Chapter 3701-2 Divisions and Bureaus

3701-2-01 Bylaws of the Public Health Council of the State Department of Health.

(A) Organization.

(1) Membership. The public health council (the council) shall consist of the following seven members to be appointed by the governor:

(a) Three physicians who are licensed to practice medicine in the state;

(b) A pharmacist who is licensed to practice pharmacy in the state;

(c) A registered nurse who is licensed to practice nursing as a registered nurse in the state;

(d) A sanitarian who holds a valid certificate of registration as a sanitarian issued under section 4736.11 of the Revised Code; and

(e) A member of the public who is not associated with or financially interested in the practice of medicine, nursing, pharmacy, or environmental health, and is at least sixty years of age.

(2) Officers.

The officers of the council shall be a chairperson (chair) and a secretary, as provided by section 3701.33 of the Revised Code, and a vice chairperson (vice chair).

(3) Officer duties.

(a) The chair shall preside at all meetings of the council and shall perform such other duties as are required by statute and parliamentary procedures.

(b) The vice chair shall preside over the meetings of the council in the absence of the chair. The vice chair shall also perform such other duties as designated by the council or the chair.

(c) The secretary shall record and maintain the minutes of the council and perform such other duties as may be required by the council. If neither the chair nor the vice chair are present at the meeting, then the secretary may preside. The director of health, shall designate an officer or employee of the department of health to act as secretary, and an additional employee to act as the administrative assistant to the council. Additional employees shall be designated to the council as needed.

(4) Election of officers.

On or before the first day of July of each year, the council shall designate the members who shall act as chair and vice chair for the ensuing year.

(5) Terms of office.

Council members shall serve seven year terms commencing on the first day of July, and ending on the thirtieth day of June. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed.

(6) Vacancies.

Any member appointed to fill a vacancy occurring prior to the expiration of term for which the predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Vacancies in council membership, either by term limits or resignation, shall be filled by governor's appointment in accordance with section 3701.33 of the Revised Code. Recommendations on filling vacancies may be made to the director by the council.

(7) Meetings.

(a) The council shall hold its regular meetings at intervals of approximately six to nine weeks as scheduled by the secretary and administrative assistant in consultation with the council. Meetings shall be held at the offices of the Ohio department of health, or at any other place, as deemed advisable by the council or the director.

(b) Special meetings may be called upon the request of any four members of the council or upon request of the director of health, and may be held at any place considered advisable by the council or director. The purpose of special meetings shall be stated in the call, and no other business shall be considered at such meetings, except by unanimous consent of the members present. The date and place of the meeting shall be specified in the call.

(c) Notice of all regular and special meetings shall be given to council members at least ten days in advance of such meeting. Notice of meetings shall be provided through the council's mail list, the department's website, and any other means available to the council and department.

(8) Meeting Agendas.

The order of business at regular and special meetings of the council shall generally follow the format below:

(a) Roll call;

(b) Statement and report of the director;

(c) Chair's report;

(d) Public hearings

(e) Consideration and approval of minutes;

(f) Unfinished business;

(g) New business;

(h) Report of any committees

(i) Division updates and reports; and

(j) Adjournment.

(9) Minutes and agendas.

(a) The minutes of previous meetings and the next meeting's agenda and information on any matters to be presented to the council at any regular or special meeting shall be provided to the council within seven days prior to the regular or special meeting.

(b) Meeting minutes, agenda, and related informational materials may be provided to the council by either electronic or written formats.

(c) All proceedings of the council shall be transcribed by a court reporter and such transcription shall become the official report of the public proceedings and maintained by the department.

(10) Attendance.

Council members are expected to attend a minimum of seventy-five percent of meetings conducted annually. Notice of absenteeism must be provided to the council's secretary or administrative assistant in advance of the meeting in order to be considered an excused absence. Three consecutive, unexcused absences shall be considered notice of a council member's intent to resign from the council, and such intent forwarded to the governor's office by the director.

(11) Committees.

The chair shall appoint any committees of the council as deemed necessary by the chair. In addition, there shall be one standing committee, the by-laws committee. The purpose of the by-laws committee shall be to review and periodically update the council's by-laws.

(12) Quorum.

Four members of the council constitutes a quorum for the transaction of business.

(B) Public rulemaking hearings.

If the council calls a public hearing for the purpose of adopting, amending, or rescinding rules under Chapter 119. or section 111.15 of the Revised Code, the secretary may conduct the public hearing when a quorum of the council is not present at the hearing. If neither the chair nor the vice chair of the council is present at the public hearing held in the absence of a quorum, then the secretary may preside at the hearing. If the secretary conducts a public hearing in accordance with this paragraph, the secretary shall provide to each council member who was not present at the public hearing a copy of a verbatim transcript of the hearing proceedings, along with all witness exhibits consisting of written comments, submissions, and testimony introduced at the public hearing. The secretary shall provide the copies of the transcript and exhibits before the council takes any final action on any new, amended or rescinded rules that were the subject of the public hearing.

(C) Financial disclosure statement and ethics training.

Council members shall remain compliant with laws regarding financial disclosure and shall attend ethics training as required by executive order.

Replaces: 3701-2-01

Effective: 04/08/2010
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.33 , 3701.34
Prior Effective Dates: 12/31/1977, 9/21/81, 5/20/91

3701-2-02 Divisions and bureaus.

The public health council prescribes the following three divisions and fifteen bureaus in the department of health:

(A) Division of family and community health services:

(1) Bureau of child and family health services;

(2) Bureau for children with medical handicaps and early intervention services;

(3) Bureau of nutrition services; and

(4) Bureau of community health services and patient-centered primary care.

