(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
disqualifying 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)(4) 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)(5) 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)(6) Has been excluded
from participation in medicare or a state health care program.
(9)(7)
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.
