reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-69 - Radon Testing › Section 3701-69-13 - Inspections and examinations

Current through all regulations passed and filed through July 1, 2024
(A)
								 The director may
			 conduct inspections as he or she considers necessary to determine compliance
			 with the requirements of this chapter.
(B)
								 The director
			 shall examine records of radon testers, mitigation specialists, mitigation
			 contractors, and operators of approved radon laboratories and training courses
			 as he or she considers necessary to determine whether they are in compliance
			 with the requirements of this chapter.
(C)
								 A licensed radon
			 tester, mitigation specialist, mitigation contractor, or operator of an
			 approved radon laboratory or a training course shall make available to the
			 director any records or equipment pertinent to the activities regulated by this
			 chapter upon the request of the director.
(D)
								 The director
			 shall have the right to test any equipment used for radon testing or
			 mitigation; to sketch or photograph any portion of a site, building, or
			 equipment involved in radon testing or mitigation; to copy or photograph any
			 documents or records pertinent to compliance with this chapter; and to
			 interview any employees or representatives of the holder of a license or
			 approval or an applicant for licensure or approval. This right shall not be
			 conditioned upon any action by the director except presentation of appropriate
			 identification when requested and compliance with appropriate standard safety
			 procedures established by the director.
(E)
								 Upon request of
			 the director, a licensed radon tester, radon mitigation specialist, or
			 mitigation contractor or an applicant for licensure shall disclose to the
			 director the addresses of properties or buildings where radon testing or
			 mitigation work is scheduled, in progress, or completed and the names of the
			 owners and residents of the properties or buildings for the purpose of
			 inspection by the director.
(F)
								 For the purpose
			 of compliance inspections, all licensed mitigation contractors shall submit an
			 electronic report in a form prescribed and provided by the director listing all
			 mitigation projects completed within the calendar quarter and the following
			 information for each project:
(1)
									 Name of occupant, street address, city, county, state
			 and zip code; of residence where work was done;
(2)
									 Start and
			 completion dates;
(3)
									 Type of radon mitigation system; and
(4)
									 Pre- and
			 postmitigation concentrations.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-72 - Radiologic License › Section 3701-72-03 - Standards for educational programs, continuing education courses, and national certifying organizations

Current through all regulations passed and filed through July 1, 2024
(A) Any person may apply to the director for
			 approval to conduct an educational program for general x-ray machine operators,
			 radiographers, radiation therapists, or nuclear medicine technologists. Any
			 person desiring to conduct an accredited educational program for a specific
			 course of study shall complete an application prescribed by the director and
			 submit the completed application to the director with the non-refundable
			 application fee at least sixty days prior to initiating the program. The
			 application fee shall be paid by check or money order, payable to "Treasurer,
			 State of Ohio" in the amount of five hundred dollars. The director shall return
			 an incomplete application to the applicant for completion. An approval to
			 conduct an educational program does not expire but may be suspended or revoked
			 in accordance with paragraph (L) of this rule. An application for approval as an
			 accredited educational program shall contain the following:
(1) Name, address, and telephone number of
			 applicant;
(2) Title of program,
			 length of program, target audience, specific program objectives, and the
			 instructional techniques or strategies that will be used to obtain the intended
			 learning outcomes;
(3) Name,
			 address, telephone number, and curriculum vitae of all instructors;
			 and
(4) A statement certifying that
			 the program complies and will remain in compliance with the requirements of
			 this rule.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-72 - Radiologic License › Section 3701-72-04 - Licensee authorizations and requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each radiologic licensee shall operate
			 ionizing radiation-generating equipment or use radiopharmaceuticals in
			 accordance with the documented quality assurance and radiation protection
			 programs required under the rules adopted pursuant to Chapter 3748. of the
			 Revised Code. The director may at any time during business hours evaluate
			 operator competency in regard to the safe operation of ionizing
			 radiationgenerating equipment or use of radioactive sources to determine
			 compliance with Chapter 4773. of the Revised Code or any rules adopted pursuant
			 to Chapter 3748. of the Revised Code.
(B) Radiographers, nuclear medicine
			 technologists, radiation therapists, and general x-ray machine operators who
			 are registered nurses providing occupational health nursing services in an
			 industrial workplace shall work under general supervision.
(C) General x-ray machine operators, other
			 than those registered nurses who provide occupational health nursing services
			 in an industrial workplace, shall work under the direct supervision of a
			 licensed practitioner.
(D) The
			 following radiologic procedure tasks shall be performed only by an Ohio
			 licensed practitioner, radiographer, nuclear medicine technologist, radiation
			 therapist or general x-ray machine operator within his/her scope of practice:
(1) Adjust or set technique
			 factors;
(2) Move or position
			 equipment;
(3) Move or position the
			 patient;
(4) Expose the patient to
			 radiation;
(5) Reset the audible
			 signal on the cumulative radiation exposure timer;
(6) Assure adequate radiation protection to
			 the patient and individuals in the procedure room from unnecessary radiation;
			 and
(7) Process and post process
			 digital image at the time of the procedure.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-73 - Public Health Investigations › Section 3701-73-01 - Release of information-director investigations

