Current through all regulations passed and filed through September 16, 2024
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.
