As Rereported by the Senate Health Committee             1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 243   5            

      1997-1998                                                    6            


    REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-HAINES-SCHURING-      8            

    TAYLOR-TERWILLEGER-TIBERI-OLMAN-WACHTMANN-VESPER-SAWYER-       9            

      GARCIA-LEWIS-AMSTUTZ-O'BRIEN-HOUSEHOLDER-REID-HARRIS-        10           

                 SENATORS DRAKE-DIX-RAY-BLESSING                   11           


                                                                   12           

                           A   B I L L                                          

             To amend sections 3702.30, 3702.51, 3727.01,          14           

                4723.41, and 4751.05 and to enact sections 5.2213  15           

                and 3701.75 of the Revised Code to establish       17           

                standards for using electronic signatures in       19           

                health care records, to extend exemptions from     20           

                hospital and nursing home regulations that apply   21           

                to Christian Science sanatoriums to other          23           

                institutions that meet similar criteria, to        24           

                eliminate an extension on the effective date of                 

                the licensing requirement that applies to certain  25           

                health care facilities located in rural areas, to  27           

                modify the requirements to practice as a clinical  28           

                nurse specialist, and to designate "Ohio Breast                 

                Cancer Awareness Month" and "Ohio Mammography      29           

                Day."                                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        31           

      Section 1.  That sections 3702.30, 3702.51, 3727.01,         33           

4723.41, and 4751.05 be amended and sections 5.2213 and 3701.75    36           

of the Revised Code be enacted to read as follows:                 37           

      Sec. 5.2213.  THE MONTH OF OCTOBER IS DESIGNATED AS "OHIO    40           

BREAST CANCER AWARENESS MONTH," AND THE THIRD THURSDAY OF EACH     41           

OCTOBER IS DESIGNATED AS "OHIO MAMMOGRAPHY DAY," TO PROMOTE THE    42           

IMPORTANCE OF IDENTIFYING BREAST CANCER IN ITS EARLIEST STAGES.    43           

                                                          2      

                                                                 
      Sec. 3701.75.  (A)  AS USED IN THIS SECTION:                 45           

      (1)  "ELECTRONIC RECORD" MEANS A RECORD COMMUNICATED,        48           

RECEIVED, OR STORED BY ELECTRONIC, MAGNETIC, OPTICAL, OR SIMILAR   49           

MEANS FOR STORAGE IN AN INFORMATION SYSTEM OR TRANSMISSION FROM    50           

ONE INFORMATION SYSTEM TO ANOTHER.  "ELECTRONIC RECORD" INCLUDES   51           

A RECORD THAT IS COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC                

DATA INTERCHANGE, ELECTRONIC MAIL, FACSIMILE, TELEX, OR SIMILAR    53           

METHODS OF COMMUNICATION.                                                       

      (2)  "ELECTRONIC SIGNATURE" MEANS ANY OF THE FOLLOWING       55           

ATTACHED TO OR ASSOCIATED WITH AN ELECTRONIC RECORD BY AN          57           

INDIVIDUAL TO AUTHENTICATE THE RECORD:                                          

      (a)  A CODE CONSISTING OF A COMBINATION OF LETTERS,          60           

NUMBERS, CHARACTERS, OR SYMBOLS THAT IS ADOPTED OR EXECUTED BY AN  61           

INDIVIDUAL AS THAT INDIVIDUAL'S ELECTRONIC SIGNATURE;              62           

      (b)  A COMPUTER-GENERATED SIGNATURE CODE CREATED FOR AN      65           

INDIVIDUAL;                                                                     

      (c)  AN ELECTRONIC IMAGE OF AN INDIVIDUAL'S HANDWRITTEN      68           

SIGNATURE CREATED BY USING A PEN COMPUTER.                                      

      (3)  "HEALTH CARE RECORD" MEANS ANY DOCUMENT OR COMBINATION  71           

OF DOCUMENTS PERTAINING TO A PATIENT'S MEDICAL HISTORY,                         

DIAGNOSIS, PROGNOSIS, OR MEDICAL CONDITION THAT IS GENERATED AND   72           

MAINTAINED IN THE PROCESS OF THE PATIENT'S TREATMENT.              73           

      (B)  ANY ENTRY INTO A HEALTH CARE RECORD MAY BE              77           

AUTHENTICATED BY EXECUTING HANDWRITTEN SIGNATURES OR HANDWRITTEN   78           

INITIALS DIRECTLY ON THE ENTRY OR BY EXECUTING AN ELECTRONIC       79           

SIGNATURE.  AN ELECTRONIC SIGNATURE EXECUTED IN ACCORDANCE WITH    80           

AN ELECTRONIC SIGNATURE SYSTEM THAT IS CERTIFIED BY THE            82           

DEPARTMENT OF HEALTH UNDER DIVISION (C) OF THIS SECTION SHALL BE   83           

CONSIDERED FOR ALL LEGAL PURPOSES TO BE THE SAME AS HAVING         84           

EXECUTED A HANDWRITTEN SIGNATURE OR HANDWRITTEN INITIALS, EXCEPT   85           

WHEN ANY FEDERAL LAW GOVERNING STATE PARTICIPATION IN A FEDERAL    86           

PROGRAM REQUIRES THAT ENTRIES INTO HEALTH CARE RECORDS BE          87           

AUTHENTICATED ONLY BY HANDWRITTEN SIGNATURES OR HANDWRITTEN        88           

INITIALS.  THE ELECTRONIC SIGNATURE GENERATED BY A CERTIFIED       90           

                                                          3      

                                                                 
SYSTEM SHALL BE PRESUMED TO BE THE SIGNATURE OF THE INDIVIDUAL TO  92           

WHOM IT IS ASSIGNED AND TO BE AFFIXED FOR THE PURPOSE OF           94           

AUTHENTICATING AN ENTRY INTO A HEALTH CARE RECORD.                              

