Rules Under Development 

Proposed Rule Actions For Review and Comment


The Department is seeking your comments on the following proposed rule actions.



As a result of five-year review, the Department is proposing revisions to two rules governing the Community Capital Assistance Funds program:

  • 5123:1-1-01 (Distribution of State Construction Funds for Community Adult Facilities and Early Childhood and Family Centers)
  • 5123:1-1-17 (Distribution of Funds for Residential Accessibility and Renovation Projects)

Although the Department is planning to rescind the existing rules and bring forth "clean" new rules, versions of the rules that track revisions are being provided so stakeholders can readily see what is changing.  See the Business Impact Analysis for details. Please send your comments to the Common Sense Initiative Office at CSIPublicComments@governor.ohio.gov and to Becky.Phillips@dodd.ohio.gov by Thursday, August 17.


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Rule 5123:2-1-03 (Locally-Funded Transportation) is due for five-year review.  The rule establishes standards and procedures for the provision of locally-funded transportation services to individuals eligible for county board services.  The Department is proposing revisions (denoted by underline and strikethrough) to incorporate more contemporary wording.  Please send your comments to Becky.Phillips@dodd.ohio.gov by Wednesday, August 23.


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Rule 5123:2-17-01 (Administrative Resolution of Complaints Involving the Ohio Department of Developmental Disabilities) is due for five-year review.  The rule establishes procedures for the filing and resolution of complaints involving the programs, services, policies, or administrative practices of the Department or entities under contract with the Department.  The Department is proposing revisions (denoted by underline and strikethrough) to correct references to the Ohio Department of Medicaid and the Revised Code.  Please send your comments to Becky.Phillips@dodd.ohio.gov by Wednesday, August 23.


‚ÄčPublic Hearings Scheduled for Proposed Rules


The Department has given notice of its intent to adopt/rescind/amend the following rules and to conduct a public hearing thereon.  The public hearing will be held on the date specified.


September 12, 2017 (See Public Hearing Notice for details)

House Bill 483 of the 131st General Assembly amended statutes governing performance of health-related activities and administration of medication via certification and nursing delegation to unlicensed persons who provide services to individuals with developmental disabilities (i.e., "developmental disabilities personnel").  Revisions to Chapter 5123:2-6 rules are necessary to align with amendments made to descriptions of service delivery settings where developmental disabilities personnel may perform health-related activities and administer medication and expansion of the health-related activities and medication administration that may be performed by developmental disabilities personnel.  Due to the nature and scope of revisions being made, the Department is rescinding the seven existing rules and adopting seven new rules. 

5123:2-6-01 (Definitions of Terms Used in Chapter 5123:2-6 of the Administrative Code)

        Existing rule to be rescinded        New rule to be adopted

5123:2-6-02 (Self-Administration or Assistance with Self-Administration of Prescribed Medication)

        Existing rule to be rescinded        New rule to be adopted

5123:2-6-03 (Authorization of Developmental Disabilities Personnel to Perform Health-Related Activities and Administer Prescribed Medication)

        Existing rule to be rescinded        New rule to be adopted

5123:2-6-04 (Qualifications, Training, and Certification of Registered Nurse Instructors and Registered Nurse Trainers)

        Existing rule to be rescinded        New rule to be adopted

5123:2-6-05 (Qualifications and Training of Registered Nurses Who Train Developmental Disabilities Personnel and Developmental Disabilities Personnel Who Administer Prescribed Medication to Individuals Residing at a Residential Facility with Seventeen or More Beds While on a Field Trip)

       Existing rule to be rescinded (The specific service delivery setting to which it applied has been eliminated from Section 5123.42 of the Revised Code.) 

5123:2-6-05 (Qualifications and Training of Developmental Disabilities Personnel to Activate a Vagal Nerve Stimulator, Use an Epinephrine Auto-Injector, and Administer Topical Over-the-Counter Medication for the Purpose of Cleaning, Protecting, or Comforting the Skin, Hair, Nails, Teeth, or Oral Surfaces)

        New rule to be adopted (To establish requirements for functions newly authorized in Section 5123.42 of the Revised Code.)

5123:2-6-06 (Qualifications, Training, and Certification of Developmental Disabilities Personnel Who Perform Health-Related Activities and Administer Prescribed Medication)

        Existing rule to be rescinded        New rule to be adopted

5123:2-6-07 (General Provisions and Compliance for Performance of Health-Related Activities and Administration of Prescribed Medication)

        Existing rule to be rescinded        New rule to be adopted


Proposed Rules Slated for JCARR Meeting Agenda

The following rule actions are slated for the Joint Committee on Agency Rule Review (JCARR) meeting agenda on the date specified.


        [None at this time.]


Proposed Rules Designated "To Be Refiled"


The Department has designated the following rule actions "To Be Refiled" to afford time for additional dialogue with stakeholders.

  • The Department is proposing to rescind existing rule 5123:2-3-18 (Calculation of Room and Board Payment for an Individual Residing at a Residential Facility) and adopt new rule 5123:2-3-11 (Licensed Residential Facilities - Room and Board).
  • The Department is proposing to adopt new rule 5123:2-9-03 (Home and Community-Based Services Waivers - Limit on Number of Hours an Indpendent Provider May Provide Home and Community-Based Services in a Work Week).


Effective Dates for Newly Adopted/Rescinded/Amended Rules


The following rules will be effective on the date specified.


September 1, 2017 (Projected)
5123:2-9-23 (Home and Community-Based Services Waivers - Environmental Accessibility Adaptations Under the Individual Options and Level One Waivers) with Appendix

5123:2-9-30 (Home and Community-Based Services Waivers - Homemaker/Personal Care Under the Individual Options and Level One Waivers) with Appendix A and Appendix B

September 15, 2017 (Projected)

       5123:2-7-32 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Administration of the Ohio Developmental Disabilities Profile)

October 1, 2017 (Projected)

  5123:2-9-33 (Home and Community-Based Services Waivers - Shared Living Under the Individual Options Waiver) with Appendix A and Appendix B.