H. B. No. 200 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 200

Representative Boyd

Cosponsors: Representatives Skindell, Williams, S., Miller

A BILL

To enact sections 4783.01, 4783.02, 4783.04, 4783.06, 1
4783.08, 4783.10, 4783.12, 4783.14, and 4783.99 to 2
provide for licensing of home health care workers. 3

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

       Section 1. To enact sections 4783.01, 4783.02, 4783.04, 4
4783.06, 4783.08, 4783.10, 4783.12, 4783.14, and 4783.99 of the 5
Revised Code to read as follows: 6

       Sec. 4783.01. As used in this chapter: 7

        (A) "Home health agency," "home health aide services," and 8
"licensed health professional" have the same meanings as in 9
section 3701.881 of the Revised Code; 10

       (B) "Home health care worker" means an employee of a home 11
health agency who provides home health aide services and 12
nursing-related services to an individual in the individual's 13
home, but does not include a licensed health professional working 14
within the scope of the professional's license. 15

       Sec. 4783.02. Starting one year after the effective date of 16
this section: 17

        (A) No person shall act as a home health care worker, 18
represent the person as being a home health care worker, use the 19
title "home health care worker," or in any other way represent 20
that the person is a home health care worker unless the person 21
holds a current, valid license issued under this chapter. 22

        (B) No person shall employ a person not licensed as a home 23
health care worker under this chapter to work as a home health 24
care worker. 25

        (C) This section does not apply to any of the following: 26

       (1) A licensed health professional practicing within the 27
scope of the professional's license; 28

        (2) A student providing services as part of an educational 29
program; 30

        (3) An individual providing services to family members or in 31
an emergency; 32

       (4) An individual providing services without expectation of 33
compensation; 34

       (5) An individual caring for the sick in connection with the 35
practice of the religious tenets of a church by and for its 36
members. 37

       Sec. 4783.04. An individual seeking to practice as a home 38
health care worker shall apply to the department of health for a 39
license. The application shall be in writing, under oath, on a 40
form prescribed by the department, and be accompanied by the 41
license fee established by rule adopted under section 4783.14 of 42
the Revised Code. The applicant shall provide evidence 43
satisfactory to the department that the applicant possesses a high 44
school diploma or the equivalent of a high school diploma and 45
meets the requirements established by rule adopted under section 46
4783.14 of the Revised Code and provide any information required 47
by the department in those rules. 48

       Sec. 4783.06. The department of health shall issue a license 49
to practice as a home health care worker to each applicant who 50
satisfies the requirements of section 4783.04 of the Revised Code. 51

       Sec. 4783.08. The holder of a license issued under section 52
4783.06 of the Revised Code shall annually apply to the department 53
of health for a renewal of the license. The renewal application 54
shall be made on a form and in a manner prescribed by the 55
department and accompanied by the fee established by the 56
department in rules adopted under section 4783.14 of the Revised 57
Code. 58

       Sec. 4783.10. The holder of a license issued under section 59
4783.06 of the Revised Code shall annually certify to the 60
department of health that the holder has completed continuing 61
education in accordance with rules adopted under section 4783.14 62
of the Revised Code. 63

       Sec. 4783.12. The department of health, in accordance with 64
Chapter 119. of the Revised Code, may refuse to issue or may 65
limit, revoke, suspend, refuse to renew, or refuse to reinstate a 66
license or may reprimand or place on probation a license holder in 67
accordance with rules adopted under section 4783.14 of the Revised 68
Code. 69

       Sec. 4783.14. The department of health shall adopt rules in 70
accordance with Chapter 119. of the Revised Code to establish all 71
of the following: 72

        (A) Educational and other requirements for licensure as a 73
home health care worker. 74

        (B) Any information an applicant for a home health care 75
worker license must submit under section 4783.04 of the Revised 76
Code; 77

        (C) The application fee for a license to practice as a home 78
health care worker; 79

        (D) The form, manner, and time period for license renewal 80
under section 4783.08 of the Revised Code and the license renewal 81
fee; 82

        (E) Continuing education requirements and the form and manner 83
of submitting evidence of satisfactory completion of the 84
requirements; 85

        (F) The violations for which the department may take action 86
under section 4783.12 of the Revised Code; 87

        (G) Any other standards, procedures, or requirements the 88
department considers necessary to implement this chapter. 89

