As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 505 5
1999-2000 6
REPRESENTATIVES SCHURING-VAN VYVEN-OLMAN-SCHULER-VESPER 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 LIMITED 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
(10) PROCEDURES FOR REGISTERING OUT-OF-STATE RESPIRATORY 229
CARE PROVIDERS AUTHORIZED TO PRACTICE IN THIS STATE UNDER 230
DIVISION (A)(4) OF SECTION 4761.11 OF THE REVISED CODE. 232
(B) Determine the sufficiency of an applicant's 234
qualifications for admission to the licensing examination or a 235
reexamination, and for the issuance or renewal of a license or 236
limited permit; 237
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(C) Determine the respiratory care educational programs 239
that are acceptable for fulfilling the requirements of division 240
(A) of section 4761.04 of the Revised Code; 241
(D) Schedule, administer, and score the licensing 243
examination or any reexamination for license renewal or 244
reinstatement. The board shall administer the licensing 245
examinations at least twice a year and notify applicants of the 247
time and place of the examinations. 248
(E) Investigate complaints concerning alleged violations 250
of section 4761.10 of the Revised Code or grounds for the 251
suspension, PERMANENT revocation, or refusal to issue licenses or 252
limited permits under section 2301.373 or 4761.09 of the Revised 254
Code. The board shall employ investigators who shall, under the 255
direction of the executive secretary DIRECTOR of the board, 256
investigate complaints and make inspections and other inquiries 258
as, in the judgment of the board, are appropriate to enforce 259
sections 2301.373, 4761.09, and 4761.10 of the Revised Code. 261
Pursuant to an investigation and inspection, the investigators 262
may review and audit records during normal business hours at the 263
place of business of a licensee or person who is the subject of a 264
complaint filed with the board or at any place where the records 266
are kept. The
EXCEPT WHEN REQUIRED BY COURT ORDER, THE board and its 268
employees shall not disclose confidential information obtained 270
during an investigation, except pursuant to a court order OR 271
IDENTIFYING INFORMATION ABOUT ANY PERSON WHO FILES A COMPLAINT 272
WITH THE BOARD.
The board may hear testimony in matters relating to the 274
duties imposed upon it and issue subpoenas pursuant to an 276
investigation. The president and secretary of the board may 278
administer oaths. 279
(F) Conduct hearings, keep records of its proceedings, and 281
do all such other things as are necessary and proper to carry out 282
and enforce the provisions of this chapter; 283
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(G) Maintain, publish, and make available upon request, 285
for a fee not to exceed the actual cost of printing and mailing: 286
(1) The requirements for the issuance of licenses and 288
limited permits under this chapter and rules adopted by the 289
board;
(2) A current register of every person licensed to 291
practice respiratory care in this state, to include the addresses 292
of the person's last known place of business and residence, the 293
effective date and identification number of the license, the name 294
and location of the institution that granted the person's degree 295
or certificate of completion of respiratory care educational 296
requirements, and the date the degree or certificate was issued; 297
(3) A list of the names and locations of the institutions 299
that each year granted degrees or certificates of completion in 300
respiratory care; 301
(4) After the administration of each examination, a list 303
of persons who passed the examination. 304
(H) Submit to the governor and to the general assembly 306
each year a report of all of its official actions during the 307
preceding year, together with any findings and recommendations 308
with regard to the improvement of the profession of respiratory 309
care. 310
Sec. 4761.031. THE OHIO RESPIRATORY CARE BOARD MAY SHARE 313
ANY INFORMATION IT RECEIVES PURSUANT TO AN INVESTIGATION
CONDUCTED UNDER DIVISION (E) OF SECTION 4761.03 OF THE REVISED 315
CODE, INCLUDING PATIENT RECORDS AND PATIENT RECORD INFORMATION, 317
WITH OTHER LICENSING BOARDS AND GOVERNMENTAL AGENCIES THAT ARE 318
INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT AND WITH LAW
ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL AGENCIES THAT ARE 320
INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES. A BOARD 321
OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH THE
SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH WHICH 322
THE OHIO RESPIRATORY CARE BOARD MUST COMPLY, NOTWITHSTANDING ANY 324
CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE 326
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BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS DEALING
WITH OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE 328
ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE 329
RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE THAT APPROPRIATE 330
MEASURES ARE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED 331
WITH RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES 332
OR OTHER IDENTIFYING INFORMATION ABOUT PERSONS WHOSE 333
CONFIDENTIALITY WAS PROTECTED BY THE OHIO RESPIRATORY CARE BOARD 334
WHEN THE INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO 335
ENSURE CONFIDENTIALITY THAT MAY BE TAKEN BY THE COURT INCLUDE 336
SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS 338
RECORDS.
