Ohio Administrative Code
Title 173 - Department of Aging
Chapter 173-14 - State Long Term Care Ombudsman
Section 173-14-14 - Staffing requirements, staff qualifications, and background checks
Universal Citation: OH Admin Code 173-14-14
Current through all regulations passed and filed through September 16, 2024
(A) Staffing requirements: Each regional program shall employ one paid, full-time employee to serve as the program's ombudsman program director. If a sponsoring agency administers more than one regional program, each regional program shall have full-time supervision provided by a certified ombudsman program director in that region, unless otherwise approved by the state ombudsman.
(B) Staff qualifications:
(1) Representative: To accept a candidate for
certification as a representative of the office, the state or regional program
shall either hire a person as a paid staff member or accept the person as a
volunteer staff member. The state or regional program
may
hire or accept a person
only if the
person:
(a) Is at least eighteen years
of age; and,
(b) Has the ability to
understand and empathize with the concerns of consumers of long-term care
services.
(2) Ombudsman
specialist: A regional program
may
hire
a person to be an ombudsman specialist only if
the person is at least a registered nurse or has earned a bachelor of science
degree in nursing, or a bachelor of arts or bachelor of science degree in
social work, social services, or a health-related
field. Any paid representative who does not meet this requirement may
substitute commensurate experience or education to meet the education
qualification with the approval of the SLTCO.
(3) Ombudsman program director: A regional
program
may
hire a
person to be the ombudsman program director only
if the person meets both of the following requirements:
(a) The person is at least a registered nurse
or has earned a bachelor of science degree in nursing, or a bachelor of arts
degree or a bachelor of science degree in social work, social services, a
health-related field, or any other related field. Any paid representative who
does not meet this requirement may substitute commensurate experience or
education to meet the education qualification.
(b) The person has one year's experience in
supervision/management in the fields of aging, long-term care, health care,
social services, advocacy, or investigation with the approval of the
SLTCO.
(4) Background
checks: Section 173.27 of the Revised Code and
paragraph (C) of this rule
establish background-check requirements
for
hiring an applicant for, or retaining an employee in, a paid ombudsman
position.
(C) Background checks for paid ombudsman positions:
(1)
Definitions for paragraph (C) of this rule:
"Applicant" means a person that a responsible party is giving final consideration for hiring into a paid ombudsman position that is full-time, part-time, or temporary, including the position of state long-term care ombudsman or regional director. "Applicant" does not include a volunteer.
"BCII" means "the bureau of criminal identification and investigation" and includes the superintendent of BCII.
"Criminal records" has the same meaning as "results of the criminal records check," "results," and "report" in section 173.27 of the Revised Code when the section uses "results of the criminal records check," "results," and "report" to refer to the criminal records that BCII provides to responsible parties that conduct criminal records checks. Criminal records originate from BCII unless the context indicates that the criminal records originate from the FBI.
"Criminal records check" ("check") means the criminal records check described in section 173.27 of the Revised Code.
"Disqualifying offense" means any offense listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code.
"Employee" means a person that a responsible party hired into a paid ombudsman position that is full-time, part-time, or temporary, including the position of the state long-term care ombudsman or regional director. "Employee" does not include a volunteer.
"FBI" means "federal bureau of investigation."
"Fire" has the same meaning as "terminate" in section 173.27 of the Revised Code when the "terminate" regards firing an employee.
"Hire" has the same meaning as "employ" in section 173.27 of the Revised Code when "employ" regards hiring an applicant.
"Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
"ODA" means "the Ohio department of aging."
"Ombudsman position" has the same meaning as "position that involves providing ombudsman services to residents and recipients" in section 173.27 of the Revised Code. "Ombudsman position" includes the positions of ombudsman associate, ombudsman specialist, and ombudsman program director.
"Release" has the same meaning as "terminate" in section 173.27 of the Revised Code when "terminate" regards releasing a conditionally-hired applicant.
"Responsible party": When hiring an applicant for, or retaining an employee in, a paid ombudsman position as the state long-term care ombudsman, "responsible party" means ODA's director. When hiring an applicant for, or retaining an employee in, a paid ombudsman position in the office of the state long-term care ombudsman, "responsible party" means the state long-term care ombudsman. When hiring an applicant for, or retaining an employee in, a paid ombudsman position as the director of a regional program, "responsible party" means the regional program. When hiring an applicant for, or retaining an employee in, a paid ombudsman position in the regional program, "responsible party" means the regional program.
"Retain" has the same meaning as "continue to employ" in section 173.27 of the Revised Code.
"Volunteer" means a person who serves in an ombudsman position without receiving, or expecting to receive, any form of remuneration other than reimbursement for actual expenses.
(2) Reviewing databases:
(a) Databases to review: Any time this rule
requires a responsible party to review an applicant's (pre-hire) or employee's
(post-hire) status in databases, the responsible party shall review the six
databases listed in paragraphs (C)(2)(a)(i) to (C)(2)(a)(vi) of this rule. In
the table below, ODA listed the web address (URL) on which each database was
accessible to the public at the time of this rule's adoption. If a URL listed
in the table becomes obsolete, please consult with the government entity
publishing the database for an updated URL.
DATABASES TO REVIEW
|
SAM | |
|
OIG | |
|
Abuser Registry | |
|
Sex-Offender Search | |
|
Offender Search | |
|
Nurse-Aide Registry |
https://nurseaideregistry.odh.ohio.gov/Public/PublicNurseAideSearch |
(i) The United
States general services administration's system for award management, which is
maintained pursuant to subpart 9.4 of the federal acquisition
regulation.
(ii) The office of
inspector general of the United States department of health and human services'
list of excluded individuals and entities, which is maintained pursuant to
42 U.S.C.
1320a-7 and
1320c-5.
