Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-64 - Abuse or Neglect in Long-Term Care Facilities
Section 3701-64-01 - Definitions
Current through all regulations passed and filed through September 16, 2024
As used in this chapter:
(A) "Abuse" means any of the following:
(B) "Accused" means the person that provides a service to a resident from which the resident or facility benefits who is named in an allegation or implicated in an investigation of abuse or neglect of a resident of a long-term care facility or misappropriation of property of such a resident.
(C) "Chemical restraint" means any medication bearing the "American Hospital Formulary Service" therapeutic class 4.00, 28:16:08, 28:24:08, or 28:24:92 (as they exist November 24, 2017) that alters the functioning of the central nervous system in a manner that limits physical and cognitive functioning to the degree that the resident cannot attain his highest practicable physical, mental, and psychosocial well-being.
(D) "Day" means one calendar day.
(E) "Director" means the director of health or any person to whom the director of health delegates his or her authority.
(F) "Exploitation" means taking advantage of a resident, regardless of whether the action was for personal gain, whether the resident knew of the action, or whether the resident was harmed.
(G) "Licensed health professional" means all of the following:
(H) "Long-term care facility" means either of the following:
(I) "Misappropriation" means depriving, defrauding, or otherwise obtaining the real or personal property of a resident by any means prohibited by the Revised Code, including violations of Chapter 2911. or 2913. of the Revised Code.
(J) "Neglect" means recklessly failing to provide a resident with any treatment, care, goods, or service necessary to maintain the health or safety of the resident when the failure results in serious physical harm to the resident. "Neglect" does not include allowing a resident, at the resident's option, to receive only treatment by spiritual means through prayer in accordance with the tenets of a recognized religious denomination.
(K) "Nurse aide" means an individual who provides nursing and nursing-related services to residents in a long-term care facility, either as a member of the staff of the facility for monetary compensation or as a volunteer without monetary compensation. "Nurse aide" does not include either of the following:
(L) "Physical abuse" means knowingly causing physical harm or recklessly causing serious physical harm to a resident through either of the following:
(M) "Physical contact" includes, but is not limited to, hitting, slapping, pinching, kicking. Physical contact also includes sexual contact.
(N) "Physical restraint" means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, a geriatric chair, or a locked room door.
(O) "Psychological abuse" means knowingly or recklessly causing psychological harm to a resident, whether verbally or by action.
(P) "Resident" includes a resident, patient, former resident or patient, or deceased resident or patient of a long-term care facility or residential care facility.
(Q) "Residential care facility" has the same meaning as in section 3721.01 of the Revised Code.
(R) "Religious nonmedical health care institution" means an institution that meets or exceeds the conditions to receive payment under the medicare program established under Title XVIII of the "Social Security Act" for inpatient hospital services or posthospital extended care services furnished to an individual in a religious nonmedical health care institution, as defined in section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395x(ss)(1), as amended (2011).
(S) "Sexual abuse" means sexual conduct or sexual contact with a resident, as those terms are defined in section 2907.01 of the Revised Code.
(T) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(U) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
