REPRESENTATIVES Collier, D. Evans, Hollister, McGregor, Raga, Schaffer, Redfern, Widener, Jerse, Webster, Allen, G. Smith, Aslanides, Barrett, Book, Carano, Carmichael, Cirelli, Daniels, DeWine, Domenick, Flowers, Jolivette, Key, Miller, Otterman, T. Patton, Perry, Peterson, Price, Schlichter, Setzer, Sferra, Strahorn, Wilson, Wolpert, Yates

To amend sections 4745.01, 4761.02, 4761.03, and

1

4761.09 and to enact sections 4752.01 to 4752.09,

2

4752.11 to 4752.15, 4752.17 to 4752.19, and

3

4752.99 of the Revised Code to require home

4

medical equipment services providers to be

5

licensed by the Ohio Respiratory Care Board or to

6

be nationally accredited and registered by the

7

Board.

8

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

Section 1.  That sections 4745.01, 4761.02, 4761.03, and	9
4761.09 be amended and sections 4752.01, 4752.02, 4752.03,	10
4752.04, 4752.05, 4752.06, 4752.07, 4752.08, 4752.09, 4752.11,	11
4752.12, 4752.13, 4752.14, 4752.15, 4752.17, 4752.18, 4752.19, and	12
4752.99 of the Revised Code be enacted to read as follows:	13

Sec. 4745.01.  (A) "Standard renewal procedure," as used in	14
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,	15
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3731., 3742.,	16
3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169.,	17
4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,	18
4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,	19
4747., 4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761.,	20
4766., 4773., and 4775. of the Revised Code, means the license	21
renewal procedures specified in this chapter.	22

(B) "Licensing agency," as used in this chapter, means any	23
department, division, board, section of a board, or other state	24
governmental unit subject to the standard renewal procedure, as	25
defined in this section, and authorized by the Revised Code to	26
issue a license to engage in a specific profession, occupation, or	27
occupational activity, or to have charge of and operate certain	28
specified equipment, machinery, or premises.	29

(C) "License," as used in this chapter, means a license,	30
certificate, permit, card, or other authority issued or conferred	31
by a licensing agency by authority of which the licensee has or	32
claims the privilege to engage in the profession, occupation, or	33
occupational activity, or to have control of and operate certain	34
specific equipment, machinery, or premises, over which the	35
licensing agency has jurisdiction.	36

(D) "Licensee," as used in this chapter, means either the	37
person to whom the license is issued or renewed by a licensing	38
agency, or the person, partnership, or corporation at whose	39
request the license is issued or renewed.	40

(E) "Renewal" and "renewed," as used in this chapter and in	41
the chapters of the Revised Code specified in division (A) of this	42
section, includes the continuing licensing procedure provided in	43
Chapter 3748. of the Revised Code and rules adopted under it and	44
in sections 1321.05 and 3921.33 of the Revised Code, and as	45
applied to those continuing licenses any reference in this chapter	46
to the date of expiration of any license shall be construed to	47
mean the due date of the annual or other fee for the continuing	48
license.	49

Sec. 4752.01. As used in this chapter:

50

(A) "Authorized health care professional" means a person	51
authorized under Chapter 4731. of the Revised Code to practice	52
medicine and surgery or osteopathic medicine and surgery or	53
otherwise authorized under Ohio law to prescribe the use of home	54
medical equipment by a patient.	55

(B) "Home medical equipment" means equipment that can stand	56
repeated use, is primarily and customarily used to serve a medical	57
purpose, is not useful to a person in the absence of illness or	58
injury, is appropriate for use in the home, and is one or more of	59
the following:	60

(1) Life-sustaining equipment prescribed by an authorized	61
health care professional that mechanically sustains, restores, or	62
supplants a vital bodily function, such as breathing;	63

(2) Technologically sophisticated medical equipment	64
prescribed by an authorized health care professional that requires	65
individualized adjustment or regular maintenance by a home medical	66
equipment services provider to maintain a patient's health care	67
condition or the effectiveness of the equipment;	68

(3) An item specified by the Ohio respiratory care board in	69
rules adopted under division (B) of section 4752.17 of the Revised	70
Code.	71

(C) "Home medical equipment services" means the sale,	72
delivery, installation, maintenance, replacement, or demonstration	73
of home medical equipment.	74

(D) "Home medical equipment services provider" means a person	75
engaged in offering home medical equipment services to the public.	76

(E) "Hospital" has the same meaning as in section 3727.01 of	77
the Revised Code.	78

(F) "Sell or rent" means to transfer ownership or the right	79
to use property, whether in person or through an agent, employee,	80
or other person, in return for compensation.	81