(iii) The department of developmental
disabilities' online abuser registry, established under section
5123.52 of the Revised Code,
which lists people cited for abuse, neglect, or misappropriation.
(iv) The Ohio attorney general's sex offender
and child-victim offender database, established under division (A)(1) of
section 2950.13 of the Revised
Code.
(v) The department of
rehabilitation and correction's database of inmates, established under section
5120.66 of the Revised
Code.
(vi) The department of
health's state nurse aide registry, established under section
3721.32 of the Revised Code. If
the applicant or employee does not present proof that he or she has been a
resident of Ohio for the five-year period immediately preceding the date of the
database review, the responsible party shall conduct a database review of the
nurse aide registry in the state or states in which the applicant or employee
lived.
(b) When to
review databases:
(i) Applicants (pre-hire):
The responsible party shall review each applicant's (pre-hire) status in the
databases before conducting the criminal records check
under
paragraph (C)(3) of this rule .
(ii) Employees
(post-hire): The responsible party shall review each employee's (post-hire)
status in the databases before conducting the criminal records check
under
paragraph (C)(3) of this rule .
(c)
Disqualifying status:
(i) No responsible party
may
hire an applicant or retain an employee if the applicant's or employee's status
in the databases reveals that one or more of the databases in paragraphs
(C)(2)(a)(i) to (C)(2)(a)(v) of this rule lists the applicant or employee or
the database in paragraph (C)(2)(a)(vi) of this rule lists the applicant or
employee as a person who abused, neglected, or exploited a long-term care
facility resident or misappropriated such a resident's property.
(ii) If the responsible party's database
reviews reveal that the applicant or employee is disqualified, the responsible
party shall inform the applicant or employee of the disqualifying
information.
(3) Criminal records checks: when to check
criminal records, inform applicants, charge fees, and use forms.
(a) Database reviews first: The responsible
party shall conduct database reviews on each applicant (pre-hire) and each
employee (post-hire) before conducting a criminal records check. If the
database reviews disqualify the applicant or employee, the responsible party
shall not conduct a criminal records check. If the database reviews do not
disqualify the applicant or employee, the responsible party shall conduct a
criminal records check.
(b) When to
check criminal records:
(i) Applicants
(pre-hire): The responsible party shall conduct a criminal records check on
each applicant.
(ii) Employees
(post-hire): According to one of the following three schedules, the responsible
party shall conduct a post-hire criminal records check on each employee at
least once every five years:
(a) Five-year
schedule for pre-2008 hire dates: If the responsible party hired the employee
before January 1, 2008, the responsible party shall conduct a criminal records
check on the employee no later than thirty days after the 2013 anniversary of
the employee's date of hire and no later than thirty days after each five-year
anniversary. A responsible party that follows this schedule is not required to
wait until the employee's anniversary to conduct a criminal records check. The
responsible party has five years, plus thirty days, to conduct the next
check.
(b) Five-year schedule for
2008-present hire dates: If the responsible party hired the employee on or
after January 1, 2008, the responsible party shall conduct a criminal records
check on the employee no later than thirty days after the fifth anniversary of
the employee's date of hire and no later than thirty days after each five-year
anniversary. A responsible party that follows this schedule is not required to
wait until the employee's five-year anniversary to conduct a criminal records
check. The responsible party has five years, plus thirty days, to conduct the
next check.
(c) Less-than-five-year
schedule: The responsible party may conduct criminal records checks on an
employee more frequently than every five years. If the responsible party checks
more frequently than every five years, the responsible party is not required to
conduct criminal records checks according to the five-year schedules. If a
responsible party complies with the requirements for rapback, the responsible
party is conducting criminal records checks on a daily basis, which is a
less-than-five-year schedule.
(iii) Reverification: If any person has
requested a criminal records check on an applicant or employee in the past year
that, according to division (B)(1) of section
109.572 of the Revised Code,
requires BCII to include sealed criminal records in the criminal records that
it returns to the person, the responsible party may request a reverification of
that criminal record from BCII to determine if an applicant's or employee's
criminal records disqualifies him or her from being hired into, or retaining, a
paid ombudsman position. The reverification of the criminal record has the same
validity as the criminal records received during the past year.
(c) Sealed records: Division
(B)(1) of section 109.572 of the Revised Code
requires BCII to include sealed criminal records in its criminal records
reports for criminal records checks conducted under section
173.27 of the Revised
Code.
(d) When to check FBI's
criminal records:
(i) Residency: If an
applicant or employee does not provide the responsible party with evidence that
he or she has been a resident of Ohio for the five-year period immediately
preceding the date the responsible party must request a criminal records check,
or if the applicant or employee does not provide the responsible party with
evidence that BCII has requested his or her criminal records from the FBI
within the five-year period immediately preceding the date the responsible
party requests the criminal records check, the responsible party shall request
that BCII obtain criminal records from the FBI as part of the criminal records
check.
(ii) Will of the responsible
party: If an applicant or employee provides the responsible party with evidence
that he or she has been a resident of Ohio for the five-year period immediately
preceding the date the responsible party requests the criminal records check,
the responsible party may request that BCII obtain criminal records from the
FBI as part of the criminal records check.
(e) Inform applicant: When an applicant
initially applies for a paid ombudsman position, the responsible party shall
inform the applicant of the following:
(i) If
the responsible party gives the applicant final consideration for hiring into
the position, the following shall happen:
(a)
The responsible party shall review the applicant's status in the databases
listed in paragraph (C)(2)(a) of this rule.
(b) Unless the database reviews reveal that
the responsible party shall not hire the applicant, the responsible party shall
conduct a criminal records check and the applicant shall provide a set of his
or her fingerprints as part of the criminal records check.
