-06 of the Administrative Code, no DCP is allowed to employ a person in a position that involves providing direct care to an older adult if the person has been convicted of or pleaded guilty to:

(1) A violation of any of the following sections of the Revised Code:

(a) 2903.01 -- Aggravated murder;

(b) 2903.02 -- Murder

(d) 2903.04 -- Involuntary manslaughter

(e) 2903.11 -- Felonious assault

(f) 2903.12 -- Aggravated assault

(g) 2903.13 -- Assault

(h) 2903.16 -- Failing to provide for a functionally impaired person

(i) 2903.21 -- Aggravated menacing

(j) 2903.34 -- Patient abuse or neglect

(k) 2905.01 -- Kidnapping

(l) 2905.02 -- Abduction

(m) 2905.11 -- Extortion

(n) 2905.12 -- Coercion

(o) 2907.02 -- Rape

(p) 2907.03 -- Sexual battery

(q) 2907.05 -- Gross sexual imposition

(r) 2907.06 -- Sexual imposition

(s) 2907.07 -- Importuning

(t) 2907.08 -- Voyeurism

(u) 2907.09 -- Public indecency

(v) Former 2907.12 -- Felonious sexual penetration

(w) 2907.25 -- Prostitution; after positive HIV test

(x) 2907.31 -- Disseminating matter harmful to juveniles

(y) 2907.32 -- Pandering obscenity

(z) 2907.321 -- Pandering obscenity involving a minor or impaired person

(aa) 2907.322 -- Pandering sexually oriented matter involving a minor or impaired person

(bb) 2907.323 -- Illegal use of a minor in nudity-oriented material or performance

(cc) 2911.01 -- Aggravated robbery

(dd) 2911.02 -- Robbery

(ee) 2911.11 -- Aggravated burglary

(ff) 2911.12 -- Burglary

(gg) 2911.13 -- Breaking and entering

(hh) 2913.02 -- Theft

(ii) 2913.03 -- Unauthorized use of a vehicle

(jj) 2913.04 -- Unauthorized use of property; computer, cable, or telecommunication property

(kk) 2913.11 -- Passing bad checks

(ll) 2913.21 -- Misuse of credit cards

(mm) 2913.31 -- Forgery; forging identification cards or selling or distributing forged identification cards

(nn) 2913.40 -- Medicaid fraud

(oo) 2913.43 -- Securing writings by deception

(pp) 2913.47 -- Insurance fraud

(qq) 2913.51 -- Receiving stolen property

(rr) 2919.25 -- Domestic violence

(ss) 2921.36 -- Illegal conveyance of weapons, or prohibited items onto grounds of detention facility or institution

(tt) 2923.12 -- Carrying concealed weapons

(uu) 2923.13 -- Having weapons while under disability

(vv) 2923.161 -- Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function

(ww) 2925.02 -- Corrupting another with drugs

(xx) 2925.03 -- Trafficking, aggravated trafficking in drugs

(yy) 2925.11 -- Possession of controlled substances

(zz) 2925.13 -- Permitting drug abuse

(aaa) 2925.22 -- Deception to obtain a dangerous drug

(bbb) 2925.23 -- Illegal processing of drug documents

(ccc) 3716.11 -- Placing harmful objects in food or confection

(2) A violation of an existing or former law of this state, any other state or the United States that is substantially equivalent to any of the offenses or violations listed in paragraph (A)(1) of this rule.

(B) Pardons. A conviction of or a plea of guilty to an offense listed or described in paragraph (A) of this rule does not prevent an applicant's employment under any of the following circumstances:

(1) The applicant has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code;

(2) The applicant has been granted an unconditional pardon for the offense pursuant to an existing or former law of the this state, any other state, or the United States, if the law is substantially equivalent to Chapter 2967. of the Revised Code;

(3) The conviction or guilty plea has been set aside pursuant to law; or

(4) The applicant has been granted a conditional pardon for the offense pursuant to Chapter 2967. of the Revised Code, and the conditions under which the pardon was granted have been satisfied.

Last updated December 8, 2023 at 7:49 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-02 Applicability.

(A) Chapter 3701-13 of the Administrative Code applies to persons who apply for employment in a position involving the provision of direct care to an older adult including:

(1) A person who is paid directly by the DCP;

(2) A person who contracts as an independent contractor with the DCP to provide direct care on behalf of the DCP;

(3) A person who provides direct care on behalf of the DCP pursuant to a contract between the DCP and another business entity: and

(4) A person referred to the DCP by an employment service, temporary employment service or staffing pool.