      (C)(1)  THE DEPARTMENT OF HEALTH SHALL ADMINISTER A PROGRAM  96           

UNDER WHICH ENTITIES THAT CREATE AND MAINTAIN HEALTH CARE RECORDS  97           

MAY RECEIVE CERTIFICATION FROM THE DEPARTMENT OF THEIR ELECTRONIC  98           

SIGNATURE SYSTEMS.  THE DEPARTMENT SHALL DETERMINE THE TYPES OF    99           

ENTITIES THAT ARE ELIGIBLE TO HAVE THEIR ELECTRONIC SIGNATURE      100          

SYSTEMS CERTIFIED UNDER THIS SECTION.                                           

      THE DEPARTMENT SHALL CERTIFY AN ELIGIBLE ENTITY'S            102          

ELECTRONIC SIGNATURE SYSTEM IF ALL OF THE FOLLOWING APPLY:         103          

      (a)  THE ENTITY ADOPTS A POLICY THAT PERMITS THE USE OF      107          

ELECTRONIC SIGNATURES ON ELECTRONIC RECORDS.                       108          

      (b)  THE ENTITY'S ELECTRONIC SIGNATURE SYSTEM UTILIZES       111          

EITHER A TWO-LEVEL ACCESS CONTROL MECHANISM THAT ASSIGNS A UNIQUE  112          

IDENTIFIER TO EACH USER OR A BIOMETRIC ACCESS CONTROL DEVICE.      113          

      (c)  THE ENTITY TAKES STEPS TO SAFEGUARD AGAINST             116          

UNAUTHORIZED ACCESS TO THE SYSTEM AND FORGERY OF ELECTRONIC        118          

SIGNATURES.                                                                     

      (d)  THE SYSTEM INCLUDES A PROCESS TO VERIFY THAT THE        121          

INDIVIDUAL AFFIXING THE ELECTRONIC SIGNATURE HAS REVIEWED THE      122          

CONTENTS OF THE ENTRY AND DETERMINED THAT THE ENTRY CONTAINS WHAT  123          

THAT INDIVIDUAL INTENDED.                                                       

      (e)  THE POLICY ADOPTED BY THE ENTITY PURSUANT TO DIVISION   126          

(C)(1)(a) OF THIS SECTION PRESCRIBES ALL OF THE FOLLOWING:         127          

      (i)  A PROCEDURE BY WHICH EACH USER OF THE SYSTEM MUST       129          

CERTIFY IN WRITING THAT THE USER WILL FOLLOW THE CONFIDENTIALITY   132          

AND SECURITY POLICIES MAINTAINED BY THE ENTITY FOR THE SYSTEM;     133          

      (ii)  PENALTIES FOR MISUSING THE SYSTEM;                     135          

      (iii)  TRAINING FOR ALL USERS OF THE SYSTEM THAT INCLUDES    139          

AN EXPLANATION OF THE APPROPRIATE USE OF THE SYSTEM AND THE                     

CONSEQUENCES FOR NOT COMPLYING WITH THE ENTITY'S CONFIDENTIALITY   141          

AND SECURITY POLICIES.                                                          

      (2)  IN LIEU OF MAKING A DIRECT DETERMINATION OF COMPLIANCE  144          

                                                          4      

                                                                 
UNDER DIVISION (C)(1) OF THIS SECTION, THE DEPARTMENT MAY ACCEPT   146          

THE APPROVAL OF ANY PRIVATE OR PUBLIC ORGANIZATION THAT HAS                     

REVIEWED THE ENTITY'S SYSTEM, IF THE DEPARTMENT DETERMINES THAT    147          

THE ORGANIZATION HAS STANDARDS AT LEAST AS STRINGENT AS THOSE      148          

SPECIFIED IN DIVISION (C)(1) OF THIS SECTION.  ORGANIZATIONS WITH  150          

STANDARDS FOR APPROVAL OF ELECTRONIC SIGNATURE SYSTEMS THAT THE                 

DEPARTMENT MAY ACCEPT INCLUDE THE JOINT COMMISSION ON              153          

ACCREDITATION OF HEALTHCARE ORGANIZATIONS, THE AMERICAN            154          

OSTEOPATHIC ASSOCIATION, THE UNITED STATES FOOD AND DRUG           156          

ADMINISTRATION, AND THE UNITED STATES HEALTH CARE FINANCING        158          

ADMINISTRATION.  IF AN ENTITY RECEIVES APPROVAL OF ITS ELECTRONIC  159          

SIGNATURE SYSTEM IN THIS MANNER, AND IS SUBSEQUENTLY CITED BY THE  161          

PRIVATE OR PUBLIC ORGANIZATION FOR A VIOLATION THAT INVOLVES THE   162          

ENTITY'S SYSTEM, THE ENTITY SHALL IMMEDIATELY NOTIFY THE           164          

DEPARTMENT OF THE CITATION AND THE DEPARTMENT SHALL WITHDRAW ITS                

CERTIFICATION.                                                     165          

      (3)  THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES IN          167          

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR  168          

THE DEPARTMENT'S ADMINISTRATION OF THE PROGRAM FOR CERTIFYING THE  169          

ELECTRONIC SIGNATURE SYSTEMS OF ENTITIES THAT CREATE AND MAINTAIN  170          

HEALTH CARE RECORDS.                                                            

      Sec. 3702.30.  (A)  As used in this section:                 179          

      (1)  "Ambulatory surgical facility" means a facility,        181          

whether or not part of the same organization as a hospital, that   182          

is located in a building distinct from another in which inpatient  184          

care is provided, and to which any of the following apply:         185          

      (a)  Outpatient surgery is routinely performed in the        187          

facility and the facility functions separately from a hospital's   189          

inpatient surgical service and from the offices of private                      

physicians, podiatrists, and dentists;                             190          

      (b)  Anesthesia is administered in the facility by an        193          

anesthesiologist or certified registered nurse anesthetist and     195          

the facility functions separately from a hospital's inpatient                   

surgical service and from the offices of private physicians,       196          

                                                          5      

                                                                 
podiatrists, and dentists;                                         197          

      (c)  The facility applies to be certified by the United      200          

States health care financing administration as an ambulatory       201          

surgical center for purposes of reimbursement under Part B of the  202          

medicare program, Part B of Title XVIII of the "Social Security    204          

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended;            205          

      (d)  The facility applies to be certified by a national      208          

accrediting body approved by the health care financing                          

administration for purposes of deemed compliance with the          209          

conditions for participating in the medicare program as an         210          

ambulatory surgical center;                                        211          

      (e)  The facility bills or receives from any third-party     214          

payer, governmental health care program, or other person or                     

government entity any ambulatory surgical facility fee that is     216          

billed or paid in addition to any fee for professional services;   217          

      (f)  The facility is held out to any person or government    219          

entity as an ambulatory surgical facility or similar facility by   220          

means of signage, advertising, or other promotional efforts.       221          

      "Ambulatory surgical facility" does not include a hospital   224          

emergency department.                                                           

