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(125th General Assembly)(Substitute House Bill Number 105)
AN ACT
To amend sections 4745.01, 4761.02, 4761.03, and 4761.09 and
to
enact sections 4752.01
to 4752.09, 4752.11 to 4752.15, 4752.17 to 4752.19, and 4752.99
of
the Revised
Code to require home
medical equipment services
providers to be licensed by the Ohio
Respiratory Care Board or to be nationally accredited and registered by the Board.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4745.01, 4761.02, 4761.03, and 4761.09 be
amended and sections
4752.01,
4752.02, 4752.03, 4752.04,
4752.05,
4752.06, 4752.07, 4752.08, 4752.09, 4752.11, 4752.12, 4752.13, 4752.14, 4752.15, 4752.17, 4752.18, 4752.19, and 4752.99 of the Revised
Code
be enacted to read as follows:
Sec. 4745.01. (A) "Standard renewal procedure," as used in
Chapters 905.,
907., 909., 911., 913., 915., 918., 921., 923.,
927., 942., 943.,
953., 1321., 3710., 3713., 3719., 3731., 3742.,
3748., 3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169.,
4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,
4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,
4747.,
4749., 4752., 4753., 4755., 4757.,
4758., 4759., 4761., 4766.,
4773., and 4775. of the
Revised Code, means the license renewal
procedures specified in
this chapter. (B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
issue a license to engage in a specific profession, occupation,
or
occupational activity, or to have charge of and operate
certain
specified equipment, machinery, or premises. (C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or conferred
by a licensing agency by authority of which the licensee has or
claims the privilege to engage in the profession, occupation, or
occupational activity, or to have control of and operate certain
specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction. (D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed. (E) "Renewal" and "renewed," as used in this chapter and
in
the chapters of the Revised Code specified in division (A) of
this
section, includes the continuing licensing procedure
provided in
Chapter 3748. of the Revised Code and
rules adopted under it and
in sections 1321.05
and 3921.33 of the Revised Code, and as
applied to those
continuing
licenses any reference in this chapter
to the date of expiration
of any license shall be construed to
mean the due date of the
annual or other fee for the continuing
license.
Sec. 4752.01. As used in this chapter: (A) "Authorized health care professional" means a person
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery or
otherwise authorized under Ohio law to prescribe the use of home
medical equipment by a patient.
(B)
"Home medical equipment" means equipment that can stand
repeated use, is primarily and customarily used to serve a medical
purpose, is not useful to a person in the absence of illness or
injury, is appropriate for use in the home, and is one or more of the following: (1) Life-sustaining equipment prescribed by an authorized
health care professional that mechanically sustains, restores, or
supplants a vital bodily function, such as breathing;
(2) Technologically sophisticated medical equipment
prescribed by an authorized health care professional that requires
individualized adjustment or regular maintenance by a home medical
equipment services provider to maintain a patient's health care
condition or the effectiveness of the equipment;
(3) An item specified by the Ohio respiratory care board in rules adopted under
division (B) of section 4752.17 of the Revised Code. (C) "Home medical equipment services" means the sale,
delivery, installation, maintenance, replacement, or demonstration
of home medical equipment. (D) "Home medical equipment services provider" means a
person engaged in offering home medical equipment services to the public. (E) "Hospital" has the same meaning as in section 3727.01
of
the Revised
Code. (F) "Sell or rent" means to transfer ownership or the right
to
use property, whether in person or through an agent, employee,
or other
person, in return for compensation.
Sec. 4752.02. (A) Except as provided in division (B) of
this section, no person shall provide home medical equipment services or claim to the public to be a home medical equipment
services provider unless either of the following is the case: (1) The person holds a valid license issued under this chapter; (2) The person holds a valid certificate of registration issued under this chapter. (B) Division (A) of this section does not apply to any
of
the following: (1) A health care practitioner, as defined in section
4769.01 of the Revised Code, who does not sell or rent home
medical equipment; (2) A hospital that provides home medical equipment
services
only as an integral part of patient care and does not
provide the
services through a separate
entity that has its own medicare or
medicaid provider number; (3) A manufacturer or wholesale distributor of home
medical
equipment that does not sell directly to the
public; (4) A hospice care program, as defined by section 3712.01
of
the Revised Code, that does not sell or
rent home medical
equipment; (5) A home, as defined by section 3721.01 of the
Revised
Code; (6) A home health agency that is certified under Title XVIII
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.
