Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-83 - Licensing Provisions for Health Care Facilities
Section 3701-83-03 - General provisions and prohibitions
Current through all regulations passed and filed through September 16, 2024
(A) Except as provided in section 3702.301 of the Revised Code and paragraph (B) of this rule, no person or agency of state or local government shall operate an HCF without a current valid license issued by the director under section 3702.30 of the Revised Code or operate an HCF when the license has been suspended or revoked.
(B) Except as provided in division (C) of section 3702.301 of the Revised Code and paragraph (C) of rule 3701-83-59 of the Administrative Code, a freestanding birthing center is not required to obtain a license under section 3702.30 of the Revised Code if all of the following are the case:
(C) No person or agency of state or local government shall:
(D) Each HCF shall comply with all applicable state and federal laws and regulations.
(E) Nothing in this chapter shall be construed to alter or affect the law with respect to the corporate practice of medicine and surgery, osteopathic medicine and surgery, or dentistry.
(F) The HCF shall have an identifiable governing body responsible for the following:
(G) Each HCF shall either maintain documentation of appropriate liability insurance coverage of the staff and consulting specialists or inform patients that the staff member or consulting specialist does not carry malpractice insurance.
(H) No HCF shall permit any person to smoke inside the HCF. The HCF shall post a notice in a conspicuous place within the HCF stating that smoking is prohibited inside the HCF.
(I) Nothing in this chapter shall be construed as authorizing individuals to provide services outside their licensed scope of practice.
(J) The owner, administrator, and medical director shall be competent to perform the respective responsibilities.
(K) An HCF may arrange for services to be provided through a contract with an outside resource. The HCF shall retain professional management responsibility for contracted services and shall ensure that those services are furnished in a safe an effective manner.
Effective: 7/1/2016
Five Year Review
(FYR) Dates: 02/16/2016 and
02/15/2021
Promulgated
Under: 119.03
Statutory Authority: 3702.12; 3702.13;
3702.30
Rule Amplifies: 3702.12, 3702.13, 3702.141, 3702.30,
3702.301
Prior Effective Dates: 1/13/1996, 6/27/96, 9/5/02, 6/1/06,
6/1/07, 4/24/11