Sec. 4761.04. (A) Except as provided in division (B) of 347
this section, no person is eligible for licensure as a 348
respiratory care professional unless he THE PERSON has shown, to 350
the satisfaction of the Ohio respiratory care board that, ALL OF 351
THE FOLLOWING:
(1) He THAT THE PERSON is of good moral character; 353
(2) He THAT THE PERSON has successfully completed the 355
requirements of an educational program approved by the board that 358
includes instruction in the biological and physical sciences, 359
pharmacology, respiratory care theory, procedures, and clinical 360
practice, and cardiopulmonary rehabilitation techniques; and 361
(3) He THAT THE PERSON has passed an examination 363
administered by the board that tests the applicant's knowledge of 366
the basic and clinical sciences relating to respiratory care 367
theory and practice, professional skills and judgment in the 368
utilization of respiratory care techniques, and such other 369
subjects as the board considers useful in determining fitness to 370
practice.
(B) The board may waive the requirements of division (A) 372
of this section with respect to any applicant who presents proof 373
of current licensure in another state whose standards for 374
licensure are at least equal to those in effect in this state on 375
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the date of application. The board may waive the requirements of 376
divisions (A)(2) and (3) of this section with respect to any 377
applicant who presents proof that he OF HAVING successfully 378
completed any examination recognized by the board as meeting the 379
requirements of division (A)(3) of this section. 380
Sec. 4761.05. (A) The Ohio respiratory care board shall 389
issue a license to any applicant who complies with the 390
requirements of section 4761.04 of the Revised Code, files the 391
prescribed application form, and pays the fee or fees required 392
under section 4761.07 of the Revised Code. The license entitles 393
the holder to practice respiratory care. The licensee shall 395
display the license in a conspicuous place at the licensee's 396
principal place of business. 397
(B)(1) The board shall issue a limited permit to any 399
applicant who meets the requirements of division (A)(1) of 400
section 4761.04 of the Revised Code, files the prescribed 401
application form, pays the fee required under section 4761.07 of 402
the Revised Code, and meets either of the following requirements: 403
(a) Is enrolled in and is in good standing in a 405
respiratory care educational program approved by the board that 406
meets the requirements of division (A)(2) of section 4761.04 of 407
the Revised Code leading to a degree or certificate of completion 409
or is a graduate of the program;
(b) Is employed as a provider of respiratory care in this 411
state and was employed as a provider of respiratory care in this 412
state prior to March 14, 1989. 414
(2) The limited permit authorizes the holder to provide 417
respiratory care under the supervision of a respiratory care 418
professional. A person issued a limited permit under division 419
(B)(1)(a) of this section may practice respiratory care under the 421
limited permit for not more than the earliest of the following: 423
(a) Three years after the date the limited permit is 425
issued;
(b) One year following the date of receipt of a 427
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certificate of completion from a board-approved respiratory care 428
education program;
(c) Until the holder completes or discontinues 430
participation in the educational program. 431
The board may extend the term of a limited permit in cases 433
of unusual hardship. The holder seeking an extension shall 434
petition the board in the form and manner prescribed by the board 435
in rules adopted under section 4761.03 of the Revised Code. This 436
division does not require a student enrolled in an educational 437
program leading to a degree or certificate of completion in 438
respiratory care approved by the board to obtain a limited permit 440
to perform any duties that are part of the required course of 441
study.
(3) A person issued a limited permit under division 444
(C)(B)(1)(b) of this section may practice under a limited permit 445
for not more than three years, except that this restriction does
not apply to a permit holder who, on March 14, 1989, has been 447
employed as a provider of respiratory care for an average of not 448
less than twenty-five hours per week for a period of not less 449
than five years by a hospital certified or accredited pursuant to 450
section 3727.02 of the Revised Code.