(B) Division of prevention and health promotion:

(1) Bureau of environmental health;

(2) Bureau of healthy Ohio;

(3) Bureau of infectious diseases;

(4) Bureau of public health laboratory;

(5) Bureau of radiation protection;

(6) Bureau of HIV/AIDS, STD, and TB; and

(7) Bureau of public health preparedness.

(C) Division of quality assurance:

(1) Bureau of long term care quality;

(2) Bureau of information and operational support;

(3) Bureau of regulatory compliance; and

(4) Bureau of community health care facilities and services.

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 11/15/78, 3/1/82, 2/10/84, 2/27/84, 6/4/84, 5/10/85, 11/28/86, 9/27/90, 5/20/91, 10/31/91, 8/17/92, 1/1/94, 4/1/94, 2/24/95, 5/4/95, 7/31/95, 4/15/96, 9/29/96, 7/21/97, 10/16/98, 3/31/99, 6/19/00, 2/26/01, 4/20/01, 11/7/05, 8/19/07, 12/22/08, 2/16/09, 4/9/10, 10/03/10, 2/3/11

3701-2-03 Division of family and community health services.

(A) The function of providing administrative direction, leadership, and coordination of the activities of the bureaus for child and family health services, children with medical handicaps and early intervention services, nutrition services, and community health services and patient-centered primary care, is prescribed for the division of family and community health services.

(B) The following minimum qualifications of the chief of the division of family and community health services are prescribed as one of the following:

(1) A certificate to practice medicine in Ohio as provided by Chapter 4731. of the Revised Code and five years of experience in the administration of family and community health programs or other equivalent experience ;

(2) A certificate to practice nursing in Ohio as provided by Chapter 4723. of the Revised Code, a masters degree or higher in nursing from an accredited institution of higher learning, and five years of experience in the administration of family and community health programs or other equivalent experience ; or

(3) A masters degree in a field related to public health and ten years of broad-based public health experience.

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 11/15/78, 11/28/86, 9/27/90, 8/7/92, 5/8/94, 5/4/95, 2/7/98, 2/6/06, 2/16/09, 4/09/10

3701-2-03.1 Bureau of child and family health services.

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

3701-2-03.2 Bureau for children with medical handicaps and early intervention services.

(A) The following functions are prescribed for the bureau for children with medical handicaps and early intervention services:

(1) Coordination and administration of the program for children with medical handicaps and adults with cystic fibrosis;

(2) Development, monitoring and evaluation of programs for children with medical handicaps through local health departments, hospitals, other providers and other teaching institutions and voluntary agencies;

(3) Provision of technical assistance, consultation and administration of funds to programs under section 3701.501 , 3701.502 , 3701.23 and 3701.131 of the Revised Code and Chapter 3701-55 of the Administrative Code related to genetic services, sickle cell, and newborn metabolic, genetic and endocrine screening;

(4) Coordination and administration of the hemophilia insurance premium payment program for adults with hemophilia and related bleeding disorders;

(5) Coordination of the early intervention program for infants and toddlers with disabilities or developmental delays and their families and administration of funds under the "Individuals with Disabilities Education Act," 20 U.S.C. 1400 to 1482 ;

(6) Coordination of the home visiting programs for expectant and new parents, operating within the statewide, comprehensive early childhood system that promotes maternal, infant, and early childhood health and development;

(7) Collaboration with head start, early head start, child care, pre-school, foster care and other early childhood programs conducted within the state; and

(8) Coordination and administration of the universal newborn hearing screening program.

(B) Any such functions set forth in paragraph (A) of this rule requiring a medical determination shall be overseen by a physician licensed to practice medicine in Ohio as provided by Chapter 4731. of the Revised Code, who shall serve as the medical director for the bureau or division.

(C) The following minimum qualifications of the chief of the bureau for children with medical handicaps and early intervention services are prescribed:

(1) A certificate to practice medicine in Ohio as provided by Chapter 4731.of the Revised Code and three years of experience administering programs for children with medical handicaps or developmental delays; or

(2) A master's degree in a health related area and three years of broad-based experience working with programs for children with medical handicaps, developmental delays or equivalent experience.

Replaces: 3701-2- 03.2, 3701-2- 03.4

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 11/28/86, 9/27/90, 8/17/92, 5/4/95, 2/7/98, 8/4/03

3701-2-03.3 [Rescinded]Bureau of community health services and systems development.

Effective: 04/09/2010
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 5/4/1995, 4/7/98

3701-2-03.4 [Rescinded]Bureau of early intervention services.

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 8/17/1992, 5/4/95, 2/7/98, 8/4/03

3701-2-03.5 Bureau of health services information and operational support. [Rescinded].

Rescinded eff 2-16-09

3701-2-03.6 Bureau of nutrition services.

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

3701-2-03.7 Bureau of community health services and patient-centered primary care.

(A) The following functions are prescribed for the bureau of community health services and patient-centered primary care:

(1) Facilitate, collaborate and provide technical assistance for primary care practices in becoming patient-centered medical homes;

(2) Promote access to population-based oral disease prevention programs, dental care programs and oral health data and information;

(3) Assist with the recruitment and retention of health care professionals in underserved areas and establish partnerships among health care providers and other stakeholders to strengthen systems of care in rural and underserved communities; and

(4) Provide technical assistance in support of the provision of quality health services in schools, including but not limited to school nursing services, to promote student health and success, coordinate with other state agencies and adolescent health partners to improve the health of adolescents, and collaborate with other disciplines, programs and agencies to integrate and coordinate services that are effective, culturally appropriate, and responsive to the diverse needs of adolescents.

(B) The following minimum qualifications of the chief of the bureau of community health services and patient-centered primary care are prescribed:

(1) A license to practice medicine and surgery or osteopathic medicine and surgery in Ohio as provided by Chapter 4731. of the Revised Code or a license to practice dentistry in Ohio as provided by Chapter 4715. of the Revised Code and three years of broad-based experience with community-based health care delivery programs and systems and knowledge of public health systems or equivalent experience; or

(2) A master's degree in a health-related field and three years of broad-based experience with community-based health care delivery programs and systems and knowledge of public health systems or equivalent experience.