Sec. 4752.02. (A) Except as provided in division (B) of this	82
section, no person shall provide home medical equipment services	83
or claim to the public to be a home medical equipment services	84
provider unless either of the following is the case:	85

(1) The person holds a valid license issued under this	86
chapter;	87

(2) The person holds a valid certificate of registration	88
issued under this chapter.	89

(B) Division (A) of this section does not apply to any of the	90
following:	91

(1) A health care practitioner, as defined in section 4769.01	92
of the Revised Code, who does not sell or rent home medical	93
equipment;	94

(2) A hospital that provides home medical equipment services	95
only as an integral part of patient care and does not provide the	96
services through a separate entity that has its own medicare or	97
medicaid provider number;	98

(3) A manufacturer or wholesale distributor of home medical	99
equipment that does not sell directly to the public;	100

(4) A hospice care program, as defined by section 3712.01 of	101
the Revised Code, that does not sell or rent home medical	102
equipment;	103

(5) A home, as defined by section 3721.01 of the Revised	104
Code;	105

(6) A home health agency that is certified under Title XVIII	106
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395,	107
as a provider of home health services and does not sell or rent	108
home medical equipment;	109

(7) An individual who holds a current, valid license issued	110
under Chapter 4741. of the Revised Code to practice veterinary	111
medicine;	112

(8) An individual who holds a current, valid license issued	113
under Chapter 4779. of the Revised Code to practice orthotics,	114
prosthetics, or pedorthics;	115

(9) A pharmacy licensed under Chapter 4729. of the Revised	116
Code that either does not sell or rent home medical equipment or	117
receives total payments of less than ten thousand dollars per year	118
from selling or renting home medical equipment;	119

(10) A home dialysis equipment provider regulated by federal	120
law.	121

Sec. 4752.03. (A) A person seeking to comply with division	122
(A) of section 4752.02 of the Revised Code shall do either of the	123
following:	124

(1) Apply for a license issued under this chapter;

125

(2) Apply for a certificate of registration issued under this	126
chapter on the basis of being accredited by the joint commission	127
on accreditation of healthcare organizations or another national	128
accrediting body recognized by the Ohio respiratory care board, as	129
specified in rules adopted under section 4752.17 of the Revised	130
Code.	131

(B) A person intending to provide home medical equipment	132
services from more than one facility shall apply for a separate	133
license or certificate of registration for each facility.	134

Sec. 4752.04.  A person seeking a license to provide home	135
medical equipment services shall apply to the Ohio respiratory	136
care board on a form the board shall prescribe and provide. The	137
application must be accompanied by the license application fee	138
established in rules adopted under section 4752.17 of the Revised	139
Code and specify the name and location of the facility from which	140
services will be provided.	141

Sec. 4752.05. (A) The Ohio respiratory care board shall issue	142
a license to provide home medical equipment services to each	143
applicant under section 4752.04 of the Revised Code that meets	144
either of the following requirements:	145

(1) Meets the standards established by the board in rules	146
adopted under section 4752.17 of the Revised Code;	147

(2) Is a pharmacy licensed under Chapter 4729. of the Revised	148
Code that receives total payments of ten thousand dollars or more	149
per year from selling or renting home medical equipment.	150

(B) During the period ending one year after the effective	151
date of this section, an applicant that does not meet either of	152
the requirements of division (A) of this section shall be granted	153
a provisional license if for at least twelve months prior to the	154
effective date of this section the applicant was engaged in the	155
business of providing home medical equipment services. The	156
provisional license expires one year following the date on which	157
it is issued and is not subject to renewal under section 4752.06	158
of the Revised Code.	159

(C) The board may conduct a personal interview of an	160
applicant, or an applicant's representative, to determine the	161
applicant's qualifications for licensure.	162

(D) A license issued under division (A) of this section is	163
valid from the day it is issued until the thirtieth day of June	164
that immediately follows the date of issue. Thereafter a license	165
is valid only if it is renewed in accordance with section 4752.06	166
of the Revised Code biennially on or before the thirtieth day of	167
June.	168

(E) Any license issued under this section is valid only for	169
the facility named in the application.	170

Sec. 4752.06. Except for a provisional license issued under	171
section 4752.05 of the Revised Code, a license issued under this	172
chapter shall be renewed by the Ohio respiratory care board if the	173
license holder is in compliance with the applicable requirements	174
of this chapter.	175

An application for license renewal shall be accompanied by	176
the renewal fee established in rules adopted under section 4752.17	177
of the Revised Code and documentation satisfactory to the board	178
that the continuing education requirements of section 4752.07 of	179
the Revised Code have been met. Renewals shall be made in	180
accordance with the standard renewal procedure established under	181
Chapter 4745. of the Revised Code.	182