(D)(C) All holders of licenses and limited permits issued 452
under this section shall display, in a conspicuous place on their 453
persons the, information as to THAT IDENTIFIES the type of 455
authorization under which they practice. 456
Sec. 4761.06. (A) Each license to practice respiratory 466
care shall be renewed biennially. Each limited permit to
practice respiratory care shall be renewed annually. Each person 467
holding a license or limited permit to practice respiratory care 468
shall apply to the Ohio respiratory care board on the form and 469
according to the schedule prescribed by the board for renewal of 470
the license or limited permit. Renewal of licenses LICENSES and 471
limited permits shall be RENEWED in accordance with the standard 473
renewal procedure of Chapter 4745. of the Revised Code. The 474
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board shall renew the A license upon the payment of the license 475
renewal fee prescribed under section 4761.07 of the Revised Code 476
and proof of satisfactory completion of the continuing education 477
or reexamination requirements of division (B) of this section. 478
The board shall renew a limited permit upon payment of the 480
limited permit renewal fee prescribed under section 4761.07 of 481
the Revised Code and submission of one of the following: 482
(1) If the limited permit was issued on the basis of 484
division (B)(1)(a) of section 4761.05 of the Revised Code, proof 485
acceptable to the board of enrollment and good standing in an 486
educational program that meets the requirements of division 487
(A)(2)(a) of section 4761.04 of the Revised Code or of graduation 488
from such a program;
(2) If the limited permit was issued on the basis of 490
division (B)(1)(b) of section 4761.05 of the Revised Code, proof 491
acceptable to the board of employment as a provider of 493
respiratory care.
(B) On and after March 14, 1991, and every year 495
thereafter, on or before the annual renewal date, the holder of a 496
limited permit issued under division (B)(1)(b) of section 4761.05 498
of the Revised Code shall submit proof to the board that the 499
holder has satisfactorily completed the number of hours of 500
continuing education required by the board, which shall not be 501
less than three nor more than ten hours of continuing education 502
acceptable to the board. 503
On or before the biennial renewal date, the A license 506
holder shall submit proof to the board that the license holder 507
has satisfactorily completed the number of hours of continuing 509
education required by the board, which shall be not less than six 510
nor more than twenty hours of continuing education acceptable to 512
the board, or has passed a reexamination in accordance with the 513
board's renewal requirements. The board may waive all or part of 514
the continuing education requirement for a license holder who has 515
held the license for less than two years. 516
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Sec. 4761.07. (A) The Ohio respiratory care board shall 525
charge any license applicant or holder who is to take an 526
examination required under division (A)(3) of section 4761.04 or 527
a reexamination required under division (B) of section 4761.06 of 528
the Revised Code for license renewal or under section 4761.09 of 529
the Revised Code for license reinstatement, a nonrefundable 530
examination fee, not to exceed the amount necessary to cover the 531
expense of administering the examination. The license applicant 532
or holder shall pay the fee at the time of application for 534
licensure or renewal.
(B) The board shall establish the following additional 536
nonrefundable fees and penalty: 537
(1) An initial license fee, not to exceed seventy-five 539
dollars; 540
(2) A biennial license renewal fee, not to exceed one 543
hundred dollars; 544
(3) A limited permit fee, not to exceed twenty dollars; 546
(4) A limited permit renewal fee, not to exceed ten 548
dollars; 549
(5) A late renewal penalty, not to exceed fifty per cent 551
of the renewal fee. 552
(C) Notwithstanding division (B)(4) of this section, after 554
the third renewal of a limited permit that meets the exception in 555
division (C)(B)(3) of section 4761.05 of the Revised Code, the 556
limited permit renewal fee shall be one-half the amount of the 558
biennial license renewal fee established under division (B)(2) of 560
this section and section 4761.08 of the Revised Code. 561
(D) The board shall adjust the fees biennially and within 563
the limits established by division (B) of this section to provide 564
sufficient revenues to meet its expenses. 565
(E) The board may, by rule, provide for the waiver of all 567
or part of a license fee when the license is issued less than 568
eighteen months before its expiration date. 569
(F) All fees received by the board shall be deposited into 571
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the state treasury to the credit of the occupational licensing 572
and regulatory fund. 573
Sec. 4761.08. The Ohio respiratory care board, subject to 582
the approval of the controlling board, may establish fees, except 583
fees established at amounts adequate to cover designated 584
expenses, in excess of the amounts provided in sections 4761.01 585
to 4761.11 of the Revised Code THIS CHAPTER. The fees shall not 586
exceed the amounts specified by more than fifty per cent.
