The chief clinical officer of the hospital, services provider, or other facility shall inform a person voluntarily remaining at or admitted to a hospital, services provider, or other facility that the person may authorize such notification. (2) Except as provided in division (E) of this section, no person who possesses or has access to quality assurance records and who knows that the records are quality assurance records shall willfully disclose the contents of the records to any person or entity. If the respondent is indigent and the transcript and record is made, a copy shall be provided to the respondent upon request and be treated as an expense under section 5122.43 of the Revised Code. (M) "Indigent" means unable without deprivation of satisfaction of basic needs to provide for the payment of an attorney and other necessary expenses of legal representation, including expert testimony. Ohio Administrative Code Title 5122 - Department of Mental Health and Addiction Services Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies Section 5122-29-18 - Therapeutic behavioral services and psychosocial rehabilitation Ohio Admin. (E) In determining the entity or person to which the respondent is to be committed under division (C) of this section, the court shall consider all of the following: (1) The respondent's diagnosis and prognosis made by a psychiatrist, licensed clinical psychologist, clinical nurse specialist who is certified as a psychiatric-mental health clinical nurse specialist by the American nurses credentialing center, or certified nurse practitioner who is certified as a psychiatric-mental health nurse practitioner by the American nurses credentialing center; (3) The respondent's projected treatment plan. View Revised Code. Each individual now or formerly hospitalized pursuant to this chapter or former Chapter 5123. of the Revised Code, is entitled to an adjudication of competency or incompetency or termination of guardianship upon written request by any such individual, his guardian, or the chief clinical officer to the probate court. If the amount of money is fifty dollars or less it shall be retained and expended by the chief clinical officer of the hospital for the benefit of the patient. (C) If the court does not find that the respondent is a mentally ill person subject to court order, it shall order the respondent's immediate discharge, and shall expunge all record of the proceedings during this period. If the place of residence of such relative is unknown to the chief clinical officer, immediately upon receiving notification the probate judge shall in the speediest manner possible notify such relatives, if known to the probate judge. (c) Physician assistant as defined in Chapter 4730. of the Revised Code. 2023). A probate court that terminates jurisdiction over a defendant described in division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code, for whom a trial court or prosecutor initiated proceedings alleging that the defendant is a mentally ill person subject to court order pursuant to sections 5122.11 to 5122.15 of the Revised Code, shall immediately do both of the following: (A) Notify the initiating court or prosecutor of the termination; (B) Transmit to the initiating court a copy of any records in its possession that pertain to the defendant's mental illness or treatment for mental illness. Ohio Administrative Code 5122 | Department of Mental Health and Addiction Services Chapter 5122-1 | General Provisions. (Q) "Court" means the probate division of the court of common pleas. The entity or person shall submit to the court a report of the findings and recommendations. Sworn to before me and signed in my presence on the day and year above dated. (11) The respondent or the respondent's counsel has the right to subpoena witnesses and documents and to examine and cross-examine witnesses. Version: 1.19 . (7) The affiant under section 5122.11 of the Revised Code shall be subject to subpoena by either party. Whenever a person has been involuntarily detained at or admitted to a hospital, community mental health services provider, or other facility at the request of anyone other than the person's legal guardian, spouse, or next of kin under this chapter, the chief clinical officer of the hospital, services provider, or other facility in which the person is temporarily detained under section 5122.17 of the Revised Code shall immediately notify the person's legal guardian, spouse or next of kin, and counsel, if these persons can be ascertained through exercise of reasonable diligence. Updates may be slower during some times of the year, depending on the volume of enacted legislation. The affidavit may be accompanied, or the court may require that the affidavit be accompanied, by a certificate of a psychiatrist, or a certificate signed by a licensed clinical psychologist and a certificate signed by a licensed physician stating that the person who issued the certificate has examined the person and is of the opinion that the person is a mentally ill person subject to court order, or shall be accompanied by a written statement by the applicant, under oath, that the person has refused to submit to an examination by a psychiatrist, or by a licensed clinical psychologist and licensed physician. (D) If the court finds that the respondent is a mentally ill person subject to court order, the court may issue an interim order of detention ordering any health or police officer or sheriff to take into custody and transport such person to a hospital or other place designated in section 5122.17 of the Revised Code, where the respondent may be observed and treated. Effective March 18, 2021 . These facts being sufficient to indicate probable cause that the above said person is a mentally ill person subject to court order. MEDICAID BEHAVIORAL HEALTH . Hearings following any application for continued commitment are mandatory and may not be waived. (A) A respondent who is involuntarily placed in a hospital