Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-13 - Hiring of Direct-Care Provider Employees
Section 3701-13-05 - Disqualifying offenses
Universal Citation: OH Admin Code 3701-13-05
Current through all regulations passed and filed through September 16, 2024
(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
(c)
2903.03 -- Voluntary
manslaughter
(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.
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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