Sec. 4752.07. The holder of a license issued under this	183
chapter shall do all of the following:	184

(A) Maintain a physical facility and a medical equipment	185
inventory;	186

(B) Establish equipment management and personnel policies;

187

(C) Provide life-sustaining home medical equipment, as	188
described in division (B)(1) of section 4752.01 of the Revised	189
Code, and related home medical equipment services twenty-four	190
hours per day, seven days per week;	191

(D) Require persons in its employ or under its control who	192
provide home medical equipment services to successfully complete	193
continuing education programs in home medical equipment services	194
that meet the standards established by rule adopted under section	195
4752.17 of the Revised Code and maintain records on participation	196
in those programs;	197

(E) Maintain records on all individuals to whom it provides	198
home medical equipment and services;	199

(F) Maintain liability insurance, including coverage for	200
professional and products liability;	201

(G) Comply with all other requirements established by rule	202
adopted under section 4752.17 of the Revised Code that apply to	203
persons licensed under this chapter.	204

Sec. 4752.08. (A) The Ohio respiratory care board may inspect	205
the operations and facility, subpoena the records, and compel	206
testimony of employees of any home medical equipment services	207
provider licensed under this chapter. Inspections shall be	208
conducted as provided in rules adopted by the board under section	209
4752.17 of the Revised Code.	210

(B) The board shall employ investigators who shall, under the	211
direction of the executive director of the board, investigate	212
complaints and conduct inspections. Pursuant to an investigation	213
or inspection, investigators may review and audit records during	214
normal business hours at the place of business of the person being	215
investigated. The board and its employees shall not disclose	216
confidential information obtained during an investigation, except	217
pursuant to a court order.	218

(C) The board shall send the provider a report of the results	219
of an inspection. If the board determines that the provider is not	220
in compliance with any requirement of this chapter applicable to	221
providers licensed under this chapter, the board may direct the	222
provider to attain compliance. Failure of the provider to comply	223
with the directive is grounds for action by the board under	224
division (A)(1) of section 4752.09 of the Revised Code.	225

(D) A provider that disputes the results of an inspection may	226
file an appeal with the board not later than ninety days after	227
receiving the inspection report. The board shall review the	228
inspection report and, at the request of the provider, conduct a	229
new inspection.	230

Sec. 4752.09. (A) The Ohio respiratory care board may, in	231
accordance with Chapter 119. of the Revised Code, suspend or	232
revoke a license issued under this chapter or discipline a license	233
holder by imposing a fine of not more than five thousand dollars	234
or taking other disciplinary action on any of the following	235
grounds:	236

(1) Violation of any provision of this chapter or an order or	237
rule of the board, as those provisions, orders, or rules are	238
applicable to persons licensed under this chapter;	239

(2) A plea of guilty to or a judicial finding of guilt of a	240
felony or a misdemeanor that involves dishonesty or is directly	241
related to the provision of home medical equipment services;	242

(3) Making a material misstatement in furnishing information	243
to the board;	244

(4) Professional incompetence;

245

(5) Being guilty of negligence or gross misconduct in	246
providing home medical equipment services;	247

(6) Aiding, assisting, or willfully permitting another person	248
to violate any provision of this chapter or an order or rule of	249
the board, as those provisions, orders, or rules are applicable to	250
persons licensed under this chapter;	251

(7) Failing, within sixty days, to provide information in	252
response to a written request by the board;	253

(8) Engaging in conduct likely to deceive, defraud, or harm	254
the public;	255

(9) Denial, revocation, suspension, or restriction of a	256
license to provide home medical equipment services, for any reason	257
other than failure to renew, in another state or jurisdiction;	258

(10) Directly or indirectly giving to or receiving from any	259
person a fee, commission, rebate, or other form of compensation	260
for services not rendered;	261

(11) Knowingly making or filing false records, reports, or	262
billings in the course of providing home medical equipment	263
services, including false records, reports, or billings prepared	264
for or submitted to state and federal agencies or departments;	265

(12) Failing to comply with federal rules issued pursuant to	266
the medicare program established under Title XVIII of the "Social	267
Security Act," 49 Stat. 620(1935), 42 U.S.C. 1395, as amended,	268
relating to operations, financial transactions, and general	269
business practices of home medical services providers.	270