1395, as a provider of home health services and does
not
sell or
rent home medical
equipment; (7) An individual who holds a current, valid license issued
under Chapter 4741. of the Revised Code to practice veterinary
medicine;
(8) An individual who holds a current, valid license issued
under Chapter 4779. of the Revised Code to practice orthotics,
prosthetics, or pedorthics;
(9) A pharmacy licensed under Chapter 4729. of the Revised
Code that either does not sell or rent home medical equipment or
receives total payments of less than ten thousand dollars per year
from selling or renting home medical equipment;
(10) A home dialysis equipment provider regulated by federal
law.
Sec. 4752.03. (A) A person seeking to comply with division (A) of section 4752.02 of the Revised Code shall do either of the following: (1) Apply for a license issued under this chapter;
(2) Apply for a certificate of registration issued under this chapter on the basis of being accredited by the joint commission on accreditation of healthcare organizations or another national accrediting body recognized by the Ohio respiratory care board, as specified in rules adopted under section 4752.17 of the Revised Code.
(B) A person intending to provide home medical equipment services from more than one facility shall apply for a separate license or certificate of registration for each facility.
Sec. 4752.04. A person seeking a license to provide
home
medical equipment services shall apply to the Ohio respiratory
care board on a form the board shall prescribe and provide. The
application must be accompanied by the license application fee
established in rules adopted under section 4752.17 of the
Revised
Code and specify the name and location
of the facility from which services
will be provided. Sec. 4752.05. (A) The Ohio respiratory care board shall issue a
license to provide home medical equipment
services to each
applicant under section 4752.04 of the Revised Code that meets either of the following requirements: (1) Meets the standards established by the board in rules
adopted under section 4752.17 of the Revised Code; (2) Is a pharmacy licensed under Chapter 4729. of the
Revised Code that receives total payments of ten thousand dollars
or more per year from selling or renting home medical equipment. (B) During the period ending one year after the effective
date of this section, an applicant that does not meet either of the
requirements of division (A) of this section shall be granted a provisional license if for at least twelve months prior to the
effective date of this section the applicant was engaged in the
business of providing home medical equipment services. The provisional license expires one year following the date on which it is issued and is not subject to renewal under section 4752.06 of the Revised Code. (C) The board may conduct a personal interview of an
applicant, or an applicant's representative, to determine the
applicant's qualifications for licensure. (D) A license issued under division (A) of this section is valid from the
day it is issued until the thirtieth day of June that immediately follows the date of issue. Thereafter a license is valid only if it is renewed in accordance with section
4752.06
of the Revised Code biennially on or before the thirtieth day of June. (E) Any license issued under this section is valid only for
the facility named in the application.
Sec. 4752.06. Except for a provisional license issued under section 4752.05 of the Revised Code, a license issued under this chapter shall be
renewed by the Ohio respiratory care board if the license holder
is
in compliance with the applicable requirements of this
chapter. An application for license renewal shall be accompanied by
the renewal fee established in rules adopted under section
4752.17
of the Revised Code and documentation satisfactory to the board
that the continuing education requirements of section 4752.07 of
the Revised Code have been met. Renewals shall be made in
accordance with
the standard renewal procedure established under
Chapter 4745. of
the Revised Code.
Sec. 4752.07. The holder of a license issued under this
chapter shall do all of the following: (A) Maintain a physical facility and a medical equipment
inventory; (B) Establish equipment management and personnel
policies; (C) Provide life-sustaining home medical equipment, as
described in division (B)(1) of section 4752.01 of the Revised
Code, and
related home medical equipment services twenty-four hours per day, seven days per week; (D) Require persons in its employ or under its control who
provide home medical equipment services to successfully complete
continuing education programs in home medical equipment services
that meet the standards established by rule adopted under
section
4752.17 of the Revised
Code and maintain records on
participation
in those programs; (E) Maintain records on all individuals to whom it provides
home medical equipment and services; (F)
Maintain liability insurance, including coverage for
professional and products liability; (G) Comply with all other requirements established by rule
adopted under section 4752.17 of the Revised Code that apply to persons licensed under this chapter.
