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The Ohio Respiratory Care Board is a single-program series agency with multiple functions. Established under Sub. S. B. 300 of the 118th General Assembly and signed into law under Chapter 4761 of the Ohio Revised Code, the Ohio Respiratory Care Board is responsible for the regulation of the practice of respiratory care in the state of Ohio. In 2005, the 125th General Assembly passed H.B. 105, establishing a licensing and certification requirement for home medical equipment facilities under Chapter 4752 of the Ohio Revised Code. The Ohio Respiratory Care Board's regulatory authority was changed to include HME facility regulation.
Listed in terms of priority, this regulation includes: (1) Licensing properly qualified respiratory care and HME providers and issuing limited permits to respiratory care program students, graduates, and experienced-based providers; (2) maintaining the active status of the board's licensees through timely renewal; (3) acting on complaints filed with the agency through investigation, inquiry and on site inspection of facilities; (4) establishing educational standards for respiratory care educational programs; and (5) monitoring compliance of mandatory continuing education for respiratory care providers. By law, the Board is also responsible for annually recommending improvements to the practice of respiratory care to the Governor and Ohio General Assembly. By carrying out the aforementioned mandates under Chapter 4761. of the Revised Code, the Ohio Respiratory Care Board seeks to provide the public in the state of Ohio with safe, competent respiratory care providers and home medical equipment facilities.
To protect and serve the public of Ohio by effectively and efficiently regulating the practice of Respiratory Care and Home Medical Equipment facility licensure and registration in the State of Ohio through the licensing of qualified practitioners and facilities, the establishment of standards for respiratory care educational programs and facility inspection standards, and the enforcement of the laws and rules governing both practices.
Function of the Board
The Ohio Respiratory Care Board has dual functions: the licensing and regulation of respiratory care professionals under Chapter 4761 of the Ohio Revised Code and licensing and registration of Home Medical Equipment facilities offering to sell, deliver, rent, install, demonstrate, replace or maintain specified home medical equipment in Ohio under Chapter 4752 of the Ohio Revised Code. read more...
Making a responsible difference for the citizens of Ohio --- byEfficient and Effective Licensing for Respiratory Care Professionals and Home Medical Equipment facilities, Enforcing Practice Standards and Promoting Professional Competency.
On June 5, 2014, Governor Kasich signed H.B. 165 into law. The new law will become effective 90 days after the Governor's signature date. H.B. 165 amends Chapter 4761 of the Ohio Revised Code by exempting Certified Hyperbaric Technologists from the provision of Chapter 4761 of the Ohio Revised Code for the purpose of administering hyperbaric oxygen therapy under the direct supervision of a physician, a physician assistant, or an advanced practice registered nurse.
The new Act requires Certified Hyperbaric Technologist to file copies of their certification with the Ohio Respiratory Care Board. The Board is required to adopt rules stating the procedure for accepting and storing certifications filed by Certified Hyperbaric Technologists.
Specific amendments to Rule 4761:1-3-02 will go into effect on June 4, 2014. Among the amendments, the definition of Transcutaneous Electronic Stimulators (TENS) devices has been changed. The new definition excludes TENS devices labeled by the food and drug administration (FDA) for over-the-counter use and are identified with the FDA product code "NUH.OTC.TENS."
This change does not remove TENS devices from the list of defined home medical equipment, but refines the definition of TENS devices. A copy of the rules effective on June 4, 2014, click - HERE.
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2014 Renewal forms will be mailed on March 15, 2014 for license/registrations that expire on June 30, 2014. The following are due for renewal this year:
1. Respiratory Care Professional licenses
2. Limited Permit holders (both student and employment based)
3. Home Medical Equipment facility licenses
4. Home Medical Equipment certificate of registration holders
The Ohio Respiratory Care Board recently approved the Council for Tobacco Treatment Training Programs (CTTTP) as an approved source of continuing education for persons taking the Tobacco Treatment Specialist (TTS) program. Ohio rule 4761-9-05 of the Administrative Code recognizes specific approved sources of continuing education for meeting Ohio's continuing education requirements for license renewal. This rule allows the Board to consider other non-listed sources as meeting the Board's requirements as an approved source of continuing education. The CTTTP is now recognized as an addition source of RCCE for license renewal.
Ohio's new rule, "Waiver of Licensing Requirements Pursuant to Division (B) of Section 4761.04 of the Revised Code" or informally referred to as, "Ohio's Examination Recognition rule," went into effect on April 24, 2013. This new rule revises the Board's license approval methodology by waiving specific statutory requirements for initial licensure. The Board's authority to waive specific requirements is found under ORC 4761.04 (B). Under this authority, the Board may waive all or part of the license eligibility requirements found in ORC 4761.04 (A).
Aspects of the rule went into effect on April 24, 2013. Other aspects of the rule, most notably the recognition of the Registered Respiratory Therapist (RRT) examination (written and clinical simulation portions) for initial licensure in Ohio, do not go into effect until January 1, 2015. To review this rule in its entirety, click HERE.
The Board has developed a frequently asked questions sheet and we encourage licensees and employers to review this information to gain a better understanding of the rule and its effects. A frequently asked questions sheet is available. Click HERE to see FAQ.
The sale and rental of TENs units, or other HME devices defined under OAC 4761:1-3-02, by health care providers is not permitted, unless the provider obtains an license or certificate of registration issued by the Ohio Respiratory Care Board. ORC 4752.01(B) of the Revised Code defines home medical equipment. This definition is expanded under OAC rule 4761:1-3-02, which lists TENs units among the HME items defined by the Board. ORC 4752.02(B)(1) exempts "health care practitioners" from requiring a license or certificate of registration as long as the practitioner does not sell or rent HME.
To obtain a license to sell or rent home medical equipment requires that the applicant meet specific standards promulgated by the Board. The Board, soon after issuance of the license, will inspect each facility to verify compliance with the HME standards. For a copy of these standards, click on this link: HME Standards . The Board recommends that these standards be carefully reviewed and verified by the applicant prior to filing an application for an HME license. Filing fees are non-refundable.
The Board no longer issues wallet sized I.D. cards. Instead, employers and licensees are directed to perform an online license verification using the Board's "License Verification" function located on this page. The "License Verification" feature is a primary source system for licensure verification.
OAC 4761:1-15-03 requires:
1. HME Licenses or Certificates of Registration are valid only for the facility location listed in the original application. If a facility moves to a new address, the HME License or Certification of Registration is no longer valid. An HME facility that does not obtain a new License or Certificate of Registration is not in compliance with Ohio laws and rules regulating the provision of HME services.
2. If an HME facility ceases to be engaged in HME services, the facility must provide written notification to the Board. Upon receipt, the Board will cancel the applicable HME license or certificate of registration.
3. If an HME facility changes ownership, the new owner shall immediately notify the Board in writing of the ownership. For licensed HME facilities, the new owner is responsible for scheduling an inspection within sixty days of the change in ownership. Specifics are addressed in rule.
4. An HME facility that changes its name shall request an updated license or certificate of registration identification card.
To see a full copy of the rule, click HERE.
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