      (2)  "Ambulatory surgical facility fee" means a fee for      227          

certain overhead costs associated with providing surgical          228          

services in an outpatient setting.  A fee is an ambulatory         229          

surgical facility fee only if it directly or indirectly pays for   230          

costs associated with any of the following:                                     

      (a)  Use of operating and recovery rooms, preparation        233          

areas, and waiting rooms and lounges for patients and relatives;   234          

      (b)  Administrative functions, record keeping,               236          

housekeeping, utilities, and rent;                                 237          

      (c)  Services provided by nurses, orderlies, technical       240          

personnel, and others involved in patient care related to          241          

providing surgery.                                                              

      "Ambulatory surgical facility fee" does not include any      244          

additional payment in excess of a professional fee that is         245          

                                                          6      

                                                                 
provided to encourage physicians, podiatrists, and dentists to     246          

perform certain surgical procedures in their office or their       247          

group practice's office rather than a health care facility, if     248          

the purpose of the additional fee is to compensate for additional  249          

cost incurred in performing office-based surgery.                               

      (3)  "Governmental health care program" has the same         251          

meaning as in section 4731.65 of the Revised Code.                 252          

      (4)  "Health care facility" means any of the following:      254          

      (a)  An ambulatory surgical facility;                        256          

      (b)  A freestanding dialysis center;                         258          

      (c)  A freestanding inpatient rehabilitation facility;       260          

      (d)  A freestanding birthing center;                         262          

      (e)  A freestanding radiation therapy center;                264          

      (f)  A freestanding or mobile diagnostic imaging center.     266          

      (5)  "Metropolitan statistical area" has the same meaning    269          

as in section 3702.51 of the Revised Code.                                      

      (6)  "Third-party payer" has the same meaning as in section  272          

3901.38 of the Revised Code.                                                    

      (B)  By rule adopted in accordance with sections 3702.12     275          

and 3702.13 of the Revised Code, the director of health shall      276          

establish quality standards for health care facilities.  The       277          

standards may incorporate accreditation standards or other                      

quality standards established by any entity recognized by the      278          

director.  The rules shall be adopted so as to cause the           279          

standards to take effect on March 31, 1996.                        280          

      (C)  The director shall issue a license to each health care  282          

facility that makes application for a license and demonstrates to  283          

the director that it meets the quality standards established       284          

under division (B) of this section, except that if a health care   285          

facility located in a metropolitan statistical area applies for a  286          

license on or after March 31, 1996, and at the time the license    288          

is to take effect the quality standards are not yet in effect,     290          

the director shall issue the license without a demonstration that  291          

the health care facility meets quality standards.                               

                                                          7      

                                                                 
      (D)  Effective March 31, 1996, no health care facility       293          

located in a metropolitan statistical area shall operate without   294          

a license issued under this section.  Effective April 1, 1998, no  295          

other NO health care facility shall operate without a license      297          

issued under this section.                                                      

      (E)  The rules adopted under division (B) of this section    300          

shall include provisions governing application for, renewal,       301          

suspension, and revocation of licenses.                                         

      Sec. 3702.51.  As used in sections 3702.51 to 3702.62 of     310          

the Revised Code:                                                  311          

      (A)  "Applicant" means any person that submits an            313          

application for a certificate of need and who is designated in     314          

the application as the applicant.                                  315          

      (B)  "Person" means any individual, corporation, business    317          

trust, estate, firm, partnership, association, joint stock         318          

company, insurance company, government unit, or other entity.      319          

      (C)  "Certificate of need" means a written approval granted  321          

by the director of health to an applicant to authorize conducting  322          

a reviewable activity.                                             323          

      (D)  "Health service area" means a geographic region         325          

designated by the director of health under section 3702.58 of the  326          

Revised Code.                                                      327          

      (E)  "Health service" means a clinically related service,    329          

such as a diagnostic, treatment, rehabilitative, or preventive     330          

service.                                                           331          

      (F)  "Health service agency" means an agency designated to   333          

serve a health service area in accordance with section 3702.58 of  334          

the Revised Code.                                                  335          

      (G)  "Health care facility" means:                           337          

      (1)  A hospital registered under section 3701.07 of the      339          

Revised Code;                                                      340          

      (2)  A nursing home licensed under section 3721.02 of the    342          

Revised Code, or by a political subdivision certified under        343          

section 3721.09 of the Revised Code;                               344          

                                                          8      

                                                                 
      (3)  A county home or a county nursing home as defined in    346          

section 5155.31 of the Revised Code that is certified under Title  347          

XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935),    348          

42 U.S.C.A. 301, as amended;                                       349          

      (4)  A freestanding dialysis center;                         351          

      (5)  A freestanding inpatient rehabilitation facility;       353          

      (6)  An ambulatory surgical facility;                        355          

      (7)  A freestanding cardiac catheterization facility;        357          

      (8)  A freestanding birthing center;                         359          

      (9)  A freestanding or mobile diagnostic imaging center;     361          

      (10)  A freestanding radiation therapy center.               363          

      A health care facility does not include the offices of       365          

private physicians and dentists whether for individual or group    366          

practice, Christian Science sanitoriums operated or listed and     367          

certified by the First Church of Christ, Scientist, Boston,        368          

Massachusetts, residential facilities licensed under section       369          

5123.19 of the Revised Code, or habilitation centers certified by  370          

the director of mental retardation and developmental disabilities  371          

under section 5123.041 of the Revised Code, OR AN INSTITUTION FOR  372          

THE SICK THAT IS OPERATED EXCLUSIVELY FOR PATIENTS WHO USE         373          

SPIRITUAL MEANS FOR HEALING AND FOR WHOM THE ACCEPTANCE OF         374          

MEDICAL CARE IS INCONSISTENT WITH THEIR RELIGIOUS BELIEFS,         375          

ACCREDITED BY A NATIONAL ACCREDITING ORGANIZATION, EXEMPT FROM     376          

FEDERAL INCOME TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE  377          

CODE OF 1986, 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, AND       379          

