4761-11-04 Representation; appearance; communication; applicability.

 

 

 

 

 

 

 

 

OHIO RESPIRATORY CARE BOARD

 

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

 

The Ohio Respiratory Care Board announces its intent to file and adopt four (4) amended rules, adopt five (5) new rules for Respiratory Care licensing under Section 4761 of the Ohio Revised Code; file and adopt nine (9) amended rules, and adopt five (5) new rule for Home Medical Equipment licensure, under Section 4752 of the Ohio Revised Code.   In addition, the Board has reviewed and will file no change rules in compliance with ORC 119.032.  All rule have been filed pursuant to Chapter 119.03 of the Revised Code and filing is in compliance with Chapter

119. of the Revised Code.

 

The following represents a summary of the proposed rule amendments, rescissions, and new rules:

 

Respiratory Care Licensing ORC 4761 rule amendments proposed:

 

4761-2-01        Board Organization: amended to note that the board "may" elect a hearing officer from among its members.

4761-11-04          Representation; appearance; communication; applicability: amended to clarify that the Board's appointed hearing officer is elected from among its members.

4761-11-11      Transcripts: amended to clarify that transcripts are available from the Board, if the transcript is on file at the Board office.

4761-11-13      Mileage reimbursement and witness fees: amended to be in compliance with ORC 119.094.

 

Respiratory Care Licensing ORC 4761 no change rules proposed:

 

4761-2-02        Personnel

4761-5-02        Admission to the Ohio credentialing examination 4761-5-05   Non-resident practice of respiratory care

4761-5-06        Respiratory care practice by polysomnographic technologists 4761-6-01 Limited permit application procedure

4761-7-03        Scope of respiratory care defined 4761-7-04          Supervision

4761-7-05        Administration of medications 4761-8-02   Licensees not in active practice

4761-9-02        General RCCE requirements and reporting mechanism 4761-9-03        Activities, which do not meet the Ohio RCCE requirements 4761-9-04  Ohio respiratory care law and professional ethics course 4761-9-07  Auditing for compliance with RCCE requirements

        Proper use of credentials

        Providing information to the board 4761-11-01  Filing of complaints

 

                                                Administrative procedure for refusal to issue or renew a license or permit, deny, suspend, or revoke a certificate or license

                                                Board imposition of penalties

4761-11-05      Authority and duties of the board or attorney hearing examiner 4761-11-07                    Filing

        Service

        Computation and extension of time 4761-11-10 Motions

4761-11-12      Subpoenas for purposes of hearing 4761-11-14                        Reports and recommendations

4761-11-16      Depositions and transcripts of prior testimony 4761-11-17                    Witnesses

                                                Expert testimony

                                                Exhibits

4761-12-01      Initial application fee 4761-12-02                    Renewal fees

4761-12-03      Replacement of license or certificate

Respiratory Care Licensing ORC 4761 new rules proposed:

        Definitions for accessing confidential personal information: proposed to comply with ORC 1347.15

        Procedures for accessing confidential personal information: proposed to comply with ORC 1347.15

        Valid reasons for accessing confidential personal information: proposed to comply with ORC 1347.15

        Confidentiality statutes: proposed to comply with ORC 1347.15

        Restricting and logging access to confidential personal information in computerized information systems: proposed to comply with ORC 1347.15

Home Medical Equipment facility Licensing ORC 4752 rule amendments proposed:

4761:1-2-01     Board Organization amended to note that the board "may" elect a hearing officer from among its members.

4761:1-3-01     Definition of terms: amended to correct definition of the "Joint Commission" and to clarify that an individual is a licensee.

4761:1-4-01     Recognition of accrediting organizations:  amended to change name to "the Joint Commission."

4761:1-8-03     Inspection fees: amended to correct a typographical error.

4761:1-8-04     License and certificate of registration replacement fees: amended to include identification cards within the context of the rule.

4761:1-10-03  Licensees and certificate holders must comply with investigations conducted by the board: amended to state that the facility "Authorized Representative" is the person that must comply with an investigation.

4761:1-12-01  Representation; appearance; communication; applicability: amended to correct a typographical error.

4761:1-12-12  Mileage reimbursement and witness fees: amended to be in compliance with ORC 119.094.

4761:1-12-16  Transcripts: amended to clarify that transcripts are available from the Board, if the transcript is on file at the Board office.

Home Medical Equipment facility Licensing ORC 4752 no change rules proposed:

4761:1-1-01                                                                                                              Public hearings on adoption, amendment, or rescission of rules;                                   methods of public notice

4761:1-2-02     Personnel

4761:1-3-02     Home medical equipment defined

4761:1-5-03     Failure to file a complete application for a license

4761:1-6-03     License and certificate of registration issuance and display

4761:1-6-04     Failure to file a complete application for a certificate of registration 4761:1-7-01                    Qualifications for license renewal

4761:1-7-02     Qualifications for certificate of registration renewal

4761:1-7-03     Lapsed license or certificate of registration reinstatement procedure 4761:1-8-01                    Fees

4761:1-8-02     Late fees

4761:1-10-01  Filing of complaints

4761:1-10-02  Authority of board investigators

4761:1-11-01  Administrative procedure for refusal to issue or renew a license, suspend, or revoke a license or impose a fine or other disciplinary action

4761:1-11-02  Board imposition of penalties

4761:1-11-03  Filing a request with the Ohio attorney general's office for injunctive relief or civil penalties

4761:1-11-04  Other disciplinary action

4761:1-12-02  Authority and duties of the board or attorney hearing examiner 4761:1-12-03  Filing

4761:1-12-04  Motions

4761:1-12-05  Service

4761:1-12-06  Computation and extension of time 4761:1-12-08  Exhibits

4761:1-12-09  Witnesses

4761:1-12-10  Subpoenas for purposes of hearing 4761:1-12-11  Expert testimony

4761:1-12-13  Depositions and transcripts of prior testimony 4761:1-12-14  Continuance of hearing

4761:1-12-15  Reports and recommendations 4761:1-12-17  Prior action by the board 4761:1-14-01  Inspection frequency

4761:1-15-01  Advertising and solicitation 4761:1-15-02  Signage

Home Medical Equipment Licensing ORC 4752 new rules proposed:

4761:1-16-01  Definitions for accessing confidential personal information: proposed to comply with ORC 1347.15

4761:1-16-02  Procedures for accessing confidential personal information: proposed to comply with ORC 1347.15

4761:1-16-03  Valid reasons for accessing confidential personal information: proposed to comply with ORC 1347.15

4761:1-16-04  Confidentiality statutes: proposed to comply with ORC 1347.15 4761:1-16-05  Restricting and logging access to confidential personal information in

computerized information systems: proposed to comply with ORC 1347.15

A public hearing will be held at 11:00 a.m., Tuesday, June 8, 2010 in room West B & C on the 31st Floor 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, [phone] 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.