Current through all regulations passed and filed through July 1, 2024
(A) Investigations conducted by the director
			 pursuant to section 3701.14 of the Revised Code are
			 subject to the release requirements specified in that section. An investigation
			 may be initiated when one or more of the following situations is present.
(1) A local health district has reported
			 cases of illness, including contagious, infectious, epidemic, pandemic, or
			 endemic conditions, that qualified department staff have evaluated and have
			 determined that those cases represent an outbreak of a contagious or infectious
			 condition in one or more local health districts.
(2) The director has determined based on
			 reports of births and deaths, the sanitary conditions and effects of localities
			 and employments, or the personal and business habits of the people that affect
			 their health have or are causing illness in one or more parts of a local health
			 district.
(3) The director has
			 received a request from an agency of state of local government regarding the
			 water supply, sewerage, disposal of excreta of any locality, or the heating,
			 plumbing, and ventilation of a public building that requires a non-routine
			 analysis of a disease, other condition, or unusual occurrence that involves
			 persons in one or more parts of a local health district.
(4) The director has accepted a request for
			 an investigation from another agency of state or local government.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-73 - Public Health Investigations › Section 3701-73-02 - Administrative fines-violations of reporting requirements

Current through all regulations passed and filed through July 1, 2024
(A) As used in this
			 rule an "incident" means any definitive and separate occurrence of failing to
			 report any single suspected or confirmed case whose reporting is required
			 division (C) of section
			 3701.23, division (C) of section
			 3701.232, division (C) of
			 section 3701.24, division (B) of section
			 3701.25, division (B) of section
			 3707.06, or division (C) of
			 section 3701.201 of the Revised Code.
(B) Any person who violates
			 division (C) of section
			 3701.23, division (C) of section
			 3701.232, division (C) of
			 section 3701.24, division (B) of section
			 3701.25, division (B) of section
			 3707.06, or any poison control
			 center or other healthrelated entity that fails to comply with division (C) of
			 section 3701.201 of the Revised Code is
			 subject to fines specified in this rule.
(C) Whenever a health commissioner having
			 jurisdiction over the location where the incident occurred becomes aware of an
			 incident, the health commissioner shall immediately inform the director of
			 health with as much other information relative to the incident as is available.
(D) The director of health may
			 consider the scope and severity of any violation as well as the violator's
			 history of compliance in determining the amount of any administrative fine
			 issued pursuant to this rule. Pursuant to an adjudication order issued by the
			 director of health under Chapter 119. of the Revised Code, administrative fines
			 imposed under this rule may be imposed as follows:
(1) One hundred to two hundred fifty dollars
			 per incident if there is no history of non-compliance and the incomplete or
			 non-reporting has not threatened or harmed the public's health or the
			 operations of the Ohio department of health;
(2) Two hundred fifty-one to three hundred
			 fifty dollars per incident if there is a history of non-compliance and the
			 incomplete or non-reporting has not threatened or harmed the public's health or
			 the operations of the Ohio department of health;
(3) Three hundred fifty-one to five hundred
			 dollars per incident if there is no history of non-compliance, but the
			 incomplete or non-reporting has threatened or harmed the public's health or the
			 operations of the Ohio department of health
(4) Five hundred one to seven hundred fifty
			 dollars per incident if there is a history of non-compliance and the incomplete
			 or non-reporting has threatened or harmed the public's health or the operations
			 of the Ohio department of health, or the incomplete or non-reporting appears
			 intentional.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-74 - Choose Life Fund › Section 3701-74-01 - Choose life fund

