As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 243   5            

      1997-1998                                                    6            


    REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-HAINES-SCHURING-      8            

    TAYLOR-TERWILLEGER-TIBERI-OLMAN-WACHTMANN-VESPER-SAWYER-       9            

      GARCIA-LEWIS-AMSTUTZ-O'BRIEN-HOUSEHOLDER-REID-HARRIS         10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 3702.51, 3727.01, and 4751.05 and   14           

                to enact section 3702.40 of the Revised Code to    15           

                establish standards for using electronic           16           

                signatures and computer-generated signature codes  17           

                in records of health care facilities and to        19           

                extend existing exemptions from hospital and       20           

                nursing home regulations that apply to  Christian  21           

                Science sanitoriums to other institutions that     22           

                meet similar  criteria.                            23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 3702.51, 3727.01, and 4751.05 be   27           

amended and section 3702.40 of the Revised Code be enacted to      29           

read as follows:                                                                

      Sec. 3702.40.  (A)  AS USED IN THIS SECTION:                 31           

      (1)  "ELECTRONIC RECORD" MEANS A RECORD COMMUNICATED,        34           

RECEIVED, OR STORED BY ELECTRONIC, MAGNETIC, OPTICAL, OR SIMILAR   35           

MEANS FOR STORAGE IN AN INFORMATION SYSTEM OR TRANSMISSION FROM    36           

ONE INFORMATION SYSTEM TO ANOTHER.  "ELECTRONIC RECORD" INCLUDES   37           

ELECTRONIC DATA INTERCHANGE, ELECTRONIC MAIL, FACSIMILE, AND                    

TELEX.                                                             38           

      (2)  "ELECTRONIC SIGNATURE" MEANS ANY LETTERS, CHARACTERS,   40           

NUMBERS, OR SYMBOLS ATTACHED TO OR ASSOCIATED WITH AN ELECTRONIC   41           

RECORD AND EXECUTED OR ADOPTED BY AN INDIVIDUAL TO AUTHENTICATE    42           

AN ELECTRONIC RECORD.                                                           

                                                          2      

                                                                 
      (3)  "HEALTH CARE FACILITY" MEANS ANY OF THE FOLLOWING:      45           

      (a)  A HOSPITAL, AS DEFINED IN SECTION 3727.01 OF THE        48           

REVISED CODE;                                                                   

      (b)  AN AMBULATORY SURGICAL FACILITY, AS DEFINED IN SECTION  50           

3702.30 OF THE REVISED CODE;                                       53           

      (c)  A FREESTANDING BIRTHING CENTER;                         55           

      (d)  A FREESTANDING CARDIAC CATHETERIZATION FACILITY;        57           

      (e)  A FREESTANDING OR MOBILE DIAGNOSTIC IMAGING CENTER;     59           

      (f)  A FREESTANDING DIALYSIS CENTER;                         61           

      (g)  A FREESTANDING EMERGENCY FACILITY;                      63           

      (h)  AN URGENT CARE CENTER;                                  65           

      (i)  A FREESTANDING EXTRACORPOREAL SHOCKWAVE LITHOTRIPSY     67           

CENTER;                                                            68           

      (j)  A FREESTANDING RADIATION THERAPY CENTER;                70           

      (k)  A HOME HEALTH AGENCY;                                   72           

      (l)  A HOSPICE CARE PROGRAM, AS DEFINED IN SECTION 3712.01   74           

OF THE REVISED CODE;                                               75           

      (m)  A NURSING HOME, RESIDENTIAL CARE FACILITY, OR HOME FOR  77           

THE AGING, ALL AS DEFINED IN SECTION 3721.01 OF THE REVISED CODE;  80           

      (n)  AN ADULT CARE FACILITY, AS DEFINED IN SECTION 3722.01   82           

OF THE REVISED CODE;                                               83           

      (o)  A NURSING FACILITY OR INTERMEDIATE CARE FACILITY FOR    85           

THE MENTALLY RETARDED, BOTH AS DEFINED IN SECTION 5111.20 OF THE   87           

REVISED CODE;                                                      88           

      (p)  A FACILITY OR PORTION OF A FACILITY CERTIFIED AS A      90           

SKILLED NURSING FACILITY UNDER TITLE XVIII OF THE "SOCIAL          93           

SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED;   95           

      (q)  A STATE INSTITUTION FOR THE CARE AND TREATMENT OF       97           

MENTALLY ILL PERSONS, OPERATED BY THE DEPARTMENT OF MENTAL HEALTH  98           

PURSUANT TO SECTION 5119.02 OF THE REVISED CODE;                   99           

      (r)  A COMMUNITY MENTAL HEALTH FACILITY, AS DEFINED IN       101          

SECTION 5119.01 OF THE REVISED CODE;                               103          

      (s)  A RESIDENTIAL FACILITY, AS DEFINED IN SECTION 5119.22   105          

OF THE REVISED CODE;                                               106          

                                                          3      

                                                                 
      (t)  A COMMUNITY-BASED CLINIC, AS DEFINED IN SECTION         108          

5111.17 OF THE REVISED CODE;                                       109          

      (u)  AN OUTPATIENT HEALTH FACILITY, AS DEFINED IN SECTION    111          

5111.04 OF THE REVISED CODE;                                       112          

      (v)  AN ALCOHOL AND DRUG ADDICTION PROGRAM, AS DEFINED IN    115          

SECTION 3793.01 OF THE REVISED CODE;                                            

