Current through all regulations passed and filed through September 16, 2024
(A)
A location
licensed or registered as a HME provider shall have a designated representative
at all times.
(B)
When there is a change of designated representative,
the state board of pharmacy shall be notified by the new designated
representative within ten days of the effective date of the appointment of the
new designated representative in a manner determined by the
board.
(C)
The designated representative shall be responsible for
compliance with all applicable state and federal laws, regulations, and rules
governing the provision of HME services.
(D)
The designated
representative shall be physically present at the licensed or registered
location for a sufficient amount of time to provide supervision of the
activities conducted by a HME services provider.
(E)
Unless otherwise
approved by the board, a HME services provider shall not have a designated
representative who:
(1)
Has been denied the right to work in any facility by
the state board of pharmacy as part of an official order of the
board.
(2)
Has been denied the right to work in such a facility by
another professional licensing agency as part of an official order of that
agency.
(3)
Has committed an act that constitutes a misdemeanor
theft offense, regardless of the jurisdiction in which the act was
committed.
(4)
Has committed an act that constitutes a felony,
regardless of the jurisdiction in which the act was committed.
(5)
Is addicted to or
abusing alcohol or drugs.
(6)
Has committed an act that constitutes a misdemeanor
involving dishonesty, fraud, or directly related to the provision of HME
services, regardless of the jurisdiction in which the act was
committed.
(7)
Has been disciplined by the state board of pharmacy
pursuant to Chapter 4729. of the Revised Code, except for a disciplinary action
related to the failure to timely obtain continuing education required pursuant
to agency 4729 of the Administrative Code.
(8)
Has been excluded
from participation in medicare or a state health care program.
(9)
Has been the
subject of any of the following by an accrediting agency or a licensing or
certification agency of any state or jurisdiction:
(a)
A disciplinary
action that resulted in the suspension, probation, surrender or revocation of
the person's license, registration, certification, or accreditation;
or
(b)
A disciplinary action that was based, in whole or in
part, on the person's provision of home medical equipment
services.
(10)
Has committed an act that constitutes a misdemeanor
that is related to, or committed in, the employee's professional
practice.
(11)
Has committed an act of moral turpitude that
constitutes a felony or misdemeanor in this state, regardless of the
jurisdiction in which the act was committed.