(B) The respiratory care board immediately may suspend a	271
license without a hearing if it determines that there is evidence	272
that the license holder is subject to actions under this section	273
and that there is clear and convincing evidence that continued	274
operation by the license holder presents an immediate and serious	275
harm to the public. The president and executive director of the	276
board shall make a preliminary determination and describe, by	277
telephone conference or any other method of communication, the	278
evidence on which they made their determination to the other	279
members of the board. The board may by resolution designate	280
another board member to act in place of the president of the board	281
or another employee to act in the place of the executive director,	282
in the event that the board president or executive director is	283
unavailable or unable to act. On review of the evidence, the board	284
may by a vote of not less than seven of its members, suspend a	285
license without a prior hearing. The board may vote on the	286
suspension by way of a telephone conference call.	287

Immediately following the decision to suspend a license under	288
this division, the board shall issue a written order of suspension	289
and cause it to be delivered in accordance with section 119.07 of	290
the Revised Code. The order shall not be subject to suspension by	291
the court during the pendency of any appeal filed under section	292
119.12 of the Revised Code. If the license holder requests an	293
adjudication hearing, the date set for the hearing shall be within	294
fifteen days but not earlier than seven days after the license	295
holder requests the hearing, unless another date is agreed to by	296
the license holder and the board. The suspension shall remain in	297
effect, unless reversed by the board, until a final adjudication	298
order issued by the board pursuant to this section and Chapter	299
119. of the Revised Code becomes effective. The board shall issue	300
its final adjudication order not later than ninety days after	301
completion of the hearing. The board's failure to issue the order	302
by that day shall cause the summary suspension to end, but shall	303
not affect the validity of any subsequent final adjudication	304
order.	305

Sec. 4752.11.  (A) A person seeking a certificate of	306
registration to provide home medical equipment services shall	307
apply to the Ohio respiratory care board on a form the board shall	308
prescribe and provide. The application must be accompanied by the	309
registration fee established in rules adopted under section	310
4752.17 of the Revised Code.	311

(B) The applicant shall specify in the application all of the	312
following:	313

(1) The name of the facility from which services will be	314
provided;	315

(2) The facility's address;

316

(3) The facility's telephone number;

317

(4) A person who may be contacted with regard to the	318
facility;	319

(5) The name of the national accrediting body that issued the	320
accreditation on which the application is based;	321

(6) The applicant's accreditation number and the expiration	322
date of the accreditation;	323

(7) A telephone number that may be used twenty-four hours a	324
day, seven days a week, to obtain information related to the	325
facility's provision of home medical equipment services.	326

Sec. 4752.12.  (A) The Ohio respiratory care board shall	327
issue a certificate of registration to provide home medical	328
equipment services to each applicant who submits a complete	329
application under section 4752.11 of the Revised Code. For	330
purposes of this division, an application is complete only if the	331
board finds that the applicant holds accreditation from the joint	332
commission on accreditation of healthcare organizations or another	333
national accrediting body recognized by the board, as specified in	334
rules adopted under section 4752.17 of the Revised Code.	335

(B) A certificate of registration issued under this section	336
is valid from the day it is issued until the thirtieth day of June	337
that immediately follows the date of issue. Thereafter, a	338
certificate of registration is valid only if it is renewed in	339
accordance with section 4752.13 of the Revised Code biennially on	340
or before the thirtieth day of June.	341

(C) A certificate of registration issued under this section	342
is valid only for the facility named in the application.	343

Sec. 4752.13. A certificate of registration issued under this	344
chapter shall be renewed by the Ohio respiratory care board if the	345
certificate holder is accredited by the joint commission on	346
accreditation of healthcare organizations or another national	347
accrediting body recognized by the board, as specified in rules	348
adopted under section 4752.17 of the Revised Code.	349

An application for renewal of a certificate of registration	350
shall be accompanied by the renewal fee established in rules	351
adopted under section 4752.17 of the Revised Code. Renewals shall	352
be made in accordance with the standard renewal procedure	353
established under Chapter 4745. of the Revised Code.	354

Sec. 4752.14.  The Ohio respiratory care board shall enter	355
into a cooperative agreement with each of the national accrediting	356
bodies it recognizes in rules adopted under section 4752.17 of the	357
Revised Code for purposes of issuing certificates of registration	358
under this chapter. The board shall ensure that each cooperative	359
agreement establishes or specifies standards or procedures	360
regarding a complaint process, patient safety and care, and any	361
other matter the board considers appropriate for home medical	362
equipment services providers that receive certificates of	363
registration under this chapter.	364

Sec. 4752.15.  (A) The Ohio respiratory care board shall, in	365
accordance with Chapter 119. of the Revised Code, suspend or	366
revoke a certificate of registration issued under this chapter if	367
it learns from any source that the accreditation on which the	368
certificate of registration was issued has been revoked or	369
suspended or is otherwise no longer valid.	370

