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Title 37 | Health-Safety-Morals
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Section 3740.01 | Definitions.

... As used in this chapter: (A) "Community-based long-term care provider" means a provider, as defined in section 173.39 of the Revised Code. (B) "Community-based long-term care subcontractor" means a subcontractor, as defined in section 173.38 of the Revised Code. (C) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code. (D) "Direct care" means any of the following: (1...

Section 3740.02 | License requirements.

... Beginning one year after the effective date of this section : (A)(1) No home health agency shall do either of the following unless the agency holds a current, valid license to provide skilled home health services issued under this chapter: (a) Provide skilled home health services through one or more employees; (b) Hold the agency, or any employee of the agency, out as a provider of skilled home health servi...

Section 3740.03 | Applications for licensure.

... (A)(1) A home health agency or nonagency provider seeking to provide skilled home health services shall apply to the department of health for a skilled home health services license. The application shall include all of the following: (a) Evidence that the agency or provider meets one of the following: (i) Is certified for participation in the medicare program; (ii) Is accredited by the accreditation commiss...

Section 3740.04 | Issuance of licenses.

...The department of health shall review each license application received under section 3740.03 of the Revised Code. The department's review of the application shall include a site visit for each applicant seeking a license on the basis of division (A)(1)(a)(i) of section 3740.03 of the Revised Code to verify that medicare conditions of participation are met, unless the applicant has already had such a site visit withi...

Section 3740.05 | Validity, renewal of licenses.

...(A) Except as provided in section 3740.07 of the Revised Code and in division (B) of this section, a license issued under section 3740.04 of the Revised Code is valid for three years. A person seeking to renew the license shall apply to the department of health using a license renewal form prescribed by rules adopted under section 3740.10 of the Revised Code and comply with any renewal application procedures establis...

Section 3740.07 | Enforcement.

...(A) For any of the reasons established in rules adopted under section 3740.10 of the Revised Code, the department of health may take one or more of the following actions, as applicable, with respect to an applicant for or the holder of a license under this chapter: (1) Refuse to issue a license; (2) Refuse to renew or reinstate the holder's license; (3) Impose limitations on the holder's license; (4) Revoke o...

Section 3740.10 | Rules.

...(A) The director of health shall adopt rules as the director considers necessary to implement this chapter, including rules that do all of the following: (1) Prescribe license application forms and procedures; (2) Specify the documentation that must be provided and conditions that must be met by an applicant seeking a license on the basis of division (A)(1)(a)(iv) of section 3740.03 of the Revised Code; (3) Pre...

Section 3740.11 | [Former R.C. 3701.881, amended and renumbered by H.B. 110, 134th General Assembly, effective 9/30/2021] Criminal records check.

...(A) As used in this section, "applicant" means a person who is under final consideration for employment with a home health agency in a full-time, part-time, or temporary position that involves providing direct care to an individual or is referred to a home health agency by an employment service for such a position. (B) No home health agency shall employ an applicant or continue to employ an employee in a position t...

Section 3740.99 | Penalty.

...Whoever violates section 3740.02 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense; for each subsequent offense, the person is guilty of a misdemeanor of the first degree.

Section 3741.01 | Oil and paint definitions.

...As used in sections 3741.01 to 3741.07, inclusive, of the Revised Code: (A) "Naval stores" means spirits of turpentine and rosin. (B) "Spirits of turpentine" includes gum spirits of turpentine and wood turpentine. (C) "Gum spirits of turpentine" means spirits of turpentine made from oleoresin gum from a living tree. (D) "Wood turpentine" includes steam distilled wood turpentine and destructively distilled wood tu...

Section 3741.02 | Labels.

...No person, firm, or corporation shall expose for sale, offer for sale, or sell paint, naval stores, or linseed oil which is labeled or marked so as to tend to deceive the purchaser thereof as to its nature or composition, or which is not labeled as required by this section. The label, required by sections 3741.01 to 3741.07, inclusive, of the Revised Code, shall clearly state the name and residence of the manufactur...

Section 3741.03 | Standards shall be official.

...For the purposes of sections 3741.01 to 3741.07, inclusive, of the Revised Code, the standards of quality and purity of gum spirits of turpentine, steam distilled wood turpentine, destructively distilled wood turpentine, gum rosin, and wood rosin shall be those of the official naval stores standards of the United States, as set forth in the Naval Stores Act or amendments thereto.

