As used in this chapter:

Terms Used In Ohio Code 3712.01

  • Child: includes child by adoption. See Ohio Code 1.59
  • 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.
  • Hospice care program: means a coordinated program of home, outpatient, and inpatient care and services that is operated by a person or public agency and that provides the following care and services to hospice patients, including services as indicated below to hospice patients' families, through a medically directed interdisciplinary team, under interdisciplinary plans of care established pursuant to section 3712. See Ohio Code 3712.01
  • Hospice patient: means a patient, other than a pediatric respite care patient, who has been diagnosed as terminally ill, has an anticipated life expectancy of six months or less, and has voluntarily requested and is receiving care from a person or public agency licensed under this chapter to provide a hospice care program. See Ohio Code 3712.01
  • Interdisciplinary team: means a working unit composed of professional and lay persons that includes at least a physician, a registered nurse, a social worker, a member of the clergy or a counselor, and a volunteer. See Ohio Code 3712.01
  • Pediatric respite care patient: means a patient, other than a hospice patient, who is less than twenty-seven years of age and to whom all of the following conditions apply:

    (1) The patient has been diagnosed with a disease or condition that is life-threatening and is expected to shorten the life expectancy that would have applied to the patient absent the patient's diagnosis, regardless of whether the patient is terminally ill. See Ohio Code 3712.01

  • Pediatric respite care program: means a program operated by a person or public agency that provides inpatient respite care and related services, including all of the following services, only to pediatric respite care patients and, as indicated below, pediatric respite care patients' families, in order to meet the physical, psychological, social, spiritual, and other special needs that are experienced during or leading up to the final stages of illness, dying, and bereavement:

    (1) Short-term inpatient care, including both palliative and respite care and procedures;

    (2) Nursing care by or under the supervision of a registered nurse;

    (3) Physician's services;

    (4) Medical social services by a social worker under the direction of a physician;

    (5) Medical supplies, including drugs and biologicals, and the use of medical appliances;

    (6) Counseling for pediatric respite care patients and pediatric respite care patients' families;

    (7) Bereavement services for respite care patients' families. See Ohio Code 3712.01

  • Pediatric transition care program: means a program operated by a person or public agency that arranges for the provision of health care and related services in a private home setting, including all of the following services, only to pediatric transition care patients, who are not related by birth or adoption to the person that arranges for the provision of health care and related services, and, as indicated below, the parents of pediatric transition care patients, in order to meet the physical, psychological, social, spiritual, and other special needs of children who have been diagnosed with life-threatening diseases and conditions:

    (1) Inpatient care and procedures;

    (2) Skilled nursing care;

    (3) Nursing care by or under the supervision of a registered nurse;

    (4) Physician's services;

    (5) Medical supplies, including drugs and biologicals, and the use of medical appliances;

    (6) For a pediatric transition care patients' parents, counseling, education, and visitation to promote reunification. See Ohio Code 3712.01

  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Physician: means a person authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 3712.01
  • Registered nurse: means a person registered under Chapter 4723 of the Revised Code to practice professional nursing. See Ohio Code 3712.01
  • Skilled nursing care: includes the following:

    (1) Irrigations, catheterizations, application of dressings, and supervision of special diets;

    (2) Objective observation of changes in the patient's condition as a means of analyzing and determining the nursing care required and the need for further medical diagnosis and treatment;

    (3) Special procedures contributing to rehabilitation;

    (4) Administration of medication by any method ordered by a physician, such as hypodermically, rectally, or orally, including observation of the patient after receipt of the medication;

    (5) Carrying out other treatments prescribed by the physician that involve a similar level of complexity and skill in administration. See Ohio Code 3712.01

  • Social worker: means a person licensed under Chapter 4757 of the Revised Code to practice as a social worker or independent social worker. See Ohio Code 3712.01

(A) “Hospice care program” means a coordinated program of home, outpatient, and inpatient care and services that is operated by a person or public agency and that provides the following care and services to hospice patients, including services as indicated below to hospice patients’ families, through a medically directed interdisciplinary team, under interdisciplinary plans of care established pursuant to section 3712.06 of the Revised Code, in order to meet the physical, psychological, social, spiritual, and other special needs that are experienced during the final stages of illness, dying, and bereavement:

(1) Nursing care by or under the supervision of a registered nurse;

(2) Physical, occupational, or speech or language therapy, unless waived by the department of health pursuant to rules adopted under division (A) of section 3712.03 of the Revised Code;

(3) Medical social services by a social worker under the direction of a physician;

(4) Services of a home health aide;

(5) Medical supplies, including drugs and biologicals, and the use of medical appliances;

(6) Physician‘s services;

(7) Short-term inpatient care, including both palliative and respite care and procedures;

(8) Counseling for hospice patients and hospice patients’ families;

(9) Services of volunteers under the direction of the provider of the hospice care program;

(10) Bereavement services for hospice patients’ families.

“Hospice care program” does not include a pediatric respite care program or a pediatric transition care program.

(B) “Hospice patient” means a patient, other than a pediatric respite care patient, who has been diagnosed as terminally ill, has an anticipated life expectancy of six months or less, and has voluntarily requested and is receiving care from a person or public agency licensed under this chapter to provide a hospice care program.

(C) “Hospice patient’s family” means a hospice patient‘s immediate family members, including a spouse, brother, sister, child, or parent, and any other relative or individual who has significant personal ties to the patient and who is designated as a member of the patient’s family by mutual agreement of the patient, the relative or individual, and the patient’s interdisciplinary team.

