|
|
| To amend sections 4745.01, 4761.02, and 4761.03 and | 1 |
| to enact sections 4752.01 to 4752.09 and 4752.99 | 2 |
| of the Revised Code to require licensure of home | 3 |
| medical equipment services providers by the Ohio | 4 |
| Respiratory Care Board. | 5 |
| Section 1. That sections 4745.01, 4761.02, and 4761.03 be | 6 |
| amended and sections 4752.01, 4752.02, 4752.03, 4752.04, 4752.05, | 7 |
| 4752.06, 4752.07, 4752.08, 4752.09, and 4752.99 of the Revised | 8 |
| Code be enacted to read as follows: | 9 |
| Sec. 4745.01. (A) "Standard renewal procedure," as used in | 10 |
| Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., | 11 |
| 927., 942., 943., 953., 1321., 3710., 3713., 3719., 3731., 3742., | 12 |
| 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169., | 13 |
| 4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., | 14 |
| 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., | 15 |
| 4747., 4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., | 16 |
| 4766., 4773., and 4775. of the Revised Code, means the license | 17 |
| renewal procedures specified in this chapter. | 18 |
| (B) "Licensing agency," as used in this chapter, means any | 19 |
| department, division, board, section of a board, or other state | 20 |
| governmental unit subject to the standard renewal procedure, as | 21 |
| defined in this section, and authorized by the Revised Code to | 22 |
| issue a license to engage in a specific profession, occupation, or | 23 |
| occupational activity, or to have charge of and operate certain | 24 |
| specified equipment, machinery, or premises. | 25 |
| (C) "License," as used in this chapter, means a license, | 26 |
| certificate, permit, card, or other authority issued or conferred | 27 |
| by a licensing agency by authority of which the licensee has or | 28 |
| claims the privilege to engage in the profession, occupation, or | 29 |
| occupational activity, or to have control of and operate certain | 30 |
| specific equipment, machinery, or premises, over which the | 31 |
| licensing agency has jurisdiction. | 32 |
| (D) "Licensee," as used in this chapter, means either the | 33 |
| person to whom the license is issued or renewed by a licensing | 34 |
| agency, or the person, partnership, or corporation at whose | 35 |
| request the license is issued or renewed. | 36 |
| (E) "Renewal" and "renewed," as used in this chapter and in | 37 |
| the chapters of the Revised Code specified in division (A) of this | 38 |
| section, includes the continuing licensing procedure provided in | 39 |
| Chapter 3748. of the Revised Code and rules adopted under it and | 40 |
| in sections 1321.05 and 3921.33 of the Revised Code, and as | 41 |
| applied to those continuing licenses any reference in this chapter | 42 |
| to the date of expiration of any license shall be construed to | 43 |
| mean the due date of the annual or other fee for the continuing | 44 |
| license. | 45 |
| Sec. 4752.01. As used in this chapter: | 46 |
| (A) "Authorized health care professional" means a person | 47 |
| authorized under Chapter 4731. of the Revised Code to practice | 48 |
| medicine and surgery or osteopathic medicine and surgery or | 49 |
| otherwise authorized under Ohio law to prescribe the use of home | 50 |
| medical equipment by a patient. | 51 |
| (B) "Home medical equipment" means equipment that can stand | 52 |
| repeated use, is primarily and customarily used to serve a medical | 53 |
| purpose, is not useful to a person in the absence of illness or | 54 |
| injury, and is appropriate for use in the home. "Home medical | 55 |
| equipment" includes all of the following: | 56 |
| (1) Life-sustaining equipment prescribed by an authorized | 57 |
| health care professional that mechanically sustains, restores, or | 58 |
| supplants a vital bodily function, such as breathing; | 59 |
| (2) Technologically sophisticated medical equipment | 60 |
| prescribed by an authorized health care professional that requires | 61 |
| individualized adjustment or regular maintenance by a home medical | 62 |
| equipment services provider to maintain a patient's health care | 63 |
| condition or the effectiveness of the equipment; | 64 |
| (3) Any item specified by the Ohio respiratory care board in | 65 |
| rules adopted under division (C) of section 4752.06 of the Revised | 66 |
| Code. | 67 |
| (C) "Home medical equipment services" means the sale, | 68 |
| delivery, installation, maintenance, replacement, or demonstration | 69 |
| of home medical equipment. | 70 |
| (D) "Home medical equipment services provider" means a person | 71 |
| engaged in offering to the public home medical equipment services | 72 |
| by qualified personnel authorized by the board in rule to provide | 73 |
| services. | 74 |
| (E) "Hospital" has the same meaning as in section 3727.01 of | 75 |