(B) A DCP is obligated to request a criminal records check on any person employed by the DCP in a position other than direct care who then applies and is under final consideration for a position within the DCP that requires the provision of direct care to an older adult.

Last updated December 8, 2023 at 7:49 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-04

(A) A DCP may conditionally employ an applicant for whom a criminal records check request is required under rule 3701-13-02 of the Administrative Code prior to obtaining the results of a criminal records check regarding the applicant if the following requirements are met:

(1) The DCP is prohibited from employing an applicant prior to obtaining the completed form(s) and fingerprint impression sheet(s) from the applicant as required in paragraph (F) of rule 3701-13-03 of the Administrative Code. For purposes of this prohibition, the applicant cannot perform or participate in any job related activity pertaining to a position involving the provision of direct care to an older adult that places the applicant in an active pay status.

(2) The DCP is obligated to request a criminal records check in accordance with paragraph (F) of rule 3701-13-03 of the Administrative Code by submitting the request to BCII not later than five business days after the individual begins conditional employment.

(B) The DCP may conditionally employ an applicant for whom a criminal records check is obligated to be run in accordance with rule 3701-13-02 of the Administrative Code if all of the following requirements are met:

(1) The applicant has been referred to the DCP by an employment service that supplies full-time, part-time, or temporary staff positions involving the direct care of older adults; and

(2) The chief administrator receives from the employment service a letter that:

(a) Is on the letterhead of the employment service;

(b) Is dated and signed by a supervisor or another designated official of the employment service;

(c) States that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant;

(d) States that the requested criminal records check will include a determination of whether the applicant has been convicted or pleaded guilty to any offense listed or described in rule 3701-13-05 of the Administrative Code;

(e) States that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check; and

(f) States that, when the employment service receives the results of the criminal records check, it will promptly send a copy of the results to the DCP.

(C) If a DCP conditionally employs an applicant under paragraph (B) of this rule, the employment service, upon its receipt of the results of the criminal records check, is obligated to promptly send a copy of the results to the DCP, and paragraph (D) of this rule shall apply regarding the conditional employment.

(D) The DCP is obligated to terminate the individual's conditional employment in a position involving direct care to an older adult if:

(1) The results of the criminal records check, other than the results of any request for information from the FBI, are not obtained within thirty days after the date the request is made; or

(2) The results of any part of the records check indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in paragraph (A) of rule 3701-13-05 of the Administrative Code, unless the DCP chooses to employ the applicant pursuant to the personal character standards established in rule 3701-13-06 of the Administrative Code.

(E) Termination under paragraph (D) of this rule is considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the DCP about the individual's criminal record.

Last updated December 8, 2023 at 7:49 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-06

(A) A DCP may employ an applicant who has been convicted of or pleaded guilty to an offense listed in paragraph (A) of rule 3701-13-05 of the Administrative Code in a position involving direct care to an older adult, if all of the following standards are met:

(1) The applicant is not a repeat violent offender as defined in paragraph (M) of rule 3701-13-01 of the Administrative Code;

(2) The offense is not a sexually oriented offense as defined in paragraph (N) of rule 3701-13-01 of the Administrative Code;

(3) The offense is not a violation of any of the following sections of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States, if the offense is substantially equivalent to the offenses or violations described in the following sections of the Revised Code: 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.34 (patient abuse or neglect), or 3716.11 (placing harmful objects in food or confection);

(4) If the applicant has more than one theft related offense as defined in paragraph (Q) of rule 3701-13-01 of the Administrative Code;

(a) The victim of either offense was not an older adult; and

(b) At least seven years have elapsed since the date the applicant was fully discharged from imprisonment, probation, or parole for the most recent offense;

(5) If the offense is an offense of violence as defined in paragraph (J) of rule 3701-13-01 of the Administrative Code, other than one listed in paragraph (A)(3) of this rule; and

(a) The victim of the offense was not an older adult; and

(b) At least five years have elapsed since the date the applicant was fully discharged from imprisonment, probation and parole; or

(6) If the offense is not an offense of violence as defined in paragraph (J) of rule 3701-13-01 of the Administrative Code or an offense listed in paragraph (A)(3) of this rule; and

(a) The applicant is either discharged from imprisonment, sentenced to probation, is fined or is on parole; and

(b) The applicant provides proof that all conditions regarding fulfillment of sentencing requirements are being met.

