As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 505 5
1999-2000 6
REPRESENTATIVE SCHURING 8
_________________________________________________________________ 9
A B I L L
To amend sections 4761.01, 4761.02, 4761.03, 11
4761.04, 4761.05, 4761.06, 4761.07, 4761.08, 12
4761.09, 4761.10, 4761.11, and 4761.99 and to 13
enact sections 4761.031, 4761.13, 4761.14,
4761.15, and 4761.16 of the Revised Code to 14
revise the laws regarding the powers and duties
of the Ohio Respiratory Care Board. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 4761.01, 4761.02, 4761.03, 19
4761.04, 4761.05, 4761.06, 4761.07, 4761.08, 4761.09, 4761.10, 20
4761.11, and 4761.99 be amended and sections 4761.031, 4761.13, 21
4761.14, 4761.15, and 4761.16 of the Revised Code be enacted to 22
read as follows: 23
Sec. 4761.01. As used in sections 4761.01 to 4761.12 of 32
the Revised Code THIS CHAPTER: 33
(A) "Respiratory care" means rendering or offering to 35
render to individuals, groups, organizations, or the public any 36
service involving the evaluation of cardiopulmonary function, the 37
treatment of cardiopulmonary impairment, the assessment of 38
treatment effectiveness, and the care of patients with 39
deficiencies and abnormalities associated with the 40
cardiopulmonary system, performed upon the prescription and under 41
the supervision of a physician licensed under Chapter 4731. of 42
the Revised Code to practice medicine and surgery or osteopathic 43
medicine and surgery. The practice of respiratory care includes: 44
(1) Obtaining, analyzing, testing, measuring, and 46
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monitoring blood and gas samples in the determination of 47
cardiopulmonary parameters and related physiologic data, 48
including flows, pressures, and volumes, and the use of equipment 49
employed for this purpose; 50
(2) Administering, monitoring, recording the results of, 52
and instructing in the use of medical gases, aerosols, and 53
bronchopulmonary hygiene techniques, including drainage, 54
aspiration, and sampling, and applying, maintaining, and 55
instructing in the use of artificial airways, ventilators, and 56
other life support equipment employed in the treatment of 57
cardiopulmonary impairment and provided in collaboration with 58
other licensed health care professionals responsible for 59
providing care; 60
(3) Performing cardiopulmonary resuscitation and 62
respiratory rehabilitation techniques; 63
(4) Administering medications for the testing or treatment 65
of cardiopulmonary impairment upon the prescription and under the 66
supervision of a physician licensed under Chapter 4731. of the 67
Revised Code to practice medicine and surgery or osteopathic 68
medicine and surgery. 69
(B) "Respiratory care professional" means a person who is 71
licensed under this chapter to practice the full range of 72
respiratory care services as defined in division (A) of this 73
section and who practices respiratory care upon the prescription 74
and under the supervision of a physician licensed. 75
(C) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED under 77
Chapter 4731. of the Revised Code to practice medicine and 78
surgery or osteopathic medicine and surgery. 79
(D) "REGISTERED NURSE" MEANS AN INDIVIDUAL LICENSED UNDER 81
CHAPTER 4723. OF THE REVISED CODE TO ENGAGE IN THE PRACTICE OF 82
NURSING AS A REGISTERED NURSE. 83
Sec. 4761.02. The governor, with the advice and consent of 92
the senate, shall appoint the Ohio respiratory care board, 93
consisting of five residents of this state. Three members of the 94
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board shall be respiratory care professionals who were engaged in 95
or actively associated with the practice of respiratory care in 96
this state for at least five years immediately preceding 97
appointment. One member shall be a physician authorized to 98
practice medicine and surgery or osteopathic medicine and surgery 99
under Chapter 4731. of the Revised Code who has clinical training 100
and experience in the management of pulmonary disease. One 101
member shall represent the public. 102
After the term of a member of the board expires or becomes 104
vacant, the Ohio state medical association may submit to the 105
governor the names of nominees for the board position to be 106
filled by a physician. The board of directors of the Ohio 107
society for respiratory care, inc., may recommend to the governor 108
at least three persons for each BOARD POSITION TO BE FILLED BY A 109
respiratory care professional appointment to board membership. 111
The American lung association of Ohio may submit to the governor 112
the names of nominees for the board position to be filled by a 113
person representing the public. The governor shall consider these 114
nominees in making the appointments. 115
Of the initial appointments, one shall be for a term ending 117
March 14, 1990, two shall be for terms ending March 14, 1991, and 122
two shall be for terms ending March 14, 1992. Thereafter, terms 124
TERMS of office shall be for three years, each term ending on the 125
same day of the same month of the year as did the term which it 126
succeeds. A member shall serve subsequent to the expiration of 127
the member's term until a successor is appointed and qualifies, 128
or until a period of sixty days has elapsed, whichever occurs 129
first. Each member, before entering upon the duties of office, 130
shall subscribe to and file with the secretary of state the oath 131
of office required under Section 7 of Article XV, Ohio 132
Constitution. Vacancies shall be filled in the manner prescribed 133
for the regular appointments to the board and shall be limited to 134
the unexpired terms. Members of the board may be reappointed. 135
Annually, upon the qualification of the member or members 137
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appointed in that year, the Ohio respiratory care board shall 138
organize and shall select from its members a president and 139
secretary. The A majority of the members of the board shall 140
constitute a quorum to transact and vote on the business of the 141
board. The board shall meet as a whole to determine all 142
administrative matters. 143
Each member of the board shall receive an amount fixed 145
pursuant to division (J) of section 124.15 of the Revised Code 146
for each day actually employed in the discharge of the member's 147
duties. In addition, each member shall receive actual and 148
necessary expenses incurred in the performance of the member's 150
official duties. 151
The board shall employ an executive secretary DIRECTOR who 153
shall be in the unclassified service of the state. The executive 155
secretary DIRECTOR shall assist THE BOARD in the administration 157
and enforcement of this chapter and shall employ employees 158
INDIVIDUALS AS THE BOARD CONSIDERS necessary to carry out the 160
board's functions PROVIDE THAT ASSISTANCE.
