Ohio Rev. Code » Chapter 3721
Ohio Revised Code

Ohio Rev. Code § 3721.10 (2026)

Residents' rights definitions

✓ current as of May 2026
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Effective:
April 6, 2017
Latest Legislation:
House Bill 290 - 131st General Assembly
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As used in sections 3721.10 to 3721.18 of the Revised Code:

(A) "Home" means all of the following:

(1) A home as defined in section 3721.01 of the Revised Code;

(2) Any facility or part of a facility not defined as a home under section 3721.01 of the Revised Code that is a skilled nursing facility or nursing facility, both as defined in section 5165.01 of the Revised Code;

(3) A county home or district home operated pursuant to Chapter 5155. of the Revised Code.

(B) "Resident" means a resident or a patient of a home.

(C) "Administrator" means all of the following:

(1) With respect to a home as defined in section 3721.01 of the Revised Code, a nursing home administrator as defined in section 4751.01 of the Revised Code;

(2) With respect to a facility or part of a facility not defined as a home in section 3721.01 of the Revised Code that is authorized to provide skilled nursing facility or nursing facility services, the administrator of the facility or part of a facility;

(3) With respect to a county home or district home, the superintendent or administrator appointed or selected under Chapter 5155. of the Revised Code.

(D) "Sponsor" means an adult relative, friend, or guardian of a resident who has an interest or responsibility in the resident's welfare.

(E) "Residents' rights advocate" means:

(1) An employee or representative of any state or local government entity that has a responsibility regarding residents and that has registered with the department of health under division (B) of section 3701.07 of the Revised Code;

(2) An employee or representative of any private nonprofit corporation or association that qualifies for tax-exempt status under section 501(a) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered with the department of health under division (B) of section 3701.07 of the Revised Code and whose purposes include educating and counseling residents, assisting residents in resolving problems and complaints concerning their care and treatment, and assisting them in securing adequate services to meet their needs;

(3) A member of the general assembly.

(F) "Physical restraint" means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, a geriatric chair, or a locked room door.

(G) "Chemical restraint" means any medication bearing the American hospital formulary service therapeutic class 4:00, 28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the central nervous system in a manner that limits physical and cognitive functioning to the degree that the resident cannot attain the resident's highest practicable physical, mental, and psychosocial well-being.

(H) "Ancillary service" means, but is not limited to, podiatry, dental, hearing, vision, physical therapy, occupational therapy, speech therapy, and psychological and social services.