| the Revised Code. | 76 |
| (F) "Sell or rent" means to transfer ownership or the right | 77 |
| to use property, whether in person or through an agent, employee, | 78 |
| or other person, in return for compensation. | 79 |
| Sec. 4752.02. (A) Except as provided in division (B) of this | 80 |
| section, no person shall provide home medical equipment or | 81 |
| services or claim to the public to be a home medical equipment | 82 |
| services provider unless the person holds a valid license issued | 83 |
| under this chapter. | 84 |
| (B) Division (A) of this section does not apply to any of the | 85 |
| following: | 86 |
| (1) A health care practitioner, as defined in section 4769.01 | 87 |
| of the Revised Code, who does not sell or rent home medical | 88 |
| equipment; | 89 |
| (2) A hospital that provides home medical equipment services | 90 |
| only as an integral part of patient care and does not provide the | 91 |
| services through a separate entity that has its own medicare or | 92 |
| medicaid provider number; | 93 |
| (3) A manufacturer or wholesale distributor of home medical | 94 |
| equipment that does not sell directly to the public; | 95 |
| (4) A hospice care program, as defined by section 3712.01 of | 96 |
| the Revised Code, that does not sell or rent home medical | 97 |
| equipment; | 98 |
| (5) A home, as defined by section 3721.01 of the Revised | 99 |
| Code; | 100 |
| (6) A home health agency that is certified under Title XVIII | 101 |
| of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, | 102 |
| as a provider of home health services and does not sell or rent | 103 |
| home medical equipment; | 104 |
| (7) An individual who holds a current, valid license issued | 105 |
| under Chapter 4741. of the Revised Code to practice veterinary | 106 |
| medicine; | 107 |
| (8) An individual who holds a current, valid license issued | 108 |
| under Chapter 4779. of the Revised Code to practice orthotics, | 109 |
| prosthetics, or pedorthics; | 110 |
| (9) A pharmacy licensed under Chapter 4729. of the Revised | 111 |
| Code that either does not sell or rent home medical equipment or | 112 |
| receives total payments of less than ten thousand dollars per year | 113 |
| from selling or renting home medical equipment; | 114 |
| (10) A home dialysis equipment provider regulated by federal | 115 |
| law. | 116 |
| Sec. 4752.03. A person seeking a license to provide home | 117 |
| medical equipment services shall apply to the Ohio respiratory | 118 |
| care board on a form the board shall prescribe and provide. The | 119 |
| application must be accompanied by the license application fee | 120 |
| established in rules adopted under section 4752.06 of the Revised | 121 |
| Code and specify the location of the facility from which services | 122 |
| will be provided. | 123 |
| Sec. 4752.04. (A) The Ohio respiratory care board or the | 124 |
| executive director of the Ohio respiratory care board shall issue | 125 |
| a license to provide home medical equipment services to each | 126 |
| applicant that meets one of the following requirements: | 127 |
| (1) Meets the standards established by the board in rules | 128 |
| adopted under section 4752.06 of the Revised Code; | 129 |
| (2) Is a hospital that provides home medical equipment | 130 |
| services through a separate entity that has its own medicare or | 131 |
| medicaid provider number; | 132 |
| (3) Is a pharmacy licensed under Chapter 4729. of the Revised | 133 |
| Code that receives total payments of ten thousand dollars or more | 134 |
| per year from selling or renting home medical equipment; | 135 |
| (4) Is an entity accredited by the joint commission on | 136 |
| accreditation of healthcare organizations; | 137 |
| (5) Is accredited based on home health care standards by an | 138 |
| accrediting body recognized by the board in rules adopted under | 139 |
| section 4752.06 of the Revised Code and provides documentation of | 140 |
| its accreditation to the board. | 141 |
| (B) During the period ending one year after the effective | 142 |
| date of this section, an applicant that does not meet any of the | 143 |
| requirements of division (A) of this section shall be granted a | 144 |
| provisional license if for at least twelve months prior to the | 145 |
| effective date of this section the applicant was engaged in the | 146 |
| business of providing home medical equipment services. The | 147 |
| provisional license expires one year following the date on which | 148 |
| it is issued and is not subject to renewal under section 4752.05 | 149 |
| of the Revised Code. | 150 |
| (C) The board or the board's executive director may conduct a | 151 |
| personal interview of an applicant, or an applicant's | 152 |
| representative, to determine the applicant's qualifications for | 153 |