(ii) If the responsible party hires the
applicant, as a condition to retain the position, the responsible party shall
conduct post-hire database reviews and criminal records checks according to one
of the three schedules listed under paragraph (C)(3)(b)(ii) of this
rule.
(iii) If the responsible
party intends to charge the applicant the fees divisions (C)(2) and (C)(3) of
section 109.572 of the Revised Code
authorize the responsible party to charge, the responsible party shall inform
the applicant of the fees at the time of application.
(f) Investigation fees:
(i) The responsible party shall pay BCII the
fees that divisions (C)(2) and (C)(3) of section
109.572 of the Revised Code
authorize for each criminal records check.
(ii) The responsible party may charge the
applicant a fee for checking criminal records so long as the fee does not
exceed the amount the responsible party pays to BCII; and, if at the time of
initial application, the responsible party informed the applicant of the fee's
amount and that the responsible party would not hire the applicant if the
applicant did not pay the fee.
(g) Forms: Unless the applicant or employee
follows the procedures that BCII established in rule
109:5-1-01 of the
Administrative Code for providing fingerprints electronically and requesting
criminal records electronically, the responsible party shall complete the
following two tasks:
(i) The responsible party
shall provide each applicant or employee with the form(s) that BCII requires in
division (C)(1) of section
109.572 of the Revised
Code.
(ii) The responsible party
shall forward the completed fingerprints and forms to BCII for
processing.
(4) Conditional hiring: A responsible party
may conditionally hire an applicant for a paid ombudsman position if the
responsible party complies with all requirements and limitations under division
(F) of section 173.27 of the Revised Code. This
paragraph does not
subject employees who hold paid ombudsman
positions to a conditional status
when they undergo post-hire criminal records checks.
(5) Disqualifying offenses:
(a) Except as established in paragraph (C)(6)
of this rule, no responsible party
may hire an applicant or retain an employee if
the applicant or employee was convicted of, or pleaded guilty to, or has been
found eligible for intervention in lieu of conviction to, an offense in any of
the following sections of the Revised Code:
(i)
959.13 (cruelty to
animals).
(ii)
959.131 (prohibitions concerning
companion animals).
(iii)
2903.01 (aggravated
murder).
(iv)
2903.02
(murder)
.
(v)
2903.03 (voluntary
manslaughter).
(vi)
2903.04 (involuntary
manslaughter).
(vii)
2903.041 (reckless
homicide).
(viii)
2903.11 (felonious
assault).
(ix)
2903.12 (aggravated
assault).
(x)
2903.13
(assault)
.
(xi)
2903.15 (permitting child
abuse).
(xii)
2903.16 (knowingly or recklessly failing to provide for a
functionally-impaired person).
(xiii)
2903.21 (aggravated
menacing).
(xiv)
2903.211 (menacing by
stalking).
(xv)
2903.22
(menacing)
.
(xvi)
2903.34 (patient abuse, gross patient abuse,
patient
neglect).
(xvii)
2903.341 (patient
endangerment).
(xviii)
2905.01
(kidnapping)
.
(xix)
2905.02
(abduction)
.
(xx)
2905.04 (child stealing, as it
existed before July 1, 1996);
(xxi)
2905.05 (criminal child
enticement).
(xxii)
2905.11
(extortion)
.
(xxiii)
2905.12
(coercion)
.
(xxiv)
2905.32 (trafficking in
persons).
(xxv)
2905.33 (unlawful conduct with
respect to documents).
(xxvi)
2907.02 (rape)
.
(xxvii)
2907.03 (sexually
battery).
(xxviii)
2907.04 (unlawful sexual conduct
with a minor, formerly corruption of a minor).
(xxix)
2907.05 (gross sexual
imposition).
(xxx)
2907.06 (sexual
imposition).
(xxxi)
2907.07
(importuning)
.
(xxxii)
2907.08
(voyeurism)
.
(xxxiii)
2907.09 (public
indecency).
(xxxiv)
2907.12 (felonious sexual
penetration, as it existed before July 1, 1996).
(xxxv)
2907.21 (compelling
prostitution).
(xxxvi)
2907.22 (promoting
prostitution).
(xxxvii)
2907.23 (
enticing
or
soliciting another person to patronize a prostitute
or brothel; procurement of a prostitute for
another person to patronize).
(xxxviii)
2907.24 (soliciting, engaging in
solicitation after a positive HIV test).
(xxxix)
2907.25 (prostitution, engaging in prostitution after a positive HIV
test).
(xl)
2907.31 (disseminating matter
harmful to juveniles).
(xli)
2907.32 (pandering
obscenity).
(xlii)
2907.321 (pandering obscenity
involving a minor or impaired person).
(xliii)
2907.322 (pandering
sexually-oriented matter involving a minor or impaired
person).
(xliv)
2907.323 (illegal use of a minor
or impaired person in a nudity-oriented material or performance).
(xlv)
2907.33 (deception to obtain
matter harmful to juveniles).
(xlvi)
2909.02 (aggravated
arson).
(xlvii)
2909.03 (arson)
.
(xlviii)
2909.04 (disrupting public
services).
(xlix)
2909.22 (soliciting or providing
support for an act of terrorism).
(l)
2909.23 (making terroristic
threat).
(li)
2909.24
(terrorism)
.
(lii)
2911.01 (aggravated
robbery).
(liii)
2911.02
(robbery)
.
(liv)
2911.11 (aggravated
burglary).
(lv)
2911.12 (burglary, trespass in a habitation when a person is present or
likely to be present).
(lvi)
2911.13 (breaking and
entering).