      (w)  THE PRIVATE OFFICE OF ANY HEALTH CARE PROFESSIONAL,     117          

INCLUDING:                                                         118          

      (i)  PHYSICIANS AUTHORIZED UNDER CHAPTER 4731. OF THE        122          

REVISED CODE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC       123          

MEDICINE AND SURGERY;                                                           

      (ii)  REGISTERED NURSES AND LICENSED PRACTICAL NURSES        125          

LICENSED UNDER CHAPTER 4723. OF THE REVISED CODE;                  128          

      (iii)  PHYSICIAN ASSISTANTS AUTHORIZED TO PRACTICE UNDER     131          

CHAPTER 4730. OF THE REVISED CODE;                                 133          

      (iv)  DENTISTS AND DENTAL HYGIENISTS LICENSED UNDER CHAPTER  136          

4715. OF THE REVISED CODE;                                         138          

      (v)  PHYSICAL THERAPISTS LICENSED UNDER CHAPTER 4755. OF     141          

THE REVISED CODE;                                                  143          

      (vi)  CHIROPRACTORS LICENSED UNDER CHAPTER 4734. OF THE      147          

REVISED CODE;                                                      148          

      (vii)  OPTOMETRISTS LICENSED UNDER CHAPTER 4725. OF THE      152          

REVISED CODE;                                                      153          

      (viii)  PODIATRISTS AUTHORIZED UNDER CHAPTER 4731. OF THE    157          

REVISED CODE TO PRACTICE PODIATRY;                                 158          

      (ix)  DIETITIANS LICENSED UNDER CHAPTER 4759. OF THE         162          

REVISED CODE;                                                      163          

      (x)  PHARMACISTS REGISTERED UNDER CHAPTER 4729. OF THE       167          

REVISED CODE.                                                      168          

      (x) THE PRIVATE OFFICE OF A PSYCHOLOGIST LICENSED UNDER      171          

CHAPTER 4372. OF THE REVISED CODE OR A COUNSELOR OR SOCIAL WORKER  172          

LICENSED UNDER CHAPTER 4757. OF THE REVISED CODE;                  173          

      (y)  ANY OTHER HEALTH CARE FACILITY RECOGNIZED BY THE        175          

PUBLIC HEALTH COUNCIL BY RULE ADOPTED UNDER CHAPTER 119. OF THE    177          

                                                          4      

                                                                 
REVISED CODE.                                                      178          

      (4)  "HEALTH CARE RECORD" MEANS ANY DOCUMENT OR COMBINATION  181          

OF DOCUMENTS PERTAINING TO A PATIENT'S MEDICAL HISTORY,                         

DIAGNOSIS, PROGNOSIS, OR MEDICAL CONDITION THAT IS GENERATED AND   182          

MAINTAINED IN THE PROCESS OF THE PATIENT'S TREATMENT AT A HEALTH   183          

CARE FACILITY.                                                                  

      (B)  ALL WRITTEN NOTES, ORDERS, AND OBSERVATIONS ENTERED     185          

INTO A HEALTH CARE RECORD AT A HEALTH CARE FACILITY, INCLUDING     186          

ANY INTERPRETIVE REPORTS OF DIAGNOSTIC TESTS OR SPECIFIC           188          

TREATMENTS, SUCH AS RADIOLOGIC OR ELECTROCARDIOGRAPHIC REPORTS,    189          

OPERATIVE REPORTS, REPORTS OF PATHOLOGIC EXAMINATION OF TISSUE,    190          

AND SIMILAR REPORTS, SHALL BE AUTHENTICATED BY THE INDIVIDUAL WHO  191          

MADE OR AUTHORIZED THE ENTRY.  HEALTH CARE RECORD ENTRIES MAY BE   192          

AUTHENTICATED BY HANDWRITTEN SIGNATURES OR HANDWRITTEN INITIALS.   193          

THEY ALSO MAY BE AUTHENTICATED BY ELECTRONIC SIGNATURES OR         194          

COMPUTER-GENERATED SIGNATURE CODES IF ALL OF THE FOLLOWING APPLY:               

      (1)  THE HEALTH CARE FACILITY ADOPTS A POLICY THAT PERMITS   197          

THE USE OF ELECTRONIC SIGNATURES OR COMPUTER-GENERATED SIGNATURE   198          

CODES;                                                                          

      (2)  THE FACILITY'S ELECTRONIC SIGNATURE OR                  201          

COMPUTER-GENERATED SIGNATURE CODE SYSTEM UTILIZES A TWO-LEVEL OR                

BIOMETRIC ACCESS MECHANISM THAT ASSIGNS A UNIQUE IDENTIFIER TO     202          

EACH USER;                                                                      

