Current through all regulations passed and filed through September 16, 2024
(A)
Upon licensure or temporary licensure as a hospital by
the director of health or September 30, 2024, whichever is sooner, no person
and no political subdivision, agency, or instrumentality of this state may
operate a hospital without holding a license or a temporary license issued by
the director of health under section
3722.03 of the Revised
Code.
(B)
If the director of health determines that a hospital is
operating without a license or temporary license in violation of Chapter 3722.
of the Revised Code or this chapter, the director may do any of the
following:
(1)
Notify the hospital that it is operating without a license
or a temporary license and provide it with an opportunity to apply for
licensure, but only within the thirty- day period beginning on the date the
hospital received the director's notice;
(2)
Direct the
hospital to cease operations;
(3)
Impose a civil
penalty of not more than two hundred fifty thousand dollars;
(4)
In addition to
the imposition of a civil money penalty, impose a penalty of not less than one
thousand dollars and not more than ten thousand dollars for each day the
hospital operates without a license or temporary license.
(C)
If the
hospital described in paragraph (B) of this rule continues to operate without a
license or a temporary license, the director may petition the court of common
pleas of the county in which the hospital is located for an order enjoining the
hospital from operating.
(D)
No person and no political subdivision, agency, or
instrumentality of this state may:
(1)
Interfere with an inspection or investigation of a
hospital, maternity unit, or health care service. As used in this paragraph,
"interfere" means to obstruct directly or indirectly any individual conducting
an authorized inspection or investigation from carrying out his or her duties,
including:
(a)
Harassment;
(b)
Intimidation;
(c)
Refusal to permit
the director upon presentation of official department identification, to
inspect or investigate the operation of a hospital, maternity unit, or health
care service; or
(d)
Refusal to permit the director upon presentation of
official department identification to enter and inspect records that are kept
concerning the operations of the hospital, maternity unit, or health care
service, for information necessary to determine compliance with the applicable
rules of this chapter.
(2)
Materially
misrepresent any information provided to the director pursuant to Chapter 3722.
of the Revised Code and this chapter.
(E)
Nothing in this
chapter is to be construed as authorizing individuals to provide services
outside their licensed scope of practice.
