Current through all regulations passed and filed through December 16, 2024
(A)
Definitions.
(1)
"Board" means any board authorized pursuant to Chapter
340. of the Revised Code, such as a board of alcohol, drug addiction, and
mental health services; an alcohol and drug addiction services board ; or a
community mental health board.
(2)
"Consultation"
means the process described in this rule by which the department seeks
information from relevant constituencies prior to the establishment of rules,
standards, and guidelines. Such communications may be written or oral, in group
or individual meetings, by review of proposals or responses, or other
appropriate methods.
(3)
"Department " means the Ohio department of mental
health and addiction services.
(4)
"Guideline" means
a written set of principles by which to make a judgment or determine a course
of action and which is required to be issued by the department under Chapter
340. or 5119. of the Revised Code.
(5)
"Rule" as defined
by division (C) of section
119.01 of the Revised Code,
means a written statement having a general and uniform operation, adopted under
Chapter 119. of the Revised Code, and enforced by the department under the
authority of the laws governing the department.
(6)
"Standard" means
those standards required to be adopted as rules under Chapter 5119. of the
Revised Code.
(B)
Procedure for adopting rules, standards, and
guidelines:
This paragraph sets forth the procedure
that shall be used be the department when taking actions with respect to rules,
guidelines, or standards.
(1)
The department identifies rules, standards, or
guidelines in need of either a change (amendment, rescission, or a new rule) or
a rule due for the statutorily required five-year review, stakeholders may also
propose changes or requests reviews of rules.
(2)
The department
develops proposals internally. During this development phase the department may
consult with clinical roundtables and individual stakeholders, convene public
meetings, or create ad-hoc committees.
(3)
Upon internal
approval of a proposal, the department shall then conduct a notification and
consultation period by posting the proposal to the department's draft rules
website and notifying stakeholders through the department's "adminrules" email
list. The notification and consultation period shall be fourteen calendar days,
unless circumstances require a different duration, and stakeholders may provide
input for the department's consideration during this period.
(4)
If the proposed
rules have an adverse impact on business, as defined by section
107.52 of the Revised Code, the
notification and consultation period may run concurrently with the review of
the rule proposal by the common sense initiative office (CSIO) as warranted by
the subject matter of the rule. If the notification and consultation period and
the CSIO review run concurrently, the proposal shall be posted to the draft
rules website with the business impact analysis (BIA) and the review period
shall be a minimum of fifteen business days.
(5)
During the
notification and consultation period the department may use additional means
beyond the email list to gather stakeholder input. The department may meet with
individual stakeholders, convene public meetings, hold public hearings, or
create ad-hoc committees.
(6)
The department shall review all input received during
the notification and consultation period, and may change the proposal as
warranted.
(7)
At the completion of the notification and consultation
period, rules that were not submitted to CSIO concurrently with the
notification and consultation period and which have an adverse impact shall be
submitted for review by the CSIO for a minimum of fifteen business days and the
BIA shall be posted to the draft rules website.
(8)
Once the proposed
rules have passed through the notification and consultation period and the CSIO
review, if applicable, the proposed rules may be filed in accordance with
either section 111.15 of the Revised Code or
section 119.03 of the Revised Code.
Public hearings shall be noticed and conducted in accordance with the statutory
provisions under which the rules are promulgated.
Proposed guidelines and standards may
be adopted as effective at the conclusion of the notification and consultation
period. Changes made to rules, guidelines, or standards after the notification
and consultation period or the CSIO review do not require another notification
and consultation period.