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Ohio Department of Mental Health & Addiction Services Rules

The Ohio Revised Code grants rule-making authority to the Ohio Department of Mental Health & Addiction Services to adopt new rules, and amend or rescind current rules. Rules become part of the Ohio Administrative Code, and assist the Department of Mental Health & Addiction Services in executing its duty to carry out provisions of the Ohio Revised Code. Rules adopted by the Department establish standards for private psychiatric inpatient hospitals, community mental health agencies, community psychiatric forensic centers, client rights and grievance processes, construction assistance for community mental health facilities, pre-admission screening and resident review, fiscal administration, and operations management.

If you would like more information on the Ohio Department of Mental Health & Addiction Services rule-making process, please see below.

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Draft Rules

These are rules that Department staff are drafting and editing, and have not yet been formally proposed for adoption. As part of the public participation process, the Department solicits and encourages input from affected organizations and individuals.

Pending Rules

These are rules that the Department has proposed to adopt by filing them with the Joint Committee on Agency Rule Review (JCARR) for a formal review. This process also includes a public hearing. 

Listserv

To facilitate communications about work related to rules, the Ohio Department of Mental Health & Addiction Services provides an e-mail listserv for any interested constituent, including providers, consumers, family members, trade associations, and other interested parties. OhioMHAS will continue to use the existing listservs to send communications to Executive Directors of Certified Community Mental Health Agency Executive Directors and Administrators of Licensed Private Psychiatric Hospital Administrators. OhioMHAS will use the listservs to notify subscribers of activity related to rules, including communication about draft, pending and enacted rules, and information on rule training.


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Administrative Rules Activity Notification
Community Behavioral Health Agency and Type 1 MH Residential Facility
Private Psychiatric Hospital
Type 2 & Type 3 Residential Facility, Adult Care Facility and Adult Foster Home
 

Rules Process

  1. The Department will identify 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 present proposals, changes, or request reviews of rules.
  2. The Department will develop 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 will 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 will 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 rules shall be posted to the draft rules website with the Business Impact Analysis (BIA), and the review period will be a minimum of fifteen business days. 
  5. During the notification and consultation period the Department may use additional means beyond the email distribution 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 will 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.

Alcohol and Drug Addiction Programs [3793:2-1]

3793:2-1-08 Treatment services.
3793:2-1-11 Alcohol and drug treatment services provided by interactive videoconferencing.
3793:2-1-12 Alcohol and drug treatment services provided by interactive videoconferencing for clients that are deaf or hearing impaired.

Public Hearings and Method of Notice [5122-1]

5122-1-02 Public hearings and method of notice.
5122-1-04 Access to confidential personal information.
5122-1-28 Industrial and entertainment funds.
5122-1-29
Operation of regional psychiatric hospital commissaries.

Grievances; Death; Psychotropic Medication, Etc. [5122-2]

5122-2-04 Client complaint and grievance procedure for regional hospital inpatient services.
5122-2-13 Medication practices in regional psychiatric hospitals.

Client Services: Personnel [5122-7]

5122-7-02 Client rights within regional psychiatric hospitals.
5122-7-21
Background check on applicants.

Waiting List for Alcohol and Drug Addiction Services [5122-8]

5122-8-01 Waiting list for alcohol and drug addiction services.
5122-8-01 Appendix A Waiting list services and recovery supports - Appendix A.

Management of Funds [5122-9]

5122-9-10 Management and control of internal funds.

Licensure of Inpatient Psychiatric Service Providers [5122-14]

5122-14 Download chapter.
5122-14-01 Definitions and applicability.
5122-14-02 Accreditation.
5122-14-03 Licensure procedure.
5122-14-04 Classification of licenses.
5122-14-05 Termination of license.
5122-14-06 Waivers and variances.
5122-14-07 Display of license.
5122-14-08 Fee schedule.
5122-14-10 Patient safety and physical plant requirements.
5122-14-11 Patient rights, participation and education.
5122-14-12 Program specialty services and discharge planning requirements.
5122-14-13 Medical records, documentation and confidentiality.
5122-14-14 Incident notification and risk management.

Pre-admission Screening and Resident Review [5122-21]

5122-21-03 Pre-admission screening and resident review (PASRR) for
nursing facility applicants and residents with serious mental
illness.