(B) If the status of the accreditation on which a certificate	371
of registration is issued under this chapter changes for any	372
reason, the holder of the certificate shall notify the board. On	373
receipt of the notice, the board shall take action under division	374
(A) of this section, if appropriate.	375

Sec. 4752.17. (A) The Ohio respiratory care board shall adopt	376
rules to implement and administer this chapter. The rules shall do	377
all of the following:	378

(1) Specify items considered to be home medical equipment for	379
purposes of divisions (B)(1) and (2) of section 4752.01 of the	380
Revised Code;	381

(2) Establish procedures for issuance and renewal of licenses	382
and certificates of registration under this chapter, including the	383
duties that may be fulfilled by the board's executive director and	384
other board employees;	385

(3) Specify the national accrediting bodies the board	386
recognizes for purposes of issuing certificates of registration	387
under this chapter;	388

(4) Establish standards an applicant must meet to be eligible	389
to be granted a license under section 4752.05 of the Revised Code;	390

(5) Establish standards for personnel policies, equipment	391
storage, equipment maintenance, and record keeping to be followed	392
by home medical equipment services providers licensed under this	393
chapter;	394

(6) Establish standards for continuing education programs in	395
home medical equipment services for individuals who provide home	396
medical equipment services while employed by or under the control	397
of a home medical equipment services provider licensed under this	398
chapter;	399

(7) Establish standards and procedures for inspection of home	400
medical equipment providers licensed under this chapter and the	401
facilities from which their home medical equipment services are	402
provided and for appeal of inspection results;	403

(8) Establish fees for issuing and renewing licenses under	404
this chapter, in an amount sufficient to meet the expenses the	405
board incurs in administering the licensing program;	406

(9) Establish fees for conducting inspections of home medical	407
equipment services providers licensed under this chapter, in an	408
amount sufficient to meet the expenses the board incurs in	409
administering the inspection program;	410

(10) Establish fees for issuing and renewing certificates of	411
registration under this chapter, in an amount sufficient to meet	412
the expenses the board incurs in administering the registration	413
program;	414

(11) Establish any other standards, requirements, or	415
procedures the board considers necessary for the implementation or	416
administration of this chapter.	417

(B) The board may adopt rules specifying items that are	418
considered home medical equipment for purposes of division (B)(3)	419
of section 4752.01 of the Revised Code.	420

(C) Rules shall be adopted under this chapter in accordance	421
with Chapter 119. of the Revised Code. Prior to adopting any rule,	422
the board shall consult with representatives of any association of	423
home medical equipment services providers that do business in this	424
state.	425

Sec. 4752.18.  All moneys the Ohio respiratory care board	426
receives under this chapter, from any source, shall be deposited	427
into the state treasury to the credit of the occupational	428
licensing and regulatory fund created under section 4743.05 of the	429
Revised Code.	430

Sec. 4752.19.  (A) At the request of the Ohio respiratory	431
care board, the attorney general may bring a civil action for	432
appropriate relief, including a temporary restraining order,	433
preliminary or permanent injunction, and civil penalties, in the	434
court of common pleas of the county in which a violation has	435
occurred, is occurring, or is threatening to occur against any	436
person who has violated, is violating, or threatens to violate	437
section 4752.02 of the Revised Code. In accordance with the Rules	438
of Civil Procedure, the court of common pleas in which an action	439
for injunction is filed has jurisdiction to grant, and shall	440
grant, a temporary restraining order and preliminary and permanent	441
injunctive relief upon a showing that the person against whom the	442
action is brought has violated, is violating, or threatens to	443
violate section 4752.02 of the Revised Code. In an action for a	444
civil penalty, the court may impose upon a person found to have	445
violated section 4752.02 of the Revised Code a civil penalty of	446
not less than five hundred and not more than two thousand five	447
hundred dollars for each day of violation. Moneys resulting from	448
civil penalties imposed under this section shall be deposited into	449
the state treasury to the credit of the occupational licensing and	450
regulatory fund created under section 4743.05 of the Revised Code.	451

(B) The remedies provided in this section are in addition to	452
remedies otherwise available under any federal or state law or	453
ordinance of a municipal corporation.	454

Sec. 4752.99. Whoever violates division (A) of section	455
4752.02 of the Revised Code is guilty of a minor misdemeanor on	456
the first offense. On the second offense, the person is guilty of	457
a misdemeanor of the fourth degree. On each subsequent offense,	458
the person is guilty of a misdemeanor of the first degree.	459