Sec. 4752.08. (A) The Ohio respiratory care board may
inspect the operations and facility, subpoena the records, and
compel
testimony of employees of any home medical equipment
services provider licensed under this chapter.
Inspections shall be conducted as provided in
rules adopted by the board under
section 4752.17 of the Revised
Code. (B)
The board shall employ investigators who shall, under
the
direction of the executive director of the board, investigate
complaints and conduct inspections. Pursuant to an
investigation
or inspection, investigators may review and
audit records during
normal business hours at the place of
business of the person being
investigated. The board and its
employees shall not disclose
confidential information obtained
during an investigation, except
pursuant to a court order.
(C) The board shall send the provider a report of the
results of an inspection. If the board determines that the
provider is not in compliance with any requirement of this
chapter applicable to providers licensed under this chapter, the board may direct the provider to attain compliance.
Failure of the provider to comply with the directive is grounds
for action by the board under division (A)(1) of section 4752.09
of the Revised Code.
(D)
A provider that disputes the
results of an inspection
may file an appeal with the board not later
than ninety
days after
receiving the inspection report. The board shall
review the
inspection
report and, at the request of the
provider, conduct a
new
inspection.
Sec. 4752.09. (A) The Ohio respiratory care board may,
in
accordance
with Chapter 119. of the Revised Code, suspend or
revoke a license issued under this chapter
or discipline a license
holder by imposing a fine of not more than five
thousand dollars
or taking
other disciplinary action on any of the following
grounds: (1)
Violation of any provision of this chapter or an order
or
rule
of the board, as those provisions, orders, or rules are applicable to persons licensed under this chapter; (2) A plea of guilty to or a judicial finding of guilt of a
felony or a misdemeanor that involves dishonesty or is directly
related to the provision of home medical equipment services; (3) Making a material misstatement in furnishing information
to
the board; (4) Professional incompetence; (5) Being guilty of negligence or gross misconduct in
providing
home medical equipment services; (6) Aiding, assisting, or willfully permitting another
person to
violate any provision of this chapter or an order or
rule of
the board, as those provisions, orders, or rules are applicable to persons licensed under this chapter; (7) Failing, within sixty days, to provide information in
response
to a written request by the board; (8) Engaging in conduct likely to deceive, defraud, or harm
the
public; (9) Denial, revocation, suspension, or restriction of a
license
to provide home medical equipment services, for any reason
other
than failure to renew, in another state or jurisdiction; (10) Directly or indirectly giving to or receiving from any
person a fee, commission, rebate, or other form of compensation
for services not rendered; (11) Knowingly making or filing false records, reports, or
billings in the course of providing home medical equipment services, including false records, reports, or billings prepared
for or submitted to state and federal agencies or departments; (12) Failing to comply with federal rules issued pursuant to
the
medicare program established under Title
XVIII of the
"Social
Security
Act," 49
Stat. 620(1935), 42 U.S.C. 1395,
as
amended,
relating to operations, financial transactions, and general
business practices of home medical services providers. (B) The respiratory care board immediately may suspend a license
without
a hearing if it
determines that there is evidence that the license
holder is
subject to actions under this section and
that there is
clear and convincing evidence that continued
operation by the
license holder presents an immediate and
serious harm to the
public. The president and executive
director of the board shall
make a preliminary determination and
describe, by telephone conference or any other method of communication, the evidence on
which they made their determination to
the other members of the
board. The board may by resolution
designate another board member
to act in place of the president
of the board or another employee
to act in the place of the
executive director, in the event that
the board president or
executive director is unavailable or
unable
to act. On
review of the evidence, the board may by
a
vote of not less than seven of its members, suspend a license without a prior hearing. The board may vote on the suspension by way of a telephone conference call. Immediately following the decision to suspend a license under
this division,
the board shall issue a written
order of suspension
and cause it to be delivered in accordance with section
119.07 of
the
Revised
Code. The order shall not be subject to suspension
by
the
court during the pendency of any appeal filed under section
119.12 of the
Revised
Code. If the license holder requests
an
adjudication hearing, the date set for the hearing shall be
within
fifteen days but not earlier than seven days after the
license
holder requests the hearing, unless another date is
agreed to by
the license holder and the board. The
suspension shall remain in
effect, unless reversed by the board,
until a final adjudication
order issued by the board pursuant to
this section and
Chapter
119. of the
Revised
Code
becomes
effective. The board shall issue
its final adjudication order
not later than ninety days after
completion of the hearing. The
board's failure to issue the order
by that day shall cause
the summary suspension to end, but shall
not affect the validity of any
subsequent final adjudication
order. Sec. 4752.11. (A) A person seeking a certificate of registration to provide home medical equipment services shall apply to the Ohio respiratory care board on a form the board shall prescribe and provide. The application must be accompanied by the registration fee established in rules adopted under section 4752.17 of the Revised Code.
