Ohio Administrative Code › Title 4729:11 - HME Services › Chapter 4729:11-2 - HME Services Provider › Section 4729:11-2-02 - Designated representative

Current through all regulations passed and filed through July 1, 2024
(A)
								A location
			 licensed or registered as a HME provider shall have a designated representative
			 at all times.
(B)
								When there is a change of designated representative,
			 the state board of pharmacy shall be notified by the new designated
			 representative within ten days of the effective date of the appointment of the
			 new designated representative in a manner determined by the
			 board.
(C)
								The designated representative shall be responsible for
			 compliance with all applicable state and federal laws, regulations, and rules
			 governing the provision of HME services.
(D)
								The designated
			 representative shall be physically present at the licensed or registered
			 location for a sufficient amount of time to provide supervision of the
			 activities conducted by a HME services provider.
(E)
								Unless otherwise
			 approved by the board, a HME services provider shall not have a designated
			 representative who:
(1)
									Has been denied the right to work in any facility by
			 the state board of pharmacy as part of an official order of the
			 board.
(2)
									Has been denied the right to work in such a facility by
			 another professional licensing agency as part of an official order of that
			 agency.
(3)
									Has committed an act that constitutes a misdemeanor
			 theft offense, regardless of the jurisdiction in which the act was
			 committed.
(4)
									Has committed an act that constitutes a felony,
			 regardless of the jurisdiction in which the act was committed.
(5)
									Is addicted to or
			 abusing alcohol or drugs.
(6)
									Has committed an act that constitutes a misdemeanor
			 involving dishonesty, fraud, or directly related to the provision of HME
			 services, regardless of the jurisdiction in which the act was
			 committed.
(7)
									Has been disciplined by the state board of pharmacy
			 pursuant to Chapter 4729. of the Revised Code, except for a disciplinary action
			 related to the failure to timely obtain continuing education required pursuant
			 to agency 4729 of the Administrative Code.
(8)
									Has been excluded
			 from participation in medicare or a state health care program.
(9)
									Has been the
			 subject of any of the following by an accrediting agency or a licensing or
			 certification agency of any state or jurisdiction:
(a)
										A disciplinary
			 action that resulted in the suspension, probation, surrender or revocation of
			 the person's license, registration, certification, or accreditation;
			 or
(b)
										A disciplinary action that was based, in whole or in
			 part, on the person's provision of home medical equipment
			 services.
(10)
									Has committed an act that constitutes a misdemeanor
			 that is related to, or committed in, the employee's professional
			 practice.
(11)
									Has committed an act of moral turpitude that
			 constitutes a felony or misdemeanor in this state, regardless of the
			 jurisdiction in which the act was committed.