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule:
(1) "Choose life fund" means the fund created
			 in the state treasury pursuant to section
			 3701.65 of the Revised Code
			 consisting of voluntary contributions deposited as provided in section
			 4503.81 of the Revised Code,
			 investment earnings of the fund and monies returned to the fund pursuant to
			 paragraph (F)(4) of this rule.
(2)
			 "Director" means the director of health or his designee.
(3) "Eligible organization" means any
			 organization that applies for funding and meets all of the requirements set
			 forth in paragraph (B) of this rule.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-75 - Accessing Confidential Personal Information › Section 3701-75-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the agency shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the agency are managed on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee of the agency to
			 fulfill his/her job duties. The determination of access to confidential
			 personal information shall be approved by the employee's supervisor and the
			 information owner prior to providing the employee with access to confidential
			 personal information within a personal information system. The agency shall
			 establish procedures for determining a revision to an employee's access to
			 confidential personal information upon a change to that employee's job duties
			 including, but not limited to, transfer or termination. Whenever an employee's
			 job duties no longer require access to confidential personal information in a
			 personal information system, the employee's access to confidential personal
			 information shall be removed.
(B)
								 Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the agency, the agency shall do
			 all of the following:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 If all information relates to an investigation about
			 the individual, inform the individual that the agency has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-75 - Accessing Confidential Personal Information › Section 3701-75-03 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the Ohio
				department of health's exercise of its powers or duties, for which only
				employees of the agency may access confidential personal information (CPI)
				regardless of the whether the personal information system is a manual system or
				computer system:
(A)
								 Performing the following functions constitute valid
			 reasons for authorized employees of the agency to access confidential personal
			 information:
(1)
									 Responding to a public records request;
(2)
									
			 Responding to a request from an individual for the list of CPI the agency
			 maintains on that individual;
(3)
									 Administering a
			 constitutional provision or duty;
(4)
									 Administering a
			 statutory provision or duty;
(5)
									 Administering an
			 administrative rule provision or duty;
(6)
									 Complying with
			 any state or federal program requirements;
(7)
									 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(8)
									 Auditing
			 purposes;
(9)
									 Licensure (or permit, eligibility, filing, etc.)
			 processes;
(10)
									 Investigation or law enforcement purposes;
(11)
									
			 Administrative hearings;
(12)
									 Litigation,
			 complying with an order of the court, or subpoena;
(13)
									 Human resource
			 matters (e.g., hiring, promotion, demotion, discharge, salary/compensation
			 issues, leave requests/issues, time card approvals/issues);
(14)
									 Complying with
			 an executive order or policy;
(15)
									 Complying with
			 an agency policy or a state administrative policy issued by the department of
			 administrative services, the office of budget and management or other similar
			 state agency; or
(16)
									 Complying with a collective bargaining agreement
			 provision.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-81 - Lead-Safe Rental Registry › Section 3701-81-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this rule:
(A)
								"Deteriorated
			 paint" means any interior or exterior paint or other coating that is peeling,
			 chipping, chalking, or cracking, or any paint or coating located on an interior
			 or exterior surface or fixture that is otherwise damaged or separated from the
			 substrate, or paint on a friction or impact surface that shows abrasion or
			 other evidence of damage to the paint from the friction or
			 impact.
(B)
								"Lead free" means no lead-based paint is present in any
			 areas of a residential rental unit, child care facility, or school subject to
			 this section to include all of the following:
(1)
									The interior
			 surfaces and all common areas of the unit, facility, or school;
(2)
									Every attached or
			 unattached structure located within the same lot line as the residential rental
			 unit, facility, or school that the owner or manager considers to be associated
			 with the operation of the residential rental unit, facility, or school,
			 including garages, play equipment, and fences;
(3)
									The lot or land
			 that the residential rental unit, facility, or school occupies.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-81 - Lead-Safe Rental Registry › Section 3701-81-02 - Standards and procedures for registration on lead-safe residential rental unit registry

Current through all regulations passed and filed through July 1, 2024
(A)
								Any owner or
			 agent of a residential rental unit may register the residential rental unit on
			 the lead-safe residential rental unit registry designated by the director
			 pursuant to section 3742.41 of the Revised Code
			 after showing compliance with the requirements set forth in this
			 chapter.
(B)
								For properties constructed after January 1, 1978 the
			 owner or agent of the residential rental unit may register the residential
			 rental unit on the lead-safe residential rental unit registry by providing
			 evidence of the date the property was built.
(C)
								In accordance
			 with division (D)(2) of section
			 3742.41 of the Revised Code,
			 properties determined to be lead free by a licensed lead inspector or lead risk
			 assessor after an inspection of the residential rental unit can be registered
			 by providing the director with appropriate documentation from the licensed lead
			 professional.
(D)
								For properties constructed prior to January 1, 1978,
			 the owner or agent of the residential rental unit who chooses to do the work
			 him or herself to make the residential rental unit lead-safe, must implement
			 residential rental unit lead-safe maintenance practices as set forth
			 below:
(1)
									