| licensure. | 154 |
| (D) A license issued under division (A) of this section is | 155 |
| valid from the day it is issued until the thirtieth day of June | 156 |
| that immediately follows the date of issue. Thereafter a license | 157 |
| is valid only if it is renewed in accordance with section 4752.05 | 158 |
| of the Revised Code biennially on or before the thirtieth day of | 159 |
| June. | 160 |
| (E) Any license issued under this section is valid only for | 161 |
| the facility named in the application. A person that intends to | 162 |
| provide home medical equipment services from more than one | 163 |
| facility must obtain a separate license for each facility. | 164 |
| Sec. 4752.05. Except for a provisional license issued under | 165 |
| section 4752.04 of the Revised Code, a license issued under this | 166 |
| chapter shall be renewed by the Ohio respiratory care board if the | 167 |
| license holder is in compliance with the applicable requirements | 168 |
| of this chapter. | 169 |
| An application for license renewal shall be accompanied by | 170 |
| the renewal fee established in rules adopted under section 4752.06 | 171 |
| of the Revised Code and documentation satisfactory to the board | 172 |
| that the continuing education requirements of section 4752.07 of | 173 |
| the Revised Code have been met. Renewals shall be made in | 174 |
| accordance with the standard renewal procedure established under | 175 |
| Chapter 4745. of the Revised Code. | 176 |
| Sec. 4752.06. (A) The Ohio respiratory care board shall adopt | 177 |
| rules to implement and administer this chapter. The rules shall | 178 |
| establish all of the following: | 179 |
| (1) Standards an applicant must meet to be eligible to be | 180 |
| granted a license under section 4752.04 of the Revised Code; | 181 |
| (2) Standards for personnel policies, equipment storage, | 182 |
| equipment maintenance, and record keeping; | 183 |
| (3) Standards for continuing education programs in home | 184 |
| medical equipment services for individuals who provide home | 185 |
| medical equipment services while employed by or under the control | 186 |
| of a home medical equipment services provider; | 187 |
| (4) Standards and procedures for inspection of home medical | 188 |
| equipment providers and facilities from which home medical | 189 |
| equipment services are provided and for appeal of inspection | 190 |
| results; | 191 |
| (5) Fees for initial license, license, license renewal, and | 192 |
| inspections; | 193 |
| (6) Authority for the executive director of the board to | 194 |
| issue licenses under section 4752.04 of the Revised Code in | 195 |
| accordance with standards adopted by the board; | 196 |
| (7) Any other standards, requirements, or procedures the | 197 |
| board considers necessary for the implementation or administration | 198 |
| of this chapter. | 199 |
| (B) The board shall adopt rules that specify the following: | 200 |
| (1) The accrediting bodies it recognizes for the purposes of | 201 |
| division (A)(5) of section 4752.04 of the Revised Code; | 202 |
| (2) Items considered home medical equipment for purposes of | 203 |
| divisions (B)(1) and (2) of section 4752.01 of the Revised Code. | 204 |
| (C) The board may adopt rules specifying additional items | 205 |
| that are considered home medical equipment for purposes of | 206 |
| division (B) of section 4752.01 of the Revised Code. | 207 |
| (D) Rules shall be adopted under this chapter in accordance | 208 |
| with Chapter 119. of the Revised Code. Prior to adopting any rule, | 209 |
| the board shall consult with representatives of any association of | 210 |
| home medical equipment services providers that do business in this | 211 |
| state. | 212 |
| Sec. 4752.07. The holder of a license issued under this | 213 |
| chapter shall do all of the following: | 214 |
| (A) Maintain a physical facility and a medical equipment | 215 |
| inventory; | 216 |
| (B) Establish equipment management and personnel policies; | 217 |
| (C) Provide life-sustaining home medical equipment, as | 218 |
| described in division (B)(1) of section 4752.01 of the Revised | 219 |
| Code, and related home medical equipment services twenty-four | 220 |
| hours per day, seven days per week; | 221 |
| (D) Require persons in its employ or under its control who | 222 |
| provide home medical equipment services to successfully complete | 223 |
| continuing education programs in home medical equipment services | 224 |
| that meet the standards established by rule adopted under section | 225 |
| 4752.06 of the Revised Code and maintain records on participation | 226 |
| in those programs; | 227 |
| (E) Maintain records on all individuals to whom it provides | 228 |
| home medical equipment and services; | 229 |