Replaces: 3701-2- 03.7

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 9/27/90, 5/4/95, 2/7/98, 4/9/10

3701-2-04 Division of prevention and health promotion.

(A) The function of providing administrative direction, leadership, and coordination of the activities of the bureaus for environmental health, infectious diseases, HIV/AIDS, STD, and TB, public health laboratory, radiation protection, healthy Ohio, and public health preparedness is prescribed for the division of prevention and health promotion.

(B) The following minimum qualifications of the chief of the division of prevention and health promotion are prescribed:

(1) A certificate to practice medicine in Ohio as provided by Chapter 4731. of the Revised Code and five years of broad-based management experience in preventive medicine or other equivalent experience; or

(2) A doctorate in a field related to public health and five or more years of broad-based public health experience; or

(3) A master's degree in a field related to public health and ten or more years of broad-based public health experience; or

(4) Other equivalent combination of education and experience.

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 6/4/1995, 7/31/95, 4/15/96, 9/29/96, 7/21/97, 10/16/98, 4/20/01, 11/7/05, 8/19/07, 12/22/08, 2/16/09, 4/9/10, 10/30/10

3701-2-04.1 Bureau of environmental health.

(A) The following functions are prescribed for the bureau of environmental health;

(1) Develop and promote programs in the department of health, other state agencies, and local health departments for indoor environmental air management;

(2) Study the distribution and determinants of environmentally-related adverse health outcomes in the human population of Ohio;

(3) Coordinate the activities of the bureau of environmental health with related activities of other programs in the department of health and coordinate the toxicology activities of the department of health with related activities in local, state, federal, and non-governmental agencies;

(4) Maintain a program of research toxicology pertaining to conditions which adversely affect human health in Ohio;

(5) Promote the advancement of community programs in basic disease prevention and surveillance and supplement these community programs with direct services from the bureau as needed; and

(6) Establish standards for performing quality assurance evaluation of local health agencies and their communities regarding environmental health needs and organizational capacity to address those needs;

(7) Provide technical assistance, consultation, and training to health commissioners, directors of environmental health and staff of local health districts regarding local environmental health program activities, including nuisance abatement, school inspections, tatoo and body piercing regulations, resident and day camp inspections and personnel needs assessments;

(8) Coordinate the activities of the bureau of environmental health with activities of other programs in the department of health and other state agencies to provide comprehensive environmental health technical assistance, consultation, training, and quality assurance activities to local health agencies, regulated industries, and other interests;

(9) Provide technical assistance, consultation, training, quality assurance surveys of city and general health districts and coordinate with the department of agriculture to administer and enforce the provisions of the Ohio retail food safety law, Chapter 3717. of the Revised Code, and the rules adopted under that chapter;

(10) Disseminate food product recall information to city and general health districts and coordinate food product recalls and traceback investigations with local, state, and federal agencies;

(11) Provide technical assistance, consultation, training and quality assurance surveys of city and general health districts to administer and enforce the provisions of the Ohio marina law, section 3733.21 to 3733.30 of the Revised Code, and the rules adopted under those sections;

(12) Provide technical assistance, consultation, training and quality assurance surveys of city and general health districts to administer and enforce the provisions of the Ohio manufactured home park law, sections 3733.01 to 3733.08 of the Revised Code, and the rules adopted under those sections;

(13) Provide technical assistance, consultation, training and quality assurance surveys of city and general health districts to administer and enforce the provisions of the Ohio recreational park/camp law, sections 3733.01 to 3733.08 of the Revised Code, and the rules adopted under those sections and section 3701.34 of the Revised Code that relate to parks and camps;

(14) Provide technical assistance, consultation, training and quality assurance surveys of city and general health districts to administer and enforce the provisions of the Ohio public swimming pool and spa law, Chapter 3749. of the Revised Code, and the rules adopted under that chapter and section 3701.34 of the Revised Code that relate to public swimming pools, spas, and bathing areas;

(15) Provide engineering plan review, construction verification inspections and technical assistance for development, modification and new construction of projects regulated under Chapter 3749. of the Revised Code, and the rules adopted under that chapter and section 3701.34 of the Revised Code that relate to public swimming pools and spas;

(16) Provide engineering plan review, construction verification inspections and technical assistance for development, modification and new construction of projects regulated under sections 3733.01 to 3733.08 of the Revised Code, and the rules adopted under those sections that relate to manufactured home parks;

(17) Provide engineering plan review, construction verification inspections and technical assistance for development, modification and new construction of projects regulated under sections 3733.01 to 3733.08 of the Revised Code, and the rules adopted under those sections and section 3701.34 of the Revised Code that relate to parks and camps;

(18) Provide engineering plan review, construction verification inspections and technical assistance for development, modification and new construction of projects regulated under sections 3733.21 to 3733.30 of the Revised Code, and the rules adopted under those sections that relate to marinas;

(19) Provide technical assistance, consultation, training and quality assurance surveys of city and general health districts to administer and enforce sections 3701.344 to 3701.346 of the Revised Code and the rules adopted under those sections and section 3701.34 of the Revised Code that relate to private water systems;

(20) Conduct private water systems and ground water investigations with city and general health districts including coordination of water quality sample analysis;

(21) Administer the provisions of section 3701.344 of the Revised Code, and the rules adopted under that section and section 3701.34 of the Revised Code that pertain to private water system contractor registration;

(22) Administer the provisions of Chapter 3718. of the Revised Code and Chapter 3701-29 of the Administrative Code that pertain to household sewage treatment systems;