Section 3741.04 | Prohibited acts.

...The following acts are prohibited: (A) The sale in this state, of any naval stores or of anything offered for sale as such, except under or by reference to the official naval stores standards of the United States; (B) The sale of any naval stores in this state under or by reference to the official naval stores standards of the United States, which is other than what it is represented to be; (C) The use in this sta...

Section 3741.05 | Possession prima-facie evidence.

...The possession of an article or substance improperly marked or inaccurately labeled by a person, firm, or corporation dealing therein, shall be prima-facie evidence that it is being kept in violation of sections 3741.01 to 3741.07, inclusive, of the Revised Code.

Section 3741.06 | Enforcement.

...The director of agriculture shall enforce sections 3741.01 to 3741.07, inclusive, of the Revised Code, and the director, his assistant and employees, shall have access to the places of business, stores, buildings, and yards used for the sale of paint, naval stores, or linseed oil, and may open any package, tank car, tank, drum, barrel, can, jar, tub, or other receptacle containing any article that may be sold, offere...

Section 3741.07 | Prohibition.

...No person shall violate sections 3741.01 to 3741.06, inclusive, of the Revised Code, relating to the labeling, marketing, stenciling, selling, offering or exposing for sale, or advertising of paints, mixed paints and similar compounds, naval stores, linseed oil, or white lead by manufacturers or distributors thereof.

Section 3741.08 | Manufacture and sale of raw flaxseed or linseed oil.

...No person shall manufacture, offer, or expose for sale raw flaxseed or linseed oil unless it is wholly obtained from the seeds of the flax plant and fulfills all the requirements recognized by the eighth decennial revision of the United States pharmacopoeia.

Section 3741.09 | Manufacture and sale of boiled linseed oil.

...No person shall manufacture, offer, or expose for sale, boiled linseed oil unless it has been prepared by heating pure raw linseed oil to a temperature of two hundred twenty-five degrees Fahrenheit and incorporating not to exceed four per cent by weight of drier. Such boiled linseed oil must also conform to the following requirements: (A) Its specific gravity at sixty degrees Fahrenheit must be not less than nine hu...

Section 3741.10 | Selling boiled oil under false name or without proper branding.

...No person shall sell, expose, or offer for sale, flaxseed or linseed oil except under its true name, and unless each tank car, tank, barrel, keg, or other vessel containing such oil has distinctly and durably painted, stamped, stenciled, or marked thereon in ordinary bold-faced capital letters not less than five lines pica in size, the words "pure linseed oil--raw" or "pure linseed oil--boiled" and the name and addre...

Section 3741.11 | Falsification.

...A person who knowingly makes a false statement on a stamp or label on a tank car, barrel, keg, can, or other vessel containing flaxseed or linseed oil is guilty of falsification under section 2921.13 of the Revised Code.

Section 3741.12 | Enforcement.

...The director of agriculture shall enforce sections 3741.08 to 3741.10 of the Revised Code.

Section 3741.13 | Designating successor-in-interest to franchisee.

...(A) No franchise, as defined in the "Petroleum Marketing Practices Act," 92 Stat. 322 (1978), 15 U.S.C.A. 2801, as amended, entered into or renewed on or after January 1, 1985, shall prohibit the franchised dealer or retailer of motor fuel from designating his spouse or adult child as successor-in-interest to the franchise in the event of his death or retirement. At the time a franchise agreement is entered into or r...

Section 3741.14 | Rules governing the equipment, operation, and maintenance of self-service filling stations.

...(A) Each filling station offering self-service shall be operated in accordance with the most recent version of the national fire protection association standard number 30A, as that standard is incorporated into the fire code adopted by the state fire marshal in accordance with section 3737.82 of the Revised Code, and the provisions of the "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 5 U.S.C.A. 5108, a...

Section 3741.141 | Option of conducting business.

...Franchised dealers shall be allowed the option as to whether they wish to offer full-service, self-service on one island, or complete self-service in the conduct of their business.

Section 3741.99 | Penalty.

...(A) Whoever violates section 3741.07 of the Revised Code shall be fined not more than fifty dollars for a first offense and shall be fined not less than fifty nor more than one hundred dollars, imprisoned not less than thirty nor more than one hundred days, or both, for each subsequent offense. (B) Whoever violates section 3741.08, 3741.09, or 3741.10 of the Revised Code shall be fined not less than fifty nor more t...