636.23 FAILING TO PROVIDE FOR A PERSON WITH A FUNCTIONAL IMPAIRMENT.
   (a)   No caretaker shall knowingly fail to provide a person with a functional impairment under the caretaker’s care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in physical harm or serious physical harm to the person with a functional impairment.
   (b)   No caretaker shall recklessly fail to provide a person with a functional impairment under the caretaker’s care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person with a functional impairment when this failure results in serious physical harm to the person with a functional impairment.
   (c)   (1)   Whoever violates division (a) of this section is guilty of knowingly failing to provide for a person with a functional impairment, a misdemeanor of the first degree. If the person with a functional impairment under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (a) of this section is a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (b) of this section is guilty of recklessly failing to provide for a person with a functional impairment, a misdemeanor of the second degree. If the person with a functional impairment under the offender’s care suffers serious physical harm as a result of the violation of this section, a violation of division (b) of this section is a felony to be prosecuted under appropriate state law.
(ORC 2903.16)