Ohio Code 3721.10 – Residents’ rights definitions
As used in sections 3721.10 to 3721.18 of the Revised Code:
Terms Used In Ohio Code 3721.10
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- state: means the state of Ohio. See Ohio Code 1.59
(A) “Home” means all of the following:
(1) A home as defined in section 3721.01 of the Revised Code;
(2) Any facility or part of a facility not defined as a home under section 3721.01 of the Revised Code that is a skilled nursing facility or nursing facility, both as defined in section 5165.01 of the Revised Code;
(3) A county home or district home operated pursuant to Chapter 5155 of the Revised Code.
(B) “Resident” means a resident or a patient of a home.
(C) “Administrator” means all of the following:
(1) With respect to a home as defined in section 3721.01 of the Revised Code, a nursing home administrator as defined in section 4751.01 of the Revised Code;
(2) With respect to a facility or part of a facility not defined as a home in section 3721.01 of the Revised Code that is authorized to provide skilled nursing facility or nursing facility services, the administrator of the facility or part of a facility;
(3) With respect to a county home or district home, the superintendent or administrator appointed or selected under Chapter 5155 of the Revised Code.
(D) “Sponsor” means an adult relative, friend, or guardian of a resident who has an interest or responsibility in the resident’s welfare.
(E) “Residents’ rights advocate” means:
(1) An employee or representative of any state or local government entity that has a responsibility regarding residents and that has registered with the department of health under division (B) of section 3701.07 of the Revised Code;
(2) An employee or representative of any private nonprofit corporation or association that qualifies for tax-exempt status under section 501(a) of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered with the department of health under division (B) of section 3701.07 of the Revised Code and whose purposes include educating and counseling residents, assisting residents in resolving problems and complaints concerning their care and treatment, and assisting them in securing adequate services to meet their needs;
(3) A member of the general assembly.
(F) “Physical restraint” means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, a geriatric chair, or a locked room door.
(G) “Chemical restraint” means any medication bearing the American hospital formulary service therapeutic class 4:00, 28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the central nervous system in a manner that limits physical and cognitive functioning to the degree that the resident cannot attain the resident’s highest practicable physical, mental, and psychosocial well-being.
(H) “Ancillary service” means, but is not limited to, podiatry, dental, hearing, vision, physical therapy, occupational therapy, speech therapy, and psychological and social services.
(I) “Facility” means a facility, or part of a facility, certified as a nursing facility or skilled nursing facility, both as defined in section 5165.01 of the Revised Code. “Facility” does not include an intermediate care facility for individuals with intellectual disabilities, as defined in section 5124.01 of the Revised Code.