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Ohio Revised Code

Ohio Rev. Code § 2903.33 (2026)

Patient abuse and neglect in care facilities definitions

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Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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As used in sections 2903.33 to 2903.36 of the Revised Code:

(A) "Care facility" means any of the following:

(1) Any "home" as defined in section 3721.10 of the Revised Code;

(2) Any "residential facility" as defined in section 5123.19 of the Revised Code;

(3) Any institution or facility operated or provided by the department of mental health and addiction services or by the department of developmental disabilities pursuant to sections 5119.14 and 5123.03 of the Revised Code;

(4) Any "residential facility" as defined in section 5119.34 of the Revised Code;

(5) Any unit of any hospital, as defined in section 3701.01 of the Revised Code, that provides the same services as a nursing home, as defined in section 3721.01 of the Revised Code;

(6) Any institution, residence, or facility that provides, for a period of more than twenty-four hours, whether for a consideration or not, accommodations to one individual or two unrelated individuals who are dependent upon the services of others.

(B) "Abuse" means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint, medication, or isolation on the person.

(C)(1) "Gross neglect" means knowingly failing to provide a person with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person when the failure results in physical harm or serious physical harm to the person.

(2) "Neglect" means recklessly failing to provide a person with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person when the failure results in serious physical harm to the person.

(D) "Inappropriate use of a physical or chemical restraint, medication, or isolation" means the use of physical or chemical restraint, medication, or isolation as punishment, for staff convenience, excessively, as a substitute for treatment, or in quantities that preclude habilitation and treatment.

Last updated October 20, 2025 at 2:02 PM

Notes of Decisions
Cited in 14 cases (7 in the last 5 years), 1991–2026 · leading case: Heigel v. MetroHealth Sys., 2024-Ohio-1471, 241 N.E.3d 380.
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Heigel v. MetroHealth Sys., 2024-Ohio-1471, 241 N.E.3d 380. · cites it 4× “Ohio Revised Code Heigel also relies upon the following Ohio Revised Code sections: R.C. 2903.33, 2913.02, 3727.02 (and Chapter 3727 et seq.”
State v. Ridley, 2022-Ohio-2561. “” R.C. 2903.33(B) states that abuse means “knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person * * *.”
State v. Simmons, 2011-Ohio-2068. “{¶ 78} “Abuse” is defined in R.C. 2903.33(B): {¶ 79} “‘Abuse’ means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint, medication, or…”
State v. Webb, 2025-Ohio-456. “” R.C. 2903.33(B). Webb argues that the evidence at trial demonstrates that the only knowing and purposeful act he engaged in was to protect his coworker from harm and that the evidence fails to support the requisite mens rea requirement of the statute.”
State v. Briscoe, 617 N.E.2d 747 (Ohio Ct. App. 8th Dist. 1992). “]” R.C. 2903.33(B)(2) defines the term “abuse” as follows: *574 “(2) ‘Abuse’ means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by inappropriate use of a physical or chemical restraint, medication,…”
State v. Cox, 2014-Ohio-2201, 12 N.E.3d 466. · cites it 2× ““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 section 2903.33 of the Revised Code. {¶ 29} Cox does not argue that the exception set forth in the second sentence of R.”
State v. Caraballo, 2012-Ohio-5725. · cites it 2× “” In R.C. 2903.33(B), “abuse” is defined as “knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person * * * .”
State v. Hustead, 615 N.E.2d 1081 (Ohio Ct. App. 4th Dist. 1992). “” Under R.C. 2903.33(B)(2), “abuse” means knowingly causing physical harm by physical contact.”
State v. Evans, 2014-Ohio-2081. “" Pursuant to R.C. 2903.33(B), "abuse" means "knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person.”
State v. Curry, 601 N.E.2d 176 (Ohio Ct. App. 8th Dist. 1991). · cites it 2× “]” *180 “Abuse” is in turn defined in R.C. 2903.33(B) as follows: “(2) ‘Abuse’ means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint,…”
State v. Hahaj, 2025-Ohio-52, 260 N.E.3d 1150. “” See R.C. 2903.33(C)(1) (defining “gross neglect” as used in R.”
State v. Goins, 2022-Ohio-985, 187 N.E.3d 42. “” R.C. 2903.33(C)(2). Reckless-mental culpability is defined under R.”
Show all 14 citing cases →
Ohio Rev. Code § 2903.33(A): 1 case
State ex rel. Woznak v. Cuyahoga Cty. Prosecutor's Off., 2026-Ohio-2191.
Ohio Rev. Code § 2903.33(A)(1): 1 case
Heigel v. MetroHealth Sys., 2024-Ohio-1471, 241 N.E.3d 380. “Ohio Revised Code Heigel also relies upon the following Ohio Revised Code sections: R.C. 2903.33, 2913.02, 3727.02 (and Chapter 3727 et seq.”
Ohio Rev. Code § 2903.33(B): 8 cases
State v. Ridley, 2022-Ohio-2561. “” R.C. 2903.33(B) states that abuse means “knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person * * *.”
State v. Simmons, 2011-Ohio-2068. “{¶ 78} “Abuse” is defined in R.C. 2903.33(B): {¶ 79} “‘Abuse’ means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint, medication, or…”
State v. Webb, 2025-Ohio-456. “” R.C. 2903.33(B). Webb argues that the evidence at trial demonstrates that the only knowing and purposeful act he engaged in was to protect his coworker from harm and that the evidence fails to support the requisite mens rea requirement of the statute.”
State v. Caraballo, 2012-Ohio-5725. “” In R.C. 2903.33(B), “abuse” is defined as “knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person * * * .”
Heigel v. MetroHealth Sys., 2024-Ohio-1471, 241 N.E.3d 380. “Ohio Revised Code Heigel also relies upon the following Ohio Revised Code sections: R.C. 2903.33, 2913.02, 3727.02 (and Chapter 3727 et seq.”
Ohio Rev. Code § 2903.33(B)(2): 3 cases
State v. Briscoe, 617 N.E.2d 747 (Ohio Ct. App. 8th Dist. 1992). “]” R.C. 2903.33(B)(2) defines the term “abuse” as follows: *574 “(2) ‘Abuse’ means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by inappropriate use of a physical or chemical restraint, medication,…”
State v. Hustead, 615 N.E.2d 1081 (Ohio Ct. App. 4th Dist. 1992). “” Under R.C. 2903.33(B)(2), “abuse” means knowingly causing physical harm by physical contact.”
State v. Curry, 601 N.E.2d 176 (Ohio Ct. App. 8th Dist. 1991). “]” *180 “Abuse” is in turn defined in R.C. 2903.33(B) as follows: “(2) ‘Abuse’ means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint,…”
Ohio Rev. Code § 2903.33(C)(1): 2 cases
State v. Hahaj, 2025-Ohio-52, 260 N.E.3d 1150. “” See R.C. 2903.33(C)(1) (defining “gross neglect” as used in R.”
State ex rel. Woznak v. Cuyahoga Cty. Prosecutor's Off., 2026-Ohio-2191.
Ohio Rev. Code § 2903.33(C)(2): 1 case
State v. Goins, 2022-Ohio-985, 187 N.E.3d 42. “” R.C. 2903.33(C)(2). Reckless-mental culpability is defined under R.”
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