Sec. 4761.03. The Ohio respiratory care board shall 169
regulate the practice of respiratory care IN THIS STATE AND THE 170
PERSONS TO WHOM THE BOARD ISSUES LICENSES AND TEMPORARY PERMITS 171
under this chapter. Rules adopted under this chapter that deal 172
with the provision of respiratory care in a hospital, other than 173
rules regulating the issuance of licenses or limited permits, 174
shall be consistent with the conditions for participation under 175
MEDICARE, Title XVIII of the "Social Security Act," 49 79 Stat. 177
620 286 (1935 1965), 42 U.S.C. 301 U.S.C.A. 1395, as amended, and 180
with the respiratory care accreditation standards of the joint 181
commission on accreditation of healthcare organizations or the 183
American osteopathic association.
The board shall: 185
(A) Adopt, and may rescind or amend, rules in accordance 187
with Chapter 119. of the Revised Code to carry out the purposes 188
of this chapter, including rules prescribing: 189
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(1) The form and manner for filing applications for 191
licensure and renewal, limited permits, and limited permit 192
extensions under sections 4761.05 and 4761.06 of the Revised 194
Code;
(2) The form, scoring, and scheduling of examinations and 196
reexaminations for licensure and license renewal; 197
(3) Standards for the approval of educational programs 199
required to qualify for licensure and continuing education 200
programs required for license renewal; 201
(4) Continuing education courses and the number of hour 204
requirements necessary for license renewal, in accordance with 205
section 4761.06 of the Revised Code; 206
(5) Procedures for the issuance and renewal of licenses 208
and limited permits; 209
(6) Procedures for the denial, suspension, PERMANENT 211
revocation, refusal to renew, and reinstatement of licenses and 212
limited permits, the conduct of hearings, and the imposition of 214
fines for engaging in conduct that is grounds for such action and 215
hearings under section 4761.09 of the Revised Code.; 216
(7) Standards of ethical conduct for the practice of 218
respiratory care; 219
(8) Conditions under which the license renewal fee and 221
continuing education requirements may be waived at the request of 222
a licensee who is not in active practice; 223
(9) THE RESPIRATORY CARE TASKS THAT MAY BE PERFORMED BY AN 225
INDIVIDUAL PRACTICING AS A POLYSOMNOGRAPHIC TECHNOLOGIST PURSUANT 226
TO DIVISION (A)(3) OF SECTION 4761.10 OF THE REVISED CODE. 227
(B) Determine the sufficiency of an applicant's 229
qualifications for admission to the licensing examination or a 230
reexamination, and for the issuance or renewal of a license or 231
limited permit; 232
(C) Determine the respiratory care educational programs 234
that are acceptable for fulfilling the requirements of division 235
(A) of section 4761.04 of the Revised Code; 236
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(D) Schedule, administer, and score the licensing 238
examination or any reexamination for license renewal or 239
reinstatement. The board shall administer the licensing 240
examinations at least twice a year and notify applicants of the 242
time and place of the examinations. 243
(E) Investigate complaints concerning alleged violations 245
of section 4761.10 of the Revised Code or grounds for the 246
suspension, PERMANENT revocation, or refusal to issue licenses or 247
limited permits under section 2301.373 or 4761.09 of the Revised 249
Code. The board shall employ investigators who shall, under the 250
direction of the executive secretary DIRECTOR of the board, 251
investigate complaints and make inspections and other inquiries 253
as, in the judgment of the board, are appropriate to enforce 254
sections 2301.373, 4761.09, and 4761.10 of the Revised Code. 256
Pursuant to an investigation and inspection, the investigators 257
may review and audit records during normal business hours at the 258
place of business of a licensee or person who is the subject of a 259
complaint filed with the board or at any place where the records 261
are kept. The
EXCEPT WHEN REQUIRED BY COURT ORDER, THE board and its 263
employees shall not disclose confidential information obtained 265
during an investigation, except pursuant to a court order OR 266
IDENTIFYING INFORMATION ABOUT ANY PERSON WHO FILES A COMPLAINT 267
WITH THE BOARD.