| (F) Maintain liability insurance, including coverage for | 230 |
| professional and products liability; | 231 |
| (G) Comply with all other requirements established by rule | 232 |
| adopted under section 4752.06 of the Revised Code. | 233 |
| Sec. 4752.08. (A) The Ohio respiratory care board may inspect | 234 |
| the operations and facility, subpoena the records, and compel | 235 |
| testimony of employees of any home medical equipment services | 236 |
| provider. Inspections shall be conducted as provided in rules | 237 |
| adopted by the board under section 4752.06 of the Revised Code. | 238 |
| (B) The board shall employ investigators who shall, under the | 239 |
| direction of the executive director of the board, investigate | 240 |
| complaints and conduct inspections. Pursuant to an investigation | 241 |
| or inspection, investigators may review and audit records during | 242 |
| normal business hours at the place of business of the person being | 243 |
| investigated. The board and its employees shall not disclose | 244 |
| confidential information obtained during an investigation, except | 245 |
| pursuant to a court order. | 246 |
| (C) The board shall send the provider a report of the results | 247 |
| of an inspection. If the board determines that the provider is not | 248 |
| in compliance with any requirement of this chapter, the board may | 249 |
| direct the provider to attain compliance. Failure of the provider | 250 |
| to comply with the directive is grounds for action by the board | 251 |
| under division (A)(1) of section 4752.09 of the Revised Code. | 252 |
| (D) A provider that disputes the results of an inspection may | 253 |
| file an appeal with the board not later than ninety days after | 254 |
| receiving the report. The board shall review the inspection report | 255 |
| and, at the request of the provider, conduct a new inspection. | 256 |
| Sec. 4752.09. (A) The Ohio respiratory care board may, in | 257 |
| accordance with Chapter 119. of the Revised Code, suspend or | 258 |
| revoke a license issued under this chapter or discipline a license | 259 |
| holder by imposing a fine of not more than five thousand dollars | 260 |
| or taking other disciplinary action on any of the following | 261 |
| grounds: | 262 |
| (1) Violation of any provision of this chapter or an order or | 263 |
| rule of the board or failure to meet the standards established | 264 |
| under division (A) of section 4752.06 of the Revised Code; | 265 |
| (2) A plea of guilty to or a judicial finding of guilt of a | 266 |
| felony or a misdemeanor that involves dishonesty or is directly | 267 |
| related to the provision of medical equipment; | 268 |
| (3) Making a material misstatement in furnishing information | 269 |
| to the board; | 270 |
| (4) Professional incompetence; | 271 |
| (5) Being guilty of negligence or gross misconduct in | 272 |
| providing home medical equipment and services; | 273 |
| (6) Aiding, assisting, or willfully permitting another person | 274 |
| to violate any provision of this chapter or an order or rule of | 275 |
| the board; | 276 |
| (7) Failing, within sixty days, to provide information in | 277 |
| response to a written request by the board; | 278 |
| (8) Engaging in conduct likely to deceive, defraud, or harm | 279 |
| the public; | 280 |
| (9) Denial, revocation, suspension, or restriction of a | 281 |
| license to provide home medical equipment services, for any reason | 282 |
| other than failure to renew, in another state or jurisdiction; | 283 |
| (10) Directly or indirectly giving to or receiving from any | 284 |
| person a fee, commission, rebate, or other form of compensation | 285 |
| for services not rendered; | 286 |
| (11) Knowingly making or filing false records, reports, or | 287 |
| billings in the course of providing home medical equipment and | 288 |
| services, including false records, reports, or billings prepared | 289 |
| for or submitted to state and federal agencies or departments; | 290 |
| (12) Failing to comply with federal rules issued pursuant to | 291 |
| the medicare program established under Title XVIII of the "Social | 292 |
| Security Act," 49 Stat. 620(1935), 42 U.S.C. 1395, as amended, | 293 |
| relating to operations, financial transactions, and general | 294 |
| business practices of home medical services providers. | 295 |
| (B) The respiratory care board immediately may suspend a | 296 |
| license without a hearing if it determines that there is evidence | 297 |
| that the license holder is subject to actions under this section | 298 |
| and that there is clear and convincing evidence that continued | 299 |
| operation by the license holder presents an immediate and serious | 300 |
| harm to the public. The president and executive director of the | 301 |
