reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3709 | Health Districts › Section 3709.99 | Penalty.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
(A) Whoever violates section 3709.20, 3709.21, or 3709.22 of the Revised Code or any order or regulation of the board of health of a city or general health district adopted in pursuance of those sections, or whoever interferes with the execution of an order or regulation of that nature by a member of the board or person authorized by the board, shall be fined not more than one hundred dollars or imprisoned not more than ninety days, or both. No person shall be imprisoned for the first offense, and the prosecution shall always be for a first offense unless the affidavit upon which the prosecution is instituted contains the allegation that the offense is a subsequent offense.
(B) Except in case of an emergency endangering the public health caused by an epidemic, an infectious or a communicable disease, or a disaster emergency condition or event, no prosecution for a violation of any regulation or order adopted pursuant to section 3709.20, 3709.21, or 3709.22 of the Revised Code shall take place until twenty days after the board of health of a city or general health district has notified the person subject to the regulation or order of the specific violation alleged. Any person notified by the board of a violation of any regulation or order of that nature may file an action for declaratory judgment pursuant to Chapter 2721. of the Revised Code to have determined whether the regulation or order is unreasonable or unlawful. No prosecution of that nature shall be commenced when, within the twenty-day period described in this division, the violation has been corrected. No prosecution of that nature shall be commenced until a declaratory judgment of that nature has been given.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.03 | Evaluations to Assess Health Hazards.

Effective:
March 17, 1987
Latest Legislation:
House Bill 589 - 116th General Assembly
All evaluations for the purpose of assessing the health hazards associated with the presence of friable asbestos materials in order to determine the need for an asbestos hazard abatement project shall be conducted by an asbestos hazard evaluation specialist certified pursuant to the requirements of Chapter 3710. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.051 | Asbestos Hazard Abatement Project Agreements.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
No asbestos hazard abatement contractor shall enter into an agreement to perform any aspect of an asbestos hazard abatement project unless the agreement is written and contains at least all of the following:
(A) A requirement that all persons working on the project are licensed or certified by the director of environmental protection as required by this chapter;
(B) A requirement that all project clearance levels and sampling be in accordance with rules adopted by the director;
(C) A requirement that all clearance air-monitoring be conducted by asbestos hazard abatement air-monitoring technicians or asbestos hazard evaluation specialists certified by the director.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.07 | Contractor's Duties Prior to Engaging in Project.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Prior to engaging in any asbestos hazard abatement project, an asbestos hazard abatement contractor shall do all of the following:
(1) Prepare a written respiratory protection program as defined by the director of environmental protection pursuant to rule, and make the program available to the environmental protection agency, and workers at the job site if the contractor is a public entity or prepare a written respiratory protection program, consistent with 29 C.F.R. 1910.134 and make the program available to the agency, and workers at the job site if the contractor is a business entity;
(2) Ensure that each worker who will be involved in any asbestos hazard abatement project has been examined within the preceding year and has been declared by a physician to be physically capable of working while wearing a respirator;
(3) Ensure that each of the contractor's employees or agents who will come in contact with asbestos-containing materials or will be responsible for an asbestos hazard abatement project receives the appropriate certification or licensure required by this chapter and the following training:
(a) An initial course approved by the agency pursuant to section 3710.10 of the Revised Code, completed before engaging in any asbestos hazard abatement activity; and
(b) An annual review course approved by the agency pursuant to section 3710.10 of the Revised Code.
(B) After obtaining or renewing a license, an asbestos hazard abatement contractor shall notify the agency, on a form approved by the director, at least ten working days before beginning each asbestos hazard abatement project conducted during the term of the contractor's license.
(C) In addition to any other fee imposed under this chapter, an asbestos hazard abatement contractor shall pay, at the time of providing notice under division (B) of this section, the agency a fee of sixty-five dollars for each asbestos hazard abatement project conducted.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.09 | Contractor to Maintain Records of Projects.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As a means of protecting the public, each asbestos hazard abatement contractor licensed under this chapter shall maintain records of all asbestos hazard abatement projects which the contractor performs and make these records available to the the director of environmental protection upon request. The licensee shall maintain the records for at least thirty years.