(B) The applicant shall specify in the application all of the following:
(1) The name of the facility from which services will be provided;
(2) The facility's address;
(3) The facility's telephone number;
(4) A person who may be contacted with regard to the facility;
(5) The name of the national accrediting body that issued the accreditation on which the application is based;
(6) The applicant's accreditation number and the expiration date of the accreditation;
(7) A telephone number that may be used twenty-four hours a day, seven days a week, to obtain information related to the facility's provision of home medical equipment services.
Sec. 4752.12. (A) The Ohio respiratory care board shall issue a certificate of registration to provide home medical equipment services to each applicant who submits a complete application under section 4752.11 of the Revised Code. For purposes of this division, an application is complete only if the board finds that the applicant holds accreditation from the joint commission on accreditation of healthcare organizations or another national accrediting body recognized by the board, as specified in rules adopted under section 4752.17 of the Revised Code.
(B) A certificate of registration issued under this section is valid from the day it is issued until the thirtieth day of June that immediately follows the date of issue. Thereafter, a certificate of registration is valid only if it is renewed in accordance with section 4752.13 of the Revised Code biennially on or before the thirtieth day of June.
(C) A certificate of registration issued under this section is valid only for the facility named in the application.
Sec. 4752.13. A certificate of registration issued under this chapter shall be
renewed by the Ohio respiratory care board if the certificate holder
is
accredited by the joint commission on accreditation of healthcare organizations or another national accrediting body recognized by the board, as specified in rules adopted under section 4752.17 of the Revised Code. An application for renewal of a certificate of registration shall be accompanied by
the renewal fee established in rules adopted under section
4752.17
of the Revised Code. Renewals shall be made in
accordance with
the standard renewal procedure established under
Chapter 4745. of
the Revised Code. Sec. 4752.14. The Ohio respiratory care board shall enter into a cooperative agreement with each of the national accrediting bodies it recognizes in rules adopted under section 4752.17 of the Revised Code for purposes of issuing certificates of registration under this chapter. The board shall ensure that each cooperative agreement establishes or specifies standards or procedures regarding a complaint process, patient safety and care, and any other matter the board considers appropriate for home medical equipment services providers that receive certificates of registration under this chapter.
Sec. 4752.15. (A) The Ohio respiratory care board shall, in accordance with Chapter 119. of the Revised Code, suspend or revoke a certificate of registration issued under this chapter if it learns from any source that the accreditation on which the certificate of registration was issued has been revoked or suspended or is otherwise no longer valid.
