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ODH's Regulatory Mission

The Ohio Department of Health’s (ODH) mission is to protect and improve the health of all Ohioans by preventing disease, promoting good health, and assuring access to quality health care. To accomplish that goal, it is important that we consistently regulate Ohio’s public health structure.

 Common Sense Initiative

Executive Order 2011-01K, establishing the Common Sense Initiative, was signed into effect on January 10, 2011.  

See, http://www.governor.ohio.gov/Portals/0/pdf/executiveOrders/EO2011-01.pdf.

Paperwork/Procedural Violations

Executive Order 2011-01K provides that “penalties should be waived for first-time violators especially for administrative matters such as filing and reporting deadlines. Flexibility and simplicity should be emphasized in order to promote compliance. Enforcement actions should be utilized when necessary for entities that have been unwilling to comply.” See also, Section 119.14 of the Ohio Revised Code.  In order to meet the requirements of the executive order, ODH has adopted the following policy statement.

 ODH’s Policy Statement Regarding Paperwork/Procedural Violations

ODH is committed to the goal of ensuring that regulated customers have the opportunity to achieve compliance with ODH's procedural requirements.  Therefore, when it is feasible, appropriate, and permitted by law, ODH will provide one (1) warning letter to a regulated customer who commits a first time or isolated violation of a "minor" paperwork or procedural requirement, such as failing to submit a timely and complete license renewal application or other required documentation to ODH.  If permitted by law, ODH will not impose a civil monetary penalty for such a violation, and will give the customer a reasonable amount of time to correct the violation in accordance with section 119.14 of the Revised Code, unless:

  1. The Director of Health determines the violation has the potential to cause serious harm to the public interest;
  2. The violation involves a small business knowingly or willfully engaging in conduct that may result in a felony conviction;
  3.  Failure to impose an administrative fine or civil penalty for the violation would impede or interfere with the detection of criminal activity; 
      

  4.  The violation is of a law concerning the assessment or collection of any tax, debt, revenue, or receipt;
       

  5. The violation presents a direct danger to the public health or safety, results in a financial loss to an employee, or the Director of Health determines the violation presents the risk of severe environmental harm;

  6. The violation is a failure to comply with a federal requirement for a program that has been delegated from the federal government to the Department of Health and includes a requirement to impose a fine.

This Policy Statement should not be construed as a waiver of ODH’s authority to enforce any law or regulation requiring a person or entity to obtain a valid permit or license before engaging in regulated activity, or enforce any other state or federal law.

 Other Assistance Available for Businesses

ODH’s mission is to protect the health of Ohioans. However, we also recognize the challenges we face as a state in attracting and retaining businesses to maintain a strong economy for Ohio. To help meet both of these goals we strive for timely licensure, certification and permit application reviews that meet business timeframes whenever possible, while continuing our main mission of protecting the health and safety of all Ohioans.

ODH is working to continuously improve the accessibility, flexibility, responsiveness and problem solving involved in our daily activities. As a result, we have made several changes to improve the efficiency of our licensure, certification and permit processes and are continually reviewing our business practices for other areas of improvement.

 

 

 

Last updated: 3/30/2017