PROVIDING TWENTY-FOUR HOUR NURSING CARE PURSUANT TO THE EXEMPTION               

IN DIVISION (G) OF SECTION 4723.32 OF THE REVISED CODE FROM THE    380          

LICENSING REQUIREMENTS OF CHAPTER 4723. OF THE REVISED CODE.       381          

      (H)  "Medical equipment" means a single unit of medical      383          

equipment or a single system of components with related functions  384          

that is used to provide health services.                           385          

      (I)  "Third-party payer" means a health insuring             387          

corporation licensed under Chapter 1751. of the Revised Code, a    390          

health maintenance organization as defined in division (K) of      391          

                                                          9      

                                                                 
this section, an insurance company that issues sickness and        392          

accident insurance in conformity with Chapter 3923. of the         393          

Revised Code, a state-financed health insurance program under      394          

Chapter 3701., 4123., or 5111. of the Revised Code, or any         395          

self-insurance plan.                                                            

      (J)  "Government unit" means the state and any county,       397          

municipal corporation, township, or other political subdivision    398          

of the state, or any department, division, board, or other agency  399          

of the state or a political subdivision.                           400          

      (K)  "Health maintenance organization" means a public or     402          

private organization organized under the law of any state that is  403          

qualified under section 1310(d) of Title XIII of the "Public       404          

Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e--9        405          

300e-9.                                                            406          

      (L)  "Existing health care facility" means a health care     408          

facility that is licensed or otherwise approved to practice in     409          

this state, in accordance with applicable law, is staffed and      410          

equipped to provide health care services, and actively provides    411          

health services or has not been actively providing health          412          

services for less than twelve consecutive months.                  413          

      (M)  "State" means the state of Ohio, including, but not     415          

limited to, the general assembly, the supreme court, the offices   416          

of all elected state officers, and all departments, boards,        417          

offices, commissions, agencies, institutions, and other            418          

instrumentalities of the state of Ohio.  "State" does not include  419          

political subdivisions.                                            420          

      (N)  "Political subdivision" means a municipal corporation,  422          

township, county, school district, and all other bodies corporate  423          

and politic responsible for governmental activities only in        424          

geographic areas smaller than that of the state to which the       425          

sovereign immunity of the state attaches.                          426          

      (O)  "Affected person" means:                                428          

      (1)  An applicant for a certificate of need, including an    430          

applicant whose application was reviewed comparatively with the    431          

                                                          10     

                                                                 
application in question;                                           432          

      (2)  The person that requested the reviewability ruling in   434          

question;                                                                       

      (3)  Any person that resides or regularly uses health care   436          

facilities within the geographic area served or to be served by    437          

the health care services that would be provided under the          438          

certificate of need or reviewability ruling in question;           439          

      (4)  Any health care facility that is located in the health  441          

service area where the health care services would be provided      442          

under the certificate of need or reviewability ruling in           443          

question;                                                                       

      (5)  Third-party payers that reimburse health care           445          

facilities for services in the health service area where the       446          

health care services would be provided under the certificate of    447          

need or reviewability ruling in question;                          448          

      (6)  Any other person who testified at a public hearing      450          

held under division (B) of section 3702.52 of the Revised Code or  451          

submitted written comments in the course of review of the          452          

certificate of need application in question.                       453          

      (P)  "Osteopathic hospital" means a hospital registered      455          

under section 3701.07 of the Revised Code that advocates           456          

osteopathic principles and the practice and perpetuation of        457          

osteopathic medicine by doing any of the following:                458          

      (1)  Maintaining a department or service of osteopathic      460          

medicine or a committee on the utilization of osteopathic          461          

principles and methods, under the supervision of an osteopathic    462          

physician;                                                         463          

      (2)  Maintaining an active medical staff, the majority of    465          

which is comprised of osteopathic physicians;                      466          

      (3)  Maintaining a medical staff executive committee that    468          

has osteopathic physicians as a majority of its members.           469          

      (Q)  "Ambulatory surgical facility" has the same meaning as  471          

in section 3702.30 of the Revised Code.                            472          

      (R)  Except as otherwise provided in division (T) of this    474          

                                                          11     

                                                                 
section, and until the termination date specified in section       475          

3702.511 of the Revised Code, "reviewable activity" means any of   476          

the following:                                                                  

      (1)  The addition by any person of any of the following      479          

health services, regardless of the amount of operating costs or    480          

capital expenditures:                                              481          

      (a)  A heart, heart-lung, lung, liver, kidney, bowel,        483          

pancreas, or bone marrow transplantation service, a stem cell      484          

harvesting and reinfusion service, or a service for                485          

transplantation of any other organ unless transplantation of the   486          

organ is designated by public health council rule not to be a      487          

reviewable activity;                                               488          

      (b)  A cardiac catheterization service;                      490          

      (c)  An open-heart surgery service;                          492          

      (d)  Any new, experimental medical technology that is        495          

designated by rule of the public health council.                                

      (2)  The acceptance of high-risk patients, as defined in     497          

rules adopted under section 3702.57 of the Revised Code, by any    498          

cardiac catheterization service that was initiated without a       499          

certificate of need pursuant to division (R)(3)(b) of the version  501          

of this section in effect immediately prior to April 20, 1995;     503          

      (3)(a)  The establishment, development, or construction of   505          

a new health care facility other than a new long-term care         506          

facility or a new hospital;                                        507          

      (b)  The establishment, development, or construction of a    509          

new hospital or the relocation of an existing hospital;            510          

      (c)  The relocation of hospital beds, other than long-term   512          

care, perinatal, or pediatric intensive care beds, into or out of  513          

a rural area.                                                      514          

      (4)(a)  The replacement of an existing hospital;             516          

      (b)  The replacement of an existing hospital obstetric or    518          

newborn care unit or freestanding birthing center.                 520          

      (5)(a)  The renovation of a hospital that involves a         524          

capital expenditure, obligated on or after the effective date of                

                                                          12     

                                                                 
this amendment, of five million dollars or more, not including     526          

expenditures for equipment, staffing, or operational costs.  For                

purposes of division (R)(5)(a) of this section, a capital          528          

expenditure is obligated:                                                       

