(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.

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.

Amended by 132nd General Assembly File No. TBD, HB 541, §1, eff. 3/22/2019.

Amended by 132nd General Assembly File No. TBD, HB 49, §130.11, eff. 1/21/2018.

Effective Date: 09-16-2004 .