Supplemental Services Fund [5122-22]

5122-22-01 Trusts for supplemental services.

Certifying Community Mental Health Services or Addiction Services Providers [5122-24 to 5122-29]

Definitions and Certification Process [5122-24 and 5122-25]

5122-24-01 Definitions.
5122-25-01 Applicability.
5122-25-02 Accreditation and deemed status.
5122-25-03 Certification procedure for non-deemed status.
5122-25-04 Certification procedure for deemed status.
5122-25-05 Provisions of certification.
5122-25-06 Waivers and variances.
5122-25-07 Denial, revocation and termination of certification.
5122-25-08 Certification fees.


Agency Policies and Procedures [5122-26]

5122-26-01 Purpose.
5122-26-02 Applicability.
5122-26-03 Governing body and governance.
5122-26-04 Policy and procedure manual.
5122-26-06 Human resources management.
5122-26-08 Confidentiality.
5122-26-08.1 Security of clinical records systems.
5122-26-09 Provider service plan.
5122-26-11 Continuity of care agreements.
5122-26-12 Environment of care and safety.
5122-26-13 Incident notification and risk management.
5122-26-13 Appendix A Reportable and six month reportable incidents - Appendix A
5122-26-13 Appendix B Six Month Reportable Incident Data Report Form - Appendix B
5122-26-14 Provider closing or acquisition.
5122-26-15 Medication handling and drug theft.
5122-26-16 Seclusion, restraint and time-out.
5122-26-16.1 Mechanical restraint and seclusion.
5122-26-16.2 Physical restraint.
5122-26-17 Accessibility, availability, appropriateness, and acceptability of services.
5122-26-18 Client rights and grievance procedure.

Documentation Requirements [5122-27]

5122-27-01 Applicability.
5122-27-02 Individual client record requirements.
5122-27-03 Treatment planning.
5122-27-04 Progress notes.
5122-27-05 Discharge summary.
5122-27-06 Release of information.
5122-27-07 AoD level of care protocols.

Performance Improvement, Consumer Outcomes & Research Activities [5122-28]

5122-28-01 Purpose.
5122-28-02 Applicability.
5122-28-03 Performance improvement.
5122-28-04 Consumer outcomes
5122-28-05 Research and evaluation activities.

Service Standards [5122-29]

5122-29-01 Purpose.
5122-29-02 Applicability.
5122-29-03 Behavioral health counseling and therapy service.
5122-29-04 Mental health assessment service.
5122-29-05 Pharmacologic management service.
5122-29-06 Partial hospitalization service.
5122-29-07 Forensic evaluation service.
5122-29-08 Behavioral health hotline service.
5122-29-10 Crisis intervention mental health service.
5122-29-11 Employment service.
5122-29-12 Driver intervention program.
5122-29-13 Adult education service.
5122-29-14 Social and recreational service.
5122-29-15 Peer recovery services.
5122-29-15.1  Certified peer recovery supporter.
5122.29-15.1 Appendix 1 Application for Ohio peer recovery supporter re-certification.
5122.29-15.1 Appendix 2  Application for Ohio peer recovery supporter certification.
5122.29-15.1 Appendix 3  Peer recovery supporter certification disqualifying offense
Waiver 5122-29-15.1.
5122.29-15.1 Appendix 4  Conflict of interest.
5122.29-15.1 Appendix 5 Statement of conflict of interest.
5122.29-15.1 Appendix 6  Pledge Ohio peer recovery code of ethics.
5122-29-16 Consumer operated service.
5122-29-17 Community psychiatric supportive treatment (CPST) service.
5122-29-18 Inpatient psychiatric service.
5122-29-19 Consultation service.
5122-29-20 Prevention service.
5122-29-21 Mental health education service.
5122-29-22 Referral and information service.
5122-29-23 Adjunctive therapy service.
5122-29-24 Occupational therapy service.
5122-29-25 School psychology service.
5122-29-27 Other mental health services.
5122-29-28 Intensive home based treatment (IHBT) service.
5122-29-29 Assertive community treatment (ACT) service.
5122-29-30 Eligible providers and supervisors.
5122-29-33 Health home service for persons with serious and persistent mental illness.
5122-29-34 Outpatient treatment program certification.
5122-29-36 Residential treatment program certification.
5122-29-37 Detoxification program certification.