(lvii)
2913.02 (theft)
.
(lviii)
2913.03 (unauthorized use of a
vehicle).
(lix)
2913.04 (unauthorized use of property; unauthorized use of
computer, cable, or telecommunication property;
unauthorized use of the law enforcement automated database system; unauthorized
use of the Ohio law enforcement gateway).
(lx)
2913.05 (telecommunications
fraud).
(lxi)
2913.11 (passing bad
checks).
(lxii)
2913.21 (misuse of credit
cards).
(lxiii)
2913.31 (forgery, forging
identification cards, selling or distributing forged
identification cards).
(lxiv)
2913.32 (criminal
simulation).
(lxv)
2913.40 (medicaid fraud).
(lxvi)
2913.41 (defrauding a rental
agency or hostelry).
(lxvii)
2913.42 (tampering with
records).
(lxviii)
2913.43 (securing writings by
deception).
(lxix)
2913.44 (personating an
officer).
(lxx)
2913.441 (unlawful display of
the emblem of a law
enforcement agency or an organization of law enforcement officers).
(lxxi)
2913.45 (defrauding
creditors).
(lxxii)
2913.46 (illegal use of SNAP or
WIC program benefits).
(lxxiii)
2913.47 (insurance fraud).
(lxxiv)
2913.48 (workers' compensation
fraud).
(lxxv)
2913.49 (
identity
fraud).
(lxxvi)
2913.51 (receiving stolen
property).
(lxxvii)
2917.01 (inciting to
violence).
(lxxviii)
2917.02 (aggravated riot).
(lxxix)
2917.03 (riot)
.
(lxxx)
2917.31 (inducing panic).
(lxxxi)
2919.12 (unlawful
abortion).
(lxxxii)
2919.121 (unlawful abortion upon
minor).
(lxxxiii)
2919.123 (unlawful distribution
of an abortion-inducing drug).
(lxxxiv)
2919.124 (unlawful performance
of a drug-induced abortion).
(lxxxv)
2919.22 (endangering
children).
(lxxxvi)
2919.23 (interference with
custody).
(lxxxvii)
2919.24 (contributing to
unruliness or delinquency of child).
(lxxxviii)
2919.25 (domestic
violence).
(lxxxix)
2921.03
(intimidation)
.
(xc)
2921.11
(perjury)
.
(xci)
2921.12 (tampering with
evidence).
(xcii)
2921.13 (falsification,
falsification in a theft offense, falsification to purchase a firearm,
falsification to obtain a concealed
handgun license, falsification regarding a removal
proceeding).
(xciii)
2921.21 (compounding a
crime).
(xciv)
2921.24 (disclosure of
confidential information).
(xcv)
2921.32 (obstructing
justice).
(xcvi)
2921.321 (assaulting or
harassing a police dog
or horse, assaulting or
harassing an assistance
dog).
(xcvii)
2921.34
(escape)
.
(xcviii)
2921.35 (aiding escape or
resistance to lawful authority).
(xcix)
2921.36 (illegal conveyance of
weapons, drugs, intoxicating liquor, or
a communications device
onto
the grounds of
a specified
government facility ; illegal conveyance of cash onto
the ground of a detention facility).
(c)
2921.51 (impersonation of peace
officer, private police officer, federal law
enforcement officer, or BCII investigator)
(ci)
2923.01 (conspiracy
to
commit disqualifying offense).
(cii)
2923.02 (attempt to commit
a disqualifying offense).
(ciii)
2923.03 (complicity, related to
another disqualifying offense).
(civ)
2923.12 (carrying concealed
weapons).
(cv)
2923.122 (illegal conveyance or
possession of deadly weapon or dangerous ordnance in a school safety zone,
illegal possession of an object indistinguishable from a firearm in a school
safety zone).
(cvi)
2923.123 (illegal conveyance
of a deadly weapon into a courthouse,
illegal possession or control of deadly weapon or ordnance into a
courthouse).
(cvii)
2923.13 (having weapons while
under disability).
(cviii)
2923.161 (improperly discharging
a firearm at or into a habitation,
a school
safety zone, or with the intent to cause harm or panic
to persons in a school, in a school building, or at a school function or the
evacuation of a school function).
(cix)
2923.162 (discharge of firearm
on or near prohibited premises).
(cx)
2923.21 (improperly furnishing
firearms to minor).
(cxi)
2923.32 (engaging in a pattern
of corrupt activity).
(cxii)
2923.42 (participating in
criminal gang).
(cxiii)
2925.02 (corrupting another with
drugs).
(cxiv)
2925.03 (aggravated trafficking in drugs, trafficking in
drugs, trafficking in marihuana [marijuana],
trafficking in cocaine, trafficking in LSD, trafficking in heroin, trafficking
in hashish, trafficking in a controlled substance analog, trafficking in a
fentanyl-related compound).
(cxv)
2925.04 (illegal manufacture of
drugs,
illegal cultivation of marihuana [ marijuana]).
(cxvi)
2925.041 (illegal assembly or
possession of chemicals for the manufacture of drugs).
(cxvii)
2925.05 (aggravated funding of drug or marihuana [marijuana]
trafficking, funding of drug or marihuana [
marijuana] trafficking).
(cxviii)
2925.06 (illegal administration
or distribution of anabolic steroids).
(cxix)
2925.09 (illegal administration,
dispensing, distribution, manufacture, possession, selling, or using of any
dangerous drug
to or for livestock or any animal that is generally
used for food or in the production of food, unless the drug is prescribed by a
licensed veterinarian).
(cxx)
2925.11 (aggravated possession of drugs, possession of
drugs, possession of cocaine, possession of LSD,
possession of heroin, possession of hashish, possession of a controlled
substance analog, possession of marihuana [marijuana], possession of a
fentanyl- related compound).
