(a) As used in this section:
(1) “Gross abuse” means knowingly causing serious physical harm to a person by physical contact with the person or by the knowing inappropriate use of a physical or chemical restraint, medication or isolation of the person.
(2) “Abuse” means recklessly causing serious physical harm to a person by physical contact with the person or by the reckless inappropriate use of a physical or chemical restraint, medication or isolation of the person.
(3) “Gross neglect” means knowingly failing to provide a person with any treatment, care, goods, or services that are necessary to maintain the health or safety of the person when such failure results in serious physical harm to the person.
(4) “Neglect” means recklessly failing to provide a person with any treatment, care, goods or services that are necessary to maintain the health or safety of the person when such failure results in serious physical harm to the person.
(5) “Inappropriate use of a physical or chemical restraint” means the use of a physical restraint, chemical restraint, medication or isolation as punishment for convenience, as a substitute for treatment, or in quantities which preclude habilitation and treatment.
(6) “Physical restraint” means, but is not limited to, the use of any article, device or garment that interferes with freedom of movement and that is unable to be removed easily, or a locked door.
(7) “Chemical restraint” means any drug listed in the schedules of controlled substances under the Ohio Revised Code as a substance having a depressant effect or that alters the central nervous system to the extent that it limits physical or cognitive functioning to the degree that the person cannot attain the highest practicable physical, mental and psychosocial well-being.
(8) “Exploitation” means the unlawful or improper utilization of the resources of another for personal or monetary benefit, profit or gain.
(9) “Functionally impaired person” means any person who has a physical or mental impairment that prevents him from providing for his care or protection or whose infirmities caused by aging prevent him from providing for his own care or protection.
(b) No person who administers to or provides for the care of any other person who is functionally impaired, whether by contract, or through the receipt of payment or other consideration for the care and protection of such person, or as a result of family relationship, or by order of a court of competent jurisdiction, or on a voluntary basis, shall do any of the following:
(1) Commit gross abuse against such person.
(2) Commit abuse against such person.
(3) Commit gross neglect against such person.
(4) Commit neglect against such person.
(5) Commit exploitation against such person.
(c) Whoever violates subsection (b)(1), (3) or (5) hereof is guilty of a misdemeanor of the first degree. Whoever violates subsection (b)(2) or (4) hereof is guilty of a misdemeanor of the second degree. If the offender previously has been convicted of, or pleaded to, any violation of this section, a violation of subsection (b)(2) or (4) hereof, is a misdemeanor of the first degree.
(d) The provisions of this section shall not apply to gross abuse, abuse, gross neglect, neglect or exploitation committed against a person a resident of a care facility, as defined in Ohio R.C. 2903.33. (Ord. 91-85. Passed 10-21-91.)