(a) No caretaker shall knowingly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health of safety of the functionally impaired person when this failure results in physical harm or serious physical harm to the functionally impaired person.
(b) No caretaker shall recklessly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health of safety of the functionally impaired person when this failure results in serious physical harm to the functionally impaired person.
(c) (1) Whoever violates division (a) of this section is guilty of knowingly failing to provide for a functionally impaired person, a misdemeanor of the first degree. If the functionally impaired person 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 functionally impaired person, a misdemeanor of the second degree. If the functionally impaired person 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)