Chapter 3701-2 Divisions and Bureaus

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

[This rule designated an internal management rule.]

The public health council prescribes the following three divisions and nineteen 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;

(3) Bureau of community health services and systems development;

(4) Bureau of early intervention services;

(5) Bureau of nutrition services; and

(6) Bureau of oral health services.

(B) Division of prevention:

(1) Bureau of environmental health;

(2) Bureau of disease investigation and surveillance ;

(3) Bureau of infectious disease prevention and control;

(4) Bureau of laboratory;

(5) Bureau of radiation protection; and

(6) Bureau of alcohol and drug testing.

(C) Division of quality assurance:

(1) Bureau of diagnostic safety and personnel certification;

(2) Bureau of long term care quality;

(3) Bureau of information and operational support;

(4) Bureau of regulatory compliance; and

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

(D) Bureau of health promotion and risk reduction.

(E) Bureau of public health preparedness.

Effective: 02/16/2009

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, 4/15/96, 9/29/96, 7/21/97, 10/16/98, 3/21/99, 6/19/00, 2/26/01, 4/20/01, 11/7/05, 8/19/07, 12/22/08

[This rule designated an internal management rule.]

(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, community health services and systems development, early intervention services, nutrition services, and oral health services, 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: 02/16/2009

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, 5/04/95, 2/7/98, 2/6/06

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

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

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

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

Rescinded eff 2-16-09

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

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

[This rule designated an internal management rule.]

(A) The function of providing administrative direction, leadership, and coordination of the activities of the bureaus for alcohol and drug testing, environmental health, disease investigation and surveillance, infectious disease prevention and control, laboratory, and radiation protection is prescribed for the division of prevention.

(B) The following minimum qualifications of the chief of the division of prevention 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: 02/16/2009

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, 8/19/07, 12/22/08

(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

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

Rescinded eff 8-19-07

[This rule designated an internal management rule.]

(A) The following functions are prescribed for the bureau of disease investigation and surveillance:

(1) Develop, conduct, and maintain a statewide program to prevent and control 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;

(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 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) Develop, conduct, and maintain a vector-borne disease laboratory to monitor the occurrence of disease vectors and provide programs for surveillance of vector-borne diseases through laboratory testing of mosquitoes for infectious viruses, animal tissues for evidence of infection, and arthropod identification;

(5) Develop, conduct, and maintain systems for the statewide surveillance of HIV/AIDS and sexually transmitted diseases 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;

(6) Develop, conduct, and maintain systems for the statewide surveillance and incidence registry of tuberculosis 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;

(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;

(8) Develop, conduct, and maintain a population-based cancer registry, known as the Ohio cancer incidence surveillance system as required by section 3701.261 of the Revised Code and chapter 3701-4 of the Administrative Code;

(9) Advise, consult, cooperate, and assist agencies of the state and federal government, local agencies, universities, private organizations, in the understanding and use of the Ohio cancer incidence surveillance system;

(B) The following minimum qualifications of the chief of the bureau of disease investigation and surveillance 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.

Replaces: 3701-2-044

Effective: 02/16/2009

Promulgated Under: 111.15

Statutory Authority: 3701.34

Rule Amplifies: 3701.34

Prior Effective Dates: 5/4/1995, 12/22/08

[This rule designated an internal management rule.]

(A) The following functions are prescribed for the bureau of infectious disease prevention and control:

(1) Develop, conduct, stimulate, and maintain statewide community programs to prevent and control vaccine preventable diseases, sexually transmitted diseases, HIV/AIDS, and tuberculosis;

(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 sexually transmitted diseases 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 sexually transmitted diseases and the requirements of section 3701.241 of the Revised Code;

(3) Administer the state program of grants of drugs and biologicals to local health departments for the purpose of infectious disease control;

(4) Determine priority prevention target groups and appropriate disease intervention strategies to reduce to the lowest levels HIV and sexually transmitted disease 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 tuberculosis, find and screen persons who have been in contact with tuberculosis patients, and screen high-risk populations to detect persons infected with tuberculosis;

(6) 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;

(7) 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;

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

(9) Provide specialized consultation and guidance to the Ohio department of jobs and family services in the refugee health program;

(B) The following minimum qualifications of the chief of the bureau of infectious disease prevention and control 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.

Replaces: 3701-2-045

Effective: 12/22/2008

Promulgated Under: 111.15

Statutory Authority: 3701.34

Rule Amplifies: 3701.34

Prior Effective Dates: 12/31/1977, 9/20/90, 5/4/95, 2/7/98, 10/14/99

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

[This rule designated an internal management rule.]

(A) The following functions are prescribed for the bureau of public health preparedness which shall commonly be known as the office of health preparedness and report to the assistant director for administration:

(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; and

(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.

(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: 12/22/2008

Promulgated Under: 111.15

Statutory Authority: 3701.34

Rule Amplifies: 3701.34

Prior Effective Dates: 11/7/2005

[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.A. 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

[This rule designated an internal management rule.]

(A) The function of providing administrative direction, leadership, and coordination of the activities of the bureaus of diagnostic safety and personnel certification, 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) 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; and

(6) 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.

(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: 05/28/2009

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, 3/21/99, 5/6/00, 6/19/00, 2/26/01, 6/16/03, 11/26/07

[This rule designated an internal management rule.]

(A) The following functions are prescribed for the bureau of diagnostic safety and personnel certification:

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

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

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

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

(5) 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;

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

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

(8) 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. 1395 aa(a), 1395i-3(g)(4) and 1396(g)(4), as amended (2003), and regarding homes as authorized by section 3721.031 of the Revised Code;

(9) 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;

(10) 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 sections;

(11) Administer and enforce the certificate of need program as required by section 3702.51 to 3702.68 of the Revised Code;

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

(13) 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.

(B) The following minimum qualifications of the chief of the bureau of diagnostic safety and personnel certification are prescribed:

(1) A master’s degree in a health-related area and three years of progressively responsible administrative or management experience in a health care regulatory environment; 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: 5/4/1995, 2/8/97, 7/21/97, 10/16/98, 3/21/99, 6/19/00, 6/16/03, 11/25/07, 12/22/08

[This rule designated an internal management rule.]

(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 health care financing administration 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.

(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: 05/28/2009

Promulgated Under: 111.15

Statutory Authority: 3701.34

Rule Amplifies: 3701.32

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

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

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

[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

[This rule designated an Internal Management Rule]

(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

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

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

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

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

(A) The following functions are prescribed for the bureau of health promotion and risk reduction as part of the office of healthy Ohio:

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

(2) Planning, organization, execution, and evaluation of programs designed to control chronic diseases and to reduce health risks in Ohio;

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

(4) Development and promotion of violence and injury prevention, nutrition and physical activity and tobacco risk reduction programs;

(5) Prevention and control of occupational diseases;

(6) Promotion of the 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;

(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; and

(B) The following minimum qualifications of the chief of the bureau of health promotion and risk reduction 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: 3701-2-04.3

Effective: 08/19/2007

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, 7/21/1997