Terms Used In Ohio Code > Chapter 109 - Attorney General

• Abandoned: means any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the municipal corporation and receiving the municipal corporation's approval. See Ohio Code 4939.01
• Absentee bidding: means a method by which a potential purchaser authorizes a proxy to place on behalf of the potential purchaser a written or oral bid to an auctioneer or auction firm or an agent of an auctioneer or auction firm. See Ohio Code 4707.01
• Absolute auction: means an auction of real or personal property to which all of the following apply:

  (1) The property is sold to the highest bidder without reserve. See Ohio Code 4707.01

• Academy of nutrition and dietetics: means the national professional organization known by that name or a successor organization that serves in an equivalent capacity. See Ohio Code 4759.01
• Accommodative: means designed with the primary goal of conforming to the anatomy of a particular individual. See Ohio Code 4779.01
• Accredited educational institution: means an institution accredited by a national or regional accrediting agency accepted by the board of regents. See Ohio Code 4757.01
• Accredited educational institution: means an educational institution accredited by an accrediting agency accepted by the Ohio board of regents. See Ohio Code 4758.01
• Accredited engineering curriculum: means an engineering curriculum accredited by the engineering accreditation commission of ABET, Inc. See Ohio Code 4733.01
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Acupuncture: means a form of health care performed by the insertion and removal of specialized needles, with or without the use of supplemental techniques, to specific areas of the human body. See Ohio Code 4762.01
• 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
• Addition: means an increase in an ICF/IID's square footage. See Ohio Code 5124.01
• Additional property: means land, including surface and air rights, or improvements to land that are described in an original declaration and that may be added in the future to an expandable condominium property. See Ohio Code 5311.01
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrative agency: means , with respect to a home and community-based services medicaid waiver component, the department of medicaid or, if a state agency or political subdivision contracts with the department under section 5162. See Ohio Code 5166.01
• Administrator: means the person responsible for the daily operation of a center, type A home, or approved child day camp. See Ohio Code 5104.01
• Adult: means involving a patient who is not a pediatric patient. See Ohio Code 4765.01
• Adult: means an individual who is not a minor child. See Ohio Code 5107.02
• adult: means an individual who is eighteen years of age or over and not enrolled in a program or service under Chapter 3323 of the Revised Code and an individual sixteen or seventeen years of age who is eligible for adult services under rules adopted by the director of developmental disabilities pursuant to Chapter 119 of the Revised Code. See Ohio Code 5126.01
• Adult day habilitation services: includes all of the following:

  (a) Personal care services needed to ensure an individual's ability to experience and participate in vocational services, educational services, community activities, and any other adult day habilitation services;

  (b) Skilled services provided while receiving adult day habilitation services, including such skilled services as behavior management intervention, occupational therapy, speech and language therapy, physical therapy, and nursing services;

  (c) Training and education in self-determination designed to help the individual do one or more of the following: develop self-advocacy skills, exercise the individual's civil rights, acquire skills that enable the individual to exercise control and responsibility over the services received, and acquire skills that enable the individual to become more independent, integrated, or productive in the community;

  (d) Recreational and leisure activities identified in the individual's service plan as therapeutic in nature or assistive in developing or maintaining social supports;

  (e) Transportation necessary to access adult day habilitation services;

  (f) Habilitation management, as described in section 5126. See Ohio Code 5126.01

• Adult services: includes all of the following:

  (a) Adult day habilitation services;

  (b) Employment services;

  (c) Educational experiences and training obtained through entities and activities that are not expressly intended for individuals with developmental disabilities, including trade schools, vocational or technical schools, adult education, job exploration and sampling, unpaid work experience in the community, volunteer activities, and spectator sports. See Ohio Code 5126.01

• Advanced cosmetologist: means an individual authorized to work in a beauty salon and engage in all branches of cosmetology. See Ohio Code 4713.01
• Advanced energy project: means any technologies, products, activities, or management practices or strategies that facilitate the generation or use of electricity or energy and that reduce or support the reduction of energy consumption or support the production of clean, renewable energy for industrial, distribution, commercial, institutional, governmental, research, not-for-profit, or residential energy users, including, but not limited to, advanced energy resources and renewable energy resources. See Ohio Code 4928.01
• Advanced energy resource: means any of the following:

  (a) Any method or any modification or replacement of any property, process, device, structure, or equipment that increases the generation output of an electric generating facility to the extent such efficiency is achieved without additional carbon dioxide emissions by that facility;

  (b) Any distributed generation system consisting of customer cogeneration technology;

  (c) Clean coal technology that includes a carbon-based product that is chemically altered before combustion to demonstrate a reduction, as expressed as ash, in emissions of nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or sulfur trioxide in accordance with the American society of testing and materials standard D1757A or a reduction of metal oxide emissions in accordance with standard D5142 of that society, or clean coal technology that includes the design capability to control or prevent the emission of carbon dioxide, which design capability the commission shall adopt by rule and shall be based on economically feasible best available technology or, in the absence of a determined best available technology, shall be of the highest level of economically feasible design capability for which there exists generally accepted scientific opinion;

  (d) Advanced nuclear energy technology consisting of generation III technology as defined by the nuclear regulatory commission; other, later technology; or significant improvements to existing facilities;

  (e) Any fuel cell used in the generation of electricity, including, but not limited to, a proton exchange membrane fuel cell, phosphoric acid fuel cell, molten carbonate fuel cell, or solid oxide fuel cell;

  (f) Advanced solid waste or construction and demolition debris conversion technology, including, but not limited to, advanced stoker technology, and advanced fluidized bed gasification technology, that results in measurable greenhouse gas emissions reductions as calculated pursuant to the United States environmental protection agency's waste reduction model (WARM);

  (g) Demand-side management and any energy efficiency improvement;

  (h) Any new, retrofitted, refueled, or repowered generating facility located in Ohio, including a simple or combined-cycle natural gas generating facility or a generating facility that uses biomass, coal, modular nuclear, or any other fuel as its input;

  (i) Any uprated capacity of an existing electric generating facility if the uprated capacity results from the deployment of advanced technology. See Ohio Code 4928.01

• Advanced esthetician: means an individual authorized to work in an esthetics salon, but no other type of salon, and engage in the practice of esthetics, but no other branch of cosmetology. See Ohio Code 4713.01
• Advanced hair designer: means an individual authorized to work in a hair design salon, but no other type of salon, and engage in the practice of hair design, but no other branch of cosmetology. See Ohio Code 4713.01
• Advanced license: means a license to work in a salon and practice the branch of cosmetology practiced at the salon. See Ohio Code 4713.01
• Advanced life support: means treatment that an emergency medical technician-paramedic is authorized to perform under section 4765. See Ohio Code 4766.01
• Advanced manicurist: means an individual authorized to work in a nail salon, but no other type of salon, and engage in the practice of manicuring, but no other branch of cosmetology. See Ohio Code 4713.01
• Advanced natural hair stylist: means an individual authorized to work in a natural hair style salon, but no other type of salon, and engage in the practice of natural hair styling, but no other branch of cosmetology. See Ohio Code 4713.01
• Advanced practice registered nurse: means an individual who holds a current, valid license issued under this chapter that authorizes the practice of nursing as an advanced practice registered nurse and is designated as any of the following:

  (1) A certified registered nurse anesthetist;

  (2) A clinical nurse specialist;

  (3) A certified nurse-midwife;

  (4) A certified nurse practitioner. See Ohio Code 4723.01

• Advertising: means any manner, method, means, or activity by which a practicing veterinarian, a practicing veterinarian's partners, or associates, or any information in reference to veterinary science, is made known to the public through any use of motion pictures, newspapers, magazines, books, radio, television announcements, or any other manner, method, means, or activity which commercially publicizes the professional image of the veterinarian. See Ohio Code 4741.01
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliated operator: means an operator affiliated with either of the following:

  (1) The exiting operator for whom the affiliated operator is to assume liability for the entire amount of the exiting operator's debt under the medicaid program or the portion of the debt that represents the franchise permit fee the exiting operator owes;

  (2) The entering operator involved in the change of operator with the exiting operator specified in division (B)(1) of this section. See Ohio Code 5124.01

• Affiliated operator: means an operator affiliated with either of the following:

  (1) The exiting operator for whom the affiliated operator is to assume liability for the entire amount of the exiting operator's debt under the medicaid program or the portion of the debt that represents the franchise permit fee the exiting operator owes;

  (2) The entering operator involved in the change of operator with the exiting operator specified in division (A)(1) of this section. See Ohio Code 5165.01

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means any person who represents a developer or who acts for or on behalf of a developer in selling or offering to sell any ownership interest in a condominium development. See Ohio Code 5311.01
• Agent contract: means any contract or agreement pursuant to which an athlete authorizes or empowers or agrees to authorize or empower at some later date an athlete agent to do any of the following:

  (1) Negotiate or solicit an agreement on behalf of the athlete with one or more professional sports teams for the employment of the athlete by a professional sports team;

  (2) Negotiate or solicit an agreement on behalf of the athlete for the employment of the athlete as a professional athlete;

  (3) Market, or enter an agreement to market, an athlete or an athlete's reputation. See Ohio Code 4771.01

• Aggrieved person: means a person with duties and obligations under sections 153. See Ohio Code 4913.01
• Agreed-upon procedures report: means any report that is on a financial statement and that is based on agreed-upon procedures issued with respect to another party's written assertion in accordance with statements on standards for attestation engagements as promulgated by the American institute of certified public accountants. See Ohio Code 4701.01
• agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
• Air medical organization: means an organization that provides emergency medical services, or transports emergency victims, by means of fixed or rotary wing aircraft. See Ohio Code 4765.01
• Air medical service organization: means an organization that furnishes, conducts, maintains, advertises, promotes, or otherwise engages in providing medical services with a rotorcraft air ambulance or fixed wing air ambulance. See Ohio Code 4766.01
• Air medical transportation: means the transporting of a patient by rotorcraft air ambulance or fixed wing air ambulance with appropriately licensed and certified medical personnel. See Ohio Code 4766.01
• Alcohol and drug addiction services: means services, including intervention, for the treatment of persons with alcohol use disorder or persons who abuse drugs of abuse and for the prevention of alcohol use disorder and drug addiction. See Ohio Code 5119.01
• Alcohol use disorder: means a medical condition characterized by an individual's impaired ability to stop or control the individual's alcohol use despite adverse social, occupational, or health consequences. See Ohio Code 5119.01
• Allegation: something that someone says happened.
• Allied medical support: means a licensed dentist, physician, chiropractor, or physical therapist who is in good standing as determined under Chapter 4715. See Ohio Code 4741.01
• Allowable costs: means an ICF/IID's costs that the department of developmental disabilities determines are reasonable. See Ohio Code 5124.01
• Alternative rate plan: means a method, alternate to the method of section 4909. See Ohio Code 4929.01
• Ambulance: means any motor vehicle that is used, or is intended to be used, for the purpose of responding to emergency medical situations, transporting emergency patients, and administering emergency medical service to patients before, during, or after transportation. See Ohio Code 4765.01
• Ambulance: means any motor vehicle that is specifically designed, constructed, or modified and equipped and is intended to be used to provide basic life support, intermediate life support, advanced life support, or mobile intensive care unit services and transportation upon the streets or highways of this state of persons who are seriously ill, injured, wounded, or otherwise incapacitated or helpless. See Ohio Code 4766.01
• Ambulette: means a motor vehicle that is specifically designed, constructed, or modified and equipped and is intended to be used for transportation upon the streets or highways of this state of persons who require use of a wheelchair or other mobility aid. See Ohio Code 4766.01
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• American board of genetic counseling: means the organization known by that name, its successor organization, or an equivalent organization recognized by the state medical board. See Ohio Code 4778.01
• Amortization: Paying off a loan by regular installments.
• Analysis: means a study of real estate for purposes other than valuation. See Ohio Code 4763.01
• Ancillary and support costs: includes , but is not limited to, costs of activities, social services, pharmacy consultants, habilitation supervisors, qualified intellectual disability professionals, program directors, medical and habilitation records, program supplies, incontinence supplies, food, enterals, dietary supplies and personnel, laundry, housekeeping, security, administration, medical equipment, utilities, liability insurance, bookkeeping, purchasing department, human resources, communications, travel, dues, license fees, subscriptions, home office costs not otherwise allocated, legal services, accounting services, minor equipment, maintenance and repairs, help-wanted advertising, informational advertising, start-up costs, organizational expenses, other interest, property insurance, employee training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs as specified in rules adopted under section 5165. See Ohio Code 5165.01
• Ancillary service: means any function necessary to the provision of electric transmission or distribution service to a retail customer and includes, but is not limited to, scheduling, system control, and dispatch services; reactive supply from generation resources and voltage control service; reactive supply from transmission resources service; regulation service; frequency response service; energy imbalance service; operating reserve-spinning reserve service; operating reserve-supplemental reserve service; load following; back-up supply service; real-power loss replacement service; dynamic scheduling; system black start capability; and network stability service. See Ohio Code 4928.01
• Ancillary service: means a service that is ancillary to the receipt or delivery of natural gas to consumers, including, but not limited to, storage, pooling, balancing, and transmission. See Ohio Code 4929.01
• Anesthesiologist: means a physician who has successfully completed an approved anesthesiology training program, as specified in the accreditation requirements that must be met to qualify as graduate medical education, as defined in section 4731. See Ohio Code 4760.01
• Anesthesiologist assistant: means an individual who assists an anesthesiologist in developing and implementing anesthesia care plans for patients. See Ohio Code 4760.01
• Animal: means any animal other than a human being and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. See Ohio Code 4741.01
• Animal shelter: means a facility operated by a humane society or any society organized under Chapter 1717 of the Revised Code or a dog pound operated pursuant to Chapter 955 of the Revised Code. See Ohio Code 4729.01
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antenna: means communications equipment that transmits or receives radio frequency signals in the provision of wireless service. See Ohio Code 4939.01
• anything of value: includes :

  (A) Money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority and intended to pass and circulate as money;

  (B) Goods and chattels;

  (C) Promissory notes, bills of exchange, orders, drafts, warrants, checks, or bonds given for the payment of money;

  (D) Receipts given for the payment of money or other property;

  (E) Rights in action;

  (F) Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto, although there may be no interval between the severing and taking away;

  (G) Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interests, beneficial interests, leasehold interests, and any other interest in realty;

  (H) Any promise of future employment;

  (I) Every other thing of value. See Ohio Code 1.03

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicable calendar year: means the calendar year immediately preceding the first of the state fiscal years for which a rebasing is conducted. See Ohio Code 5165.01
• Applicant for an initial license: includes persons seeking a license for the first time and persons seeking a license by reciprocity, endorsement, or similar manner of a license issued in another state. See Ohio Code 4776.01
• Appointing authority: means the following:

  (1) In the case of a member of a county board of developmental disabilities appointed by, or to be appointed by, a board of county commissioners, the board of county commissioners;

  (2) In the case of a member of a county board appointed by, or to be appointed by, a senior probate judge, the senior probate judge. See Ohio Code 5126.01

• Appraisal: A determination of property value.
• appraisal: means the act or process of developing an opinion of value of real property in conformity with the uniform standards of professional appraisal practice. See Ohio Code 4763.01
• appraisal: means the act or process of developing an opinion of value of real property in conformity with the uniform standards of professional appraisal practice. See Ohio Code 4768.01
• Appraisal assignment: means an engagement for which a person licensed or certified under this chapter is employed, retained, or engaged to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased real estate appraisal. See Ohio Code 4763.01
• Appraisal foundation: means a nonprofit corporation incorporated under the laws of the state of Illinois on November 30, 1987, for the purposes of establishing and improving uniform appraisal standards by defining, issuing, and promoting those standards; establishing appropriate criteria for the certification and recertification of qualified appraisers by defining, issuing, and promoting the qualification criteria and disseminating the qualification criteria to others; and developing or assisting in development of appropriate examinations for qualified appraisers. See Ohio Code 4763.01
• Appraisal management company: means any person authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling, or by an underwriter o f or other principal in the secondary mortgage markets, that performs appraisal management services in connection with valuing properties collateralizing mortgage loans or valuing properties collateralizing mortgages incorporated in a securitization. See Ohio Code 4768.01
• Appraisal management services: means to perform any of the following functions on behalf of a lender, financial institution, client, or any other person in conjunction with a consumer credit transaction that is secured by a consumer's primary dwelling:

  (1) Administer an appraiser panel;

  (2) Recruit, retain, or select appraisers;

  (3) Qualify, verify licensure or certification, and negotiate fees and service level expectations with persons who are part of an appraiser panel;

  (4) Contract with appraisers to perform appraisal assignments;

  (5) Receive an order for an appraisal from one person and deliver the order for the appraisal to an appraiser who is part of an appraiser panel for completion;

  (6) Manage the process of having an appraisal performed, including providing administrative duties, such as receiving appraisal orders and reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed;

  (7) Track and determine the status of orders for appraisals;

  ( 8) Conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal;

  (9) Provide a completed appraisal performed by an appraiser to one or more clients. See Ohio Code 4768.01

• Appraisal report: means a written communication of a real estate appraisal or appraisal review, or an oral communication of a real estate appraisal or appraisal review, that is documented by a writing that supports the oral communication. See Ohio Code 4763.01
• Appraisal report: means a written communication of a real estate appraisal or appraisal review or an oral communication of a real estate appraisal or appraisal review that is documented by a writing that supports the oral communication. See Ohio Code 4768.01
• Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal or appraisal review. See Ohio Code 4763.01
• Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal or appraisal review. See Ohio Code 4768.01
• Appraiser: means a person licensed or certified under Chapter 4763 of the Revised Code. See Ohio Code 4768.01
• Appraiser panel: means a network of appraisers who are independent contractors to the appraisal management company and who have been approved by the appraisal management company, after responding to an invitation or request from the appraisal management company, to perform appraisals for any client of the appraisal management company or for the appraisal management c ompany directly, on a periodic basis, as assigned by the appraisal management company. See Ohio Code 4768.01
• Apprentice instructor: means an individual holding a practicing license issued by the state cosmetology and barber board who is engaged in learning or acquiring knowledge of the occupation of an instructor of a branch of cosmetology at a school of cosmetology. See Ohio Code 4713.01
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved child day camp: means a child day camp approved pursuant to section 5104. See Ohio Code 5104.01
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Art therapy: includes therapeutic intervention to facilitate alternative modes of receptive and expressive communication and evaluation and assessment to define and implement art-based treatment plans to address cognitive, behavioral, developmental, and emotional needs. See Ohio Code 4757.01
• as of the last day of the calendar year: refers to the occupancy and utilization rates during the calendar year identified in the cost report filed under section 5165. See Ohio Code 5165.01
• Assessing health status: means the collection of data through nursing assessment techniques, which may include interviews, observation, and physical evaluations for the purpose of providing nursing care. See Ohio Code 4723.01
• Assessment: means the liability for an expense that is allocated to a lot in a planned community. See Ohio Code 5312.01
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistance group: means a group of individuals treated as a unit for purposes of determining eligibility for and the amount of assistance provided under Ohio works first. See Ohio Code 5107.02
• Associate broker: means an individual licensed as a real estate broker under this chapter who does not function as the principal broker or a management level licensee. See Ohio Code 4735.01
• Athlete: means either of the following:

  (1) A student enrolled in any educational institution or institution of higher education in this state, who participates, or is or may become eligible to participate, in any athletic sporting event, contest, exhibition, or program at the educational institution or institution of higher education;

  (2) A student who meets one of the following criteria:

  (a) Resides in this state, is eligible to participate in an amateur athletic program, and has informed an educational institution or institution of higher education, in writing, of the student's intent to participate in that institution's amateur athletic program;

  (b) Does not reside in this state but is eligible to participate in an amateur athletic program and has informed, in writing, an educational institution or institution of higher education in this state of the student's intent to participate in that institution's amateur athletic program. See Ohio Code 4771.01

• Athlete agent: means any person who directly or indirectly recruits or solicits any athlete to enter into an agent contract or professional sports services contract, or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team, or as a professional athlete, or otherwise attempts to market an athlete or an athlete's reputation. See Ohio Code 4771.01
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attest report: means an opinion report, review report, compilation report, examination report, agreed-upon procedures report, or any similar report prepared in accordance with standards established by the American institute of certified public accountants with respect to a financial statement or other financial information. See Ohio Code 4701.01
• Auction: includes a sale of real or personal property, goods, or chattels in which there has been a solicitation or invitation by advertisement to the public for an advance in bidding using sealed bidding, provided that the bids are opened and there is a call for an advancement of the bids. See Ohio Code 4707.01
• Auction firm: means a person who provides auction services for online or live auctions. See Ohio Code 4707.01
• Auction mediation company: means a company that provides a forum through the internet for a person to sell the person's real or personal property via the submission of silent bids using a computer or other electronic device. See Ohio Code 4707.01
• Auction services: includes the taking and advertising of personal property on consignment to be sold at an online or live auction by a licensed auctioneer for a fee or other consideration. See Ohio Code 4707.01
• Auctioneer: means any person who engages, or who by advertising or otherwise holds the person out as being able to engage, in the calling for, recognition of, and the acceptance of, offers for the purchase of real or personal property, goods, or chattels at auction either directly or through the use of other licensed auctioneers. See Ohio Code 4707.01
• Authorized health care professional: means a person authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery or otherwise authorized under Ohio law to prescribe the use of home medical equipment by a patient. See Ohio Code 4752.01
• Authorized representative: means an individual employed by a center, type A home, or approved child day camp that is owned by a person other than an individual and who is authorized by the owner to do all of the following:

  (1) Communicate on the owner's behalf;

  (2) Submit on the owner's behalf applications for licensure or approval;

  (3) Enter into on the owner's behalf provider agreements for publicly funded child care. See Ohio Code 5104.01

• Automated people mover: means an installation as defined in the automated people mover standards. See Ohio Code 4785.01
• Automated valuation model: means a computer software program that analyzes data using an automated process, such as regression, adaptive estimation, neural network, expert reasoning, or artificial intelligence programs, that produces an output that may become a basis for appraisal or appraisal review if the appraiser believes the output to be credible for use in a specific assignment. See Ohio Code 4763.01
• Automated valuation model: means a computer software program that analyzes data using an automated process, such as regression, adaptive estimation, neural network, expert reasoning, or artificial intelligence programs, that produces an output that may become a basis for appraisal or appraisal review if the appraiser believes the output to be credible for use in a specific assignment. See Ohio Code 4768.01
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basic life support: means treatment that an emergency medical technician-basic is authorized to perform under section 4765. See Ohio Code 4766.01
• Basic local exchange service: means residential-end-user access to and usage of telephone-company-provided services over a single line or small-business-end-user access to and usage of telephone-company-provided services over the primary access line of service, which in the case of residential and small-business access and usage is not part of a bundle or package of services, that does both of the following:

  (a) Enables a customer to originate or receive voice communications within a local service area as that area exists on September 13, 2010, or as that area is changed with the approval of the public utilities commission;

  (b) Consists of all of the following services:

  (i) Local dial tone service;

  (ii) For residential end users, flat-rate telephone exchange service;

  (iii) Touch tone dialing service;

  (iv) Access to and usage of 9-1-1 services, where such services are available;

  (v) Access to operator services and directory assistance;