Sec. 4761.09. (A) The Ohio respiratory care board may 595
refuse to issue or renew a license or a limited permit, may issue 596
a reprimand, may suspend or PERMANENTLY revoke a license or 597
limited permit, or may place a license or limited permit holder 599
on probation, on any of the following grounds:
(1) Conviction of A PLEA OF GUILTY TO, A JUDICIAL FINDING 602
OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR 603
INTERVENTION IN LIEU OF CONVICTION FOR an offense involving moral 604
turpitude or of a felony, IN WHICH CASE A CERTIFIED COPY OF THE 606
COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;
(2) Violating any provision of this chapter or an order or 608
rule of the board; 609
(3) ASSISTING ANOTHER PERSON IN THAT PERSON'S VIOLATION OF 611
ANY PROVISION OF THIS CHAPTER OR AN ORDER OR RULE OF THE BOARD; 612
(4) Obtaining a license or limited permit by means of 614
fraud, false or misleading representation, or concealment of 616
material facts OR MAKING ANY OTHER MATERIAL MISREPRESENTATION TO 617
THE BOARD;
(4)(5) Being guilty of negligence or gross misconduct in 619
the practice of respiratory care; 620
(5)(6) Violating the standards of ethical conduct adopted 622
by the board, in the practice of respiratory care; 623
(6)(7) ENGAGING IN DISHONORABLE, UNETHICAL, OR 625
UNPROFESSIONAL CONDUCT OF A CHARACTER LIKELY TO DECEIVE, DEFRAUD, 627
OR HARM THE PUBLIC;
(8) Using any controlled substance DANGEROUS DRUG, AS 629
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DEFINED IN SECTION 4729.01 OF THE REVISED CODE, or alcohol to the 631
extent that THE use impairs the ability to practice respiratory 632
care at an acceptable level of competency; 633
(7)(9) PRACTICING RESPIRATORY CARE WHILE MENTALLY 635
INCOMPETENT; 636
(10) Accepting commissions, rebates, or other forms of 638
remuneration for patient referrals; 639
(8)(11) Practicing in an area of respiratory care for 641
which the person is clearly untrained or incompetent or 642
practicing without a licensed physician's prescription or 643
supervision;
(9)(12) Employing, directing, or supervising a person who 645
is not authorized to practice respiratory care under this chapter 646
in the performance of respiratory care procedures; 647
(10)(13) Misrepresenting educational attainments or 649
authorized functions for the purpose of obtaining some benefit 651
related to the practice of respiratory care. 652
Before the board may take any action under this section, 654
other than issuance of a summary suspension order under division 657
(C) of this section, the executive secretary DIRECTOR of the 658
board shall prepare and file written charges with the board, 659
which shall conduct a hearing on the charges in accordance with. 660
DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER THIS SECTION SHALL 662
BE TAKEN PURSUANT TO AN ADJUDICATION UNDER Chapter 119. of the 663
Revised Code, EXCEPT THAT IN LIEU OF AN ADJUDICATION, THE BOARD 665
MAY ENTER INTO A CONSENT AGREEMENT TO RESOLVE AN ALLEGATION OF A 666
VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A 667
CONSENT AGREEMENT, WHEN RATIFIED BY THE BOARD, SHALL CONSTITUTE 668
THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 669
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 670
CONSENT AGREEMENT, THE ADMISSIONS AND FINIDNGS CONTAINED IN THE 671
CONSENT AGREEMENT SHALL BE OF NO EFFECT.