(23) Inspect, administer and coordinate enforcement activities for the agricultural migrant labor camp program as required by sections 3733.41 to 3733.49 of the Revised Code;

(24) Sample and analyze water from selected public beaches along lake erie using established environmental protection agency (EPA) water quality standards for recreational use and make recommendations regarding posting advisory signs whenever bacteria levels present a possible health risk to swimmers; and

(25) Review the results of water analyzed by the department of natural resources taken from all state park bathing beaches and notify the department of natural resources when to post advisory signs that the bacteria levels present a possible risk to swimmers as required by sections 1541.032 and 3701.18 of the Revised Code;

(26) Provide public health assessments and consultations to local health departments, the general public, and the Ohio and U.S. environmental protection agencies regarding chemically contaminated properties;

(27) Conduct fish consumption risk assessment and provide advice on the consumption of Ohio sports fish;

(28) Provide the public with information on the health effects of various chemicals in air, food, surface water, and drinking water.

(B) The following minimum qualifications of the chief of the bureau of environmental health are prescribed:

(1) A master's degree in a health-related field, and three years progressively responsible administrative or management experience in the area of environmental health or toxicology, or a license as a registered sanitarian as provided by Chapter 4736. of the Revised Code; or

(2) Other equivalent combination of education and experience.

Effective: 11/07/2005
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 11/15/78, 6/12/82, 2/27/84, 9/27/90, 8/17/92, 5/24/95, 2/8/97, 2/26/2001

3701-2-04.2 Bureau of healthy Ohio.

(A) The following functions are prescribed for the bureau of healthy Ohio:

(1) Provide financial and technical support to local health districts for prevention and control programs designed to reduce health risks;

(2) Plan, organize, execute, and evaluate programs designed to control chronic diseases and to reduce health risks in Ohio;

(3) Establish pilot projects designed to reduce health risks on a demonstration basis;

(4) Develop and promote violence and injury prevention, nutrition and physical activity and tobacco risk reduction programs;

(5) Prevent and control occupational diseases;

(6) Promote development of occupational health programs;

(7) Plan, direct, administer and evaluate health communication and promotion programs and policies in the agency, in order to provide overall leadership and coordination for population-based health education and disease prevention initiatives;

(8) Provide public health professionals and the general public with access to information systems, services, and materials that support or promote the health of individuals and communities; and

(9) Provide leadership in developing priorities, strategies, standards and practices for effective chronic disease and health promotion, including communications targeted to specific cultural and/or socioeconomic populations defined at risk for certain health problems.

(B) The following minimum qualifications of the chief of the bureau of healthy Ohio are prescribed:

(1) A master's degree in a health-related field, and three years progressively responsible administrative or management experience in the areas of chronic disease prevention, risk reduction, or health promotion and education; or

(2) Other equivalent combination of education and experience.

Replaces: 3701-2-07

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 12/12/81, 5/10/85, 9/27/90, 5/4/95, 9/29/96, 7/21/97, 8/19/07

3701-2-04.3 Bureau of health promotion and risk reduction. [Rescinded].

Rescinded eff 8-19-07

3701-2-04.4 Bureau of infectious diseases.

(A) The following functions are prescribed for the bureau of infectious diseases:

(1) Develop, conduct, and maintain a statewide program of surveillance, prevention and control of foodborne, waterborne, health-care associated infection (HAI), and emerging infectious disease outbreaks, and incidents of bioterrorism;

(2) Systematically collect, analyze, manage and distribute population-based infectious disease surveillance data other than infectious diseases managed by the bureau of HIV/AIDS, STD, and TB;

(3) Determine the nature and extent in Ohio of conditions affecting infectious diseases of animal origin and define the public health problems pertaining to those diseases, provide programs for surveillance of vector-borne diseases, and provide consultation and assistance in complying with the isolation and reporting requirements of Chapter 3701-3 of the Administrative Code regarding animal bites;

(4) Administer a statewide immunization program to reduce and eliminate vaccine-preventable diseases among Ohio's children, adolescents, and adults including, but not limited to, compliance with section 3701.133 of the Revised Code regarding meningococcal meningitis and hepatitis information and section 3701.134 of the Revised Code regarding provision of immunization of children against chickenpox;

(5) Conduct the federally funded vaccine for children program in Ohio, operate the statewide immunization registry, and provide training, education, and technical assistance to local health departments, health care providers, and the public regarding immunization;

(6) Provide consultation and guidance to local health departments, health care providers, and the general public in the prevention and control of influenza;

(7) Apply epidemiological principles in the analyzed reported data to meet intervention planning and policy needs while maintaining confidentiality of the data as required by the Revised Code.

(B) The following minimum qualifications of the chief of the bureau of infectious diseases are prescribed:

(1) A master's degree in public health or other related fields and three years progressively responsible administrative or management experience in the areas of health surveillance, disease tracking and epidemiological systems, and management information systems and resources; or

(2) Other equivalent combination of education and experience.

Effective: 10/03/2010
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 5/4/1995, 12/22/08, 2/16/09, 4/9/10

3701-2-04.5 Bureau of HIV/AIDS, STD, and TB.