			 Successfully complete a training program in residential rental unit lead-safe
			 maintenance practices approved by the director pursuant to section
			 3742.43 of the Revised Code and
			 this chapter. An individual is exempt from taking the course of instruction,
			 approved by the director, if the individual meets one of the following:
(a)
										Holds a current
			 United States environmental protection agency renovator and firm
			 certification;
(b)
										An individual who is licensed, certified, or otherwise
			 approved under the laws of another state approved by the United States
			 environmental protection agency to perform functions substantially equivalent
			 to the United States environmental protection agency renovation, repair and
			 painting program; or
(c)
										Holds a current Ohio lead abatement contractor or lead
			 abatement worker license and performs the lead-safe maintenance practices as
			 described in this rule and in accordance with the standards in
			 40 C.F.R.
			 745.85 (as effective on the effective date of
			 this rule).
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-81 - Lead-Safe Rental Registry › Section 3701-81-03 - Application procedures for training programs for residential rental unit lead-safe maintenance practices

Current through all regulations passed and filed through July 1, 2024
(A)
								A person shall
			 submit an application for approval of a training program on a form prescribed
			 by the director. An application for approval of a training program shall
			 contain:
(1)
									Except for the State of Ohio, or local political
			 subdivisions, a non-refundable fee of seven hundred fifty dollars, payable to
			 "Treasurer, State of Ohio";
(2)
									A statement
			 signed by the training program manager certifying that:
(a)
										The training
			 program meets the minimum requirements set forth in rule
			 3701-81-06
			 of the Administrative Code;
(b)
										Each instructor
			 meets the qualifications described in rule
			 3701-81-04
			 of the Administrative Code;
(c)
										The program will
			 use either the model training materials developed by the United States
			 environmental protection agency, United States department of housing and urban
			 development, if available, or materials approved by the director; and
(d)
										The
			 applicant is in compliance and will remain in compliance with the
			 record-keeping and reporting requirements of paragraphs (A)(3) and (A) (4) of
			 rule
			 3701-81-05
			 of the Administrative Code.
(3)
									The program
			 agenda with an allocation of time spent on each topic;
(4)
									The program
			 quality control plan and certification that the applicant will comply with the
			 requirements of paragraph (B) of rule
			 3701-81-05
			 of the Administrative Code;
(5)
									An example of a
			 program completion certificate, as described in paragraph (A)(2) of rule
			 3701-81-05
			 of the Administrative Code;
(6)
									A copy of the
			 program examination and answer key; and
(7)
									A copy of the
			 student manuals and instructor manuals to be used for each
			 course.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-81 - Lead-Safe Rental Registry › Section 3701-81-04 - Qualifications for residential rental unit lead-safe maintenance practices training program managers and instructors

Current through all regulations passed and filed through July 1, 2024
(A)
								The applicant
			 shall designate a training program manager who shall be responsible for
			 ensuring that the approved training program complies at all times with this
			 chapter. To be qualified as a training program manager a person shall:
(1)
									Have demonstrated
			 experience, education or training in the construction industry, such as lead
			 abatement, painting, carpentry, occupational training and health, industrial
			 hygiene, or renovation and remodeling; and
(2)
									Meet one of the
			 following:
(a)
										Have at least two years of experience, including five
			 hundred hours of classroom experience, education, or training in teaching
			 adults;
(b)
										Have obtained a bachelor's or graduate level degree
			 from an accredited college or university in building construction technology,
			 engineering, industrial hygiene, safety, public health, education, business
			 administration, or a related field;
(c)
										Have two years of
			 experience in managing a training program that specialized in environmental
			 hazards; or
(d)
										Demonstrate experience, education, or training in the
			 construction industry including: lead abatement, painting, carpentry,
			 renovation, remodeling, occupational safety and health, or industrial
			 hygiene.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-82 - Lead Training Programs; Environmental Lead Analytical Laboratories › Section 3701-82-01 - Application procedures for lead training programs

