(A) The state board of pharmacy may inspect the operations and facility and subpoena the records of any home medical equipment services provider licensed or registered under this chapter. Inspections shall be conducted as provided in rules adopted by the board under section 4752.17 of the Revised Code.

Terms Used In Ohio Code 4752.08

  • Home medical equipment: means equipment that can stand repeated use, is primarily and customarily used to serve a medical purpose, is not useful to a person in the absence of illness or injury, is appropriate for use in the home, and is one or more of the following:

    (1) Life-sustaining equipment prescribed by an authorized health care professional that mechanically sustains, restores, or supplants a vital bodily function, such as breathing;

    (2) Technologically sophisticated medical equipment prescribed by an authorized health care professional that requires individualized adjustment or regular maintenance by a home medical equipment services provider to maintain a patient's health care condition or the effectiveness of the equipment;

    (3) An item specified by the state board of pharmacy in rules adopted under division (B) of section 4752. See Ohio Code 4752.01

  • state: means the state of Ohio. See Ohio Code 1.59
  • Subpoena: A command to a witness to appear and give testimony.

The board shall send the provider a report of the results of an inspection. If the board determines that the provider is not in compliance with any requirement of this chapter applicable to providers licensed or registered under this chapter, the board may direct the provider to attain compliance. Failure of the provider to comply with the directive is grounds for action by the board under division (B)(1) of section 4752.09 of the Revised Code.

(B) The board shall enforce, or cause to be enforced, this chapter. If it has information that any provision of this chapter has been violated, it shall investigate the matter and take such action as it considers appropriate.

On request, records maintained under division (A)(5) of section 4752.07 of the Revised Code shall be promptly produced for inspection and copying by a board officer, agent, or inspector.

Information received by the board pursuant to an investigation is subject to section 4729.23 of the Revised Code.

Nothing in this chapter shall be construed to require the board to enforce minor violations of this chapter if the board determines that the public interest is adequately served by the notice or warning to the alleged offender.

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