(B) The records required by this section shall include all of the following:
(1) The name, social security number, and address of the person who supervised the asbestos hazard abatement project;
(2) The names and social security numbers of all workers at the job site;
(3) The location and description of the asbestos hazard abatement project and the amount of asbestos-containing material that was removed;
(4) The starting and completion dates of each asbestos hazard abatement project;
(5) A summary of the procedures that were used to comply with all applicable federal, state, and local standards;
(6) The name and address of each asbestos disposal site where the waste containing asbestos was deposited;
(7) Any other information that the director, by rule, requires.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.11 | Persons Licensed, Certified or Approved in Another State.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
Persons licensed, certified, or otherwise approved under the laws of another state to perform functions substantially similar to those of an asbestos hazard abatement contractor, asbestos hazard abatement specialist, asbestos hazard evaluation specialist, asbestos hazard abatement project designer, or asbestos hazard abatement air-monitoring technician, may apply to the director of environmental protection for licensure or certification. The director shall license or certify persons under this section upon a determination that the standards for certification, licensure, or approval in the other state are at least substantially equivalent to those established by this chapter and the rules adopted thereunder. The director may require an examination before licensure or certification under this section.
Persons certified or licensed under this section are subject to the same duties and requirements for renewal as other persons certified or licensed pursuant to this chapter and the rules adopted thereunder.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.12 | Denying, Suspending, or Revoking Any License or Certificate.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Subject to section 3710.13 of the Revised Code, the director of environmental protection may deny, suspend, or revoke any license or certificate, or renewal thereof, if the licensee or certificate holder:
(A) Fraudulently or deceptively obtains or attempts to obtain a license or certificate;
(B) Fails at any time to meet the qualifications for a license or certificate;
(C) Is violating or threatening to violate any provisions of any of the following:
(1) This chapter, Chapters 3704. and 3745. of the Revised Code, or the rules of the director adopted pursuant to those chapters, as those chapters and rules pertain to asbestos;
(2) The "National Emission Standard for Hazardous Air Pollutants" regulations of the United States environmental protection agency as the regulations pertain to asbestos;
(3) The regulations of the United States occupational safety and health administration as the regulations pertain to asbestos;
(4) The regulations adopted by the United States environmental protection agency pursuant to the "Asbestos Hazard Emergency Response Act," Title II of the "Federal Toxic Substances Control Act," 90 Stat. 2003, 15 U.S.C. 2641 et seq. (1986).
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.13 | Hearing.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Before the director of environmental protection takes any action under section 3710.12 of the Revised Code, the director shall give the license applicant, licensee, or certificate holder against whom action is contemplated an opportunity for a hearing.
Except as otherwise provided in this section, the director shall give notice and hold the hearing in accordance with Chapter 119. of the Revised Code.
(B) The director, without notice or hearing and in accordance with rules adopted by the director, may issue an order requiring any action necessary to meet an environmental health emergency involving asbestos. Any person to whom an order is directed shall immediately comply with the order. Upon application to the director, the person shall be afforded a hearing as soon as possible, but no more than twenty days after receipt of the application by the director.
(C) If the director determines, pursuant to division (B) of this section, that an environmental health emergency involving asbestos exists, the director may order, without a hearing, the denial, suspension, or revocation of any license or certificate issued under this chapter of the parties involved, provided that an opportunity for a hearing is provided to the affected party as soon as reasonably possible.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.14 | Civil Action Against Violator.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) At the request of the director of environmental protection, the attorney general may commence a civil action for civil penalties and injunctions, in a court of common pleas, against any person who has violated, is violating, or is threatening to violate this chapter, any rule adopted under this chapter, or any license or certificate issued under this chapter.
(B) The court of common pleas in which an action for injunctive relief is filed has jurisdiction to, and shall grant, preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated, is violating, or is threatening to violate any provision of this chapter, any rule adopted under this chapter, or any license or certificate issued under this chapter.