or other place as designated in section 5122.10 or 5122.17 of the Revised Code, or with respect to whom proceedings have been instituted under section 5122.11 of the Revised Code, shall be afforded a hearing to determine whether or not the respondent is a mentally ill person subject to court order. Not later than three court days after being notified of the intent to release, the trial court or prosecutor may file or cause to be filed with the court of the county where the patient is hospitalized, or the court of the county where the patient resides, an affidavit under section 5122.11 of the Revised Code. No person may bring a petition for a writ of habeas corpus that alleges that a person involuntarily detained pursuant to this chapter no longer is a mentally ill person subject to court order unless the person shows that the release procedures of division (H) of section 5122.15 of the Revised Code are inadequate or unavailable. (B) Services provided to a minor pursuant to this section shall be limited to not more than six sessions or thirty days of services whichever occurs sooner. The director of mental health and addiction services or the director's designee may transfer, or authorize the transfer of, an involuntary patient, or a consenting voluntary patient hospitalized pursuant to section 5122.02 or sections 5122.11 to 5122.15 of the Revised Code, from one public hospital to another, or to a hospital, community mental health services provider, or other facility offering treatment or other services for mental illness, if the medical director of the department of mental health and addiction services determines that it would be consistent with the medical needs of the patient to do so. Sexual Assault Response Network of Central Ohio Rape Helpline: (614 . (M) Before a board, or a services provider the board designates, may move a respondent from one residential placement to another, the board or services provider shall consult with the respondent about the placement. F01-F09 Mental disorders due to known physiological conditions. General Provisions . The district must consider the following factors: a. (E) Major aversive interventions shall not be used unless a patient continues to engage in behavior destructive to self or others after other forms of therapy have been attempted. (b) Psychologist as defined in Chapter 4732. of the Revised Code. The continuance may be for no more than ten days from the day on which the respondent is detained or on which an affidavit is filed, whichever occurs first. In the case of a voluntary patient who refuses to accept treatment consistent with the written treatment plan required by section 5122.27 of the Revised Code, the chief clinical officer may file an affidavit under section 5122.11 of the Revised Code. 5122 - Ohio Administrative Code | Ohio Laws This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities. (G) The right to reasonable privacy, including both periods of privacy and places of privacy. (3) Mobile response and stabilization service in accordance with rule 5122-29-14 of the Adminstrative Code. The nature and seriousness of the crime; b. OPHBH Services provided in accordance with Ohio Administrative Code rule 5160275(G)(2) (7) That hospitals within the department and other institutions and facilities within the department may exchange psychiatric records and other pertinent information with payers and other providers of treatment, health services, and recovery supports if the purpose of the exchange is to facilitate continuity of care for a patient or for the emergency treatment of an individual; (8) That a patient's family member who is involved in the provision, planning, and monitoring of services to the patient may receive medication information, a summary of the patient's diagnosis and prognosis, and a list of the services and personnel available to assist the patient and the patient's family, if the patient's treating physician determines that the disclosure would be in the best interests of the patient. On receipt, the department shall review each request for reimbursement and prepare a voucher for the amount of the costs, fees, and expenses incurred by the county, provided that the total amount of money paid to all counties in each fiscal year shall not exceed the total amount of moneys specifically appropriated to the department for these purposes. These criteria apply to any housing setting seeking levy, state or federal funds distributed by OhioMHAS or a local behavioral health entity; When a voluntary patient whose medical or psychological needs are found by the chief clinical officer to warrant a transfer refuses to be transferred to an alternate facility, the chief clinical officer may file an affidavit for a hearing under section 5122.11 of the Revised Code. Rule 5122-1-01 | Definitions. (E) As used in this section, "mental health professional" has the same meaning as in section 340.02 of the Revised Code. MSN or grandfathered under Ohio Revised Code Graduate of an accredited advanced practice registered nurse program Current registered nurse licensure in the state of Ohio Certificate of. PROVIDER REQUIREMENTS AND REIMBURSEMENT MANUAL . Fact Sheet: Behavioral Supports for Those Under the Age of 18 Rule 5123:2-2-06 of the Ohio Administrative Code (Behavioral Support Strategies that Include Restrictive Measures) governs the use of restrictive measures for all people with developmental disabilities receiving specialized services in Ohio. The court, prior to the hearing under section 5122.141 of the Revised Code, shall release a copy of the investigative report to the respondent's counsel. A patient may be required to perform tasks of a personal housekeeping nature. . The following constitutes additional information that may be necessary for the purpose of determining residence: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________, Dated this _____________ day of _______________, 20___, Signature of the party filing - the affidavit. (D) If