(7) The applicant's character is such that it is unlikely that the applicant will harm an older adult. In making that determination, the chief administrator is obligated to consider the following factors for each offense:

(a) The applicant's age at the time of the offense;

(b) Regardless of whether the applicant knew the victim prior to the committing of the offense, the age and mental capacity of the victim;

(d) The number of previous offenses or length of time since the most recent conviction or guilty plea;

(e) The degree to which the applicant participated in the offense and the degree to which the victim contributed to or provoked the offense;

(f) The likelihood that the circumstances leading to the offense will reoccur;

(g) The applicant's employment record;

(h) The applicant's efforts at rehabilitation and the results of those efforts;

(i) If known, whether the applicant has been convicted of or pleaded guilty to any violation of an existing or former municipal ordinance substantially equivalent to any offense listed or described in rule 3701-13-05 of the Administrative Code;

(j) Whether any criminal proceedings are pending; and

(k) Any other factors related to the position that the chief administrator considers relevant to the performance of job duties.

(B) If the applicant fails to provide proof that the personal character standards listed in this rule are met, or if the DCP determines that the proof offered by the applicant is inconclusive, the applicant cannot be employed in a position that involves providing direct care to older adults.

Last updated December 8, 2023 at 7:50 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-07 Records and reports.

(A) Criminal records check disclosure. The report of the criminal records check conducted pursuant to a request made under rule 3701-13-03 of the Administrative Code is not a public record for the purposes of section 149.43 of the Revised Code and is not permitted to be made available to any person other than the following:

(1) The individual who is the subject of the criminal records check or the individual's representative;

(2) The chief administrator of the DCP requesting the criminal records check or the administrator's representative;

(3) The chief administrator of the DCP, any other DCP, home health agency defined under section 3740.01 of the Revised Code, or PASSPORT agency that provides direct care to older adults that is owned or operated by the same entity that owns or operates the DCP;

(4) Any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment of the applicant or dealing with employment or unemployment benefits; or

(5) Any person to whom a report is provided pursuant to paragraph (H) of rule 3701-13-03 of the Administrative Code or paragraph (B) of 3701-13-04 of the Administrative Code.

(B) Personnel record. The DCP is obligated to maintain the criminal records report in a confidential manner either sealed within, or separate from but a part of, the personnel record.

(C) Attestation. It is mandatory that the DCP , upon request, provide to the director written confirmation of compliance with the provisions of this rule in a format that is specified by the director and is consistent with state law.

(D) Documentation of compliance. The DCP is obligated to maintain an applicant log separate from the personnel record that is accessible to the director and contains the following information:

(1) The name of each applicant;

(2) Application date;

(3) The date the applicant starts work;

(4) The date the criminal records check request is submitted to BCII;

(5) The type(s) of criminal records checks requested (BCII, FBI, or both);

(6) The date(s) the BCII and FBI checks are received or, for referred applicants or applicants employed pursuant to a contract, the date a copy of the report of the criminal records check is provided to the DCP for its records;

(7) The date the report is completed by BCII, "date of original record check";

(8) Whether the applicant was hired pursuant to the personal character standards listed in rule 3701-13-06 of the Administrative Code;

(9) Final disposition of the applicant; and

(10) Whether the applicant was terminated pursuant to paragraph (D)(1), paragraph (D)(2) or paragraph (E) of rule 3701-13-04 of the Administrative Code.

Last updated December 8, 2023 at 7:50 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-08 Liability.

In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a DCP employs in a position that involves providing direct care to older adults, the following applies:

(A) If the DCP employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this chapter, the DCP will not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate;

(B) If the DCP employed the individual in good faith on a conditional basis pursuant to rule 3701-13-04 of the Administrative Code, the DCP will not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this chapter;

(C) If the DCP in good faith employed the individual according to the personal character standards adopted under rule 3701-13-06 of the Administrative Code, the DCP will not be negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in rule 3701-13-05 of the Administrative Code.

Last updated December 8, 2023 at 7:50 AM

History

Effective: December 8, 2023
Promulgated Under: 119.03

Ohio Adm.Code 3701-13-09 Compliance action.

As authorized by the applicable state laws and rules governing the specific DCP, the department may take appropriate action against a direct care provider that violates the requirements of Chapter 3701-13 of the Administrative Code and the authorizing sections of the Revised Code applicable to the specific DCP.

Last updated January 2, 2024 at 2:00 PM

History

Effective: September 5, 1997
Promulgated Under: Ch 119.

Chapter 3701-15 Tuberculosis

Ohio Adm.Code 3701-15-01 Definitions.

As used in this chapter:

(A) "Active tuberculosis" means the same as set out in section 339.71 of the Revised Code.

(B) "Approved course of therapy" means the same as set out in section 339.73 of the Revised Code.