(C) Upon a finding of a violation, the court shall assess a civil penalty of not more than five thousand dollars against the person.
(D) Each day a violation continues is a separate violation under this section.
(E) The remedies provided in Chapter 3710. of the Revised Code are in addition to remedies otherwise available under any federal, state, or local law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.15 | Funds for Administration and Enforcement.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
All civil and criminal penalties ordered pursuant to this chapter and paid as provided in the chapter, and all fees and other moneys collected pursuant to the chapter, shall be deposited in the non-title V clean air fund created in section 3704.035 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.16 | Air Pollution Laws Not Limited.

Effective:
March 17, 1987
Latest Legislation:
House Bill 589 - 116th General Assembly
The provisions of this chapter shall not limit the administration and enforcement of the provisions set forth in Chapter 3704. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.17 | Civil Liability.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Where any person is certified or licensed by the director of environmental protection to engage in asbestos hazard abatement or evaluation activity pursuant to this chapter, the liability of that person when performing such activity in accordance with procedures established pursuant to state or federal law for an injury to any individual or property caused or related to this activity shall be limited to acts or omissions of the person during the course of performing the activity which can be shown, based on a preponderance of the evidence, to have been negligent. For the purposes of this section, the demonstration that acts or omissions of a person performing asbestos hazard abatement or evaluation activities were in accordance with generally accepted practice and with procedures established by state or federal law at the time the abatement or evaluation activity was performed creates a rebuttable presumption that the acts or omissions were not negligent.
(B) Where any person contracts with a certified asbestos hazard abatement specialist, asbestos hazard evaluation specialist, or other category of asbestos hazard specialist established by the director of health, or a licensed asbestos hazard abatement contractor, the liability of that person for asbestos-related injuries caused by the person's contractee in the performance of asbestos hazard abatement or evaluation activities shall be limited to those asbestos-related injuries arising from acts which the person knew or could reasonably have been expected to know were not in accordance with generally accepted practice or with procedures established by state or federal law at the time the abatement activity took place.
(C) Notwithstanding any other provisions of the Revised Code or rules of a court to the contrary, this section governs all claims for asbestos-related injuries arising from asbestos hazard abatement or evaluation activities.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.18 | Exempting Electric Light Company and Full-Time Employees.

Effective:
October 8, 1992
Latest Legislation:
House Bill 334 - 119th General Assembly
This chapter does not apply to an electric light company, or the full-time employees of the electric light company, if the electric light company and the full-time employees of the electric light company are otherwise required to comply with all applicable standards of the United States environmental protection agency and the United States occupational safety and health administration, and if the electric light company engages in an asbestos hazard abatement activity solely at its own place or places of business, except that such electric light company and its full-time employees shall comply with the certification provisions contained in this chapter to the extent required to comply with applicable accreditation requirements of the "Asbestos Hazard Emergency Response Act," P.L. 99-519, 100 Stat. 2980, 15 U.S.C. 2646, as amended, and rules adopted pursuant to that act.
As used in this section, "electric light company" has the same meaning as in section 4905.03 of the Revised Code and includes affiliates and subsidiaries of an electric light company.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.19 | Effect of Child Support Default on License or Certificate.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of environmental protection shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license or certificate issued pursuant to this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3710 | Asbestos Abatement › Section 3710.99 | Penalty.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) At the request of the director of environmental protection, a prosecuting attorney, city director of law, or similar chief legal officer may commence a criminal action, in a court of this state, against any person who violates any provision of this chapter, any rule adopted under this chapter, any license or certificate issued under this chapter, or any order issued pursuant to this chapter.
(B) Upon conviction, the person is subject to:
(1) A fine of at least ten thousand dollars but not more than twenty-five thousand dollars or imprisonment at least one year but not more than two years, or both, for a first offense; or
(2) A fine of at least twenty thousand dollars but not more than forty thousand dollars or imprisonment of at least two years but not more than four years or both for a second or subsequent offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.01 | Maternity and Newborn Care Definitions.