      (i)  When a contract enforceable under Ohio law is entered   530          

into for the construction, acquisition, lease, or financing of a   531          

capital asset;                                                     532          

      (ii)  When the governing body of a hospital takes formal     534          

action to commit its own funds for a construction project          535          

undertaken by the hospital as its own contractor;                  536          

      (iii)  In the case of donated property, on the date the      538          

gift is completed under applicable Ohio law.                       539          

      (b)  The renovation of a hospital obstetric or newborn care  541          

unit or freestanding birthing center that involves a capital       543          

expenditure of five million dollars or more, not including         544          

expenditures for equipment, staffing, or operational costs.        545          

      (6)  Any change in the health care services, bed capacity,   547          

or site, or any other failure to conduct the reviewable activity   548          

in substantial accordance with the approved application for which  549          

a certificate of need was granted, if the change is made prior to  550          

the date the activity for which the certificate was issued ceases  551          

to be a reviewable activity;                                       552          

      (7)  Any of the following changes in perinatal bed capacity  554          

or pediatric intensive care bed capacity:                          555          

      (a)  An increase in bed capacity;                            557          

      (b)  A change in service or service-level designation of     560          

newborn care beds or obstetric beds in a hospital or freestanding  561          

birthing center, other than a change of service that is provided                

within the service-level designation of newborn care or obstetric  562          

beds as registered by the department of health;                    563          

      (c)  A relocation of perinatal or pediatric intensive care   566          

beds from one physical facility or site to another, excluding the  567          

relocation of beds within a hospital or freestanding birthing      568          

center or the relocation of beds among buildings of a hospital or  570          

                                                          13     

                                                                 
freestanding birthing center at the same site.                     571          

      (8)  The expenditure of more than one hundred ten per cent   573          

of the maximum expenditure specified in a certificate of need;     574          

      (9)  Any transfer of a certificate of need issued prior to   576          

April 20, 1995, from the person to whom it was issued to another   578          

person before the project that constitutes a reviewable activity   579          

is completed, any agreement that contemplates the transfer of a    580          

certificate of need issued prior to that date upon completion of   582          

the project, and any transfer of the controlling interest in an    583          

entity that holds a certificate of need issued prior to that                    

date.  However, the transfer of a certificate of need issued       584          

prior to that date or agreement to transfer such a certificate of  586          

need from the person to whom the certificate of need was issued    587          

to an affiliated or related person does not constitute a           588          

reviewable transfer of a certificate of need for the purposes of   589          

this division, unless the transfer results in a change in the      590          

person that holds the ultimate controlling interest in the         591          

certificate of need.                                                            

      (10)(a)  The acquisition by any person of any of the         593          

following medical equipment, regardless of the amount of           595          

operating costs or capital expenditure:                                         

      (i)  A cobalt radiation therapy unit;                        597          

      (ii)  A linear accelerator;                                  599          

      (iii)  A gamma knife unit.                                   601          

      (b)  The acquisition by any person of medical equipment      603          

with a cost of two million dollars or more.  The cost of           604          

acquiring medical equipment includes the sum of the following:     605          

      (i)  The greater of its fair market value or the cost of     607          

its lease or purchase;                                             608          

      (ii)  The cost of installation and any other activities      610          

essential to the acquisition of the equipment and its placement    611          

into service.                                                                   

      (11)  The addition of another cardiac catheterization        614          

laboratory to an existing cardiac catheterization service.         615          

                                                          14     

                                                                 
      (S)  Except as provided in division (T) of this section,     618          

"reviewable activity" also means any of the following activities,  620          

none of which are subject to a termination date:                                

      (1)  The establishment, development, or construction of a    622          

new long-term care facility;                                       623          

      (2)  The replacement of an existing long-term care           625          

facility;                                                          626          

      (3)  The renovation of a long-term care facility that        628          

involves a capital expenditure of two million dollars or more,     629          

not including expenditures for equipment, staffing, or             630          

operational costs;                                                 631          

      (4)  Any of the following changes in long-term care bed      633          

capacity:                                                          634          

      (a)  An increase in bed capacity;                            636          

      (b)  A relocation of beds from one physical facility or      639          

site to another, excluding the relocation of beds within a         640          

long-term care facility or among buildings of a long-term care     641          

facility at the same site;                                                      