(cxxi)
2925.13 (permitting drug
abuse).
(cxxii)
2925.14 (illegal use,
possession, dealing, selling to a juvenile, or
advertising of drug paraphernalia).
(cxxiii)
2925.22 (deception to obtain
a dangerous
drug).
(cxxiv)
2925.23 (illegal processing of
drug documents).
(cxxv)
2925.24 (tampering with
drugs).
(cxxvi)
2925.36 (illegal dispensing of
drug samples).
(cxxvii)
2925.55 (unlawful purchase of a
pseudoephedrine product or ephedrine product, underage purchase of a
pseudoephedrine product or ephedrine product, using false information to
purchase a pseudoephedrine product or ephedrine product, improper purchase of a
pseudoephedrine product or ephedrine product).
(cxxviii)
2925.56 (unlawfully selling a
pseudoephedrine or ephedrine product; unlawfully
selling a pseudoephedrine or ephedrine product to
a minor; improper sale of a pseudoephedrine or
ephedrine product).
(cxxix)
2927.12 (ethnic
intimidation).
(cxxx)
3716.11 (placing harmful objects
in food or confection).
(b) Except as established in paragraph (C)(6)
of this rule, no responsible party
may hire an applicant or retain an employee if
the applicant or employee was convicted of, pleaded guilty to, or has been
found eligible for intervention in lieu of conviction to, an existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses described in paragraph
(C)(5)(a) of this rule.
(6) Hiring an applicant, or retaining an
employee, who has a disqualifying offense on criminal record: There are four
possible ways to hire an applicant, or retain an employee, if the applicant's
or employee's criminal record contains a disqualifying offense: not being in
a period of
disqualification under paragraph (C)(6)(a) of this rule, limited
grandfathering under paragraph (C)(6)(b) of this rule, obtaining a certificate
under paragraph (C)(6)(c) of this rule, or obtaining a pardon under paragraph
(C)(6)(d) of this rule.
(a)
Periods of
disqualification:
(i) Tier I: Permanent
disqualification:
An
applicant or employee
is in a permanent period of disqualification if
the applicant or employee was convicted of, pleaded guilty to, or has been
found eligible for intervention in lieu of conviction to, an offense in any of
the following sections of the Revised Code or an
offense of any existing or former municipal ordinance or law of this state, any
other state, or the United States that is substantially equivalent to an
offense in any of the following sections of the Revised Code:
(a)
2903.01 (aggravated
murder).
(b)
2903.02
(murder)
.
(c)
2903.03 (voluntary
manslaughter).
(d)
2903.11 (felonious
assault).
(e)
2903.15 (permitting child
abuse).
(f)
2903.16 (knowingly or recklessly failing to provide for a
functionally-impaired person).
(g)
2903.34 (patient abuse, gross patient abuse, or patient neglect).
(h)
2903.341 (patient
endangerment).
(i)
2905.01
(kidnapping)
.
(j)
2905.02
(abduction)
.
(k)
2905.32 (trafficking in
persons).
(l)
2905.33 (unlawful conduct with
respect to documents).
(m)
2907.02 (rape)
.
(n)
2907.03 (sexual battery).
(o)
2907.04 (unlawful sexual conduct
with a minor, formerly corruption of a minor).
(p)
2907.05 (gross sexual
imposition).
(q)
2907.06 (sexual
imposition).
(r)
2907.07
(importuning)
.
(s)
2907.08
(voyeurism)
.
(t)
2907.12 (felonious sexual
penetration).
(u)
2907.31 (disseminating matter
harmful to juveniles).
(v)
2907.32 (pandering
obscenity).
(w)
2907.321 (pandering obscenity
involving a minor or impaired person).
(x)
2907.322 (pandering
sexually-oriented matter involving a minor or impaired
person).
(y)
2907.323 (illegal use of a minor
or impaired person in a nudity- oriented material or performance).
(z)
2909.22 (soliciting or providing
support for an act of terrorism).
(aa)
2909.23 (making terroristic
threats).
(bb)
2909.24
(terrorism)
.
(cc)
2913.40 (medicaid fraud).
(dd) If related to another offense
under
paragraph (C)(6)(a)(i) of this rule,
2923.01
(conspiracy),
2923.02
(attempt), or
2923.03
(complicity)
.
(ee)
Any other section of the Revised
Code related to fraud, theft, embezzlement, breach of fiduciary
responsibility, or other financial misconduct involving a federal or
state-funded program
other than section
2913.46 (illegal use of SNAP or
WIC program benefits).
(ii) Tier II: Ten-year
period of disqualification:
(a)
An applicant or employee is subject to a
ten-year period of disqualification which ends ten years after the date
the applicant or employee was fully discharged from all imprisonment,
probation, or parole, if the applicant or employee was convicted of, pleaded
guilty to, or has been found eligible for intervention in lieu of conviction
to, an offense in any of the following sections of the Revised Code
or an offense of any existing or former municipal
ordinance or law of this state, any other state, or the United States that is
substantially equivalent to an offense in any of the following sections of the
Revised Code:
(i)
2903.04 (involuntary
manslaughter).
(ii)
2903.041 (reckless
homicide).
(iii)
2905.04 (child stealing, as it
existed before July 1, 1996).
(iv)
2905.05 (child
enticement).
(v)
2905.11
(extortion)
.
(vi)
2907.21 (compelling
prostitution).
(vii)
2907.22 (promoting
prostitution).
(viii)
2907.23 (
enticing
or
soliciting another person to patronize a prostitute
or brothel; procurement of a prostitute for
another person to patronize).
(ix)
2909.02 (aggravated
arson).
