Introduction: When the responsible
party is an agency provider, PACE organization, ODA, AAA, or PAA, in the case
of its applicants, employees, and subcontracted self-employed providers, there
are four possible ways to hire an applicant or subcontract with a selfemployed
provider, or retain an employee or subcontracted self-employed provider, if the
applicant's, employee's, or subcontracted self-employed provider's criminal
record contains a disqualifying offense: not being in a period of
disqualification under paragraph (A) of this rule, being grandfathered under
paragraph (B) of this rule, having a certificate under paragraph (C) of this
rule, or being pardoned under paragraph (D) of this rule. If
42 C.F.R.
460.68(a) permanently
disqualifies an applicant, employee, or self-employed provider from employment
in, or subcontracting by, a PACE organization or a subcontractor of a PACE
organization, this rule does not establish an occasion when the disqualifying
offense under 42 C.F.R.
460.68(a) does not
disqualify under the PACE program.
When the responsible party is a
consumer in the case of an applicant to be, or an employee who is, the
consumer's participant-directed provider, there are four possible ways to hire
an applicant, or retain an employee, as the consumer's participant-directed
provider: not being in a period of disqualification under paragraph (A) of this
rule, being grandfathered under paragraph (B) of this rule, having a
certificate under paragraph (C) of this rule, or being pardoned under paragraph
(D) of this rule.
When the responsible party is ODA in
the case of a self-employed provider's application to become an ODA-certified
non-agency provider under Chapter 173-39 of the Administrative Code and in the
case of an ODA-certified non-agency provider, the responsible party shall not
reject a self-employed provider's application for ODA certification or revoke a
self-employed provider's certification solely because the self-employed
provider has a disqualifying offense on his or her criminal record in the
following four situations: the selfemployed provider is not in a period of
disqualification under paragraph (A) of this rule, being grandfathered under
paragraph (B) of this rule, having a certificate under paragraph (C) of this
rule, or being pardoned under paragraph (D) of this rule.
When the responsible party is an AAA in
the case of a self-employed provider who bids for an AAA-provider agreement or
is in an existing AAA-provider agreement, the responsible party shall not
reject a bid from a self-employed provider for an AAA-provider agreement
(agreement) or to terminate an existing agreement solely because the
selfemployed provider has a disqualifying offense on the self-employed
provider's criminal record in the following four situations: the self-employed
provider is not in a period of disqualification under paragraph (A) of this
rule, being grandfathered under paragraph (B) of this rule, having a
certificate under paragraph (C) of this rule, or being pardoned under paragraph
(D) of this rule.
(A)
Periods of disqualification:
(1)
Tier I: permanent
disqualification: An applicant, employee, or self-employed provider is in a
permanent period of disqualification if the applicant, employee, or
self-employed provider was convicted of, pleaded guilty to, or has been found
eligible for intervention in lieu of conviction to, an offense in any of the
following sections of the Revised Code or an offense of any existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to an offense in any of the following sections
of the Revised Code:
(a)
2903.01 (aggravated murder).
(c)
2903.03 (voluntary manslaughter).
(d)
2903.11
(felonious assault).
(e)
2903.15 (permitting child abuse).
(f)
2903.16
(knowingly or recklessly failing to provide for a functionally-impaired
person).
(g)
2903.34 (patient abuse, gross patient abuse, patient
neglect).
(h)
2903.341 (patient endangerment).
(i)
2905.01
(kidnapping).
(k)
2905.32
(trafficking in persons)
(l)
2905.33 (unlawful conduct with respect to
documents).
(n)
2907.03 (sexual
battery).
(o)
2907.04 (unlawful sexual conduct with a minor, formerly
corruption of a minor).
(p)
2907.05 (gross sexual imposition).
(q)
2907.06 (sexual
imposition).
(r)
2907.07 (importuning).
(t)
2907.12 (felonious sexual penetration).
(u)
2907.31
(disseminating matter harmful to juveniles).
(v)
2907.32
(pandering obscenity).
(w)
2907.321 (pandering obscenity involving a minor or
impaired person).
(x)
2907.322 (pandering sexually-oriented matter involving
a minor or impaired person).
(y)
2907.323 (illegal
use of a minor or impaired person in a nudity-oriented material or
performance).
(z)
2909.22 (soliciting or providing support for an act of
terrorism).
(aa)
2909.23 (making a terroristic threat).
(bb)
2909.24
(terrorism).
(cc)
2913.40 (medicaid fraud).
(dd)
If related to
another offense under paragraph (A)(1) of this rule, 2923.01 (conspiracy),
2923.02 (attempt), or 2923.03 (complicity).