      (c)  A recategorization of hospital beds registered under    644          

section 3701.07 of the Revised Code from another registration      646          

category to skilled nursing beds or long-term care beds.           647          

      (5)  Any change in the health services, bed capacity, or     649          

site, or any other failure to conduct the reviewable activity in   650          

substantial accordance with the approved application for which a   651          

certificate of need concerning long-term care beds was granted,    652          

if the change is made within five years after the implementation   653          

of the reviewable activity for which the certificate was granted;  655          

      (6)  The expenditure of more than one hundred ten per cent   657          

of the maximum expenditure specified in a certificate of need      658          

concerning long-term care beds;                                    659          

      (7)  Any transfer of a certificate of need that concerns     661          

long-term care beds and was issued prior to April 20, 1995, from   663          

the person to whom it was issued to another person before the      664          

project that constitutes a reviewable activity is completed, any   665          

                                                          15     

                                                                 
agreement that contemplates the transfer of such a certificate of  666          

need upon completion of the project, and any transfer of the       667          

controlling interest in an entity that holds such a certificate    668          

of need.  However, the transfer of a certificate of need that      669          

concerns long-term care beds and was issued prior to April 20,     671          

1995, or agreement to transfer such a certificate of need from     672          

the person to whom the certificate was issued to an affiliated or  673          

related person does not constitute a reviewable transfer of a      674          

certificate of need for purposes of this division, unless the      675          

transfer results in a change in the person that holds the          676          

ultimate controlling interest in the certificate of need.          677          

      (T)  "Reviewable activity" does not include any of the       679          

following activities:                                              680          

      (1)  Acquisition of computer hardware or software;           682          

      (2)  Acquisition of a telephone system;                      684          

      (3)  Construction or acquisition of parking facilities;      686          

      (4)  Correction of cited deficiencies that are in violation  688          

of federal, state, or local fire, building, or safety laws and     689          

rules and that constitute an imminent threat to public health or   690          

safety;                                                            691          

      (5)  Acquisition of an existing health care facility that    693          

does not involve a change in the number of the beds, by service,   694          

or in the number or type of health services;                       695          

      (6)  Correction of cited deficiencies identified by          697          

accreditation surveys of the joint commission on accreditation of  698          

healthcare organizations or of the American osteopathic            699          

association;                                                       700          

      (7)  Acquisition of medical equipment to replace the same    702          

or similar equipment for which a certificate of need has been      703          

issued if the replaced equipment is removed from service;          704          

      (8)  Mergers, consolidations, or other corporate             706          

reorganizations of health care facilities that do not involve a    707          

change in the number of beds, by service, or in the number or      708          

type of health services;                                           709          

                                                          16     

                                                                 
      (9)  Construction, repair, or renovation of bathroom         711          

facilities;                                                        712          

      (10)  Construction of laundry facilities, waste disposal     714          

facilities, dietary department projects, heating and air           715          

conditioning projects, administrative offices, and portions of     716          

medical office buildings used exclusively for physician services;  717          

      (11)  Acquisition of medical equipment to conduct research   719          

required by the United States food and drug administration or      720          

clinical trials sponsored by the national institute of health.     721          

Use of medical equipment that was acquired without a certificate   722          

of need under division (T)(11) of this section and for which       724          

premarket approval has been granted by the United States food and  725          

drug administration to provide services for which patients or      726          

reimbursement entities will be charged shall be a reviewable       727          

activity.                                                          728          

      (12)  Removal of asbestos from a health care facility.       730          

      Only that portion of a project that meets the requirements   732          

of division (T) of this section is not a reviewable activity.      734          

      (U)  "Small rural hospital" means a hospital that is         736          

located within a rural area, has fewer than one hundred beds, and  738          

to which fewer than four thousand persons were admitted during     739          

the most recent calendar year.                                                  

      (V)  "Children's hospital" means any of the following:       741          

      (1)  A hospital registered under section 3701.07 of the      743          

Revised Code that provides general pediatric medical and surgical  744          

care, and in which at least seventy-five per cent of annual        745          

inpatient discharges for the preceding two calendar years were     746          

individuals less than eighteen years of age;                       747          

      (2)  A distinct portion of a hospital registered under       749          

section 3701.07 of the Revised Code that provides general          750          

pediatric medical and surgical care, has a total of at least one   751          

hundred fifty registered pediatric special care and pediatric      752          

acute care beds, and in which at least seventy-five per cent of    753          

annual inpatient discharges for the preceding two calendar years   754          

                                                          17     

                                                                 
were individuals less than eighteen years of age;                  755          

      (3)  A distinct portion of a hospital, if the hospital is    757          

registered under section 3701.07 of the Revised Code as a          758          

children's hospital and the children's hospital meets all the      759          

requirements of division (V)(1) of this section.                   760          

      (W)  "Long-term care facility" means any of the following:   762          

      (1)  A nursing home licensed under section 3721.02 of the    764          

Revised Code or by a political subdivision certified under         765          

section 3721.09 of the Revised Code;                               766          

      (2)  The portion of any facility, including a county home    768          

or county nursing home, that is certified as a skilled nursing     769          

facility or a nursing facility under Title XVIII or XIX of the     770          

"Social Security Act";                                                          

      (3)  The portion of any hospital that contains beds          772          

registered under section 3701.07 of the Revised Code as skilled    773          

nursing beds or long-term care beds.                               774          

      (X)  "Long-term care bed" means a bed in a long-term care    776          

facility.                                                                       

      (Y)  "Perinatal bed" means a bed in a hospital that is       778          

registered under section 3701.07 of the Revised Code as a newborn  779          

care bed or obstetric bed, or a bed in a freestanding birthing     780          

center.                                                                         

      (Z)  "Freestanding birthing center" means any facility in    782          

which deliveries routinely occur, regardless of whether the        784          

facility is located on the campus of another health care                        

facility, and which is not licensed under Chapter 3711. of the     786          

Revised Code as a level one, two, or three maternity unit or a     788          

limited maternity unit.                                                         

      (AA)(1)  "Reviewability ruling" means a ruling issued by     790          

the director of health under division (A) of section 3702.52 of    791          

the Revised Code as to whether a particular proposed project is    792          

or is not a reviewable activity.                                   793          

      (2)  "Nonreviewability ruling" means a ruling issued under   795          

that division that a particular proposed project is not a          796          

                                                          18     

                                                                 
reviewable activity.                                               797          

      (BB)(1)  "Metropolitan statistical area" means an area of    800          

this state designated a metropolitan statistical area or primary   801          

metropolitan statistical area in United States office of           803          

management and budget bulletin No. 93-17, June 30, 1993, and its   805          

attachments.                                                       806          

      (2)  "Rural area" means any area of this state not located   808          

within a metropolitan statistical area.                            809          

      Sec. 3727.01.  As used in this section, "health maintenance  818          

organization" means a public or private organization organized     819          

under the law of any state that is qualified under section         820          

1310(d) of Title XIII of the "Public Health Service Act," 87       821          

Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the        822          

following:                                                         823          

      (A)  Provides or otherwise makes available to enrolled       825          

participants health care services including at least the           826          

following basic health care services:  usual physician services,   827          

hospitalization, laboratory, x-ray, emergency and preventive       828          

service, and out-of-area coverage;                                 829          

      (B)  Is compensated, except for copayments, for the          831          

provision of basic health care services to enrolled participants   832          

by a payment that is paid on a periodic basis without regard to    833          

the date the health care services are provided and that is fixed   834          

without regard to the frequency, extent, or kind of health         835          

service actually provided;                                         836          

      (C)  Provides physician services primarily in either of the  838          

following ways:                                                    839          

      (1)  Directly through physicians who are either employees    841          

or partners of the organization;                                   842          

      (2)  Through arrangements with individual physicians or one  844          

or more groups of physicians organized on a group practice or      845          

individual practice basis.                                         846          

      As used in this chapter, "hospital" means an institution     848          

classified as a hospital under section 3701.07 of the Revised      849          

                                                          19     

                                                                 
Code in which are provided to inpatients diagnostic, medical,      850          

surgical, obstetrical, psychiatric, or rehabilitation care for a   851          

continuous period longer than twenty-four hours; a tuberculosis    852          

hospital; or a hospital operated by a health maintenance           853          

organization.  "Hospital" does not include a facility licensed     854          

under Chapter 3721. of the Revised Code, a health care facility    855          

operated by the department of mental health or the department of   856          

mental retardation and developmental disabilities, a health        857          

maintenance organization that does not operate a hospital, the     858          

office of any private licensed health care professional, whether   859          

organized for individual or group practice, a Christian Science    860          

sanatorium operated or listed and certified by the First Church    861          

of Christ, Scientist, Boston, Massachusetts, or a clinic that      862          

provides ambulatory patient services and where patients are not    863          

regularly admitted as inpatients.  "HOSPITAL" ALSO DOES NOT        864          

INCLUDE AN INSTITUTION FOR THE SICK THAT IS OPERATED EXCLUSIVELY   866          

FOR PATIENTS WHO USE SPIRITUAL MEANS FOR HEALING AND FOR WHOM THE  867          

ACCEPTANCE OF MEDICAL CARE IS INCONSISTENT WITH THEIR RELIGIOUS    868          

BELIEFS, ACCREDITED BY A NATIONAL ACCREDITING ORGANIZATION,                     

EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501 OF THE       869          

INTERNAL REVENUE CODE OF 1986, 100 STAT. 2085, 26 U.S.C.A. 1, AS   871          

AMENDED, AND PROVIDING TWENTY-FOUR HOUR NURSING CARE PURSUANT TO   872          

THE EXEMPTION IN DIVISION (G) OF SECTION 4723.32 OF THE REVISED    873          

CODE FROM THE LICENSING REQUIREMENTS OF CHAPTER 4723. OF THE       874          

REVISED CODE.                                                                   