| board shall make a preliminary determination and describe, by | 302 |
| telephone conference or any other method of communication, the | 303 |
| evidence on which they made their determination to the other | 304 |
| members of the board. The board may by resolution designate | 305 |
| another board member to act in place of the president of the board | 306 |
| or another employee to act in the place of the executive director, | 307 |
| in the event that the board president or executive director is | 308 |
| unavailable or unable to act. On review of the evidence, the board | 309 |
| may by a vote of not less than five of its members, suspend a | 310 |
| license without a prior hearing. The board may vote on the | 311 |
| suspension by way of a telephone conference call. | 312 |
| Immediately following the decision to suspend a license under | 313 |
| this division, the board shall issue a written order of suspension | 314 |
| and cause it to be delivered in accordance with section 119.07 of | 315 |
| the Revised Code. The order shall not be subject to suspension by | 316 |
| the court during the pendency of any appeal filed under section | 317 |
| 119.12 of the Revised Code. If the license holder requests an | 318 |
| adjudication hearing, the date set for the hearing shall be within | 319 |
| fifteen days but not earlier than seven days after the license | 320 |
| holder requests the hearing, unless another date is agreed to by | 321 |
| the license holder and the board. The suspension shall remain in | 322 |
| effect, unless reversed by the board, until a final adjudication | 323 |
| order issued by the board pursuant to this section and Chapter | 324 |
| 119. of the Revised Code becomes effective. The board shall issue | 325 |
| its final adjudication order not later than ninety days after | 326 |
| completion of the hearing. The board's failure to issue the order | 327 |
| by that day shall cause the summary suspension to end, but shall | 328 |
| not affect the validity of any subsequent final adjudication | 329 |
| order. | 330 |
| Sec. 4752.99. Whoever violates division (A) of section | 331 |
| 4752.02 of the Revised Code is guilty of a minor misdemeanor on | 332 |
| the first offense. On the second offense, the person is guilty of | 333 |
| a misdemeanor of the fourth degree. On each subsequent offense, | 334 |
| the person is guilty of a misdemeanor of the first degree. | 335 |
| Sec. 4761.02. The governor, with the advice and consent of | 336 |
| the senate, shall appoint the Ohio respiratory care board, | 337 |
|
consisting of
| 338 |
| members of the board shall be respiratory care professionals who | 339 |
| were engaged in or actively associated with the practice of | 340 |
| respiratory care in this state for at least five years immediately | 341 |
| preceding appointment. Two members shall be home medical equipment | 342 |
| services providers with not less than five years of management | 343 |
| experience in home medical equipment services prior to | 344 |
| appointment. One member shall be a physician who has clinical | 345 |
| training and experience in the management of pulmonary disease. | 346 |
| One member shall represent the public. | 347 |
| After the term of a member of the board expires or becomes | 348 |
| vacant, the Ohio state medical association may submit to the | 349 |
| governor the names of nominees for the board position to be filled | 350 |
| by a physician. The board of directors of the Ohio society for | 351 |
| respiratory care, inc., may recommend to the governor at least | 352 |
| three persons for each board position to be filled by a | 353 |
| respiratory care professional. The American lung association of | 354 |
| Ohio may submit to the governor the names of nominees for the | 355 |
| board position to be filled by a person representing the public. | 356 |
| The Ohio association of medical equipment services may submit to | 357 |
| the governor the names of nominees for the two board positions to | 358 |
| be filled by home medical equipment services providers. The | 359 |
| governor shall consider these nominees in making the appointments. | 360 |
| | 361 |
| appointed who are respiratory care professionals who were engaged | 362 |
| in or actively associated with the practice of respiratory care in | 363 |
| this state for at least five years immediately preceding | 364 |
| appointment, one shall be appointed for a term ending the | 365 |
| fourteenth day of March immediately following the date that is one | 366 |
| year after the effective date of this amendment and one for a term | 367 |
| ending on the fourteenth day of March immediately following the | 368 |
| date that is two years after the effective date of this amendment. | 369 |
| Of the initial two home medical equipment services providers | 370 |