(B) If the board orders a license or limited permit holder 673
placed on probation, the order shall be accompanied by a written 674
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statement of the conditions under which the person may be 675
restored to practice. 676
The person may reapply to the board for original issuance 678
of a license after one year following the date the license was 679
denied. 680
A person may apply to the board for the reinstatement of a 682
license or limited permit after one year following the date of 683
suspension, revocation, or refusal to renew. The board may 684
accept or refuse the application for reinstatement and may 685
require that the applicant pass a reexamination as a condition of 686
eligibility for reinstatement. 687
(C) If the president and secretary of the board determine 690
that there is clear and convincing evidence that a license or 691
limited permit holder has committed an act that is grounds for 692
board action under division (A) of this section and that 693
continued practice by the license or permit holder presents a 694
danger of immediate and serious harm to the public, the president 696
and secretary may recommend that the board suspend the license or 697
limited permit without a prior hearing. The president and 698
secretary shall submit in writing to the board the allegations 699
causing them to recommend the suspension.
On review of the allegations, the board, by a vote of not 701
less than four of its members, may suspend a license or limited 702
permit without a prior hearing. The board may review the 703
allegations and vote on the suspension by a telephone conference 704
call. 705
If the board votes to suspend a license or limited permit 707
under this division, the board shall issue a written order of 708
summary suspension to the license or limited permit holder in 709
accordance with section 119.07 of the Revised Code. If the 712
license or limited permit holder requests a hearing by the board, 713
the board shall conduct the hearing in accordance with Chapter 715
119. of the Revised Code. Notwithstanding section 119.12 of the
Revised Code, a court of common pleas shall not grant a 716
16
suspension of the board's order of summary suspension pending 718
determination of an appeal filed under that section. 719
Any order of summary suspension issued under this division 721
shall remain in effect until a final adjudication order issued by 723
the board pursuant to division (A) of this section becomes 724
effective. The board shall issue its final adjudication order 725
regarding an order of summary suspension issued under this 726
division not later than sixty days after completion of its 727
hearing. Failure to issue the order within sixty days shall 728
result in immediate dissolution of the suspension order, but 729
shall not invalidate any subsequent, final adjudication order. 730
Sec. 4761.10. (A)(1) No person shall offer or render 739
respiratory care services, or hold himself out as being REPRESENT 740
THAT THE PERSON IS a respiratory care professional, respiratory 742
therapist, respiratory technologist, respiratory care technician, 743
respiratory practitioner, inhalation therapist, inhalation 744
technologist, or inhalation therapy technician, or as having TO 745
HAVE any similar title or as providing TO PROVIDE these services 747
under a similar description, unless the person holds a license or 749
limited permit issued under this chapter. No partnership, 751
association, or corporation shall advertise or otherwise offer to 752
provide or convey the impression that it is providing respiratory 753
care unless an individual holding a license or limited permit 754
issued under this chapter is employed by or under contract to 755
WITH the partnership, association, or corporation and will be
performing the respiratory care services to which reference is 756
made.
(2) Notwithstanding the provisions of this division (A)(1) 759
OF THIS SECTION, some limited aspects of respiratory care 760
services such as measuring blood pressure and taking blood 761
samples may also be performed in a hospital meeting the operating 762
standards of section 3727.02 of the Revised Code by persons 763
demonstrating current competence in such procedures under the 764
direction of a physician authorized under Chapter 4731. of the 765
17
Revised Code to practice medicine and surgery or osteopathic 766
medicine and surgery or under the direction of a registered nurse 767
licensed under Chapter 4723. of the Revised Code, so long as such 768