(A) The following functions are prescribed for the bureau of HIV/AIDS, STD, and TB:

(1) Develop, conduct, stimulate, and maintain statewide community programs to prevent and control, sexually transmitted diseases (STD), human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS), and tuberculosis (TB);

(2) Plan, develop, and administer education, risk reduction, community intervention, counseling and testing and other programs targeting persons at high risk for HIV and other STD and provide consultation and assistance in complying with the reporting, treatment, and isolation requirements of Chapter 3701-3 of the Administrative Code relative to HIV and other STD and the requirements of section 3701.241 of the Revised Code;

(3) Administer the state program of grants of drugs to local health departments for the purpose of STD control;

(4) Determine priority prevention target groups and appropriate disease intervention strategies to reduce to the lowest levels HIV and STD infection among Ohioans;

(5) Provide consultation and assistance in the implementation of section 3701.146 of the Revised Code and Chapter 3701-15 of the Administrative Code and administer statewide program initiatives to identify and treat persons with active (TB), find and screen persons who have been in contact with (TB) patients, and screen high-risk populations to detect persons infected with (TB);

(6) Develop, conduct and maintain systems for the statewide surveillance of HIV/AIDS and STD for distribution and use by ODH programs, health care providers, local health departments, and the public as required by division (A)(1) of section 3701.241 of the Revised Code;

(7) Develop, conduct, and maintain systems for the statewide surveillance and incidence registry of TB for distribution and use by ODH programs, health care providers, local health departments, and the public as required by section 3701.146 of the Revised Code;

(8) Administer funds received for programs to improve the quality and availability of care administered by HIV care services for individuals with AIDS, AIDS-related conditions, and HIV infections;

(9) Develop and maintain a statewide care system for persons with AIDS, AIDS-related conditions, and HIV infections through development of a case management network;

(10) Conduct a program for statewide distribution of drugs for HIV-related conditions.

(B) The following minimum qualifications of the chief of the bureau of HIV/AIDS, STD, and TB are prescribed:

(1) A master's degree in any of the following disciplines: public administration; business administration; public health; health administration; nursing, or other health-related field; and three years of broad-based experience in managing a health-related program; or

(2) Other equivalent combination of education and experience.

Effective: 06/04/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 12/12/81, 9/27/90, 5/4/95, 2/7/98, 10/14/98, 12/22/08, 4/9/10, 10/3/10

3701-2-04.6 Bureau of public health laboratory.

(A) The following functions are prescribed for the bureau of public health laboratory:

(1) Examination of specimens for evidence of infectious or chronic diseases;

(2) Conduct chemical, radiological, and bacteriological examinations of food, air, sewage, and industrial wastes. Radiological examinations are conducted on water as a requirement for compliance with federal drinking water regulations;

(3) Screening of newborns for genetic, endocrine, or metabolic disorders pursuant to section 3701.501 of the Revised Code;

(4) Develop, conduct, and maintain a vector-born disease laboratory to monitor the occurrence of disease vectors through laboratory testing of mosquitos for infectious viruses, animal tissues for evidence of infection, and arthropod identification;

(5) Determine techniques or methods for chemically analyzing a person's blood, urine, breath, or other bodily substance in order to ascertain the amount of alcohol, a drug of abuse or alcohol, and a drug of abuse pursuant to section 3701.143 of the Revised Code;

(6) Promulgate satisfactory techniques or methods to determine the concentration of alcohol and/or drugs of abuse in blood, urine and breath or other bodily substance so one can perform the alcohol and drug analyses described in paragraph (A)(5) of this rule;

(7) Ascertain the qualifications of individuals to conduct such analyses described in paragraph (A)(5) of this rule and issue permits to qualified persons authorizing them to perform such analyses. Such permits shall be subject to suspension or revocation at the discretion of the director;

(8) Evaluate and recommend approval of evidential breath testing instruments; and

(9) Analyze and recommend the approval of simulator solutions used in evidential breath testing instruments.

(B) The following minimum qualifications of the chief of the bureau of public health

laboratory are prescribed:

(1) Completion of graduate studies in any of the following disciplines: public administration, business administration, or other business related fields; or

(2) Other equivalent combination of education and experience.

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 9/27/90, 8/17/92, 5/4/95, 2/8/97, 4/27/98, 10/16/98, 5/6/00, 4//9/10

3701-2-04.7 Bureau of public health preparedness.

(A) The following functions are prescribed for the bureau of public health preparedness :

(1) Coordinate with other governmental units in responding to disasters;

(2) Prepare, coordinate, and manage all federal and state bioterrorism and hospital preparedness related grants;

(3) Assure that emergency preparedness plans prepared by bureaus and programs in the department of health are consistent with the provisions of the state of Ohio emergency response plan;

(4) Establish and conduct a state wide program to insure that local health departments, hospitals, and health care facilities develop and implement comprehensive emergency response plans that are consistent with the provisions of the state of Ohio emergency response plan;

(5) Establish and conduct a state wide program to assure effective and interoperable communications plans for the department;

(6) Establish and conduct a state wide program to assure that local health departments, hospitals, and health care facilities implement a program of training, exercises and drills to assure that emergency response plans are effective and responsive to likely emergency response scenarios in Ohio;

(7) Establish, conduct and coordinate all activities of the department of health to assure that volunteers are used effectively in acts of bioterrorism, natural disaster, and mass casualty;

(8) Assure compliance with rules of the Administrative Code regarding reporting requirements for poison control centers, and trauma centers relative to acts of bioterrorism, natural disaster, and mass casualty and

(9) Obtain and maintain medical and other material necessary for a rapid response to protect the public's health as well as establish and conduct responsive interventions to a public health emergency.

(B) The following minimum qualifications of the chief of the bureau of public health preparedness are prescribed:

(1) A master's degree in a health-related field, public administration, business administration, or other business related field, and three years progressively responsible administrative or management experience in the area of public health, public administration, or toxicology; or

(2) Other equivalent combination of education and experience.

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 11/7/2005, 12/22/08

3701-2-04.8 Bureau of radiation protection.

[This rule designated an internal management rule.]