(ee)
Any other
section of the Revised Code related to fraud, theft, embezzlement, breach of
fiduciary responsibility, or other financial misconduct involving a federal or
state-funded program other than section
2913.46 of the Revised Code
(illegal use of SNAP or WIC program benefits).
(2)
Tier II: ten-year
period of disqualification:
(a)
An applicant, employee, or self-employed provider is
subject to a ten-year period of disqualification which ends ten years after the
date the applicant, employee, or self-employed provider was fully discharged
from all imprisonment, probation, or parole if the applicant, employee, or
self-employed provider was convicted of, pleaded guilty to, or has been found
eligible for intervention in lieu of conviction to, an offense in any of the
following sections of the Revised Code or an offense of any existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to an offense in any of the following sections
of the Revised Code:
(i)
2903.04 (involuntary manslaughter).
(ii)
2903.041
(reckless homicide).
(iii)
2905.04 (child stealing, as it existed before July 1,
1996).
(iv)
2905.05 (child enticement).
(vi)
2907.21 (compelling prostitution).
(vii)
2907.22
(promoting prostitution).
(viii)
2907.23
(enticing or soliciting another person to patronize a prostitute; procurement
of a prostitute for another person to patronize).
(ix)
2909.02
(aggravated arson).
(xi)
2911.01
(aggravated robbery).
(xii)
2911.11 (aggravated burglary).
(xiii)
2913.46
(illegal use of SNAP or WIC program benefits).
(xiv)
2913.48
(worker's compensation fraud).
(xv)
2913.49
(identity fraud).
(xvi)
2917.02 (aggravated riot).
(xvii)
2923.12
(carrying concealed weapons).
(xviii)
2923.122
(illegal conveyance or possession of deadly weapon or dangerous ordnance in a
school safety zone, illegal possession of an object indistinguishable from a
firearm in a school safety zone).
(xix)
2923.123
(illegal conveyance of a deadly weapon into a courthouse, possession or control
of deadly weapon or ordnance into a courthouse).
(xx)
2923.13 (having
weapons while under disability).
(xxi)
2923.161
(improperly discharging a firearm at or into a habitation, a school safety
zone, or with the intent to cause harm or panic to persons in a school, in a
school building, or at a school function or the evacuation of a school
function).
(xxii)
2923.162 (discharge of firearm on or near prohibited
premises).
(xxiii)
2923.21 (improperly furnishing firearms to a
minor).
(xxiv)
2923.32 (engaging in a pattern of corrupt
activity).
(xxv)
2923.42 (participating in a criminal
gang).
(xxvi)
2925.02 (corrupting another with
drugs).
(xxvii)
2925.03 (aggravated trafficking in drugs, trafficking
in drugs, trafficking in marihuana [marijuana], trafficking in cocaine,
trafficking in LSD, trafficking in heroin, trafficking in hashish, trafficking
in a controlled substance analog, trafficking in a fentanyl-related
compound).
(xxviii)
2925.04 (illegal manufacture of drugs, illegal
cultivation of marijuana).
(xxix)
2925.041
(illegal assembly or possession of chemicals for the manufacture of
drugs).
(xxx)
3716.11 (placing harmful or hazardous objects in food
or confection).
(xxxi)
If related to another offense under paragraph (A)(2)(a)
of this rule, 2923.01 (conspiracy), 2923.02 (attempt), or 2923.03
(complicity).
(b)
An applicant, employee, or self-employed provider is
subject to a fifteenyear period of disqualification (which ends fifteen years
after the date the applicant, employee, or self-employed provider was fully
discharged from all imprisonment, probation, or parole) if the applicant,
employee, or self-employed provider was convicted of multiple disqualifying
offenses, including an offense listed under paragraph (A)(2)(a) of this rule,
and another offense or offenses listed under paragraph (A)(2)(a), (A)(3)(a), or
(A)(4)(a) of this rule, and if the multiple disqualifying offenses are not the
result of, or connected to, the same act.
(3)
Tier III:
seven-year period of disqualification:
(a)
An applicant,
employee, or self-employed provider is subject to a sevenyear period of
disqualification which ends seven years after the date of full discharge from
all imprisonment, probation, or parole if the applicant, employee, or
self-employed provider was convicted of, pleaded guilty to, or has been found
eligible for intervention in lieu of conviction to an offense in any of the
following sections of the Revised Code or an offense of any existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to an offense in any of the following sections
of the Revised Code:
(i)
959.13 (cruelty to animals).
(ii)
959.131
(prohibitions concerning companion animals).
(iii)
2903.12
(aggravated assault).
(iv)
2903.21 (aggravated menacing).
(v)
2903.211
(menacing by stalking).
(vii)
2909.04
(disrupting public services).
(viii)
2911.02
(robbery).
(ix)
2911.12 (burglary, trespass in a habitation when a
person is present or likely to be present).