Current through all regulations passed and filed through July 1, 2024
(A) A person shall submit an application for
			 approval of a training program on a form prescribed by the director. A separate
			 application shall be submitted for each program for which the person is seeking
			 approval. An application for approval of a training program shall contain:
(1) The applicant's statement setting forth
			 the intent to offer an initial or refresher program and, except for the state
			 of Ohio and local political subdivisions, a non-refundable fee of seven hundred
			  fifty dollars for an initial program
			 and two hundred  fifty dollars for a
			 refresher program, payable to the "Treasurer, State of Ohio" for the following
			 programs:
(a) Initial clearance technician
			 program;
(b) Initial lead inspector
			 program;
(c) Initial lead risk
			 assessor program;
(d) Initial lead
			 abatement contractor program;
(e)
			 Initial lead abatement project designer program;
(f) Initial lead abatement worker
			 program;
(g) Refresher clearance
			 technician program;
(h) Refresher
			 lead inspector program;
(i)
			 Refresher lead risk assessor program;
(j) Refresher lead abatement contractor
			 program;
(k) Refresher lead
			 abatement project designer program; and
(l) Refresher lead abatement worker
			 program.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-82 - Lead Training Programs; Environmental Lead Analytical Laboratories › Section 3701-82-01.1 - Qualifications for training managers and instructors

Current through all regulations passed and filed through July 1, 2024
(A) The applicant shall designate a training
			 manager who shall be responsible for ensuring that the approved training
			 program complies at all times with this chapter. To be qualified as a training
			 manager a person shall:
(1) Have demonstrated
			 experience, education or training in the construction industry, such as lead or
			 asbestos abatement, painting, carpentry, occupational training and health,
			 industrial hygiene, or renovation and remodeling; and
(2) Meet one of the following:
(a) Have at least two years, including at
			 least five hundred hours of classroom experience, education, or training in
			 teaching adults;
(b) Have obtained
			 a bachelor's or graduate level degree from an accredited college or university
			 in building construction technology, engineering, industrial hygiene, safety,
			 public health, education, business administration, or a related field;
			 or
(c) Have two years experience in
			 managing a training program that specialized in environmental
			 hazards.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-82 - Lead Training Programs; Environmental Lead Analytical Laboratories › Section 3701-82-02 - Application procedures for environmental lead analytical laboratory and clinical laboratory approval and standards of conduct

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraphs (H) and
			 (I) of this rule, and except for the performance of real time analysis of lead
			 content in paint film, no person shall provide or offer to provide analysis of
			 lead content in air, dust, soil, paint film or other substances, for the
			 purposes of meeting the requirements set forth in Chapter 3742. of the Revised
			 Code and the rules adopted thereunder, unless that person is approved by the
			 director as an environmental lead analytical laboratory or employed by an
			 environmental lead analytical laboratory approved by the director.
(B) The director shall not approve an
			 application for environmental lead analytical laboratory approval unless the
			 applicant meets all the following criteria:
(1) The applicant submits a complete
			 application for approval as an environmental lead analytical laboratory in
			 accordance with paragraph (K) of this rule;
(2) The applicant demonstrates successful
			 quarterly performance in the 
									Environmental Lead Proficiency Testing program
			 and is currently accredited by an accrediting organization that participates in
			 the 
									National
			 Lead Laboratory Accreditation Program (NLAPP) as provided for in
			 the "Housing and Community Development Act of 1992,"
			 106 Stat. 3672, 42 U.S.C., 15 U.S.C. 2601 et seq,
			 15
			 U.S.C. 2681 et seq, and
			 15 U.S.C
			 2683;
(3) The applicant demonstrates compliance
			 with the record-keeping and reporting requirements of rule
			 3701-32-14
			 of the Administrative Code; and
(4)
			 The applicant certifies that the laboratory will comply with all the
			 requirements of its NLLAP recognition.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-82 - Lead Training Programs; Environmental Lead Analytical Laboratories › Section 3701-82-03 - Variances