(A) The following functions are prescribed for the bureau of radiation protection:

(1) Administer the radiological health laws, Chapter 3748. of the Revised Code and the rules adopted under that chapter including the inspection, administration, and coordination of enforcement activities for the radiation-generating equipment inspection and registration program;

(2) Administer Chapter 3747. of the Revised Code and the rules adopted under that chapter pertaining to low-level radioactive waste;

(3) Provide all health physics assessments for the Ohio utility radiological safety board pursuant to sections 4937.02 to 4937.05 of the Revised Code;

(4) Conduct environmental monitoring of nuclear facilities and contaminated sites pursuant to agreements with the federal government;

(5) Coordinate the department's radiological health response to emergencies at fixed nuclear facilities pursuant to interagency agreements including response to radiation related incidents at licensed facilities and other locations throughout Ohio;

(6) Conduct the state indoor radon program in conjunction with the United States environmental protection agency;

(7) Conduct implementing agreements with the United States nuclear regulatory commission including responsibilities pursuant to agreement state status related to the administration, licensure, and enforcement of Chapter 3748. of the Revised Code for radioactive materials;

(8) Administer and enforce the radiologic licensure program as required by Chapter 4773. of the Revised Code;

(9) Administer the "Mammography Quality Standards Act of 1992", 42 U.S.C. 263 , as amended, and implement annual inspection of all mammography facilities through contract with the United States food and drug administration;

(10) Administer and conduct processes for licensing and inspecting freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers pursuant to section 3702.30 of the Revised Code and the rules adopted under that section and conduct enforcement of those standards at freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers;

(11) Administer the provisions of the safety and quality of care standards for linear accelerator, cobalt radiation and gamma knife services pursuant to sections 3702.11 to 3702.20 of the Revised Code and the rules adopted under those sections;

(12) Establish data collection parameters to implement section 3702.11 of the Revised Code pertaining to linear accelerator, cobalt radiation, and gamma knife services, and to implement section 3702.30 of the Revised Code pertaining to freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers. Analyze reports for these specified facilities and health care providers for compliance with safety, quality-of-care, data reporting requirements, and licensure standards established in Chapters 3701-83 and 3701-84 of the Administrative Code; and

(13) Coordinate and administer processes pertaining to applications for licensure of freestanding radiation therapy centers and freestanding and mobile diagnostic imaging centers and to enforcement of the applicable licensure requirements pursuant to section 3702.30 of the Revised Code and the rules adopted under that section.

(14) Inspect, administer, and coordinate enforcement activities for the radon licensing program as required by Chapter 3723. of the Revised Code.

(B) The following minimum qualifications of the chief of the bureau of radiation protection are prescribed:

(1) A master's degree in the health physics or radiation science field, five years of progressively responsible broad-based management experience in radiological health, and a health physicist certification from the American board of health physics or board eligible as determined by the current criteria of the American board of health physics;

(2) A master's degree in a health related field and five years of progressively responsible broad-based management experience in radiological health; or

(3) A health physicist certification from the American board of health physics or board eligible as determined by application of the current criteria of the American board of health physics and six years of broad-based management experience in radiological health. A master's degree in the health physics, radiation science, or other health-related field may be substituted for one year of the required experience.

Effective: 12/22/2008
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 11/15/78, 6/12/82, 2/27/84, 9/27/90, 8/17/92, 5/4/95, 2/8/97, 3/21/99, 6/19/03

3701-2-05 Division of quality assurance.

[This rule designated an internal management rule.]

(A) The function of providing administrative direction, leadership, and coordination of the activities of the bureaus of community health care facilities and services, long term care quality, information and operational support, and regulatory compliance is prescribed for the division of quality assurance.

(B) The following functions are prescribed for the office of the chief of the division of quality assurance:

(1) Research, advise and consult with bureau staff and division chief on policy matters, licensing, certification and quality assurance and improvement processes, and various sensitive issues. Prepare responses or research reports to address specialized inquiries;

(2) Provide technical assistance to division bureaus in five year rule review mandated by section 119.032 of the Revised Code, and the drafting and interpretation of rules to be promulgated by the director or public health council for the administration of division programs;

(3) Develop, publish and periodically disseminate to providers and other parties with an interest in areas regulated by the division, information pertaining to federal and state policy procedural directives and other reference materials;

(4) Establish data collection parameters to implement requirements of section 3702.30 of the Revised Code pertaining to health care facilities, excluding freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers. Generate reports of data collected from health care facilities under Chapter 3701-83 of the Administrative Code;

(5) Provide training to staff in ODH, other state agencies, providers, and the general public on federal and state regulations, legislation, policies and procedures pertaining to persons regulated by the division;

(6) Provide administrative support to the board of examiners of nursing home administrators pursuant to section 4751.03 of the Revised Code;

(7) Provide technical and administrative support to the hearing aid dealers and fitters licensing board pursuant to section 4747.03 of the Revised Code;

(8) Administer the provisions of the safety and quality-of-care standards, pursuant to sections 3702.11 to 3702.20 of the Revised Code, and the rules adopted under those sections for health care services excluding linear accelerator, cobalt radiation and gamma knife services and obstetric and newborn care services; and

(9) Administer and enforce the certificate of need program as required by section 3702.51 to 3702.61 of the Revised Code.

(C) The following minimum qualifications of the chief of the division of quality assurance are prescribed:

(1) A master's degree in a health-related field and five years of broad-based experience in health-related management; or

(2) Other equivalent combination of education and experience.

Effective: 10/12/2009
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 7/18/81, 9/27/90, 5/20/91, 10/31/91, 8/17/92, 1/1/94, 5/4/95, 4/15/96, 7/21/97, 10/16/98, 3/21/99, 5/6/00, 6/19/00, 2/26/01, 6/16/03, 11/26/07, 5/28/09

3701-2-05.2 Bureau of diagnostic safety and personnel certification. [Rescinded].

[This rule designated an internal management rule.]

Rescinded eff 10-12-09

3701-2-05.3 Bureau of long term care quality.

