Ohio Administrative Code|Rule 3701-17-07 | Qualifications and health of personnel.

                                                
(A) Every nursing home administrator
		  shall be licensed pursuant to Chapter 4751. of the Revised Code, unless
		  specifically exempted from licensing under that chapter.
(B) No person with a disease which may be
		  transmitted in the performance of the person's job responsibilities shall
		  work in a nursing home during the stage of communicability unless the person is
		  given duties that minimize the likelihood of transmission and follows infection
		  control precautions and procedures.
(C) No person shall work in a nursing
		  home under either of the following circumstances:
(1) Under the influence
			 of alcohol, intoxicants or illegal drugs; or
(2) When the person is
			 using medications to the extent that the use adversely affects the performance
			 of his or her duties or the health or safety of any resident of the
			 home.
(D) No individual shall work in a nursing
		  home in any capacity for ten or more hours in any thirty-day period unless the
		  individual has been examined within thirty days before commencing work, or on
		  the first day of work, by a physician or other licensed health professional
		  acting within their applicable scope of practice and certified as medically
		  capable of performing his or her prescribed duties. Operators shall retain
		  documentation evidencing compliance with this paragraph and shall furnish such
		  documentation to the director upon request. This paragraph does not apply to
		  volunteers.
(E) Employees of temporary employment
		  services or, to the extent applicable, paid consultants working in a nursing
		  home, shall have medical examinations in accordance with paragraph (D) of this
		  rule, except that a new medical certification is not required for each new
		  assignment. Each nursing home in which such an individual works shall obtain
		  verification of the medical certification result, as applicable, from the
		  employment agency or consultant before the individual begins work and shall
		  maintain this documentation on file.
(F) Individuals used by an adult day care
		  program provided by and on the same site as the nursing home shall have medical
		  examinations in accordance with paragraph (D) of this rule if the adult day
		  care program is located or shares space within the same building as the nursing
		  home or if there is a sharing of staff between the nursing home and adult day
		  care program.
(G) The individual required by paragraph
		  (A) of rule 3701-17-09 of the Administrative Code to direct the activities
		  program shall meet one of the following qualifications:
(1) Has two years of
			 experience in a social or recreational program within five years preceding the
			 date of hire, one year of which was full-time in a resident activities program
			 in a health care setting;
(2) Is licensed as an
			 occupational therapist under Chapter 4755. of the Revised Code;
(3) Is licensed as an
			 occupational therapy assistant under Chapter 4755. of the Revised
			 Code;
(4) Is certified by a
			 nationally recognized accrediting body as a therapeutic recreation specialist
			 or activities professional; or
(5) Has successfully
			 completed training covering activities programming from a technical or
			 vocational school, college, university, or other educational institution, and
			 has one year of experience in recreational or activities services. Training may
			 also be provided by an out-of-state provider certified in the state in which
			 the provider is located to offer technical or vocational programs or to offer
			 degrees and college credits. For individuals hired after April 18, 2002, the
			 minimum amount of training needed to meet this requirement shall be ninety
			 hours.
(H) A food service manager designated
		  pursuant to paragraph (K) of rule 3701-17-18 of the Administrative Code who has
		  supervisory and management responsibility and the authority to direct and
		  control food preparation and service shall obtain the level two certification
		  in food protection according to rule 3701-21-25 of the Administrative
		  Code.
(I) All individuals used by the nursing
		  home who function in a professional capacity shall meet the standards
		  applicable to that profession, including but not limited to, possessing a
		  current Ohio license, registration, or certification, if required by
		  law.
(J) The operator or administrator shall
		  ensure that each staff member, consultant and volunteer used by the nursing
		  home receives orientation and training to the extent necessary to perform their
		  job responsibilities prior to commencing such job responsibilities
		  independently. The orientation and training shall include appropriate
		  orientation and training about residents rights, person-centered care, the
		  physical layout of the nursing home, the applicable job responsibilities, the
		  home's policies and procedures applicable to assuring safe and appropriate
		  resident care, emergency assistance procedures, and the disaster preparedness
		  plan.
(K) No nursing home shall employ a person
		  who applies for a position that involves the provision of direct care to an
		  older adult, if the person:
(1) Has been convicted of
			 or pleaded guilty to an offense listed in division (C)(1) of section 3721.121
			 of the Revised Code, unless the individual is hired under the personal
			 character standards set forth in rule 3701-13-06 of the Administrative
			 Code;
(2) Fails to complete the
			 form(s) or provide fingerprint impressions as required by division (B)(3) of
			 section 3721.121 of the Revised Code;
(3) Is the subject of a
			 finding of abuse or neglect of a resident or misappropriation of the property
			 of a resident on the nurse aide registry, established pursuant to section
			 3721.32 of the Revised Code;
(4) Is the subject of a
			 finding of abuse or neglect of a resident or misappropriation of the property
			 of a resident on the nurse aide registry established by another state where the
			 home believes or has reason to believe the person resides or resided;
			 or
(5) Has had a
			 disciplinary action taken against a professional license by a state licensure
			 body as a result of a finding of abuse, neglect, mistreatment of residents or
			 misappropriation of resident property.