(x)
2909.03 (arson)
.
(xi)
2911.01 (aggravated
robbery).
(xii)
2911.11 (aggravated
burglary).
(xiii)
2913.46 (illegal use of SNAP or
WIC program benefits).
(xiv)
2913.48 (worker's compensation
fraud).
(xv)
2913.49 (identity fraud).
(xvi)
2917.02 (aggravated riot).
(xvii)
2923.12 (carrying concealed
weapons).
(xviii)
2923.122 (illegal conveyance or
possession of deadly weapon or dangerous ordnance in a school safety zone,
illegal possession of an object indistinguishable from a firearm in a school
safety zone).
(xix)
2923.123 (illegal conveyance
of a deadly weapon into a courthouse,
possession or control of deadly weapon or
ordnance into a courthouse).
(xx)
2923.13 (having weapons while
under disability).
(xxi)
2923.161 (improperly discharging
a firearm at or into a habitation,
a school
safety zone, or with the intent to cause harm or panic
to persons in a school, in a school building, or at a school function or the
evacuation of a school function).
(xxii)
2923.162 (discharge of firearm
on or near prohibited premises).
(xxiii)
2923.21 (improperly furnishing
firearms to a minor).
(xxiv)
2923.32 (engaging in a pattern
of corrupt activity).
(xxv)
2923.42 (participating in a
criminal gang).
(xxvi)
2925.02 (corrupting another with
drugs).
(xxvii)
2925.03 (aggravated trafficking in drugs, trafficking in
drugs, trafficking in marihuana [marijuana],
trafficking in cocaine, trafficking in LSD, trafficking in heroin, trafficking
in hashish, trafficking in a controlled substance analog, trafficking in a
fentanyl-related compound).
(xxviii)
2925.04 (illegal manufacture of
drugs,
illegal cultivation of marihuana [ marijuana]).
(xxix)
2925.041 (illegal assembly or
possession of chemicals for the manufacture of drugs).
(xxx)
3716.11 (placing harmful or
hazardous objects in food or confection).
(xxxi) If related to another offense listed
under paragraph (C)(6)(a)(ii)(a) of this rule,
2923.01
(conspiracy), 2923.02 (attempt), or
2923.03
(complicity)
.
(b) An applicant or employee is subject to a
fifteen-year period
of disqualification which ends fifteen years after the
date the applicant or employee was fully discharged form all imprisonment,
probation, or parole if the applicant, or employee was convicted of
multiple disqualifying offenses, including an offense listed under paragraph
(C)(6)(a)(ii)(a) of this rule, and another offense or offenses listed under
paragraph (C)(6)(a)(ii)(a), (C)(6)(a)(iii)(a), or (C)(6)(a)(iv)(a) of this
rule, and if the multiple disqualifying offenses are not the result of, or
connected to, the same act.
(iii) Tier III: Seven-year
period of disqualification:
(a)
An applicant or employee is subject to a seven-year
period of disqualification which ends seven years after the date of full
discharge from all imprisonment, probation, or parole) if the applicant
or employee was convicted of, pleaded guilty to, or has been found eligible for
intervention in lieu of conviction to, an offense in any of the following
sections of the Revised Code or an offense of any
existing or former municipal ordinance or law of this state, any other state,
or the United States that is substantially equivalent to an offense in any of
the following sections of the Revised Code:
(i) 959.13 (cruelty to animals).
(ii)
959.131 (prohibitions concerning
companion animals).
(iii)
2903.12 (aggravated
assault).
(iv)
2903.21 (aggravated
menacing).
(v)
2903.211 (menacing by
stalking).
(vi)
2905.12
(coercion)
.
(vii)
2909.04 (disrupting public
services).
(viii)
2911.02
(robbery)
.
(ix)
2911.12 (burglary, trespass in a habitation when a person is present or
likely to be present).
(x)
2913.47 (insurance fraud).
(xi)
2917.01 (inciting to
violence).
(xii)
2917.03 (riot)
.
(xiii)
2917.31 (inducing panic).
(xiv)
2919.22 (endangering
children).
(xv)
2919.25 (domestic
violence).
(xvi)
2921.03
(intimidation)
.
(xvii)
2921.11
(perjury)
.
(xviii)
2921.13 (falsification,
falsification in a theft offense, falsification to purchase a firearm, or
falsification to obtain a concealed handgun license,
falsification regarding a removal proceeding).
(xix)
2921.34
(escape)
.
(xx)
2921.35 (aiding escape or
resistance to lawful authority).
(xxi)
2921.36 (illegal conveyance of
weapons, drugs, intoxicating liquor, or
a communications device onto the grounds of a
government facility
illegal conveyance of cash onto
the grounds of a detention facility).
(xxii)
2925.05 (aggravated funding of drug or marihuana [marijuana]
trafficking, funding of drug
or marihuana [marijuana] trafficking).
(xxiii)
2925.06 (illegal administration
of distribution of anabolic steroids).
(xxiv)
2925.24 (tampering with
drugs).
(xxv)
2927.12 (ethnic
intimidation).
(xxvi)
If related to another offense listed under paragraph (C)(6)(a)(iii)(a) of this
rule, 2923.01
(conspiracy),
2923.02
(attempt), or
2923.03
(complicity)
.
(b) An applicant or employee is subject to a
ten-year period
of disqualification which ends ten years after the date
of full discharge from all imprisonment, probation, or parole if the
applicant or employee was convicted of multiple disqualifying offenses,
including an offense listed under paragraph (C)(6)(a)(iii)(a) of this rule, and
another offense or offenses listed under paragraph (C)(6)(a)(iii)(a) or
(C)(6)(a)(iv)(a) of this rule, and if the multiple disqualifying offenses are
not the result of, or connected to, the same act.