(C) "Case management" means a strategy used to ensure that patients complete tuberculosis treatment. The three elements of case management are: assignment of responsibility, systematic regular review, and plans to address barriers to adherence.

(D) "Directly observed therapy" means that a health care worker or other trained individual observes the tuberculosis patient ingesting each dose of the prescribed medications.

(E) "Latent tuberculosis infection" or "LTBI" means a positive reaction to the tuberculin skin test or BAMT, negative bacteriologic studies (if done), and no clinical, bacteriologic, or radiographic evidence of active tuberculosis.

(F) "Mantoux tuberculin skin test" means injecting 0.1 ml of 5-TU PPD intradermally into the volar or dorsal surface of the forearm.

(G) "Suspected tuberculosis" means a person with or without a positive Mantoux tuberculin skin test or BAMT who meets any of the following criteria:

(1) Has a specimen that is positive for acid-fact bacilli on smear.

(2) Has been prescribed two or more anti-tuberculosis medications for the treatment of active tuberculosis.

(3) Has a radiologic finding consistent with active tuberculosis.

(4) Has clinical symptoms or findings consistent with active tuberculosis.

(H) "Targeted tuberculin testing" means a strategic component of tuberculosis control that identifies persons at high risk for developing tuberculosis who would benefit by treatment of latent tuberculosis infection.

(I) "Blood assay for m. tuberculosis" or "BAMT" means any whole-blood assay for m. tuberculosis infection based on the release of gamma interferon (IFN-y) from antigen-specific T cells previously sensitized with mycobacterial antigens.

Last updated August 1, 2023 at 2:08 PM

History

Effective: January 1, 2009
Promulgated Under: 119.03

Ohio Adm.Code 3701-15-02 Acceptable tuberculosis program.

An acceptable tuberculosis program, designated pursuant to division (A) of section 339.72 of the Revised Code, is a program that includes at least the components set forth in this rule.

(A) Provides hospitalization for patients with active or suspected tuberculosis for whom an acceptable ambulatory treatment plan cannot be devised.

(B) An outpatient program ensuring the following services:

(1) Maintenance of a tuberculosis case registry with up-to-date information on all current clinically active and suspected tuberculosis cases within the area served using the designated Ohio department of health reporting system. Maintenance of records on the examination and treatment status of the contacts to infectious tuberculosis patients and other groups of high-risk infected persons.

(2) Laboratory and diagnostic services as follows:

(a) Access to radiology equipment and trained radiology technicians.

(b) Access to mycobacteriology laboratory services that meet the following criteria:

(i) Results of acid-fast examinations of specimens are available within twenty-four hours of the date the specimen is received at the lab.

(ii) Reports of isolation and identification of M. tuberculosis should be available within fourteen to twenty-one days of the date the specimen is received at the laboratory.

(iii) Reports of drug-susceptibility tests for first-line drugs should be available within fifteen to thirty-five days of specimen collection of the date the specimen is received at the laboratory.

(C) A case management system to monitor and ensure adherence to treatment, which includes an assignment of responsibility, systematic review of the case, and plans to address barriers to adherence.

(D) Prevention and control activities that include the following three priority strategies:

(1) Identifying and treating all persons who have tuberculosis disease. This means finding cases of tuberculosis and ensuring that patients complete appropriate therapy.

(2) Finding and evaluating persons who have been in contact with tuberculosis patients to determine whether they have latent tuberculosis infection or active tuberculosis disease, and treating them appropriately.

(3) As resources permit, screening high-risk groups for latent tuberculosis infection to identify candidates for treatment of latent tuberculosis infection and to ensure the completion of treatment.

(a) Targeted tuberculin testing shall be conducted only among groups at high risk and discouraged in those at low risk.

(b) Infected persons who are considered to be at high risk for developing active tuberculosis shall be offered treatment for latent tuberculosis infection, irrespective of age, unless medically contraindicated.

(E) Policies and procedures as follows:

(1) The tuberculosis control unit shall outline program priorities and objectives reflecting the specific needs of the community.

(2) The tuberculosis control unit shall have written policies and procedures that clearly define the standard of practice for tuberculosis treatment and prevention in the community.

(3) The tuberculosis control unit shall provide consultation and oversight for the tuberculosis control activities of local health care facilities and practitioners to ensure that their efforts reflect the current standards of care and public health practice.

Last updated August 1, 2023 at 2:08 PM

History

Effective: January 1, 2009
Promulgated Under: 119.03

Ohio Adm.Code 3701-15-03 Tuberculosis standards for the purposes of section 3701.14 of the Revised Code.