      (3)  THE FACILITY TAKES STEPS TO SAFEGUARD AGAINST USE OF A  205          

UNIQUE IDENTIFIER BY ANY INDIVIDUAL OTHER THAN THE ONE TO WHOM IT  206          

IS ASSIGNED;                                                                    

      (4)  THE SYSTEM INCLUDES A PROCESS TO VERIFY THAT THE        209          

INDIVIDUAL AFFIXING THE ELECTRONIC SIGNATURE OR                                 

COMPUTER-GENERATED SIGNATURE CODE HAS REVIEWED THE CONTENTS OF     210          

THE ENTRY AND DETERMINED THAT THEY ARE WHAT THAT INDIVIDUAL        211          

INTENDED;                                                                       

      (5)  THE POLICY ADOPTED BY THE FACILITY PURSUANT TO          214          

DIVISION (B)(1) OF THIS SECTION PRESCRIBES ALL OF THE FOLLOWING:   215          

      (a)  A PROCEDURE BY WHICH EACH USER OF THE SYSTEM MUST       217          

                                                          5      

                                                                 
CERTIFY IN WRITING THAT THE USER WILL KEEP THE USER'S UNIQUE       219          

IDENTIFIER STRICTLY CONFIDENTIAL;                                  220          

      (b)  PENALTIES FOR MISUSING THE SYSTEM OR A UNIQUE           223          

IDENTIFIER ALLOWING ACCESS TO IT;                                               

      (c)  TRAINING THAT THE FACILITY MUST PROVIDE TO ALL USERS    225          

OF THE SYSTEM AND THAT INCLUDES AN EXPLANATION OF THE APPROPRIATE  227          

USE OF THE SYSTEM AND THE CONSEQUENCES FOR NONCOMPLIANCE WITH THE  229          

FACILITY'S CONFIDENTIALITY AND SECURITY POLICIES.                               

      THE USE OF AN ELECTRONIC SIGNATURE OR COMPUTER-GENERATED     231          

SIGNATURE CODE IN ACCORDANCE WITH THIS SECTION SHALL BE            232          

CONSIDERED FOR ALL LEGAL PURPOSES TO BE THE SAME AS A HANDWRITTEN  233          

SIGNATURE OR HANDWRITTEN INITIALS.                                              

      (C)  THE PUBLIC HEALTH COUNCIL SHALL ESTABLISH AND ADOPT     235          

PROTOCOLS FOR THE USE OF ELECTRONIC SIGNATURE AND                  237          

COMPUTER-GENERATED SIGNATURE CODE SYSTEMS.  THE COUNCIL SHALL      238          

CERTIFY A HEALTH CARE FACILITY'S ELECTRONIC SIGNATURE OR           239          

COMPUTER-GENERATED SIGNATURE CODE SYSTEM IF IT COMPLIES WITH THE                

PROTOCOL ADOPTED BY THE COUNCIL OR BY THE JOINT COMMISSION ON      240          

HEALTH CARE ORGANIZATIONS.                                         241          

      (D)  AN ELECTRONIC SIGNATURE GENERATED BY AN ELECTRONIC      243          

SIGNATURE OR COMPUTER-GENERATED SIGNATURE CODE SYSTEM CERTIFIED    244          

BY THE COUNCIL SHALL BE PRESUMED TO BE THE SIGNATURE OF THE        245          

INDIVIDUAL TO WHOM IT IS ASSIGNED AND TO BE AFFIXED TO             247          

AUTHENTICATE THE DOCUMENT.                                                      

