Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-60 - Home Health Agencies
Section 3701-60-09 - Disqualifying offenses exclusionary periods; certificates; pardons
Universal Citation: OH Admin Code 3701-60-09
Current through all regulations passed and filed through September 16, 2024
(A) Disqualifying offense exclusionary periods: Except as set forth in paragraphs (B), (C) and (D) of this rule, a home health agency may employ an applicant or continue to employ an employee who has been convicted of, pleaded guilty to, or found eligible for intervention in lieu of conviction guilty of an offense listed in rule 3701-60-08 of the Administrative Code in a position involving providing direct care to an individual pursuant to the following exclusionary periods:
(1)
Tier I: permanent exclusion: No home health agency
shall employ an applicant or continue to employ an employee in a position
involving providing direct care to an individual who has been convicted of, or
pleaded guilty to, an offense in any of the following sections of the Revised
Code or an offensce of any 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 following sections of the Revised Code:
(a)
2903.01 (aggravated
murder);
(b)
2903.02(murder);
(c)
2903.03 (voluntary
manslaughter);
(d)
2903.06 (aggravated vehicular
homicide, vehicular homicide, vehicular manslaughter
(e)
2903.08 (aggravated vehicular
assault, vehicular assault);
(f)
2903.11 (felonious
assault);
(g)
2903.15 (permitting child
abuse);
(h)
2903.16 (knowingly or recklessly
failing to provide for a functionally-impaired person);
(i)
2903.34 (patient abuse, gross
patient abuse, patient neglect);
(j)
2903.341 (patient
endangerment);
(k)
2905.01(kidnapping);
(l)
2905.02(abduction);
(m)
2905.32 (trafficking in
persons);
(n)
2905.33 (unlawful conduct with
respect to documents);
(o)
2907.02(rape);
(p)
2907.03 (sexual
battery);
(q)
2907.04 (unlawful sexual conduct
with a minor, formerly corruption of a minor);
(r)
2907.05 (gross sexual
imposition);
(s)
2907.06 (sexual
imposition);
(t)
2907.07(importuning);
(u)
2907.08(voyeurism);
(v)
2907.12 (felonious sexual
penetration);
(w)
2907.31 (disseminating matter
harmful to juveniles);
(x)
2907.32 (pandering
obscenity);
(y)
2907.321 (pandering obscenity
involving a minor or impaired person);
(z)
2907.322 (pandering
sexually-oriented matter involving a minor or impaired person);
(aa)
2907.323 (illegal use of a minor
or impaired person in nudity-oriented material or performance);
(bb)
2909.22 (soliciting or providing
support for an act of terrorism);
(cc)
2909.23 (making a terroristic
threat);
(dd)
2909.24(terrorism);
(ee)
2913.40 (medicaid
fraud);
(ff)
If related to another offense under paragraph (A)(1) of
this rule, 2923.01(conspiracy),
2923.02(attempt),
or 2923.03(complicity);
or
(2)
Tier II: ten-year exclusionary period:
(a)
No home health
agency shall employ an applicant or continue to employ an employee in a
position providing direct care to an individual for a period of ten years from
the date the applicant or employee was fully discharged from all imprisonment,
probation, or parole, if the applicant or employee has been convicted of, or
pleaded guilty to, an offense in any of the following sections of the Revised
Code or an offence of any 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 following sections of the Revised Code:
(i)
2903.04 (involuntary
manslaughter);
(ii)
2903.041 (reckless
homicide);
(iii)
2905.04 (child stealing, as it
existed prior to 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; 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, 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, 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, cultivation of 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 under paragraph (A)(2)(a) of this rule,
2923.01(conspiracy),
2923.02
(attempt), or
2923.03(complicity);
or,
(xxxii)
An offense of 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 under paragraphs (A)
(2)(a)(i) to (A)(2)(a)(xxxi) of this rule.
(b)
If an applicant
or employee has been convicted of multiple disqualifying offenses, including an
offense listed in paragraph (A)(2)(a) of this rule, and another offense or
offenses listed in paragraph (A)(2)(a), (A)(3)(a), or (A)(4)(a) of this rule,
and if the multiple disqualifying offenses are not the result of, or connected
to, the same act, the applicant or employee is subject to a fifteen-year
exclusionary period.
