Rules Under Development 

Proposed Rule Actions For Review and Comment


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


The Department is proposing to make revisions to rule 5123:2-17-03 (Abuser Registry).  The rule sets forth procedures to be used to determine whether the name of a developmental disabilities employee should be placed on the Abuser Registry established pursuant to section 5123.52 of the Revised Code and standards for determining whether such person has been rehabilitated and may have his or her name removed from the Abuser Registry.  As a result of the five-year review, the Department is revising the rule to align with changes made to the Revised Code by House Bill 158 of the 131st General Assembly.  Although the Department is planning to rescind the existing rule and adopt a new rule of the same number, a version that shows revisions being made is 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 Wednesday, November 1.

Public 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.


       [None at this time.]

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.



October 23, 2017

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 Vagus 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 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).


Effective Dates for Newly Adopted/Rescinded/Amended Rules


The following rules will be effective on the date specified.


November 2, 2017 (Projected)

        5123:2-9-03 (Home and Community-Based Services Waivers - Overtime and Limit on Number of Hours in a Work Week an Indpendent Provider May Provide Services)