The board may hear testimony in matters relating to the 269
duties imposed upon it and issue subpoenas pursuant to an 271
investigation. The president and secretary of the board may 273
administer oaths. 274
(F) Conduct hearings, keep records of its proceedings, and 276
do all such other things as are necessary and proper to carry out 277
and enforce the provisions of this chapter; 278
(G) Maintain, publish, and make available upon request, 280
for a fee not to exceed the actual cost of printing and mailing: 281
(1) The requirements for the issuance of licenses and 283
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limited permits under this chapter and rules adopted by the 284
board;
(2) A current register of every person licensed to 286
practice respiratory care in this state, to include the addresses 287
of the person's last known place of business and residence, the 288
effective date and identification number of the license, the name 289
and location of the institution that granted the person's degree 290
or certificate of completion of respiratory care educational 291
requirements, and the date the degree or certificate was issued; 292
(3) A list of the names and locations of the institutions 294
that each year granted degrees or certificates of completion in 295
respiratory care; 296
(4) After the administration of each examination, a list 298
of persons who passed the examination. 299
(H) Submit to the governor and to the general assembly 301
each year a report of all of its official actions during the 302
preceding year, together with any findings and recommendations 303
with regard to the improvement of the profession of respiratory 304
care. 305
Sec. 4761.031. THE OHIO RESPIRATORY CARE BOARD MAY SHARE 308
ANY INFORMATION IT RECEIVES PURSUANT TO AN INVESTIGATION
CONDUCTED UNDER DIVISION (E) OF SECTION 4761.03 OF THE REVISED 310
CODE, INCLUDING PATIENT RECORDS AND PATIENT RECORD INFORMATION, 312
WITH OTHER LICENSING BOARDS AND GOVERNMENTAL AGENCIES THAT ARE 313
INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT AND WITH LAW
ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL AGENCIES THAT ARE 315
INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES. A BOARD 316
OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH THE
SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH WHICH 317
THE OHIO RESPIRATORY CARE BOARD MUST COMPLY, NOTWITHSTANDING ANY 319
CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE 321
BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS DEALING
WITH OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE 323
ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE 324
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RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE THAT APPROPRIATE 325
MEASURES ARE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED 326
WITH RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES 327
OR OTHER IDENTIFYING INFORMATION ABOUT PERSONS WHOSE 328
CONFIDENTIALITY WAS PROTECTED BY THE OHIO RESPIRATORY CARE BOARD 329
WHEN THE INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO 330
ENSURE CONFIDENTIALITY THAT MAY BE TAKEN BY THE COURT INCLUDE 331
SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS 333
RECORDS.
Sec. 4761.04. (A) Except as provided in division (B) of 342
this section, no person is eligible for licensure as a 343
respiratory care professional unless he THE PERSON has shown, to 345
the satisfaction of the Ohio respiratory care board that, ALL OF 346
THE FOLLOWING:
(1) He THAT THE PERSON is of good moral character; 348
(2) He THAT THE PERSON has successfully completed the 350
requirements of an educational program approved by the board that 353
includes instruction in the biological and physical sciences, 354
pharmacology, respiratory care theory, procedures, and clinical 355
practice, and cardiopulmonary rehabilitation techniques; and 356
(3) He THAT THE PERSON has passed an examination 358
administered by the board that tests the applicant's knowledge of 361
the basic and clinical sciences relating to respiratory care 362
theory and practice, professional skills and judgment in the 363
utilization of respiratory care techniques, and such other 364
subjects as the board considers useful in determining fitness to 365
practice.
(B) The board may waive the requirements of division (A) 367
of this section with respect to any applicant who presents proof 368
of current licensure in another state whose standards for 369
licensure are at least equal to those in effect in this state on 370
the date of application. The board may waive the requirements of 371
divisions (A)(2) and (3) of this section with respect to any 372
applicant who presents proof that he OF HAVING successfully 373
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completed any examination recognized by the board as meeting the 374
requirements of division (A)(3) of this section. 375
Sec. 4761.05. (A) The Ohio respiratory care board shall 384
issue a license to any applicant who complies with the 385
requirements of section 4761.04 of the Revised Code, files the 386
prescribed application form, and pays the fee or fees required 387
under section 4761.07 of the Revised Code. The license entitles 388
the holder to practice respiratory care. The licensee shall 390
display the license in a conspicuous place at the licensee's 391
principal place of business. 392
(B)(1) The board shall issue a limited permit to any 394
applicant who meets the requirements of division (A)(1) of 395
section 4761.04 of the Revised Code, files the prescribed 396
application form, pays the fee required under section 4761.07 of 397
the Revised Code, and meets either of the following requirements: 398
(a) Is enrolled in and is in good standing in a 400
respiratory care educational program approved by the board that 401
meets the requirements of division (A)(2) of section 4761.04 of 402
the Revised Code leading to a degree or certificate of completion 404
or is a graduate of the program;
(b) Is employed as a provider of respiratory care in this 406
state and was employed as a provider of respiratory care in this 407
state prior to March 14, 1989. 409
(2) The limited permit authorizes the holder to provide 412
respiratory care under the supervision of a respiratory care 413
professional. A person issued a limited permit under division 414
(B)(1)(a) of this section may practice respiratory care under the 416
limited permit for not more than the earliest of the following: 418
(a) Three years after the date the limited permit is 420
issued;
(b) One year following the date of receipt of a 422
certificate of completion from a board-approved respiratory care 423
education program;
(c) Until the holder completes or discontinues 425
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participation in the educational program. 426
The board may extend the term of a limited permit in cases 428
of unusual hardship. The holder seeking an extension shall 429
petition the board in the form and manner prescribed by the board 430
in rules adopted under section 4761.03 of the Revised Code. This 431
division does not require a student enrolled in an educational 432
program leading to a degree or certificate of completion in 433
respiratory care approved by the board to obtain a limited permit 435
to perform any duties that are part of the required course of 436
study.