(B) If the status of the accreditation on which a certificate of registration is issued under this chapter changes for any reason, the holder of the certificate shall notify the board. On receipt of the notice, the board shall take action under division (A) of this section, if appropriate. Sec. 4752.17. (A) The Ohio respiratory care board shall
adopt
rules to implement and administer this chapter. The rules
shall
do all of the following: (1) Specify items considered to be home medical equipment for purposes of divisions (B)(1) and (2) of section 4752.01 of the Revised Code; (2) Establish procedures for issuance and renewal of licenses and certificates of registration under this chapter, including the duties that may be fulfilled by the board's executive director and other board employees; (3) Specify the national accrediting bodies the board recognizes for purposes of issuing certificates of registration under this chapter; (4) Establish standards an applicant must meet to be eligible to be
granted a license under section 4752.05 of
the
Revised Code; (5) Establish standards for personnel policies, equipment
storage,
equipment maintenance, and record keeping to be followed by home medical equipment services providers licensed under this chapter; (6) Establish standards for continuing education programs in home
medical equipment services for individuals who provide home
medical
equipment services while employed by or under the
control of a
home medical equipment services provider licensed under this chapter; (7) Establish standards and procedures for inspection of home
medical
equipment providers licensed under this chapter and the facilities from which their home
medical
equipment services are provided and for appeal of
inspection
results; (8) Establish fees for issuing and renewing licenses under this chapter, in an amount sufficient to meet the expenses the board incurs in administering the licensing program; (9) Establish fees for conducting inspections of home medical equipment services providers licensed under this chapter, in an amount sufficient to meet the expenses the board incurs in administering the inspection program; (10) Establish fees for issuing and renewing certificates of registration under this chapter, in an amount sufficient to meet the expenses the board incurs in administering the registration program; (11) Establish any other standards, requirements, or procedures the
board considers necessary for the implementation or
administration
of this chapter. (B) The board may adopt rules specifying items
that are considered home medical equipment for purposes of
division (B)(3) of section 4752.01 of the Revised Code. (C) Rules shall be adopted under this chapter in
accordance
with Chapter 119. of the Revised
Code. Prior to adopting any
rule, the board shall consult with
representatives of any
association of home medical equipment services
providers that do
business in this state. Sec. 4752.18. All moneys the Ohio respiratory care board receives under this chapter, from any source, shall be deposited into the state treasury to the credit of the occupational licensing and regulatory fund created under section 4743.05 of the Revised Code.
Sec. 4752.19. (A) At the request of the Ohio respiratory care board, the attorney general may bring a civil action for
appropriate relief, including a temporary restraining order,
preliminary or permanent injunction, and civil penalties, in the
court of common pleas of the county in which a violation has
occurred, is occurring, or is threatening to occur against any
person who has
violated, is violating, or threatens to violate section 4752.02 of
the Revised Code. In accordance with the
Rules of Civil Procedure, the court of common pleas in which an
action for injunction is filed has jurisdiction to grant, and
shall grant, a temporary restraining order and preliminary and
permanent injunctive relief upon a showing that the person against whom the action is
brought has violated, is violating, or threatens to violate section 4752.02 of the Revised Code. In an
action for a civil penalty, the court may impose upon a
person found to have violated section 4752.02 of the Revised Code a civil
penalty of not less than five hundred and not more than two thousand five hundred dollars for each day of
violation. Moneys resulting from civil penalties imposed under
this section shall be deposited into the state treasury to the credit of the occupational licensing and regulatory fund created
under section 4743.05 of the Revised Code. (B) The remedies provided in this section are in addition
to remedies otherwise available under any federal or state law or
ordinance of a municipal corporation.
Sec. 4752.99. Whoever violates division (A) of section
4752.02
of the Revised Code is guilty of a minor misdemeanor on
the first offense. On the second
offense, the person is guilty of
a misdemeanor of the fourth degree. On each
subsequent offense,
the person is guilty of a misdemeanor of the first degree.
Sec. 4761.02. The governor, with the advice and consent of
the senate, shall appoint the Ohio respiratory care board,
consisting of
five
nine residents of this state. Three Five members
of the
board shall be respiratory care professionals who were
engaged in
or actively associated with the practice of respiratory
care in
this state for at least five years immediately preceding
appointment.
Two members shall be home medical equipment services
providers with not less than five years of management experience
in home medical equipment services prior to appointment. One
member
shall be a physician who has clinical training and
experience in
the management of pulmonary disease. One member
shall represent
the public. After the term of a member of the board expires or becomes
vacant, the Ohio state medical association may submit to the
governor the names of nominees for the board position to be
filled
by a physician. The board of directors of the Ohio
society for
respiratory care, inc., may recommend to the governor
at least
three persons for each board position to be filled by a
respiratory care professional.