      Sec. 4723.41.  (A)  Each person who desires to practice      883          

nursing as a certified nurse-midwife and has not been authorized   885          

to practice midwifery prior to December 1, 1967, and each person   886          

who desires to practice nursing as a certified registered nurse    887          

anesthetist, clinical nurse specialist, or certified nurse         888          

practitioner shall file with the board of nursing a written        889          

application for authorization to practice nursing in the desired   890          

specialty, under oath, on a form prescribed by the board.          891          

      At EXCEPT AS PROVIDED IN DIVISIONS (B), (C), AND (D) OF      894          

                                                          20     

                                                                 
THIS SECTION, AT the time of making application, the applicant     895          

shall meet all of the following requirements:                      896          

      (1)  Be a registered nurse;                                  898          

      (2)  Except as provided in divisions (B) and (D) of this     901          

section, submit SUBMIT documentation satisfactory to the board     903          

that the applicant has earned at least a master's degree with a                 

major in a nursing specialty or in a related field that qualifies  904          

the applicant to sit for the certification examination of a        905          

national certifying organization listed in division (A)(3) of      906          

this section or approved by the board under section 4723.46 of     908          

the Revised Code;                                                  909          

      (3)  Except as provided in division (C) of this section,     912          

submit SUBMIT documentation satisfactory to the board of having    913          

passed the certification examination of one of the following:      914          

      (a)  If the applicant is applying to practice nursing as a   916          

certified nurse-midwife, the American college of nurse-midwives    917          

or another national certifying organization approved by the board  918          

under section 4723.46 of the Revised Code to examine and certify   920          

nurse-midwives;                                                                 

      (b)  If the applicant is applying to practice nursing as a   922          

certified registered nurse anesthetist, the national council on    923          

certification of nurse anesthetists of the American association    925          

of nurse anesthetists, the national council on recertification of  926          

nurse anesthetists of the American association of nurse            927          

anesthetists, or another national certifying organization          928          

approved by the board under section 4723.46 of the Revised Code    929          

to examine and certify registered nurse anesthetists;              930          

      (c)  If the applicant is applying to practice nursing as a   932          

clinical nurse specialist, the American nurses credentialing       934          

center or another national certifying organization approved by     935          

the board under section 4723.46 of the Revised Code to examine     936          

and certify clinical nurse specialists;                            937          

      (d)  If the applicant is applying to practice nursing as a   939          

certified nurse practitioner, the American nurses credentialing    940          

                                                          21     

                                                                 
center, the national certification corporation, the national       941          

board of pediatric nurse practitioners and associates, or another  942          

national certifying organization approved by the board under       943          

section 4723.46 of the Revised Code to examine and certify nurse   945          

practitioners.                                                                  

      (4)  Submit an affidavit with the application that states    948          

all of the following:                                                           

      (a)  That the applicant is the person named in the           951          

documents submitted under divisions (A)(2) and (3) of this         953          

section and is the lawful possessor thereof;                                    

      (b)  The applicant's age, residence, the school at which     955          

the applicant obtained education in the applicant's nursing        958          

specialty, and any other facts that the board requires;            960          

      (c)  If the applicant is already engaged in the practice of  963          

nursing as a certified registered nurse anesthetist, clinical      964          

nurse specialist, certified nurse-midwife, or certified nurse      965          

practitioner, the period during which and the place where the      966          

applicant is engaged;                                                           

      (d)  If the applicant is already engaged in the practice of  969          

nursing as a clinical nurse specialist, certified nurse-midwife,                

or certified nurse practitioner, the names and business addresses  970          

of the applicant's current collaborating physicians and            971          

podiatrists.  If the applicant is not yet engaged in the practice  973          

of nursing as a clinical nurse specialist, certified               974          

nurse-midwife, or certified nurse practitioner, the applicant                   

shall submit the names and business addresses of the applicant's   975          

collaborating physicians or podiatrists not later than thirty      976          

days after first engaging in the practice.  The applicant shall    977          

give written notice to the board of any additions or deletions to  978          

the affidavit of collaborating physicians or podiatrists not       979          

later than thirty days after the change takes effect.                           

      (B)  On or before December 31, 2000, the board shall issue   982          

to an applicant a certificate of authority to practice nursing as  983          

a certified registered nurse anesthetist, certified                984          

                                                          22     

                                                                 
nurse-midwife, or certified nurse practitioner if the applicant                 

complies with all requirements of this section, other than the     986          

requirement that the applicant has earned at least a master's      987          

degree with a major in a nursing specialty or in a related field   988          

that qualifies the applicant to sit for the certification          990          

examination of a national certifying organization listed in        991          

division (A)(3) of this section or approved by the board under     992          

section 4723.46 of the Revised Code.                               993          

      (C)  On or before December 31, 2000, the board shall issue   996          

to an applicant a certificate of authority to practice nursing as  997          

a clinical nurse specialist if the applicant ONE OF THE FOLLOWING  998          

APPLIES:                                                                        

      (1)  THE APPLICANT HOLDS A MASTER'S OR HIGHER DEGREE WITH A  1,000        

MAJOR IN A CLINICAL AREA OF NURSING FROM AN EDUCATIONAL            1,001        

INSTITUTION ACCREDITED BY A NATIONAL OR REGIONAL ACCREDITING       1,002        

ORGANIZATION AND complies with all requirements of this section,   1,004        

other than the requirement of having passed a certification        1,005        

examination.                                                                    