(3) A person issued a limited permit under division 439
(C)(B)(1)(b) of this section may practice under a limited permit 440
for not more than three years, except that this restriction does
not apply to a permit holder who, on March 14, 1989, has been 442
employed as a provider of respiratory care for an average of not 443
less than twenty-five hours per week for a period of not less 444
than five years by a hospital certified or accredited pursuant to 445
section 3727.02 of the Revised Code.
(D)(C) All holders of licenses and limited permits issued 447
under this section shall display, in a conspicuous place on their 448
persons the, information as to THAT IDENTIFIES the type of 450
authorization under which they practice. 451
Sec. 4761.06. (A) Each license to practice respiratory 461
care shall be renewed biennially. Each limited permit to
practice respiratory care shall be renewed annually. Each person 462
holding a license or limited permit to practice respiratory care 463
shall apply to the Ohio respiratory care board on the form and 464
according to the schedule prescribed by the board for renewal of 465
the license or limited permit. Renewal of licenses LICENSES and 466
limited permits shall be RENEWED in accordance with the standard 468
renewal procedure of Chapter 4745. of the Revised Code. The 469
board shall renew the A license upon the payment of the license 470
renewal fee prescribed under section 4761.07 of the Revised Code 471
and proof of satisfactory completion of the continuing education 472
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or reexamination requirements of division (B) of this section. 473
The board shall renew a limited permit upon payment of the 475
limited permit renewal fee prescribed under section 4761.07 of 476
the Revised Code and submission of one of the following: 477
(1) If the limited permit was issued on the basis of 479
division (B)(1)(a) of section 4761.05 of the Revised Code, proof 480
acceptable to the board of enrollment and good standing in an 481
educational program that meets the requirements of division 482
(A)(2)(a) of section 4761.04 of the Revised Code or of graduation 483
from such a program;
(2) If the limited permit was issued on the basis of 485
division (B)(1)(b) of section 4761.05 of the Revised Code, proof 486
acceptable to the board of employment as a provider of 488
respiratory care.
(B) On and after March 14, 1991, and every year 490
thereafter, on or before the annual renewal date, the holder of a 491
limited permit issued under division (B)(1)(b) of section 4761.05 493
of the Revised Code shall submit proof to the board that the 494
holder has satisfactorily completed the number of hours of 495
continuing education required by the board, which shall not be 496
less than three nor more than ten hours of continuing education 497
acceptable to the board. 498
On or before the biennial renewal date, the A license 501
holder shall submit proof to the board that the license holder 502
has satisfactorily completed the number of hours of continuing 504
education required by the board, which shall be not less than six 505
nor more than twenty hours of continuing education acceptable to 507
the board, or has passed a reexamination in accordance with the 508
board's renewal requirements. The board may waive all or part of 509
the continuing education requirement for a license holder who has 510
held the license for less than two years. 511
Sec. 4761.07. (A) The Ohio respiratory care board shall 520
charge any license applicant or holder who is to take an 521
examination required under division (A)(3) of section 4761.04 or 522
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a reexamination required under division (B) of section 4761.06 of 523
the Revised Code for license renewal or under section 4761.09 of 524
the Revised Code for license reinstatement, a nonrefundable 525
examination fee, not to exceed the amount necessary to cover the 526
expense of administering the examination. The license applicant 527
or holder shall pay the fee at the time of application for 529
licensure or renewal.
