Ohio Admin. Code 5122-25-05

Current through all regulations passed and filed through December 9, 2024
Section 5122-25-05 - Interim certification process and provisions of certification
(A) Except as provided for in this rule, no person or government entity shall provide any of the following alcohol and drug addiction services unless the services have been certified under this chapter:
(1) Residential and withdrawal management substance use disorder services provided in a setting other than an acute care hospital;
(2) Addiction services provided in a residential treatment setting;
(3) One or more of the following addiction services provided on an outpatient basis:
(a) General services.
(b) Crisis intervention service.
(c) Peer recovery services.
(d) SUD case management services.
(B) Paragraph (A) of this rule does not apply to either of the following:
(1) An individual who holds a valid license, certificate, or registration issued by this state authorizing the practice of a health care profession that includes the performance of the services described in paragraphs (A)(1) to (A)(3) of this rule, regardless of whether the services are performed as part of a sole proprietorship, partnership, or group practice;
(2) An individual who provides the services described paragraphs (A)(1) to (A)(3) of this rule as part of an employment or contractual relationship with a hospital outpatient clinic that is accredited by an accreditation agency or organization approved by the director of mental health and addiction services.
(C) A provider seeking initial provider certification for any addiction treatment services described in paragraph (A) of this rule shall obtain interim certification from the department prior to providing the services.
(D) A provider seeking initial certification to provide mental health and/or addiction treatment services shall submit an application for certification. Upon approval, the department shall issue an interim certification for one hundred eighty days or a full certification for up to three years. The determination of whether to issue an interim or full certification is dependent upon the service(s) for which the provider is seeking certification.
(E) A certified provider seeking to add additional services to its existing certification shall be granted an interim or full certification after the department determines that the providers services or activities are compliant with the applicable services standards. The determination of whether to issue an interim or full certification is dependent upon the service(s) for which the provider is seeking additional certification.
(F) The department may issue one of three types of certificates to a provider, based upon its determination pursuant to either rule 5122-25-03 or rule 5122-25-04 of the Administrative Code:
(1) A probationary certificate, which shall replace a full certificate during the term of probation, and which shall expire within one hundred twenty days of the date of issuance, to be used when:
(a) Serious deficiencies are found during the department's determination of a provider's compliance with the certification standards; or
(b) The provider's documented corrective action is not approved by the department.
(2) An interim certificate:
(a) For one hundred eighty days when a provider is seeking initial certification for any service included in paragraph (A) of this rule.
(b) For up to ninety days after the date of issuance, to be used for emergency certification purposes or administrative reasons as determined by the department.
(3) A full certificate specifying the term of certification, which shall not exceed three calendar years from the date of issuance by the department. This certificate shall remain in effect until it is renewed, terminated or revoked. It shall automatically terminate sixty days after the department notifies the provider of its failure to file an application for certification. The department shall issue a full certificate within thirty days of:
(a) Receipt of complete and compliant application materials; or
(b) Receipt of an acceptable plan of correction, as determined by the department.
(G) A probationary, interim and full certificate is renewable, except that an interim certificate may be renewed only twice.
(H) The certificate is valid only for the specified services.
(I) A certificate is valid only at the locations specified on the certificate.
(1) The following services are site specific, meaning that a provider must request certification at each specific location:
(a) Residential and withdrawal management substance use disorder services provided in accordance with rule 5122-29-09 of the Administrative Code.
(b) Driver intervention program provided in accordance with rule 5122-29-12 of the Administrative Code.
(2) A provider may provide any currently certified service not included in paragraph (I)(1) of this rule at any certified location.
(J) A provider may not alter or modify a certificate.
(K) A certificate is not transferable to any other location, provider site, or building.
(L) A certificate is valid only for the applicant named in the application, and is not transferable to or assumable by any other person, corporation, owner or entity, including any person or entity which purchases the certified program's corporate or managing entity, or enters into any similar purchase agreement. . A provider may not grant the use of its certification to another entity.
(M) A provider shall produce the certificate for review upon request of a client or the department.
(N) A provider shall immediately notify the department and the applicable alcohol and drug addiction services board or alcohol, drug addiction and mental health services board in writing of any changes in its operations that affect the provider's continued compliance with the department's certification requirements.
(O) A provider shall notify the department of any change to its executive director, CEO, president or similar title, to include the name, telephone number and e-mail address of the replacement individual.
(P) A provider shall notify the department in writing of any planned changes to the ownership of the provider. Owners are individuals or corporations with a five per cent or more ownership or controlling interest. Notification shall be made at least thirty days prior to the effective date of the ownership change and include ownership information required by the department.

Replaces: 5122-25-05

Ohio Admin. Code 5122-25-05

Effective: 10/31/2019
Five Year Review (FYR) Dates: 10/31/2024
Promulgated Under: 119.03
Statutory Authority: 5119.36
Rule Amplifies: 5119.36
Prior Effective Dates: 10/01/2003, 07/01/2009, 11/24/2011, 02/01/2016