(iv) Tier IV: Five-year
period of disqualification:
(a)
An applicant or employee is subject to a five-year
period of disqualification which ends five years after the date of full
discharge five years from the date the applicant or employee was fully
discharged from all imprisonment, probation, or parole) if the applicant or
employee was convicted of, pleaded guilty to, or has been found eligible for
intervention in lieu of conviction to, an offense in any of the following
sections of the Revised Code or an offense of any
existing or former municipal ordinance or law of this state, any other state,
or the United States that is substantially equivalent to an offense in any of
the following sections of the Revised Code:
(i)
2903.13
(assault)
.
(ii)
2903.22
(menacing)
.
(iii)
2907.09 (public
indecency).
(iv)
2907.24 (soliciting, engaging in
solicitation after a positive HIV test).
(v)
2907.25 (prostitution, engaging in prostitution after a positive HIV
test).
(vi)
2907.33 (deception to obtain
matter harmful to juveniles).
(vii)
2911.13 (breaking and
entering).
(viii)
2913.02 (theft)
.
(ix)
2913.03 (unauthorized use of a
vehicle).
(x)
2913.04 (unauthorized use of property; unauthorized use of
computer, cable, or telecommunication property;
unauthorized use of the law enforcement automated database system; unauthorized
use of the Ohio law enforcement gateway).
(xi)
2913.05 (telecommunications
fraud).
(xii)
2913.11 (passing bad
checks).
(xiii)
2913.21 (misuse of credit
cards).
(xiv)
2913.31 (forgery, forging
identification cards, selling or distributing forged
identification cards).
(xv)
2913.32 (criminal
simulation).
(xvi)
2913.41 (defrauding a rental
agency or hostelry).
(xvii)
2913.42 (tampering with
records).
(xviii)
2913.43 (securing writings by
deception).
(xix)
2913.44 (personating an
officer).
(xx)
2913.441 (unlawful display of
the emblem of a law
enforcement agency or an organization of law enforcement officers).
(xxi)
2913.45 (defrauding
creditors).
(xxii)
2913.51 (receiving stolen
property).
(xxiii)
2919.12 (unlawful
abortion).
(xxiv)
2919.121 (unlawful abortion upon
minor).
(xxv)
2919.123 (unlawful distribution
of an abortion- inducing drug).
(xxvi)
2919.124 (unlawful performance
of a drug-induced abortion).
(xxvii)
2919.23 (interference with
custody).
(xxviii)
2919.24 (contributing to the
unruliness or delinquency of a child).
(xxix)
2921.12 (tampering with
evidence).
(xxx)
2921.21 (compounding a
crime).
(xxxi)
2921.24 (disclosure of
confidential information).
(xxxii)
2921.32 (obstructing
justice);
(xxxiii)
2921.321 (assaulting or
harassing a police dog
or horse,
assaulting or harassing an assistance
dog).
(xxxiv)
2921.51 (impersonation of peace
officer, private police officer, federal law
enforcement officer, or BCII investigator).
(xxxv)
2925.09 (illegal administration,
dispensing, distribution, manufacture, possession, selling, or using of any
dangerous drug
to or for livestock or any animal that is generally
used for food or in the production of food, unless the drug is prescribed by a
licensed veterinarian).
(xxxvi)
2925.11 (aggravated possession of drugs,
possession of
drugs, possession of drugs, possession of cocaine, possession of LSD,
possession of heroin, possession of hashish, possession of a controlled
substance analog, possession of marihuana [marijuana], possession of a
fentanyl-related compound), unless a minor drug possession offense.
(xxxvii)
2925.13 (permitting drug
abuse).
(xxxviii)
2925.22 (deception to obtain a
dangerous drug).
(xxxix)
2925.23 (illegal processing of
drug documents).
(xl)
2925.36 (illegal dispensing of
drug samples).
(xli)
2925.55 (unlawful purchase of a
pseudoephedrine product or ephedrine product, underage purchase of a
pseudoephedrine product or ephedrine product, using false information to
purchase a pseudoephedrine product or ephedrine product, improper purchase of a
pseudoephedrine product or ephedrine product).
(xlii)
2925.56 (unlawfully selling a
pseudoephedrine product or ephedrine product;
unlawfully selling a pseudoephedrine product or
ephedrine product to a minor; improper sale of a pseudoephedrine product
or ephedrine product).
(xliii) If related to another offense listed
under paragraph (C)(6)(a)(iv)(a) of this rule,
2923.01
(conspiracy), 2923.02 (attempt), or
2923.03
(complicity)
.
(b) An applicant or employee is subject to a
seven-year period
of disqualification beginning on the date of full
discharge form all imprisonment, probation, or parole if the applicant or
employee was convicted of multiple disqualifying offenses listed under
paragraph (C)(6)(a)(iv)(a) of this rule, and if the multiple disqualifying
offenses are not the result of, or connected to, the same act.
(v) Tier V: No
period of disqualification:
An
applicant or employee
is subject to a period of no period of
disqualification if the applicant or employee was convicted of, pleaded
guilty to, or has been found eligible for intervention in lieu of conviction
to, an offense in any of the following sections of the Revised Code
or an offense of any existing or former municipal
ordinance or law of this state, any other state, or the United States that is
substantially equivalent to an offense in any of the following sections of the
Revised Code:
(a)
2925.11 (drug possession), but
only if a minor drug possession offense.
(b)
2925.14 (illegal use,
possession, dealing, selling, or advertising of drug paraphernalia).