Sec. 4761.02.  The governor, with the advice and consent of	460
the senate, shall appoint the Ohio respiratory care board,	461
consisting of fivenine residents of this state. ThreeFive	462
members of the board shall be respiratory care professionals who	463
were engaged in or actively associated with the practice of	464
respiratory care in this state for at least five years immediately	465
preceding appointment. Two members shall be home medical equipment	466
services providers with not less than five years of management	467
experience in home medical equipment services prior to	468
appointment. One member shall be a physician who has clinical	469
training and experience in the management of pulmonary disease.	470
One member shall represent the public.	471

After the term of a member of the board expires or becomes	472
vacant, the Ohio state medical association may submit to the	473
governor the names of nominees for the board position to be filled	474
by a physician. The board of directors of the Ohio society for	475
respiratory care, inc., may recommend to the governor at least	476
three persons for each board position to be filled by a	477
respiratory care professional. The American lung association of	478
Ohio may submit to the governor the names of nominees for the	479
board position to be filled by a person representing the public.	480
The Ohio association of medical equipment services may submit to	481
the governor the names of nominees for the two board positions to	482
be filled by home medical equipment services providers. The	483
governor shall consider these nominees in making the appointments.	484

TermsOf the two additional members of the board to be	485
appointed who are respiratory care professionals who were engaged	486
in or actively associated with the practice of respiratory care in	487
this state for at least five years immediately preceding	488
appointment, one shall be appointed for a term ending the	489
fourteenth day of March immediately following the date that is one	490
year after the effective date of this amendment and one for a term	491
ending on the fourteenth day of March immediately following the	492
date that is two years after the effective date of this amendment.	493
Of the initial two home medical equipment services providers	494
appointed to the board, one shall be appointed for a term ending	495
the fourteenth day of March immediately following the date that is	496
one year after the effective date of this amendment and one for a	497
term ending the fourteenth day of March immediately following the	498
date that is two years after the effective date of this amendment.	499
Thereafter, terms of office shall be for three years, each term	500
ending on the same day of the same month of the year as did the	501
term which it succeeds. A member shall serve subsequent to the	502
expiration of the member's term until athe member's successor is	503
appointed and qualifies, or until a period of sixty days has	504
elapsed, whichever occurs first. Each member, before entering upon	505
the duties of office, shall subscribe to and file with the	506
secretary of state the oath of office required under Section 7 of	507
Article XV, Ohio Constitution. Vacancies shall be filled in the	508
manner prescribed for the regular appointments to the board and	509
shall be limited to the unexpired terms. Members of the board may	510
be reappointed.	511

Annually, upon the qualification of the member or members	512
appointed in that year, the Ohio respiratory care board shall	513
organize and shall select from its members a president and	514
secretary. A majority of the members of the board shall constitute	515
a quorum to transact and vote on the business of the board.	516

Each member of the board shall receive an amount fixed	517
pursuant to division (J) of section 124.15 of the Revised Code for	518
each day actually employed in the discharge of the member's	519
duties. In addition, each member shall receive actual and	520
necessary expenses incurred in the performance of the member's	521
official duties.	522

The board shall employ an executive director who shall be in	523
the unclassified service of the state. The executive director	524
shall assist the board in the administration and enforcement of	525
this chapter and shall employ individuals as the board considers	526
necessary to provide that assistance.	527

Sec. 4761.03.  The Ohio respiratory care board shall regulate	528
the practice of respiratory care in this state and the persons to	529
whom the board issues licenses and limited permits and shall	530
license and register home medical equipment services providers	531
under Chapter 4752. of the Revised Code under this chapter. Rules	532
adopted under this chapter that deal with the provision of	533
respiratory care in a hospital, other than rules regulating the	534
issuance of licenses or limited permits, shall be consistent with	535
the conditions for participation under medicare, Title XVIII of	536
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395,	537
as amended, and with the respiratory care accreditation standards	538
of the joint commission on accreditation of healthcare	539
organizations or the American osteopathic association.	540

The board shall:

541

(A) Adopt, and may rescind or amend, rules in accordance with	542
Chapter 119. of the Revised Code to carry out the purposes of this	543
chapter, including rules prescribing:	544

(1) The form and manner for filing applications for licensure	545
and renewal, limited permits, and limited permit extensions under	546
sections 4761.05 and 4761.06 of the Revised Code;	547

(2) The form, scoring, and scheduling of examinations and	548
reexaminations for licensure and license renewal;	549

(3) Standards for the approval of educational programs	550
required to qualify for licensure and continuing education	551
programs required for license renewal;	552

(4) Continuing education courses and the number of hour	553
requirements necessary for license renewal, in accordance with	554
section 4761.06 of the Revised Code;	555

(5) Procedures for the issuance and renewal of licenses and	556
limited permits, including the duties that may be fulfilled by the	557
board's executive director and other board employees;	558