The American lung association
of
Ohio may submit to the governor the names of nominees for the
board position to be filled by a person representing the public.
The Ohio association of medical equipment services may submit to
the governor the names of nominees for the two board positions to
be filled by home medical equipment services providers. The governor
shall consider these nominees in making the
appointments. Terms
Of the two additional members of the board to be appointed who are respiratory care professionals who were engaged in or actively associated with the practice of respiratory care in this state for at least five years immediately preceding appointment, one shall be appointed for a term ending the fourteenth day of March immediately following the date that is one year after the effective date of this amendment and one for a term ending on the fourteenth day of March immediately following the date that is two years after the effective date of this amendment. Of the initial two home medical equipment services providers
appointed to the board, one shall be appointed for a term ending
the fourteenth day of
March immediately following the date that is one
year after the effective date of this amendment and one for a term
ending the fourteenth day of March immediately following the date
that is two years after the effective date of this amendment.
Thereafter, terms of
office shall be for three years, each term
ending on the same day
of the same month of the year as did the
term which it succeeds.
A member shall serve subsequent to the
expiration of the member's term
until
a
the member's successor is
appointed and qualifies, or until a period
of sixty days has
elapsed, whichever occurs first. Each member,
before entering
upon the duties of office, shall subscribe to
and file with the
secretary of state the oath of office required
under Section 7 of
Article XV, Ohio Constitution. Vacancies
shall be filled in the
manner prescribed for the regular
appointments to the board and
shall be limited to the unexpired
terms. Members of the board may
be reappointed.
Annually, upon the qualification of the member or members
appointed in that year, the Ohio respiratory care board shall
organize and shall select from its members a president and
secretary. A majority of the members of the board shall
constitute a quorum to transact and vote on the business of the
board.
Each member of the board shall receive an amount fixed
pursuant to division (J) of section 124.15 of the Revised Code
for
each day actually employed in the discharge of the member's
duties. In addition, each member shall receive actual and
necessary
expenses incurred in the performance of the member's
official
duties. The board shall employ an executive director who shall
be in
the
unclassified service of the state. The executive
director
shall assist the board in
the administration and enforcement of
this chapter and shall employ
individuals as the board considers
necessary to
provide that assistance.
Sec. 4761.03. The Ohio respiratory care board shall
regulate
the practice of respiratory care in this state and the persons to
whom the board issues licenses and limited permits
and shall
license and register home medical equipment services providers under Chapter
4752. of the Revised Code under this
chapter.
Rules adopted under
this chapter that deal with the
provision of
respiratory care in a
hospital, other than rules
regulating the
issuance of licenses or
limited permits, shall be
consistent with the
conditions for
participation under medicare,
Title XVIII of the
"Social Security
Act," 79 Stat. 286
(1965), 42
U.S.C.A. 1395, as amended,
and with
the respiratory care
accreditation standards of the
joint
commission on accreditation
of healthcare
organizations or
the
American osteopathic
association. The board shall: (A) Adopt, and may rescind or amend, rules in accordance
with Chapter 119. of the Revised Code to carry out the purposes
of
this chapter, including rules prescribing: (1) The form and manner for filing applications for
licensure and renewal, limited permits, and limited permit
extensions under sections 4761.05 and 4761.06 of the
Revised Code; (2) The form, scoring, and scheduling of examinations and
reexaminations for licensure and license renewal; (3) Standards for the approval of educational programs
required to qualify for licensure and continuing education
programs required for license renewal; (4) Continuing education courses and the number
