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Flashcards in Inspections and Investigations Deck (7):

The director shall inspection an RCF when?

at least once prior to the
issuance of a license, at least once every fifteen months and as the director
considers necessary.


T or F the inspection must be announced

False - The inspections may be announced or unannounced except that one unannounced inspection shall be conducted at least every fifteen


Other than the Director who & when should inspect the RCF?

The state fire marshal or a township, municipal, or other legally constituted fire department approved by the fire marshal shall also inspect a
residential care facility prior to issuance of a license, at least once every fifteen
months thereafter, and at any other time requested by the director.


Does the RCF need to be inspected (by the director and/or the Fire Marshall) if ownership of the facility is assigned or transferred to a different person?

A residential care facility does not have to be inspected prior to issuance of a license by the
director, state fire marshal, or a fire department if ownership of the facility is assigned or transferred to a different person and the facility was licensed under Chapter 3721. of the Revised Code as a residential care facility immediately prior
to the assignment or transfer.


During an investigation or inspection
An operator, administrator, staff member or any other person shall not: (2)

1) Refuse to permit the director for the purpose of inspecting or investigating the operation of a residential care facility, to enter and inspect at any time a building or premise where a residential care facility is located, or to enter and inspect records, including resident medical records, which are kept
concerning the operation of the residential care facility for information pertinent to the legitimate interest of the department.. 2) Use profane or abusive language directed at or in the presence of residents or the director.


During the investigation the director MAY NOT (5)

(1) Refrain from using language or behavior that is derogatory, insulting, intimidating, or threatening;
(2) Not harass or coerce residents or otherwise attempt to influence residents' responses to inquiries;
(3) Not make remarks or comparison, positive or negative, about another residential care facility or other residents;
(4) Not solicit, accept, or agree to accept from the residential care facility or a resident of the facility compensation, gratuities, gifts, or any other thing of
value that is of such character as to manifest a substantial and improper influence upon the director or the director's designee with respect to their duties;
(5) Obtain the resident's consent prior to conducting an evaluation of a resident
unless a court has issued a search warrant or other order authorizing such an evaluation.


When requesting the resident's consent to evaluate the resident, the director or the director's designee shall explain that: (4)

(a) The resident has the option to consent or not to consent to the evaluation;
(b) The resident will not be evaluated without the resident's consent;
(c) The resident may have another individual of the resident's choice present during the evaluation. If a resident requests that another individual be present during the evaluation and that individual is not
available, the resident has not consented to the evaluation; and
(d) The resident will not suffer any adverse consequences if the resident
refuses to consent.