      Sec. 3702.51.  As used in sections 3702.51 to 3702.62 of     256          

the Revised Code:                                                  257          

      (A)  "Applicant" means any person that submits an            259          

application for a certificate of need and who is designated in     260          

the application as the applicant.                                  261          

      (B)  "Person" means any individual, corporation, business    263          

trust, estate, firm, partnership, association, joint stock         264          

company, insurance company, government unit, or other entity.      265          

      (C)  "Certificate of need" means a written approval granted  267          

by the director of health to an applicant to authorize conducting  268          

                                                          6      

                                                                 
a reviewable activity.                                             269          

      (D)  "Health service area" means a geographic region         271          

designated by the director of health under section 3702.58 of the  272          

Revised Code.                                                      273          

      (E)  "Health service" means a clinically related service,    275          

such as a diagnostic, treatment, rehabilitative, or preventive     276          

service.                                                           277          

      (F)  "Health service agency" means an agency designated to   279          

serve a health service area in accordance with section 3702.58 of  280          

the Revised Code.                                                  281          

      (G)  "Health care facility" means:                           283          

      (1)  A hospital registered under section 3701.07 of the      285          

Revised Code;                                                      286          

      (2)  A nursing home licensed under section 3721.02 of the    288          

Revised Code, or by a political subdivision certified under        289          

section 3721.09 of the Revised Code;                               290          

      (3)  A county home or a county nursing home as defined in    292          

section 5155.31 of the Revised Code that is certified under Title  293          

XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935),    294          

42 U.S.C.A. 301, as amended;                                       295          

      (4)  A freestanding dialysis center;                         297          

      (5)  A freestanding inpatient rehabilitation facility;       299          

      (6)  An ambulatory surgical facility;                        301          

      (7)  A freestanding cardiac catheterization facility;        303          

      (8)  A freestanding birthing center;                         305          

      (9)  A freestanding or mobile diagnostic imaging center;     307          

      (10)  A freestanding radiation therapy center.               309          

      A health care facility does not include the offices of       311          

private physicians and dentists whether for individual or group    312          

practice, Christian Science sanitoriums operated or listed and     313          

certified by the First Church of Christ, Scientist, Boston,        314          

Massachusetts, residential facilities licensed under section       315          

5123.19 of the Revised Code, or habilitation centers certified by  316          

the director of mental retardation and developmental disabilities  317          

                                                          7      

                                                                 
under section 5123.041 of the Revised Code, OR AN INSTITUTION FOR  318          

THE SICK THAT IS OPERATED EXCLUSIVELY FOR PATIENTS WHO USE         319          

SPIRITUAL MEANS FOR HEALING AND FOR WHOM THE ACCEPTANCE OF         320          

MEDICAL CARE IS INCONSISTENT WITH THEIR RELIGIOUS BELIEFS,         321          

ACCREDITED BY A NATIONAL ACCREDITING ORGANIZATION, EXEMPT FROM     322          

FEDERAL INCOME TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE  323          

CODE OF 1986, 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, AND       325          

PROVIDING TWENTY-FOUR HOUR NURSING CARE PURSUANT TO THE EXEMPTION               

IN DIVISION (G) OF SECTION 4723.32 OF THE REVISED CODE FROM THE    326          

LICENSING REQUIREMENTS OF CHAPTER 4723. OF THE REVISED CODE.       327          

      (H)  "Medical equipment" means a single unit of medical      329          

equipment or a single system of components with related functions  330          

that is used to provide health services.                           331          

      (I)  "Third-party payer" means a medical care corporation    333          

or health care corporation licensed under Chapter 1737. or 1738.   334          

of the Revised Code, a health maintenance organization, an         335          

insurance company that issues sickness and accident insurance in   336          

conformity with Chapter 3923. of the Revised Code, a               337          

state-financed health insurance program under Chapter 3701.,       338          

4123., or 5111. of the Revised Code, or any self-insurance plan.   339          

      (J)  "Government unit" means the state and any county,       341          

municipal corporation, township, or other political subdivision    342          

of the state, or any department, division, board, or other agency  343          

of the state or a political subdivision.                           344          

      (K)  "Health maintenance organization" means a public or     346          

private organization organized under the law of any state that is  347          

qualified under section 1310(d) of Title XIII of the "Public       348          

Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e--9 or     349          

that does all of the following:                                    350          

      (1)  Provides or otherwise makes available to enrolled       352          

participants health care services including at least the           353          

following basic health care services:  usual physician services,   354          

hospitalization, laboratory, x-ray, emergency and preventive       355          

services, and out-of-area coverage;                                356          

                                                          8      

                                                                 
      (2)  Is compensated, except for copayments, for the          358          

provision of basic health care services listed in division (K)(1)  359          

of this section to enrolled participants by a payment that is      360          

paid on a periodic basis without regard to the date the health     361          

care services are provided and that is fixed without regard to     362          

the frequency, extent, or kind of health service actually          363          

provided;                                                          364          

      (3)  Provides physician services primarily either:           366          

      (a)  Directly through physicians who are either employees    368          

or partners of the organization;                                   369          

      (b)  Through arrangements with individual physicians or one  371          

or more groups of physicians organized on a group practice or      372          

individual practice basis.                                         373          

      (L)  "Existing health care facility" means a health care     375          

facility that is licensed or otherwise approved to practice in     376          

this state, in accordance with applicable law, is staffed and      377          

equipped to provide health care services, and actively provides    378          

health services or has not been actively providing health          379          

services for less than twelve consecutive months.                  380          

      (M)  "State" means the state of Ohio, including, but not     382          

limited to, the general assembly, the supreme court, the offices   383          

of all elected state officers, and all departments, boards,        384          

offices, commissions, agencies, institutions, and other            385          

instrumentalities of the state of Ohio.  "State" does not include  386          

political subdivisions.                                            387          

      (N)  "Political subdivision" means a municipal corporation,  389          

township, county, school district, and all other bodies corporate  390          

and politic responsible for governmental activities only in        391          

geographic areas smaller than that of the state to which the       392          

sovereign immunity of the state attaches.                          393          

      (O)  "Affected person" means:                                395          

      (1)  An applicant for a certificate of need, including an    397          

applicant whose application was reviewed comparatively with the    398          

application in question;                                           399          

                                                          9      

                                                                 
      (2)  The person that requested the reviewability ruling in   401          

question;                                                                       

      (3)  Any person that resides or regularly uses health care   403          

facilities within the geographic area served or to be served by    404          

the health care services that would be provided under the          405          

certificate of need or reviewability ruling in question;           406          

      (4)  Any health care facility that is located in the health  408          

service area where the health care services would be provided      409          

under the certificate of need or reviewability ruling in           410          

question;                                                                       