(6) Procedures for the denial, suspension, permanent	559
revocation, refusal to renew, and reinstatement of licenses and	560
limited permits, the conduct of hearings, and the imposition of	561
fines for engaging in conduct that is grounds for such action and	562
hearings under section 4761.09 of the Revised Code;	563

(7) Standards of ethical conduct for the practice of	564
respiratory care;	565

(8) Conditions under which the license renewal fee and	566
continuing education requirements may be waived at the request of	567
a licensee who is not in active practice;	568

(9) The respiratory care tasks that may be performed by an	569
individual practicing as a polysomnographic technologist pursuant	570
to division (B)(3) of section 4761.10 of the Revised Code;	571

(10) Procedures for registering out-of-state respiratory care	572
providers authorized to practice in this state under division	573
(A)(4) of section 4761.11 of the Revised Code.	574

(B) Determine the sufficiency of an applicant's	575
qualifications for admission to the licensing examination or a	576
reexamination, and for the issuance or renewal of a license or	577
limited permit;	578

(C) Determine the respiratory care educational programs that	579
are acceptable for fulfilling the requirements of division (A) of	580
section 4761.04 of the Revised Code;	581

(D) Schedule, administer, and score the licensing examination	582
or any reexamination for license renewal or reinstatement. The	583
board shall administer the licensing examinations at least twice a	584
year and notify applicants of the time and place of the	585
examinations.	586

(E) Investigate complaints concerning alleged violations of	587
section 4761.10 of the Revised Code or grounds for the suspension,	588
permanent revocation, or refusal to issue licenses or limited	589
permits under section 3123.47 or 4761.09 of the Revised Code. The	590
board shall employ investigators who shall, under the direction of	591
the executive director of the board, investigate complaints and	592
make inspections and other inquiries as, in the judgment of the	593
board, are appropriate to enforce sections 3123.41 to 3123.50,	594
4761.09, and 4761.10 of the Revised Code. Pursuant to an	595
investigation and inspection, the investigators may review and	596
audit records during normal business hours at the place of	597
business of a licensee or person who is the subject of a complaint	598
filed with the board or at any place where the records are kept.	599

Except when required by court order, the board and its	600
employees shall not disclose confidential information obtained	601
during an investigation or identifying information about any	602
person who files a complaint with the board.	603

The board may hear testimony in matters relating to the	604
duties imposed upon it and issue subpoenas pursuant to an	605
investigation. The president and secretary of the board may	606
administer oaths.	607

(F) Conduct hearings, keep records of its proceedings, and do	608
all such other things as are necessary and proper to carry out and	609
enforce the provisions of this chapter;	610

(G) Maintain, publish, and make available upon request, for a	611
fee not to exceed the actual cost of printing and mailing:	612

(1) The requirements for the issuance of licenses and limited	613
permits under this chapter and rules adopted by the board;	614

(2) A current register of every person licensed to practice	615
respiratory care in this state, to include the addresses of the	616
person's last known place of business and residence, the effective	617
date and identification number of the license, the name and	618
location of the institution that granted the person's degree or	619
certificate of completion of respiratory care educational	620
requirements, and the date the degree or certificate was issued;	621

(3) A list of the names and locations of the institutions	622
that each year granted degrees or certificates of completion in	623
respiratory care;	624

(4) After the administration of each examination, a list of	625
persons who passed the examination.	626

(H) Submit to the governor and to the general assembly each	627
year a report of all of its official actions during the preceding	628
year, together with any findings and recommendations with regard	629
to the improvement of the profession of respiratory care;	630

(I) Administer and enforce Chapter 4752. of the Revised Code.

631

Sec. 4761.09.  (A) The Ohio respiratory care board may refuse	632
to issue or renew a license or a limited permit, may issue a	633
reprimand, may suspend or permanently revoke a license or limited	634
permit, or may place a license or limited permit holder on	635
probation, on any of the following grounds:	636

(1) A plea of guilty to, a judicial finding of guilt of, or a	637
judicial finding of eligibility for intervention in lieu of	638
conviction for an offense involving moral turpitude or of a	639
felony, in which case a certified copy of the court record shall	640
be conclusive evidence of the matter;	641

(2) Violating any provision of this chapter or an order or	642
rule of the board;	643

(3) Assisting another person in that person's violation of	644
any provision of this chapter or an order or rule of the board;	645

(4) Obtaining a license or limited permit by means of fraud,	646
false or misleading representation, or concealment of material	647
facts or making any other material misrepresentation to the board;	648

(5) Being guilty of negligence or gross misconduct in the	649
practice of respiratory care;	650