       Sec. 4783.99. Whoever violates division (A) or (B) of section 90
4783.02 of the Revised Code is guilty of a minor misdemeanor on a 91
first offense and a misdemeanor of the third degree on each 92
subsequent offense. 93

Section 1. To enact sections 4783.01, 4783.02, 4783.04,	4
4783.06, 4783.08, 4783.10, 4783.12, 4783.14, and 4783.99 of the	5
Revised Code to read as follows:	6

(A) "Home health agency," "home health aide services," and	8
"licensed health professional" have the same meanings as in	9
section 3701.881 of the Revised Code;	10

(B) "Home health care worker" means an employee of a home	11
health agency who provides home health aide services and	12
nursing-related services to an individual in the individual's	13
home, but does not include a licensed health professional working	14
within the scope of the professional's license.	15

Sec. 4783.02. Starting one year after the effective date of	16
this section:	17

(A) No person shall act as a home health care worker,	18
represent the person as being a home health care worker, use the	19
title "home health care worker," or in any other way represent	20
that the person is a home health care worker unless the person	21
holds a current, valid license issued under this chapter.	22

(B) No person shall employ a person not licensed as a home	23
health care worker under this chapter to work as a home health	24
care worker.	25

(1) A licensed health professional practicing within the	27
scope of the professional's license;	28

(2) A student providing services as part of an educational	29
program;	30

(3) An individual providing services to family members or in	31
an emergency;	32

(4) An individual providing services without expectation of	33
compensation;	34

(5) An individual caring for the sick in connection with the	35
practice of the religious tenets of a church by and for its	36
members.	37

Sec. 4783.04. An individual seeking to practice as a home	38
health care worker shall apply to the department of health for a	39
license. The application shall be in writing, under oath, on a	40
form prescribed by the department, and be accompanied by the	41
license fee established by rule adopted under section 4783.14 of	42
the Revised Code. The applicant shall provide evidence	43
satisfactory to the department that the applicant possesses a high	44
school diploma or the equivalent of a high school diploma and	45
meets the requirements established by rule adopted under section	46
4783.14 of the Revised Code and provide any information required	47
by the department in those rules.	48

Sec. 4783.06. The department of health shall issue a license	49
to practice as a home health care worker to each applicant who	50
satisfies the requirements of section 4783.04 of the Revised Code.	51

Sec. 4783.08. The holder of a license issued under section	52
4783.06 of the Revised Code shall annually apply to the department	53
of health for a renewal of the license. The renewal application	54
shall be made on a form and in a manner prescribed by the	55
department and accompanied by the fee established by the	56
department in rules adopted under section 4783.14 of the Revised	57
Code.	58

Sec. 4783.10. The holder of a license issued under section	59
4783.06 of the Revised Code shall annually certify to the	60
department of health that the holder has completed continuing	61
education in accordance with rules adopted under section 4783.14	62
of the Revised Code.	63

Sec. 4783.12. The department of health, in accordance with	64
Chapter 119. of the Revised Code, may refuse to issue or may	65
limit, revoke, suspend, refuse to renew, or refuse to reinstate a	66
license or may reprimand or place on probation a license holder in	67
accordance with rules adopted under section 4783.14 of the Revised	68
Code.	69

Sec. 4783.14. The department of health shall adopt rules in	70
accordance with Chapter 119. of the Revised Code to establish all	71
of the following:	72

(A) Educational and other requirements for licensure as a	73
home health care worker.	74

(B) Any information an applicant for a home health care	75
worker license must submit under section 4783.04 of the Revised	76
Code;	77

(C) The application fee for a license to practice as a home	78
health care worker;	79

(D) The form, manner, and time period for license renewal	80
under section 4783.08 of the Revised Code and the license renewal	81
fee;	82

(E) Continuing education requirements and the form and manner	83
of submitting evidence of satisfactory completion of the	84
requirements;	85

(F) The violations for which the department may take action	86
under section 4783.12 of the Revised Code;	87

(G) Any other standards, procedures, or requirements the	88
department considers necessary to implement this chapter.	89

Sec. 4783.99. Whoever violates division (A) or (B) of section	90
4783.02 of the Revised Code is guilty of a minor misdemeanor on a	91
first offense and a misdemeanor of the third degree on each	92
subsequent offense.	93