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Laws and Rules

Current Laws and Rules

Respiratory Care Profession:

Home Medical Licensing Profession:

Rule Making Process Brochure (pdf)

** Please Note **

The transcriptions contained on this site of the Ohio Revised Code and Ohio Administrative Code pertaining to Chapter 4761. and 4752. of the Revised Code are not the official versions. All attempts have been made to verify the accuracy of the text. However, if you require an official,accurate copy, the board recommends that you consult the official Ohio Revised Code and Ohio Administrative Code, which can be found in any public or law library.

Proposed Rules (This section contains proposed rescinded, new, or amended rules and refiled proposed rules - rules under five-year rule review appear in the next section)

There are no currently proposed rules


Five-Year Rules Due for Review

The Ohio Respiratory Care Board announces its intent to adopt 20 amended rules pursuant to the Five-Year Rule Review Process.  These rules has been filed pursuant to Chapter 119.03 of the Revised Code and the filing is in compliance with Chapter 106.023 of the Revised Code. 

A public hearing will be conducted on: Wednesday, October 21, 2015 at 1:00 p.m. in Room West B&C, 31st Floor, Vern Riffe Center for Gov’t and the Arts, 77 South High Street, Columbus, OH.  Any person affected by the proposed action may present oral or written testimony.

 

All interested persons will be given the opportunity to be heard at the public hearing.  Those persons who wish to provide oral testimony at the hearing are encouraged to preregister by contacting Corey Schaal at the address below, and may be given preference in the order of their testimony.  Persons providing oral testimony are encouraged to submit a written copy of the testimony at the hearing.

All written comments received by the Board before the close of the hearing record will be considered.  Oral and written comments may be provided at the public hearing; however, persons interested in providing written comments without attending the hearing are encouraged to do so no later than October 13, 2015 via e-mail to traci.mcdonald@rcb.state.oh.us or via regular mail to the attention of:

Ohio Respiratory Care Board

77 South High Street, 16th Floor

Columbus, Ohio 43215-6108

Attn: Corey C. Schaal, Executive Director

 • Ohio Respiratory Care Board’s website: http://respiratorycare.ohio.gov/LawsandRules.aspx

• Register of Ohio website: http://www.registerofohio.state.oh.us/jsps/publicdisplayrules/searchAgency.jsp

Proposed amended rules (Note: draft rule will show changes. Red indicates redacted language.  Blue indicates new or added language. Black is existing or retained language).  Click on rule number to view the proposed rule.

 

Respiratory Care ORC 4761 rules proposed for amendment:

Amended rule             4761-5-06       Respiratory care practice by polysomnographic technologists

Summary:                   The Board proposes to amend this rule to clarify that non-invasive ventilation is a respiratory care task which can be performed in certain circumstances by a polysomnographic technologist upon prescription or under the supervision of a physician. 

Amended rule 4761-7-05       Administration of medications

Summary:                   The Board proposes to amend this rule to make a grammatical correction by making respiratory care professional(s) and limit permit holder(s) singular as opposed to plural to correct sentence tense. 

Amended rule 4761-11-04     Representation; appearance; communication; applicability

Summary:                   The Board proposes to amend this rule to correct that the appointed hearing officer is elected by the Board from its members as currently provided in OAC 4761-2-01.  Additionally, the Board proposes to amend this rule to correct that a hearing examiner for purposes of this chapter is already defined as being an attorney.

Amended rule             4761-11-05     Authority and duties of the board or attorney hearing examiner

Summary:                   The Board proposes to amend this rule to correct that a hearing examiner for purposes of this chapter is already defined as being an attorney

Amended rule             4761-11-08     Service 

Summary:                   The Board proposes to amend this rule to correct that a hearing examiner for purposes of this chapter is already defined as being an attorney.

Amended rule             4761-11-09     Computation and extension of time

Summary:                   The Board proposes to amend this rule to make a grammatical correction to replace “its” with the proper “the.”

Amended rule             4761-11-10     Motions

Summary:                   The Board proposes to amend this rule to make a grammatical correction to replace “board’s” or “its” with the proper “the.”

Amended rule             4761-11-12     Subpoenas for purposes of hearing

Summary:                   The Board proposes to amend this rule to make a grammatical correction to replace “its” with the proper “the.”

Amended rule             4761-11-17     Witnesses

Summary:                   The Board proposes to amend this rule to correct that a hearing examiner for purposes of this chapter is already defined as being an attorney.  Also, the Board proposes to amend this rule to make a grammatical correction to replace “its” with the proper “the.

Amended rule             4761-11-19     Exhibits

Summary:                   The Board proposes to amend this rule to make a grammatical correction to replace “board’s” or “its” with the proper “the.”

Amended rule             4761-12-03     Replacement of license or certificate

Summary:                   The Board proposes to amend this rule to reflect that since paper identification cards are no longer issued by the Board that a $6 fee for requesting a replacement card may be confusing.

 

Home Medical Services ORC 4752 rules proposed for amendment:

Amended rule             4761:1-2-02    Personnel

Summary:                   The Board proposes to amend this rule to make a grammatical correction by making expenditure plural as opposed to singular to correct sentence tense.

Amended rule             4761:1-5-03    Failure to file a complete application for a license\

Summary:                   The Board proposes to amend this rule to make a drafting correction.  The term “and” is missing from between two cited code provisions.

Amended rule             4761:1-6-04    Failure to file a complete application for a certificate of registration

Summary:                   The Board proposes to amend this rule to make a drafting correction.  The term “and” is missing from between two cited code provisions.

Amended rule             4761:1-11-03 Filing a request with the Ohio attorney general's office for injunctive relief or civil penalties

Summary:                   The Board proposes to amend this rule to make a grammatical correction by changing the tense of “filing” to “filed.”

Amended rule             4761:1-12-01 Representation; appearance; communication; applicability

Summary:                   The Board proposes to amend this rule to correct that the appointed hearing officer is elected by the Board from its members as currently provided in OAC 4761:1-2-01.  Additionally, the Board proposes to amend this rule to correct that a hearing examiner for purposes of this chapter is already defined as being an attorney.

Amended rule             4761:1-12-02 Authority and duties of the board or attorney hearing examiner

Summary:                   The Board proposes to amend this rule to correct that a hearing examiner for purposes of this chapter is already defined as being an attorney.

Amended rule             4761:1-12-08 Exhibits

Summary:                   The Board proposes to amend this rule to make a grammatical correction to replace “board’s” or “its” with the proper “the.”

Amended rule             4761:1-12-09 Witnesses

Summary:                   The Board proposes to amend this rule to make a grammatical correction to the conjunction or in the proper position.

Amended rule             4761:1-12-17 Prior action by the board

Summary:       The Board proposes to amend this rule to correct that a hearing examiner for purposes of this chapter is already defined as being an attorney.  Additionally, the Board would clarify that the hearing officer is an appointed hearing officer.

 

Click HERE for a copy of the Public Hearing Notice.



contact

77 S. High Street, 16th Floor • Columbus, Ohio 43215
Tel: (614) 752-9218 •
Fax: (614) 728-8691
Email the Board

 

Continuing Education Requirements - (click on link)

 

Ohio Respiratory Care online Ethics/Law and Rules Review Continuing Education  - (click on link)