Ohio Administrative Code 5123:2-17-03 establishes guidelines to track those who are prohibited from working with people with developmental disabilities using the Abuser Registry.
The Ohio Department of Developmental Disabilities maintains the Abuser Registry, which is a list of employees who the department has determined have committed one of the Abuser Registry offenses listed below.
If your name is placed on the Abuser Registry, you are barred from employment as a developmental disabilities employee in the state of Ohio.
Because other state agencies require employers to check the Abuser Registry, placement on the registry also prohibits you from
- being employed by a Medicaid agency,
- being an owner (5 percent or more) of an agency,
- having a Medicaid Provider Agreement as a non-agency provider,
- being in a position to provide ombudsman services or direct care services to anyone enrolled in a program administered by the Ohio Department of Aging,
- and being employed by a home health agency in a direct care position, which prevent you from being hired in a nursing home or residential care facility in a direct care position.
After one year, you may petition the department for removal of your name from the Abuser Registry. If the petition is denied, the name remains on the registry.
The name of any developmental disabilities employee may be placed on the registry, including any department employee, any employee of a county board of developmental disabilities, an independent provider under Ohio Revised Code section 5123.16, and any employee providing specialized services to a person with developmental disabilities.
A specialized service is a program or service designed to primarily serve people with developmental disabilities, including services by an entity licensed or certified by the department.
Abuser Registry Offenses
Physical Abuse - the use of any physical force that could reasonably be expected to result in physical harm.
Sexual Abuse - unlawful sexual conduct (unprivileged intercourse or other sexual penetration) and unlawful sexual contact (unprivileged touching of another's erogenous zone).
Verbal Abuse - purposely using words to threaten, coerce, intimidate, harass or humiliate an individual.
Prohibited Sexual Relations - Consensual touching of an erogenous zone for sexual gratification and the individual is in the employee's care and the individual is not the employee's spouse.
Neglect - when there is a duty to do so, failing to provide an individual with any treatment, care, goods or services necessary to maintain the health or safety of the individual.
Misappropriation (Theft) - obtaining the property of an individual or individuals, without consent, with a combined value of at least $100. Theft of the individual's prescribed medication, check, credit card, ATM card and the like are also Registry offenses.
Failure to Report Abuse, Neglect or Misappropriation - the employee unreasonably does not report abuse, neglect or misappropriation of the property of an individual with developmental disabilities, or the substantial risk to such an individual of abuse, neglect or misappropriation, when the employee should know that their non-reporting will result in a substantial risk of harm to such individual.
Conviction or plea of guilty to - Offense of Violence - R. C. 2901.01, including convictions for the offense of Assault, Menacing, Domestic Violence or Attempting to commit any offense of violence; Sexual Offenses - R. C. Chapter 2907; Theft Offenses - R. C. Chapter 2913; Failing to provide for a functionally impaired person – R.C. 2903.16; Patient Abuse or Neglect - R.C. 2903.34; Patient Endangerment - 2903.341; and/or Endangering Children - 2919.22.
Definitions of Abuser Registry Terms
Abuse means all of the following
- the use of physical force that can reasonably be expected to result in physical harm or serious physical harm,
- sexual abuse,
- and verbal abuse.
Misappropriation means depriving, defrauding, or otherwise obtaining the real or personal property of an individual by any means prohibited by the Revised Code, including violations of Chapter 2911. or 2913. of the Revised Code
Neglect means, when there is a duty to do so, failing to provide an individual with any treatment, care, goods, or services that are necessary to maintain the health and safety of the individual.
Physical harm to persons means any injury, illness, or other physiological impairment, regardless of its gravity or duration
Serious physical harm to persons means any of the following
- any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
- any physical harm that carries a substantial risk of death;
- any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
- any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;
- or any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.
Sexual abuse means unlawful sexual conduct or sexual contact.
Sexual conduct means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
Sexual contact means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
Verbal abuse means purposely using words to threaten, coerce, intimidate, harass, or humiliate an individual.
Risk means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
Substantial risk means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
A person acts negligently when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that his conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that such circumstances may exist.
A person acts recklessly when, with heedless indifference to the consequences, he perversely disregards a known risk that his conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, he perversely disregards a known risk that such circumstances are likely to exist.
A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exist.