Effective:
September 1, 2008
Latest Legislation:
House Bill 331 - 127th General Assembly
As used in this chapter:
(A) "Board of health" means a board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code.
(B) "Maternity home" means a facility for pregnant girls and women where accommodations, medical care, and social services are provided during the prenatal and postpartal periods. "Maternity home" does not include a private residence where obstetric or newborn services are received by a resident of the home.
(C) "Maternity unit" means a distinct portion of a hospital in which inpatient care is provided to women during all or part of the maternity cycle.
(D) "Newborn care nursery" means a distinct portion of a hospital in which inpatient care is provided to infants. "Newborn care nursery" includes a distinct portion of a hospital in which intensive care is provided to infants.
Last updated August 18, 2021 at 11:27 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.02 | License Required to Operate Facility.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Except as provided in division (B) of this section, no person shall operate any of the following, unless the person holds the appropriate license issued under this chapter and the license is valid:
(1) A maternity unit;
(2) A newborn care nursery;
(3) A maternity home.
(B) Division (A) of this section does not apply to a health care facility, as defined in section 3702.30 of the Revised Code.
Last updated August 18, 2021 at 11:28 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.04 | Application for License.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Each person seeking to operate a maternity unit, newborn care nursery, or maternity home shall apply to the director of health for a license under this chapter. The application shall be submitted in the form and manner prescribed by the director in rules adopted under section 3711.12 of the Revised Code.
A single application and license is required if an applicant will operate both a maternity unit and newborn care nursery.
Last updated August 18, 2021 at 11:29 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.05 | Requirements for License - Issuance - Notice.

Effective:
September 1, 2008
Latest Legislation:
House Bill 331 - 127th General Assembly
(A) The director of health shall review all applications received under section 3711.04 of the Revised Code. On receipt of a complete application, the director shall send a copy of the application to the board of health of the city or general health district in which the maternity unit, newborn care nursery, or maternity home is to be operated.
Unless the board finds that an applicant is not in compliance with an applicable health regulation adopted by the board, the board shall approve the application. The board shall notify the director of its determination to approve or disapprove the application. If the board does not notify the director of its determination by the end of the thirtieth day after the board receives the copy of the application, the application is deemed to have been approved by the board.
(B) The director shall issue a license to an applicant if all of the following requirements are met:
(1) The board of health approves the application or the application is deemed to have been approved;
(2) The applicant meets the standards specified in rules adopted under section 3711.12 of the Revised Code;
(3) The applicant passes the inspection required by section 3711.06 of the Revised Code.
(C) On issuance of a license, the director shall notify the board of health to which the application was sent under division (A) of this section. In the notice, the director shall specify the terms that apply to the license.
Last updated August 18, 2021 at 11:29 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.06 | Inspection of Facility Prior to Issuance of License.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of health shall inspect each maternity unit, newborn care nursery, or maternity home for which a person has applied for an initial license under section 3711.04 of the Revised Code prior to issuing the license. Inspections shall be conducted in accordance with inspection criteria, procedures, and guidelines adopted by the director under section 3711.12 of the Revised Code.
Last updated August 18, 2021 at 11:30 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.08 | Term of License - Renewal.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
A license issued under this chapter is valid for three years, unless earlier revoked or suspended under section 3711.14 of the Revised Code. The license may be renewed in the manner prescribed by the director of health in rules adopted under section 3711.12 of the Revised Code. The license renewal fee specified in the rules shall be paid not later than sixty days after the director of health mails an invoice for the fee to the license holder. A penalty of ten per cent of the amount of the renewal fee shall be assessed for each month the fee is overdue.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.10 | Monitor of Compliance With Chapter - Inspections.

Effective:
September 1, 2008
Latest Legislation:
House Bill 331 - 127th General Assembly
The director of health shall monitor compliance with this chapter and the rules adopted under it. The director may conduct inspections of a maternity unit, newborn care nursery, or maternity home as necessary to adequately monitor compliance with this chapter and the rules adopted under it. The inspections may be scheduled or random.
