3701-49-01.1 Fees for laboratory services (variable fees).

 

 

 

NOTICE OF PUBLIC HEARING

 

The Public Health Council (Council) of the Ohio Department of Health has proposed to amend existing rules 3701-35-01 and 3701-35-03 to 3701-35-08; to amend existing rules 3701-27-04, 3701-27-06, and 3701-27-06.1; to rescind existing rule 3701-12-07; to amend existing rules 3701-28-06 and 3701-28-20; to amend existing rules 3701-19-01, 3701-19-17, 3701-19-19,

and 3701-19-22, and to propose new rule 3701-19-27; to amend existing rule 3701-49-01.1; to rescind existing rule 3701-1-03; to amend existing rules 3701-21-01, 3701-21-02, 3701-21-

02.3, 3701-21-02.4, and 3701-21-26, and to adopt new rule 3701-21-27 of the Ohio Administrative Code.

 

Proposed amended existing rules 3701-35-01 and 3701-35-03 to 3701-35-08 pertain to marinas. This action was taken under authority of section 3733.22 of the Revised Code (R.C.). The amendments are being proposed for the purpose of clarifying existing rules and to update the rules to comply with changes in the Ohio Building Code and the Revised Code.

 

Proposed amended existing rules 3701-27-04, 3701-27-06, and 3701-27-06.1 pertain to manufactured home parks. This action was taken under authority of R.C. sections 3733.02 and 3733.04. The amendments are being proposed to increase fees submitted to the Ohio Department of Health for plan review of construction projects, inspection fees, and licensing fees.

 

Proposed rescinded rule 3701-12-07 pertains to certificate of need notices of intent. This rule was authorized by R.C. 3702.57 and 3702.528. The rule rescission is being proposed because the statute authorizing notices of intent was repealed.

 

Proposed amended existing rules 3701-28-06 and 3701-28-20 pertain to private water systems. This action was taken under the authority of R.C. sections 3701.34 and 3701.344. The proposed amendments increase the private water systems contractor annual registration fee and increase the state portion of the permit fee.

 

Proposed amended existing rules 3701-19-01, 3701-19-17, 3701-19-19, and 3701-19-22, and proposed new rule 3701-19-27 pertain to hospice programs and facilities. This action was taken under authority of R.C. section 3712.03. The proposed amendments include standards for advanced practice nurses in hospices, and, for the purpose of clarity, an interpretative guideline for self-assessments required of hospice care programs. Proposed new rule 3701-19-27 would establish standards for inpatient hospice facilities.

 

Proposed amended existing rule 3701-49-01.1 pertains to public health laboratory fees. This action was taken under authority of R.C. section 3701.23. The proposed amendment increases laboratory fees to cover the cost of screening for an additional disorder in newborns, biotinidase deficiency.

 

Proposed rescinded rule 3701-1-03 pertains to confidentiality of records. This rule was authorized by R.C. 3701.34. The rule rescission is being proposed because it was superceded by recent legislation, Am. Sub. House Bill 6 of the 125th General Assembly.

 

Proposed amended existing rules 3701-21-01, 3701-21-02, 3701-21-02.3, 3701-21-02.4, and 3701-21-26; and proposed new rule 3701-21-27 pertain to food service operations. This action was taken under authority of R.C. sections 3717.04, 3717.05, 3717.51, and 3717.52. Besides changes proposed for the purposes of definition and clarification, proposed amended existing rule 3701-21-02.3 classifies food delivery sales operations as risk level I. Proposed new rule 3701-21-27 requires that food to be embargoed must be embargoed as indicated in section 901: 3-4-15 of the Ohio Administrative Code.

 

 

 

 

 

In accordance with Chapter 119 of the Revised Code, the Council will conduct public hearings on the proposed actions on Thursday, September 2, 2004 beginning at 10:00 a.m. The hearings will be conducted in the 8th floor conference room, Ohio Department of Health, 246 North High Street, Columbus, Ohio.

At the hearings, persons affected by the proposed actions may appear and be heard in person, by their attorney or both; may present their positions, arguments, or contentions orally or in writing; may offer witnesses; and may present evidence tending to show that the proposed rules, if adopted or effectuated, will be unreasonable or unlawful. Persons intending to testify are encouraged to preregister by writing Kaye Norton, Office of the General Counsel, Ohio Department of Health, 246 North High Street, P.O. Box 118, Columbus, Ohio 43216-0118, or by telephoning at [phone].

Copies of the proposed rules are available from Ms. Norton or on the Department's web site at www.odh.state.oh.us. Written comments also may be submitted to Ms. Norton at the above address or FAX to [phone], on or before September 2, 2004.

July 26, 2004