      (5)  Third-party payers that reimburse health care           412          

facilities for services in the health service area where the       413          

health care services would be provided under the certificate of    414          

need or reviewability ruling in question;                          415          

      (6)  Any other person who testified at a public hearing      417          

held under division (B) of section 3702.52 of the Revised Code or  418          

submitted written comments in the course of review of the          419          

certificate of need application in question.                       420          

      (P)  "Osteopathic hospital" means a hospital registered      422          

under section 3701.07 of the Revised Code that advocates           423          

osteopathic principles and the practice and perpetuation of        424          

osteopathic medicine by doing any of the following:                425          

      (1)  Maintaining a department or service of osteopathic      427          

medicine or a committee on the utilization of osteopathic          428          

principles and methods, under the supervision of an osteopathic    429          

physician;                                                         430          

      (2)  Maintaining an active medical staff, the majority of    432          

which is comprised of osteopathic physicians;                      433          

      (3)  Maintaining a medical staff executive committee that    435          

has osteopathic physicians as a majority of its members.           436          

      (Q)  "Ambulatory surgical facility" has the same meaning as  438          

in section 3702.30 of the Revised Code.                            439          

      (R)  Except as otherwise provided in division (T) of this    441          

section, and until the termination date specified in section       442          

                                                          10     

                                                                 
3702.511 of the Revised Code, "reviewable activity" means any of   443          

the following:                                                                  

      (1)  The addition by any person of any of the following      446          

health services, regardless of the amount of operating costs or    447          

capital expenditures:                                              448          

      (a)  A heart, heart-lung, lung, liver, kidney, bowel,        450          

pancreas, or bone marrow transplantation service, a stem cell      451          

harvesting and reinfusion service, or a service for                452          

transplantation of any other organ unless transplantation of the   453          

organ is designated by public health council rule not to be a      454          

reviewable activity;                                               455          

      (b)  A cardiac catheterization service;                      457          

      (c)  An open-heart surgery service;                          459          

      (d)  Any new, experimental medical technology that is        462          

designated by rule of the public health council.                                

      (2)  The acceptance of high-risk patients, as defined in     464          

rules adopted under section 3702.57 of the Revised Code, by any    465          

cardiac catheterization service that was initiated without a       466          

certificate of need pursuant to division (R)(3)(b) of the version  468          

of this section in effect immediately prior to April 20, 1995;     470          

      (3)(a)  The establishment, development, or construction of   472          

a new health care facility other than a new long-term care         473          

facility or a new hospital;                                        474          

      (b)  The establishment, development, or construction of a    476          

new hospital or the relocation of an existing hospital;            477          

      (c)  The relocation of hospital beds, other than long-term   479          

care, perinatal, or pediatric intensive care beds, into or out of  480          

a rural area.                                                      481          

      (4)(a)  The replacement of an existing hospital;             483          

      (b)  The replacement of an existing hospital obstetric or    485          

newborn care unit or freestanding birthing center.                 487          

      (5)(a)  The renovation of a hospital that involves a         491          

capital expenditure, obligated on or after the effective date of                

this amendment, of five million dollars or more, not including     493          

                                                          11     

                                                                 
expenditures for equipment, staffing, or operational costs.  For                

purposes of division (R)(5)(a) of this section, a capital          495          

expenditure is obligated:                                                       