Current through all regulations passed and filed through July 1, 2024
(A) The director
			 may grant a variance from the requirements set forth in rules
			 3701-82-01
			 to
			 3701-82-02
			 of the Administrative Code unless variance is requested to a statutory
			 requirement. Before the director grants the variance, the party requesting the
			 variance must show that:
(1) Granting the
			 variance will not jeopardize the health and safety of the public; and
(2) Because of practical
			 difficulties or other special conditions, strict application of the rule
			 requirement, from which the variance is requested, will cause unusual and
			 unnecessary hardship.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-01 - General definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Accreditation award letter" means an
			 official letter stating the accreditation status and effective dates issued to
			 a health care facility by an entity that the director has determined as having
			 standards and a process for assessing compliance which equal or exceed the
			 requirements of section
			 3702.30 of the Revised Code and
			 the applicable requirements of Chapter 3701-83 of the Revised Code.
(B) "Administrator" means the person
			 responsible for the overall daily management of the health care
			 facility.
(C) "Advanced directives"
			 means a written document executed in accordance with section
			 2133.02 or section
			 1337.12 of the Revised
			 Code.
(D) "Current procedural
			 terminology" or "CPT" means the comprehensive listing of medical terms and
			 codes published by the American medical association for the uniform designation
			 of diagnostic and therapeutic procedures in surgery, medicine and the
			 specialties.
(E) "Dentist" means a
			 person licensed under Chapter 4715. of the Revised Code to practice
			 dentistry.
(F) "Department" means
			 the Ohio department of health.
(G)
			 "Dialysis station" or "station" means the equipment used to provide chronic
			 maintenance dialysis for a single patient at a given time, including equipment
			 used for self-dialysis and isolation stations.
(H) "Director" means the director of health
			 or any official or employee of the department designated by the director of
			 health.
(I) "Health care facility"
			 or "HCF" means any of the following:
(1) An
			 ambulatory surgical facility as defined in rule
			 3701-83-15
			 of the Administrative Code;
(2) A
			 freestanding dialysis center as defined in rule
			 3701-83-23
			 of the Administrative Code;
(3) A
			 freestanding inpatient rehabilitation facility as defined in rule
			 3701-83-25
			 of the Administrative Code;
(4) A
			 freestanding birthing center as defined in rule
			 3701-83-33
			 of the Administrative Code;
(5) A
			 freestanding radiation therapy center as defined in rule
			 3701-83-43
			 of the Administrative Code; and
(6) A freestanding or mobile diagnostic
			 imaging center as defined in rule
			 3701-83-51
			 of the Administrative Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-02 - Applicability of rules

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in section
			 3702.301 of the Revised Code and
			 paragraph (B) of rule
			 3701-83-03
			 of the Administrative Code, all health care facilities shall comply with rules
			 3701-83-02 to
			 3701-83-14 of
			 the Administrative Code. In addition, all:
(1) Ambulatory surgical facilities shall
			 comply with rules
			 3701-83-15
			 to
			 3701-83-22
			 of the Administrative Code;
(2)
			 Freestanding dialysis centers shall comply with rules
			 3701-83-23
			 to
			 3701-83-24
			 of the Administrative Code;
(3)
			 Freestanding inpatient rehabilitation facilities shall comply with rules
			 3701-83-25
			 to
			 3701-83-32
			 of the Administrative Code;
(4)
			 Freestanding birthing centers shall comply with rules
			 3701-83-33
			 to
			 3701-83-42
			 of the Administrative Code;
(5)
			 Freestanding radiation therapy centers shall comply with rules
			 3701-83-43
			 to
			 3701-83-50
			 of the Administrative Code; and
(6)
			 Freestanding or mobile diagnostic imaging centers shall comply with rules
			 3701-83-51
			 to
			 3701-83-55
			 of the Administrative Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-03 - General provisions and prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in section
			 3702.301 of the Revised Code and
			 paragraph (B) of this rule, no person or agency of state or local government
			 shall operate an HCF without a current valid license issued by the director
			 under section 3702.30 of the Revised Code or
			 operate an HCF when the license has been suspended or revoked.
(B) Except as provided in division (C) of
			 section 3702.301 of the Revised Code and
			 paragraph (C) of rule
			 3701-83-59
			 of the Administrative Code, a freestanding birthing center is not required to
			 obtain a license under section
			 3702.30 of the Revised Code if
			 all of the following are the case:
(1) A
			 religious denomination, sect, or group owns and operates the center
			 and has provided written notice to the director of the
			 following:
(a)
										An attestation by
			 the administrator or director that the center will be owned and operated by
			 members of a religious denomination, sect, or group and that requiring that the
			 center be licensed significantly abridges or infringes on the religious
			 practices and beliefs of that religious denomination, sect, or
			 group;
(b)
										An attestation by the administrator or director that
			 the center will be admitting, retaining, and providing care exclusively to
			 women members of a religious denomination, sect, or group that owns and
			 operates the center;
(c)
										The name of owner(s) and identification of what
			 religious denomination, sect, or group they are members of;
(d)
										The name of
			 proposed administrator or director of patient services and identification of
			 what religious denomination, sect, or group they are members
			 of;
(e)
										The name of board members and identification of what
			 religious denomination, sect, or group they are members of;
(f)
										The name of the
			 Ohio-licensed physician(s) who will provide obstetrical and/or pediatric
			 consultation and oversight of the center;
(g)
										The number and
			 type of staff (e.g., traditional midwives, certified professional midwives,
			 apprentice midwives, state-licensed health care professionals) who will provide
			 services in the center;
(h)
										The number of admissions and deliveries at the center
			 to date if services have commenced at the center prior to providing this
			 notice;
(i)
										What arrangements are in place with a hospital for
			 transfer of a mother or newborn in the event of medical complications;
			 and
(j)
										How and by whom each expectant mother will be assessed
			 prior to admission.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-04 - License application and renewal procedures

