4734-9-01 Fine schedules.

The board shall consider the factors in rule 4734-8-06 of the Administrative Code when imposing a civil fine in accordance with the following schedule of fines:

(A) Patient safety offenses: For a violation of Chapter 4734. of the Revised Code or of any board rule involving conduct which directly threatens the health, welfare or safety of a patient, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of $ 250.00 and a maximum fine of $5, 000.00 :

(2) For a second offense, a minimum fine of $1, 000.00 and a maximum fine of $5, 000.00.

(3) For a third or subsequent offense, a minimum fine of $2, 000.00 and maximum fine of $5, 000.00.

(B) Financial misconduct offenses: For a violation of Chapter 4734. of the Revised Code or of any board rule which involves fraud, false statements, improper billing, or other financial misconduct, the board may impose a fine as follows:

(1) For a first offense, a minimum fine of double the amount of the money involved or $ 500.00, whichever amount is lesser, to a maximum of $5, 000.00 ;

(2) For a second offense, a minimum fine of triple the amount of the money involved or $1, 000.00, whichever amount is lesser, to a maximum of $5, 000.00.

(3) For a third or subsequent offense, a minimum fine of $2, 000.00 and maximum fine of $5, 000.00.

(C) Advertising / soliciting offenses: For a violation of Chapter 4734. of the Revised Code or of any board rule which involves advertising or soliciting for patients, the board may impose a fine as follows:

(1) For a first offense a maximum fine of $2, 000.00 ;

(2) For a second offense, a minimum fine of $ 500.00 to a maximum of $5, 000.00 ;

(3) For a third or subsequent offense, a minimum fine of $ 1000.00 to a maximum of $5, 000.00.

(D) Other offenses: For a violation of Chapter 4734. of the Revised Code or of any board rule not otherwise specified above, the board may impose a fine as follows:

(1) For a first offense a maximum of $2, 500.00 ;

(2) For a second offense, a minimum fine of $ 500.00 to a maximum fine of $5, 000.00.

(3) For a third or subsequent offense, a minimum fine of $1, 000.00 to a maximum fine of $5, 000.00.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10 , 4734.31(B)(4)
Rule Amplifies: 4734.31
Prior Effective Dates: 5/2/03