a person taken into custody under this section is transported to a general hospital, the general hospital may admit the person, or provide care and treatment for the person, or both, notwithstanding section 5119.33 of the Revised Code, but by the end of twenty-four hours after arrival at the general hospital, the person shall be transferred to a hospital as defined in section 5122.01 of the Revised Code. (G) Nothing in this section shall limit the access of the Ohio protection and advocacy system to records or personnel as required under section 5123.601 of the Revised Code. (H) The right to free exercise of religious worship within the facility, including a right to services and sacred texts that are within the reasonable capacity of the facility to supply, provided that no patient shall be coerced into engaging in any religious activities. If a person taken into custody under section 5122.10 or 5122.11 of the Revised Code is released from custody before having an initial hearing, a court that has made a file or record relating to the person during this period shall expunge it. Courts - Probate - Juvenile The certified commitment order is prima facie evidence of the residence of the person. (E) A person transported or transferred to a hospital or community mental health services provider under this section shall be examined by the staff of the hospital or services provider within twenty-four hours after arrival at the hospital or services provider. The court, on its own motion, may initiate such a hearing. (X) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code. Pending removal to a hospital, a person taken into custody or ordered to be hospitalized pursuant to this chapter may be detained for not more than forty-eight hours in a licensed rest or nursing home, a licensed or unlicensed hospital, a community mental health services provider, or a county home, but the person shall not be detained in a nonmedical facility used for detention of persons charged with or convicted of penal offenses unless the court finds that a less restrictive alternative cannot be made available. (T) "Admission" to a hospital or other place means that a patient is accepted for and stays at least one night at the hospital or other place. Residence shall not be a basis for a board of alcohol, drug addiction, and mental health services to deny services to any person present in the board's service district, and the board shall provide services for a person whose residence is in dispute while residence is being determined and for a person in an emergency situation. (V)(1) "Treatment plan" means a written statement of reasonable objectives and goals for an individual established by the treatment team, with specific criteria to evaluate progress towards achieving those objectives. This section does not apply to the hospitalization of a person pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code. If the chief clinical officer of the hospital is unable to provide the treatment required by divisions (C), (E), and (F) of this section for any patient hospitalized pursuant to Chapter 5122. of the Revised Code, the chief clinical officer shall immediately notify the patient, the court, the Ohio protection and advocacy system, the director of mental health and addiction services, and the patient's counsel and legal guardian, if known. current license as registered professional nurse in state of Ohio as issued by Board of Nursing per Section 4723.03 of Revised Code. A licensed physician or licensed clinical psychologist designated by the chief clinical officer may perform the duties and accept the responsibilities of the chief clinical officer in the chief clinical officer's absence. (D) Any order made pursuant to division (C)(2), (3), (5), or (6) of this section shall be conditioned upon the receipt by the court of consent by the hospital, facility, agency, or person to accept the respondent and may include a requirement that a person or entity described in division (C)(2), (3), (5), or (6) of this section inform the board of alcohol, drug addiction, and mental health services or community mental health services provider the board designates about the progress of the respondent with the treatment plan. The department may adopt rules in accordance with Chapter 119. of the Revised Code to implement the payment of costs, fees, and expenses under this section. (A) If a patient is absent without leave, on a verbal or written order issued within five days of the time of the unauthorized absence by the department of mental health and addiction services, the chief clinical officer of the hospital from which the patient is absent without leave, or the court of either the county from which the patient was committed or in which the patient is found, any health or police officer or sheriff may take the patient into custody and transport the patient to the hospital in which the patient was hospitalized or to a place that is designated in the order. Before a patient is released from a public hospital, the chief clinical officer shall, when possible, notify the board of the patient's county of residence of the patient's pending release after the chief clinical officer has informed the patient that the board will be so notified. However, if delay in obtaining court approval would create a grave danger to the life of the patient, the chief clinical officer or, in a nonpublic hospital, the attending physician responsible for the patient's care may authorize surgery, in writing, without court approval. (4) "Quality assurance records" means the proceedings, discussion, records, findings, recommendations, evaluations, opinions, minutes, reports, and other documents or actions that emanate from quality assurance committees, quality assurance programs, or quality assurance program activities. The most recent version may be found at: bh.medicaid.ohio.gov/manuals "Quality assurance records" does not include aggregate statistical information that does not