The board of health of the city or general health district in which a maternity unit, newborn care nursery, or maternity home is located may conduct inspections of the unit, nursery, or home as necessary to adequately monitor compliance with any applicable health regulation adopted by the board. The inspections may be scheduled or random.
Last updated August 18, 2021 at 3:45 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.12 | Implementing Rules - Recommendations.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 331 - 133rd General Assembly
(A) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code as the director considers necessary to implement the requirements of this chapter for licensure and operation of maternity units, newborn care nurseries, and maternity homes. The rules shall include provisions for the following:
(1) Licensure application forms and procedures;
(2) Renewal procedures, including procedures that address the right of the director of health, at the director's sole discretion, to conduct an inspection prior to renewal of a license;
(3) Initial license fees and license renewal fees;
(4) Fees for inspections conducted by the director under section 3711.10 of the Revised Code;
(5) Safety standards, quality-of-care standards, and quality-of-care data reporting requirements;
(6) Reporting and auditing requirements;
(7) Inspection criteria, procedures, and guidelines;
(8) Application forms to be used and procedures to be followed in applying under section 3711.13 of the Revised Code for a variance or waiver of any of the requirements of the rules adopted under this section regarding the operation of a maternity home;
(9) Any other rules necessary to implement this chapter.
(B) When adopting rules under this section, the director shall give consideration to recommendations regarding obstetric and newborn care issued by the American college of obstetricians and gynecologists; American academy of pediatrics; American academy of family physicians; American society of anesthesiologists; American college of nurse-midwives; United States centers for disease control and prevention; association of women's health, obstetric and neonatal nurses; and association of perioperative registered nurses, or their successor organizations.
Last updated August 18, 2021 at 3:46 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.13 | Variances and Waivers Regarding Operation of Maternity Homes.

Effective:
July 10, 2014
Latest Legislation:
House Bill 315 - 130th General Assembly
(A) A board of health may grant a variance from or waiver of any of the requirements established in rules adopted under section 3711.12 of the Revised Code regarding the operation of a maternity home.
(B) Each maternity home seeking a variance or waiver shall file an application with the board of health of the city or general health district in which the maternity home is located. The application shall be made on the form and in accordance with the procedures specified in rules adopted under section 3711.12 of the Revised Code.
(C) The board of health shall review all applications received. Not later than forty-five days after receiving an application, the board shall determine whether to grant the variance or waiver and shall notify the applicant in writing of the board's decision.
(D) Both of the following apply to a board of health in determining whether to grant a variance or waiver:
(1) A variance shall be granted to an applicant if the board determines that the intent of a requirement has been met by the applicant in an alternate manner.
(2) A waiver shall be granted if the board determines that strict application of a requirement would cause an undue hardship to the applicant and that granting the waiver would not jeopardize the health and safety of any patient or resident.
(E) If a board of health denies a variance or waiver requested by a maternity home, the home may appeal the denial by filing a notice of appeal with the director of health. The notice must be filed not later than thirty days after the board's denial of the request.
Not later than forty-five days after the notice of appeal is filed, the director shall either affirm the board's denial or grant the variance or waiver. The director shall notify the board and the maternity home in writing of the director's action.
(F) Notwithstanding any other provision of this section, the director may void the board's granting of a waiver or variance issued under this section. The director shall notify the board and the maternity home in writing of the director's action not later than forty-five days after the decision to void.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.14 | Enforcement Powers of Director.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) In accordance with Chapter 119. of the Revised Code, the director of health may do any of the following:
(1) Impose a civil penalty of not less than one thousand dollars and not more than two hundred fifty thousand dollars on a person who violates a provision of this chapter or the rules adopted under it;
(2) Summarily suspend, in accordance with division (B) of this section, a license issued under this chapter if the director believes there is clear and convincing evidence that the continued operation of a maternity unit, newborn care nursery, or maternity home presents a danger of immediate and serious harm to the public;
(3) Revoke a license issued under this chapter if the director determines that a violation of a provision of this chapter or the rules adopted under it has occurred in such a manner as to pose an imminent threat of serious physical or life-threatening danger.