(B) The board shall establish the following additional 531
nonrefundable fees and penalty: 532
(1) An initial license fee, not to exceed seventy-five 534
dollars; 535
(2) A biennial license renewal fee, not to exceed one 538
hundred dollars; 539
(3) A limited permit fee, not to exceed twenty dollars; 541
(4) A limited permit renewal fee, not to exceed ten 543
dollars; 544
(5) A late renewal penalty, not to exceed fifty per cent 546
of the renewal fee. 547
(C) Notwithstanding division (B)(4) of this section, after 549
the third renewal of a limited permit that meets the exception in 550
division (C)(B)(3) of section 4761.05 of the Revised Code, the 551
limited permit renewal fee shall be one-half the amount of the 553
biennial license renewal fee established under division (B)(2) of 555
this section and section 4761.08 of the Revised Code. 556
(D) The board shall adjust the fees biennially and within 558
the limits established by division (B) of this section to provide 559
sufficient revenues to meet its expenses. 560
(E) The board may, by rule, provide for the waiver of all 562
or part of a license fee when the license is issued less than 563
eighteen months before its expiration date. 564
(F) All fees received by the board shall be deposited into 566
the state treasury to the credit of the occupational licensing 567
and regulatory fund. 568
Sec. 4761.08. The Ohio respiratory care board, subject to 577
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the approval of the controlling board, may establish fees, except 578
fees established at amounts adequate to cover designated 579
expenses, in excess of the amounts provided in sections 4761.01 580
to 4761.11 of the Revised Code THIS CHAPTER. The fees shall not 581
exceed the amounts specified by more than fifty per cent.
Sec. 4761.09. (A) The Ohio respiratory care board may 590
refuse to issue or renew a license or a limited permit, may issue 591
a reprimand, may suspend or PERMANENTLY revoke a license or 592
limited permit, or may place a license or limited permit holder 594
on probation, on any of the following grounds:
(1) Conviction of an offense involving moral turpitude or 596
of a felony; 597
(2) Violating any provision of this chapter or an order or 599
rule of the board; 600
(3) ASSISTING ANOTHER PERSON IN THAT PERSON'S VIOLATION OF 602
ANY PROVISION OF THIS CHAPTER OR AN ORDER OR RULE OF THE BOARD; 603
(4) Obtaining a license or limited permit by means of 605
fraud, false or misleading representation, or concealment of 607
material facts OR MAKING ANY OTHER MATERIAL MISREPRESENTATION TO 608
THE BOARD;
(4)(5) Being guilty of negligence or gross misconduct in 610
the practice of respiratory care; 611
(5)(6) Violating the standards of ethical conduct adopted 613
by the board, in the practice of respiratory care; 614
(6)(7) ENGAGING IN DISHONORABLE, UNETHICAL, OR 616
UNPROFESSIONAL CONDUCT OF A CHARACTER LIKELY TO DECEIVE, DEFRAUD, 618
OR HARM THE PUBLIC;
(8) Using any controlled substance DANGEROUS DRUG, AS 620
DEFINED IN SECTION 4729.01 OF THE REVISED CODE, or alcohol to the 622
extent that THE use impairs the ability to practice respiratory 623
care at an acceptable level of competency; 624
(7)(9) PRACTICING RESPIRATORY CARE WHILE MENTALLY 626
INCOMPETENT; 627
(10) Accepting commissions, rebates, or other forms of 629
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remuneration for patient referrals; 630
(8)(11) Practicing in an area of respiratory care for 632
which the person is clearly untrained or incompetent or 633
practicing without a licensed physician's prescription or 634
supervision;
(9)(12) Employing, directing, or supervising a person who 636
is not authorized to practice respiratory care under this chapter 637
in the performance of respiratory care procedures; 638
(10)(13) Misrepresenting educational attainments or 640
authorized functions for the purpose of obtaining some benefit 642
related to the practice of respiratory care. 643
Before the board may take any action under this section, 645
other than issuance of a summary suspension order under division 648
(C) of this section, the executive secretary DIRECTOR of the 649
board shall prepare and file written charges with the board, 650
which shall conduct a hearing on the charges in accordance with 651
Chapter 119. of the Revised Code. 652
(B) If the board orders a license or limited permit holder 654
placed on probation, the order shall be accompanied by a written 655
statement of the conditions under which the person may be 656
restored to practice. 657
The person may reapply to the board for original issuance 659
of a license after one year following the date the license was 660
denied. 661
A person may apply to the board for the reinstatement of a 663
license or limited permit after one year following the date of 664
suspension, revocation, or refusal to renew. The board may 665
accept or refuse the application for reinstatement and may 666
require that the applicant pass a reexamination as a condition of 667
eligibility for reinstatement. 668
(C) If the president and secretary of the board determine 671
that there is clear and convincing evidence that a license or 672
limited permit holder has committed an act that is grounds for 673
board action under division (A) of this section and that 674
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continued practice by the license or permit holder presents a 675
danger of immediate and serious harm to the public, the president 677
and secretary may recommend that the board suspend the license or 678
limited permit without a prior hearing. The president and 679
secretary shall submit in writing to the board the allegations 680
causing them to recommend the suspension.