  (vi) Provision of a telephone directory in any reasonable format, which includes, at the telephone company's option, an internet-accessible database of directory listings, for no additional charge and a listing in that directory, with reasonable accommodations made for private listings, and for a telephone company that no longer offers a printed directory, provision of reasonable customer notice of the available options to obtain directory information;

  (vii) Per call, caller identification blocking services;

  (viii) Access to telecommunications relay service; and

  (ix) Access to toll presubscription, interexchange or toll providers or both, and networks of other telephone companies. See Ohio Code 4927.01

• Beauty salon: means a salon in which an individual is authorized to engage in all branches of cosmetology. See Ohio Code 4713.01
• Behavioral health redesign: means revisions to the medicaid program's coverage of community behavioral health services beginning July 1, 2017, including revisions that update medicaid billing codes and payment rates for community behavioral health services. See Ohio Code 5164.01
• Belt manlifts safety standards: means the safety standards adopted by the American society of mechanical engineers commonly referred to as ASME A90. See Ohio Code 4785.01
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Biennial licensing period: means the two-year period beginning on the first day of February of an odd-numbered year and ending on the last day of January of the next odd-numbered year. See Ohio Code 4713.01
• Billing and collection agent: means a fully independent agent, not affiliated with or otherwise controlled by an electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section 4928. See Ohio Code 4928.01
• Body of water: means a stream, lake, pond, marsh, river, or other body of natural or artificial surface water. See Ohio Code 5311.01
• Bona fide: means made in good faith or without purpose of circumventing license law. See Ohio Code 4735.01
• Bond: includes an undertaking. See Ohio Code 1.02
• Border state child care provider: means a child care provider that is located in a state bordering Ohio and that is licensed, certified, or otherwise approved by that state to provide child care funded by the child care block grant act. See Ohio Code 5104.01
• Boutique salon: means a salon in which an individual engages in boutique services and no other branch of cosmetology. See Ohio Code 4713.01
• Boutique services: means braiding, threading, shampooing, and makeup artistry. See Ohio Code 4713.01
• Braiding: means intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, and includes extending the hair with natural or synthetic hair fibers. See Ohio Code 4713.01
• Branch of cosmetology: means the practice of cosmetology, practice of esthetics, practice of hair design, practice of manicuring, practice of natural hair styling, or practice of boutique services. See Ohio Code 4713.01
• Brokerage: includes the affiliated licensees who have been assigned management duties that include supervision of licensees whose duties may conflict with those of other affiliated licensees. See Ohio Code 4735.01
• Bundle or package of services: means one or more telecommunications services or other services offered together as one service option at a single price. See Ohio Code 4927.01
• Business: includes any activities engaged in by any person for the object of gain, benefit, or advantage either direct or indirect. See Ohio Code 4781.01
• Business entity: includes a sole proprietorship, partnership, and corporation. See Ohio Code 4785.01
• business of pre-employment background investigation: means , and is limited to, furnishing for hire, in person or through a partner or employees, the conducting of limited background investigations, in-person interviews, telephone interviews, or written inquiries that pertain only to a client's prospective employee and the employee's employment and that are engaged in with the prior written consent of the prospective employee. See Ohio Code 4749.01
• Business of private investigation: means , except when performed by one excluded under division (H) of this section, the conducting, for hire, in person or through a partner or employees, of any investigation relevant to any crime or wrong done or threatened, or to obtain information on the identity, habits, conduct, movements, whereabouts, affiliations, transactions, reputation, credibility, or character of any person, or to locate and recover lost or stolen property, or to determine the cause of or responsibility for any libel or slander, or any fire, accident, or damage to property, or to secure evidence for use in any legislative, administrative, or judicial investigation or proceeding. See Ohio Code 4749.01
• Business of security services: means either of the following:

  (1) Furnishing, for hire, watchpersons, guards, private patrol officers, or other persons whose primary duties are to protect persons or property;

  (2) Furnishing, for hire, guard dogs, or armored motor vehicle security services, in connection with the protection of persons or property. See Ohio Code 4749.01

• Bylaws: means an instrument filed with the declaration that provides for the operation of the owners association. See Ohio Code 5312.01
• Capital costs: means an ICF/IID's costs of ownership and costs of nonextensive renovation. See Ohio Code 5124.01
• Capital costs: means the actual expense incurred by a nursing facility for all of the following:

  (a) Depreciation and interest on any capital assets that cost five hundred dollars or more per item, including the following:

  (i) Buildings;

  (ii) Building improvements;

  (iii) Except as provided in division (D) of this section, equipment;

  (iv) Transportation equipment. See Ohio Code 5165.01

• Cardiac monitoring: means a procedure used for the purpose of observing and documenting the rate and rhythm of a patient's heart by attaching electrical leads from an electrocardiograph monitor to certain points on the patient's body surface. See Ohio Code 4765.01
• Care management system: means the system established under section 5167. See Ohio Code 5167.01
• Caretaker parent: means the father or mother of a child whose presence in the home is needed as the caretaker of the child, a person who has legal custody of a child and whose presence in the home is needed as the caretaker of the child, a guardian of a child whose presence in the home is needed as the caretaker of the child, and any other person who stands in loco parentis with respect to the child and whose presence in the home is needed as the caretaker of the child. See Ohio Code 5104.01
• Carrier access: means access to and usage of telephone company-provided facilities that enable end user customers originating or receiving voice grade, data, or image communications, over a local exchange telephone company network operated within a local service area, to access interexchange or other networks and includes special access. See Ohio Code 4927.01
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Case-mix score: means the measure determined under section 5124. See Ohio Code 5124.01
• Case-mix score: means a measure determined under section 5165. See Ohio Code 5165.01
• Casual sale: means any transfer of a manufactured home or mobile home by a person other than a manufactured housing dealer, manufactured housing salesperson, or manufacturer to an ultimate consumer or a person who purchases the home for use as a residence. See Ohio Code 4781.01
• Certifiable services and supports: means all of the following:

  (a) Alcohol and drug addiction services;

  (b) Mental health services;

  (c) The types of recovery supports that are specified in rules adopted under section 5119. See Ohio Code 5119.01

• Certificate of licensure: means a certificate issued by the board under section 4725. See Ohio Code 4725.01
• Certificate of title: includes all memorials and notations noted under a certificate of title. See Ohio Code 5309.01
• Certification: means a voluntary program in which a private organization or the state grants nontransferable recognition to an individual who meets personal qualifications established by the private organization or state law. See Ohio Code 4798.01
• Certified community health worker: means an individual who holds a current, valid certificate as a community health worker issued under section 4723. See Ohio Code 4723.01
• Certified foster home: means a foster home, as defined in section 5103. See Ohio Code 5153.01
• Certified genetic counselor: means either of the following:

  (1) An individual who possesses the certified genetic counselor credential from the American board of genetic counseling;

  (2) An individual who is a diplomate of the American board of medical genetics. See Ohio Code 4778.01

• Certified nurse practitioner: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a certified nurse practitioner in accordance with section 4723. See Ohio Code 4723.01
• Certified nurse practitioner: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a certified nurse practitioner in accordance with section 4723. See Ohio Code 1.64
• Certified nurse-midwife: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a certified nurse-midwife in accordance with section 4723. See Ohio Code 4723.01
• Certified nurse-midwife: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a certified nurse-midwife in accordance with section 4723. See Ohio Code 1.64
• Certified organization: means any organization holding a certificate issued pursuant to section 5103. See Ohio Code 5153.01
• Certified registered nurse anesthetist: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a certified registered nurse anesthetist in accordance with section 4723. See Ohio Code 4723.01
• Certified territory: means the certified territory established for an electric supplier under sections 4933. See Ohio Code 4928.01
• Chambers: A judge's office.
• Change in control: means either of the following:

  (1) Any pledge, assignment, or hypothecation of or lien or other encumbrance on any of the legal or beneficial equity interests in the applicable person;

  (2) A change of fifty per cent or more in the legal or beneficial ownership or control of the outstanding voting equity interests of the applicable person necessary at all times to elect a majority of the board of directors or similar governing body and to direct the management policies and decisions. See Ohio Code 5165.01

• Change of operator: means an entering operator becoming the operator of an ICF/IID in the place of the exiting operator. See Ohio Code 5124.01
• Change of operator: includes circumstances in which an entering operator becomes the operator of a nursing facility in the place of the exiting operator or there is a change in owner of a nursing facility. See Ohio Code 5165.01
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chemical dependency conditions: means those conditions relating to the abuse of or dependency on alcohol or other drugs that are classified in accepted nosologies, including the diagnostic and statistical manual of mental disorders and the international classification of diseases, and in editions of those nosologies published after December 23, 2002. See Ohio Code 4758.01
• Chemical dependency counseling: means rendering or offering to render to individuals, groups, or the public a counseling service involving the application of alcohol and other drug clinical counseling principles, methods, or procedures to assist individuals who are abusing or dependent on alcohol or other drugs. See Ohio Code 4758.01
• Chief clinical officer: means the medical director of a hospital, community mental health services provider, or board of alcohol, drug addiction, and mental health services, or, if there is no medical director, the licensed physician responsible for the treatment provided by a hospital or community mental health services provider. See Ohio Code 5122.01
• Chief medical officer: means the licensed physician appointed by the managing officer of an institution for persons with intellectual disabilities with the approval of the director of developmental disabilities to provide medical treatment for residents of the institution. See Ohio Code 5123.01
• Chief program director: means a person with special training and experience in the diagnosis and management of persons with developmental disabilities, certified according to division (C) of this section in at least one of the designated fields, and appointed by the managing officer of an institution for persons with intellectual disabilities with the approval of the director to provide habilitation and care for residents of the institution. See Ohio Code 5123.01
• Child: includes an infant, toddler, preschool-age child, or school-age child. See Ohio Code 5104.01
• Child: means any person under eighteen years of age or a person with a mental or physical disability, as defined by rule adopted by the director of job and family services, under twenty-one years of age. See Ohio Code 5153.01
• Child: includes child by adoption. See Ohio Code 1.59
• Child care: means all of the following:

  (1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;

  (2) By persons other than their parents, guardians, or custodians;

  (3) For part of the twenty-four-hour day;

  (4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;

  (5) By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104. See Ohio Code 5104.01

• Child care block grant act: means the "Child Care and Development Block Grant Act of 2014" 128 Stat. See Ohio Code 5104.01
• Child care resource and referral service organization: means a community-based nonprofit organization that provides child care resource and referral services but not child care. See Ohio Code 5104.01
• Child care resource and referral services: means all of the following services:

  (1) Maintenance of a uniform data base of all child care providers in the community that are in compliance with this chapter, including current occupancy and vacancy data;

  (2) Provision of individualized consumer education to families seeking child care;

  (3) Provision of timely referrals of available child care providers to families seeking child care;

  (4) Recruitment of child care providers;

  (5) Assistance in developing, conducting, and disseminating training for child care professionals and provision of technical assistance to current and potential child care providers, employers, and the community;

  (6) Collection and analysis of data on the supply of and demand for child care in the community;

  (7) Technical assistance concerning locally, state, and federally funded child care and early childhood education programs;

  (8) Stimulation of employer involvement in making child care more affordable, more available, safer, and of higher quality for their employees and for the community;

  (9) Provision of written educational materials to caretaker parents and informational resources to child care providers;

  (10) Coordination of services among child care resource and referral service organizations to assist in developing and maintaining a statewide system of child care resource and referral services if required by the department of job and family services;

  (11) Cooperation with the county department of job and family services in encouraging the establishment of parent cooperative child care centers and parent cooperative type A family child care homes. See Ohio Code 5104.01

• Child care staff member: means an employee of a child care center, type A family child care home, licensed type B family child care home, or approved child day camp who is primarily responsible for the care and supervision of children. See Ohio Code 5104.01
• Child day camp: means a program in which only school-age children attend or participate, that operates for no more than twelve hours per day and no more than fifteen weeks during the summer. See Ohio Code 5104.01
• Chiropractor: means an individual licensed under Chapter 4734. See Ohio Code 4762.01
• Chiropractor: means an individual licensed under Chapter 4734 of the Revised Code to practice chiropractic. See Ohio Code 4773.01
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Client: means the patient's owner, owner's agent, or other person responsible for the patient. See Ohio Code 4741.01
• Client: means a person who enters into a written contract with a home inspector to retain for compensation or other valuable consideration the services of that home inspector to conduct a home inspection and to provide a written report on the condition of a residential building. See Ohio Code 4764.01
• Client: means any person that contracts with, or otherwise enters into an agreement with, an appraisal management company for residential or commercial real estate appraisal services. See Ohio Code 4768.01
• Clinical nurse specialist: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a clinical nurse specialist in accordance with section 4723. See Ohio Code 4723.01
• Clinical nurse specialist: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a clinical nurse specialist in accordance with section 4723. See Ohio Code 1.64
• Cogeneration technology: means technology that produces electricity and useful thermal output simultaneously. See Ohio Code 4928.01
• collaborating: means the following:

  (1) In the case of a clinical nurse specialist or a certified nurse practitioner, that one or more podiatrists acting within the scope of practice of podiatry in accordance with section 4731. See Ohio Code 4723.01

• Collaborating physician: means a physician who has entered into a collaborative agreement with a genetic counselor under division (B) of section 4778. See Ohio Code 4778.01
• Collaborative agreement: means the document that is established under division (B) of section 4778. See Ohio Code 4778.01
• Collision: means an occurrence in which two or more objects, whether mobile or stationary, contact one another in a manner that causes the alteration of the surface, structure, or appearance, whether separately or collectively, of an object that is party to the occurrence. See Ohio Code 4775.01
• Collision repair: means any and all restorative or replacement procedures that are performed on and affect or potentially affect the structural, life safety, and cosmetic components of a motor vehicle that has been damaged as a result of a collision. See Ohio Code 4775.01
• collocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure. See Ohio Code 4939.01
• Combined heat and power system: means the coproduction of electricity and useful thermal energy from the same fuel source designed to achieve thermal-efficiency levels of at least sixty per cent, with at least twenty per cent of the system's total useful energy in the form of thermal energy. See Ohio Code 4928.01
• Commercial real estate: means any parcel of real estate in this state other than real estate containing one to four residential units. See Ohio Code 4735.01
• Commission on dietetic registration: means the entity that serves as the credentialing agency for the academy of nutrition and dietetics. See Ohio Code 4759.01
• Commitment: means the transfer of the physical custody of a child or youth from the court to the department of youth services. See Ohio Code 5139.01
• Commodity sales service: means the sale of natural gas to consumers, exclusive of any distribution or ancillary service. See Ohio Code 4929.01
• Common assessments: means assessments that are charged proportionately against all units for common purposes. See Ohio Code 5311.01
• Common element: means any property in a planned community that the owners association holds in fee or has use of pursuant to a lease or easement. See Ohio Code 5312.01
• Common elements: means , unless otherwise provided in the declaration, the following parts of the condominium property:

  (1) The land described in the declaration;

  (2) All other areas, facilities, places, and structures that are not part of a unit, including, but not limited to, the following:

  (a) Foundations, columns, girders, beams, supports, supporting walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of buildings;

  (b) Basements, yards, gardens, parking areas, garages, and storage spaces;

  (c) Premises for the lodging of janitors or persons in charge of the property;

  (d) Installations of central services, including, but not limited to, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating;

  (e) Elevators, tanks, pumps, motors, fans, compressors, ducts, and, in general, all apparatus and installations existing for common use;

  (f) Community and commercial facilities that are not listed in division (F)(2)(a), (b), (c), (d), or (e) of this section but provided for in the declaration;

  (g) All parts of the condominium property that are not listed in division (F)(2)(a), (b), (c), (d), (e), or (f) of this section that are necessary or convenient to its existence, maintenance, and safety, that are normally in common use, or that have been designated as common elements in the declaration or drawings. See Ohio Code 5311.01

• Common expense: means any expense or financial liability of the owners association, including allocations the association designates for reserves. See Ohio Code 5312.01
• Common expenses: means expenses designated as common expenses in this chapter or in the declaration. See Ohio Code 5311.01
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Common profits: means the amount by which the total income received from any of the following exceeds expenses allocable to the particular income, rental, fee, or charge:

  (1) Assessments charged for special benefits to specific units;

  (2) Rents received from the rental of equipment or space in common elements;

  (3) Any other fee, charge, or income other than common assessments. See Ohio Code 5311.01

• Common surplus: means the amount by which common assessments collected during any period exceed common expenses. See Ohio Code 5311.01
• 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

• Community behavioral health services: means both of the following:

  (1) Alcohol and drug addiction services provided by a community addiction services provider, as defined in section 5119. See Ohio Code 5164.01

• community corrections facility: means a county or multicounty rehabilitation center for felony delinquents who have been committed to the department of youth services and diverted from care and custody in an institution and placed in the rehabilitation center pursuant to division (E) of section 5139. See Ohio Code 5139.01
• Community mental health services provider: means an agency, association, corporation, individual, or program that provides either of the following:

  (a) Mental health services that are certified by the director of mental health and addiction services under section 5119. See Ohio Code 5119.01

• Community mental health services provider: means an agency, association, corporation, individual, or program that provides community mental health services that are certified by the director of mental health and addiction services under section 5119. See Ohio Code 5122.01
• Community residential program: means a program that satisfies both of the following:

  (a) It is housed in a building or other structure that has no associated major restraining construction, including, but not limited to, a security fence. See Ohio Code 5139.01

• Competitive retail electric service: means a component of retail electric service that is competitive as provided under division (B) of this section. See Ohio Code 4928.01
• Competitive retail natural gas service: means any retail natural gas service that may be competitively offered to consumers in this state as a result of revised schedules approved under division (C) of section 4929. See Ohio Code 4929.01
• Compilation report: means any compilation report on a financial statement that is issued with respect to financial information of a nonpublic entity in accordance with statements on standards for accounting and review services as promulgated by the American institute of certified public accountants. See Ohio Code 4701.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance failure: means a failure to comply with any provision of sections 153. See Ohio Code 4913.01
• Compounding: means the preparation, mixing, assembling, packaging, and labeling of one or more drugs in any of the following circumstances:

  (1) Pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs;

  (2) Pursuant to the modification of a prescription made in accordance with a consult agreement;

  (3) As an incident to research, teaching activities, or chemical analysis;

  (4) In anticipation of orders for drugs pursuant to prescriptions, based on routine, regularly observed dispensing patterns;

  (5) Pursuant to a request made by a licensed health professional authorized to prescribe drugs for a drug that is to be used by the professional for the purpose of direct administration to patients in the course of the professional's practice, if all of the following apply:

  (a) At the time the request is made, the drug is not commercially available regardless of the reason that the drug is not available, including the absence of a manufacturer for the drug or the lack of a readily available supply of the drug from a manufacturer. See Ohio Code 4729.01

• Comprehensive evaluation: means a study, including a sequence of observations and examinations, of a person leading to conclusions and recommendations formulated jointly, with dissenting opinions if any, by a group of persons with special training and experience in the diagnosis and management of persons with developmental disabilities, which group shall include individuals who are professionally qualified in the fields of medicine, psychology, and social work, together with such other specialists as the individual case may require. See Ohio Code 5123.01
• Comprehensive plan: means a document that coordinates, evaluates, and otherwise assists, on an annual or multi-year basis, all of the functions of the juvenile justice systems of the state or a specified area of the state, that conforms to the priorities of the state with respect to juvenile justice systems, and that conforms with the requirements of all federal criminal justice acts. See Ohio Code 5139.01
• Condominium: means a form of real property ownership in which a declaration has been filed submitting the property to the condominium form of ownership pursuant to this chapter and under which each owner has an individual ownership interest in a unit with the right to exclusive possession of that unit and an undivided ownership interest with the other unit owners in the common elements of the condominium property. See Ohio Code 5311.01
• Condominium development: means a condominium property in which two or more individual residential or water slip units, together with their undivided interests in the common elements of the property, are offered for sale pursuant to a common promotional plan. See Ohio Code 5311.01
• Condominium instruments: means the declaration and accompanying drawings and plans, the bylaws of the unit owners association, the condominium development disclosure statement described in section 5311. See Ohio Code 5311.01
• Condominium ownership interest: means a fee simple estate or a ninety-nine-year leasehold estate, renewable forever, in a unit, together with an appurtenant undivided interest in the common elements. See Ohio Code 5311.01
• Condominium property: means all real and personal property submitted to the provisions of this chapter, including land, the buildings, improvements, and structures on that land, the land under a water slip, the buildings, improvements, and structures that form or that are utilized in connection with that water slip, and all easements, rights, and appurtenances belonging to the land or to the land under a water slip. See Ohio Code 5311.01
• Consignee: means a person or auction firm that, in the regular course of business, takes personal property on consignment to be sold at an online or live auction by a licensed auctioneer. See Ohio Code 4707.01
• Construction project: means a construction project involving a building or structure subject to Chapter 3781. See Ohio Code 4740.01
• Consult agreement: means an agreement that has been entered into under section 4729. See Ohio Code 4729.01
• Consumer: means any person or association of persons purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas, including industrial consumers, commercial consumers, and residential consumers, but not including natural gas companies. See Ohio Code 4929.01
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract beneficiary: means the individual for whom funeral goods and funeral services are provided pursuant to a preneed funeral contract. See Ohio Code 4717.01
• Contracting company: means a company in the construction industry working on construction projects. See Ohio Code 4740.01
• Contractor: means any individual or contracting company that satisfies both of the following:

  (1) Has responsibility for the means, method, and manner of construction, improvement, renovation, repair, or maintenance on a construction project with respect to one or more trades and who offers, identifies, advertises, or otherwise holds out or represents that the individual or contracting company is permitted or qualified to perform or have responsibility for the means, method, and manner of construction, improvement, renovation, repair, or maintenance with respect to one or more trades on a construction project;

  (2) Does either of the following:

  (a) Performs construction, improvement, or renovation on a construction project with respect to the individual's or contracting company's trade;

  (b) Employs tradespersons who perform construction, improvement, or renovation on a construction project with respect to the individual's or contracting company's trades. See Ohio Code 4740.01

• Controlling person: means any of the following:

  (1) An owner, officer, or director of a business entity seeking to offer appraisal management services in this state;

  (2) An individual employed, appointed, or authorized by an appraisal management company, who has the authority to enter into contractual relationships with clients for the performance of appraisal management services and the authority to enter into agreements with appraisers for the performance of residential or commercial real estate appraisal services;

  (3) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. See Ohio Code 4768.01

• Conversion condominium development: means a condominium development that was operated as a rental property and occupied by tenants immediately prior to the submission of the property to the provisions of this chapter. See Ohio Code 5311.01
• Convertible unit: means a unit that may be converted into one or more units and common elements, including limited common elements. See Ohio Code 5311.01
• Conveyance: means any means of transportation subject to the jurisdiction of this chapter, as described in division (A) of section 4785. See Ohio Code 4785.01
• Conveyance services: means erecting, constructing, installing, altering, servicing, repairing, dismantling, removing, or maintaining a conveyance. See Ohio Code 4785.01
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Cosmetic therapy: means the permanent removal of hair from the human body through the use of electric modalities and may include the systematic friction, stroking, slapping, and kneading or tapping of the face, neck, scalp, or shoulders. See Ohio Code 4713.01
• Cosmetologist: means an individual authorized to engage in all branches of cosmetology in a licensed facility. See Ohio Code 4713.01
• Cosmetology: means the art or practice of embellishment, cleansing, beautification, and styling of hair, wigs, postiches, face, body, or nails. See Ohio Code 4713.01
• Cosmetology instructor: means an individual authorized to teach the theory and practice of all branches of cosmetology at a school of cosmetology. See Ohio Code 4713.01
• Cost center: means the following:

  (1) Capital costs;

  (2) Direct care costs;

  (3) Indirect care costs;

  (4) Other protected costs. See Ohio Code 5124.01

• Cost center: means the following:

  (1) Ancillary and support costs;

  (2) Capital costs;

  (3) Direct care costs;

  (4) Tax costs. See Ohio Code 5165.01

• cost report year: means the calendar year immediately preceding the calendar year in which a fiscal year for which a medicaid payment rate determination is made begins. See Ohio Code 5124.01
• Cost-plus contract: means a contract entered into between an owner and a home construction service supplier under which payment to the supplier is based on the cost of a product plus the supplier's rate for labor to install the product plus an agreed percentage of profit or a stipulated fee. See Ohio Code 4722.01
• Costs of nonextensive renovations: means the actual expense incurred by an ICF/IID for depreciation or amortization and interest on renovations approved by the department of developmental disabilities as nonextensive renovations. See Ohio Code 5124.01
• Costs of ownership: means the actual expenses incurred by an ICF/IID for all of the following:

  (a) Subject to division (J)(2) of this section, depreciation and interest on any capital assets that cost five hundred dollars or more per item, including the following:

  (i) Buildings;

  (ii) Building improvements that are not approved as nonextensive renovations for the purpose of section 5124. See Ohio Code 5124.01

• Counterclaim: A claim that a defendant makes against a plaintiff.
• County dog warden: means a dog warden or deputy dog warden appointed or employed under section 955. See Ohio Code 4729.01
• County family services planning committee: means the county family services planning committee established under section 329. See Ohio Code 5108.01
• Court: means the probate division of the court of common pleas. See Ohio Code 5122.01
• Court: means the probate division of the court of common pleas. See Ohio Code 5123.01
• court day: means Monday, Tuesday, Wednesday, Thursday, and Friday, except when such day is a holiday. See Ohio Code 5122.01
• CPA certificate: means a certificate issued under section 4701. See Ohio Code 4701.01
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Cremated remains: means all human or animal remains recovered after the completion of the cremation process, which may include the residue of any foreign matter such as casket material, dental work, or eyeglasses that were cremated with the human or animal remains. See Ohio Code 4717.01
• Cremation: includes processing and may include the pulverization of bone fragments. See Ohio Code 4717.01
• Cremation chamber: means the enclosed space within which cremation takes place. See Ohio Code 4717.01
• Crematory: means the building or portion of a building that houses the holding facility and the cremation chamber. See Ohio Code 4717.01
• Crematory facility: means the physical location at which a cremation chamber is located and the cremation process takes place. See Ohio Code 4717.01
• Crematory operator: means the person who engages, in whole or in part, in cremation from one or more crematories licensed under this chapter and who has been issued a crematory operator permit under this chapter. See Ohio Code 4717.01
• Custodian: means an individual who has legal custody, as defined in section 2151. See Ohio Code 5107.02
• Custom wheelchair: means a wheelchair to which both of the following apply:

  (1) It has been measured, fitted, or adapted in consideration of either of the following:

  (a) The body size or disability of the individual who is to use the wheelchair;

  (b) The individual's period of need for, or intended use of, the wheelchair. See Ohio Code 5165.01

• Customer-generator: means a user of a net metering system. See Ohio Code 4928.01
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous drug: means any of the following:

  (1) Any drug to which either of the following applies:

  (a) Under the "Federal Food, Drug, and Cosmetic Act" 52 Stat. See Ohio Code 4729.01

• Date of licensure: means the following:

  (a) In the case of an ICF/IID that was originally licensed as a nursing home under Chapter 3721 of the Revised Code, the date that it was originally so licensed, regardless that it was subsequently licensed as a residential facility under section 5123. See Ohio Code 5124.01

• Date of licensure: means the following:

  (a) In the case of a nursing facility that was required by law to be licensed as a nursing home under Chapter 3721 of the Revised Code when it originally began to be operated as a nursing home, the date the nursing facility was originally so licensed;

  (b) In the case of a nursing facility that was not required by law to be licensed as a nursing home when it originally began to be operated as a nursing home, the date it first began to be operated as a nursing home, regardless of the date the nursing facility was first licensed as a nursing home. See Ohio Code 5165.01

• Debt adjusting: means doing business in debt adjusting, budget counseling, debt management, or debt pooling service, or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts, to do either of the following:

  (1) To effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor;

  (2) To receive from the debtor and disburse to the debtor's creditors any money or other thing of value. See Ohio Code 4710.01

• Decedent: A deceased person.
• Declarant: means the owner of property who executes and records a declaration that the property is a planned community. See Ohio Code 5312.01
• Declarant control: means the period of time in which the declarant controls the owners association by appointing or electing the members of the association's board of directors. See Ohio Code 5312.01
• Declaration: includes all amendments to that declaration. See Ohio Code 5311.01
• Declaration: means an instrument a property owner executes and records to declare that the property is a planned community subject to the provisions of this chapter. See Ohio Code 5312.01
• Decorative pole: means a pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:

  (1) Electric lighting;

  (2) Specially designed informational or directional signage;

  (3) Temporary holiday or special event attachments. See Ohio Code 4939.01

• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Desk-reviewed: means that an ICF/IID's costs as reported on a cost report filed under section 5124. See Ohio Code 5124.01
• Desk-reviewed: means that a nursing facility's costs as reported on a cost report submitted under section 5165. See Ohio Code 5165.01
• Developer: includes the declarant of a condominium development and any successor to that declarant who stands in the same relation to the condominium development as the declarant. See Ohio Code 5311.01
• Development: means any artificial change to improved or unimproved real estate, including, without limitation, buildings or structures, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, and the construction, expansion, or substantial alteration of a manufactured home park, for which plan review is required under division (A) of section 4781. See Ohio Code 4781.01
• Developmental center: means a residential facility that is maintained and operated by the department of developmental disabilities. See Ohio Code 5124.01
• Developmental disability: includes intellectual disability. See Ohio Code 5126.01
• Devise: To gift property by will.
• Dialysis care: means the care and procedures that a dialysis technician or dialysis technician intern is authorized to provide and perform, as specified in section 4723. See Ohio Code 4723.01
• Dialysis technician: means an individual who holds a current, valid certificate to practice as a dialysis technician issued under section 4723. See Ohio Code 4723.01
• Dialysis technician intern: means an individual who has not passed the dialysis technician certification examination required by section 4723. See Ohio Code 4723.01
• Direct care costs: means all of the following costs incurred by an ICF/IID:

  (1) Costs for registered nurses, licensed practical nurses, and nurse aides employed by the ICF/IID;

  (2) Costs for direct care staff, administrative nursing staff, medical directors, respiratory therapists, physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, speech therapists, audiologists, habilitation staff (including habilitation supervisors), qualified intellectual disability professionals, program directors, social services staff, activities staff, psychologists, psychology assistants, social workers, counselors, and other persons holding degrees qualifying them to provide therapy;

  (3) Costs of purchased nursing services;

  (4) Costs of training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs as specified in rules adopted under section 5124. See Ohio Code 5124.01

• Direct care costs: means all of the following costs incurred by a nursing facility:

  (1) Costs for registered nurses, licensed practical nurses, and nurse aides employed by the nursing facility;

  (2) Costs for direct care staff, administrative nursing staff, medical directors, respiratory therapists, and except as provided in division (O)(8) of this section, other persons holding degrees qualifying them to provide therapy;

  (3) Costs of purchased nursing services;

  (4) Costs of quality assurance;

  (5) Costs of training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs as specified in rules adopted under section 5165. See Ohio Code 5165.01

• Direct supervision: means the physical presence of a licensed funeral director or licensed embalmer while the specific functions of the funeral or embalming are being carried out. See Ohio Code 4717.01
• Direct veterinary supervision: means a licensed veterinarian is in the immediate area and within audible range, visual range, or both, of a patient and the person administering to the patient. See Ohio Code 4741.01
• Disabled licensee: means a person licensed pursuant to this chapter who is under a severe disability which is of such a nature as to prevent the person from being able to attend any instruction lasting at least three hours in duration. See Ohio Code 4735.01
• Disaster situation: means any condition or situation described by rule of the state board of emergency medical, fire, and transportation services as a mass casualty, major emergency, natural disaster, or national emergency. See Ohio Code 4766.01
• Discharge: means that the department of youth services' legal custody of a child is terminated. See Ohio Code 5139.01
• Disciplinary time: means additional time that the department of youth services requires a felony delinquent to serve in an institution, that delays the felony delinquent's planned release, and that the department imposes upon the felony delinquent following the conduct of an internal due process hearing for having committed any of the following acts while committed to the department and in the care and custody of an institution:

  (a) An act that if committed by an adult would be a felony;

  (b) An act that if committed by an adult would be a misdemeanor;

  (c) An act that is not described in division (A)(18)(a) or (b) of this section and that violates an institutional rule of conduct of the department. See Ohio Code 5139.01

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distance education: means courses required by divisions (B)(6) and (G) of section 4735. See Ohio Code 4735.01
• Distribution service: means the delivery of natural gas to a consumer at the consumer's facilities, by and through the instrumentalities and facilities of a natural gas company, regardless of the party having title to the natural gas. See Ohio Code 4929.01
• Docket: A log containing brief entries of court proceedings.
• Domestic violence: means being subjected to any of the following:

  (1) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

  (2) Sexual abuse;

  (3) Sexual activity involving a dependent child;

  (4) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

  (5) Threats of, or attempts at, physical or sexual abuse;

  (6) Mental abuse;

  (7) Neglect or deprivation of medical care. See Ohio Code 5107.02

• Donor: The person who makes a gift.
• Dower: A widow
• Drug: means :

  (1) Any article recognized in the United States pharmacopoeia and national formulary, or any supplement to them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

  (2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

  (3) Any article, other than food, intended to affect the structure or any function of the body of humans or animals;

  (4) Any article intended for use as a component of any article specified in division (E)(1), (2), or (3) of this section; but does not include devices or their components, parts, or accessories. See Ohio Code 4729.01

• Drug addiction: means the use of a drug of abuse, as defined in section 3719. See Ohio Code 5119.01
• Dwelling unit: means a detached building or the portion of a building that is designed and intended for use and occupancy for residential purposes by a single household or family. See Ohio Code 5312.01
• Early childhood services: means a planned program of habilitation designed to meet the needs of individuals with developmental disabilities who have not attained compulsory school age. See Ohio Code 5126.01
• Education: means the process of formal training and instruction to facilitate the intellectual and emotional development of residents. See Ohio Code 5123.01
• Educational institution: means any institution located in this state, public or private, that provides elementary or secondary education to students as its primary function. See Ohio Code 4771.01
• Effective date of a change of operator: means the day the entering operator becomes the operator of the ICF/IID. See Ohio Code 5124.01
• Effective date of a change of operator: means the day the entering operator becomes the operator of the nursing facility. See Ohio Code 5165.01
• Effective date of a facility closure: means the last day that the last of the residents of the ICF/IID resides in the ICF/IID. See Ohio Code 5124.01
• Effective date of a facility closure: means the last day that the last of the residents of the nursing facility resides in the nursing facility. See Ohio Code 5165.01
• Effective date of a voluntary withdrawal of participation: means the day the nursing facility ceases to accept new medicaid residents other than the individuals who reside in the nursing facility on the day before the effective date of the voluntary withdrawal of participation. See Ohio Code 5165.01
• Effective date of an involuntary termination: means the date the department of medicaid terminates the operator's provider agreement for the ICF/IID or the last day that such a provider agreement is in effect when the department cancels or refuses to revalidate it. See Ohio Code 5124.01
• Effective date of an involuntary termination: means the date the department of medicaid terminates the operator's provider agreement for the nursing facility. See Ohio Code 5165.01
• Electric cooperative: means a not-for-profit electric light company that both is or has been financed in whole or in part under the "Rural Electrification Act of 1936" 49 Stat. See Ohio Code 4928.01
• Electric distribution utility: means an electric utility that supplies at least retail electric distribution service. See Ohio Code 4928.01
• Electric services company: includes a power marketer, power broker, aggregator, or independent power producer but excludes an electric cooperative, municipal electric utility, governmental aggregator, or billing and collection agent. See Ohio Code 4928.01
• Electric utility: means an electric light company that has a certified territory and is engaged on a for-profit basis either in the business of supplying a noncompetitive retail electric service in this state or in the businesses of supplying both a noncompetitive and a competitive retail electric service in this state. See Ohio Code 4928.01
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Elevator: means a conveyance defined as an elevator in the elevators and escalators safety code. See Ohio Code 4785.01
• Elevator contractor: means any business entity that has been issued an elevator contractor's license under this chapter and that is engaged in the business of providing conveyance services. See Ohio Code 4785.01
• Elevator mechanic: means any individual who has been issued an elevator mechanic's license under this chapter. See Ohio Code 4785.01
• Elevators and escalators safety code: means the safety code adopted by the American society of mechanical engineers commonly referred to as ASME A17. See Ohio Code 4785.01
• Embalmer: means a person who engages, in whole or in part, in embalming and who is licensed under this chapter. See Ohio Code 4717.01
• Embalming: means the process of chemically treating the dead human body by any of the following to reduce the presence and growth of microorganisms, to temporarily slow organic decomposition, and to restore acceptable physical appearance:

  (1) Arterial injection;

  (2) Cavity treatment;

  (3) Hypodermic tissue injection. See Ohio Code 4717.01

• Embalming facility: means a fixed location, separate from the funeral home, that is licensed under this chapter whose only function is the embalming and preparation of dead human bodies. See Ohio Code 4717.01
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Embryo transfer: means the removal of an embryo ovum from the reproductive tract of an animal and its transfer to the reproductive tract of another animal for the purpose of gestation and birth. See Ohio Code 4741.01
• Emergency medical service: includes such services performed before or during any transport of a patient, including transports between hospitals and transports to and from helicopters. See Ohio Code 4765.01
• Emergency medical service organization: means a public or private organization using first responders, EMTs-basic, EMTs-I, or paramedics, or a combination of first responders, EMTs-basic, EMTs-I, and paramedics, to provide emergency medical services. See Ohio Code 4765.01
• Emergency medical service organization: means an organization that uses emergency medical technicians-basic, emergency medical technicians-intermediate, or emergency medical technicians-paramedic, or a combination of EMTs-basic, EMTs-I, and paramedics, to provide medical care to victims of illness or injury. See Ohio Code 4766.01
• Emergency medical service personnel: means first responders, emergency medical technicians-basic, emergency medical technicians-intermediate, emergency medical technicians-paramedic, and persons who provide medical direction to such persons. See Ohio Code 4765.01
• Employee: means every person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go, or work, or be at any time in any place of employment, provided that the employer of the employee deducts all applicable state and federal employment taxes on behalf of the employee. See Ohio Code 4749.01
• Employee: means a person who either:

  (1) Receives compensation for duties performed in a child care center, type A family child care home, licensed type B family child care home, or approved child day camp;

  (2) Is assigned specific working hours or duties in a child care center, type A family child care home, licensed type B family child care home, or approved child day camp. See Ohio Code 5104.01

• Employer: means a person, firm, institution, organization, or agency that operates a child care center, type A family child care home, licensed type B family child care home, or approved child day camp subject to licensure or approval under this chapter. See Ohio Code 5104.01
• Employment services: means prevocational services or supported employment services. See Ohio Code 5126.01
• EMT-basic: means an individual who holds a current, valid certificate issued under section 4765. See Ohio Code 4765.01
• EMT-I: means an individual who holds a current, valid certificate issued under section 4765. See Ohio Code 4765.01
• Engaging in business: means commencing, conducting, or continuing in business, or liquidating a business when the liquidator thereof holds self out to be conducting such business; making a casual sale or otherwise making transfers in the ordinary course of business when the transfers are made in connection with the disposition of all or substantially all of the transferor's assets is not engaging in business. See Ohio Code 4781.01
• Engineer: means a graduate of an accredited engineering curriculum or a person registered as a professional engineer under this chapter, or both. See Ohio Code 4733.01
• Enrollee: means a medicaid recipient who participates in the care management system and enrolls in a medicaid MCO plan. See Ohio Code 5167.01
• Entering operator: means the person or government entity that will become the operator of an ICF/IID when a change of operator occurs or following an involuntary termination. See Ohio Code 5124.01
• Entering operator: means the person or government entity that will become the operator of a nursing facility when a change of operator occurs or following an involuntary termination. See Ohio Code 5165.01
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Equity interest: means any capital interest or profit interest in a sole proprietorship, partnership, professional association, corporation-for-profit, limited liability company, or other business organization. See Ohio Code 4701.01
• Escalator: means a conveyance defined as an escalator in the elevators and escalators safety code. See Ohio Code 4785.01
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estate auction: means the auction of real or personal property of a deceased person. See Ohio Code 4707.01
• Esthetician: means an individual who engages in the practice of esthetics but no other branch of cosmetology in a licensed facility. See Ohio Code 4713.01
• Esthetics instructor: means an individual who teaches the theory and practice of esthetics, but no other branch of cosmetology, at a school of cosmetology. See Ohio Code 4713.01
• Esthetics salon: means a salon in which an individual engages in the practice of esthetics but no other branch of cosmetology. See Ohio Code 4713.01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Examination report: means any examination report on a financial statement that is issued with respect to another party's written assertion in accordance with statements on standards for attestation engagements as promulgated by the American institute of certified public accountants. See Ohio Code 4701.01
• Exclusive agency agreement: means an agency agreement between a seller and broker that meets the requirements of section 4735. See Ohio Code 4735.01
• Exclusive purchaser agency agreement: means an agency agreement between a purchaser and broker that meets the requirements of section 4735. See Ohio Code 4735.01
• Exclusive right to sell or lease listing agreement: means an agency agreement between a seller and broker that meets the requirements of section 4735. See Ohio Code 4735.01
• Exclusive use area: means common elements that the declaration reserves for delegation by the board of directors to the use of a certain unit or units, to the exclusion of other units. See Ohio Code 5311.01
• Executive director: means the person charged with the responsibility of administering the powers and duties of a public children services agency appointed pursuant to section 5153. See Ohio Code 5153.01
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• Exiting operator: means any of the following:

  (1) An operator that will cease to be the operator of an ICF/IID on the effective date of a change of operator;

  (2) An operator that will cease to be the operator of an ICF/IID on the effective date of a facility closure;

  (3) An operator of an ICF/IID that is undergoing or has undergone a voluntary termination;

  (4) An operator of an ICF/IID that is undergoing or has undergone an involuntary termination. See Ohio Code 5124.01

• Exiting operator: means any of the following:

  (1) An operator that will cease to be the operator of a nursing facility on the effective date of a change of operator;

  (2) An operator that will cease to be the operator of a nursing facility on the effective date of a facility closure;

  (3) An operator of a nursing facility that is undergoing or has undergone a voluntary withdrawal of participation;

  (4) An operator of a nursing facility that is undergoing or has undergone an involuntary termination. See Ohio Code 5165.01

• Expandable condominium property: means a condominium property in which the original declaration reserves the right to add additional property. See Ohio Code 5311.01
• Expunge: means :

  (1) The removal and destruction of court files and records, originals and copies, and the deletion of all index references;

  (2) The reporting to the person of the nature and extent of any information about the person transmitted to any other person by the court;

  (3) Otherwise insuring that any examination of court files and records in question shall show no record whatever with respect to the person;

  (4) That all rights and privileges are restored, and that the person, the court, and any other person may properly reply that no such record exists, as to any matter expunged. See Ohio Code 5122.01

• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• facility closure: means either of the following:

  (a) Discontinuance of the use of the building, or part of the building, that houses the facility as an ICF/IID that results in the relocation of all of the facility's residents;

  (b) Conversion of the building, or part of the building, that houses an ICF/IID to a different use with any necessary license or other approval needed for that use being obtained and one or more of the facility's residents remaining in the facility to receive services under the new use. See Ohio Code 5124.01

• facility closure: means either of the following:

  (a) Discontinuance of the use of the building, or part of the building, that houses the facility as a nursing facility that results in the relocation of all of the nursing facility's residents;

  (b) Conversion of the building, or part of the building, that houses a nursing facility to a different use with any necessary license or other approval needed for that use being obtained and one or more of the nursing facility's residents remaining in the building, or part of the building, to receive services under the new use. See Ohio Code 5165.01

• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family support services: means the services provided under a family support services program operated under section 5126. See Ohio Code 5126.01
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal financial participation: means the federal government's share of expenditures made by an entity in implementing a medical assistance program. See Ohio Code 5160.01
• Federal poverty line: means the official poverty guideline as revised annually in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981" 95 Stat. See Ohio Code 5104.01
• federal poverty line: means the official poverty line defined by the United States office of management and budget based on the most recent data available from the United States bureau of the census and revised by the United States secretary of health and human services pursuant to the "Omnibus Budget Reconciliation Act of 1981" section 673(2), 42 U. See Ohio Code 5161.01
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Federally regulated appraisal management company: means an appraisal management company that is owned and controlled by an insured depository institution as defined in 12 U. See Ohio Code 4768.01
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Felony: means a criminal act classified as a felony by this state, any other state, or federal law. See Ohio Code 4717.01
• Felony delinquent: includes any adult who is between the ages of eighteen and twenty-one and who is in the legal custody of the department of youth services for having committed an act that if committed by an adult would be a felony. See Ohio Code 5139.01
• Fiduciary: A trustee, executor, or administrator.
• Fifth pathway training: means supervised clinical training obtained in the United States as a substitute for the internship or social service requirements of a foreign medical school. See Ohio Code 4731.04
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Firefighter: means any member of a fire department as defined in section 742. See Ohio Code 4765.01
• Firm manager: means the individual designated by an auction firm who is responsible for ensuring that the auction firm complies with this chapter. See Ohio Code 4707.01
• First responder: means an individual who holds a current, valid certificate issued under section 4765. See Ohio Code 4765.01
• Fiscal biennial period: means a two-year period beginning on the first day of July of an odd-numbered year and ending on the last day of June of the next odd-numbered year. See Ohio Code 5116.01
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fiscal year: means the fiscal year of this state, as specified in section 9. See Ohio Code 5124.01
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fixed wing air ambulance: means a fixed wing aircraft that is specifically designed, constructed, or modified and equipped and is intended to be used as a means of air medical transportation. See Ohio Code 4766.01
• Flood plain: means the area adjoining any river, stream, watercourse, or lake that has been or may be covered by flood water. See Ohio Code 4781.01
• flooding: means either of the following:

  (1) A general and temporary condition of partial or complete inundation of normally dry land areas from any of the following:

  (a) The overflow of inland or tidal waters;

  (b) The unusual and rapid accumulation or runoff of surface waters from any source;

  (c) Mudslides that are proximately caused by flooding as defined in division (AA)(1)(b) of this section and that are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. See Ohio Code 4781.01