(B) If the director suspends a license under division (A)(2) of this section, the director shall serve a written order of suspension in accordance with sections 119.05 and 119.07 of the Revised Code. The order shall not be subject to suspension by the court while an appeal filed under section 119.12 of the Revised Code is pending. If the individual subject to the suspension requests an adjudication, the date set for the adjudication shall be within fifteen days but not earlier than seven days after the individual makes the request, unless another date is agreed to by both the individual and the director. The summary suspension shall remain in effect, unless reversed by the director, until a final adjudication order issued by the director pursuant to this section and Chapter 119. of the Revised Code becomes effective.
The director shall issue a final adjudication order not later than ninety days after completion of the adjudication. If the director does not issue a final order within the ninety-day period, the summary suspension shall be void, but any final adjudication order issued subsequent to the ninety-day period shall not be affected.
(C) If the director issues an order revoking or suspending a license issued under this chapter and the license holder continues to operate a maternity unit, newborn care nursery, or maternity home, the director may ask the attorney general to apply to the court of common pleas of the county in which the person is located for an order enjoining the person from operating the unit, nursery, or home. The court shall grant the order on a showing that the person is operating the unit, nursery, or home.
Last updated October 5, 2023 at 3:18 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.16 | Disposition and Use of Fees.

Effective:
September 1, 2008
Latest Legislation:
House Bill 331 - 127th General Assembly
All initial license fees, renewal fees, late renewal penalties, fees for inspections conducted by the director of health, and civil penalties collected under this chapter shall be deposited in the state treasury to the credit of the general operations fund created under section 3701.83 of the Revised Code. The moneys shall be used solely for purposes of administering and enforcing this chapter and the rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3711 | Maternity and Newborn Care Facilities › Section 3711.30 | Reports of Opioid Dependence.

Effective:
July 10, 2014
Latest Legislation:
House Bill 315 - 130th General Assembly
(A) As used in this section, "opioid" means opium, opium derivatives, and synthetic opium substitutes.
(B) Each maternity unit, newborn care nursery, and maternity home shall report to the department of health the number of newborns born to residents of this state in the unit, nursery, or home during the preceding calendar quarter that were diagnosed as opioid dependent at birth. The reports shall be submitted not later than thirty days after the end of each quarter and shall not include any patient-identifying information.
(C) The department shall establish standards and procedures for reporting the information required by this section. The information reported under this section shall not be used for law enforcement purposes or disclosed to law enforcement authorities.
(D) The department shall compile the information submitted under this section and make a summary of that information available to the public not later than ninety days after the end of each calendar year.
Last updated August 18, 2021 at 9:52 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.03 | Director of Health; Powers and Duties.

Effective:
September 17, 2014
Latest Legislation:
House Bill 366 - 130th General Assembly
(A) In accordance with Chapter 119. of the Revised Code, the director of health shall adopt, and may amend and rescind, rules:
(1) Providing for the licensing of persons or public agencies providing hospice care programs within this state by the department of health and for the suspension and revocation of licenses;
(2) Establishing a license fee and license renewal fee for hospice care programs, neither of which shall, except as provided in division (B) of this section, exceed six hundred dollars. The fees shall cover the three-year period during which an existing license is valid as provided in division (B) of section 3712.04 of the Revised Code.
(3) Establishing an inspection fee for hospice care programs not to exceed, except as provided in division (B) of this section, one thousand seven hundred fifty dollars;
(4) Establishing requirements for hospice care program facilities and services;
(5) Establishing procedures a hospice care program must follow while investigating a sign of suspected diversion of controlled substances containing opioids pursuant to division (B)(5) of section 3712.062 of the Revised Code;
(6) Establishing requirements for reporting to a local law enforcement agency pursuant to division (B)(6) of section 3712.062 of the Revised Code the results of an investigation of suspected diversion;
(7) Providing for a waiver of the requirement for the provision of physical, occupational, or speech or language therapy contained in division (A)(2) of section 3712.01 of the Revised Code when the requirement would create a hardship because such therapy is not readily available in the geographic area served by the provider of a hospice care program;
(8) Providing for the granting of licenses to provide hospice care programs to persons and public agencies that are accredited or certified to provide such programs by an entity whose standards for accreditation or certification equal or exceed those provided for licensure under this chapter and rules adopted under it;
(9) Establishing interpretive guidelines for each rule adopted under this section.