Licensure of Residential Facilities [5122-30]

General Rules for Residential Facilities Applicable to Types 1, 2 and 3 Facilities

5122-30-01 Purpose of rules.
5122-30-02 Applicability of rules.
5122-30-03 Definitions.
5122-30-04 Licensure application and procedures.
5122-30-05 Issuance and conditions of full, probationary, and interim licenses.
5122-30-06 Unlicensed facilities.
5122-30-07 Waivers and variances.
5122-30-08 Exclusions.
5122-30-09 Maximum resident and household capacity.
5122-30-10 Fines.
5122-30-11 Inspections.
5122-30-12 Safety.
5122-30-13 Nutrition.
5122-30-14 Sleeping and living space.
5122-30-15 Housekeeping and property maintenance.
5122-30-16 Incident notification and risk management.
5122-30-17 Special treatment and safety measures.
5122-30-18 Requirements for persons with disabling conditions.
5122-30-19 Facility administration and management.
5122-30-20 Qualifications of staff.
5122-30-21 Staffing requirements for type 2 facilities.
5122-30-22 Resident rights and grievance procedure.
5122-30-23 Facility records for type 2 and type 3 facilities.
5122-30-24 Provision of room and board.
5122-30-25 Changes in a resident's health status.
5122-30-31 Background investigations for employment.

Additional Rules for the Provision of Personal Care Applicable to Types 1 & 2 Facilities Only

5122-30-26 Provision of personal care in type 1 and type 2 facilities.
5122-30-28 Assistance with self-administration of medication in type 2 facilities.

Additional Rules for the Provision of MH Services Applicable to Type 1 Facilities Only

5122-30-29 Provision of mental health services in type 1 facilities.
5122-30-30 Staffing requirements for provision of mental health services in type 1 facilities.

Residential Rules (effective on January 1, 2018)

5122-30-01 Purpose of rules.
5122-30-02 Applicability of rules.
5122-30-03 Definitions.
5122-30-04 Licensure application and procedures.
5122-30-05 Issuance and condition of licenses.
5122-30-06 Unlicensed facilities.
5122-30-07 Waivers and variances.
5122-30-09 Maximum resident and household capacity.
5122-30-10 Fines.
5122-30-11 Inspections.
5122-30-12 Safety.
5122-30-13 Nutrition and food safety.
5122-30-14 Sleeping and living space.
5122-30-15 Housekeeping and property maintenance.
5122-30-16 Incident notification and risk management.
5122-30-16 A  Appendix A: Class 1 Residential Facility - Reportable and Six Month Reportable Incidents
5122-30-16 B Appendix B: Class 1 Residential Facliity - Six Month Reportable Incident Data Report Form.
5122-30-16 C Appendix C: Class 2 & Class 3 Residential Facility - Reportable and Six Month Reportable Incidents
5122-30-17 Seclusion and restraint.
5122-30-18 Requirements for persons with disabling conditions.
5122-30-19 Facility administration and management.
5122-30-20 Qualifications of operator and staff.
5122-30-21 Staffing requirements.
5122-30-22  Resident rights and grievance procedure for class one facilities.
5122-30-22.1 Resident rights and grievance procedure for class two and class three facilities.
5122-30-23 Facility records.
5122-30-24 Resident agreement.
5122-30-25 Skilled nursing care and changes in resident's health status.
5122-30-26 Provisions of personal care in class one and two facilities.
5122-30-27 Transfer and discharge rights.
5122-30-28 Assistance with self-administration of medication.
5122-30-29 Provision of mental health services in class one facilities.
5122-30-30 Social, recreational and leisure activities.
5122-30-31 Background investigations for employment.

Accountability of Boards and Agencies for Mental Health Patients in Other Programs and Facilities [5122-31] (Rescinded effective January 1, 2018)

5122-31-01 Mental health board / mental health agency procedures for Residential State Supplement (RSS) placements for persons with mental illness.
5122-31-02 Mental health board / mental health agency accountability rule related to Adult Care Facility (ACF) placements for persons with mental illness.

Designated Forensic Evaluation Centers [5122-32]

5122-32-01 Designated forensic evaluation centers.