• For-hire motor carrier: includes the carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching drivers and employees concerned with the installation, inspection, and maintenance of motor-vehicle equipment and accessories. See Ohio Code 4921.01
• For-hire motor carrier: includes the carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching drivers and employees concerned with the installation, inspection, and maintenance of motor-vehicle equipment and accessories. See Ohio Code 4923.01
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign certificate: means a license, permit, certificate, or registration issued to a certified public accountant under the laws of another state that authorizes the holder to practice public accounting in that state, is valid, is in good standing, and has not expired. See Ohio Code 4701.01
• Foreign real estate: means real estate not situated in this state and any interest in real estate not situated in this state. See Ohio Code 4735.01
• Foreign real estate dealer: includes any person, partnership, association, limited liability company, limited liability partnership, or corporation, foreign or domestic, who for another, whether pursuant to a power of attorney or otherwise, and who for a fee, commission, or other valuable consideration, or with the intention, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration, does or deals in any act or transaction specified or comprehended in division (A) of this section with respect to foreign real estate. See Ohio Code 4735.01
• Foreign real estate salesperson: means any person associated with a licensed foreign real estate dealer to do or deal in any act or transaction specified or comprehended in division (A) of this section with respect to foreign real estate, for compensation or otherwise. See Ohio Code 4735.01
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Franchise permit fee: means the fee imposed by sections 5168. See Ohio Code 5124.01
• Franchise permit fee: means the fee imposed by sections 5168. See Ohio Code 5165.01
• Fraud: Intentional deception resulting in injury to another.
• Funeral business: means a sole proprietorship, partnership, corporation, limited liability company, or other business entity that is engaged in funeral directing for profit or for free from one or more funeral homes licensed under this chapter. See Ohio Code 4717.01
• Funeral directing: means the business or profession of directing or supervising funerals for profit from one or more funeral homes licensed under this chapter, the arrangement or sale of funeral services, the filling out or execution of a funeral service contract, the business or profession of preparing dead human bodies for burial by means other than embalming, the disposition of dead human bodies, the provision or maintenance of a place for the preparation, the care, or disposition of dead human bodies, the use in connection with a business of the term "funeral director" "undertaker" "mortician" or any other term from which can be implied the business of funeral directing, or the holding out to the public that one is a funeral director or a disposer of dead human bodies. See Ohio Code 4717.01
• Funeral director: means a person who engages, in whole or in part, in funeral directing and who is licensed under this chapter. See Ohio Code 4717.01
• funeral goods: includes caskets. See Ohio Code 4717.01
• Funeral home: means a fixed place for the care, preparation for burial, or disposition of dead human bodies or the conducting of funerals. See Ohio Code 4717.01
• Gambling addiction: means the use of gambling by an individual to the extent that it causes psychological, financial, emotional, marital, legal, or other difficulties endangering the health, safety, or welfare of the individual or others. See Ohio Code 5119.01
• Gambling addiction services: means services for the treatment of persons who have a gambling addiction and for the prevention of gambling addiction. See Ohio Code 5119.01
• Gambling disorder: means a persistent and recurring maladaptive gambling behavior that is classified in accepted nosologies, including the diagnostic and statistical manual of mental disorders and the international classification of diseases, and in editions of those nosologies published after September 15, 2014. See Ohio Code 4758.01
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• genealogical research: means the determination of the origins and descent of families, including the identification of individuals, their family relationships, and the biographical details of their lives. See Ohio Code 4749.01
• General x-ray machine operator: means an individual who operates ionizing radiation-generating equipment in order to perform standard radiology procedures; whose performance of such procedures is limited to specific body sites; and who does not, to any significant degree, determine procedure positioning or the dosage of radiation to which a patient is exposed. See Ohio Code 4773.01
• Genetic counselor: means an individual who engages in any of the activities authorized under section 4778. See Ohio Code 4778.01
• Geriatric: means involving a patient who is at least seventy years old or exhibits significant anatomical or physiological characteristics associated with advanced aging. See Ohio Code 4765.01
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good standing: means that the individual's out-of-state occupational license, government certification, or private certification, as applicable, is not restricted or limited by the entity that regulates the out-of-state license, government certification, or private certification. See Ohio Code 4796.01
• Government certification: means authorization from a licensing authority, one of the uniformed services, or the government of another state to an individual who meets qualifications related to a profession, occupation, or occupational activity to which both of the following apply:

  (a) Only an individual holding the authorization may use a specific title or titles when advertising or holding the individual's self out to engage in the profession, occupation, or occupational activity. See Ohio Code 4796.01

• Governmental aggregator: means a legislative authority of a municipal corporation, a board of township trustees, or a board of county commissioners acting as an aggregator for the provision of a competitive retail electric service under authority conferred under section 4928. See Ohio Code 4928.01
• Governmental aggregator: means either of the following:

  (1) A legislative authority of a municipal corporation, a board of township trustees, or a board of county commissioners acting exclusively under section 4929. See Ohio Code 4929.01

• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Graduate medical education: means education received through any of the following:

  (1) An internship, residency, or clinical fellowship program conducted in the United States and accredited by either the accreditation council for graduate medical education of the American medical association or the American osteopathic association;

  (2) A clinical fellowship program that is not accredited as described in division (B)(1) of this section, but is conducted in the United States at an institution with a residency program that is accredited as described in that division and is in a clinical field the same as or related to the clinical field of the fellowship program;

  (3) An internship program conducted in Canada and accredited by the committee on accreditation of preregistration physician training programs of the federation of provincial medical licensing authorities of Canada;

  (4) A residency program conducted in Canada and accredited by either the royal college of physicians and surgeons of Canada or the college of family physicians of Canada. See Ohio Code 4731.04

• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Guardian: means an individual that is granted authority by a probate court pursuant to Chapter 2111 of the Revised Code, or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents. See Ohio Code 5107.02
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Habilitation: means the process by which the staff of the institution assists the resident in acquiring and maintaining those life skills that enable the resident to cope more effectively with the demands of the resident's own person and of the resident's environment and in raising the level of the resident's physical, mental, social, and vocational efficiency. See Ohio Code 5123.01
• Habilitation: means the process by which the staff of the facility or agency assists an individual with a developmental disability in acquiring and maintaining those life skills that enable the individual to cope more effectively with the demands of the individual's own person and environment, and in raising the level of the individual's personal, physical, mental, social, and vocational efficiency. See Ohio Code 5126.01
• Hair design instructor: means an individual who teaches the theory and practice of hair design, but no other branch of cosmetology, at a school of cosmetology. See Ohio Code 4713.01
• Hair design salon: means a salon in which an individual engages in the practice of hair design but no other branch of cosmetology. See Ohio Code 4713.01
• Hair designer: means an individual who engages in the practice of hair design but no other branch of cosmetology in a licensed facility. See Ohio Code 4713.01
• Hair removal: includes tweezing, waxing, sugaring, and threading. See Ohio Code 4713.01
• Head start program: means a school-readiness program that satisfies all of the following:

  (1) Is for children from birth to age five who are from low-income families;

  (2) Receives funds distributed under the "Improving Head Start for School-Readiness Act of 2007" 42 U. See Ohio Code 5104.01

• Health care facility: means any of the following:

  (1) A hospital registered with the department of health under section 3701. See Ohio Code 4730.01

• Health care practitioner: means all of the following:

  (1) A dentist or dental hygienist licensed under Chapter 4715 of the Revised Code;

  (2) A registered or licensed practical nurse licensed under Chapter 4723 of the Revised Code;

  (3) An optometrist licensed under Chapter 4725 of the Revised Code;

  (4) A dispensing optician, spectacle dispensing optician, or spectacle-contact lens dispensing optician licensed under Chapter 4725 of the Revised Code;

  (5) A pharmacist licensed under Chapter 4729 of the Revised Code;

  (6) A physician authorized under Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;

  (7) A physician assistant authorized under Chapter 4730 of the Revised Code to practice as a physician assistant;

  (8) A practitioner of a limited branch of medicine issued a certificate under Chapter 4731 of the Revised Code;

  (9) A psychologist licensed under Chapter 4732 of the Revised Code;

  (10) A chiropractor licensed under Chapter 4734 of the Revised Code;

  (11) A hearing aid dealer or fitter licensed under Chapter 4747 of the Revised Code;

  (12) A speech-language pathologist or audiologist licensed under Chapter 4753 of the Revised Code;

  (13) An occupational therapist or occupational therapy assistant licensed under Chapter 4755 of the Revised Code;

  (14) A physical therapist or physical therapy assistant licensed under Chapter 4755 of the Revised Code;

  (15) A licensed professional clinical counselor, licensed professional counselor, social worker, or independent social worker licensed, or a social work assistant registered, under Chapter 4757 of the Revised Code;

  (16) A dietitian licensed under Chapter 4759 of the Revised Code;

  (17) A respiratory care professional licensed under Chapter 4761 of the Revised Code;

  (18) An emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic certified under Chapter 4765 of the Revised Code. See Ohio Code 4769.01

• Health officer: means any public health physician; public health nurse; or other person authorized or designated by a city or general health district or a board of alcohol, drug addiction, and mental health services to perform the duties of a health officer under this chapter. See Ohio Code 5122.01
• Healthcheck: means the component of the medicaid program that provides early and periodic screening, diagnostic, and treatment services. See Ohio Code 5164.01
• Healthy start component: means the component of the medicaid program that covers pregnant women and children and is identified in rules adopted under section 5162. See Ohio Code 5162.01
• Herbal therapy: means the use of foods, herbs, vitamins, minerals, organ extracts, and homeopathy. See Ohio Code 4762.01
• Historic district: means a building, property, or site, or group of buildings, properties, or sites that are either of the following:

  (1) Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI. See Ohio Code 4939.01

• Home and community-based services: means medicaid-funded home and community-based services specified in division (A)(1) of section 5166. See Ohio Code 5123.01
• Home and community-based services: means services provided under a home and community-based services medicaid waiver component. See Ohio Code 5162.01
• Home and community-based services medicaid waiver component: means a medicaid waiver component under which home and community-based services are provided as an alternative to hospital services, nursing facility services, or ICF/IID services. See Ohio Code 5166.01
• Home construction service: means the construction of a residential building. See Ohio Code 4722.01
• Home construction service contract: means a contract between an owner and a supplier to perform home construction services, including services rendered based on a cost-plus contract, for an amount exceeding twenty-five thousand dollars. See Ohio Code 4722.01
• Home inspection: means the process by which a home inspector conducts a visual examination of the readily accessible components of a residential building for a client. See Ohio Code 4764.01
• Home inspection report: means a written report prepared by a licensed home inspector for compensation and issued after an on-site inspection of a residential property. See Ohio Code 4764.01
• Home medical equipment: means equipment that can stand repeated use, is primarily and customarily used to serve a medical purpose, is not useful to a person in the absence of illness or injury, is appropriate for use in the home, and is one or more of the following:

  (1) Life-sustaining equipment prescribed by an authorized health care professional that mechanically sustains, restores, or supplants a vital bodily function, such as breathing;

  (2) Technologically sophisticated medical equipment prescribed by an authorized health care professional that requires individualized adjustment or regular maintenance by a home medical equipment services provider to maintain a patient's health care condition or the effectiveness of the equipment;

  (3) An item specified by the state board of pharmacy in rules adopted under division (B) of section 4752. See Ohio Code 4752.01

• Home medical equipment services: means the sale, delivery, installation, maintenance, replacement, or demonstration of home medical equipment. See Ohio Code 4752.01
• Home medical equipment services provider: means a person engaged in offering home medical equipment services to the public. See Ohio Code 4752.01
• Homeless child care: means child care provided to a child who satisfies any of the following:

  (1) Is homeless as defined in 42 U. See Ohio Code 5104.01

• Homeopathy: means a noninvasive system of natural and alternative medicine that seeks to stimulate the human body's ability to heal itself through the use of small doses of highly diluted substances prepared from animal, vegetable, or mineral sources. See Ohio Code 4762.01
• Hospital: means a facility that meets the operating standards of section 3727. See Ohio Code 4761.01
• Hospital: means a hospital or inpatient unit licensed by the department of mental health and addiction services under section 5119. See Ohio Code 5119.01
• Hospital: means a hospital or inpatient unit licensed by the department of mental health and addiction services under section 5119. See Ohio Code 5122.01
• Household goods: means personal effects and property used or to be used in a dwelling, excluding property moving from a factory or store. See Ohio Code 4921.01
• hydroelectric facility: means a hydroelectric generating facility that is located at a dam on a river, or on any water discharged to a river, that is within or bordering this state or within or bordering an adjoining state and meets all of the following standards:

  (i) The facility provides for river flows that are not detrimental for fish, wildlife, and water quality, including seasonal flow fluctuations as defined by the applicable licensing agency for the facility. See Ohio Code 4928.01

• Immediate family: means an individual's spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or the spouse or guardian of any of the individuals described in this division. See Ohio Code 4771.01
• Immediate family: means parents, grandparents, brothers, sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law. See Ohio Code 5126.01
• imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• In-home aide: means a person who does not reside with the child but provides care in the child's home and is certified by a county director of job and family services pursuant to section 5104. See Ohio Code 5104.01
• Inactive license: means the license status in which a salesperson's license is in the possession of the division, renewed as required under this chapter or rules adopted under this chapter, and not associated with a real estate broker. See Ohio Code 4735.01
• Included opioid and co-occurring drug addiction services and recovery supports: means the addiction services and recovery supports that, pursuant to section 340. See Ohio Code 5119.01
• Income: means gross income, as defined in section 5107. See Ohio Code 5104.01
• Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that:

  (a) On February 8, 1996, provided telephone exchange service in such area; and

  (b)(i) On February 8, 1996, was deemed to be a member of the exchange carrier association pursuant to 47 C. See Ohio Code 4927.01

• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent contractor: means an individual who is not an employee of a salon but practices a branch of cosmetology within a salon in a licensed facility. See Ohio Code 4713.01
• Independent expert evaluation: means an evaluation conducted by a licensed clinical psychologist, psychiatrist, or licensed physician who has been selected by the respondent or the respondent's counsel and who consents to conducting the evaluation. See Ohio Code 5122.01
• independent insurance adjustment: means conducting investigations to determine the cause of or circumstances concerning a fire, accident, bodily injury, or damage to real or personal property; determining the extent of damage of that fire, accident, injury, or property damage; securing evidence for use in a legislative, administrative, or judicial investigation or proceeding, adjusting losses; and adjusting or settling claims, including the investigation, adjustment, denial, establishment of damages, negotiation, settlement, or payment of claims in connection with insurance contractors, self-insured programs, or other similar insurance programs. See Ohio Code 4749.01
• Independent school psychologist: means any person who, outside of the scope of employment as described in division (D)(2) of this section, holds self out to the public by any title or description of services incorporating the words "independent school psychologist" or "independent school psychology" or who holds self out to be trained, experienced, or an expert in the practice of independent school psychology. See Ohio Code 4732.01
• Indicator checklist: means an inspection tool, used in conjunction with an instrument-based program monitoring information system, that contains selected licensing requirements that are statistically reliable indicators or predictors of a child care center's, type A family child care home's, or licensed type B family child care home's compliance with licensing requirements. See Ohio Code 5104.01
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Indigent: means unable without deprivation of satisfaction of basic needs to provide for the payment of an attorney and other necessary expenses of legal representation, including expert testimony. See Ohio Code 5122.01
• Indigent person: means a person who is unable, without substantial financial hardship, to provide for the payment of an attorney and for other necessary expenses of legal representation, including expert testimony. See Ohio Code 5123.01
• Indirect care costs: includes costs of habilitation supplies, pharmacy consultants, medical and habilitation records, program supplies, incontinence supplies, food, enterals, dietary supplies and personnel, laundry, housekeeping, security, administration, liability insurance, bookkeeping, purchasing department, human resources, communications, travel, dues, license fees, subscriptions, home office costs not otherwise allocated, legal services, accounting services, minor equipment, maintenance and repair expenses, help-wanted advertising, informational advertising, start-up costs, organizational expenses, other interest, property insurance, employee training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs, as specified in rules adopted under section 5124. See Ohio Code 5124.01
• Individual: means a natural person. See Ohio Code 4798.01
• Infant: means a child who is less than eighteen months of age. See Ohio Code 5104.01
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inlay: means any removable material on which the foot rests inside a shoe and that may be an integral design component of the shoe. See Ohio Code 4779.01
• Inpatient days: means both of the following:

  (1) All days during which a resident, regardless of payment source, occupies a bed in an ICF/IID that is included in the ICF/IID's medicaid-certified capacity;

  (2) All days for which payment is made under section 5124. See Ohio Code 5124.01

• Inpatient days: means both of the following:

  (1) All days during which a resident, regardless of payment source, occupies a licensed bed in a nursing facility;

  (2) Fifty per cent of the days for which payment is made under section 5165. See Ohio Code 5165.01

• Installation: means any of the following:

  (1) The temporary or permanent construction of stabilization, support, and anchoring systems for manufactured housing;

  (2) The placement and erection of a manufactured housing unit or components of a unit on a structural support system;

  (3) The supporting, blocking, leveling, securing, anchoring, underpinning, or adjusting of any section or component of a manufactured housing unit;

  (4) The joining or connecting of all sections or components of a manufactured housing unit. See Ohio Code 4781.01

• Institution: means a public or private facility, or a part of a public or private facility, that is licensed by the appropriate state department and is equipped to provide residential habilitation, care, and treatment for persons with intellectual disabilities. See Ohio Code 5123.01
• institution: means a state facility that is created by the general assembly and that is under the management and control of the department of youth services or a private entity with which the department has contracted for the institutional care and custody of felony delinquents. See Ohio Code 5139.01
• Institution of higher education: includes all of the following:

  (1) A state institution of higher education, as defined in section 3345. See Ohio Code 4735.01

• Institution of higher education: means a state university or college or a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713 of the Revised Code. See Ohio Code 4771.01
• Instructor license: means a license to teach the theory and practice of a branch of cosmetology at a school of cosmetology. See Ohio Code 4713.01
• Instrument-based program monitoring information system: means a method to assess compliance with licensing requirements for child care centers, type A family child care homes, and licensed type B family child care homes in which each licensing requirement is assigned a weight indicative of the relative importance of the requirement to the health, growth, and safety of the children that is used to develop an indicator checklist. See Ohio Code 5104.01
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Intellectual disability: means a disability characterized by having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period. See Ohio Code 5123.01
• Intellectual disability: means a mental impairment manifested during the developmental period characterized by significantly subaverage general intellectual functioning existing concurrently with deficiencies in the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of the individual's age and cultural group. See Ohio Code 5126.01
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intermediate life support: means treatment that an emergency medical technician-intermediate is authorized to perform under section 4765. See Ohio Code 4766.01
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
• Internet protocol-enabled services: means any services, capabilities, functionalities, or applications that are provided using internet protocol or a successor protocol to enable an end user to send or receive communications in internet protocol format or a successor format, regardless of how any particular such service is classified by the federal communications commission, and includes voice over internet protocol service. See Ohio Code 4927.01
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Interstate-access component: means the portion of carrier access that is within the jurisdiction of the federal communications commission. See Ohio Code 4927.01
• Intestate: Dying without leaving a will.
• Intrastate commerce: means any trade, traffic, or transportation in any state which is not described in the term "interstate commerce. See Ohio Code 4921.01
• Invasive procedure: means any procedure that involves cutting or otherwise infiltrating human tissue by mechanical means including surgery, laser surgery, ionizing radiation, therapeutic ultrasound, administering medication by injection, or the removal of intraocular foreign bodies. See Ohio Code 4725.01
• Investigational drug or product: means a drug or product that has successfully completed phase one of the United States food and drug administration clinical trials and remains under clinical trial, but has not been approved for general use by the United States food and drug administration. See Ohio Code 4729.01
• Involuntary termination: means the department of medicaid's termination of, cancellation of, or refusal to revalidate the operator's provider agreement for the ICF/IID when such action is not taken at the operator's request. See Ohio Code 5124.01
• Involuntary termination: means the department of medicaid's termination of the operator's provider agreement for the nursing facility when the termination is not taken at the operator's request. See Ohio Code 5165.01
• Ionizing radiation: means any electromagnetic or particulate radiation that interacts with atoms to produce ionization in matter, including x-rays, gamma rays, alpha and beta particles, high speed electrons, neutrons, and other nuclear particles. See Ohio Code 4773.01
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Judicial release to court supervision: means a release of a child from institutional care or institutional care in a secure facility that is granted by a court pursuant to division (B) of section 2152. See Ohio Code 5139.01
• Judicial release to department of youth services supervision: means a release of a child from institutional care or institutional care in a secure facility that is granted by a court pursuant to division (C) of section 2152. See Ohio Code 5139.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Juvenile justice system: includes all of the functions of the juvenile courts, the department of youth services, any public or private agency whose purposes include the prevention of delinquency or the diversion, adjudication, detention, or rehabilitation of delinquent children, and any of the functions of the criminal justice system that are applicable to children. See Ohio Code 5139.01
• Laboratory: means a laboratory licensed under this chapter as a terminal distributor of dangerous drugs and entrusted to have custody of any of the following drugs and to use the drugs for scientific and clinical purposes and for purposes of instruction: dangerous drugs that are not controlled substances, as defined in section 3719. See Ohio Code 4729.01
• Lapsed license: means a license issued under this chapter that has become invalid because of the failure of the licensee to renew the license within the time limits prescribed under this chapter. See Ohio Code 4717.01
• Lawful occupation: means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to an occupational regulation. See Ohio Code 4798.01
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lead agency: means the local participating agency designated under section 5116. See Ohio Code 5116.01
• LEAP program: means the learning, earning, and parenting program conducted under section 5107. See Ohio Code 5107.02
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Leasehold condominium development: means a condominium development in which each unit owner owns a ninety-nine-year leasehold estate, renewable forever, in the owner's unit, in the land upon which that unit is situated, or in both, together with an undivided leasehold interest in the common elements, with all leasehold interests due to expire at the same time. See Ohio Code 5311.01
• Least restrictive regulation: means the public policy of relying on one of the following, listed from the least to the most restrictive, as a means of consumer protection: market competition; third-party or consumer-created ratings and reviews; private certification; specific private civil cause of action to remedy consumer harm; actions under Chapter 1345 of the Revised Code; regulation of the process of providing the specific goods or services to consumers; inspection; bonding or insurance; registration; government certification; specialty occupational license for medical reimbursement; and occupational license. See Ohio Code 4798.01
• Legacy: A gift of property made by will.
• Legacy generation resource: means all generating facilities owned directly or indirectly by a corporation that was formed prior to 1960 by investor-owned utilities for the original purpose of providing power to the federal government for use in the nation's defense or in furtherance of national interests, including the Ohio valley electric corporation. See Ohio Code 4928.01
• Level of care determination: means a determination of whether an individual needs the level of care provided by a hospital, nursing facility, or ICF/IID and whether the individual, if determined to need that level of care, would receive hospital services, nursing facility services, or ICF/IID services if not for a home and community-based services medicaid waiver component. See Ohio Code 5166.01
• Level of funding for low-income customer energy efficiency programs provided through electric utility rates: means the level of funds specifically included in an electric utility's rates on October 5, 1999, pursuant to an order of the public utilities commission issued under Chapter 4905. See Ohio Code 4928.01
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license the Ohio construction industry licensing board issues to an individual as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor. See Ohio Code 4740.01
• License: as used in this chapter , means a license, certificate, permit, card, or other authority issued or conferred by a licensing agency by authority of which the licensee has or claims the privilege to engage in the profession, occupation, or occupational activity, or to have control of and operate certain specific equipment, machinery, or premises, over which the licensing agency has jurisdiction. See Ohio Code 4745.01
• License: means an authorization evidenced by a license, certificate, registration, permit, card, or other authority that is issued or conferred by a licensing agency to a licensee or to an applicant for an initial license by which the licensee or initial license applicant has or claims the privilege to engage in a profession, occupation, or occupational activity, or, except in the case of the state dental board, to have control of and operate certain specific equipment, machinery, or premises, over which the licensing agency has jurisdiction. See Ohio Code 4776.01
• License: means an authorization evidenced by a license, certificate, registration, permit, card, or other authority that is issued or conferred by a licensing authority to an individual by which the individual has or claims the privilege to engage in a profession, occupation, or occupational activity over which the licensing authority has jurisdiction. See Ohio Code 4796.01
• License capacity: means the maximum number in each age category of children who may be cared for in a child care center, type A family child care home, or licensed type B family child care home at one time as determined by the director of job and family services considering building occupancy limits established by the department of commerce, amount of available indoor floor space and outdoor play space, and amount of available play equipment, materials, and supplies. See Ohio Code 5104.01
• Licensed child care program: means any of the following:

  (1) A child care center licensed by the department of job and family services pursuant to this chapter;

  (2) A type A family child care home or type B family child care home licensed by the department of job and family services pursuant to this chapter;

  (3) A licensed preschool program or licensed school child program. See Ohio Code 5104.01

• Licensed clinical psychologist: means a person who holds a current, valid psychologist license issued under section 4732. See Ohio Code 5122.01
• Licensed facility: means any premises, building, or part of a building licensed under section 4713. See Ohio Code 4713.01
• Licensed health services executive: means an individual who holds a valid health services executive license. See Ohio Code 4751.01
• Licensed home inspector: means a person who holds a valid license issued pursuant to section 4764. See Ohio Code 4764.01
• Licensed independent school psychologist: means an individual holding a current, valid license to practice independent school psychology issued under section 4732. See Ohio Code 4732.01
• Licensed nursing home administrator: means an individual who holds a valid nursing home administrator license. See Ohio Code 4751.01
• Licensed physician: means a person licensed under the laws of this state to practice medicine or a medical officer of the government of the United States while in this state in the performance of the person's official duties. See Ohio Code 5122.01
• Licensed physician: means a person who holds a valid license issued under Chapter 4731 of the Revised Code authorizing the person to practice medicine and surgery or osteopathic medicine and surgery, or a medical officer of the government of the United States while in the performance of the officer's official duties. See Ohio Code 5123.01
• Licensed practical nurse: means an individual who holds a current, valid license issued under this chapter that authorizes the practice of nursing as a licensed practical nurse. See Ohio Code 4723.01
• Licensed psychologist: means an individual holding a current, valid license to practice psychology issued under section 4732. See Ohio Code 4732.01
• licensed school child program: means a preschool program or school child program, as defined in section 3301. See Ohio Code 5104.01
• Licensed school psychologist: means an individual holding a current, valid license to practice school psychology issued under section 4732. See Ohio Code 4732.01
• Licensed trade: means a trade performed by a heating, ventilating, and air conditioning contractor, a refrigeration contractor, an electrical contractor, a plumbing contractor, or a hydronics contractor. See Ohio Code 4740.01
• Licensed veterinarian: means a person licensed by the board to practice veterinary medicine. See Ohio Code 4741.01
• Licensee: means any individual licensed as a real estate broker or salesperson by the Ohio real estate commission pursuant to this chapter. See Ohio Code 4735.01
• Licensee: as used in this chapter , means either the person to whom the license is issued or renewed by a licensing agency, or the person, partnership, or corporation at whose request the license is issued or renewed. See Ohio Code 4745.01
• Licensee: includes a person who, for purposes of section 3796. See Ohio Code 4776.01
• Licensee: means the owner of a child care center, type A family child care home, or type B family child care home that is licensed pursuant to this chapter and who is responsible for ensuring compliance with this chapter and rules adopted pursuant to this chapter. See Ohio Code 5104.01
• Licensing agency: as used in this chapter , means any department, division, board, section of a board, or other state governmental unit subject to the standard renewal procedure, as defined in this section, and authorized by the Revised Code to issue a license to engage in a specific profession, occupation, or occupational activity, or to have charge of and operate certain specified equipment, machinery, or premises. See Ohio Code 4745.01
• licensing agency: means any of the following:

  (1) The board authorized by Chapters 4701. See Ohio Code 4776.01

• Licensing authority: means a state agency or political subdivision that issues licenses or government certifications. See Ohio Code 4796.01
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limited common element: means a common element that a declaration designates as reserved for use by a certain lot or lots, to the exclusion of other lots. See Ohio Code 5312.01
• Limited common elements: means the common elements that the declaration designates as being reserved for use by a certain unit or units, to the exclusion of the other units. See Ohio Code 5311.01
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Live auction: means an auction that is hosted by an auctioneer in real time. See Ohio Code 4707.01
• Local exchange carrier: means any person engaged in the provision of telephone exchange service, or the offering of access to telephone exchange service or facilities for the purpose of originating or terminating telephone toll service. See Ohio Code 4927.01
• Local participating agencies: means the county department of job and family services and workforce development agency that serve the same county. See Ohio Code 5116.01
• Local service area: means the geographic area that may encompass more than one exchange area and within which a telephone customer, by paying the rate for basic local exchange service, may complete calls to other telephone customers without being assessed long distance toll charges. See Ohio Code 4927.01
• Local workforce development board: means a local workforce development board established under section 107 of the "Workforce Innovation and Opportunity Act" 29 U. See Ohio Code 5116.01
• Long-term services and supports setting: means any institutional or community-based setting in which medical, health, psychosocial, habilitative, rehabilitative, or personal care services are provided to individuals on a post-acute care basis. See Ohio Code 4751.01
• Lot: means a parcel or tract of land that is formed when a larger parcel of land is subdivided pursuant to Chapter 711. See Ohio Code 5312.01
• Low case-mix resident: means a medicaid recipient residing in a nursing facility who, for purposes of calculating the nursing facility's medicaid payment rate for direct care costs, is placed in either of the two lowest case-mix groups, excluding any case-mix group that is a default group used for residents with incomplete assessment data. See Ohio Code 5165.01
• Low-income customer assistance programs: means the percentage of income payment plan program, the home energy assistance program, the home weatherization assistance program, and the targeted energy efficiency and weatherization program. See Ohio Code 4928.01
• Maintenance and repair expenses: includes the costs of ordinary repairs such as painting and wallpapering. See Ohio Code 5124.01
• Major emergency: means any emergency event that cannot be resolved through the use of locally available emergency resources. See Ohio Code 4766.01
• Major utility facility: means :

  (a) An electric transmission line and associated facilities of a design capacity of one hundred twenty-five kilovolts or more;

  (b) A gas or natural gas transmission line and associated facilities designed for, or capable of, transporting gas or natural gas at pressures in excess of one hundred twenty-five pounds per square inch. See Ohio Code 4935.04

• Makeup artistry: means the application of cosmetics for the purpose of skin beautification. See Ohio Code 4713.01
• Management level licensee: means a licensee who is employed by or affiliated with a real estate broker and who has supervisory responsibility over other licensees employed by or affiliated with that real estate broker. See Ohio Code 4735.01
• Managing officer: means a person who is appointed by the director of developmental disabilities to be in executive control of an institution under the jurisdiction of the department of developmental disabilities. See Ohio Code 5123.01
• Mandatory eligibility groups: means the groups of individuals that must be covered by the medicaid state plan as a condition of the state receiving federal financial participation for the medicaid program. See Ohio Code 5163.01
• Mandatory services: means the health care services and items that must be covered by the medicaid state plan as a condition of the state receiving federal financial participation for the medicaid program. See Ohio Code 5164.01
• Manicurist: means an individual who engages in the practice of manicuring but no other branch of cosmetology in a licensed facility. See Ohio Code 4713.01
• Manicurist instructor: means an individual who teaches the theory and practice of manicuring, but no other branch of cosmetology, at a school of cosmetology. See Ohio Code 4713.01
• Manufactured home park: means any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. See Ohio Code 4781.01
• Manufactured housing: means manufactured homes and mobile homes. See Ohio Code 4781.01
• Manufactured housing broker: means any person acting as a selling agent on behalf of an owner of a manufactured home or mobile home that is subject to taxation under section 4503. See Ohio Code 4781.01
• Manufactured housing dealer: means any person engaged in the business of selling at retail, displaying, offering for sale, or dealing in manufactured homes or mobile homes. See Ohio Code 4781.01
• Manufactured housing installer: means an individual who installs manufactured housing. See Ohio Code 4781.01
• manufacturer: means a person, other than a pharmacist or prescriber, who manufactures dangerous drugs and who is engaged in the sale of those dangerous drugs. See Ohio Code 4729.01
• Manufacturer: means a person who manufacturers, assembles, or imports manufactured homes or mobile homes. See Ohio Code 4781.01
• Market power: means the ability to impose on customers a sustained price for a product or service above the price that would prevail in a competitive market. See Ohio Code 4928.01
• Marriage and family therapy: means the diagnosis, evaluation, assessment, counseling, management and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems, through the professional application of marriage and family therapies and techniques. See Ohio Code 4757.01
• Mass casualty: means an emergency event that results in ten or more persons being injured, incapacitated, made ill, or killed. See Ohio Code 4766.01
• Massage therapy: means the treatment of disorders of the human body by the manipulation of soft tissue through the systematic external application of massage techniques including touch, stroking, friction, vibration, percussion, kneading, stretching, compression, and joint movements within the normal physiologic range of motion; and adjunctive thereto, the external application of water, heat, cold, topical preparations, and mechanical devices. See Ohio Code 4731.04
• Material alteration: means an alteration, as defined in the standards related to the item altered. See Ohio Code 4785.01
• Material hoists safety requirements: means the safety requirements adopted by the American national standards institute commonly referred to as ANSI/ASSP A10. See Ohio Code 4785.01
• Mechanotherapist: means an individual who holds a certificate issued under section 4731. See Ohio Code 4773.01
• Medicaid buy-in for workers with disabilities program: means the component of the medicaid program established under sections 5163. See Ohio Code 5163.01
• Medicaid case management services: means case management services provided to an individual with a developmental disability that the state medicaid plan requires. See Ohio Code 5123.01
• Medicaid case management services: means case management services provided to an individual with a developmental disability that the state medicaid plan requires. See Ohio Code 5126.01
• Medicaid days: means both of the following:

  (1) All days during which a resident who is a medicaid recipient eligible for nursing facility services occupies a bed in a nursing facility that is included in the nursing facility's medicaid-certified capacity;

  (2) Fifty per cent of the days for which payment is made under section 5165. See Ohio Code 5165.01

• Medicaid managed care organization: means a managed care organization under contract with the department of medicaid pursuant to section 5167. See Ohio Code 5167.01
• medicaid provider: includes a person or government entity applying for a provider agreement, a former medicaid provider, or both. See Ohio Code 5164.01
• Medicaid services: means either or both of the following:

  (1) Mandatory services;

  (2) Optional services that the medicaid program covers. See Ohio Code 5164.01

• Medicaid waiver component: means a component of the medicaid program authorized by a waiver granted by the United States department of health and human services under section 1115 or 1915 of the "Social Security Act" 42 U. See Ohio Code 5166.01
• Medicaid-certified capacity: means the number of an ICF/IID's beds that are certified for participation in medicaid as ICF/IID beds. See Ohio Code 5124.01
• Medicaid-certified capacity: means the number of a nursing facility's beds that are certified for participation in medicaid as nursing facility beds. See Ohio Code 5165.01
• Medical assistance program: means all of the following:

  (1) The medicaid program;

  (2) The children's health insurance program;

  (3) The refugee medical assistance program;

  (4) Any other program that provides medical assistance and state statutes authorize the department of medicaid to administer. See Ohio Code 5160.01

• medical assistance recipient: includes an individual applying for a medical assistance program, a former medical assistance recipient, or both. See Ohio Code 5160.01
• Medical emergency: means an unforeseen event affecting an individual in such a manner that a need for immediate care is created. See Ohio Code 4766.01
• Medicare: means the program established by Title XVIII of the "Social Security Act" 49 Stat. See Ohio Code 4769.01
• Medication aide: means an individual who holds a current, valid certificate issued under this chapter that authorizes the individual to administer medication in accordance with section 4723. See Ohio Code 4723.01
• Mental and emotional disorders: means those disorders that are classified in accepted nosologies such as the international classification of diseases and the diagnostic and statistical manual of mental disorders and in future editions of those nosologies. See Ohio Code 4757.01
• Mental health services: means services for the assessment, care, or treatment of persons who have a mental illness and for the prevention of mental illness. See Ohio Code 5119.01
• Mental illness: means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life. See Ohio Code 5119.01
• Mental illness: means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life. See Ohio Code 5122.01
• Mercantile customer: means a commercial or industrial customer if the electricity consumed is for nonresidential use and the customer consumes more than seven hundred thousand kilowatt hours per year or is part of a national account involving multiple facilities in one or more states. See Ohio Code 4928.01
• Mercantile customer: means a customer that consumes, other than for residential use, more than five hundred thousand cubic feet of natural gas per year at a single location within this state or consumes natural gas, other than for residential use, as part of an undertaking having more than three locations within or outside of this state. See Ohio Code 4929.01
• Minor child: means either of the following:

  (1) An individual who has not attained age eighteen;

  (2) An individual who has not attained age nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training. See Ohio Code 5107.02

• Minor head of household: means a minor child who is either of the following:

  (1) Is married, pregnant, and a member of an assistance group that does not include an adult;

  (2) Is married and is a parent of a child included in the same assistance group that does not include an adult. See Ohio Code 5107.02

• Minority leader: See Floor Leaders
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Mobile intensive care unit: means an ambulance used only for maintaining specialized or intensive care treatment and used primarily for interhospital transports of patients whose conditions require care beyond the services a paramedic is authorized to perform under section 4765. See Ohio Code 4766.01
• Model standards: means the federal manufactured home installation standards established pursuant to 42 U. See Ohio Code 4781.01
• Moderate level of intellectual disability: means the condition in which a person, following a comprehensive evaluation, is found to have at least moderate deficits in overall intellectual functioning, as indicated by a full-scale intelligence quotient test score of fifty-five or below, and at least moderate deficits in adaptive behavior, as determined in accordance with the criteria established in the fifth edition of the diagnostic and statistical manual of mental disorders published by the American psychiatric association. See Ohio Code 5123.01
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor carrier: means both a for-hire motor carrier and a private motor carrier. See Ohio Code 4923.01
• Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of persons or property, or any combination thereof, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. See Ohio Code 4921.01
• Motor vehicle collision repair facility: means a location from which five or more separate motor vehicle collision repairs are performed on motor vehicles in a twelve-month period, commencing with the day of the month in which the first such repair is made. See Ohio Code 4775.01
• Motor vehicle repair operator: includes a motor vehicle collision repair operator and a motor vehicle window tint operator, but does not mean any of the following:

  (1) An employee, other than a manager, of a motor vehicle repair operator;

  (2) A motor vehicle dealer licensed pursuant to sections 4517. See Ohio Code 4775.01

• Motor vehicle window tint installation facility: means a location from which five or more separate motor vehicle window tint installations are performed on motor vehicles in a twelve-month period, commencing with the day of the month in which the first such installation is made. See Ohio Code 4775.01
• Motor vehicle window tint operator: means any person, sole proprietorship, foreign or domestic partnership, limited liability corporation, or other legal entity that is not an employee or agent of a principal and installs tinted glass, or transparent, nontransparent, translucent, and reflectorized material in or on five or more motor vehicle windshields, side windows, sidewings, and rear windows in a calendar year. See Ohio Code 4775.01
• Moving walk: means a moving walk as defined in the elevators and escalators safety code. See Ohio Code 4785.01
• Moxibustion: means the use of an herbal heat source on one or more acupuncture points. See Ohio Code 4762.01
• Multi-parcel auction: means any auction of real or personal property in which multiple parcels or lots are offered for sale in various amalgamations, including as individual parcels or lots, combinations of parcels or lots, and all parcels or lots as a whole. See Ohio Code 4707.01
• Municipal electric utility: means a municipal corporation that owns or operates facilities to generate, transmit, or distribute electricity. See Ohio Code 4928.01
• Music therapy: means the clinical use of music interventions by an individual to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan developed for a client. See Ohio Code 4757.01
• Nail salon: means a salon in which an individual engages in the practice of manicuring but no other branch of cosmetology. See Ohio Code 4713.01
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• National examination: means an examination that is substantially similar in all states that adopt a national standard. See Ohio Code 4796.01
• National society of genetic counselors: means the organization known by that name, its successor organization, or an equivalent organization recognized by the state medical board. See Ohio Code 4778.01
• National standard: means a standard declared by a national organization to be the preferred standard for licensure of a profession if both of the following apply:

  (1) The standard is required by at least forty-five states, including this state, to receive a license or government certification for the respective profession, occupation, or occupational activity. See Ohio Code 4796.01

• natural gas: includes natural gas that has been processed to enable consumption or to meet gas quality standards or that has been blended with propane, hydrogen, biologically derived methane gas, or any other artificially produced or processed gas. See Ohio Code 4905.03
• Natural gas company: means a natural gas company, as defined in section 4905. See Ohio Code 4929.01
• Natural hair style instructor: means an individual who teaches the theory and practice of natural hair styling, but no other branch of cosmetology, at a school of cosmetology. See Ohio Code 4713.01
• Natural hair style salon: means a salon in which an individual engages in the practice of natural hair styling but no other branch of cosmetology. See Ohio Code 4713.01
• Natural hair stylist: means an individual who engages in the practice of natural hair styling but no other branch of cosmetology in a licensed facility. See Ohio Code 4713.01
• Net metering: means measuring the difference in an applicable billing period between the electricity supplied by an electric service provider and the electricity generated by a customer-generator that is fed back to the electric service provider. See Ohio Code 4928.01
• Net metering system: means a facility for the production of electrical energy that does all of the following:

  (a) Uses as its fuel either solar, wind, biomass, landfill gas, or hydropower, or uses a microturbine or a fuel cell;

  (b) Is located on a customer-generator's premises;

  (c) Operates in parallel with the electric utility's transmission and distribution facilities;

  (d) Is intended primarily to offset part or all of the customer-generator's requirements for electricity. See Ohio Code 4928.01

• New nursing facility: means a nursing facility for which the provider obtains an initial provider agreement following medicaid certification of the nursing facility by the director of health, including such a nursing facility that replaces one or more nursing facilities for which a provider previously held a provider agreement. See Ohio Code 5165.01
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Noncompetitive retail electric service: means a component of retail electric service that is noncompetitive as provided under division (B) of this section. See Ohio Code 4928.01
• Nonemergency medical service organization: means a person that does both of the following:

  (a) Provides services to the public on a regular basis for the purpose of transporting individuals who require the use of a wheelchair or other mobility aid to receive health care services in nonemergency circumstances;

  (b) Provides the services for a fee, regardless of whether the fee is paid by the person being transported, a third party payer, as defined in section 3702. See Ohio Code 4766.01

• Nonfirm electric service: means electric service provided pursuant to a schedule filed under section 4905. See Ohio Code 4928.01
• Nontransport vehicle: means a motor vehicle operated by a licensed emergency medical service organization not as an ambulance, but as a vehicle for providing services in conjunction with the ambulances operated by the organization or other emergency medical service organizations. See Ohio Code 4766.01
• Nuclear medicine technologist: means an individual who does all of the following:

  (1) Prepares and administers radio-pharmaceuticals to human beings;

  (2) Conducts in vivo or in vitro detection and measurement of radioactivity for medical purposes;

  (3) Documents orders for radio-pharmaceuticals in patient medical records. See Ohio Code 4773.01

• Nursing home: means a nursing home as defined by or under the authority of section 3721. See Ohio Code 4751.01
• Nursing home administration: means planning, organizing, directing, and managing the operation of a nursing home. See Ohio Code 4751.01
• Nursing home administrator: means any individual who engages in the practice of nursing home administration, whether or not the individual shares the functions and duties of nursing home administration with one or more other individuals. See Ohio Code 4751.01
• Nursing specialty: means a specialty in practice as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner. See Ohio Code 4723.01
• Oath: A promise to tell the truth.
• Oath: includes affirmation, and "swear" includes affirm. See Ohio Code 1.59
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupancy rate: means the percentage of licensed beds that, regardless of payer source, are either of the following:

  (1) Reserved for use under section 5165. See Ohio Code 5165.01

• Occupational license: means nontransferable authorization in law that an individual must possess in order to perform a lawful occupation for compensation based on meeting personal qualifications established by statute, or by a rule authorized by statute. See Ohio Code 4798.01
• Occupational licensing board: means any board, commission, committee, or council, or any other similar state public body, and any administrative department enumerated under section 121. See Ohio Code 4798.01
• Occupational regulation: includes registration, certification, and occupational license. See Ohio Code 4798.01
• Occupy or use: means , with respect to a public way, to place a tangible thing in a public way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator. See Ohio Code 4939.01
• Offer: includes any inducement or solicitation to encourage a person to acquire a condominium ownership interest in a condominium development. See Ohio Code 5311.01
• Ohio coal research and development costs: means all reasonable costs associated with a facility or project undertaken by a public utility for which a recommendation to allow the recovery of costs associated therewith has been made under division (B)(7) of section 1551. See Ohio Code 4905.01
• Ohio home care waiver program: means the home and community-based services medicaid waiver component that is known as Ohio home care and was created pursuant to section 5166. See Ohio Code 5166.01
• Ohio permit: means a permit to practice public accounting issued under division (A) of section 4701. See Ohio Code 4701.01
• Ohio registration: means the registration under division (B) of section 4701. See Ohio Code 4701.01
• Ohio works first: means the program established by this chapter known as temporary assistance for needy families in Title IV-A. See Ohio Code 5107.02
• Oil and gas land professional: means a person regularly engaged in the preparation and negotiation of agreements for the purpose of exploring for, transporting, producing, or developing oil and gas mineral interests, including, but not limited to, oil and gas leases and pipeline easements. See Ohio Code 4735.01
• One-hundred-year flood: means a flood having a one per cent chance of being equaled or exceeded in any given year. See Ohio Code 4781.01
• One-hundred-year flood plain: means that portion of a flood plain inundated by a one-hundred-year flood. See Ohio Code 4781.01
• operating lease: shall be construed in accordance with generally accepted accounting principles. See Ohio Code 5165.01
• operator: includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996" 110 Stat. See Ohio Code 4939.01
• Operator: means the person or government entity responsible for the daily operating and management decisions for an ICF/IID. See Ohio Code 5124.01
• operator: means a board of county hospital trustees acting under an agreement, or pursuant to a resolution adopted by the board of county commissioners, as provided in this section. See Ohio Code 5155.011
• Operator: means the person or government entity responsible for the daily operating and management decisions for a nursing facility. See Ohio Code 5165.01
• Opinion report: means any opinion on a financial statement that is expressed in accordance with generally accepted auditing standards as to the fairness of presentation of information and that is used for guidance in financial transactions, for accounting, or for assessing the status or performance of commercial and noncommercial enterprises, whether public, private, or governmental. See Ohio Code 4701.01
• Optional eligibility groups: means the groups of individuals who may be covered by the medicaid state plan or a federal medicaid waiver and for whom the medicaid program receives federal financial participation. See Ohio Code 5163.01
• Optional services: means the health care services and items that may be covered by the medicaid state plan or a federal medicaid waiver and for which the medicaid program receives federal financial participation. See Ohio Code 5164.01
• Ordering or referring only provider: means a medicaid provider who orders, prescribes, refers, or certifies a service or item reported on a claim for medicaid payment but does not bill for medicaid services. See Ohio Code 5162.01
• Organization: means any public, semipublic, or private institution, including maternity homes and day nurseries, and any private association, society, or agency, located or operating in this state, incorporated or unincorporated, having among its functions the furnishing of protective services or care for children or the placement of children in certified foster homes or elsewhere. See Ohio Code 5153.01
• Oriental medicine: means a form of health care in which acupuncture is performed with or without the use of herbal therapy. See Ohio Code 4762.01
• Orthotics: means the evaluation, measurement, design, fabrication, assembly, fitting, adjusting, servicing, or training in the use of an orthotic or pedorthic device, or the repair, replacement, adjustment, or service of an existing orthotic or pedorthic device. See Ohio Code 4779.01
• Other medicaid-funded long-term care services: has the meaning specified in rules adopted under section 5163. See Ohio Code 5163.01
• Other protected costs: means costs incurred by an ICF/IID for medical supplies; real estate, franchise, and property taxes; natural gas, fuel oil, water, electricity, sewage, and refuse and hazardous medical waste collection; allocated other protected home office costs; and any additional costs defined as other protected costs in rules adopted under section 5124. See Ohio Code 5124.01
• Out-of-state commercial broker: includes any person, partnership, association, limited liability company, limited liability partnership, or corporation that is licensed to do business as a real estate broker in a jurisdiction other than Ohio. See Ohio Code 4735.01
• Out-of-state commercial salesperson: includes any person affiliated with an out-of-state commercial broker who is not licensed as a real estate salesperson in Ohio. See Ohio Code 4735.01
• Out-of-state occupational license: means a license, certificate, registration, permit, card, or other authority that is issued or conferred by one of the uniformed services or the government of another state to an individual by which the individual has or claims the privilege to engage in a profession, occupation, or occupational activity over which that service or state has jurisdiction. See Ohio Code 4796.01
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Outsourcing facility: means a facility that is engaged in the compounding and sale of sterile drugs and is registered as an outsourcing facility with the United States food and drug administration. See Ohio Code 4729.01
• Overdose reversal drug: means both of the following:

  (1) Naloxone;

  (2) Any other drug that the state board of pharmacy, through rules adopted in accordance with Chapter 119 of the Revised Code, designates as a drug that is approved by the federal food and drug administration for the reversal of a known or suspected opioid-related overdose. See Ohio Code 4729.01

• Oversight: Committee review of the activities of a Federal agency or program.
• Own: means any direct or indirect ownership of an equity interest in a public accounting firm or qualified firm. See Ohio Code 4701.01
• Owner: means the person who contracts with a home construction service supplier. See Ohio Code 4722.01
• Owner: means a person who owns or controls ten per cent or more of an appraisal management company. See Ohio Code 4768.01
• Owner: means a person who is entitled under a rental agreement with a manufactured home park operator to occupy a manufactured home park lot and who owns the home occupying the lot. See Ohio Code 4781.01
• Owner: includes a person, as defined in section 1. See Ohio Code 5104.01
• Owner: means any person or government entity that has at least five per cent ownership or interest, either directly, indirectly, or in any combination, in any of the following regarding an ICF/IID:

  (a) The land on which the ICF/IID is located;

  (b) The structure in which the ICF/IID is located;

  (c) Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure on or in which the ICF/IID is located;

  (d) Any lease or sublease of the land or structure on or in which the ICF/IID is located. See Ohio Code 5124.01

• Owner: means any person or government entity that has at least five per cent ownership or interest, either directly, indirectly, or in any combination, in any of the following regarding a nursing facility:

  (a) The land on which the nursing facility is located;

  (b) The structure in which the nursing facility is located;

  (c) Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure on or in which the nursing facility is located;

  (d) Any lease or sublease of the land or structure on or in which the nursing facility is located. See Ohio Code 5165.01

• Owner: means a person who owns a lot in a planned community. See Ohio Code 5312.01
• Owners association: means an organization that is comprised of owners of lots in a planned community and that is responsible for the administrative governance, maintenance, and upkeep of the planned community. See Ohio Code 5312.01
• PA registration: means registration as a public accountant under section 4701. See Ohio Code 4701.01
• Par value: means a number, expressed in dollars, points, or as a percentage or fraction, attached to a unit by the declaration. See Ohio Code 5311.01
• Parallel inspection: means a home inspection performed by an applicant for a home inspector license at which both of the following take place concurrently:

  (1) A licensed home inspector observes and evaluates the applicant during the inspection to verify the applicant's compliance with the standards of practice specified in rules adopted by the Ohio home inspector board pursuant to division (A)(10) of section 4764. See Ohio Code 4764.01

• paramedic: means an individual who holds a current, valid certificate issued under section 4765. See Ohio Code 4765.01
• Part-time paid firefighter: means a person who provides firefighting services on less than a full-time basis, is routinely scheduled to be present on site at a fire station or other designated location for purposes of responding to a fire or other emergency, and receives more than nominal compensation for the provision of firefighting services. See Ohio Code 4765.01
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means an animal that is examined or treated by a licensed veterinarian. See Ohio Code 4741.01
• Patient: means any individual who as a result of illness or injury needs medical attention, whose physical or mental condition is such that there is imminent danger of loss of life or significant health impairment, or who may be otherwise incapacitated or helpless as a result of a physical or mental condition, or any individual whose physical condition requires the use of a wheelchair or other mobility aid. See Ohio Code 4766.01
• Patient: means , subject to division (C)(2) of this section, a person who is admitted either voluntarily or involuntarily to a hospital or other place under section 2945. See Ohio Code 5122.01
• Pawnbroker: means a person engaged in the business of lending money on deposit or pledges of personal property, other than securities, printed evidence of indebtedness, titles, deeds, or bills of sale, at a total charge, rate of interest, or discount or other remuneration in excess of eight per cent per annum, and includes a person engaged in the business of purchasing personal property from another person with an agreement that the personal property will be made available to that other person for repurchase within an agreed-to time period and for an amount greater than the price originally paid to that other person for the purchase of the personal property. See Ohio Code 4727.01
• Payment standard: means the amount specified in rules adopted under section 5107. See Ohio Code 5107.02
• PCSA caseworker: means an individual employed by a public children services agency as a caseworker. See Ohio Code 5153.01
• PCSA caseworker supervisor: means an individual employed by a public children services agency to supervise PCSA caseworkers. See Ohio Code 5153.01
• Pediatric: means involving a patient who is less than sixteen years of age. See Ohio Code 4765.01
• Pedorthics: means the evaluation, measurement, design, fabrication, assembly, fitting, adjusting, servicing, or training in the use of a pedorthic device, or the repair, replacement, adjustment, or servicing of a pedorthic device. See Ohio Code 4779.01
• Peer review: means a study, appraisal, or review of one or more aspects of the professional work of a public accounting firm that meets the standards and requirements set forth by the accountancy board. See Ohio Code 4701.01
• Peer review session: means a practical exercise in which a prospective applicant for a home inspector license identifies and reports defects in a residential building that contains previously identified defects for the purpose of evaluating the prospective applicant's ability to conduct a home inspection and prepare a home inspection report. See Ohio Code 4764.01
• per diem: means an ICF/IID's desk-reviewed, actual, allowable costs in a given cost center in a cost reporting period, divided by the facility's inpatient days for that cost reporting period. See Ohio Code 5124.01
• Per diem: means a nursing facility's actual, allowable costs in a given cost center in a cost reporting period, divided by the nursing facility's inpatient days for that cost reporting period. See Ohio Code 5165.01
• Percentage of income payment plan arrears: means funds eligible for collection through the percentage of income payment plan rider, but uncollected as of July 1, 2000. See Ohio Code 4928.01
• Person: means any individual, corporation-for-profit, business trust, estate, partnership, limited liability company, professional association, or other business organization. See Ohio Code 4701.01
• Person: means an individual, sole proprietor, corporation, limited liability company, association, or partnership. See Ohio Code 4707.01
• Person: includes individuals, partnerships, associations, corporations, trusts, and other legal entities. See Ohio Code 4710.01
• Person: includes any individual, partnership, association, limited liability company, or corporation, the state, any political subdivision of the state, and any district, department, or agency of the state or its political subdivisions. See Ohio Code 4729.01
• Person: means an individual, corporation, partnership, sole proprietorship, subsidiary, unit, or other business entity. See Ohio Code 4768.01
• Person: has the meaning set forth in section 4906. See Ohio Code 4935.04
• Person: means any natural person, corporation, or partnership and also includes any governmental entity. See Ohio Code 4939.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Person with a mental illness subject to court order: means a person with a mental illness who, because of the person's illness:

  (1) Represents a substantial risk of physical harm to self as manifested by evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm;

  (2) Represents a substantial risk of physical harm to others as manifested by evidence of recent homicidal or other violent behavior, evidence of recent threats that place another in reasonable fear of violent behavior and serious physical harm, or other evidence of present dangerousness;

  (3) Represents a substantial and immediate risk of serious physical impairment or injury to self as manifested by evidence that the person is unable to provide for and is not providing for the person's basic physical needs because of the person's mental illness and that appropriate provision for those needs cannot be made immediately available in the community;

  (4) Would benefit from treatment for the person's mental illness and is in need of such treatment as manifested by evidence of behavior that creates a grave and imminent risk to substantial rights of others or the person;

  (5)(a) Would benefit from treatment as manifested by evidence of behavior that indicates all of the following:

  (i) The person is unlikely to survive safely in the community without supervision, based on a clinical determination. See Ohio Code 5122.01

• Person with an intellectual disability subject to institutionalization by court order: means a person eighteen years of age or older with at least a moderate level of intellectual disability and in relation to whom, because of the person's disability, either of the following conditions exists:

  (1) The person represents a very substantial risk of physical impairment or injury to self as manifested by evidence that the person is unable to provide for and is not providing for the person's most basic physical needs and that provision for those needs is not available in the community;

  (2) The person needs and is susceptible to significant habilitation in an institution. See Ohio Code 5123.01

• Personal property: All property that is not real property.
• pharmacist care: includes the following:

  (1) Interpreting prescriptions;

  (2) Dispensing drugs and drug therapy related devices;

  (3) Compounding drugs;

  (4) Counseling individuals with regard to their drug therapy, recommending drug therapy related devices, and assisting in the selection of drugs and appliances for treatment of common diseases and injuries and providing instruction in the proper use of the drugs and appliances;

  (5) Performing drug regimen reviews with individuals by discussing all of the drugs that the individual is taking and explaining the interactions of the drugs;

  (6) Performing drug utilization reviews with licensed health professionals authorized to prescribe drugs when the pharmacist determines that an individual with a prescription has a drug regimen that warrants additional discussion with the prescriber;

  (7) Advising an individual and the health care professionals treating an individual with regard to the individual's drug therapy;

  (8) Acting pursuant to a consult agreement, if an agreement has been established;

  (9) Engaging in the administration of immunizations to the extent authorized by section 4729. See Ohio Code 4729.01

• Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 4723.01
• Physician: means an individual who is authorized under Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery. See Ohio Code 4730.01
• Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 4760.01
• Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 4761.01
• Physician: means an individual authorized under Chapter 4731. See Ohio Code 4762.01
• Physician: means an individual who holds a current, valid license issued under Chapter 4731 of the Revised Code authorizing the practice of medicine and surgery or osteopathic medicine and surgery. See Ohio Code 4765.01
• Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 4773.01
• Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 4774.01
• Physician: means an individual authorized under Chapter 4731. See Ohio Code 4778.01
• Physician assistant: means an individual who is licensed to practice as a physician assistant under Chapter 4730 of the Revised Code. See Ohio Code 4723.01
• Physician assistant: means an individual who holds a valid license to practice as a physician assistant issued under Chapter 4730 of the Revised Code. See Ohio Code 4761.01
• Physician assistant: means an individual who holds a valid license to practice as a physician assistant issued under Chapter 4730 of the Revised Code. See Ohio Code 4765.01
• Physician assistant: means an individual who is licensed under Chapter 4730 of the Revised Code to provide services as a physician assistant to patients under the supervision, control, and direction of one or more physicians. See Ohio Code 1.64
• Placement: means the conditional release of a child under the terms and conditions that are specified by the department of youth services. See Ohio Code 5139.01
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planned community: means a community comprised of individual lots for which a deed, common plan, or declaration requires any of the following:

  (1) That owners become members of an owners association that governs the community;

  (2) That owners or the owners association holds or leases property or facilities for the benefit of the owners;

  (3) That owners support by membership or fees, property or facilities for all owners to use. See Ohio Code 5312.01

• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Podiatrist: means an individual authorized under Chapter 4731 of the Revised Code to practice podiatric medicine and surgery. See Ohio Code 4773.01
• Political subdivision: means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. See Ohio Code 4796.01
• Political subdivision: means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities only in a geographical area smaller than that of the state. See Ohio Code 5162.01
• Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Powered industrial trucks safety standards: means the safety standards adopted by the American national standards institute commonly referred to as ANSI/ITSDF B56. See Ohio Code 4785.01
• Powered platforms for building maintenance safety standards: means the standards adopted by the American society of mechanical engineers commonly referred to as ASME 120. See Ohio Code 4785.01
• Practice of applied behavior analysis: means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior and includes the following:

  (a) The empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis;

  (b) Interventions based on scientific research and the direct observation and measurement of behavior and the environment;

  (c) Utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. See Ohio Code 4783.01

• practice of chiropractic: means utilization of the relationship between the musculo-skeletal structures of the body, the spinal column, and the nervous system in the restoration and maintenance of health, in connection with which patient care is conducted with due regard for first aid, hygienic, nutritional, and rehabilitative procedures and the specific vertebral adjustment and manipulation of the articulations and adjacent tissues of the body. See Ohio Code 4734.01
• Practice of cosmetology: means the practice of all branches of cosmetology. See Ohio Code 4713.01
• Practice of dietetics: means any of the following:

  (1) Nutritional assessment to determine nutritional needs and to recommend appropriate nutritional intake, including enteral and parenteral nutrition;

  (2) Nutritional counseling or education as components of preventive, curative, and restorative health care;

  (3) Development, administration, evaluation, and consultation regarding nutritional care standards. See Ohio Code 4759.01

• practice of engineering: includes any professional service, such as consultation, investigation, evaluation, planning, design, or inspection of construction or operation for the purpose of assuring compliance with drawings or specifications in connection with any public or privately owned public utilities, structures, buildings, machines, equipment, processes, works, or projects in the proper rendering of which the qualifications of section 4733. See Ohio Code 4733.01
• Practice of esthetics: means the application of cosmetics, tonics, antiseptics, creams, lotions, or other preparations for the purpose of skin beautification and includes preparation of the skin by manual massage techniques or by use of electrical, mechanical, or other apparatus; enhancement of the skin by skin care, facials, body treatments, hair removal, and other treatments; and eye lash extension services. See Ohio Code 4713.01
• Practice of hair design: includes utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair. See Ohio Code 4713.01
• Practice of independent school psychology: means the practice of school psychology outside of the scope of employment as described in division (D)(2) of this section. See Ohio Code 4732.01
• practice of industrial hygiene: means the anticipation, prevention, recognition, evaluation, elimination, and control of environmental, biological, chemical, physical, and ergonomic factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers or the general public. See Ohio Code 4777.01
• Practice of manicuring: means cleaning, trimming, shaping the free edge of, or applying polish to the nails of any individual; applying nail enhancements and embellishments to any individual; massaging the hands and lower arms up to the elbow of any individual; massaging the feet and lower legs up to the knee of any individual; using lotions or softeners on the hands and feet of any individual; or any combination of these types of services. See Ohio Code 4713.01
• Practice of marriage and family therapy: means the diagnosis, treatment, evaluation, assessment, counseling, and management, of mental and emotional disorders, whether cognitive, affective or behavioral, within the context of marriage and family systems, to individuals, couples, and families, singly or in groups, whether those services are offered directly to the general public or through public or private organizations, for a fee, salary or other consideration through the professional application of marriage and family theories, therapies, and techniques, including, but not limited to psychotherapeutic theories, therapies and techniques that marriage and family therapists are educated and trained to perform. See Ohio Code 4757.01
• Practice of natural hair styling: means utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair. See Ohio Code 4713.01
• practice of nursing as a licensed practical nurse: means providing to individuals and groups nursing care requiring the application of basic knowledge of the biological, physical, behavioral, social, and nursing sciences at the direction of a registered nurse or any of the following who is authorized to practice in this state: a physician, physician assistant, dentist, podiatrist, optometrist, or chiropractor. See Ohio Code 4723.01
• Practice of nursing as a registered nurse: means providing to individuals and groups nursing care requiring specialized knowledge, judgment, and skill derived from the principles of biological, physical, behavioral, social, and nursing sciences. See Ohio Code 4723.01
• Practice of nursing as an advanced practice registered nurse: means providing to individuals and groups nursing care that requires knowledge and skill obtained from advanced formal education, training, and clinical experience. See Ohio Code 4723.01
• practice of occupational safety: means the preservation of human and material resources through the systematic application of education, chemistry, physics, biological, ergonomic, psychological, physiological, and management principles for anticipating, identifying, and evaluating hazardous systems, conditions, and practices in the workplace and developing, implementing, and administering programs to alleviate those hazards. See Ohio Code 4777.01
• practice of optometry: means all of the following:

  (1) The application of optical principles, through technical methods and devices, in the examination of human eyes for the purpose of ascertaining departures from the normal, measuring their functional powers, adapting optical accessories for the aid thereof, and detecting ocular abnormalities that may be evidence of disease, pathology, or injury;

  (2) Employing, applying, administering, and prescribing instruments, devices, and procedures, other than invasive procedures, for purpose of examination, investigation, diagnosis, treatment, or prevention of any disease, injury, or other abnormal condition of the visual system;

  (3) Employing, applying, administering, and prescribing topical ocular pharmaceutical agents;

  (4) Employing, applying, administering, and prescribing therapeutic pharmaceutical agents;

  (5) Assisting an individual in determining the individual's blood glucose level by using a commercially available glucose-monitoring device. See Ohio Code 4725.01

• Practice of pharmacy: means providing pharmacist care requiring specialized knowledge, judgment, and skill derived from the principles of biological, chemical, behavioral, social, pharmaceutical, and clinical sciences. See Ohio Code 4729.01
• Practice of professional counseling: means rendering or offering to render to individuals, groups, organizations, or the general public a counseling service involving the application of clinical counseling principles, methods, or procedures to assist individuals in achieving more effective personal, social, educational, or career development and adjustment, including the diagnosis and treatment of mental and emotional disorders. See Ohio Code 4757.01
• practice of psychology: means rendering or offering to render to individuals, groups, organizations, or the public any service involving the application of psychological procedures to assessment, diagnosis, prevention, treatment, or amelioration of psychological problems or emotional or mental disorders of individuals or groups; or to the assessment or improvement of psychological adjustment or functioning of individuals or groups, whether or not there is a diagnosable pre-existing psychological problem. See Ohio Code 4732.01
• Practice of public accounting: means performing or offering to perform any engagement that will result in the issuance of an attest report and, with respect to a person who holds a CPA certificate, PA registration, foreign certificate, or firm registration, any other services involving the use of accounting or auditing skills as established by rules adopted by the accountancy board. See Ohio Code 4701.01
• Practice of school psychology: means rendering or offering to render to individuals, groups, organizations, or the public any of the following services:

  (1) Evaluation, diagnosis, or test interpretation limited to assessment of intellectual ability, learning patterns, achievement, motivation, behavior, or personality factors directly related to learning problems;

  (2) Intervention services, including counseling, for children or adults for amelioration or prevention of educationally related learning problems, including emotional and behavioral aspects of such problems;

  (3) Psychological, educational, or vocational consultation or direct educational services. See Ohio Code 4732.01

• Practice of social work: means the application of social work theory and specialized knowledge of human development and behavior and social, economic, and cultural systems in directly assisting individuals, families, and groups in a clinical setting to improve or restore their capacity for social functioning, including counseling, the use of psychosocial interventions, and the use of social psychotherapy, which includes the diagnosis and treatment of mental and emotional disorders. See Ohio Code 4757.01
• Practice of surveying: means any professional service that requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for the adequate performance of the art of surveying, including, but not limited to, measuring the area or the contours of any portion of the earth's surface, the lengths and directions of the bounding lines, and the contour of the surface, for their correct determination and description and for conveyancing for recording, or for the establishment or re-establishment of land boundaries and the platting of lands and subdivisions; and like measurements and operations involved in the surveying of mines, commonly known as "mine surveying. See Ohio Code 4733.01
• practice of veterinary medicine: means the practice of any person who performs any of the following actions:

  (1) Diagnoses, prevents, or treats any disease, illness, pain, deformity, defect, injury, or other physical, mental, or dental condition of any animal;

  (2) Administers to or performs any medical or surgical technique on any animal that has any disease, illness, pain, deformity, defect, injury, or other physical, mental, or dental condition or performs a surgical procedure on any animal;

  (3) Prescribes, applies, or dispenses any drug, medicine, biologic, anesthetic, or other therapeutic or diagnostic substance, or applies any apparatus for any disease, illness, pain, deformity, defect, injury, or other physical, mental, or dental condition of any animal;

  (4) Uses complementary, alternative, and integrative therapies on animals;

  (5) Renders professional advice or recommendation by any means, including telephonic or other electronic communication with regard to any activity described in divisions (B)(1) to (4) of this section;

  (6) Represents the person's self, directly or indirectly, publicly or privately, as having the ability and willingness to perform an act described in divisions (B)(1) to (4) of this section;

  (7) Uses any words, letters, abbreviations, or titles in such connection and under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. See Ohio Code 4741.01

• Practicing license: means a license to practice a branch of cosmetology in a licensed facility. See Ohio Code 4713.01
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Precious metals dealer: means a person who is engaged in the business of purchasing articles made of or containing gold, silver, platinum, or other precious metals or jewels of any description if, in any manner, including any form of advertisement or solicitation of customers, the person holds himself, herself, or itself out to the public as willing to purchase such articles. See Ohio Code 4728.01
• Preneed funeral contract: means a written agreement, contract, or series of contracts to sell or otherwise provide any funeral services, funeral goods, or any combination thereof to be used in connection with the funeral or final disposition of a dead human body, where payment for the goods or services is made either outright or on an installment basis, prior to the death of the person purchasing the goods or services or for whom the goods or services are purchased. See Ohio Code 4717.01
• Prepare: means to develop and communicate, whether through a personal physical inspection or through the act or process of critically studying a report prepared by another who made the physical inspection, an appraisal report or specialized service report. See Ohio Code 4763.01
• Preschool-age child: means a child who is three years old or older but is not a school-age child. See Ohio Code 5104.01
• prescriber: means an individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual's professional practice, including only the following:

  (1) A dentist licensed under Chapter 4715 of the Revised Code;

  (2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a current, valid license issued under Chapter 4723 of the Revised Code to practice nursing as an advanced practice registered nurse;

  (3) A certified registered nurse anesthetist who holds a current, valid license issued under Chapter 4723 of the Revised Code to practice nursing as an advanced practice registered nurse, but only to the extent of the nurse's authority under sections 4723. See Ohio Code 4729.01