(B) Subject to the approval of the controlling board, the director may establish fees in excess of the maximum amounts specified in this section, provided that the fees do not exceed those amounts by greater than fifty per cent.
(C) The department of health shall:
(1) Grant, suspend, and revoke licenses for hospice care programs in accordance with this chapter and rules adopted under it;
(2) Make such inspections as are necessary to determine whether hospice care program facilities and services meet the requirements of this chapter and rules adopted under it; and
(3) Implement and enforce provisions of this chapter and rules adopted under it as such provisions apply to hospice care programs.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.031 | Adoption of Rules.

Effective:
April 6, 2023
Latest Legislation:
House Bill 558 - 134th General Assembly
(A) In accordance with Chapter 119. of the Revised Code, the director of health shall adopt, and may amend and rescind, rules:
(1) Providing for the licensing of persons or public agencies providing pediatric respite care programs within this state by the department of health and for the suspension and revocation of licenses;
(2) Establishing a license fee and license renewal fee for pediatric respite care programs, neither of which shall, except as provided in division (B) of this section, exceed six hundred dollars. The fees shall cover the three-year period during which an existing license is valid as provided in division (B) of section 3712.041 of the Revised Code.
(3) Establishing an inspection fee not to exceed, except as provided in division (B) of this section, one thousand seven hundred fifty dollars;
(4) Establishing requirements for pediatric respite care program facilities and services;
(5) Providing for the granting of licenses to provide pediatric respite care programs to persons and public agencies that are accredited or certified to provide such programs by an entity whose standards for accreditation or certification equal or exceed those provided for licensure under this chapter and rules adopted under it;
(6) Establishing interpretive guidelines for each rule adopted under this section.
(B) Subject to the approval of the controlling board, the director of health may establish fees in excess of the maximum amounts specified in this section, provided that the fees do not exceed those amounts by greater than fifty per cent.
(C) The department of health shall:
(1) Grant, suspend, and revoke licenses for pediatric respite care programs in accordance with this chapter and rules adopted under it;
(2) Make such inspections as are necessary to determine whether pediatric respite care program facilities and services meet the requirements of this chapter and rules adopted under it; and
(3) Implement and enforce provisions of this chapter and rules adopted under it as such provisions apply to pediatric respite care programs.
Last updated March 15, 2023 at 12:43 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.032 | Adoption of Rules for Pediatric Transition Care Programs.

Effective:
April 6, 2023
Latest Legislation:
House Bill 558 - 134th General Assembly
(A) In accordance with Chapter 119. of the Revised Code, the director of health shall adopt, and may amend and rescind, rules:
(1) Providing for the registration of persons and public agencies that provide pediatric transition care programs within this state and for the suspension and revocation of registrations;
(2) Establishing fees for initial registration and registration renewal for pediatric transition care programs, neither of which shall, except as provided in division (B) of this section, exceed six hundred dollars during a three-year period that a registration is valid as provided in section 3712.042 of the Revised Code;
(3) Establishing an inspection fee, which shall not, except as provided in division (B) of this section, exceed one thousand seven hundred fifty dollars;
(4) Establishing emergency and safety requirements for pediatric transition care programs;
(5) Providing for pediatric transition care program registration under this chapter of persons and public agencies that are accredited or certified by an organization that the director determines has standards for accreditation or certification that are equal to or exceed those set forth in this chapter and the rules adopted under it.
(B) Subject to the approval of the controlling board, the director may establish fees in excess of the maximum amounts specified in this section, provided that the fees do not exceed those amounts by greater than fifty per cent.