(A) The following functions are prescribed for the bureau of long term care quality:

(1) Inspect nursing homes and residential care facilities for licensure compliance as required by Chapter 3721. of the Revised Code;

(2) Administer the survey process for medicare and medicaid certification under Titles XVIII and XIX of the Social Security Act 49 Stat, 620 (1935), 42 U.S.C. 301 , as amended, and the regulations, guidelines, and procedures adopted under those titles, and under Chapter 5111. of the Revised Code and the rules adopted under that chapter, for the following types of providers and suppliers:

(a) Intermediate care facilities for the mentally retarded;

(b) Nursing facilities; and

(c) Skilled nursing facilities;

(3) Develop and conduct educational programs for the staff, residents, and representatives of residents of skilled nursing facilities and nursing facilities as required by titles XVIII and XIX of the Social Security Act, 42 U.S.C. sections 1395i-3(g) and 1396r(g) , as amended. Coordinate and facilitate centers for medicare and medicaid services training for the bureau;

(4) Administer the technical assistance program pursuant to section 3721.026 of the Revised Code and the regulations adopted under that section; and

(5) Administer the state nurse aide competency evaluation program and the approval processes for nurse aide training and competency evaluation programs and the train-the-trainer programs pursuant to sections 3721.28 to 3721.35 of the Revised Code, and sections 1819 and 1919 of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981), and the regulations adopted under those sections;

(6) Analyze data and prepare reports from the minimum data set (MDS) 2.0 submitted under Titles XVIII and XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981) and federal regulations adopted pursuant to those sections;

(7) Investigate allegations of abuse or neglect or misappropriation of the property of resident of a long-term care facility or residential care facility as required by section 3721.23 of the Revised Code, and sections 1819 and 1919 of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981), and the regulations, guidelines and procedures adopted under those section; and

(8) Coordinate and administer activities pertaining to the fetal development program pursuant to section 2317.56 of the Revised Code;

(9) Coordinate and administer activities pertaining to the medicare balance billing pursuant to section 4769.01 of the Revised Code;

(10) Collect, maintain, and coordinate processing of complaints regarding medicare and medicaid healthcare providers and suppliers regulated by the division of quality assurance, as required by sections 1819 and 1919 of the Social Security Act, 42 U.S.C. 1395aa(a) , 1395 (i-3(g)(4) and 1396(g)(4), as amended (2003), and regarding homes as authorized by section 3721.031 of the Revised Code;

(11) Collect, maintain, and coordinate processing of complaints regarding health care services and health care facilities regulated under sections 3702.11 and 3702.30 of the Revised Code, respectively; and

(12) Coordinate and administer activities pertaining to "do not resuscitate" identification, orders and protocols required by section 2133.25 of the Revised Code.

(B) The following minimum qualifications of the chief of the bureau of health care standards and quality are prescribed:

(1) An undergraduate degree, a license as a registered nurse as provided by Chapter 4723. of the Revised Code, a license as a registered sanitarian as provided by Chapter 4736. of the Revised Code, a license as a dietitian as provided by Chapter 4759. of the Revised Code, or a license as a social worker as provided by Chapter 4757. of the Revised Code and three years of broad-based experience in licensure or medicaid and medicare certification; or

(2) Other equivalent combination of education and experience.

Effective: 02/03/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 7/18/81, 9/27/90, 8/4/91, 10/31/91, 1/1/94, 2/24/95, 5/4/95, 2/8/97, 7/21/97, 10/16/98, 3/21/99, 6/19/00, 6/16/03, 5/28/09, 10/12/09

3701-2-05.4 Bureau of information and operational support.

(A) The following functions are prescribed for the bureau of information and operational support:

(1) Coordinate and act as liaison with the office of management and information systems (OMIS) for computerized management information operations and web page submissions for the division of quality assurance, and coordinate technical support in the area of computer hardware, software applications, networking and data communications;

(2) Coordinate requirements of the centralized processing, storage, compilation and quality assurance data dissemination systems with the health care financing administration and software vendors;

(3) Publish annually a list of those adult family or adult group homes whose licenses have been revoked or not renewed or who have had admissions suspended as required by division (G) of section 3722.04 of the Revised Code;

(4) Respond to technical inquiries pertaining to the minimum data set (MDS),

OASIS and the health care service data collection system;

(5) Coordinate, analyze, and review budget development and monitor financial reporting and other fiscal matters involving the division of quality assurance;

(6) Coordinate and administer processes pertaining to applications for licensure and certification programs in the bureaus of long term care quality and community health facilities and services;

(7) Compile hospital data and develop the annual hospital registration and planning report, pursuant to section 3701.07 of the Revised Code, and the rules adopted under that section;

(8) Coordinate and administer processes pertaining to applications for licensure of health care facilities, excluding freestanding radiation therapy centers and freestanding and mobile diagnostic imaging centers, pursuant to section 3702.30 of the Revised Code and the rules adopted under that section;

(9) Operate the nurse aide registry required by section 3721.32 of the Revised Code and sections 1819 and 1919 of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. Section 301 , as amended;

(10) Inspect, administer, and coordinate enforcement activities of the asbestos abatement program as required by Chapter 3710. of the Revised Code; and

(11) Inspect, administer, and coordinate enforcement activities of the lead abatement program as required by Chapter 3742. of the Revised Code.

(B) The following minimum qualifications of the chief of the bureau of information and operational support are prescribed:

(1) An undergraduate degree in business administration and three years of broad-based experience in business management, fiscal management, licensure, or health care regulation; or

(2) Other equivalent combination of education and experience.

Effective: 02/03/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 3/21/1999, 10/16/98, 5/4/95, 2/24/95, 1/1/94, 6/19/00, 10/12/09

3701-2-05.7 Bureau of regulatory compliance.

