4761-11-10 Motions.  

  • Text Box: ACTION: Original Text Box: DATE: 03/07/2005 8:06 AM

     

     

     

     

     

     

     

     

    OHIO RESPIRATORY CARE BOARD

     

    NOTICE OF PUBLIC HEARING OF INTENT TO ADOPT NEW OHIO ADMINISTRATIVE RULES

     

    The Ohio Respiratory Care Board announces its intent to adopt fifty-four new rules to for Home Medical Equipment (HME) licensure and registration under Section 4752 of the Revised Code and amend seventeen existing rules for Respiratory Care licensing under Section 4761 of the Ohio Revised Code.  These rules are being filed in compliance with Chapter 119. of the Revised Code.

     

    The following represents a summary of the proposed HME rules:

     

    4761:1-1-01:  Public hearings on adoption, amendment, or rescission of rules: methods of public notice.  Rule establishes the procedure for adoption, amendment, or rescission of rules and method of public notification under Section 4752 of the Revised Code.

     

    4761:1-1-02:  Notice of board meetings. Rule establishes the procedure for notification of board meetings and the accountability standards for Board notification.

     

    4761:1-2-01:   Board organization. Rule establishes the board officers and positional appointment of members.

     

    4761:1-2-02:  Personnel.  Rule provides for the employment of an Executive Director and duties of the Executive Director.

     

    4761:1-2-03:  Board Records. Lists Board standards for maintenance of applicant, licensee and registrant records kept by the Board.

     

    4761:1-2-04:  Personal Information Systems.  Establishes the regulations on the security and maintenance of personal information systems containing information on licensees and registrants.

     

    4761:1-3-01:  HME Definitions.  Establishes definition of terms used in the rules regulating the practice of HME services.

     

    4761:1-4-01:  Recognition of Accredited Organizations. Lists the criteria for recognition of accrediting organizations for home medical equipment facilities.

     

     

     

     

     

     

     

     

     

     

    4761:1-5-01:  Qualifications for licensure.  Establishes the minimum qualifications for qualify for issuance of a home medical equipment facility license.

    4761:1-5-02:  Application for requirements. Establishes the data requirements for the license application form.

    4761:1-6-01:  Qualifications to obtain a certificate of registration. Establishes the minimum qualifications for qualify for issuance of a home medical equipment facility certificate of registration.

    4761:1-6-02:  Application form requirements to apply for a certificate of registration. Establishes the data requirements for the certificate of registration application form.

    4761:1-6-03:  License and certificate of registration issuance and display.  Requires the Board to issue a license or certificate of registration to qualifying applicants, the biennial date of expiration, and the required data on the certificate or license document.

    4761:1-7-01:  Qualifications for license renewal. Establishes the minimum qualifications for the biennial renewal of a home medical equipment facility license.

    4761:1-7-02:  Qualifications for certificate of registration renewal. Establishes the minimum qualifications for the biennial renewal of a home medical equipment facility certificate of registration.

    4761:1-7-03:  Lapsed license or certificate of registration reinstatement procedure. Establishes renewal procedure for a lapsed license or certificate of registration.

    4761:1-8-01:  Fees.  Establishes the fees for initial license and registration application and biennial renewal of licenses and certificates of registration.

    4761:1-8-02:  Late Fees.  Establishes the late fees for biennial renewal of licenses and certificates of registration that are not renewed on time.

    4761:1-8-03:  Inspection Fees Establishes the procedure for determining fees for the inspection of licensed HME facilities.

    4761:1-8-04:  License and certificate of registration replacement fees. Establishes the fee to replace a lost, stolen or destroyed wall certificate.

    4761:1-9-01:  Standards of practice for license holders. Establishes the standards for practice for facilities licensed by the Board.

    4761:1-9-02:  Standards for maintaining a facility. Establishes the standards for maintaining the

    physical facility.

    4761:1-9-03:  Standards for maintaining equipment.  Establishes the standards licensees must meet for maintaining HME equipment.

    4761:1-9-04:  Client records. Establishes the maintenance standards for client records held by the licensed facility and the minimum records required.

    4761:1-9-05:  Personnel. Establishes the minimum personnel requirements and personnel records requirements for licensed facilities.

    4761:1-10-01: Filing of complaints.  Establishes the procedures for filing a complaint with the Board.

    4761:1-10-02: Authority of board investigators. Establishes the Board's authority to conduct investigations of licensed and registered facilities, appointment of investigative personnel and initiation standards for beginning an investigation.