(b)
Grandfathered:
For the purposes of this rule, an employee if the
employee would otherwise have been
disqualified from a paid ombudsman position
because the employee was convicted of, pleaded guilty to, or has been found
eligible for intervention in lieu of conviction to, an offense(s) listed under
paragraph (C)(6)(a)(iv) of this rule, but only if all of the following three
requirements were met:
(i) The responsible
party hired the employee before January 1, 2013.
(ii) The employee's conviction or guilty plea
occurred before January 1, 2013.
(iii) The responsible party considered the
nature and seriousness of the offense(s), and attested in writing before April
1, 2013, to the character and fitness of the employee based upon the employee's
demonstrated work performance.
(c)
Certified:
For the purposes of this rule, an applicant or employee
is certified if the applicant's or employee's conviction of, plea of guilty to,
or eligibility for intervention in lieu of conviction to a disqualifying
offense that is not one of the disqualifying
offenses listed under paragraph (C)(6)(a)(i) of this rule if the applicant or
employee was issued either of the following:
(i) Certificate of qualification for
employment issued by a court of common pleas with competent jurisdiction
pursuant to section 2953.25 of the Revised Code (A
person may petition for a certificate of qualification for employment on "The
Ohio Certificate of Qualification for Employment Online Petition Website" or
https://www.drccqe.com/).
(ii) Certificate of achievement and
employability in a home and community-based service-related field, issued by
the department of rehabilitation and corrections pursuant to section
2961.22 of the Revised
Code.
(d)
Pardoned:
An
applicant or employee is pardoned from any disqualifying offense listed
or described in paragraph (C)(5) of this rule under any of the following
circumstances:
(i) The applicant or employee
was granted an unconditional pardon for the offense pursuant to Chapter 2967.
of the Revised Code.
(ii) The
applicant or employee was granted an unconditional pardon for the offense
pursuant to an existing or former law of this state, any other state, or the
United States, if the law is substantially equivalent to Chapter 2967. of the
Revised Code.
(iii) The conviction
or guilty plea was set aside pursuant to law.
(iv) The applicant or employee was 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.
(7)
Confidentiality: Criminal records are not public records. The responsible party
shall only make criminal records available to the following people
(a) The applicant or employee who is the
subject of the criminal records check or the applicant's or employee's
representative.
(b) The responsible
party or the responsible party's designee.
(c) The state long-term care ombudsman or a
representative of the office of the state long-term care ombudsman program who
is responsible for monitoring the regional program's compliance.
(d) A court, hearing officer, or other
necessary individual involved in a case dealing with any of the following:
(i) A denial of employment of the applicant
or employee.
(ii) Employment or
unemployment benefits of the applicant or employee.
(iii) A civil or criminal action regarding
the medicaid program or an ODA-administered program.
(8) Records retention:
(a) Personnel files:
(i) What to retain: To verify compliance with
this rule, for each applicant the responsible party hired and each employee the
responsible party retained, the responsible party shall retain electronic or
paper copies of the following records:
(a) The
result of each of the database reviews.
(b) Any criminal records including reverified
records received as a result of a check conducted to comply with section
173.27 of the Revised
Code.
(c) The written attestation
to the character and fitness of the employee, if the responsible party
completed a written attestation before April 1, 2013 to comply with paragraph
(C)(6)(c)(1) of this rule.
(d) A
certificate of qualification for employment, if a court issued a certificate of
qualification for employment to the employee.
(e) A certificate of achievement and
employability, if the department of rehabilitation and corrections issued a
certificate of achievement and employability to the employee.
(f) A pardon, if a governor pardoned the
employee.
(g)
The date the responsible party hired the
employee.
(ii)
Sealed files: The responsible party shall retain the records required under
paragraph (C)(8)(a)(i) of this rule by sealing the records within each
applicant's or each employee's personnel files or by retaining the records in
separate files from the personnel files.
(b) Roster: A responsible party shall
maintain a roster of applicants and employees, accessible by ODA's director (or
the director's designees), that includes all the following:
(i) The name of each applicant and
employee.
(ii) The date the
responsible party hired the employee.
(iii) The date the responsible party
requested criminal records from BCII.
(iv) The date the responsible party received
criminal records from BCII.
(v) A
determination of whether the criminal records revealed that the applicant or
employee committed a disqualifying offense(s).
(9) Immunity from negligent hiring: 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 applicant or employee, all of
the following apply:
(a) If the responsible
party hired the applicant or retained the employee in good faith and reasonable
reliance upon the applicant's or employee's criminal record, the responsible
party shall not be found negligent solely because of its reliance on the
criminal record, even if the criminal record is later determined to have been
incomplete or inaccurate.
(b) If
the responsible party conditionally hired the applicant in good faith and in
compliance with paragraph (C)(4) of this rule, the responsible party shall not
be found negligent solely because it hired the applicant before receiving the
applicant's criminal record.
(c) If
the responsible party in good faith hired an applicant or retained an employee
because paragraph (C)(6) of this rule allows the responsible party to hire an
applicant or retain an employee with a disqualifying offense on his or her
criminal record, the responsible party shall not be negligent solely because
the applicant or employee has been convicted of, or pleaded guilty to, a
disqualifying offense.
(D) Background checks for volunteers in ombudsman positions: Because section 173.27 of the Revised Code excludes volunteers from the definitions of "applicant" and "employee," volunteers are not subject to the background check requirements in section 173.27 of the Revised Code or paragraph (C) of this rule when they apply to volunteer or after they become volunteers. A responsible party may conduct a criminal records check on a volunteer if the responsible party complies with rule 109:5-1-01 of the Administrative Code, but the check may only involve reviewing sealed records if the volunteer who is the subject of the check authorizes the responsible party to view sealed records according to division (D)(3) of section 2953.32 of the Revised Code.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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