person does not hold himself out as being REPRESENT THAT THE 769
PERSON IS engaged in the practice of respiratory care. The above 772
limited aspects of respiratory care do not include any of the 773
following: the administration of aerosol medication, the 774
maintenance of patients on mechanical ventilators, aspiration, 775
and the application and maintenance of artificial airways. 776
(3) NOTWITHSTANDING THE PROVISIONS OF DIVISION (A)(1) OF 778
THIS SECTION, A POLYSOMNOGRAPHIC TECHNOLOGIST CREDENTIALED BY AN 780
ORGANIZATION THE OHIO RESPIRATORY CARE BOARD RECOGNIZES, A 781
TRAINEE UNDER THE DIRECT SUPERVISION OF A POLYSOMNOGRAPHIC 782
TECHNOLOGIST CREDENTIALED BY AN ORGANIZATION THE BOARD 783
RECOGNIZES, OR AN INDIVIDUAL THE BOARD RECOGNIZES AS BEING 784
ELIGIBLE TO BE CREDENTIALED AS A POLYSOMNOGRAPHIC TECHNOLOGIST 785
MAY PERFORM THE RESPIRATORY CARE TASKS SPECIFIED IN RULES ADOPTED 786
UNDER SECTION 4761.03 OF THE REVISED CODE WITHOUT HOLDING A 787
LICENSE OR LIMITED PERMIT ISSUED UNDER THIS CHAPTER IF BOTH OF 789
THE FOLLOWING APPLY:
(a) THE TASKS ARE PERFORMED IN THE DIAGNOSIS AND 792
THERAPEUTIC INTERVENTION OF SLEEP-RELATED BREATHING DISORDERS AND 793
UNDER THE GENERAL SUPERVISION OF A PHYSICIAN. 794
(b) THE PERSON PERFORMING THE TASKS DOES NOT REPRESENT 797
THAT THE PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE. 798
(B) If the OHIO RESPIRATORY CARE board finds that any 800
person, INCLUDING ANY PARTNERSHIP, ASSOCIATION, OR CORPORATION, 802
has engaged or is engaging in any activity or conduct that is 803
prohibited under division (A)(1) of this section or rules of the 804
board, or that is grounds for the denial, suspension, or 805
PERMANENT revocation of a PERSON'S license under section 4761.09 807
of the Revised Code, it may apply to the court of common pleas in 808
the county in which the violation occurred for an order 809
restraining the unlawful activity or conduct, including the 810
18
person's CONTINUED practice of respiratory care. Upon a showing 812
that the person has violated such law or rule HAS BEEN VIOLATED, 813
or THE PERSON has engaged in conduct constituting such grounds, 814
the court may issue an injunction or other appropriate 816
restraining order.
Sec. 4761.11. (A) Nothing in this chapter shall be 825
construed to prevent or restrict the practice, services, or 826
activities of any person who: 827
(1) Is a physician authorized under Chapter 4731. of the 829
Revised Code to practice medicine and surgery or osteopathic 830
medicine and surgery; is employed in the office of such a 831
physician and who renders medical assistance under the 832
physician's direct supervision but who does not hold himself out 833
as being engaged in the profession of respiratory care; is a 835
registered nurse licensed under Chapter 4723. of the Revised 836
Code; or is any other health care professional licensed by this 838
state, practicing within the scope of practice established by the 840
license held, but who does not hold himself out as being UNLESS 842
THE PERSON IS REPRESENTING THAT THE PERSON IS engaged in the 843
practice of respiratory care; 845
(2) Is employed as a respiratory care professional by an 847
agency of the United States government and provides respiratory 848
care solely under the direction or control of the employing 849
agency;
(3) Is a student enrolled in a board-approved respiratory 851
care education program leading to a certificate of completion in 852
respiratory care and is performing duties that are part of a 853
supervised course of study; 854
(4) Is a nonresident of this state practicing or offering 856
to practice respiratory care, if the respiratory care services 857
are offered for not more than one hundred twenty calendar THIRTY 858
days IN A YEAR, services are provided under the supervision of a 860
respiratory care professional licensed under this chapter, and 861
the nonresident REGISTERS WITH THE BOARD IN ACCORDANCE WITH RULES 862
19
ADOPTED BY THE BOARD UNDER SECTION 4761.03 OF THE REVISED CODE 863
AND meets either of the following requirements: 864
(a) Qualifies for licensure under this chapter, except for 866
passage of the examination required under division (A)(3) of 867
section 4761.04 of the Revised Code; 868
(b) Holds a valid license issued by a state that has 870
licensure requirements considered by the board to be comparable 871
to those of this state AND HAS NOT BEEN ISSUED A LICENSE IN 873
ANOTHER STATE THAT HAS BEEN REVOKED OR IS CURRENTLY UNDER 874
SUSPENSION OR ON PROBATION.