(D) “Interdisciplinary team” means a working unit composed of professional and lay persons that includes at least a physician, a registered nurse, a social worker, a member of the clergy or a counselor, and a volunteer.

(E) “Palliative care” means specialized care for a patient of any age who has been diagnosed with a serious or life-threatening illness that is provided at any stage of the illness by an interdisciplinary team working in consultation with other health care professionals, including those who may be seeking to cure the illness, and that aims to do all of the following:

(1) Relieve the symptoms, stress, and suffering resulting from the illness;

(2) Improve the quality of life of the patient and the patient’s family;

(3) Address the patient’s physical, emotional, social, and spiritual needs;

(4) Facilitate patient autonomy, access to information, and medical decision making.

(F) “Physician” means a person authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(G) “Attending physician” means the physician identified by the hospice patient, pediatric respite care patient, hospice patient’s family, or pediatric respite care patient’s family as having primary responsibility for the medical care of the hospice patient or pediatric respite care patient.

(H) “Registered nurse” means a person registered under Chapter 4723 of the Revised Code to practice professional nursing.

(I) “Social worker” means a person licensed under Chapter 4757 of the Revised Code to practice as a social worker or independent social worker.

(J) “Pediatric respite care program” means a program operated by a person or public agency that provides inpatient respite care and related services, including all of the following services, only to pediatric respite care patients and, as indicated below, pediatric respite care patients’ families, in order to meet the physical, psychological, social, spiritual, and other special needs that are experienced during or leading up to the final stages of illness, dying, and bereavement:

(1) Short-term inpatient care, including both palliative and respite care and procedures;

(2) Nursing care by or under the supervision of a registered nurse;

(3) Physician’s services;

(4) Medical social services by a social worker under the direction of a physician;

(5) Medical supplies, including drugs and biologicals, and the use of medical appliances;

(6) Counseling for pediatric respite care patients and pediatric respite care patients’ families;

(7) Bereavement services for respite care patients’ families.

“Pediatric respite care program” does not include a pediatric transition care program or hospice care program.

(K) “Pediatric transition care program” means a program operated by a person or public agency that arranges for the provision of health care and related services in a private home setting, including all of the following services, only to pediatric transition care patients, who are not related by birth or adoption to the person that arranges for the provision of health care and related services, and, as indicated below, the parents of pediatric transition care patients, in order to meet the physical, psychological, social, spiritual, and other special needs of children who have been diagnosed with life-threatening diseases and conditions:

(1) Inpatient care and procedures;

(2) Skilled nursing care;

(3) Nursing care by or under the supervision of a registered nurse;

(4) Physician’s services;

(5) Medical supplies, including drugs and biologicals, and the use of medical appliances;

(6) For a pediatric transition care patients’ parents, counseling, education, and visitation to promote reunification.

“Pediatric transition care program” does not include a hospice care program or a pediatric respite care program.

(L) “Pediatric respite care patient” means a patient, other than a hospice patient, who is less than twenty-seven years of age and to whom all of the following conditions apply:

(1) The patient has been diagnosed with a disease or condition that is life-threatening and is expected to shorten the life expectancy that would have applied to the patient absent the patient’s diagnosis, regardless of whether the patient is terminally ill.

(2) The diagnosis described in division (L)(1) of this section occurred while the patient was less than eighteen years of age.

(3) The patient, or the parent or guardian of the patient if the patient is under eighteen years of age or under guardianship, has voluntarily requested and is receiving care from a person or public agency licensed under this chapter to provide a pediatric respite care program.

(M) “Pediatric transition care patient” means a patient, other than a hospice patient, who is less than twenty-seven years of age and to whom all of the following conditions apply:

(1) The patient has been diagnosed with a disease or condition that is life-threatening and is expected to shorten the life expectancy that would have applied to the patient absent the patient’s diagnosis, regardless of whether the patient is terminally ill.

(2) The diagnosis described in division (M)(1) of this section occurred when the patient was less than eighteen years of age.

(3) The patient, or the parent or guardian of the patient if the patient is under eighteen years of age or under guardianship, has voluntarily requested and is receiving care from a person or public agency registered under this chapter to provide a pediatric transition care program.

(N) “Pediatric respite care patient’s family” means a pediatric respite care patient’s family members, including a spouse, brother, sister, child, or parent, and any other relative or individual who has significant personal ties to the patient and who is designated as a member of the patient’s family by mutual agreement of the patient, the relative or individual, and the patient’s interdisciplinary team.

(O) “Skilled nursing care” means procedures that require technical skills and knowledge beyond those the untrained person possesses and that are commonly employed in providing for the physical, mental, and emotional needs of the ill or otherwise incapacitated. “Skilled nursing care” includes the following:

(1) Irrigations, catheterizations, application of dressings, and supervision of special diets;

(2) Objective observation of changes in the patient’s condition as a means of analyzing and determining the nursing care required and the need for further medical diagnosis and treatment;

(3) Special procedures contributing to rehabilitation;

(4) Administration of medication by any method ordered by a physician, such as hypodermically, rectally, or orally, including observation of the patient after receipt of the medication;

(5) Carrying out other treatments prescribed by the physician that involve a similar level of complexity and skill in administration.

Last updated March 15, 2023 at 12:42 PM