On review of the allegations, the board, by a vote of not 682
less than four of its members, may suspend a license or limited 683
permit without a prior hearing. The board may review the 684
allegations and vote on the suspension by a telephone conference 685
call. 686
If the board votes to suspend a license or limited permit 688
under this division, the board shall issue a written order of 689
summary suspension to the license or limited permit holder in 690
accordance with section 119.07 of the Revised Code. If the 693
license or limited permit holder requests a hearing by the board, 694
the board shall conduct the hearing in accordance with Chapter 696
119. of the Revised Code. Notwithstanding section 119.12 of the
Revised Code, a court of common pleas shall not grant a 697
suspension of the board's order of summary suspension pending 699
determination of an appeal filed under that section. 700
Any order of summary suspension issued under this division 702
shall remain in effect until a final adjudication order issued by 704
the board pursuant to division (A) of this section becomes 705
effective. The board shall issue its final adjudication order 706
regarding an order of summary suspension issued under this 707
division not later than sixty days after completion of its 708
hearing. Failure to issue the order within sixty days shall 709
result in immediate dissolution of the suspension order, but 710
shall not invalidate any subsequent, final adjudication order. 711
Sec. 4761.10. (A)(1) No person shall offer or render 720
respiratory care services, or hold himself out as being REPRESENT 721
THAT THE PERSON IS a respiratory care professional, respiratory 723
therapist, respiratory technologist, respiratory care technician, 724
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respiratory practitioner, inhalation therapist, inhalation 725
technologist, or inhalation therapy technician, or as having TO 726
HAVE any similar title or as providing TO PROVIDE these services 728
under a similar description, unless the person holds a license or 730
limited permit issued under this chapter. No partnership, 732
association, or corporation shall advertise or otherwise offer to 733
provide or convey the impression that it is providing respiratory 734
care unless an individual holding a license or limited permit 735
issued under this chapter is employed by or under contract to 736
WITH the partnership, association, or corporation and will be
performing the respiratory care services to which reference is 737
made.
(2) Notwithstanding the provisions of this division (A)(1) 740
OF THIS SECTION, some limited aspects of respiratory care 741
services such as measuring blood pressure and taking blood 742
samples may also be performed in a hospital meeting the operating 743
standards of section 3727.02 of the Revised Code by persons 744
demonstrating current competence in such procedures under the 745
direction of a physician authorized under Chapter 4731. of the 746
Revised Code to practice medicine and surgery or osteopathic 747
medicine and surgery or under the direction of a registered nurse 748
licensed under Chapter 4723. of the Revised Code, so long as such 749
person does not hold himself out as being REPRESENT THAT THE 750
PERSON IS engaged in the practice of respiratory care. The above 753
limited aspects of respiratory care do not include any of the 754
following: the administration of aerosol medication, the 755
maintenance of patients on mechanical ventilators, aspiration, 756
and the application and maintenance of artificial airways. 757
(3) NOTWITHSTANDING THE PROVISIONS OF DIVISION (A)(1) OF 759
THIS SECTION, A POLYSOMNOGRAPHIC TECHNOLOGIST CREDENTIALED BY AN 761
ORGANIZATION THE OHIO RESPIRATORY CARE BOARD RECOGNIZES, A 762
TRAINEE UNDER THE DIRECT SUPERVISION OF A POLYSOMNOGRAPHIC 763
TECHNOLOGIST CREDENTIALED BY AN ORGANIZATION THE BOARD 764
RECOGNIZES, OR AN INDIVIDUAL THE BOARD RECOGNIZES AS BEING 765
17
ELIGIBLE TO BE CREDENTIALED AS A POLYSOMNOGRAPHIC TECHNOLOGIST 766
MAY PERFORM THE RESPIRATORY CARE TASKS SPECIFIED IN RULES ADOPTED 767
UNDER SECTION 4761.03 OF THE REVISED CODE WITHOUT HOLDING A 768
LICENSE OR LIMITED PERMIT ISSUED UNDER THIS CHAPTER IF BOTH OF 770
THE FOLLOWING APPLY:
(a) THE TASKS ARE PERFORMED IN THE DIAGNOSIS AND 773
THERAPEUTIC INTERVENTION OF SLEEP-RELATED BREATHING DISORDERS AND 774
UNDER THE GENERAL SUPERVISION OF A PHYSICIAN. 775
(b) THE PERSON PERFORMING THE TASKS DOES NOT REPRESENT 778
THAT THE PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE. 779
(B) If the OHIO RESPIRATORY CARE board finds that any 781
person, INCLUDING ANY PARTNERSHIP, ASSOCIATION, OR CORPORATION, 783
has engaged or is engaging in any activity or conduct that is 784
prohibited under division (A)(1) of this section or rules of the 785
board, or that is grounds for the denial, suspension, or 786
PERMANENT revocation of a PERSON'S license under section 4761.09 788
of the Revised Code, it may apply to the court of common pleas in 789
the county in which the violation occurred for an order 790
restraining the unlawful activity or conduct, including the 791
person's CONTINUED practice of respiratory care. Upon a showing 793
that the person has violated such law or rule HAS BEEN VIOLATED, 794
or THE PERSON has engaged in conduct constituting such grounds, 795
the court may issue an injunction or other appropriate 797
restraining order.