(x)
2913.47
(insurance fraud).
(xi)
2917.01 (inciting to violence).
(xiii)
2917.31 (inducing panic).
(xiv)
2919.22
(endangering children).
(xv)
2919.25 (domestic violence).
(xvi)
2921.03
(intimidation).
(xvii)
2921.11 (perjury).
(xviii)
2921.13
(falsification, falsification in a theft offense, falsification to purchase a
firearm, or falsification to obtain a concealed handgun license, falsification
regarding a removal proceeding).
(xx)
2921.35 (aiding escape or resistance to lawful
authority).
(xxi)
2921.36 (illegal conveyance of weapons, drugs,
intoxicating liquor, or a communications device onto the grounds of a specified
government facility, illegal conveyance of cash onto the grounds of a detention
facility).
(xxii)
2925.05 (aggravated funding of drug or marihuana
[marijuana] trafficking, drug or marihuana [marijuana]
trafficking).
(xxiii)
2925.06 (illegal administration of distribution of
anabolic steroids).
(xxiv)
2925.24 (tampering with drugs).
(xxv)
2927.12 (ethnic
intimidation).
(xxvi)
If related to another offense under paragraph (A)(3)(a)
of this rule, 2923.01 (conspiracy), 2923.02 (attempt), or 2923.03
(complicity).
(b)
An applicant, employee, or self-employed provider is
subject to a ten-year period of disqualification (which ends ten years after
the date of full discharge from all imprisonment, probation, or parole) if the
applicant, employee, or self-employed provider was convicted of multiple
disqualifying offenses, including an offense listed under paragraph (A)(3)(a)
of this rule, and another offense or offenses listed under paragraph (A)(3)(a)
or (A)(4)(a) of this rule, and if the multiple disqualifying offenses are not
the result of, or connected to, the same act.
(4)
Tier IV:
five-year period of disqualification:
(a)
An applicant,
employee, or self-employed provider is subject to a five-year period of
disqualification which ends five years after the date of full discharge from
all imprisonment, probation, or parole if the applicant, employee, or
self-employed provider was convicted of, pleaded guilty to, or has been found
eligible for intervention in lieu of conviction to, an offense in any of the
following sections of the Revised Code or an offense of any existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to an offense in any of the following sections
of the Revised Code:
(iii)
2907.09 (public indecency).
(iv)
2907.24
(soliciting, engaging in solicitation after a positive HIV
test).
(v)
2907.25 (prostitution, engaging in prostitution after a
positive HIV test).
(vi)
2907.33 (deception to obtain matter harmful to
juveniles).
(vii)
2911.13 (breaking and entering).
(ix)
2913.03 (unauthorized use of a
vehicle).
(x)
2913.04 (unauthorized use of property; unauthorized use
of computer, cable, or telecommunication property; unauthorized use of the law
enforcement automated database system; unauthorized use of the Ohio law
enforcement gateway).
(xi)
2913.05 (telecommunications fraud).
(xii)
2913.11
(passing bad checks).
(xiii)
2913.21 (misuse of credit cards).
(xiv)
2913.31
(forgery, forging identification cards or selling or distributing forged
identification cards).
(xv)
2913.32 (criminal simulation).
(xvi)
2913.41
(defrauding a rental agency or hostelry).
(xvii)
2913.42
(tampering with records).
(xviii)
2913.43
(securing writings by deception).
(xix)
2913.44
(personating an officer).
(xx)
2913.441
(unlawful display of the emblem of a law enforcement agency or an organization
of law enforcement officers).
(xxi)
2913.45
(defrauding creditors).
(xxii)
2913.51
(receiving stolen property).
(xxiii)
2919.12
(unlawful abortion).
(xxiv)
2919.121 (unlawful abortion (upon
minor)).
(xxv)
2919.123 (unlawful distribution of an abortion-inducing
drug).
(xxvi)
2919.124 (unlawful performance of a drug-induced
abortion).
(xxvii)
2919.23 (interference with custody).
(xxviii)
2919.24
(contributing to the unruliness or delinquency of a child).
(xxix)
2921.12
(tampering with evidence).
(xxx)
2921.21
(compounding a crime).
(xxxi)
2921.24 (disclosure of confidential
information).
(xxxii)
2921.32 (obstructing justice).
(xxxiii)
2921.321
(assaulting or harassing a police dog or horse, assaulting or harassing an
assistance dog).
(xxxiv)
2921.51 (impersonation of peace officer, private police
officer, federal law enforcement officer, or BCII
investigator).
(xxxv)
2925.09 (illegal administration, dispensing,
distribution, manufacture, possession, selling, or using of any dangerous drug
to or for livestock or any animal that is generally used for food or in the
production of food, unless the drug is prescribed by a licensed
veterinarian).
