(T) "Admission" to a hospital or other place means that a patient is accepted for and stays at least one night at the hospital or other place. Each individual now or formerly hospitalized pursuant to this chapter or former Chapter 5123. of the Revised Code, is entitled to an adjudication of competency or incompetency or termination of guardianship upon written request by any such individual, his guardian, or the chief clinical officer to the probate court. The continuance may be for no more than ten days from the day on which the respondent is detained or on which an affidavit is filed, whichever occurs first. If the court, after a hearing for continued commitment finds by clear and convincing evidence that the respondent is a mentally ill person subject to court order, the court may order continued commitment at places or to persons specified in division (C) of this section. (2) Division (B)(1) of this section does not apply to any person who was hospitalized, institutionalized, or confined in a facility under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and who escapes from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside the facility, in violation of section 2921.34 of the Revised Code. As used in this chapter and Chapter 5119. of the Revised Code: (A) "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. (B) Services provided to a minor pursuant to this section shall be limited to not more than six sessions or thirty days of services whichever occurs sooner. The chief clinical officer, upon releasing a patient on trial visit, may impose requirements and conditions in relation to the patient while the patient is absent from the hospital that are consistent with the treatment plan. (G) Nothing in this section shall limit the access of the Ohio protection and advocacy system to records or personnel as required under section 5123.601 of the Revised Code. Click here to read the adopted rules. The chief clinical officer of the hospital shall provide reasonable means and arrangements for informing patients of their rights to release as provided in this section and for assisting them in making and presenting requests for release or for a hearing under section 5122.141 of the Revised Code. The orders of a referee take effect immediately. A county's allocation may be zero. (4) The respondent shall be informed that the respondent may retain counsel and have independent expert evaluation. The report is not admissible as evidence for the purpose of establishing whether or not the respondent is a mentally ill person subject to court order, but shall be considered by the court in its determination of an appropriate placement for any person after that person is found to be a mentally ill person subject to court order. Upon application for such admission, the chief clinical officer of a hospital immediately shall notify the board of the patient's county of residence. (F) Where possible, the initial hearing shall be held before the respondent is taken into custody. To assist the hospital in determining whether the patient is subject to involuntary hospitalization and whether alternative services are available, the board or an agency the board designates promptly shall assess the patient unless the board or agency already has performed such assessment, or unless the commitment is pursuant to section 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code. Chapter 5122-29 - Ohio Administrative Code | Ohio Laws This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities. (B) No person who is being treated by spiritual means through prayer alone, in accordance with a recognized religious method of healing, may be involuntarily committed unless the court has determined that the person represents a substantial risk of impairment or injury to self or others; (C) Any person who is involuntarily detained in a hospital or otherwise is in custody under this chapter, immediately upon being taken into custody, shall be informed and provided with a written statement that the person may do any of the following: (1) Immediately make a reasonable number of telephone calls or use other reasonable means to contact an attorney, a licensed physician, or a licensed clinical psychologist, to contact any other person or persons to secure representation by counsel, or to obtain medical or psychological assistance, and be provided assistance in making calls if the assistance is needed and requested; (2) Retain counsel and have independent expert evaluation of the person's mental condition and, if the person is unable to obtain an attorney or independent expert evaluation, be represented by court-appointed counsel or have independent expert evaluation of the person's mental condition, or both, at public expense if the person is indigent; (3) Have a hearing to determine whether or not the person is a mentally ill person subject to court order. (1) The following practitioners are eligible to render services through the use of telehealth: (a) Physicians as defined in Chapter 4731. of the Revised Code. (c) The person, as a result of mental illness, is unlikely to voluntarily participate in necessary treatment. An Equal . Heartland Behavioral Healthcare in Massillon, OH The total of all the allocations plus the additional amount set aside shall equal the amount appropriated for the fiscal year to the department specifically for the purposes of this section. View Revised Code. The right to attend the hearing may be waived only by the respondent or counsel for the respondent after consultation with the respondent. If the court appoints counsel, or if the court determines that the evidence relevant to the respondent's absence does not justify the absence, the court shall continue the case. Ohio Administrative Code 5122 | Department of Mental Health and Addiction Services Chapter 5122-1 | General Provisions. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation. PROVIDER REQUIREMENTS AND REIMBURSEMENT MANUAL . Expand All Sections. (D) Nothing in this section relieves a mental health professional from the obligations of section 2151.421 of the Revised Code. The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Any referee designated under this division shall be an attorney. Judicial proceedings for hospitalization shall not be commenced with respect to a voluntary patient except pursuant to this section. Upon the request of a hospital, person, board, community mental health services provider, or facility who has custody of a patient hospitalized pursuant to section 5122.15 of the Revised Code, or on the order of the court, such patient may be called for a rehearing at such place within the county of the patient's residence or the county where such patient is hospitalized as the court designates. (B) When an affidavit is filed in the court as provided in section 5122.11 of the Revised Code, and the person alleged to be mentally ill is detained in a hospital located in another county, the court of the county in which such hospital is located shall, upon the request of the court receiving the affidavit, hold a hearing and make disposition of such person in accordance with Chapter 5122. of the Revised Code. (b) Psychologists as defined in Chapter 4732. of the Revised Code. The release of records under this division is limited to records regarding an inmate's or offender's medication history, physical health status and history, summary of course of treatment, summary of treatment needs, and a discharge summary, if any; (14) That records and reports relating to a person who has been deceased for fifty years or more are no longer considered confidential. The treatment plan shall be based on patient needs and include services to be provided to the patient while the patient is hospitalized, after the patient is discharged, or in an outpatient setting. If the respondent is indigent and the transcript and record is made, a copy shall be provided to the respondent upon request and be treated as an expense under section 5122.43 of the Revised Code. (iii) The person, as a result of the person's mental illness, is unlikely to voluntarily participate in necessary treatment. The nature and seriousness of the crime; b. Note: the code selection rules and documentation for outpatient services (99202-99215) have not changed. (2) Except as provided in division (E) of this section, no person who possesses or has access to quality assurance records and who knows that the records are quality assurance records shall willfully disclose the contents of the records to any person or entity. These criteria apply to any housing setting seeking levy, state or federal funds distributed by OhioMHAS or a local behavioral health entity; The application of the attorney or the prosecutor shall include a written report containing the diagnosis, prognosis, past treatment, a list of alternative treatment settings and plans, and identification of the treatment setting that is the least restrictive consistent with treatment needs. (J) "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. Published on: September 29, 2017 . The department shall set aside an amount in addition to the allocations to cover court costs associated with proceedings held under this chapter for counties that received an allocation of zero but that incurred expenditures authorized by the department. (d) In view of the person's treatment history and current behavior, the person is in need of treatment in order to prevent a relapse or deterioration that would be likely to result in substantial risk of serious harm to the person or others. Ohio Revised Code. If, at any time prior to the expiration of the ninety-day period, it is determined by the entity or person that the respondent's treatment needs could be equally well met in an available and appropriate less restrictive setting, both of the following apply: (1) The respondent shall be released from the care of the entity or person immediately and shall be referred to the court together with a report of the findings and recommendations of the entity or person; (2) The entity or person shall notify the respondent's counsel or the attorney designated by a board of alcohol, drug addiction, and mental health services or, if the respondent was committed to a board or a services provider designated by the board, it shall place the respondent in the least restrictive setting available consistent with treatment goals and notify the court and the respondent's counsel of the placement. 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