Current through all regulations passed and filed through July 1, 2024
(A) A person or agency of state or local
			 government seeking a license to operate an HCF shall submit to the director an
			 application, on a form and in a manner prescribed by the
			 
								director and shall include the following:
(1) A statement of ownership containing the
			 following information:
(a) The name, address,
			 and telephone number of the HCF.
(i) If the
			 owner is an individual, the owner's name, address, telephone number, business
			 address, and business telephone number.
(ii) If the owner is an association,
			 corporation, limited liability company, or partnership, the legal business
			 entity name, address, and telephone number of the entity and the name of every
			 person who has an ownership interest of five per cent or more in the entity.
			 The corporate name; if any, and the names, titles, addresses and telephone
			 numbers of its officers and statutory agent.
(iii) If the applicant is an agency of state
			 or local government, the name, address and telephone number of the individual
			 authorized to enter into agreements on behalf of the agency of state or local
			 government.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-05 - Issuance, renewal, and denial of licenses

Current through all regulations passed and filed through July 1, 2024
(A) The director shall issue or renew a
			 license to an HCF that submits an application for license in accordance with
			 rule
			 3701-83-04
			 of the Administrative Code and that demonstrates to the director it meets the
			 requirements of section
			 3702.30 of the Revised Code and
			 the requirements of Chapter 3701-83 of the Administrative Code.
			 Nothing herein shall exempt any HCF from the data
			 reporting requirements of Chapter 3701-83 of the Administrative Code, the fee
			 requirements of paragraph (C) of rule
			 3701-83-04
			 of the Administrative Code, and any other applicable state or federal law or
			 regulation.
(1) The director
			 may renew an HCF license without conducting an onsite inspection if:
(a) The HCF is accredited by a national
			 accrediting body approved by the centers for medicare and medicaid services, as
			 documented by a current award letter from the accrediting body;
(b) The HCF is deemed to meet or exceed the
			 applicable medicare program requirements for health care facilities as set
			 forth in this chapter, as documented by a current award letter from the
			 accrediting body or an approval letter from the centers for medicare and
			 medicaid services; or
(c) The HCF,
			 on the facility's most recent centers for medicare and medicaid services
			 survey, has been determined to be in compliance with the medicare program
			 participation requirements by virtue of a department conducted medicare
			 certification or recertification survey.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-05.1 - Compliance actions, revocation, and operating without a license

Current through all regulations passed and filed through July 1, 2024
(A) If the director
			 determines that an HCF is operating without a license in violation of division
			 (E)(1) of section 3702.30 of the Revised Code, the
			 director shall do one or more of the following:
(1) Notify the HCF that it is operating
			 without a license and issue a written order that the HCF apply for a license.
			 The order shall specify the time frame for filing a complete application in
			 accordance with rule
			 3701-83-04
			 of the Administrative Code that shall not exceed thirty days after the date of
			 the order;
(2) Issue a written
			 order that the HCF cease its operations. The department shall deliver the
			 written order issued under section
			 3702.32 of the Revised Code to
			 the HCF. The order shall be effective no later than fifteen days after the
			 facility receives the order, and shall stay in effect until such time as
			 specified by the director or until a license is issued;
(3) Issue a written order that prohibits the
			 HCF from performing certain types of services. The department shall deliver the
			 written order issued under section
			 3702.32 of the Revised Code to
			 the HCF. The order shall be effective on the date specified in the order and
			 shall stay in effect until such time as specified by the director or until a
			 license is issued;
(4) Impose a
			 civil penalty as provided under paragraph (A) of rule 3701-83-05.2 of the
			 Administrative Code. The civil penalty shall not be less than one thousand
			 dollars and not more than two hundred fifty thousand dollars;
(5) Impose an additional civil penalty as
			 provided under paragraph (D) of rule 3701-83-05.2 of the Administrative Code.
			 The civil penalty shall not be less than one thousand dollars and not more than
			 ten thousand dollars for each day that the HCF continues to operate without a
			 license in violation of an order issued under paragraph (A) of this
			 rule.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-05.2 - Civil penalties