(xxxvi)
2925.11 (aggravated possession of drugs, possession of
drugs, possession of cocaine, possession of LSD, possession of heroin,
possession of hashish, possession of a controlled substance analog, possession
of marihuana, [marijuana] possession of a fentanyl-related compound), unless a
minor drug possession offense.
(xxxvii)
2925.13
(permitting drug abuse).
(xxxviii)
2925.22
(deception to obtain a dangerous drug).
(xxxix)
2925.23
(illegal processing of drug documents).
(xl)
2925.36 (illegal
dispensing of drug samples).
(xli)
2925.55
(unlawful purchase of a pseudoephedrine product or ephedrine product, underage
purchase of a pseudoephedrine product or ephedrine product, using false
information to purchase a pseudoephedrine product or ephedrine product,
improper purchase of a pseudoephedrine product or ephedrine
product).
(xlii)
2925.56 (unlawfully selling a pseudoephedrine product
or ephedrine product; unlawfully selling a pseudoephedrine product or ephedrine
product to a minor; improper sale of a pseudoephedrine product or ephedrine
product).
(xliii)
If related to another offense under paragraph (A)(4)(a)
of this rule, 2923.01 (conspiracy), 2923.02 (attempt), or 2923.03
(complicity).
(b)
An applicant, employee, or self-employed provider is
subject to a sevenyear period of disqualification beginning on the date of full
discharge from all imprisonment, probation, or parole if the applicant,
employee, or self-employed provider was convicted of multiple disqualifying
offenses listed under paragraph (A)(4)(a) of this rule, and if the multiple
disqualifying offenses are not the result of, or connected to, the same
act.
(5)
Tier V: no period of disqualification: An applicant,
employee, or self-employed provider is subject to no period of disqualification
if the applicant, employee, or self-employed provider was convicted of, pleaded
guilty to, or has been found eligible for intervention in lieu of conviction
to, an offense in any of the following sections of the Revised Code or an
offense of any existing or former municipal ordinance or law of this state, any
other state, or the United States that is substantially equivalent to an
offense in any of the following sections of the Revised Code:
(a)
2925.11 (drug
possession), but only if a minor drug possession offense.
(b)
2925.14 (illegal
use, possession, dealing, selling to a juvenile, or advertising of drug
paraphernalia).
(B)
Grandfathered:
For the purposes of this rule, an employee or subcontracted selfemployed
provider is grandfathered if the employee or self-employed provider would
otherwise have been disqualified from a paid direct-care position because the
employee or self-employed provider was convicted of, pleaded guilty to, or has
been found eligible for intervention in lieu of conviction to, an offense(s)
listed under paragraph (A)(4) of this rule, but only if all of the following
have occurred:
(1)
The responsible party hired the employee before January
1, 2013.
(2)
The employee's conviction or guilty plea occurred
before January 1, 2013.
(3)
The responsible party considered the nature and
seriousness of the offense(s), and attested in writing before April 1, 2013, to
the character and fitness of the employee based upon the employee's
demonstrated work performance.
(C)
Certified: For
the purposes of this rule, an applicant, employee, or subcontracted
self-employed provider is certified if applicant's, employee's, or
subcontracted selfemployed provider's conviction of, plea of guilty to, or
eligibility for intervention in lieu of conviction to, a disqualifying offense
is not one of the disqualifying offenses listed under paragraph (A)(1) of this
rule and if the applicant, employee, or subcontracted self-employed provider
was issued either of the following:
(1)
Certificate of qualification for employment issued by a
court of common pleas with competent jurisdiction pursuant to section
2953.25 of the Revised Code (A
person may petition for a certificate of qualification for employment on "The
Ohio Certificate of Qualification for Employment Online Petition Website"
or
https://www.drccqe.com/
).
(2)
Certificate of achievement and employability in a home
and community-based service-related field, issued by the department of
rehabilitation and corrections pursuant to section
2961.22 of the Revised
Code.
(D)
Pardoned: An applicant, employee, or self-employed
provider is pardoned from any disqualifying offense listed or described in rule
173-9-06 of the Administrative
Code under any of the following circumstances:
(1)
The applicant or
employee was granted an unconditional pardon for the offense pursuant to
Chapter 2967. of the Revised Code.
(2)
The applicant or
employee was granted an unconditional pardon for the offense pursuant to an
existing or former law of this state, any other state, or the United States, if
the law is substantially equivalent to Chapter 2967. of the Revised
Code.
(3)
The conviction or guilty plea was set aside pursuant to
law.
(4)
The applicant or employee was granted a conditional
pardon for the offense pursuant to Chapter 2967. of the Revised Code, and the
conditions under which the pardon was granted have been satisfied.
Replaces: 173-9-07, 173-9-07.1