(5) Provides respiratory care only to relatives or in 876
medical emergencies; 877
(6) Provides gratuitous care to friends or personal family 879
members; 880
(7) Provides only self care; 882
(8) Holds a current, valid certificate under section 884
4765.30 of the Revised Code as an emergency medical 885
technician-basic, emergency medical technician-intermediate, or 887
emergency medical technician-paramedic IS EMPLOYED IN THE OFFICE 889
OF THE PHYSICIAN AND RENDERS MEDICAL ASSISTANCE UNDER THE 890
PHYSICIAN'S DIRECT SUPERVISION, WITHOUT REPRESENTING THAT THE 892
PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE; 893
(9) Is employed in a clinical chemistry or arterial blood 895
gas laboratory and is supervised by a physician authorized under 897
Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery WITHOUT REPRESENTING 898
THAT THE PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE; 899
(10) Provides limited aspects of respiratory care pursuant 901
to division (A)(2) of section 4761.10 of the Revised Code in a 902
hospital meeting the operating standards of section 3727.02 of 903
the Revised Code under the direction of a physician authorized 905
under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery or of a registered 906
nurse licensed under Chapter 4723. of the Revised Code so long as 907
20
such person does not hold himself out as being WITHOUT 908
REPRESENTING THAT THE PERSON IS engaged in the practice of 910
respiratory care;
(11) PERFORMS RESPIRATORY CARE TASKS PURSUANT TO DIVISION 912
(A)(3) OF SECTION 4761.10 OF THE REVISED CODE WITHOUT 914
REPRESENTING THAT THE PERSON IS ENGAGED IN THE PRACTICE OF
RESPIRATORY CARE; 915
(12) IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE AS AN 917
EMPLOYEE OF A PERSON OR GOVERNMENTAL ENTITY LOCATED IN ANOTHER 918
STATE AND PROVIDES RESPIRATORY CARE SERVICES FOR LESS THAN 919
SEVENTY-TWO HOURS TO PATIENTS BEING TRANSPORTED INTO, OUT OF, OR 920
THROUGH THIS STATE.
(B) Nothing in this chapter shall be construed to prevent 922
any person licensed under Chapter 4723. of the Revised Code, any 923
person authorized under Chapter 4731. of the Revised Code to 924
practice medicine and surgery or osteopathic medicine and 925
surgery, or any association, corporation, or partnership, from 926
advertising, describing, or offering to provide respiratory care, 927
or billing for respiratory care if WHEN the respiratory care 929
services are provided by a person licensed under Chapter 4723. of
the Revised Code and PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL 931
LICENSED BY THIS STATE practicing within the scope of practice 932
established by that THE license or by a person authorized under 936
Chapter 4731. of the Revised Code to practice medicine and 938
surgery or osteopathic medicine and surgery HELD. Nothing in 939
this chapter shall be construed to prevent a hospital meeting the 940
operating standards of section 3727.02 of the Revised Code from 941
advertising, describing, or offering to provide respiratory care, 942
or billing for respiratory care if the services are rendered by a 943
person licensed under this chapter or persons who may provide 945
those limited aspects of respiratory care OR RESPIRATORY CARE 946
TASKS pursuant to division DIVISIONS (A)(2) AND (3) of section 949
4761.10 of the Revised Code by or under the direction of a 950
physician authorized under Chapter 4731. of the Revised Code to 952
21
practice medicine and surgery or osteopathic medicine and surgery 953
or by or under the direction of a registered nurse WITHOUT BEING 954
licensed under Chapter 4723. of the Revised Code THIS CHAPTER. 955
(C) Notwithstanding division (A)(1) of section 4761.10 of 957
the Revised Code, in a life-threatening situation, in the absence 960
of licensed personnel, unlicensed persons shall not be prohibited 961
from taking life-saving measures. 962
(C)(D) Nothing in this chapter shall be construed as 964
authorizing a respiratory care professional to practice medicine 965
and surgery or osteopathic medicine and surgery. THIS DIVISION 967
DOES NOT PROHIBIT A RESPIRATORY CARE PROFESSIONAL FROM 968
ADMINISTERING TOPICAL OR INTRADERMAL MEDICATIONS FOR THE PURPOSE 969
OF PRODUCING LOCALIZED DECREASED SENSATION AS PART OF A PROCEDURE 970
OR TASK THAT IS WITHIN THE SCOPE OF PRACTICE OF A RESPIRATORY 971
CARE PROFESSIONAL. 972
Sec. 4761.13. (A) AS USED IN THIS SECTION, "PROSECUTOR" 975
HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 976
(B) THE PROSECUTOR IN ANY CASE AGAINST ANY RESPIRATORY 979
CARE PROFESSIONAL OR AN INDIVIDUAL HOLDING A LIMITED PERMIT
ISSUED UNDER THIS CHAPTER SHALL PROMPTLY NOTIFY THE OHIO 980
RESPIRATORY CARE BOARD OF ANY OF THE FOLLOWING: 981
(1) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 984
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 986
FELONY CHARGE; 987
(2) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 990
OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,
OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL 992
UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A 993
MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF 994
PRACTICE;
(3) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 997
OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE
IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON 998
22
TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR 999
INVOLVING MORAL TURPITUDE. 1,000
(C) THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE 1,002
RESPIRATORY CARE PROFESSIONAL OR PERSON HOLDING A LIMITED PERMIT, 1,003
THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS TAKEN, AND THE 1,005
CERTIFIED COURT DOCUMENTS RECORDING THE ACTION. THE BOARD MAY 1,006
PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE REPORTS UNDER 1,007
THIS SECTION. THE FORM MAY BE THE SAME AS THE FORM REQUIRED TO
BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED CODE. 1,008
Sec. 4761.14. AN EMPLOYER THAT DISCIPLINES OR TERMINATES 1,010
THE EMPLOYMENT OF A RESPIRATORY CARE PROFESSIONAL OR INDIVIDUAL 1,011
HOLDING A LIMITED PERMIT ISSUED UNDER THIS CHAPTER BECAUSE OF 1,012
CONDUCT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER 1,013
SECTION 4761.09 OF THE REVISED CODE SHALL REPORT THE ACTION TO 1,015
THE OHIO RESPIRATORY CARE BOARD. THE REPORT SHALL STATE THE NAME 1,017
OF THE RESPIRATORY CARE PROFESSIONAL OR INDIVIDUAL HOLDING THE
LIMITED PERMIT AND THE REASON THE EMPLOYER TOOK THE ACTION. IF 1,019
AN EMPLOYER FAILS TO REPORT TO THE BOARD, THE BOARD MAY SEEK AN 1,021
ORDER FROM A COURT OF COMPETENT JURISDICTION COMPELLING 1,022
SUBMISSION OF THE REPORT.
Sec. 4761.15. IN THE ABSENCE OF FRAUD OR BAD FAITH, NO 1,024
PERSON SHALL BE SUBJECT TO ANY CIVIL ACTION OR LIABLE FOR DAMAGES 1,026
AS A RESULT OF MAKING A REPORT TO THE OHIO RESPIRATORY CARE BOARD 1,027
OR TESTIFYING IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF 1,028
THE REVISED CODE WITH REGARD TO ALLEGED MATTERS FOR WHICH 1,029
DISCIPLINARY ACTION MAY BE TAKEN UNDER SECTION 4761.09 OF THE 1,030
REVISED CODE OR THE QUALIFICATIONS, FITNESS, OR CHARACTER OF A 1,031
PERSON LICENSED OR HOLDING A LIMITED PERMIT OR APPLYING FOR A 1,032
LICENSE OR LIMITED PERMIT UNDER THIS CHAPTER. 1,033
Sec. 4761.16. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 1,036
OHIO RESPIRATORY CARE BOARD, A CURRENT OR FORMER BOARD MEMBER, AN
AGENT OF THE BOARD, A PERSON FORMALLY ASKED BY THE BOARD TO BE 1,039
THE BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT 1,041
BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, 1,043
23
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL 1,044
DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY 1,046
OF THOSE PERSONS ASKS TO BE DEFENDED BY THE STATE AGAINST ANY 1,047
CLAIM OR ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, 1,048
CONDUCT, OR DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND 1,049
THE REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL 1,050
AND THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 1,051
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 1,052
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 1,053
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 1,054
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 1,055
DAMAGES.
Sec. 4761.99. Whoever violates division (A)(1) of section 1,065
4761.10 of the Revised Code is guilty of a minor misdemeanor on a 1,067
first offense. On a second offense, the person is guilty of a 1,068
misdemeanor of the fourth degree. On each subsequent offense, 1,069
the person is guilty of a misdemeanor of the first degree. 1,070
Section 2. That existing sections 4761.01, 4761.02, 1,072
4761.03, 4761.04, 4761.05, 4761.06, 4761.07, 4761.08, 4761.09, 1,073
4761.10, 4761.11, and 4761.99 of the Revised Code are hereby 1,074
repealed. 1,075