Sec. 4761.11. (A) Nothing in this chapter shall be 806
construed to prevent or restrict the practice, services, or 807
activities of any person who: 808
(1) Is a physician authorized under Chapter 4731. of the 810
Revised Code to practice medicine and surgery or osteopathic 811
medicine and surgery; is employed in the office of such a 812
physician and who renders medical assistance under the 813
physician's direct supervision but who does not hold himself out 814
as being engaged in the profession of respiratory care; is a 816
registered nurse licensed under Chapter 4723. of the Revised 817
18
Code; or is any other health care professional licensed by this 819
state, practicing within the scope of practice established by the 821
license held, but who does not hold himself out as being WITHOUT 823
REPRESENTING THAT THE PERSON IS engaged in the practice of 825
respiratory care; 826
(2) Is employed as a respiratory care professional by an 828
agency of the United States government and provides respiratory 829
care solely under the direction or control of the employing 830
agency;
(3) Is a student enrolled in a board-approved respiratory 832
care education program leading to a certificate of completion in 833
respiratory care and is performing duties that are part of a 834
supervised course of study; 835
(4) Is a nonresident of this state practicing or offering 837
to practice respiratory care, if the respiratory care services 838
are offered for not more than one hundred twenty calendar days, 839
services are provided under the supervision of a respiratory care 840
professional licensed under this chapter, and the nonresident 841
meets either of the following requirements: 842
(a) Qualifies for licensure under this chapter, except for 844
passage of the examination required under division (A)(3) of 845
section 4761.04 of the Revised Code; 846
(b) Holds a valid license issued by a state that has 848
licensure requirements considered by the board to be comparable 849
to those of this state. 850
(5) Provides respiratory care only to relatives or in 852
medical emergencies; 853
(6)(5) Provides gratuitous care to friends or personal 855
family members; 856
(7)(6) Provides only self care; 858
(8) Holds a current, valid certificate under section 860
4765.30 of the Revised Code as an emergency medical 861
technician-basic, emergency medical technician-intermediate, or 863
emergency medical technician-paramedic; 864
19
(9)(7) IS EMPLOYED IN THE OFFICE OF A PHYSICIAN AND 866
RENDERS MEDICAL ASSISTANCE UNDER THE PHYSICIAN'S DIRECT 867
SUPERVISION, WITHOUT REPRESENTING THAT THE PERSON IS ENGAGED IN 868
THE PRACTICE OF RESPIRATORY CARE;
(8) Is employed in a clinical chemistry or arterial blood 870
gas laboratory and is supervised by a physician authorized under 872
Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery, WITHOUT REPRESENTING 873
THAT THE PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE; 874
(10)(9) Provides limited aspects of respiratory care 876
pursuant to division (A)(2) of section 4761.10 of the Revised 877
Code in a hospital meeting the operating standards of section 878
3727.02 of the Revised Code under the direction of a physician 879
authorized under Chapter 4731. of the Revised Code to practice 880
medicine and surgery or osteopathic medicine and surgery or of a 881
registered nurse licensed under Chapter 4723. of the Revised Code 882
so long as such person does not hold himself out as being, 883
WITHOUT REPRESENTING THAT THE PERSON IS engaged in the practice 885
of respiratory care;
(10) PERFORMS RESPIRATORY CARE TASKS PURSUANT TO DIVISION 887
(A)(3) OF SECTION 4761.10 OF THE REVISED CODE, WITHOUT 889
REPRESENTING THAT THE PERSON IS ENGAGED IN THE PRACTICE OF
RESPIRATORY CARE. 890
(B) Nothing in this chapter shall be construed to prevent 892
any person licensed under Chapter 4723. of the Revised Code, any 893
person authorized under Chapter 4731. of the Revised Code to 894
practice medicine and surgery or osteopathic medicine and 895
surgery, or any association, corporation, or partnership, from 896
advertising, describing, or offering to provide respiratory care, 897
or billing for respiratory care if WHEN the respiratory care 899
services are provided by a person licensed under Chapter 4723. of
the Revised Code and THIS CHAPTER, A PHYSICIAN OR OTHER HEALTH 901
CARE PROFESSIONAL LICENSED BY THIS STATE practicing within the 902
scope of practice established by that THE license HELD, or by a 905
20
person authorized under Chapter 4731. of the Revised Code to 908
practice medicine and surgery or osteopathic medicine and
surgery. Nothing in this chapter shall be construed to prevent a 910
hospital meeting the operating standards of section 3727.02 of 911
the Revised Code from advertising, describing, or offering to 912
provide respiratory care, or billing for respiratory care if the 913
services are rendered by a person licensed under BY this chapter 914
or persons who may TO provide those limited aspects of 916
respiratory care pursuant to division (A) of section 4761.10 of 917
the Revised Code by or under the direction of a physician 918
authorized under Chapter 4731. of the Revised Code to practice 920
medicine and surgery or osteopathic medicine and surgery or by or 921
under the direction of a registered nurse OR RESPIRATORY CARE 922
TASKS WITHOUT BEING licensed under Chapter 4723. of the Revised 923
Code. THIS CHAPTER.
