Chapter 4761:1-3 Definitions

4761:1-3-01 Definition of terms.

(A) "24/7 coverage" means that facilities that provide HME services must have a telephone number that is operational twenty four hours a day, seven days a week that clients can call to seek assistance. The telephone line may be an answering service that is monitored on a regular basis by the HME provider and should also alert clients to contact 911 in an emergency.

(B) "Accrediting body" means an organization recognized by the board under rule 4761:1-4-01 of the Administrative Code.

(C) "Approved professional peer review organization" as the term is used in rule 4761:1-13-01 of the Administrative Code means any professional organization that grants continuing education credit based upon objective criteria as a tax exempt professional association.

(D) "The board" is the Ohio respiratory care board.

(E) "CMS" means the centers for medicare and medicaid services.

(F) "Contact hour" means a period of sixty minutes with a minimum of fifty minutes of instruction. For credit hours earned on an academic quarter system, one credit hour is equivalent to ten contact hours. For credit hours earned on an academic trimester system, one credit hour is equivalent to twelve contact hours. For credit hours earned on an academic semester system, one credit hour is equivalent to fifteen contact hours.

(G) "HME" stands for home medical equipment.

(H) "HME services provider" is the licensed or registered facility that provides home medical equipment services.

(I) "Holder of a certificate of registration" means any person holding or practicing pursuant to a certificate of registration issued by the board under Chapter 4752. of the Revised Code.

(J) "Inactive status" means the status of a license or certificate of registration of a facility that has made a request in writing that the board place the license or registration on inactive status and who has returned their license or certificate of registration to the board. A facility with an inactive license does not hold a current, valid license or certificate of registration.

(K) "Facility based" means that the continuing education program is offered by the HME service provider organization and not an approved peer review organization.

(L) "The joint commission on accreditation of healthcare organizations," as used under paragraph (A) of section 4752.12 of the Revised Code, means "the joint commission" or its predecessor organization.

(M) "Lapsed certificate of registration" mean the status of the certificate of a holder of a certificate of registration who has failed to fulfill all requirements of certificate renewal, and who has failed to request that the board place the certificate on inactive status.

(N) "Lapsed license" mean the status of the certificate of a licensee who has failed to fulfill all requirements of certificate renewal, and who has failed to request that the board place the certificate on inactive status.

(O) "License" means a license, permit, card or other authority issued or conferred by a licensing agency by the authority of which the licensee has or claims the privilege to engage in the profession, occupation, or occupational activity, or to have control of and operate specific equipment, machinery, or premises, over which the licensing agency has jurisdiction.

(P) "Licensee" means either the person, partnership or corporation to whom the license is issued or renewed by a licensing agency, or the person, partnership, or corporation at whose request the license is issued or renewed.

(Q) "Life-sustaining equipment" means equipment prescribed by an authorized health care professional that mechanically sustains, restores, or supplants a vital bodily function, such as breathing.

(R) "Permanent revoked" means that the license or certificate of registration originally held by a licensee or certificate holder has been permanently declared null and void by disciplinary action taken by the board in accordance with Chapters 4752. and 119. of the Revised Code.

(S) "Provisional license" means a license that is issued to a licensee who was engaged for at least twelve months prior to September 16, 2004, in the business of providing home medical equipment services. The provisional license expires one year following the date of issue and may not be renewed.

(T) "Renewal" and "renewed" as used in the chapter includes the continuing licensing procedure. The date of expiration of a license or certificate of registration shall be construed to mean the due date of the annual or other fee for the continuing license.

(U) "Revoked" means that a license or certificate of registration has been declared null and void by disciplinary action taken by the board in accordance with Chapters 4752. and 119. of the Revised Code. Persons whose license has been revoked may apply for a new license or certificate of registration after more than one year after their initial license or certificate of registration was declared null and void by the board.

(V) "Site visit" means an announced or unannounced visit to a HME facility by a board representative to determine whether the program meets or maintains the minimum standards required by the board.

(W) "Staff" means employees or their representatives of the licensee or certificate of registration holder.

(X) "Suspension" means a loss of a license or certificate of registration for a specific period of time (definite suspension) or until specific conditions are met (indefinite suspension). In the case of an indefinite suspension, the board may specify a minimum period of time during which the licensee may not practice, in addition to other conditions for reinstatement of a license.

(Y) "Technologically sophisticated" means medical equipment prescribed by an authorized health care professional that required individualized adjustment or regular maintenance by an HME services provider to maintain a patient's health care condition or the effectiveness of the equipment.

Effective: 08/09/2010
R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.17(A)(11)
Prior Effective Dates: 05/23/2005

4761:1-3-02 Home medical equipment defined.

(A) "Life-sustaining equipment" means equipment prescribed by an authorized health care professional that mechanically sustains, restores, or supplants a vital bodily function, such as breathing, including but not limited to:

(1) Ventilators;

(2) Oxygen concentrators;

(3) Oxygen liquid systems;

(4) Oxygen compressed gas systems;

(5) Non invasive ventilator system (i.e. bi-level, iron lungs, rocking beds, diaphragmatic pacers, etc.);

(B) "Technologically-sophisticated" means medical equipment prescribed by an authorized health care professional that requires individualized adjustment or regular maintenance by an HME service provider to maintain a patient's health care condition or the effectiveness of the equipment, including but not limited to:

(1) Oxygen conservation devices;

(2) CPAP (continuous positive airway pressure) devices;

(3) Bi-level airway pressure (BiPAP) devices;

(4) Intrapulmonary percussive ventilation (IPV) devices;

(5) Intermittent positive pressure breathing (IPPB) devices;

(6) Cough-assist mechanical in-exsuffaltor;

(7) Apnea monitors;

(8) Percussors for chest physiotherapy;

(9) Suction machines;

(10) Feeding pumps;

(11) Infusion pumps;

(12) Continuous passive motion (CPM) devices;

(13) Custom seating or positioning systems;

(14) Custom rehab equipment (i.e. standers & gait trainers);

(15) Vacuum assisted wound closure devices;

(16) Drop foot stimulators;

(17) Bone growth stimulators;

(18) Vision restoration therapy devices;

(19) Electric wheelchairs and custom scooters;

(20) Auto-titrating airway devices; and

(21) In-home patient lifts.

(C) "Other items" means equipment specified by the board under division (B) (3) of section 4752.01 of the Revised Code and division (B) of section 4752.17 of the Revised Code. Other items include, but are not limited to:

(1) Pulse oximeters;

(2) Home photo therapy (Bili lights or blankets);

(3) Individually sized or customized accessories that are an integral part of equipment defined in paragraphs (A), (B), and (C) of this rule; and

(4) Transcutaneous electronic nerve stimulators (TENS), excluding devices labeled by the federal food and drug administration for over-the-counter use and are identified with the federal food and drug administration product code "NUH.OTC TENS".

Effective: 06/04/2014
R.C. 119.032 review dates: 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(1) , 4752.17(B)
Rule Amplifies: 4752.17(a)(1) , 4752.17(b)
Prior Effective Dates: 05/24/2006, 10/26/2009