      (2)  THE APPLICANT HOLDS A MASTER'S OR HIGHER DEGREE IN      1,007        

NURSING OR A RELATED FIELD AND IS CERTIFIED AS A CLINICAL NURSE    1,010        

SPECIALIST BY THE AMERICAN NURSES CREDENTIALING CENTER OR ANOTHER  1,011        

NATIONAL CERTIFYING ORGANIZATION APPROVED BY THE BOARD UNDER       1,012        

SECTION 4723.46 OF THE REVISED CODE.                                            

      (D)  On or before December 31, 2008, the board shall issue   1,015        

to an applicant a certificate of authority to practice nursing as  1,016        

a certified nurse practitioner if the applicant has successfully   1,017        

completed a nurse practitioner certificate program that receives   1,018        

funding under and is employed by a public agency or a private,     1,019        

nonprofit entity that receives funding under Title X of the        1,021        

"Public Health Service Act," 42 U.S.C. 300 and 300a-1 (1991), and  1,024        

complies with all requirements of this section, other than the     1,025        

requirement that the applicant has earned at least a master's      1,026        

degree with a major in a nursing specialty or in a related field   1,027        

that qualifies the applicant to sit for the certification                       

                                                          23     

                                                                 
examination of a national certifying organization listed in        1,028        

division (A)(3) of this section or approved by the board under     1,030        

section 4723.46 of the Revised Code.                                            

      (E)  A certified registered nurse anesthetist, clinical      1,033        

nurse specialist, certified nurse-midwife, or certified nurse      1,034        

practitioner who is practicing as such in another jurisdiction     1,035        

may apply for a certificate of authority to practice nursing as a  1,036        

certified registered nurse anesthetist, clinical nurse             1,037        

specialist, certified nurse-midwife, or certified nurse            1,038        

practitioner in this state if the nurse meets the requirements                  

for a certificate of authority set forth in this section.  The     1,039        

application shall be submitted to the board in the form            1,041        

prescribed by rules of the board and be accompanied by the         1,042        

application fee required by section 4723.08 of the Revised Code.   1,044        

The application shall include evidence that the applicant meets    1,045        

the requirements of this section, holds a license or certificate   1,046        

to practice nursing as a certified registered nurse anesthetist,   1,047        

clinical nurse specialist, certified nurse-midwife, or certified   1,048        

nurse practitioner in good standing in another jurisdiction        1,050        

granted after meeting requirements approved by the entity of that  1,051        

jurisdiction that licenses nurses, and other information required  1,052        

by rules of the board of nursing.                                  1,053        

      If the applicant is a certified registered nurse             1,055        

anesthetist, certified nurse-midwife, or certified nurse           1,056        

practitioner who, on or before December 31, 2000, met the          1,058        

requirements of this section to practice as such and has           1,059        

maintained certification in the applicant's nursing specialty      1,060        

with a national certifying organization listed in division (A)(3)  1,062        

of section 4723.41 of the Revised Code or approved by the board    1,064        

under section 4723.46 of the Revised Code, division (B) of this    1,068        

section shall apply.                                               1,069        

      If the applicant is a clinical nurse specialist who, on or   1,071        

before December 31, 2000, met the requirements of this section to  1,073        

practice as such and has earned at least a master's degree with a  1,074        

                                                          24     

                                                                 
major in a nursing specialty or in a related field that qualifies  1,076        

the applicant to sit for the certification examination of a        1,078        

national certifying organization listed in division (A)(3) of      1,080        

this section or approved by the board under section 4723.46 of     1,081        

the Revised Code, division (C) of this section shall apply.        1,084        

      Sec. 4751.05.  (A)  The board of examiners of nursing home   1,093        

administrators shall admit to examination for licensure as a       1,094        

nursing home administrator any candidate who:                      1,095        

      (1)  Pays the application fee of fifty dollars;              1,097        

      (2)  Submits evidence of good moral character and            1,099        

suitability;                                                       1,100        

      (3)  Is at least eighteen years of age;                      1,102        

      (4)  Has completed educational requirements and work         1,104        

experience satisfactory to the board;                              1,105        

      (5)  Submits an application on forms prescribed by the       1,107        

board;                                                             1,108        

      (6)  Pays the examination fee of one hundred fifty dollars.  1,110        

      (B)  Nothing in Chapter 4751. of the Revised Code or the     1,112        

rules adopted thereunder shall be construed to require an          1,113        

applicant for licensure or a temporary license, who is certified   1,114        

EMPLOYED by a recognized church or religious denomination which    1,115        

teaches reliance on spiritual means alone for healing and has      1,116        

been approved to administer institutions certified by such church  1,117        

or denomination AN INSTITUTION for the care and treatment of the   1,118        

sick in accordance with its teachings, to demonstrate proficiency  1,120        

in any medical techniques or to meet any medical educational       1,121        

qualifications or medical standards not in accord with the         1,122        

remedial care and treatment provided in such institutions BY THE   1,123        

INSTITUTION IF THE INSTITUTION IS ALL OF THE FOLLOWING:            1,124        

      (1)  OPERATED EXCLUSIVELY FOR PATIENTS WHO USE SPIRITUAL     1,126        

MEANS FOR HEALING AND FOR WHOM THE ACCEPTANCE OF MEDICAL CARE IS   1,127        

INCONSISTENT WITH THEIR RELIGIOUS BELIEFS;                         1,128        

      (2)  ACCREDITED BY A NATIONAL ACCREDITING ORGANIZATION;      1,130        

      (3)  EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501   1,132        

                                                          25     

                                                                 
OF THE INTERNAL REVENUE CODE OF 1986, 100 STAT. 2085, 26 U.S.C.A.  1,134        

1, AS AMENDED;                                                     1,135        

      (4)  PROVIDING TWENTY-FOUR HOUR NURSING CARE PURSUANT TO     1,137        

THE EXEMPTION IN DIVISION (G) OF SECTION 4723.32 OF THE REVISED    1,138        

CODE FROM THE LICENSING REQUIREMENTS OF CHAPTER 4723. OF THE       1,139        

REVISED CODE.                                                                   

      (B)(C)  If a person fails three times to attain a passing    1,141        

grade on the examination, said person, before he THE PERSON may    1,142        

again be admitted to examination, shall meet such additional       1,143        

education or experience requirements, or both, as may be           1,144        

prescribed by the board.                                           1,145        

      Section 2.  That existing sections 3702.30, 3702.51,         1,147        

3727.01, 4723.41, and 4751.05 of the Revised Code are hereby       1,150        

repealed.