(C) Notwithstanding division (A)(1) of section 4761.10 of 925
the Revised Code, in a life-threatening situation, in the absence 928
of licensed personnel, unlicensed persons shall not be prohibited 929
from taking life-saving measures. 930
(C)(D) Nothing in this chapter shall be construed as 932
authorizing a respiratory care professional to practice medicine 933
and surgery or osteopathic medicine and surgery. 934
Sec. 4761.13. (A) AS USED IN THIS SECTION, "PROSECUTOR" 937
HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 938
(B) THE PROSECUTOR IN ANY CASE AGAINST ANY RESPIRATORY 941
CARE PROFESSIONAL OR AN INDIVIDUAL HOLDING A LIMITED PERMIT
ISSUED UNDER THIS CHAPTER SHALL PROMPTLY NOTIFY THE OHIO 942
RESPIRATORY CARE BOARD OF ANY OF THE FOLLOWING: 943
(1) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 946
OR COURT OF, A FELONY, OR A CASE IN WHICH THE TRIAL COURT ISSUES
AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A 948
FELONY CHARGE; 949
(2) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 952
OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,
21
OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL 954
UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A 955
MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF 956
PRACTICE;
(3) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 959
OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE
IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON 960
TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR 961
INVOLVING MORAL TURPITUDE. 962
(C) THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE 964
RESPIRATORY CARE PROFESSIONAL OR PERSON HOLDING A LIMITED PERMIT, 965
THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS TAKEN, AND THE 967
CERTIFIED COURT DOCUMENTS RECORDING THE ACTION. THE BOARD MAY 968
PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE REPORTS UNDER 969
THIS SECTION. THE FORM MAY BE THE SAME AS THE FORM REQUIRED TO
BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED CODE. 970
Sec. 4761.14. AN EMPLOYER THAT DISCIPLINES OR TERMINATES 972
THE EMPLOYMENT OF A RESPIRATORY CARE PROFESSIONAL OR INDIVIDUAL 973
HOLDING A LIMITED PERMIT ISSUED UNDER THIS CHAPTER BECAUSE OF 974
CONDUCT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER 975
SECTION 4761.09 OF THE REVISED CODE SHALL REPORT THE ACTION TO 977
THE OHIO RESPIRATORY CARE BOARD. THE REPORT SHALL STATE THE NAME 979
OF THE RESPIRATORY CARE PROFESSIONAL OR INDIVIDUAL HOLDING THE
LIMITED PERMIT AND THE REASON THE EMPLOYER TOOK THE ACTION. IF 981
AN EMPLOYER FAILS TO REPORT TO THE BOARD, THE BOARD MAY SEEK AN 983
ORDER FROM A COURT OF COMPETENT JURISDICTION COMPELLING 984
SUBMISSION OF THE REPORT.
Sec. 4761.15. IN THE ABSENCE OF FRAUD OR BAD FAITH, NO 986
PERSON SHALL BE SUBJECT TO ANY CIVIL ACTION OR LIABLE FOR DAMAGES 988
AS A RESULT OF MAKING A REPORT TO THE OHIO RESPIRATORY CARE BOARD 989
OR TESTIFYING IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF 990
THE REVISED CODE WITH REGARD TO ALLEGED MATTERS FOR WHICH 991
DISCIPLINARY ACTION MAY BE TAKEN UNDER SECTION 4761.09 OF THE 992
REVISED CODE OR THE QUALIFICATIONS, FITNESS, OR CHARACTER OF A 993
22
PERSON LICENSED OR HOLDING A LIMITED PERMIT OR APPLYING FOR A 994
LICENSE OR LIMITED PERMIT UNDER THIS CHAPTER. 995
Sec. 4761.16. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 998
OHIO RESPIRATORY CARE BOARD, A CURRENT OR FORMER BOARD MEMBER, AN
AGENT OF THE BOARD, A PERSON FORMALLY ASKED BY THE BOARD TO BE 1,001
THE BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT 1,003
BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, 1,005
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL 1,006
DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY 1,008
OF THOSE PERSONS ASKS TO BE DEFENDED BY THE STATE AGAINST ANY 1,009
CLAIM OR ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, 1,010
CONDUCT, OR DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND 1,011
THE REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL 1,012
AND THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 1,013
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 1,014
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 1,015
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 1,016
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 1,017
DAMAGES.
Sec. 4761.99. Whoever violates division (A)(1) of section 1,027
4761.10 of the Revised Code is guilty of a minor misdemeanor on a 1,029
first offense. On a second offense, the person is guilty of a 1,030
misdemeanor of the fourth degree. On each subsequent offense, 1,031
the person is guilty of a misdemeanor of the first degree. 1,032
Section 2. That existing sections 4761.01, 4761.02, 1,034
4761.03, 4761.04, 4761.05, 4761.06, 4761.07, 4761.08, 4761.09, 1,035
4761.10, 4761.11, and 4761.99 of the Revised Code are hereby 1,036
repealed. 1,037