Ohio Revised Code Search
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Section 3702.309 | Suspension of ambulatory surgical license.
...(A) If a variance application is denied under section 3702.304 of the Revised Code, the license of such an ambulatory surgical facility is automatically suspended. The director of health shall reinstate the license if one of the following occurs: (1) The facility files with the director a copy of a written transfer agreement that meets the requirements of section 3702.303 of the Revised Code. (2) The director grant... |
Section 3702.3010 | Maximum distance of local hospital from ambulatory surgical facility.
...A local hospital shall not be further than thirty miles from an ambulatory surgical facility with which the local hospital has a written transfer agreement under section 3702.303 of the Revised Code. |
Section 3702.3011 | [Former R.C. 3702.305, renumbered by S.B. 157 of the 134th General Assembly, effective 3/23/2022] Conditions on variance.
...r adequately protects public health and safety. The director's decision to rescind a variance is final. |
Section 3702.3012 | Surgical smoke evacuation policy.
...(A) As used in this section, "surgical smoke" and "surgical smoke evacuation system" have the same meanings as in section 3727.25 of the Revised Code. (B) Not later than one year after the effective date of this section, each ambulatory surgical facility shall adopt and implement a policy designed to prevent human exposure to surgical smoke during any planned surgical procedure that is likely to generate surgical ... |
Section 3702.31 | Quality monitoring and inspection fund.
... shall use the fund to administer and enforce this section and sections 3702.30, 3702.301, 3702.32, and 3702.33 of the Revised Code and rules adopted pursuant to those sections. The director shall deposit in the fund any moneys collected pursuant to this section or section 3702.32 of the Revised Code. All investment earnings of the fund shall be credited to the fund. (B) The director of health shall adopt rules pu... |
Section 3702.32 | Violations.
...(A) If the director of health determines that a health care facility is operating without a license in violation of division (E)(1) of section 3702.30 of the Revised Code, the director shall do one or more of the following: (1) Provide an opportunity for the health care facility to apply for a license within a specified time, not exceeding thirty days after the date of the facility's receipt of the order; (2) Issue... |
Section 3702.33 | Petition to enjoin unlicensed health care facility.
...Any person who believes a health care facility is operating without a license in violation of division (E) of section 3702.30 of the Revised Code may petition the court of common pleas of the county in which the facility is located for an order enjoining the facility from continuing to operate without a license. The court shall grant the order on a showing that the facility named in the petition is violating division... |
Section 3702.34 | Option of having a long-acting reversible contraceptive placed after delivery; exception.
...(A) Except as provided in division (B) of this section, a freestanding birthing center shall modify operational processes to ensure that a woman giving birth in the freestanding birthing center has the option of having a long- acting reversible contraceptive placed after delivery and before the woman is discharged. (B) A freestanding birthing center is exempt from the requirement in division (A) of this section if ... |
Section 3702.40 | Mammogram report; dense breast tissue advisory.
...(A) As used in this section, "mammogram" and "facility" have the same meanings as in section 263b(a) of the "Mammography Quality Standards Act of 1992," 106 Stat. 3547 (1992), 42 U.S.C. 263b(a), as amended. (B) As required by 21 C.F.R. 900.12(c)(2), a facility shall send to each patient who has a mammogram at the facility a summary of the written report containing the results of the patient's mammogram. If, based o... |
Section 3702.51 | Certificate of need definitions.
...mmediate jeopardy to resident health or safety or represents widespread deficiencies resulting in immediate jeopardy to resident health or safety. (U) "Existing bed" or "existing long-term care bed" means a bed from an existing long-term care facility, a bed described in division (O)(5) of this section, or a bed correctly reported as a long-term care bed pursuant to section 5155.38 of the Revised Code. |
Section 3702.511 | Reviewable activities relating to long-term care facilities.
... an imminent threat to public health or safety and are in violation of federal, state, or local fire, building, or safety statutes, ordinances, rules, or regulations; (5) Acquisition of an existing long-term care facility that does not involve a change in the number of the beds; (6) Mergers, consolidations, or other corporate reorganizations of long-term care facilities that do not involve a change in the numbe... |
Section 3702.512 | Addition of twenty or fewer long-term care beds not reviewable.
...(A) Except as provided in division (B) of this section, the addition of twenty or fewer long-term care beds to a nursing home is not a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code, and therefore does not require a certificate of need, if all of the following apply: (1) The nursing home is licensed under section 3721.02 of the Revised Code or by a political subdivision certified under se... |
Section 3702.52 | Administering certificate of need program.