| appointed to the board, one shall be appointed for a term ending | 371 |
| the fourteenth day of March immediately following the date that is | 372 |
| one year after the effective date of this amendment and one for a | 373 |
| term ending the fourteenth day of March immediately following the | 374 |
| date that is two years after the effective date of this amendment. | 375 |
| Thereafter, terms of office shall be for three years, each term | 376 |
| ending on the same day of the same month of the year as did the | 377 |
| term which it succeeds. A member shall serve subsequent to the | 378 |
|
expiration of the member's term
until
| 379 |
| appointed and qualifies, or until a period of sixty days has | 380 |
| elapsed, whichever occurs first. Each member, before entering upon | 381 |
| the duties of office, shall subscribe to and file with the | 382 |
| secretary of state the oath of office required under Section 7 of | 383 |
| Article XV, Ohio Constitution. Vacancies shall be filled in the | 384 |
| manner prescribed for the regular appointments to the board and | 385 |
| shall be limited to the unexpired terms. Members of the board may | 386 |
| be reappointed. | 387 |
| Annually, upon the qualification of the member or members | 388 |
| appointed in that year, the Ohio respiratory care board shall | 389 |
| organize and shall select from its members a president and | 390 |
| secretary. A majority of the members of the board shall constitute | 391 |
| a quorum to transact and vote on the business of the board. | 392 |
| Each member of the board shall receive an amount fixed | 393 |
| pursuant to division (J) of section 124.15 of the Revised Code for | 394 |
| each day actually employed in the discharge of the member's | 395 |
| duties. In addition, each member shall receive actual and | 396 |
| necessary expenses incurred in the performance of the member's | 397 |
| official duties. | 398 |
| The board shall employ an executive director who shall be in | 399 |
| the unclassified service of the state. The executive director | 400 |
| shall assist the board in the administration and enforcement of | 401 |
| this chapter and shall employ individuals as the board considers | 402 |
| necessary to provide that assistance. | 403 |
| Sec. 4761.03. The Ohio respiratory care board shall regulate | 404 |
| the practice of respiratory care in this state and the persons to | 405 |
| whom the board issues licenses and limited permits and shall | 406 |
| license home medical equipment services providers under Chapter | 407 |
| 4752. of the Revised Code under this chapter. Rules adopted under | 408 |
| this chapter that deal with the provision of respiratory care in a | 409 |
| hospital, other than rules regulating the issuance of licenses or | 410 |
| limited permits, shall be consistent with the conditions for | 411 |
| participation under medicare, Title XVIII of the "Social Security | 412 |
| Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended, and with | 413 |
| the respiratory care accreditation standards of the joint | 414 |
| commission on accreditation of healthcare organizations or the | 415 |
| American osteopathic association. | 416 |
| The board shall: | 417 |
| (A) Adopt, and may rescind or amend, rules in accordance with | 418 |
| Chapter 119. of the Revised Code to carry out the purposes of this | 419 |
| chapter, including rules prescribing: | 420 |
| (1) The form and manner for filing applications for licensure | 421 |
| and renewal, limited permits, and limited permit extensions under | 422 |
| sections 4761.05 and 4761.06 of the Revised Code; | 423 |
| (2) The form, scoring, and scheduling of examinations and | 424 |
| reexaminations for licensure and license renewal; | 425 |
| (3) Standards for the approval of educational programs | 426 |
| required to qualify for licensure and continuing education | 427 |
| programs required for license renewal; | 428 |
| (4) Continuing education courses and the number of hour | 429 |
| requirements necessary for license renewal, in accordance with | 430 |
| section 4761.06 of the Revised Code; | 431 |
| (5) Procedures for the issuance and renewal of licenses and | 432 |
| limited permits; | 433 |
| (6) Procedures for the denial, suspension, permanent | 434 |
| revocation, refusal to renew, and reinstatement of licenses and | 435 |
| limited permits, the conduct of hearings, and the imposition of | 436 |
| fines for engaging in conduct that is grounds for such action and | 437 |
| hearings under section 4761.09 of the Revised Code; | 438 |
| (7) Standards of ethical conduct for the practice of | 439 |
| respiratory care; | 440 |
| (8) Conditions under which the license renewal fee and | 441 |
| continuing education requirements may be waived at the request of | 442 |
| a licensee who is not in active practice; | 443 |
