Chapter 4761:1-9 Standards

4761:1-9-01 Standards of practice for license holders.

(A) This rule sets forth the minimum acceptable standards for persons licensed under Chapter 4752. of the Revised Code and provides criteria for the board to evaluate a licensee's compliance with acceptable and prevailing standards of safe and effective HME services.

(B) The board may determine compliance to acceptable and prevailing standards of care for HME service providers by using any of the following methods:

(1) Board member expertise;

(2) An expert witness;

(3) Current literature on HME services, which emanates from a recognized body of knowledge;

(4) Position statements from the board;

(5) Medicare or medicaid laws and rules; or

(6) Other recognized sources, which may provide the appropriate expertise or information.

(C) The board may consider mitigating or aggravating circumstances when making a decision regarding charges, disciplinary action, or referral to a non-disciplinary program. Mitigating or aggravating circumstances the board may consider include, but are not limited to:

(1) Whether the act is willful, intentional, irresponsible, or unintentional;

(2) The frequency of the occurrence of the act at issue;

(3) Whether the act represents a pattern of commissions or omissions;

(4) The outcome of the licensee or certificate of registration holder's actions; or

(5) The level of harm or potential harm to a patient or client.

(D) The licensee shall maintain knowledge of the duties, responsibilities, and accountabilities of an HME provider and shall practice in accordance with the following:

(1) The laws regulating the provision of HME providers as outlined in Chapter 4752. of the Revised Code;

(2) The rules of the board;

(3) Any other applicable federal and state laws and rules; or

(4) Position statements, standards of care or guidelines for providing HME services from nationally recognized bodies such as CMS medicare DMEPOS supplier standards, JCAHO, or other accrediting organizations recognized by the board pursuant to rule 4761:1-4-01 of the Administrative Code.

(E) A licensee and their staff shall demonstrate competence and accountability in all areas of HME services in which they are engaged , including, but not limited to, the following:

(1) HME storage, leasing, sales, delivery, billing service, maintenance, cleaning, infection control and/or repair;

(2) Appropriate recognition, referral, or consultation and intervention when a complication arises in conjunction with the function of HME or when a change in patient or client compliance occurs;

(3) Referral to another HME service provider if the client's needs are beyond the scope of the licensee.

Effective: 01/13/2014
R.C. 119.032 review dates: 10/28/2013 and 01/13/2019
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.07(G) , 4752.09(A)(1)
Prior Effective Dates: 05/23/2005, 08/15/2008

4761:1-9-02 Standard for maintaining a facility.

A licensee is responsible for maintaining a facility that meets the following requirements:

(A) The facility must have appropriate physical space to safely store, maintain and service on site equipment;

(B) The facility must have separation of business office, patient records, equipment cleaning, maintenance and storage functions, as applicable;

(C) The facility must be able to demonstrate appropriate equipment flows through various stages to ensure that the equipment is properly disinfected, repaired, stored and/or maintained;

(D) The facility must maintain inventory on site or by arrangement with a supplier to meet the needs of their current client base; and

(E) The facility must meet all federal, state and local laws and rules , including all federal, state and local laws and rules regarding the storage, maintenance, and sale of upholstery or bedding, if applicable.

Effective: 11/05/2013
R.C. 119.032 review dates: 07/12/2013 and 03/31/2018
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(5) , 4752.17(A)(11)
Rule Amplifies: 4752.07(A) , 4752.17(A)(5)
Prior Effective Dates: 05/23/2005, 03/31/2008

4761:1-9-03 Standard for maintaining equipment.

In maintaining equipment, licensees must:

(A) Maintain and document equipment in accordance with manufacturers guidelines;

(B) Clean, repair, store, segregate and identify all equipment in a manner that insures the equipment is safe for use by the public;

(C) Insure that all equipment is used within the manufacturers recommended guidelines and expirations dates, if applicable.

R.C. 119.032 review dates: 07/12/2013 and 03/31/2018
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(5)
Rule Amplifies: 4752.07(B) , 4752.17(A)(5)
Prior Effective Dates: 05/23/2005, 03/31/2008

4761:1-9-04 Client records.

Licensees must maintain:

(A) Records for each client that has been sold or rented equipment;

(B) Client records must contain a physician order, if required, documentation of settings and other data relevant to the equipment that has been sold or leased to them and/or other documentation regarding service checks to the equipment sold or rented to the client;

(C) Client records must be maintained for seven years from the date of sale or in the case of a minor client, the record must be maintained for seven years after the client turns the age of majority (eighteen years of age).

R.C. 119.032 review dates: 07/12/2013 and 03/31/2018
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(5) , 4752.07(E)
Rule Amplifies: 4752.07(E)
Prior Effective Dates: 05/23/2005, 03/31/2008

4761:1-9-05 Personnel.

The license holder shall:

(A) Employ appropriate staffing to handle the scope of equipment sold, rented and maintained and to appropriately meet the demands of the business;

(B) Ensuring that all staff members are trained and supervised by qualified persons;

(C) Maintain personnel records for each employee, which shall include:

(1) Job description for the position held by the employee;

(2) Application qualifications;

(3) Criminal background checks by the Ohio bureau of criminal investigations for any employee working within the state of Ohio;

(4) Orientation and training records;

(5) Verification of competence;

(6) Performance plan to be completed annually by employer;

(7) Copy of any of the following:

(a) A birth certificate;

(b) Driver's license;

(c) Social security card; or

(d) Passport or green card of licensee and each staff member.

(8) Copy of DOT evaluation, if applicable.

R.C. 119.032 review dates: 10/28/2013 and 08/15/2018
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(5) , 4752.17(A)(11)
Rule Amplifies: 4752.17(A)(5) , 4752.07(B)
Prior Effective Dates: 05/23/2005, 08/15/2008