(6) Violating the standards of ethical conduct adopted by the	651
board, in the practice of respiratory care;	652

(7) Engaging in dishonorable, unethical, or unprofessional	653
conduct of a character likely to deceive, defraud, or harm the	654
public;	655

(8) Using any dangerous drug, as defined in section 4729.01	656
of the Revised Code, or alcohol to the extent that the use impairs	657
the ability to practice respiratory care at an acceptable level of	658
competency;	659

(9) Practicing respiratory care while mentally incompetent;

660

(10) Accepting commissions, rebates, or other forms of	661
remuneration for patient referrals;	662

(11) Practicing in an area of respiratory care for which the	663
person is clearly untrained or incompetent or practicing in a	664
manner that conflicts with section 4761.17 of the Revised Code;	665

(12) Employing, directing, or supervising a person who is not	666
authorized to practice respiratory care under this chapter in the	667
performance of respiratory care procedures;	668

(13) Misrepresenting educational attainments or authorized	669
functions for the purpose of obtaining some benefit related to the	670
practice of respiratory care;	671

(14) Assisting suicide as defined in section 3795.01 of the	672
Revised Code.	673

Before the board may take any action under this section,	674
other than issuance of a summary suspension order under division	675
(C) of this section, the executive director of the board shall	676
prepare and file written charges with the board. Disciplinary	677
actions taken by the board under this section shall be taken	678
pursuant to an adjudication under Chapter 119. of the Revised	679
Code, except that in lieu of an adjudication, the board may enter	680
into a consent agreement to resolve an allegation of a violation	681
of this chapter or any rule adopted under it. A consent agreement,	682
when ratified by the board, shall constitute the findings and	683
order of the board with respect to the matter addressed in the	684
agreement. If the board refuses to ratify a consent agreement, the	685
admissions and findings contained in the consent agreement shall	686
be of no effect.	687

(B) If the board orders a license or limited permit holder	688
placed on probation, the order shall be accompanied by a written	689
statement of the conditions under which the person may be restored	690
to practice.	691

The person may reapply to the board for original issuance of	692
a license after one year following the date the license was	693
denied.	694

A person may apply to the board for the reinstatement of a	695
license or limited permit after one year following the date of	696
suspension or refusal to renew. The board may accept or refuse the	697
application for reinstatement and may require that the applicant	698
pass a reexamination as a condition of eligibility for	699
reinstatement.	700

(C) If the president and secretary of the board determine	701
that there is clear and convincing evidence that a license or	702
limited permit holder has committed an act that is grounds for	703
board action under division (A) of this section and that continued	704
practice by the license or permit holder presents a danger of	705
immediate and serious harm to the public, the president and	706
secretary may recommend that the board suspend the license or	707
limited permit without a prior hearing. The president and	708
secretary shall submit in writing to the board the allegations	709
causing them to recommend the suspension.	710

On review of the allegations, the board, by a vote of not	711
less than fourseven of its members, may suspend a license or	712
limited permit without a prior hearing. The board may review the	713
allegations and vote on the suspension by a telephone conference	714
call.	715

If the board votes to suspend a license or limited permit	716
under this division, the board shall issue a written order of	717
summary suspension to the license or limited permit holder in	718
accordance with section 119.07 of the Revised Code. If the license	719
or limited permit holder requests a hearing by the board, the	720
board shall conduct the hearing in accordance with Chapter 119. of	721
the Revised Code. Notwithstanding section 119.12 of the Revised	722
Code, a court of common pleas shall not grant a suspension of the	723
board's order of summary suspension pending determination of an	724
appeal filed under that section.	725

Any order of summary suspension issued under this division	726
shall remain in effect until a final adjudication order issued by	727
the board pursuant to division (A) of this section becomes	728
effective. The board shall issue its final adjudication order	729
regarding an order of summary suspension issued under this	730
division not later than sixty days after completion of its	731
hearing. Failure to issue the order within sixty days shall result	732
in immediate dissolution of the suspension order, but shall not	733
invalidate any subsequent, final adjudication order.	734

Section 2.  That existing sections 4745.01, 4761.02, 4761.03,	735
and 4761.09 of the Revised Code are hereby repealed.	736

Section 3.  Not later than ninety days after the effective	737
date of this act, the Governor with the advice and consent of the	738
Senate shall make the additional appointments to the Ohio	739
Respiratory Care Board under section 4761.02 of the Revised Code,	740
as amended by this act.	741

Section 4.  Section 4752.02 of the Revised Code shall take	742
effect one year after the effective date of this act. Section	743
4761.09 of the Revised Code shall take effect ninety days after	744
the effective date of this act.	745