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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
      (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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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          

                                                          16     


                                                                 
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