[This rule designated an Internal Management Rule]

(A) The following functions are for the bureau of regulatory compliance:

(1) Administer and coordinate enforcement activities for the nursing home, residential care facility, county home, and homes for the aging programs as required by Chapter 3721. of the Revised Code, and for training and competency evaluation programs in accordance with section 3721.31 of the Revised Code;

(2) Coordinate and administer enforcement, Life Safety Code, and related activities pertaining to certification of nursing facilities and intermediate care facilities for the mentally retarded with the department of job and family services, as required by the interagency agreement with the department of job and family services executed in accordance with Section 1902 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981), and enforcement activities under Section 1919 of the "Social Security Act," as amended (2003), and the regulations, guidelines, and procedures adopted under those sections, and under Chapter 5111. of the Revised Code and the rules adopted under that chapter;

(3) Coordinate and administer enforcement, Life Safety Code, and related activities pertaining to medicare certification with the United States department of health and human services, as required by the agreement with the secretary of the United States department of health and human services under section 1864 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981), and enforcement activities under section 1819 of the "Social Security Act," as amended (1981), and the regulations, guidelines, and procedures adopted under those sections;

(4) Administer and coordinate enforcement activities for adult family and adult group homes as required by Chapter 3722. of the Revised Code;

(5) Administer and coordinate enforcement activities for community alternative homes as required by Chapter 3724. of the Revised Code;

(6) Administer and coordinate enforcement activities for the hospice care program as required by Chapter 3712. of the Revised Code;

(7) Administer and coordinate enforcement activities for the health care services standards program, excluding linear accelerator, cobalt radiation, and gamma knife services, as required by Chapter 3702. of the Revised Code;

(8) Survey, administer, and coordinate enforcement activities pertaining to clinical laboratories as required by the "Clinical Laboratories Improvement Act of 1967," 81 Stat. 536 (1967), 42 U.S.C. 263a , as amended (2003);

(9) Administer and coordinate enforcement activities for the health care facility licensure program, excluding freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers, as required by Chapter 3702. of the Revised Code; and

(10) Inspect plasmapheresis centers for certification compliance as required by Chapter 3725. of the Revised Code.

(B) The following minimum qualifications of the chief of the bureau of regulatory compliance are prescribed:

(1) An undergraduate degree, a license as a registered nurse as provided by Chapter 4723. of the Revised Code, a license as a registered sanitarian as provided by Chapter 4736. of the Revised Code, or a license as a dietitian as provided by Chapter 4759. of the Revised Code and three years of broad-based experience in long term care or certification and licensure; or

(2) Other equivalent combination of education and experience.

Effective: 05/28/2009
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 1/1/1994, 5/4/95, 2/8/98, 10/16/98, 3/21/99, 6/16/03, 11/26/07

3701-2-05.8 Bureau of community health care facilities and services.

(A) The following functions are prescribed for the bureau of community health care facilities and services:

(1) Inspect adult family and adult group homes as required by Chapter 3722. of the Revised Code;

(2) Inspect community alternative homes as required by Chapter 3724. of the Revised Code;

(3) Inspect hospice care programs as required by Chapter 3712. of the Revised Code;

(4) Examine health insuring corporations, review certificate of authority applications and requests for service area expansion, and make certifications to the superintendent of insurance under Chapter 1751. of the Revised Code;

(5) Administer the survey process for medicare and medicaid certification under Titles XVIII and XIX of the "Social Security Act," 49 Stat, 620 (1935), 42 U.S.C. 301 , as amended, and the regulations, guidelines, and procedures adopted under those titles, and under Chapter 5111. of the Revised Code and the rules adopted under that chapter, for the following types of providers and suppliers:

(a) Ambulatory surgical centers;

(b) End-stage renal disease centers;

(c) Hospitals;

(d) Comprehensive outpatient rehabilitation facilities;

(e) Home health agencies;

(f) Hospice care programs;

(g) Outpatient physical therapy or speech pathology services;

(h) Rural health clinics; and

(i) Critical access hospitals.

(6) Coordinate inspection activities for ambulatory surgical facilities, freestanding birthing centers, freestanding dialysis centers, and freestanding inpatient rehabilitation facilities, pursuant to section 3702.30 of the Revised Code, and the rules adopted under that section;

(7) Inspect, administer, and coordinate enforcement activities, for the maternity licensure program as required by Chapter 3711. of the Revised Code;

(8) Inspect and administer activities for the obstetric and newborn care services, pursuant to sections 3702.11 to 3702.20 of the Revised Code, and the rules adopted under those sections;

(9) Coordinate inspection activities for the following health care services pursuant to sections 3702.11 to 3702.20 of the Revised Code and the rules adopted under those sections:

(a) Solid organ transplantation;

(b) Bone marrow transplantation;

(c) Adult cardiac catheterization;

(d) Open-heart surgery;

(e) Pediatric intensive care services;

(f) Pediatric cardiac catheterization; and

(g) Pediatric cardiovascular surgery; and

(10) Provide training to staff in ODH, other state agencies, providers, and the general public on federal and state regulations, legislation, policies and procedures pertaining to persons regulated by the bureau. Coordinate and facilitate training for the health care financing administration for the bureau.

(B) The following minimum qualifications of the chief of the bureau of community health care facilities and services are prescribed:

(1) An undergraduate degree, a license as a registered nurse as provided by Chapter 4723. of the Revised Code, a license as a registered sanitarian as provided by Chapter 4736. of the Revised Code, a license as a dietitian as provided by Chapter 4759. of the Revised Code, or a license as a social worker as provided by Chapter 4757. of the Revised Code and three years of broad-based experience in licensure or medicaid and medicare certification; or

(2) Other equivalent combination of education and experience.

Effective: 07/15/2006
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 6/19/2000, 7/28/00

3701-2-07 [Rescinded]Bureau of health promotion and risk reduction.

Effective: 12/16/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 12/12/81, 5/10/85, 9/27/90, 5/4/95, 9/29/96, 7/21/97, 8/19/07