    4761:1-10-03: Licensees and certificate holders must comply with investigations conducted by the board.  States that licensee's must comply with investigations conducted by the board.

    Noncompliance is considered grounds for discipline.

    4761:1-11-01: Administrative procedure for refused to issue or renew a license, suspend, or revoke a license or impose a fine or other disciplinary action. States notice of hearing requirements pursuant to Chapter 119 of the Revised Code.

    4761:1-11-02: Board imposition of penalties. Lists the Board's authority to impose disciplinary actions for both licensees and certificate of registration holders and the types of disciplinary action authorized.

    4761:1-11-03: Filing a request with the Ohio attorney general's office for injunctive relief or civil penalties. Establishes the procedure and report to be used by the board to file an injunction request with the Ohio attorney general's office.

    4761:1-11-04: Other disciplinary action. Lists other discipline that may be imposed by the board for violations of the home medical equipment practice act.

    4761:1-12-01 through 4761:1-12-17: Administrative hearing rules. Being proposed to establish hearing conduct procedures.

    4761:1-13-01: Continuing education standards. Establishes the continuing education requirements for personnel employed by a licensed home medical equipment facility.

    4761:1-14-01: Inspection frequency. Establishes that licensed facilities will be inspected once every four years and unannounced inspection requirements.

    4761:1-14-02: Inspection requirements. Lists the facility access requirements and records availability for purposes of facility inspections.

    4761:1-15-01: Advertising and Solicitation. Establishes rules on the advertising and solicitation of HME services.

    4761:1-15-02: Signage.  Establishes the rules on use of signs to advertise services.

    The following represents a summary of the proposed amended respiratory care licensing rules:

    4761-1-02:      Notice of Board Meetings.  Changes office hours.

                                      :   Board Organization.  Provides new language for the appointment of committees.

                                      :   Personnel. Adds the duties and authority of the Executive Director.

    4761-3-01:      Definitions of terms.  Adds clarifying language on the meaning of "licensee" and add seven new definitions related to the administration of medications to induce mild to moderate sedation.

    4761-4-02:      Monitoring of Ohio respiratory care educational programs by the education committee of the Ohio respiratory care board.   Changes "letter of accreditation" to "letter of good standing."

    4761-5-04:      License application procedure.  Removes language needed to comply with prior rule amendments.

    4761-6-01:      Limited permit application procedure.  Removes language needed to comply with prior rule amendments and adds addition language on qualifying for an unusual hardship extension.

            :            Supervision.  Adds language requiring limited permit supervision to be in the facility.

            :            Administration of medications. For respiratory care procedures, adds new language on the administration of medications for the purpose of inducing mild to moderate sedation under the supervision of a prescribing physician.

    4761-10-03:    Providing information to the board.  Removes redundant language.

    4761-11-01:    Filing of complaints.  Adds clarifying language on the closure of investigations.

    4761-11-03:    Board imposition of penalties. Increases fine ceiling from five hundred dollars to one thousand.

                                          :   Service.  Adds clarifying language on the service date of documents received.

                                          :   Computation and extension of time.  Corrects citation of rule error.

                                          :   Motions.  Corrects citation of rule error.

    4761-11-12:    Subpoenas for purposes of hearing.  Corrects citation of rule error.

    4761-11-19:    Exhibits.  Changes requirements for number of exhibit copies from six copies to ten copies.

    A public hearing will be held at 1:00 p.m., Thurs., April 14, 2005 in room 1918 of the Vern Riffe Center for Government, 77 South High St., Columbus, Ohio.  At the public hearing, persons affected by the proposed rule revisions may appear and be heard in person, or by an attorney, or may submit written or oral testimony, examine witnesses and present evidence to show that the proposed rule, if adopted, will be unreasonable, or unlawful.  Persons intending to testify before the Ohio Respiratory Care Board should notify: Christopher H. Logsdon, MBA, RCP, Ohio Respiratory Care Board, 77 South High Street, 16th Fl., Columbus, Ohio 43215. Rules are available in printed form for the cost of copying and mailing by contacting: Ohio Respiratory Care Board, 77 South High St., 16th Fl. Columbus, OH 43215-6108, (614) 752-9218 or by obtaining a copy from the register of Ohio website: www.registerofohio.state.oh.us or by accessing the Ohio Respiratory Care Board's website: www.respiratorycare.ohio.gov or www.hme.ohio.gov.