(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.
(R.C. § 2903.16)
(d) As used in this section:
(1) “Caretaker” means a person who assumes the duty to provide for the care and protection of a functionally impaired person on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. “Caretaker” does not include a person who owns, operates, or administers, or who is an agent or employee of, a care facility, as defined in Ohio R.C. 2903.33.
(2) “Functionally impaired person” means any person who has a physical or mental impairment that prevents the person from providing for his or her own care or protection or whose infirmities caused by aging prevent the person from providing for his or her own care or protection.
(ORC 2903.10; Ord. 66-97. Passed 3-18-97.)