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

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

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

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

(6) 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;

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

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

(9) 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;

(10) 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;

(11) 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;

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

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

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

(15) 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: 11/25/2007

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