Adult Care Facilities [5122-33] (Rescinded effective January 1, 2018)

5122-33-01 Definitions.
5122-33-02 General prohibitions.
5122-33-03 License application and renewal procedures.
5122-33-04 Application review process.
5122-33-05 Issuance, renewal, and denial of licenses.
5122-33-06 Inspections; access to facilities; standards of conduct.
5122-33-07 Notice of violations and opportunity to correct.
5122-33-08 Change in statement of ownership; closure, transfer, or sale of facility.
5122-33-09 Fire protection standards for adult family homes.
5122-33-10 Building and fire safety requirements for adult group homes.
5122-33-11 Water, sewage and plumbing requirements for adult care facilities.
5122-33-12 Facility management responsibilities.
5122-33-13 General staffing requirements.
5122-33-14 Additional staffing requirements.
5122-33-15 Recordkeeping.
5122-33-16 Resident agreement; other information to be provided upon admission.
5122-33-17 Personal care services; resident medications; home health care.
5122-33-18 Resident's assessment; mental health plan for care.
5122-33-19 Changes in residents' physical health and behavioral status; incidents.
5122-33-20 Dietary services.
5122-33-21 Laundry services; activities; resident property.
5122-33-22 Space, equipment, safety, and sanitation.
5122-33-23 Residents' rights.
5122-33-24 Transfer and discharge rights.
5122-33-25 Waivers.
5122-33-26 Imposition of civil penalties.
5122-33-27 Suspending admission of residents to an adult care facility.
5122-33-28 Background investigations for employment.

Physician Loan Repayment [5122-34]

5122-34-01 Physician loan repayment.

Adult Foster Homes [5122-35] (Rescinded effective January 1, 2018)

5122-35-01 Introduction and definitions.
5122-35-02 Certification.
5122-35-03 Operator standards.
5122-35-04 Caregiver standards.
5122-35-05 Facility standards.
5122-35-06 First aid standards.
5122-35-07 Fire safety standards.
5122-35-08 Denial or revocation of certification.
5122-35-09 Responsibilities of operators.
5122-35-10 Resident rights.
5122-35-11 Background investigations for employment.

Residential State Supplement Program [5122-36]

5122-36-01 Purpose and definitions.
5122-36-02 RSS non-financial eligibility.
5122-36-03 Application process.
5122-36-04 Responsibilities of the living arrangement.
5122-36-05 Determination of RSS payment.

Methadone Treatment License [5122-40]

5122-40-01 Definitions and applicability.
5122-40-02 State opioid treatment authority.
5122-40-03 Issuance of licenses.
5122-40-04 General licensure requirements.
5122-40-05 Personnel.
5122-40-06 Methadone administration.
5122-40-07 Program policies and patient records.
5122-40-08 Monitoring program.
5122-40-09 Non-medication services.
5122-40-10 Diversion.
5122-40-11 Toxicology.
5122-40-12 Disaster plan.
5122-40-13 Evaluation activities.
5122-40-14 Program withdrawal.

Fiscal Administration [5122:1]

5122:1-1-01 Rule for payment of court costs.
5122:1-3-01 Financial requirements for mental health boards.
5122:1-3-02 Department withholding funds.
5122:1-5-01 Annual budget, financial reporting and independent financial audit requirements.

Operations Management [5122:2]

5122:2-1-02 Board client rights and grievance procedure.
5122:2-1-03 County withdrawal from a joint-county mental health board.
5122:2-1-04 Department of Mental Health appointments to community mental health boards.
5122:2-1-05 Community mental health board operation of mental health services, programs, or facilities.
5122:2-1-06 Mediation procedures for community mental health boards and contract agencies of those boards.

Construction Assistance for Community Mental Health Facilities [5122:3]

5122.3-1 Download chapter.
5122:3-1-01 Definitions.
5122:3-1-02 Responsibility of the department.
5122:3-1-03 Submission of community capital plan and development of application.
5122:3-1-05 Requirements for project approval.
5122:3-1-06 Department approval of project.
5122:3-1-07 Selection of architect or engineer (A/E).
5122:3-1-09 Standards of construction.
5122:3-1-10 Project cost confirmation.
5122:3-1-11 State participation in project cost.
5122:3-1-12 Project cost adjustments.
5122:3-1-13 Real property.
5122:3-1-14 State funds reimbursement.
5122:3-1-15 Civil rights; affirmative action.
5122:3-1-16 Appeals.