Ohio Admin. Code 173-9-07 - Background checks for paid direct-care positions: occasions when a disqualifying offense does not disqualify
(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).
(b)
2903.02 (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).
(j)
2905.02
(abduction).
(k)
2905.32 (trafficking in
persons)
(l)
2905.33 (unlawful conduct with
respect to documents).
(m)
2907.02
(rape).
(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).
(s)
2907.08
(voyeurism).
(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).
(v)
2905.11 (extortion).
(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).
(x)
2909.03
(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).
(vi)
2905.12
(coercion).
(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).
(xii)
2917.03 (riot).
(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).
(xix)
2921.34 (escape).
(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:
(i)
2903.13
(assault).
(ii)
2903.22
(menacing).
(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).
(viii)
2913.02 (theft).
(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
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.38, 173.381, 173.391, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 173.38, 173.381; 42 C.F.R. 460.68, 460.71
Prior Effective Dates: 07/11/1991, 03/04/1997 (Emer.), 07/31/1997, 12/27/2001, 04/17/2003, 12/28/2006, 01/01/2008, 02/15/2009, 08/11/2011, 01/01/2013, 04/01/2014, 02/01/2015, 08/01/2017
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.