(3)
Tier III:
seven-year exclusionary period:
(a)
No employer shall employ an applicant or continue to
employ an employee in a position providing direct car to an individual for a
period of seven years from the date the applicant or employee was fully
discharged from all imprisonment, probation, or parole, if the applicant or
employee has been convicted of, or pleaded guilty to, any offense in any of the
following sections of the Revised Code or an offence of any 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 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 specified government facility, illegal conveyance of cash onto the
grounds of a detention facility);
(xxii)
2925.05 (funding drug
trafficking);
(xxiii)
2925.06 (illegal administration
of distribution of anabolic steroids);
(xxiv)
2925.24 (tampering with
drugs);
(xxv)
2927.12 (ethnic intimidation);
or
(xxvi)
If related to another offense under paragraph (A)(3)(a)
of this rule, 2923.01(conspiracy),
2923.02
(attempt), or
2923.03(complicity).
(b)
If an
applicant or employee has been convicted of multiple disqualifying offenses,
including an offense listed in paragraph (A)(3)(a) of this rule, and another
offense or offenses listed in paragraph (A)(3)(a) or (A)(4)(a) of this rule,
and if the multiple disqualifying offenses are not the result of, or connected
to, the same act, the applicant or employee is subject to a ten-year
exclusionary period.
(4)
Tier IV:
five-year exclusionary period:
(a)
No home health agency shall employ and applicant or
continue to employ an employee in a position providing direct care to an
individual for a period of five years from the date the applicant or employee
was fully discharged from all imprisonment, probation, or parole, if the
applicant or employee has been convicted of, or pleaded guilty to, and offense
in any of the following sections of the Revised Code or an offence of any
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 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 or 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 cocaine, possession of LSD,
possession of heroin, possession of hashish, possession of a controlled
substance analog, possession of marihuana, 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)
(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); or,
(xliii)
If related to
another offense under paragraph (A)(4)(a) of this rule,
2923.01(conspiracy),
2923.02
(attempt), or
2923.03(complicity).
(b)
If an
applicant or employee has been convicted of multiple disqualifying offenses
listed in paragraph (A)(4)(a) of this rule, and if the multiple disqualifying
offenses are not the result of, or connected to, the same act, the applicant or
employee is subject to a seven-year exclusionary period.
(5)
Tier
V: no exclusionary period: A home health agency may employ an applicant or
continue to employ an employee in a position providing direct care to an
individual who has been convicted of, or pleaded guilty to, 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 any of the following sections of the
Revised Code:
(a)
2925.11 (drug possession that is
a minor drug possession offense);
(b)
2925.14 (illegal use,
possession, dealing, selling to a juvenile, or advertising of drug
paraphernalia); or
(c)
2925.141 (illegal use or
possession of marihuana drug paraphernalia).
(B) Certificates: Except for individual with a disqualifying offense listed in paragraph (A) (1) of this rule, a home health agency may hire an applicant or continue to employ an employee who has been issued either a:
(1)
Certificate of qualification for employment issued by a
court of common pleas with competent jurisdiction pursuant to section
2953.25 of the Revised Code;
or,
(2)
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.
(C) Limited grandfathering: A home health agency may continue to employ an employee who is otherwise excluded by paragraph (A)(4) of this rule if:
(1)
The offense or offenses are listed in paragraph (A)(4)
of this rule;
(2)
The employee was hired prior to January 1,
2013;
(3)
The conviction or plea of guilt occurred prior to
January 1, 2013;
(4)
The home health agency has considered the nature and
seriousness of the offense or offenses and attests, in writing prior to April
1, 2013, to the employee's character and fitness based on their demonstrated
work performance.
(D) Pardons: A conviction or a plea of guilty to an offense listed or described in rule 3701-60-08 of the Administrative Code shall not prevent an applicant's employment or an employee's continued employment under any of the following circumstances:
(1)
The applicant or
employee has been granted an unconditional pardon for the offense pursuant to
Chapter 2967. of the Revised Code;
(2)
The applicant or
employee has been 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;
(3)
The conviction or guilty plea has been set aside
pursuant to law; or,
(4)
The applicant or employee 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.
Replaces: 3701-60-09
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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