of hour
requirements necessary for license renewal, in accordance with
section 4761.06 of the Revised Code; (5) Procedures for the issuance and renewal of licenses
and
limited permits, including the duties that may be fulfilled by the board's executive director and other board employees; (6) Procedures for the denial, suspension, permanent
revocation,
refusal to renew, and reinstatement of licenses and
limited permits,
the
conduct of hearings, and the imposition of
fines for engaging in
conduct that is grounds for such action and
hearings under
section 4761.09 of the Revised Code; (7) Standards of ethical conduct for the practice of
respiratory care; (8) Conditions under which the license renewal fee and
continuing education requirements may be waived at the request of
a licensee who is not in active practice; (9) The respiratory care tasks that may be performed by an
individual practicing as a polysomnographic technologist pursuant
to division
(B)(3) of section 4761.10 of the Revised Code; (10) Procedures for registering out-of-state respiratory
care
providers authorized to practice in this state under division
(A)(4) of section 4761.11 of the
Revised Code. (B) Determine the sufficiency of an applicant's
qualifications for admission to the licensing examination or a
reexamination, and for the issuance or renewal of a license or
limited permit; (C) Determine the respiratory care educational programs
that
are acceptable for fulfilling the requirements of division
(A) of
section 4761.04 of the Revised Code; (D) Schedule, administer, and score the licensing
examination or any reexamination for license renewal or
reinstatement. The board shall administer the licensing
examinations
at
least twice a year and notify applicants of the
time and place of the examinations. (E) Investigate complaints concerning alleged violations
of
section 4761.10 of the Revised Code or grounds for the
suspension,
permanent revocation, or refusal to issue licenses or
limited
permits under section 3123.47 or 4761.09 of
the Revised Code.
The
board
shall employ investigators who shall, under the
direction of
the
executive director of the board, investigate
complaints and
make
inspections and other inquiries as, in the
judgment of the
board,
are appropriate to enforce sections
3123.41 to
3123.50,
4761.09, and 4761.10 of the
Revised Code.
Pursuant to an
investigation and inspection,
the investigators may
review and
audit records
during normal business hours at the place
of
business
of a licensee or person who is the subject of a
complaint
filed with the board
or at any place where the
records
are kept.
Except when required by court order, the board and its
employees shall
not disclose
confidential information obtained
during an investigation or identifying
information about any
person
who files a complaint with the board. The board may hear testimony in matters relating to the
duties imposed upon it and issue subpoenas
pursuant to an
investigation. The president and
secretary of the board may
administer oaths. (F) Conduct hearings, keep records of its proceedings, and
do all such other things as are necessary and proper to carry out
and enforce the provisions of this chapter; (G) Maintain, publish, and make available upon request,
for
a fee not to exceed the actual cost of printing and mailing: (1) The requirements for the issuance of licenses and
limited permits under this chapter and rules adopted by the board; (2) A current register of every person licensed to
practice
respiratory care in this state, to include the addresses
of the
person's last known place of business and residence, the
effective
date and identification number of the license, the name
and
location of the institution that granted the person's degree
or
certificate of completion of respiratory care educational
requirements, and the date the degree or certificate was issued; (3) A list of the names and locations of the institutions
that each year granted degrees or certificates of completion in
respiratory care; (4) After the administration of each examination, a list
of
persons who passed the examination. (H) Submit to the governor and to the general assembly
each
year a report of all of its official actions during the
preceding
year, together with any findings and recommendations
with regard
to the improvement of the profession of respiratory
care; (I) Administer and enforce Chapter 4752. of the Revised
Code.