      (i)  When a contract enforceable under Ohio law is entered   497          

into for the construction, acquisition, lease, or financing of a   498          

capital asset;                                                     499          

      (ii)  When the governing body of a hospital takes formal     501          

action to commit its own funds for a construction project          502          

undertaken by the hospital as its own contractor;                  503          

      (iii)  In the case of donated property, on the date the      505          

gift is completed under applicable Ohio law.                       506          

      (b)  The renovation of a hospital obstetric or newborn care  508          

unit or freestanding birthing center that involves a capital       510          

expenditure of five million dollars or more, not including         511          

expenditures for equipment, staffing, or operational costs.        512          

      (6)  Any change in the health care services, bed capacity,   514          

or site, or any other failure to conduct the reviewable activity   515          

in substantial accordance with the approved application for which  516          

a certificate of need was granted, if the change is made prior to  517          

the date the activity for which the certificate was issued ceases  518          

to be a reviewable activity;                                       519          

      (7)  Any of the following changes in perinatal bed capacity  521          

or pediatric intensive care bed capacity:                          522          

      (a)  An increase in bed capacity;                            524          

      (b)  A change in service or service-level designation of     527          

newborn care beds or obstetric beds in a hospital or freestanding  528          

birthing center, other than a change of service that is provided                

within the service-level designation of newborn care or obstetric  529          

beds as registered by the department of health;                    530          

      (c)  A relocation of perinatal or pediatric intensive care   533          

beds from one physical facility or site to another, excluding the  534          

relocation of beds within a hospital or freestanding birthing      535          

center or the relocation of beds among buildings of a hospital or  537          

freestanding birthing center at the same site.                     538          

                                                          12     

                                                                 
      (8)  The expenditure of more than one hundred ten per cent   540          

of the maximum expenditure specified in a certificate of need;     541          

      (9)  Any transfer of a certificate of need issued prior to   543          

April 20, 1995, from the person to whom it was issued to another   545          

person before the project that constitutes a reviewable activity   546          

is completed, any agreement that contemplates the transfer of a    547          

certificate of need issued prior to that date upon completion of   549          

the project, and any transfer of the controlling interest in an    550          

entity that holds a certificate of need issued prior to that                    

date.  However, the transfer of a certificate of need issued       551          

prior to that date or agreement to transfer such a certificate of  553          

need from the person to whom the certificate of need was issued    554          

to an affiliated or related person does not constitute a           555          

reviewable transfer of a certificate of need for the purposes of   556          

this division, unless the transfer results in a change in the      557          

person that holds the ultimate controlling interest in the         558          

certificate of need.                                                            

      (10)(a)  The acquisition by any person of any of the         560          

following medical equipment, regardless of the amount of           562          

operating costs or capital expenditure:                                         

      (i)  A cobalt radiation therapy unit;                        564          

      (ii)  A linear accelerator;                                  566          

      (iii)  A gamma knife unit.                                   568          

      (b)  The acquisition by any person of medical equipment      570          

with a cost of two million dollars or more.  The cost of           571          

acquiring medical equipment includes the sum of the following:     572          

      (i)  The greater of its fair market value or the cost of     574          

its lease or purchase;                                             575          

      (ii)  The cost of installation and any other activities      577          

essential to the acquisition of the equipment and its placement    578          

into service.                                                                   

      (11)  The addition of another cardiac catheterization        581          

laboratory to an existing cardiac catheterization service.         582          

      (S)  Except as provided in division (T) of this section,     585          

                                                          13     

                                                                 
"reviewable activity" also means any of the following activities,  587          

none of which are subject to a termination date:                                

      (1)  The establishment, development, or construction of a    589          

new long-term care facility;                                       590          

      (2)  The replacement of an existing long-term care           592          

facility;                                                          593          

      (3)  The renovation of a long-term care facility that        595          

involves a capital expenditure of two million dollars or more,     596          

not including expenditures for equipment, staffing, or             597          

operational costs;                                                 598          

      (4)  Any of the following changes in long-term care bed      600          

capacity:                                                          601          

      (a)  An increase in bed capacity;                            603          

      (b)  A relocation of beds from one physical facility or      606          

site to another, excluding the relocation of beds within a         607          

long-term care facility or among buildings of a long-term care     608          

facility at the same site;                                                      