(C) The department of health shall:
(1) Grant, suspend, and revoke registrations for pediatric transition care programs in accordance with this chapter and rules adopted under it;
(2) Make such inspections as are necessary to determine whether pediatric transition care program homes and services meet the requirements of this chapter and rules adopted under it;
(3) Implement and enforce provisions of this chapter and rules adopted under it as such provisions apply to pediatric transition care programs.
(D) Notwithstanding any provision of section 121.95 of the Revised Code to the contrary, a regulatory restriction contained in a rule adopted under this section is not subject to sections 121.95 to 121.953 of the Revised Code.
(E) Rules adopted under section 3712.031 of the Revised Code do not apply to pediatric transition care programs.
Last updated March 15, 2023 at 5:58 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.04 | Hospice Care Program License.

Effective:
September 17, 2014
Latest Legislation:
House Bill 366 - 130th General Assembly
(A) Every person or public agency that proposes to provide a hospice care program shall apply to the department of health for a license. Application shall be made on forms prescribed and provided by the department, shall include such information as the department requires, and shall be accompanied by the license fee established by rules of the director of health adopted under division (A) of section 3712.03 of the Revised Code.
The department shall grant a license to the applicant if the applicant is in compliance with this chapter and rules adopted under it.
(B) A license granted under this section shall be valid for three years. Application for renewal of a license shall be made at least ninety days before the expiration of the license in the same manner as for an initial license, except that, if the program provides hospice care and services in a hospice patient's home, the application for renewal shall include written evidence demonstrating that the applicant is in compliance with section 3712.062 of the Revised Code. The department shall renew the license if the applicant meets the requirements of this chapter and rules adopted under it.
(C) Subject to Chapter 119. of the Revised Code, the department may suspend or revoke a license if the licensee made any material misrepresentation in the application for the license or no longer meets the requirements of this chapter or rules adopted under it.
(D) A hospital, nursing home, home for the aged, county medical care facility, or other health facility or agency that provides a hospice care program shall be licensed to provide a hospice care program under this section.
(E) A nursing home licensed under Chapter 3721. of the Revised Code that does not hold itself out to be a hospice, does not hold itself out as providing a hospice care program, does not use the term hospice to describe or refer to its activities or facilities, and that does not provide all of the services enumerated in division (A) of section 3712.01 of the Revised Code is not subject to the licensing provisions of this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.041 | License for Pediatric Respite Care Program.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
(A) Every person or public agency that proposes to provide a pediatric respite care program shall apply to the department of health for a license. Application shall be made on forms prescribed and provided by the department, shall include such information as the department requires, and shall be accompanied by the license fee established by rules adopted by the director of health under division (A) of section 3712.031 of the Revised Code.
The department shall grant a license to the applicant if the applicant is in compliance with this chapter and rules adopted under it.
(B) A license granted under this section shall be valid for three years. Application for renewal of a license shall be made at least ninety days before the expiration of the license in the same manner as for an initial license. The department shall renew the license if the applicant meets the requirements of this chapter and rules adopted under it.
(C) Subject to Chapter 119. of the Revised Code, the department may suspend or revoke a license if the licensee made any material misrepresentation in the application for the license or no longer meets the requirements of this chapter or rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.042 | Registration for Pediatric Transition Care Programs.

Effective:
April 6, 2023
Latest Legislation:
House Bill 558 - 134th General Assembly
(A) Every person or public agency that proposes to provide a pediatric transition care program shall register with the department of health. Registration shall be made on forms prescribed and provided by the department and shall include such information as the department requires.
The department shall register a pediatric transition care program if the program is in compliance with this chapter and rules adopted under it.
(B) A registration under this section shall be valid for three years. Registration renewal shall be made at least ninety days before the expiration of the registration in the same manner as for an initial registration. The department shall renew the registration if the pediatric transition care program meets the requirements of this chapter and rules adopted under it.
(C) Subject to Chapter 119. of the Revised Code, the department may suspend or revoke a registration if the registration holder made any material misrepresentation related to the registration or no longer meets the requirements of this chapter or rules adopted under it.
Last updated March 15, 2023 at 6:02 PM