• Prescription: means all of the following:

  (1) A written, electronic, or oral order for drugs or combinations or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs;

  (2) For purposes of sections 4723. See Ohio Code 4729.01

• Prevention services: means a comprehensive, multi-system set of individual and environmental approaches that maximizes physical health, promotes safety, and precludes the onset of behavioral health disorders. See Ohio Code 4758.01
• Prevocational services: means services that provide learning and work experiences, including volunteer work experiences, from which an individual can develop general strengths and skills that are not specific to a particular task or job but contribute to employability in community employment, supported work at community-based sites, or self-employment. See Ohio Code 5126.01
• Price information: means the price charged for a prescription for a particular drug product and, in an easily understandable manner, all of the following:

  (1) The proprietary name of the drug product;

  (2) The established (generic) name of the drug product;

  (3) The strength of the drug product if the product contains a single active ingredient or if the drug product contains more than one active ingredient and a relevant strength can be associated with the product without indicating each active ingredient. See Ohio Code 4729.01

• Principal broker: means an individual licensed as a real estate broker under this chapter who oversees and directs the operations of the brokerage. See Ohio Code 4735.01
• Private certification: means authorization from a private organization to an individual who meets qualifications determined by the organization related to the performance of a profession, occupation, or occupational activity and by which the individual may hold the individual's self out as certified by the organization. See Ohio Code 4796.01
• Private investigator: means any person who engages in the business of private investigation. See Ohio Code 4749.01
• Private motor carrier: includes the carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching drivers and employees concerned with the installation, inspection, and maintenance of motor-vehicle equipment and accessories. See Ohio Code 4923.01
• Private room: means a nursing facility bedroom that meets all of the following criteria:

  (1) It has four permanent, floor-to-ceiling walls and a full door. See Ohio Code 5165.01

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Processing: means the reduction of identifiable bone fragments to unidentifiable bone fragments through manual or mechanical means after the completion of the cremation process. See Ohio Code 4717.01
• Product: when used in reference to an investigational drug or product, means a biological product, other than a drug, that is made from a natural human, animal, or microorganism source and is intended to treat a disease or medical condition. See Ohio Code 4729.01
• Professional engineer: means a person registered as a professional engineer under this chapter. See Ohio Code 4733.01
• Professional sports services contract: means either of the following:

  (1) Any contract or agreement pursuant to which an athlete is employed or agrees to render services as a player on a professional sports team or as a professional athlete;

  (2) Any contract or agreement that provides for the present or future marketing of an athlete or athlete's reputation. See Ohio Code 4771.01

• Professional surveyor: means a person who is registered as a professional surveyor under this chapter. See Ohio Code 4733.01
• Property: means real and personal property. See Ohio Code 1.59
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecutor: means the prosecuting attorney, village solicitor, city director of law, or similar chief legal officer who prosecuted a criminal case in which a person was found not guilty by reason of insanity, who would have had the authority to prosecute a criminal case against a person if the person had not been found incompetent to stand trial, or who prosecuted a case in which a person was found guilty. See Ohio Code 5122.01
• Prosecutor: means the prosecuting attorney, village solicitor, city director of law, or similar chief legal officer who prosecuted a criminal case in which a person was found not guilty by reason of insanity, who would have had the authority to prosecute a criminal case against a person if the person had not been found incompetent to stand trial, or who prosecuted a case in which a person was found guilty. See Ohio Code 5123.01
• Prosthesis: means a custom fabricated or fitted medical device used to replace a missing appendage or other external body part. See Ohio Code 4779.01
• Prosthetics: means the evaluation, measurement, design, fabrication, assembly, fitting, adjusting, servicing, or training in the use of a prosthesis or pedorthic device, or the repair, replacement, adjustment, or service of a prosthesis or pedorthic device. See Ohio Code 4779.01
• Protective child care: means publicly funded child care for the direct care and protection of a child to whom all of the following apply:

  (1) A case plan has been prepared and maintained for the child pursuant to section 2151. See Ohio Code 5104.01

• Provider: means an operator with a valid provider agreement. See Ohio Code 5124.01
• Provider: means an operator with a provider agreement. See Ohio Code 5165.01
• Provider: means any person or government entity that furnishes services to a medicaid recipient enrolled in a medicaid MCO plan, regardless of whether the person or entity has a provider agreement. See Ohio Code 5167.01
• Provider agreement: means a provider agreement, as defined in section 5164. See Ohio Code 5124.01
• Provider agreement: means an agreement to which all of the following apply:

  (1) It is between a medicaid provider and the department of medicaid;

  (2) It provides for the medicaid provider to provide medicaid services to medicaid recipients;

  (3) It complies with 42 C. See Ohio Code 5164.01

• Provider agreement: means a provider agreement, as defined in section 5164. See Ohio Code 5165.01
• Prudently incurred costs related to a legacy generation resource: means costs, including deferred costs, allocated pursuant to a power agreement approved by the federal energy regulatory commission that relates to a legacy generation resource, less any revenues realized from offering the contractual commitment for the power agreement into the wholesale markets, provided that where the net revenues exceed net costs, those excess revenues shall be credited to customers. See Ohio Code 4928.01
• Psychiatrist: means a licensed physician who has satisfactorily completed a residency training program in psychiatry, as approved by the residency review committee of the American medical association, the committee on post-graduate education of the American osteopathic association, or the American osteopathic board of neurology and psychiatry, or who on July 1, 1989, has been recognized as a psychiatrist by the Ohio state medical association or the Ohio osteopathic association on the basis of formal training and five or more years of medical practice limited to psychiatry. See Ohio Code 5122.01
• Psychological procedures: include but are not restricted to application of principles, methods, or procedures of understanding, predicting, or influencing behavior, such as the principles pertaining to learning, conditioning, perception, motivation, thinking, emotions, or interpersonal relationships; the methods or procedures of verbal interaction, interviewing, counseling, behavior modification, environmental manipulation, group process, psychological psychotherapy, or hypnosis; and the methods or procedures of administering or interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, or motivation. See Ohio Code 4732.01
• Psychologist: means any person who holds self out to the public by any title or description of services incorporating the words "psychologic" "psychological" "psychologist" "psychology" or any other terms that imply the person is trained, experienced, or an expert in the field of psychology. See Ohio Code 4732.01
• Public accounting firm: means a sole proprietorship, a partnership, a limited liability company, a professional association, a corporation-for-profit, or any other business organization that is engaged in the practice of public accounting in this state. See Ohio Code 4701.01
• Public authority: means any board or commission of the state or any officer of such a board or commission, or any political subdivision of the state. See Ohio Code 4707.01
• public children services agency: means an entity specified in section 5153. See Ohio Code 5153.01
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public highway: means any public street, road, or highway in this state, whether within or without the corporate limits of a municipal corporation. See Ohio Code 4921.01
• Public hospital: means a facility that is tax-supported and under the jurisdiction of the department of mental health and addiction services. See Ohio Code 5122.01
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public safety beds: means all of the following:

  (a) Felony delinquents who have been committed to the department of youth services for the commission of an act, other than a violation of section 2911. See Ohio Code 5139.01

• public utility: includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905. See Ohio Code 4905.02
• Public utility: means every one as defined in divisions (A), (C), (D), (E), (F), (G), (H), and (M) of section 4905. See Ohio Code 4911.01
• Public utility: means a wireless service provider as defined in division (A)(20) of section 4927. See Ohio Code 4939.01
• Public way: means the surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which, on or after July 2, 2002, is owned or controlled by a municipal corporation. See Ohio Code 4939.01
• Public way fee: means a fee levied to recover the costs incurred by a municipal corporation and associated with the occupancy or use of a public way. See Ohio Code 4939.01
• Publicly funded child care: means administering to the needs of infants, toddlers, preschool-age children, and school-age children under age thirteen during any part of the twenty-four-hour day by persons other than their caretaker parents for remuneration wholly or in part with federal or state funds, including funds available under the child care block grant act, Title IV-A, and Title XX, distributed by the department of job and family services. See Ohio Code 5104.01
• Pulverization: means the reduction of identifiable bone fragments to granulated particles by manual or mechanical means after the completion of the cremation process. See Ohio Code 4717.01
• Purchased nursing services: means services that are provided in an ICF/IID by registered nurses, licensed practical nurses, or nurse aides who are not employees of the ICF/IID. See Ohio Code 5124.01
• Purchased nursing services: means services that are provided in a nursing facility by registered nurses, licensed practical nurses, or nurse aides who are not employees of the nursing facility. See Ohio Code 5165.01
• Purchaser: means the individual who has purchased and financed a preneed funeral contract, and who may or may not be the contract beneficiary. See Ohio Code 4717.01
• Purchaser: means a person who purchases a condominium ownership interest for consideration pursuant to an agreement for the conveyance or transfer of that interest for consideration. See Ohio Code 5311.01
• Qualified firm: means a sole proprietorship, partnership, professional association, corporation-for-profit, limited liability company, or other business organization in which the individuals who own a majority of the business organization interests in the business organization and control the business organization hold an Ohio permit or a foreign certificate. See Ohio Code 4701.01
• Qualified medicaid school provider: means the board of education of a city, local, or exempted village school district, the governing board of an educational service center, the governing authority of a community school established under Chapter 3314 of the Revised Code, and Ohio deaf and blind education services to which both of the following apply:

  (a) It holds a valid provider agreement. See Ohio Code 5162.01

• Quorum: The number of legislators that must be present to do business.
• Radiation therapy technologist: means an individual who utilizes ionizing radiation-generating equipment, including therapy simulator radiation-generating equipment, for therapeutic purposes on human beings. See Ohio Code 4773.01
• Radiographer: means an individual who does all of the following in order to perform a comprehensive scope of radiology procedures on human beings:

  (1) Operates ionizing radiation-generating equipment;

  (2) Administers contrast;

  (3) Documents orders for contrast in patient medical records;

  (4) Determines procedure positioning;

  (5) Determines the dosage of ionizing radiation. See Ohio Code 4773.01

• Radiologist: means a physician who has successfully completed an approved radiology training program, as specified in the accreditation requirements that must be met to qualify as graduate medical education, as defined in section 4731. See Ohio Code 4774.01
• Radiologist assistant: means an individual who assists a radiologist in the care of radiology patients by engaging in any of the activities authorized under section 4774. See Ohio Code 4774.01
• Radiology: means the branch of medicine that deals with the use of radiation in diagnosis and treatment of disease or conditions. See Ohio Code 4774.01
• Rate plan: means the standard service offer in effect on the effective date of the amendment of this section by…. See Ohio Code 4928.01
• Reactivate: means the process prescribed by the superintendent of real estate and professional licensing to remove a license from an inactive, suspended, or broker's license on deposit status to allow a licensee to provide services that require a license under this chapter. See Ohio Code 4735.01
• Readily accessible: means available for visual inspection without requiring a person to move or dismantle personal property, take destructive measures, or take any other action that will involve risk to a person or to the property. See Ohio Code 4764.01
• Real estate: includes leaseholds as well as any and every interest or estate in land situated in this state, whether corporeal or incorporeal, whether freehold or nonfreehold, and the improvements on the land, but does not include cemetery interment rights. See Ohio Code 4735.01
• real estate appraisal services: means a real estate appraisal or appraisal review. See Ohio Code 4768.01
• Real estate broker: includes any person, partnership, association, limited liability company, limited liability partnership, or corporation, foreign or domestic, who for another, whether pursuant to a power of attorney or otherwise, and who for a fee, commission, or other valuable consideration, or with the intention, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration does any of the following:

  (1) Sells, exchanges, purchases, rents, or leases, or negotiates the sale, exchange, purchase, rental, or leasing of any real estate;

  (2) Offers, attempts, or agrees to negotiate the sale, exchange, purchase, rental, or leasing of any real estate;

  (3) Lists, or offers, attempts, or agrees to list, or auctions, or offers, attempts, or agrees to auction, any real estate;

  (4) Buys or offers to buy, sells or offers to sell, or otherwise deals in options on real estate;

  (5) Operates, manages, or rents, or offers or attempts to operate, manage, or rent, other than as custodian, caretaker, or janitor, any building or portions of buildings to the public as tenants;

  (6) Advertises or holds self out as engaged in the business of selling, exchanging, purchasing, renting, or leasing real estate;

  (7) Directs or assists in the procuring of prospects or the negotiation of any transaction, other than mortgage financing, which does or is calculated to result in the sale, exchange, leasing, or renting of any real estate;

  (8) Is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby the broker undertakes primarily to promote the sale, exchange, purchase, rental, or leasing of real estate through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both, except that this division does not apply to a publisher of listings or compilations of sales of real estate by their owners;

  (9) Collects rental information for purposes of referring prospective tenants to rental units or locations of such units and charges the prospective tenants a fee. See Ohio Code 4735.01

• Real estate salesperson: means any person associated with a licensed real estate broker to do or to deal in any acts or transactions set out or comprehended by the definition of a real estate broker, for compensation or otherwise. See Ohio Code 4735.01
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable: means that a cost is an actual cost that is appropriate and helpful to develop and maintain the operation of resident care facilities and activities, including normal standby costs, and that does not exceed what a prudent buyer pays for a given item or services. See Ohio Code 5124.01
• Reasonable: means that a cost is an actual cost that is appropriate and helpful to develop and maintain the operation of patient care facilities and activities, including normal standby costs, and that does not exceed what a prudent buyer pays for a given item or services. See Ohio Code 5165.01
• Rebasing: means a redetermination of each of the following using information from cost reports for an applicable calendar year that is later than the applicable calendar year used for the previous rebasing:

  (1) Each peer group's rate for ancillary and support costs as determined pursuant to division (C) of section 5165. See Ohio Code 5165.01

• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recovery housing residence: means a residence for individuals recovering from alcohol use disorder or drug addiction that provides an alcohol-free and drug-free living environment, peer support, assistance with obtaining alcohol and drug addiction services, and other recovery assistance for alcohol use disorder and drug addiction. See Ohio Code 5119.01
• Recovery supports: means assistance that is intended to help an individual with alcohol use disorder, drug addiction, or mental illness, or a member of such an individual's family, initiate and sustain the individual's recovery from alcohol use disorder, drug addiction, or mental illness. See Ohio Code 5119.01
• Refugee medical assistance program: means the program that the department of medicaid administers pursuant to section 5160. See Ohio Code 5160.01
• registered firm: means registration as a public accounting firm under section 4701. See Ohio Code 4701.01
• Registered land: means any land registered under this chapter and Chapter 5310 of the Revised Code. See Ohio Code 5309.01
• Registered mail: includes certified mail and "certified mail" includes registered mail. See Ohio Code 1.02
• Registered nurse: means an individual who holds a current, valid license issued under this chapter that authorizes the practice of nursing as a registered nurse. See Ohio Code 4723.01
• Registered nurse: means an individual licensed under Chapter 4723 of the Revised Code to engage in the practice of nursing as a registered nurse. See Ohio Code 4761.01
• Registered nurse: means an individual who holds a current, valid license issued under Chapter 4723 of the Revised Code authorizing the practice of nursing as a registered nurse. See Ohio Code 4765.01
• Registered veterinary technician: means a person who is a graduate of a veterinary technology college approved by the state veterinary medical licensing board, has successfully passed an examination approved by the board, and maintains registration eligibility status in accordance with rules adopted by the board. See Ohio Code 4741.01
• Registration: means a requirement to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides. See Ohio Code 4798.01
• Regulatory assets: includes , but is not limited to, all deferred demand-side management costs; all deferred percentage of income payment plan arrears; post-in-service capitalized charges and assets recognized in connection with statement of financial accounting standards no. See Ohio Code 4928.01
• Related party: means an individual or organization that, to a significant extent, has common ownership with, is associated or affiliated with, has control of, or is controlled by, a provider. See Ohio Code 5124.01
• Related party: means an individual or organization that, to a significant extent, has common ownership with, is associated or affiliated with, has control of, or is controlled by, the provider. See Ohio Code 5165.01
• Relative of owner: means an individual who is related to an owner of a nursing facility by one of the following relationships:

  (1) Spouse;

  (2) Natural parent, child, or sibling;

  (3) Adopted parent, child, or sibling;

  (4) Stepparent, stepchild, stepbrother, or stepsister;

  (5) Father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law;

  (6) Grandparent or grandchild;

  (7) Foster caregiver, foster child, foster brother, or foster sister. See Ohio Code 5165.01

• Release: means the termination of a child's stay in an institution and the subsequent period during which the child returns to the community under the terms and conditions of supervised release. See Ohio Code 5139.01
• Release authority: means the release authority of the department of youth services that is established by section 5139. See Ohio Code 5139.01
• Religious activities: means any of the following: worship or other religious services; religious instruction; Sunday school classes or other religious classes conducted during or prior to worship or other religious services; youth or adult fellowship activities; choir or other musical group practices or programs; meals; festivals; or meetings conducted by an organized religious group. See Ohio Code 5104.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Renewable energy resource: includes , but is not limited to, any fuel cell used in the generation of electricity, including, but not limited to, a proton exchange membrane fuel cell, phosphoric acid fuel cell, molten carbonate fuel cell, or solid oxide fuel cell; wind turbine located in the state's territorial waters of Lake Erie; methane gas emitted from an abandoned coal mine; waste energy recovery system placed into service or retrofitted on or after the effective date of the amendment of this section by…. See Ohio Code 4928.01
• renewed: as used in this chapter and in the chapters of the Revised Code specified in division (A) of this section, includes the continuing licensing procedure provided in Chapter 3748 of the Revised Code and rules adopted under it and in sections 1321. See Ohio Code 4745.01
• renovation: means an ICF/IID's betterment, improvement, or restoration, other than an addition, through a capital expenditure. See Ohio Code 5124.01
• Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of residential premises by one of the parties. See Ohio Code 4781.01
• repackager: means a person that repacks and relabels dangerous drugs for sale or distribution. See Ohio Code 4729.01
• Repair: means a repair as defined in the appropriate reference standard that does not require a permit. See Ohio Code 4785.01
• Report: means any communication, written, oral, or by any other means of transmission of information, of a real estate appraisal, appraisal review, or specialized service that is transmitted to a client or employer upon completion of the appraisal or service. See Ohio Code 4763.01
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Reserve auction: means an auction in which the seller or an agent of the seller reserves the right to establish a stated minimum bid, the right to reject or accept any or all bids, or the right to withdraw the real or personal property at any time prior to the completion of the auction by the auctioneer. See Ohio Code 4707.01
• residence: means that county in which the person maintained the person's primary place of residence at the time the person entered the facility;

  (ii) If a person is committed pursuant to section 2945. See Ohio Code 5119.01

• Residence: means a person's physical presence in a county with intent to remain there, except that:

  (1) If a person is receiving a mental health service at a facility that includes nighttime sleeping accommodations, residence means that county in which the person maintained the person's primary place of residence at the time the person entered the facility;

  (2) If a person is committed pursuant to section 2945. See Ohio Code 5122.01

• Resident: includes both tenants and owners. See Ohio Code 4781.01
• Resident: means , subject to division (T)(2) of this section, a person who is admitted either voluntarily or involuntarily to an institution or other facility pursuant to section 2945. See Ohio Code 5123.01
• Residential building: means a one-, two-, or three-family dwelling and any accessory construction incidental to the dwelling. See Ohio Code 4722.01
• Residential premises: means a lot located within a manufactured home park and the grounds, areas, and facilities contained within the manufactured home park for the use of residents generally or the use of which is promised to a resident. See Ohio Code 4781.01
• Residential services: includes program management, as described in section 5126. See Ohio Code 5126.01
• Residential treatment facility: means a residential facility licensed by the department of mental health and addiction services under section 5119. See Ohio Code 5166.01
• Resigned: means the license status in which a license has been voluntarily and permanently surrendered to or is otherwise in the possession of the division of real estate and professional licensing, may not be renewed or reactivated in accordance with the requirements specified in this chapter or the rules adopted pursuant to it, and is not associated with a real estate broker. See Ohio Code 4735.01
• Resources: means available capital and other assets, including moneys received from the federal, state, and local governments, private grants, and donations; appropriately qualified personnel; and appropriate capital facilities and equipment. See Ohio Code 5126.01
• Respiratory care: means rendering or offering to render to individuals, groups, organizations, or the public any service involving the evaluation of cardiopulmonary function, the treatment of cardiopulmonary impairment, the assessment of treatment effectiveness, and the care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. See Ohio Code 4761.01
• Respiratory care professional: means a person who is licensed under this chapter to practice the full range of services described in division (A) of this section. See Ohio Code 4761.01
• Respondent: means the person whose detention, commitment, hospitalization, continued hospitalization or commitment, or discharge is being sought in any proceeding under this chapter. See Ohio Code 5122.01
• Respondent: means the person whose detention, commitment, or continued commitment is being sought in any proceeding under this chapter. See Ohio Code 5123.01
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail electric service: means any service involved in supplying or arranging for the supply of electricity to ultimate consumers in this state, from the point of generation to the point of consumption. See Ohio Code 4928.01
• Retail natural gas service: means commodity sales service, ancillary service, natural gas aggregation service, natural gas marketing service, or natural gas brokerage service. See Ohio Code 4929.01
• Retail natural gas supplier: includes a marketer, broker, or aggregator, but excludes a natural gas company, a governmental aggregator as defined in division (K)(1) or (2) of this section, an entity described in division (A)(2) or (3) of section 4905. See Ohio Code 4929.01
• Retail seller: means any person that sells any dangerous drug to consumers without assuming control over and responsibility for its administration. See Ohio Code 4729.01
• Revenue decoupling mechanism: means a rate design or other cost recovery mechanism that provides recovery of the fixed costs of service and a fair and reasonable rate of return, irrespective of system throughput or volumetric sales. See Ohio Code 4929.01
• Review report: means either of the following:

  (1) Any review report on a financial statement that is issued with respect to any of the following:

  (a) Interim financial information in accordance with generally accepted auditing standards;

  (b) The financial information of a nonpublic entity in accordance with statements on standards for accounting and review services;

  (c) The reliability of another party's written assertion in accordance with statements on standards for attestation engagements. See Ohio Code 4701.01

• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Revocation: means the act of revoking a child's supervised release for a violation of a term or condition of the child's supervised release in accordance with section 5139. See Ohio Code 5139.01
• Revoked: means the license status in which the license is void and not eligible for reactivation. See Ohio Code 4735.01
• Ridesharing arrangement: means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools. See Ohio Code 4921.01
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Right-to-list home sale agreement: means an agreement whereby the owner of residential real estate agrees to provide another person with exclusive rights to list the real estate for sale at a future date in exchange for monetary consideration, or an equivalent to monetary consideration, and that meets one or both of the following:

  (1) The agreement states that it runs with the land or otherwise purports to bind future owners of the residential real estate;

  (2) The agreement purports to be a lien, encumbrance, or other real property security interest. See Ohio Code 4735.01

