Ohio Code 5119.371 – Location of opioid treatment programs
(A) On application by a community addiction services provider that has purchased or leased real property to be used as the location of an opioid treatment program subject to licensure under section 5119.37 of the Revised Code, the department of mental health and addiction services shall determine whether the location of the proposed program complies with the requirements of division (C)(4) of section 5119.37 of the Revised Code by not being located on a parcel of real estate that is within a radius of five hundred linear feet of the boundaries of a parcel of real estate having situated on it a public or private school, child care center licensed under Chapter 5104 of the Revised Code, or child-serving agency regulated by the department under this chapter.
Terms Used In Ohio Code 5119.371
- Addiction: means the chronic and habitual use of alcoholic beverages, the use of a drug of abuse as defined in section 3719. See Ohio Code 5119.01
- Addiction services: means services, including intervention, for the treatment of persons with alcohol, drug, or gambling addictions, and for the prevention of such addictions. See Ohio Code 5119.01
- Child: includes child by adoption. See Ohio Code 1.59
- Community addiction services provider: means an agency, association, corporation or other legal entity, individual, or program that provides one or more of the following:
(a) Alcohol and drug addiction services that are certified by the director of mental health and addiction services under section 5119. See Ohio Code 5119.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
If the department determines that the location is in compliance with division (C)(4) of section 5119.37 of the Revised Code, the department shall issue a declaration stating that the location is in compliance. The declaration is valid for two years from the date of issuance.
The department shall provide to the provider either a copy of the declaration or a notice that the department has determined that the location is not in compliance with division (C)(4) of section 5119.37 of the Revised Code.
If, before expiration of the declaration, a community addiction services provider applies for a license to operate an opioid treatment program, the department shall not consider the requirement of division (C)(4) of section 5119.37 of the Revised Code in determining whether to issue the license.
(B) A community addiction services provider seeking to relocate an opioid treatment program licensed under section 5119.37 of the Revised Code may apply for and be granted a declaration under division (A) of this section. If, before expiration of the declaration, the provider applies for issuance of a license due to relocation, the department shall not consider the requirement of division (C)(4) of section 5119.37 of the Revised Code in determining whether to reissue the license due to relocation.
Last updated August 17, 2023 at 2:04 PM