(A) No physician or podiatric physician shall perform procedures or surgery using moderate sedation/analgesia or anesthesia services in an office setting unless that office setting is accredited by an accrediting agency approved by the board, except that physicians and podiatric physicians who are performing such procedures or surgeries in office settings that are not accredited on the effective date of this rule shall apply for accreditation within eighteen months of the effective date of this rule and shall receive accreditation within three years of the effective date of this rule.
(B) Accrediting agencies approved by the board include the following:
(1) The joint commission on accreditation of healthcare organizations;
(2) The accreditation association for ambulatory health care, inc.;
(3) The American association for accreditation of ambulatory surgery facilities, inc.;
(4) The healthcare facilities accreditation program of the American osteopathic association; or,
(5) Any other accrediting agency that demonstrates to the satisfaction of the board that it has:
(a) Standards pertaining to patient care, record keeping, equipment, personnel, facilities and other related matters that are in accordance with acceptable and prevailing standards of care as determined by the board;
(b) Processes that assure a fair and timely review and decision on any applications for accreditation or renewals thereof;
(c) Processes that assure a fair and timely review and resolution of any complaints received concerning accredited facilities; and
(d) Resources sufficient to allow the accrediting agency to fulfill its duties in a timely manner.
(C) A violation of paragraph (A) of this rule, as determined by the board, shall constitute "a departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established," as that clause is used in division (B)(6) of section 4731.22 of the Revised Code