• Rotorcraft air ambulance: means a helicopter or other aircraft capable of vertical takeoffs, vertical landings, and hovering that is specifically designed, constructed, or modified and equipped and is intended to be used as a means of air medical transportation. See Ohio Code 4766.01
• Rule: includes regulation. See Ohio Code 1.59
• Salesperson: means any individual employed by a manufactured housing dealer or manufactured housing broker to sell, display, and offer for sale, or deal in manufactured homes or mobile homes for a commission, compensation, or other valuable consideration, but does not mean any public officer performing official duties. See Ohio Code 4781.01
• Salon: means a licensed facility on any premises, building, or part of a building in which an individual engages in the practice of one or more branches of cosmetology. See Ohio Code 4713.01
• School of cosmetology: means any premises, building, or part of a building in which students are instructed in the theories and practices of one or more branches of cosmetology. See Ohio Code 4713.01
• School psychologist: means any person who, within the scope of employment as described in division (D)(2) of this section, holds self out to the public by any title or description of services incorporating the words "school psychologist" or "school psychology" or who holds self out to be trained, experienced, or an expert in the practice of school psychology. See Ohio Code 4732.01
• School-age child: means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old. See Ohio Code 5104.01
• Scope of practice: means the services, methods, and techniques in which and the areas for which a person licensed or registered under this chapter is trained and qualified. See Ohio Code 4757.01
• scope of practice: means the services, methods, and techniques in which and the areas for which a person who holds a license, certificate, or endorsement under this chapter is trained and qualified. See Ohio Code 4758.01
• Sealed bidding: means a method of submitting a bid in writing by one or more persons following which the bids are opened at an advertised, predetermined time and place, and, after a review of all the bids received, the real or personal property is awarded to the highest and most responsive bidder. See Ohio Code 4707.01
• Secondary building: means a building or part of a building, other than an ICF/IID, in which the owner of one or more ICFs/IID has administrative work regarding the ICFs/IID performed or records regarding the ICFs/IID stored. See Ohio Code 5124.01
• Secure facility: means any facility that is designed and operated to ensure that all of its entrances and exits are under the exclusive control of its staff and to ensure that, because of that exclusive control, no child who has been institutionalized in the facility may leave the facility without permission or supervision. See Ohio Code 5139.01
• Security deposit: means any deposit of money or property to secure performance by the resident under a rental agreement. See Ohio Code 4781.01
• Security guard provider: means any person who engages in the business of security services. See Ohio Code 4749.01
• Self-generator: means an entity in this state that owns or hosts on its premises an electric generation facility that produces electricity primarily for the owner's consumption and that may provide any such excess electricity to another entity, whether the facility is installed or operated by the owner or by an agent under a contract. See Ohio Code 4928.01
• sell: includes any transaction made by any person, whether as principal proprietor, agent, or employee, to do or offer to do any of the following: deliver, distribute, broker, exchange, gift or otherwise give away, or transfer, whether the transfer is by passage of title, physical movement, or both. See Ohio Code 4729.01
• Sell or rent: means to transfer ownership or the right to use property, whether in person or through an agent, employee, or other person, in return for compensation. See Ohio Code 4752.01
• Seller: means any person that enters into a preneed funeral contract with a purchaser for the provision of funeral goods, funeral services, or both. See Ohio Code 4717.01
• Seller: includes an owner of property who is seeking to sell the property and a landlord who is seeking to rent or lease property to another person. See Ohio Code 4735.01
• Senior probate judge: means the current probate judge of a county who has served as probate judge of that county longer than any of the other current probate judges of that county. See Ohio Code 5126.01
• Serious risk noncompliance: means a licensure or certification rule violation that leads to a great risk of harm to, or death of, a child, and is observable, not inferable. See Ohio Code 5104.01
• Service: means a medical activity that requires training in the diagnosis, treatment, or prevention of disease. See Ohio Code 4730.01
• Service and support administration: means the duties performed by a service and support administrator pursuant to section 5126. See Ohio Code 5126.01
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shampooing: means the act of cleansing and conditioning an individual's hair under the supervision of an individual licensed under this chapter and in preparation to immediately receive a service from a licensee. See Ohio Code 4713.01
• Small cell facility: means a wireless facility that meets both of the following requirements:

  (1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume. See Ohio Code 4939.01

• Smart grid: means capital improvements to an electric distribution utility's distribution infrastructure that improve reliability, efficiency, resiliency, or reduce energy demand or use, including, but not limited to, advanced metering and automation of system functions. See Ohio Code 4928.01
• Social functioning: includes meeting basic needs of the individual and the individual's dependents, including physical aspects, personal fulfillment, emotional needs, and an adequate self-concept. See Ohio Code 4757.01
• Special needs child care: means child care provided to a child who is less than eighteen years of age and either has one or more chronic health conditions or does not meet age appropriate expectations in one or more areas of development, including social, emotional, cognitive, communicative, perceptual, motor, physical, and behavioral development and that may include on a regular basis such services, adaptations, modifications, or adjustments needed to assist in the child's function or development. See Ohio Code 5104.01
• Specialist: means a licensed veterinarian who is certified by a veterinary specialty board of a professional veterinary association recognized by rule of the state veterinary medical licensing board. See Ohio Code 4741.01
• Specialized services: means all appraisal services, other than appraisal assignments, including, but not limited to, valuation and analysis given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling, and specialized marketing, financing, and feasibility studies. See Ohio Code 4763.01
• Specialty occupational license for medical reimbursement: is a nontransferable authorization in law for an individual to qualify for payment or reimbursement from a government agency, for providing identified medical services, based on meeting personal qualifications established in law, which may be recognized by a private company. See Ohio Code 4798.01
• Specified relative: means the following individuals who are age eighteen or older:

  (1) The following individuals related by blood or adoption:

  (a) Grandparents, including grandparents with the prefix "great" "great-great" or "great-great-great";

  (b) Siblings;

  (c) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great" "great-great" "grand" or "great-grand";

  (d) First cousins and first cousins once removed. See Ohio Code 5107.02

• Sponsor: means an adult relative, friend, or guardian of an ICF/IID resident who has an interest or responsibility in the resident's welfare. See Ohio Code 5124.01
• Standard care arrangement: means a written, formal guide for planning and evaluating a patient's health care that is developed by one or more collaborating physicians or podiatrists and a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner and meets the requirements of section 4723. See Ohio Code 4723.01
• Starting date of competitive retail electric service: means January 1, 2001. See Ohio Code 4928.01
• state: means the state of Ohio. See Ohio Code 1.59
• state agency: except as otherwise provided in the title, means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government. See Ohio Code 1.60
• State agency: means every organized body, office, or agency, other than the department of medicaid, established by the laws of the state for the exercise of any function of state government. See Ohio Code 5162.01
• State fiscal year: means the fiscal year of this state, as specified in section 9. See Ohio Code 5165.01
• State institution: means an institution that is tax-supported and under the jurisdiction of the department of developmental disabilities. See Ohio Code 5123.01
• State pharmacy benefit manager: means the pharmacy benefit manager selected by and under contract with the medicaid director under section 5167. See Ohio Code 5167.01
• State plan home and community-based services: means home and community-based services that, as authorized by section 1915(i) of the "Social Security Act" 42 U. See Ohio Code 5164.01
• State university or college: includes the state universities listed in section 3345. See Ohio Code 4771.01
• State-certified general real estate appraiser: means any person who satisfies the certification requirements of this chapter relating to the appraisal of all types of real property and who holds a current and valid certificate or renewal certificate issued to the person pursuant to this chapter. See Ohio Code 4763.01
• State-certified residential real estate appraiser: means any person who satisfies the certification requirements only relating to the appraisal of one to four units of single-family residential real estate without regard to transaction value or complexity and who holds a current and valid certificate or renewal certificate issued to the person pursuant to this chapter. See Ohio Code 4763.01
• State-licensed residential real estate appraiser: means any person who satisfies the licensure requirements of this chapter relating to the appraisal of noncomplex one-to-four unit single-family residential real estate having a transaction value of less than one million dollars and complex one-to-four unit single-family residential real estate having a transaction value of less than two hundred fifty thousand dollars and who holds a current and valid license or renewal license issued to the person pursuant to this chapter. See Ohio Code 4763.01
• State-registered real estate appraiser assistant: means any person, other than a state-certified general real estate appraiser, state-certified residential real estate appraiser, or a state-licensed residential real estate appraiser, who satisfies the registration requirements of this chapter for participating in real estate appraisals and who holds a current and valid registration or renewal registration issued to the person pursuant to this chapter. See Ohio Code 4763.01
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Student: means an individual, other than an apprentice instructor, who is engaged in learning or acquiring knowledge of the practice of a branch of cosmetology at a school of cosmetology. See Ohio Code 4713.01
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent of financial institutions: includes the deputy superintendent for consumer finance as provided in section 1181. See Ohio Code 4727.01
• Superintendent of financial institutions: includes the deputy superintendent for consumer finance as provided in section 1181. See Ohio Code 4728.01
• superintendent of real estate: means the superintendent of the division of real estate and professional licensing of this state. See Ohio Code 4735.01
• superintendent of real estate: means the superintendent of the division of real estate and professional licensing of this state. See Ohio Code 4763.01
• Supervised release: means the event of the release of a child under this chapter from an institution and the period after that release during which the child is supervised and assisted by an employee of the department of youth services under specific terms and conditions for reintegration of the child into the community. See Ohio Code 5139.01
• Supervision: means the operation of all phases of the business of funeral directing or embalming under the specific direction of a licensed funeral director or licensed embalmer. See Ohio Code 4717.01
• Supplemental security income program: means the program established by Title XVI of the "Social Security Act" 42 U. See Ohio Code 5163.01
• Supplemental techniques: means the use of general nonmedical nutritional information, traditional and modern oriental therapeutics, heat therapy, moxibustion, acupressure and other forms of Chinese massage, and educational information regarding lifestyle modifications. See Ohio Code 4762.01
• supplier: means a person who contracts with an owner to provide home construction services for compensation and who maintains in force a general liability insurance policy in an amount of not less than two hundred fifty thousand dollars. See Ohio Code 4722.01
• Supported employment services: includes both of the following:

  (1) Job training resulting in the attainment of community employment, supported work in a typical work environment, or self-employment;

  (2) Support for ongoing community employment, supported work at community-based sites, or self-employment. See Ohio Code 5126.01

• Supported living: includes the provision of all of the following:

  (a) Housing, food, clothing, habilitation, staff support, professional services, and any related support services necessary to ensure the health, safety, and welfare of the individual receiving the services;

  (b) A combination of lifelong or extended-duration supervision, training, and other services essential to daily living, including assessment and evaluation and assistance with the cost of training materials, transportation, fees, and supplies;

  (c) Personal care services and homemaker services;

  (d) Household maintenance that does not include modifications to the physical structure of the residence;

  (e) Respite care services;

  (f) Program management, as described in section 5126. See Ohio Code 5126.01

• Supportive home services: means a range of services to families of individuals with developmental disabilities to develop and maintain increased acceptance and understanding of such persons, increased ability of family members to teach the person, better coordination between school and home, skills in performing specific therapeutic and management techniques, and ability to cope with specific situations. See Ohio Code 5126.01
• Suspended license: means the license status that prohibits a licensee from providing services that require a license under this chapter for a specified interval of time. See Ohio Code 4735.01
• TANF block grant: means the temporary assistance for needy families block grant established by Title IV-A of the "Social Security Act" 42 U. See Ohio Code 5116.01
• Tanning facility: means any premises, building, or part of a building that contains one or more rooms or booths with any of the following:

  (A) Equipment or beds used for tanning human skin by the use of fluorescent sun lamps using ultraviolet or other artificial radiation;

  (B) Equipment or booths that use chemicals applied to human skin, including chemical applications commonly referred to as spray-on, mist-on, or sunless tans;

  (C) Equipment or beds that use visible light for cosmetic purposes. See Ohio Code 4713.01

• Tax costs: means the costs of taxes imposed under Chapter 5751 of the Revised Code, real estate taxes, personal property taxes, and corporate franchise taxes. See Ohio Code 5165.01
• Taxicab: means a taxicab vehicle operated by a taxicab service company, provided the company is not a nonemergency medical service organization. See Ohio Code 4766.01
• Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Ohio Code 4927.01
• Telecommunications service: means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. See Ohio Code 4927.01
• Telephone company: means a company described in division (A) of section 4905. See Ohio Code 4927.01
• Telephone exchange service: means telecommunications service that is within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and that is covered by the exchange service charge; or comparable service provided through a system of switches, transmission equipment, or other facilities, or combination thereof, by which a customer can originate and terminate a telecommunications service. See Ohio Code 4927.01
• Telephone toll service: means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with customers for exchange service. See Ohio Code 4927.01
• Telepsychology: means the practice of psychology, independent school psychology, or school psychology by distance communication technology, including telephone, electronic mail, internet-based communications, and video conferencing. See Ohio Code 4732.01
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Tenant: means a person who is entitled under a rental agreement with a manufactured home park operator to occupy a manufactured home park lot and who does not own the home occupying the lot. See Ohio Code 4781.01
• Terminal distributor: includes pharmacies, hospitals, nursing homes, and laboratories and all other persons who procure dangerous drugs for sale or other distribution by or under the supervision of a pharmacist, licensed health professional authorized to prescribe drugs, or other person authorized by the state board of pharmacy. See Ohio Code 4729.01
• Testate: To die leaving a will.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutic pharmaceutical agent: means a drug or dangerous drug that is used for examination, investigation, diagnosis, treatment, or prevention of any disease, injury, or other abnormal condition of the visual system in the practice of optometry by a licensed optometrist, and is any of the following:

  (1) An oral drug or dangerous drug in one of the following classifications:

  (a) Anti-infectives, including antibiotics, antivirals, antimicrobials, and antifungals;

  (b) Anti-allergy agents;

  (c) Antiglaucoma agents;

  (d) Analgesics, including only analgesic drugs that are available without a prescription, analgesic drugs or dangerous drugs that require a prescription but are not controlled substances, and, to the extent authorized by the state vision professionals board in rules adopted under section 4725. See Ohio Code 4725.01

• Third-party administrator: means any person who adjusts or settles claims on behalf of an insuring entity in connection with life, dental, health, prescription drugs, or disability insurance or self-insurance programs and includes a pharmacy benefit manager. See Ohio Code 5167.01
• Third-party logistics provider: means a person that provides or coordinates warehousing or other logistics services pertaining to dangerous drugs including distribution, on behalf of a manufacturer, wholesale distributor, or terminal distributor of dangerous drugs, but does not take ownership of the drugs or have responsibility to direct the sale or disposition of the drugs. See Ohio Code 4729.01
• Threading: includes a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of thread and an astringent, if the service does not use chemicals of any kind, wax, or any implements, instruments, or tools to remove hair. See Ohio Code 4713.01
• Title IV-A: means Title IV-A of the "Social Security Act" 110 Stat. See Ohio Code 5104.01
• Title IV-A: means Title IV-A of the "Social Security Act" 49 Stat. See Ohio Code 5108.01
• Title IV-D: means Title IV-A or Title IV-D of the "Social Security Act" 49 Stat. See Ohio Code 5107.02
• Title XIX: means Title XIX of the "Social Security Act" 42 U. See Ohio Code 5124.01
• Title XIX: means Title XIX of the "Social Security Act" 42 U. See Ohio Code 5165.01
• Title XVIII: means Title XVIII of the "Social Security Act" 42 U. See Ohio Code 5124.01
• Title XVIII: means Title XVIII of the "Social Security Act" 42 U. See Ohio Code 5165.01
• Title XX: means Title XX of the "Social Security Act" 88 Stat. See Ohio Code 5104.01
• Toddler: means a child who is at least eighteen months of age but less than three years of age. See Ohio Code 5104.01
• Topical ocular pharmaceutical agent: means a drug or dangerous drug that is a topical drug and used for evaluative purposes in the practice of optometry or for purposes of examination, investigation, diagnosis, treatment, or prevention of any disease, injury, or other abnormal condition of the visual system. See Ohio Code 4725.01
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Tract: means a contiguous area of land that consists of one or more parcels, lots, or sites that have been separately surveyed regardless of whether the individual parcels, lots, or sites have been recorded and regardless of whether the one or more parcels, lots, or sites are under common or different ownership. See Ohio Code 4781.01
• Tradesperson: means any individual who is employed by a contractor and who engages in construction, improvement, renovation, repair, or maintenance of buildings or structures without assuming responsibility for the means, method, or manner of that construction, improvement, renovation, repair, or maintenance. See Ohio Code 4740.01
• Trailer: means any vehicle without motive power designed or used for carrying persons or property and for being drawn by a separate motor vehicle, including any vehicle of the trailer type, whether designed or used for carrying persons or property wholly on its own structure, or so designed or used that a part of its own weight or the weight of its load rests upon and is carried by such motor vehicle. See Ohio Code 4921.01
• Training agency: means an entity approved by the administrative section of the board to provide continuing education courses. See Ohio Code 4740.01
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trauma care: means the assessment, diagnosis, transportation, treatment, or rehabilitation of a trauma victim by emergency medical service personnel or by a physician, nurse, physician assistant, respiratory therapist, physical therapist, chiropractor, occupational therapist, speech-language pathologist, audiologist, or psychologist licensed to practice as such in this state or another jurisdiction. See Ohio Code 4765.01
• Trauma center: means all of the following:

  (1) Any hospital that is verified by the American college of surgeons as an adult or pediatric trauma center;

  (2) Any hospital that is operating as an adult or pediatric trauma center under provisional status pursuant to section 3727. See Ohio Code 4765.01

• trauma patient: means a person who has sustained a traumatic injury. See Ohio Code 4765.01
• traumatic injury: means severe damage to or destruction of tissue that satisfies both of the following conditions:

  (1) It creates a significant risk of any of the following:

  (a) Loss of life;

  (b) Loss of a limb;

  (c) Significant, permanent disfigurement;

  (d) Significant, permanent disability. See Ohio Code 4765.01

• Treatment plan: means a written statement of reasonable objectives and goals for an individual established by the treatment team, with specific criteria to evaluate progress towards achieving those objectives. See Ohio Code 5122.01
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Undertaking: includes a bond. See Ohio Code 1.02
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uniform quantitative minimum education or experience requirement: means a quantitative minimum education or experience requirement that is identical in all states that adopt a national standard. See Ohio Code 4796.01
• Uniformed services: means the armed forces of the United States; the commissioned corps of the national oceanic and atmospheric administration; the commissioned corps of the public health service; or any reserve components of those forces; and such other service as may be designated by congress. See Ohio Code 4796.01
• Unit: means the part of the condominium property that is designated as a unit in the declaration, is delineated as a unit on the drawings prepared pursuant to section 5311. See Ohio Code 5311.01
• Unit owner: means a person who owns a condominium ownership interest in a unit. See Ohio Code 5311.01
• Unit owners association: means the organization that administers the condominium property and that consists of all the owners of units in a condominium property. See Ohio Code 5311.01
• United States: includes all the states. See Ohio Code 1.59
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Utility pole: means a structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. See Ohio Code 4939.01
• Valid health services executive license: means a health services executive license to which all of the following apply:

  (1) It was issued by the board of executives of long-term services and supports under section 4751. See Ohio Code 4751.01

• Valuation: means an estimate of the value of real estate. See Ohio Code 4763.01
• Vehicle-mounted elevating and rotating work platforms standards: means the standards adopted by the American national standards institute and commonly referred to as ANSI/SAIA A92. See Ohio Code 4785.01
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Veterinary consultant: means a veterinarian who is not licensed in this state and who provides advice and counsel to a requesting veterinarian licensed in this state in regard to the treatment, diagnosis, or health care of an animal or animals in a specific case. See Ohio Code 4741.01
• Veterinary student: means a student enrolled in a college of veterinary medicine or a veterinary technology college approved by the board and who is working with a licensed veterinarian. See Ohio Code 4741.01
• Veterinary supervision: means instruction and directions by a licensed veterinarian on the premises or by a licensed veterinarian who is readily available to communicate with a person requiring supervision. See Ohio Code 4741.01
• Veterinary technology: means the science and art of providing professional support to veterinarians. See Ohio Code 4741.01
• Veterinary-client-patient-relationship: means a relationship that meets the requirements of section 4741. See Ohio Code 4741.01
• Victim: means the person identified in a police report, complaint, or information as the victim of an act that would have been a criminal offense if committed by an adult and that provided the basis for adjudication proceedings resulting in a child's commitment to the legal custody of the department of youth services. See Ohio Code 5139.01
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Visual system: means the human eye and its accessory or subordinate anatomical parts. See Ohio Code 4725.01
• Voice over internet protocol service: means a service that enables real-time, two-way, voice communications that originate or terminate from the user's location using internet protocol or a successor protocol, including, but not limited to, any such service that permits an end user to receive calls from and terminate calls to the public switched network. See Ohio Code 4927.01
• Voice service: includes all of the applicable functionalities described in 47 C. See Ohio Code 4927.01
• Voluntary termination: means an operator's voluntary election to terminate the participation of an ICF/IID in the medicaid program but to continue to provide service of the type provided by a residential facility as defined in section 5123. See Ohio Code 5124.01
• Voluntary withdrawal of participation: means an operator's voluntary election to terminate the participation of a nursing facility in the medicaid program but to continue to provide service of the type provided by a nursing facility. See Ohio Code 5165.01
• Volunteer: means a person who provides services either for no compensation or for compensation that does not exceed the actual expenses incurred in providing the services or in training to provide the services. See Ohio Code 4765.01
• Waste energy recovery system: means either of the following:

  (a) A facility that generates electricity through the conversion of energy from either of the following:

  (i) Exhaust heat from engines or manufacturing, industrial, commercial, or institutional sites, except for exhaust heat from a facility whose primary purpose is the generation of electricity;

  (ii) Reduction of pressure in gas pipelines before gas is distributed through the pipeline, provided that the conversion of energy to electricity is achieved without using additional fossil fuels. See Ohio Code 4928.01

• Water slip: means a channel of water between piers or wharves. See Ohio Code 5311.01
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
• wholesale distributor: means a person engaged in the sale of dangerous drugs at wholesale and includes any agent or employee of such a person authorized by the person to engage in the sale of dangerous drugs at wholesale. See Ohio Code 4729.01
• Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:

  (a) Equipment associated with wireless communications;

  (b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. See Ohio Code 4939.01

• Wireless service: means federally licensed commercial mobile service as defined in the "Telecommunications Act of 1996" 110 Stat. See Ohio Code 4927.01
• Wireless service: means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities. See Ohio Code 4939.01
• Wireless service provider: means a facilities-based provider of wireless service to one or more end users in this state. See Ohio Code 4927.01
• Wireless service provider: means a person who provides wireless service as defined in division (A)(19) of section 4927. See Ohio Code 4939.01
• Wireless support structure: means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities. See Ohio Code 4939.01
• Wireline backhaul facility: is a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire. See Ohio Code 4939.01
• Work file: means documentation used during the preparation of an appraisal report or necessary to support an appraiser's analyses, opinions, or conclusions. See Ohio Code 4763.01
• Work permit: means a permit issued by a municipal corporation that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the public way. See Ohio Code 4939.01
• Workforce development agency: means a public or private entity designated or certified by a local workforce development board to coordinate the delivery of workforce services for a county. See Ohio Code 5116.01
• Workforce Innovation and Opportunity Act: means Public Law 113-128, 29 U. See Ohio Code 5116.01
• Workmanlike manner: means the home construction service supplier has engaged in construction that meets or exceeds the minimum quantifiable standards promulgated by the Ohio home builders association. See Ohio Code 4722.01
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Youth workforce investment activity funds: means funds allocated or granted under Title I, Subtitle B, Chapter 2 of the "Workforce Innovation and Opportunity Act" 29 U. See Ohio Code 5116.01