      (c)  A recategorization of hospital beds registered under    611          

section 3701.07 of the Revised Code from another registration      613          

category to skilled nursing beds or long-term care beds.           614          

      (5)  Any change in the health services, bed capacity, or     616          

site, or any other failure to conduct the reviewable activity in   617          

substantial accordance with the approved application for which a   618          

certificate of need concerning long-term care beds was granted,    619          

if the change is made within five years after the implementation   620          

of the reviewable activity for which the certificate was granted;  622          

      (6)  The expenditure of more than one hundred ten per cent   624          

of the maximum expenditure specified in a certificate of need      625          

concerning long-term care beds;                                    626          

      (7)  Any transfer of a certificate of need that concerns     628          

long-term care beds and was issued prior to April 20, 1995, from   630          

the person to whom it was issued to another person before the      631          

project that constitutes a reviewable activity is completed, any   632          

agreement that contemplates the transfer of such a certificate of  633          

                                                          14     

                                                                 
need upon completion of the project, and any transfer of the       634          

controlling interest in an entity that holds such a certificate    635          

of need.  However, the transfer of a certificate of need that      636          

concerns long-term care beds and was issued prior to April 20,     638          

1995, or agreement to transfer such a certificate of need from     639          

the person to whom the certificate was issued to an affiliated or  640          

related person does not constitute a reviewable transfer of a      641          

certificate of need for purposes of this division, unless the      642          

transfer results in a change in the person that holds the          643          

ultimate controlling interest in the certificate of need.          644          

      (T)  "Reviewable activity" does not include any of the       646          

following activities:                                              647          

      (1)  Acquisition of computer hardware or software;           649          

      (2)  Acquisition of a telephone system;                      651          

      (3)  Construction or acquisition of parking facilities;      653          

      (4)  Correction of cited deficiencies that are in violation  655          

of federal, state, or local fire, building, or safety laws and     656          

rules and that constitute an imminent threat to public health or   657          

safety;                                                            658          

      (5)  Acquisition of an existing health care facility that    660          

does not involve a change in the number of the beds, by service,   661          

or in the number or type of health services;                       662          

      (6)  Correction of cited deficiencies identified by          664          

accreditation surveys of the joint commission on accreditation of  665          

healthcare organizations or of the American osteopathic            666          

association;                                                       667          

      (7)  Acquisition of medical equipment to replace the same    669          

or similar equipment for which a certificate of need has been      670          

issued if the replaced equipment is removed from service;          671          

      (8)  Mergers, consolidations, or other corporate             673          

reorganizations of health care facilities that do not involve a    674          

change in the number of beds, by service, or in the number or      675          

type of health services;                                           676          

      (9)  Construction, repair, or renovation of bathroom         678          

                                                          15     

                                                                 
facilities;                                                        679          

      (10)  Construction of laundry facilities, waste disposal     681          

facilities, dietary department projects, heating and air           682          

conditioning projects, administrative offices, and portions of     683          

medical office buildings used exclusively for physician services;  684          

      (11)  Acquisition of medical equipment to conduct research   686          

required by the United States food and drug administration or      687          

clinical trials sponsored by the national institute of health.     688          

Use of medical equipment that was acquired without a certificate   689          

of need under division (T)(11) of this section and for which       691          

premarket approval has been granted by the United States food and  692          

drug administration to provide services for which patients or      693          

reimbursement entities will be charged shall be a reviewable       694          

activity.                                                          695          

      (12)  Removal of asbestos from a health care facility.       697          

      Only that portion of a project that meets the requirements   699          

of division (T) of this section is not a reviewable activity.      701          

      (U)  "Small rural hospital" means a hospital that is         703          

located within a rural area, has fewer than one hundred beds, and  705          

to which fewer than four thousand persons were admitted during     706          

the most recent calendar year.                                                  

      (V)  "Children's hospital" means any of the following:       708          

      (1)  A hospital registered under section 3701.07 of the      710          

Revised Code that provides general pediatric medical and surgical  711          

care, and in which at least seventy-five per cent of annual        712          

inpatient discharges for the preceding two calendar years were     713          

individuals less than eighteen years of age;                       714          

      (2)  A distinct portion of a hospital registered under       716          

section 3701.07 of the Revised Code that provides general          717          

pediatric medical and surgical care, has a total of at least one   718          

hundred fifty registered pediatric special care and pediatric      719          

acute care beds, and in which at least seventy-five per cent of    720          

annual inpatient discharges for the preceding two calendar years   721          

were individuals less than eighteen years of age;                  722          

                                                          16     

                                                                 
      (3)  A distinct portion of a hospital, if the hospital is    724          

registered under section 3701.07 of the Revised Code as a          725          

children's hospital and the children's hospital meets all the      726          

requirements of division (V)(1) of this section.                   727          

      (W)  "Long-term care facility" means any of the following:   729          

      (1)  A nursing home licensed under section 3721.02 of the    731          

Revised Code or by a political subdivision certified under         732          

section 3721.09 of the Revised Code;                               733          

      (2)  The portion of any facility, including a county home    735          

or county nursing home, that is certified as a skilled nursing     736          

facility or a nursing facility under Title XVIII or XIX of the     737          

"Social Security Act";                                                          

      (3)  The portion of any hospital that contains beds          739          

registered under section 3701.07 of the Revised Code as skilled    740          

nursing beds or long-term care beds.                               741          

      (X)  "Long-term care bed" means a bed in a long-term care    743          

facility.                                                                       

      (Y)  "Perinatal bed" means a bed in a hospital that is       745          

registered under section 3701.07 of the Revised Code as a newborn  746          

care bed or obstetric bed, or a bed in a freestanding birthing     747          

center.                                                                         

      (Z)  "Freestanding birthing center" means any facility in    749          

which deliveries routinely occur, regardless of whether the        751          

facility is located on the campus of another health care                        

facility, and which is not licensed under Chapter 3711. of the     753          

Revised Code as a level one, two, or three maternity unit or a     755          

limited maternity unit.                                                         