(I) "Facility" means a facility, or part of a facility, certified as a nursing facility or skilled nursing facility, both as defined in section 5165.01 of the Revised Code. "Facility" does not include an intermediate care facility for individuals with intellectual disabilities, as defined in section 5124.01 of the Revised Code.
Notes of Decisions
Cited in 32 cases (7 in the last 5 years), 1983–2026 · leading case: Cramer v. Auglaize Acres.
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Cramer v. Auglaize Acres (Ohio 2007). · cites it 15× “17(I)(1) 2 specifically abrogates governmental immunity and grants a cause of action to residents of unlicensed county nursing homes against a political subdivision for violations of R.C. 3721.10 through 3721.17, the Ohio Nursing Home Patients’ Bill of Rights.”
Hayes v. Oakridge Home (Ohio 2009). · cites it 6× “The General Assembly has enunciated a public policy in favor of special protection of nursing-home residents through its passage of the Ohio Nursing Home Patients’ Bill of Rights, R.C. 3721.10 et seq. “[W]here there is a strong public policy against a particular practice, a…”
O'Toole v. Denihan (Ohio 2008). · cites it 3× “{¶ 66} With respect to the nurses sued in Cramer, however, we noted that the legislature did not define “person” for purposes of the Patients’ Bill of Rights, R.C. 3721.10 through 3721.17. Id. at ¶ 32.”
Hulsmeyer v. Hospice of Sw. Ohio, Inc. (Slip Opinion) (Ohio 2014). · cites it 4× “The General Assembly has also “enunciated a public policy in favor of special protection of nursing-home residents through its passage of the Ohio Nursing Home Patients’ Bill of Rights, R.C. 3721.10 et seq.” Hayes v. Oakridge Home, 122 Ohio St.”
Rothstein v. Montefiore Home (Ohio Ct. App. 1996). · cites it 7× “Rothstein, individually and as executor of the estate of Benjamin Rothstein, filed an action against appellee, the Montefiore Home (“the Home”), alleging claims of invasion of privacy of both the estate and Betty Rothstein and violation of the Ohio Patient’s Bill of Rights, R.C.…”
Dolan v. St. Mary's Mem'l Home (Ohio Ct. App. 2003). · cites it 2× “{¶ 10} Dolan contends that a clear public policy is embodied in R.C. 3721.10 through R.C. 3721.17, commonly known as the nursing home patients’ bill of rights.”
Belinky v. Drake Ctr., Inc. (Ohio Ct. App. 1996). · cites it 4× “R.C. 3721.10 through 3721.17 provide specific rights to nursing home patients and residents, such as the right to certain living conditions and the right to adequate medical treatment.”
Welch v. Brown's Nursing Home (Ohio Ct. App. 1984). · cites it 4× “Plaintiff contends that her termination was in breach of her employment contract and in retaliation for her reporting alleged violations of R.C. 3721.10 to 3721.17 to the Ohio Commission on Aging.”
Disciplinary Couns. v. Smith. (Ohio 2017). “But he argued that his clients had requested and approved generic billing narratives to avoid revealing confidential information that might later be used to support an award of punitive damages against them under the Ohio Nursing Home Patients' Bill of Rights, codified at R.C.…”
Sliwinski v. St. Edwards (Ohio Ct. App. 2014). · cites it 2× “8 {¶23} Any person who believes that a resident of a nursing home has had his or her rights, as enumerated in R.C. 3721.10 to 3721.17, violated may file a report with the department of health.”
Washington Cnty. Home v. Ohio Dep't of Health (Ohio Ct. App. 2008). “R.C. 3721.10 through 3721.17 provide specific rights to nursing home patients and residents, such as the right to certain living conditions and the right to adequate medical treatment.”
Gray v. Jefferson Geriatric & Rehab. Ctr. (Ohio Ct. App. 1991). · cites it 3× “* * * ” Moreover, R.C. 3721.10(F) defines “physical restraint” as follows: “(F) ‘Physical restraint’ means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that he is unable to remove easily, a geriatric chair, or…”
Show all 32 citing cases →
— Ohio Rev. Code § 3721.10(A) — 3 cases
Cramer v. Auglaize Acres (Ohio 2007). “17(I)(1) 2 specifically abrogates governmental immunity and grants a cause of action to residents of unlicensed county nursing homes against a political subdivision for violations of R.C. 3721.10 through 3721.17, the Ohio Nursing Home Patients’ Bill of Rights.”
Wick v. Lorain Manor, Inc. (Ohio Ct. App. 2014).
Peskin v. Seasons Health Care Lp (Ohio Ct. App. 2001).
— Ohio Rev. Code § 3721.10(A)(1) — 1 case
Peskin v. Seasons Health Care Lp (Ohio Ct. App. 2001).
— Ohio Rev. Code § 3721.10(A)(3) — 2 cases
O'Toole v. Denihan (Ohio 2008). “{¶ 66} With respect to the nurses sued in Cramer, however, we noted that the legislature did not define “person” for purposes of the Patients’ Bill of Rights, R.C. 3721.10 through 3721.17. Id. at ¶ 32.”
Cramer v. Auglaize Acres (Ohio 2007). “17(I)(1) 2 specifically abrogates governmental immunity and grants a cause of action to residents of unlicensed county nursing homes against a political subdivision for violations of R.C. 3721.10 through 3721.17, the Ohio Nursing Home Patients’ Bill of Rights.”
— Ohio Rev. Code § 3721.10(B) — 1 case
Rothstein v. Montefiore Home (Ohio Ct. App. 1996). “Rothstein, individually and as executor of the estate of Benjamin Rothstein, filed an action against appellee, the Montefiore Home (“the Home”), alleging claims of invasion of privacy of both the estate and Betty Rothstein and violation of the Ohio Patient’s Bill of Rights, R.C.…”
— Ohio Rev. Code § 3721.10(C) — 1 case
Peskin v. Seasons Health Care Lp (Ohio Ct. App. 2001).
— Ohio Rev. Code § 3721.10(D) — 4 cases
Hulsmeyer v. Hospice of Sw. Ohio, Inc. (Slip Opinion) (Ohio 2014). “The General Assembly has also “enunciated a public policy in favor of special protection of nursing-home residents through its passage of the Ohio Nursing Home Patients’ Bill of Rights, R.C. 3721.10 et seq.” Hayes v. Oakridge Home, 122 Ohio St.”
Belinky v. Drake Ctr., Inc. (Ohio Ct. App. 1996). “R.C. 3721.10 through 3721.17 provide specific rights to nursing home patients and residents, such as the right to certain living conditions and the right to adequate medical treatment.”
McFarren v. Emeritus at Canton (Ohio Ct. App. 2013).
Richards v. Broadview Heights Harborside Healthcare (Ohio Ct. App. 2002).
— Ohio Rev. Code § 3721.10(F) — 1 case
Gray v. Jefferson Geriatric & Rehab. Ctr. (Ohio Ct. App. 1991). “* * * ” Moreover, R.C. 3721.10(F) defines “physical restraint” as follows: “(F) ‘Physical restraint’ means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that he is unable to remove easily, a geriatric chair, or…”
— Ohio Rev. Code § 3721.10(H) — 1 case
Mraz v. Taft (Ohio Ct. App. 1993).
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