disclose the identity of persons receiving or providing medical or mental health services in department of mental health and addiction services hospitals or community setting programs. (I) "Licensed clinical psychologist" means a person who holds a current, valid psychologist license issued under section 4732.12 of the Revised Code, and in addition, meets the educational requirements set forth in division (B) of section 4732.10 of the Revised Code and has a minimum of two years' full-time professional experience, or the equivalent as determined by rule of the state board of psychology, at least one year of which shall be a predoctoral internship, in clinical psychological work in a public or private hospital or clinic or in private practice, diagnosing and treating problems of mental illness or intellectual disability under the supervision of a psychologist who is licensed or who holds a diploma issued by the American board of professional psychology, or whose qualifications are substantially similar to those required for licensure by the state board of psychology when the supervision has occurred prior to enactment of laws governing the practice of psychology. School-based Behavioral Health Programs 58 Monitoring and Accountability . . Any person admitted to a hospital or otherwise taken into custody, voluntarily or involuntarily, under this chapter retains all civil rights not specifically denied in the Revised Code or removed by an adjudication of incompetence following a judicial proceeding other than a proceeding under sections 5122.11 to 5122.15 of the Revised Code. [ ] Represents a substantial risk of physical harm to self as manifested by evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm; [ ] Represents a substantial risk of physical harm to others as manifested by evidence of recent homicidal or other violent behavior or evidence of recent threats that place another in reasonable fear of violent behavior and serious physical harm or other evidence of present dangerousness; [ ] Represents a substantial and immediate risk of serious physical impairment or injury to self as manifested by evidence of being unable to provide for and of not providing for basic physical needs because of mental illness and that appropriate provision for such needs cannot be made immediately available in the community; [ ] Would benefit from treatment for mental illness and is in need of such treatment as manifested by evidence of behavior that creates a grave and imminent risk to substantial rights of others or the person; or. The Revised Code is organized into 31 general titles broken into chapters dealing with individual topics of law. The chief clinical officer of a hospital may discharge a patient who is under an indictment, a sentence of imprisonment, a community control sanction, or a post-release control sanction or on parole and who has been absent without leave for more than thirty days but shall give written notice of the discharge to the court with criminal jurisdiction over the patient. After receipt of the affidavit required by section 5122.11 of the Revised Code, the court shall cause written notice by mail or otherwise of any hearing as the court directs to be given to the following persons: (B) The respondent's legal guardian, if any, the respondent's spouse, if any, and the respondent's parents, if the respondent is a minor, if these persons' addresses are known to the court or can be obtained through exercise of reasonable diligence; (D) Any one person designated by the respondent; but if the respondent does not make a selection, the notice shall be sent to the adult next of kin other than the person who filed the affidavit if that person's address is known to the court or can be obtained through exercise of reasonable diligence; (F) The director, chief clinical officer, or the respective designee of the hospital, board, community mental health services provider, or facility to which the person has been committed; (G) The board of alcohol, drug addiction, and mental health services serving the respondent's county of residence or a services provider the board designates. Upon hearing, if it is proven that such applicant is competent, the court shall so find and enter the finding on its journal. No such disclosure shall be made unless the patient is notified first and receives the information and does not object to the disclosure. Starting January 1, 2018, behavioral health providers will be able to bill Evaluation and Management (E&M) Codes. The court shall hold a full hearing on applications for continued commitment at the expiration of the first ninety-day period and at least every two years after the expiration of the first ninety-day period. Revised 7/15/2022, p. 3-4 & OH Administrative Code 5160-1-18, (Accessed Mar. Sections 5121.30 to 5121.56 of the Revised Code apply to persons received in a hospital operated by the department of mental health and addiction services on a voluntary application. The orders of a referee take effect immediately. A county may seek reimbursement from the department of mental health and addiction services by submitting a request and certification by the county auditor of the costs, fees, and expenses to the department within two months of the date the costs, fees, and expenses are incurred by the county. Employee Assistance Program: (614) 566.3348. (F) A disclosure of quality assurance records pursuant to division (E) of this section does not otherwise waive the confidential and privileged status of the disclosed quality assurance records. Own motion, may initiate such a hearing ( c ) Physician as. Such a hearing General titles broken into chapters dealing with individual topics of law mandatory and not... Q ) `` court '' means the probate division of the Revised Code report of the findings recommendations. ) `` Post-release control sanction '' has the right to reasonable privacy, including both periods of privacy 5122. 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