      (AA)(1)  "Reviewability ruling" means a ruling issued by     757          

the director of health under division (A) of section 3702.52 of    758          

the Revised Code as to whether a particular proposed project is    759          

or is not a reviewable activity.                                   760          

      (2)  "Nonreviewability ruling" means a ruling issued under   762          

that division that a particular proposed project is not a          763          

reviewable activity.                                               764          

                                                          17     

                                                                 
      (BB)(1)  "Metropolitan statistical area" means an area of    767          

this state designated a metropolitan statistical area or primary   768          

metropolitan statistical area in United States office of           770          

management and budget bulletin No. 93-17, June 30, 1993, and its   772          

attachments.                                                       773          

      (2)  "Rural area" means any area of this state not located   775          

within a metropolitan statistical area.                            776          

      Sec. 3727.01.  As used in this section, "health maintenance  785          

organization" means a public or private organization organized     786          

under the law of any state that is qualified under section         787          

1310(d) of Title XIII of the "Public Health Service Act," 87       788          

Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the        789          

following:                                                         790          

      (A)  Provides or otherwise makes available to enrolled       792          

participants health care services including at least the           793          

following basic health care services:  usual physician services,   794          

hospitalization, laboratory, x-ray, emergency and preventive       795          

service, and out-of-area coverage;                                 796          

      (B)  Is compensated, except for copayments, for the          798          

provision of basic health care services to enrolled participants   799          

by a payment that is paid on a periodic basis without regard to    800          

the date the health care services are provided and that is fixed   801          

without regard to the frequency, extent, or kind of health         802          

service actually provided;                                         803          

      (C)  Provides physician services primarily in either of the  805          

following ways:                                                    806          

      (1)  Directly through physicians who are either employees    808          

or partners of the organization;                                   809          

      (2)  Through arrangements with individual physicians or one  811          

or more groups of physicians organized on a group practice or      812          

individual practice basis.                                         813          

      As used in this chapter, "hospital" means an institution     815          

classified as a hospital under section 3701.07 of the Revised      816          

Code in which are provided to inpatients diagnostic, medical,      817          

                                                          18     

                                                                 
surgical, obstetrical, psychiatric, or rehabilitation care for a   818          

continuous period longer than twenty-four hours; a tuberculosis    819          

hospital; or a hospital operated by a health maintenance           820          

organization.  "Hospital" does not include a facility licensed     821          

under Chapter 3721. of the Revised Code, a health care facility    822          

operated by the department of mental health or the department of   823          

mental retardation and developmental disabilities, a health        824          

maintenance organization that does not operate a hospital, the     825          

office of any private licensed health care professional, whether   826          

organized for individual or group practice, a Christian Science    827          

sanatorium operated or listed and certified by the First Church    828          

of Christ, Scientist, Boston, Massachusetts, or a clinic that      829          

provides ambulatory patient services and where patients are not    830          

regularly admitted as inpatients.  NOR DOES "HOSPITAL" INCLUDE AN  831          

INSTITUTION FOR THE SICK THAT IS OPERATED EXCLUSIVELY FOR          833          

PATIENTS WHO USE SPIRITUAL MEANS FOR HEALING AND FOR WHOM THE      834          

ACCEPTANCE OF MEDICAL CARE IS INCONSISTENT WITH THEIR RELIGIOUS    835          

BELIEFS, ACCREDITED BY A NATIONAL ACCREDITING ORGANIZATION,                     

EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501 OF THE       836          

INTERNAL REVENUE CODE OF 1986, 100 STAT. 2085, 26 U.S.C.A. 1, AS   838          

AMENDED, AND PROVIDING TWENTY-FOUR HOUR NURSING CARE PURSUANT TO   839          

THE EXEMPTION IN DIVISION (G) OF SECTION 4723.32 OF THE REVISED    840          

CODE FROM THE LICENSING REQUIREMENTS OF CHAPTER 4723. OF THE       841          

REVISED CODE.                                                                   

      Sec. 4751.05.  (A)  The board of examiners of nursing home   850          

administrators shall admit to examination for licensure as a       851          

nursing home administrator any candidate who:                      852          

      (1)  Pays the application fee of fifty dollars;              854          

      (2)  Submits evidence of good moral character and            856          

suitability;                                                       857          

      (3)  Is at least eighteen years of age;                      859          

      (4)  Has completed educational requirements and work         861          

experience satisfactory to the board;                              862          

      (5)  Submits an application on forms prescribed by the       864          

                                                          19     

                                                                 
board;                                                             865          

      (6)  Pays the examination fee of one hundred fifty dollars.  867          

      (B)  Nothing in Chapter 4751. of the Revised Code or the     869          

rules adopted thereunder shall be construed to require an          870          

applicant for licensure or a temporary license, who is certified   871          

EMPLOYED by a recognized church or religious denomination which    872          

teaches reliance on spiritual means alone for healing and has      873          

been approved to administer institutions certified by such church  874          

or denomination AN INSTITUTION for the care and treatment of the   875          

sick in accordance with its teachings, to demonstrate proficiency  877          

in any medical techniques or to meet any medical educational       878          

qualifications or medical standards not in accord with the         879          

remedial care and treatment provided in such institutions BY THE   880          

INSTITUTION IF THE INSTITUTION IS ALL OF THE FOLLOWING:            881          

      (1)  OPERATED EXCLUSIVELY FOR PATIENTS WHO USE SPIRITUAL     883          

MEANS FOR HEALING AND FOR WHOM THE ACCEPTANCE OF MEDICAL CARE IS   884          

INCONSISTENT WITH THEIR RELIGIOUS BELIEFS;                         885          

      (2)  ACCREDITED BY A NATIONAL ACCREDITING ORGANIZATION;      887          

      (3)  EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501   889          

OF THE INTERNAL REVENUE CODE OF 1986, 100 STAT. 2085, 26 U.S.C.A.  891          

1, AS AMENDED;                                                     892          

      (4)  PROVIDING TWENTY-FOUR HOUR NURSING CARE PURSUANT TO     894          

THE EXEMPTION IN DIVISION (G) OF SECTION 4723.32 OF THE REVISED    895          

CODE FROM THE LICENSING REQUIREMENTS OF CHAPTER 4723. OF THE       896          

REVISED CODE.                                                                   

      (B)(C)  If a person fails three times to attain a passing    898          

grade on the examination, said person, before he THE PERSON may    899          

again be admitted to examination, shall meet such additional       900          

education or experience requirements, or both, as may be           901          

prescribed by the board.                                           902          

      Section 2.  That existing sections 3702.51, 3727.01, and     904          

4751.05 of the Revised Code are hereby repealed.                   905