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided under paragraph (B) of
			 this rule, civil penalties imposed under paragraph (A)(4) or paragraph (C)(4)
			 of rule 3701-83-05.1 of the Administrative Code for a violation of section
			 3702.30
			 of the Revised Code, Chapter 3701-83 of the Administrative Code, or any other
			 rule adopted by the director under section
			 3702.30
			 of the Revised Code shall be imposed as follows:
(1) If no harm has occurred to any patient,
			 one thousand to fifty thousand dollars;
(2) If harm has occurred to one or more
			 patients, fifty-one thousand to one hundred thousand dollars;
(3) If there has been permanent injury to one
			 or more patients, one hundred one thousand to one hundred fifty thousand
			 dollars; and
(4) If death has
			 occurred to one or more patients, one hundred fifty-one thousand to two hundred
			 fifty thousand dollars.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-07 - Patient care policies

Current through all regulations passed and filed through July 1, 2024
(A) The HCF shall develop and follow
			 comprehensive and effective patient care policies that include
			 and ensure:
(1) Each
			 patient 
									is treated with consideration, respect, and full
			 recognition of dignity and individuality, including privacy in treatment and
			 personal care needs;
(2) Each
			 patient is allowed to refuse or withdraw consent for
			 treatment;
(3) Each patient
			 has
			 access to their medical record, unless access is specifically
			 restricted by the attending physician for medical reasons;
(4) Each patient's medical and financial
			 records are kept in confidence; and
(5) Each patient receives, if requested, a detailed explanation of
			 facility charges including an itemized bill for services received.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-08 - General personnel and staffing requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each HCF shall utilize personnel that
			 have appropriate training and qualifications for the services that they
			 provide. Any staff member who functions in a professional capacity shall meet
			 the standards applicable to that profession, including but not limited to
			 possessing a current Ohio license, registration, or certification, if required
			 by law, and working within their scope of practice. Copies of current Ohio
			 licenses, registrations and certifications shall be kept in the employee's
			 personnel files or the provider of the HCF shall have an established system of
			 records necessary for the director to ascertain that all individuals employed
			 at the HCF who function in a professional capacity meet the standards
			 applicable to that profession, including, but not limited to, possessing a
			 current Ohio license, registration, or other certification if required by
			 law.
(B) Each HCF shall develop and
			 follow a tuberculosis control plan that is based on the provider's assessment
			 of the facility. The control and assessment shall be consistent with the
			 centers for disease control and prevention (CDC) "Guidelines for Preventing the
			 Transmission of Mycobacterium tuberculosis in Health Care Settings, 2005," MMWR
			 2005, Volume 54, No. RR-17. The HCF shall retain documentation evidencing
			 compliance with this paragraph and shall furnish such documentation to the
			 director upon request.
(C) Each HCF
			 shall not knowingly permit a staff member to provide services if the staff
			 member:
(1) Has a communicable disease capable
			 of being transmitted during the performance of their duties; or
(2) Is under the influence of drugs or
			 alcohol.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-09 - General service standards

Current through all regulations passed and filed through July 1, 2024
(A)
								
								Each HCF shall assure all staff members provide
			 services in accordance with:
(1) Applicable
			 current and accepted standards of practice and the clinical capabilities of the
			 HCF; and
(2) Applicable state and
			 federal laws and regulations.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-83 - Licensing Provisions for Health Care Facilities › Section 3701-83-10 - General building and site requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each HCF shall:
(1) Have a certificate of use and occupancy,
			 from a local, certified building department or by the department of commerce as
			 meeting applicable requirements of Chapters 3781., 3783., and 3791. of the
			 Revised Code and any rules adopted under them or obtain documentation from the
			 appropriate building authority that the HCF is not regulated by the state
			 building code; and
(2) Comply with
			 the applicable provisions of Chapter 3737. of the Revised Code and the rules
			 adopted under it.