Sec. 4761.09. (A) The Ohio respiratory care board may
refuse
to issue or renew a license or a limited permit, may issue
a reprimand,
may suspend or permanently revoke a license or
limited permit, or may
place a license or
limited permit holder on
probation, on any of the following grounds: (1) A plea of
guilty to, a judicial finding of guilt of, or
a judicial finding
of eligibility for intervention in lieu of
conviction for
an offense involving moral turpitude or
of a
felony, in which case a certified
copy of the court record shall
be conclusive evidence of the matter; (2) Violating any provision of this chapter or an order or
rule of the board; (3) Assisting another person in that person's violation of
any provision
of this chapter or an order or rule of the board; (4) Obtaining a license or limited permit by means of
fraud,
false
or misleading representation, or concealment of material
facts or making
any other material misrepresentation to the board; (5) Being guilty of negligence or gross misconduct in the
practice of respiratory care; (6) Violating the standards of ethical conduct adopted by
the board, in the practice of respiratory care; (7) Engaging in dishonorable, unethical, or
unprofessional
conduct of a
character likely to deceive, defraud, or harm the
public; (8) Using any dangerous drug, as
defined in section 4729.01
of the Revised Code,
or alcohol to the
extent that the use impairs
the ability to practice respiratory care
at an acceptable level of
competency; (9) Practicing respiratory care while mentally
incompetent; (10) Accepting commissions, rebates, or other forms of
remuneration for patient referrals; (11) Practicing in an area of respiratory care for which
the
person is clearly untrained or incompetent or practicing
in a
manner that conflicts with section 4761.17 of the Revised
Code; (12) Employing, directing, or supervising a person who is
not authorized to practice respiratory care under this chapter in
the performance of respiratory care procedures; (13) Misrepresenting educational attainments or
authorized
functions for the purpose of obtaining some benefit related to
the
practice of respiratory care; (14) Assisting suicide as defined in section 3795.01 of the
Revised Code. Before the board may take any action under this section,
other than
issuance
of a
summary suspension order under division
(C) of this section, the
executive director of the board shall
prepare and file written charges with the board.
Disciplinary
actions taken
by the board under this section shall be taken
pursuant to an adjudication
under Chapter 119. of the Revised
Code,
except that in lieu of an
adjudication, the board may enter
into a consent agreement to
resolve an allegation of a violation
of this chapter or any rule
adopted under it. A consent
agreement, when ratified by the
board, shall constitute the
findings and order of the board with
respect to the matter
addressed in the agreement. If the board
refuses to ratify a
consent agreement, the admissions and findings
contained in the
consent agreement shall be of no effect. (B) If the board orders a license or limited permit holder
placed on
probation, the order shall be accompanied by a written
statement
of the conditions under which the person may be restored
to
practice. The person may reapply to the board for original issuance
of
a license after one year following the date the license was
denied. A person may apply to the board for the reinstatement of a
license or limited permit after one year following the date of
suspension or refusal to renew. The board may
accept or refuse
the application for reinstatement and may
require that the
applicant pass a reexamination as a condition of
eligibility for
reinstatement. (C) If the president and secretary of the board
determine
that there is clear and convincing evidence that a
license or
limited permit holder has committed an act that is
grounds for
board action under division
(A) of this section and that
continued
practice by the license or permit holder presents a
danger of
immediate and serious harm to the public, the
president and
secretary may recommend that the board suspend the
license or
limited permit without a prior hearing. The
president and
secretary shall submit in writing to the board the
allegations
causing them to recommend the suspension. On review of the allegations, the board, by a vote of not
less than four seven of its members, may suspend a license or limited
permit without a prior hearing. The board may review the
allegations and vote on the suspension by a telephone conference
call. If the board votes to suspend a license or limited permit
under this division, the board shall issue a written order of
summary suspension to the license or limited permit holder in
accordance with section 119.07 of the
Revised
Code. If the
license or
limited permit holder requests a hearing by the board,
the board
shall conduct the hearing in accordance with
Chapter
119. of the Revised Code. Notwithstanding section 119.12 of the
Revised Code, a court of common pleas shall not grant a suspension
of the
board's order of summary
suspension pending determination
of an appeal filed under that
section. Any order of summary suspension issued under this division
shall remain in effect until a final adjudication order issued
by
the board pursuant to division
(A) of this section becomes
effective. The board shall issue its final adjudication order
regarding an order of summary suspension issued under this
division not later than sixty days after completion of its
hearing. Failure to issue the order within sixty days shall
result in immediate dissolution of the suspension order, but
shall
not invalidate any subsequent, final adjudication order.
SECTION 2. That existing sections 4745.01, 4761.02, 4761.03, and 4761.09 of the Revised
Code are hereby repealed.
SECTION 3. Not later than ninety days after the effective date of this act, the Governor with the advice and consent of the Senate shall make the additional appointments to the Ohio Respiratory Care Board under section 4761.02 of the Revised Code, as amended by this act.
SECTION 4. Section 4752.02 of the Revised Code shall take effect one year after the effective date of this act. Section 4761.09 of the Revised Code shall take effect ninety days after the effective date of this act.
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