| (9) The respiratory care tasks that may be performed by an | 444 |
| individual practicing as a polysomnographic technologist pursuant | 445 |
| to division (B)(3) of section 4761.10 of the Revised Code; | 446 |
| (10) Procedures for registering out-of-state respiratory care | 447 |
| providers authorized to practice in this state under division | 448 |
| (A)(4) of section 4761.11 of the Revised Code. | 449 |
| (B) Determine the sufficiency of an applicant's | 450 |
| qualifications for admission to the licensing examination or a | 451 |
| reexamination, and for the issuance or renewal of a license or | 452 |
| limited permit; | 453 |
| (C) Determine the respiratory care educational programs that | 454 |
| are acceptable for fulfilling the requirements of division (A) of | 455 |
| section 4761.04 of the Revised Code; | 456 |
| (D) Schedule, administer, and score the licensing examination | 457 |
| or any reexamination for license renewal or reinstatement. The | 458 |
| board shall administer the licensing examinations at least twice a | 459 |
| year and notify applicants of the time and place of the | 460 |
| examinations. | 461 |
| (E) Investigate complaints concerning alleged violations of | 462 |
| section 4761.10 of the Revised Code or grounds for the suspension, | 463 |
| permanent revocation, or refusal to issue licenses or limited | 464 |
| permits under section 3123.47 or 4761.09 of the Revised Code. The | 465 |
| board shall employ investigators who shall, under the direction of | 466 |
| the executive director of the board, investigate complaints and | 467 |
| make inspections and other inquiries as, in the judgment of the | 468 |
| board, are appropriate to enforce sections 3123.41 to 3123.50, | 469 |
| 4761.09, and 4761.10 of the Revised Code. Pursuant to an | 470 |
| investigation and inspection, the investigators may review and | 471 |
| audit records during normal business hours at the place of | 472 |
| business of a licensee or person who is the subject of a complaint | 473 |
| filed with the board or at any place where the records are kept. | 474 |
| Except when required by court order, the board and its | 475 |
| employees shall not disclose confidential information obtained | 476 |
| during an investigation or identifying information about any | 477 |
| person who files a complaint with the board. | 478 |
| The board may hear testimony in matters relating to the | 479 |
| duties imposed upon it and issue subpoenas pursuant to an | 480 |
| investigation. The president and secretary of the board may | 481 |
| administer oaths. | 482 |
| (F) Conduct hearings, keep records of its proceedings, and do | 483 |
| all such other things as are necessary and proper to carry out and | 484 |
| enforce the provisions of this chapter; | 485 |
| (G) Maintain, publish, and make available upon request, for a | 486 |
| fee not to exceed the actual cost of printing and mailing: | 487 |
| (1) The requirements for the issuance of licenses and limited | 488 |
| permits under this chapter and rules adopted by the board; | 489 |
| (2) A current register of every person licensed to practice | 490 |
| respiratory care in this state, to include the addresses of the | 491 |
| person's last known place of business and residence, the effective | 492 |
| date and identification number of the license, the name and | 493 |
| location of the institution that granted the person's degree or | 494 |
| certificate of completion of respiratory care educational | 495 |
| requirements, and the date the degree or certificate was issued; | 496 |
| (3) A list of the names and locations of the institutions | 497 |
| that each year granted degrees or certificates of completion in | 498 |
| respiratory care; | 499 |
| (4) After the administration of each examination, a list of | 500 |
| persons who passed the examination. | 501 |
| (H) Submit to the governor and to the general assembly each | 502 |
| year a report of all of its official actions during the preceding | 503 |
| year, together with any findings and recommendations with regard | 504 |
| to the improvement of the profession of respiratory care; | 505 |
| (I) Administer and enforce Chapter 4752. of the Revised Code. | 506 |
| Section 2. That existing sections 4745.01, 4761.02, and | 507 |
| 4761.03 of the Revised Code are hereby repealed. | 508 |
| Section 3. Not later than ninety days after the effective | 509 |
| date of this act, the Governor with the advice and consent of the | 510 |
| Senate shall make the additional appointments to the Ohio | 511 |
| Respiratory Care Board under section 4761.02 of the Revised Code, | 512 |
| as amended by this act. | 513 |
| Section 4. Section 4752.02 of the Revised Code shall take | 514 |
| effect one year after the effective date of this act. | 515 |