...s of need, the director may issue and enforce, in the manner provided in section 119.09 of the Revised Code, subpoenas and subpoenas duces tecum to compel a person to testify and produce documents relevant to review of the application, consideration of the appeal, or monitoring of the activities. In addition, the director or the director's designee may visit the sites where the activities are or will be conducted. ... |
Section 3702.521 | Recategorize hospital beds to skilled nursing beds - placement in nursing home.
...(A) Reviews of applications for certificates of need to recategorize hospital beds to skilled nursing beds shall be conducted in accordance with this division and rules adopted by the director of health. (1) No hospital recategorizing beds shall apply for a certificate of need for more than twenty skilled nursing beds. (2) No beds for which a certificate of need is requested under this division shall be reviewed ... |
Section 3702.522 | Revision of application for certificate of need.
...A person who has an application for a certificate of need pending with the director of health may revise the application to change the site of the proposed project unless either of the following applies: (A) The director, under section 3702.52 of the Revised Code, has mailed the applicant a written notice that the application is complete. (B) The application is subject to a comparative review under section 3... |
Section 3702.523 | Certificates not transferable prior to completion of review.
...(A) Except as provided in division (B) of this section, a certificate of need is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the comp... |
Section 3702.524 | Duties of certificate holder within 24 months of grant.
...(A) Not later than twenty-four months after the date the director of health mails the notice that the certificate of need has been granted or, if the grant or denial of the certificate of need is appealed under section 3702.60 of the Revised Code, not later than twenty-four months after issuance of an order granting the certificate that is not subject to further appeal, each person holding a certificate of need... |
Section 3702.525 | Reasonable progress required.
...Every six months after complying with section 3702.524 of the Revised Code, the holder of the certificate of need shall demonstrate to the director of health, in the form and manner required by rules adopted under section 3702.57 of the Revised Code, that reasonable progress is being made toward the completion of the reviewable activity. If the director determines, in accordance with standards specified in the ... |
Section 3702.526 | Acceptance of application for replacement certificate of need.
...(A) Except as provided in division (B) of this section, the director of health shall accept an application for a replacement certificate of need for an activity described in division (A) of section 3702.511 of the Revised Code to replace an approved certificate of need if all of the following conditions are met: (1) The applicant requests the replacement certificate of need so that the reviewable activity for... |
Section 3702.527 | Conversion of bed category.
...A bed described in division (O)(5) of section 3702.51 of the Revised Code may be converted to a bed described in division (O)(1), (2), (3), or (4) of that section only as provided in the certificate of need under which the beds were approved or its replacement certificate of need. |
Section 3702.53 | Prohibited acts.
...(A) No person shall carry out any reviewable activity unless a certificate of need for such activity has been granted under sections 3702.51 to 3702.62 of the Revised Code or the person is exempted by division (B) of section 3702.511 or section 3702.512 or 3702.62 of the Revised Code from the requirement that a certificate of need be obtained. No person shall carry out any reviewable activity if a certificate of need... |
Section 3702.531 | Investigations.
...uest. The director also may issue and enforce, in the manner provided in Chapter 119. of the Revised Code, subpoenas duces tecum to compel the production of documents relevant to the alleged violation. The subpoenas may be served in any manner authorized by the rules of civil procedure. The director or the director's designee may conduct a site visit to investigate an alleged violation of section 3702.53 of th... |
Section 3702.532 | Notice of violation.
...When the director of health determines that a person has violated section 3702.53 of the Revised Code, the director shall send a notice to the person by certified mail, return receipt requested, specifying the activity constituting the violation and the penalties imposed under section 3702.54 of the Revised Code. |
Section 3702.54 | Civil penalty.
...Divisions (A) and (B) of this section apply when the director of health determines that a person has violated section 3702.53 of the Revised Code. (A) The director shall impose a civil penalty on the person in an amount equal to the greatest of the following: (1) Three thousand dollars; (2) Five per cent of the operating cost of the activity that constitutes the violation during the period of time it was con... |
Section 3702.544 | Penalties paid to director.
...Each person required by section 3702.54 of the Revised Code to pay a civil penalty shall do so not later than sixty days after receiving the notice mailed under section 3702.532 of the Revised Code or, if the person appeals under section 3702.60 of the Revised Code the director of health's determination that a violation has occurred, not later than sixty days after the issuance of an order upholding the director's de... |