As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 505 6
1999-2000 7
REPRESENTATIVES SCHURING-VAN VYVEN-OLMAN-SCHULER-VESPER- 10
SENATORS DRAKE-KEARNS-SPADA-HAGAN
_________________________________________________________________ 12
A B I L L
To amend sections 4761.01, 4761.02, 4761.03, 14
4761.04, 4761.05, 4761.06, 4761.07, 4761.08, 15
4761.09, 4761.10, and 4761.11 and to enact 16
sections 4761.031, 4761.13, 4761.14, 4761.15,
4761.16, and 4761.17 of the Revised Code to 17
revise the laws regarding the powers and duties 18
of the Ohio Respiratory Care Board. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 4761.01, 4761.02, 4761.03, 23
4761.04, 4761.05, 4761.06, 4761.07, 4761.08, 4761.09, 4761.10, 24
and 4761.11 be amended and sections 4761.031, 4761.13, 4761.14, 26
4761.15, 4761.16, and 4761.17 of the Revised Code be enacted to
read as follows: 27
Sec. 4761.01. As used in sections 4761.01 to 4761.12 of 36
the Revised Code THIS CHAPTER: 37
(A) "Respiratory care" means rendering or offering to 39
render to individuals, groups, organizations, or the public any 40
service involving the evaluation of cardiopulmonary function, the 41
treatment of cardiopulmonary impairment, the assessment of 42
treatment effectiveness, and the care of patients with 43
deficiencies and abnormalities associated with the 44
cardiopulmonary system, performed upon the prescription and under 45
the supervision of a physician licensed under Chapter 4731. of 46
the Revised Code to practice medicine and surgery or osteopathic 47
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medicine and surgery. The practice of respiratory care includes: 48
(1) Obtaining, analyzing, testing, measuring, and 50
monitoring blood and gas samples in the determination of 51
cardiopulmonary parameters and related physiologic data, 52
including flows, pressures, and volumes, and the use of equipment 53
employed for this purpose; 54
(2) Administering, monitoring, recording the results of, 56
and instructing in the use of medical gases, aerosols, and 57
bronchopulmonary hygiene techniques, including drainage, 58
aspiration, and sampling, and applying, maintaining, and 59
instructing in the use of artificial airways, ventilators, and 60
other life support equipment employed in the treatment of 61
cardiopulmonary impairment and provided in collaboration with 62
other licensed health care professionals responsible for 63
providing care; 64
(3) Performing cardiopulmonary resuscitation and 66
respiratory rehabilitation techniques; 67
(4) Administering medications for the testing or treatment 69
of cardiopulmonary impairment upon the prescription and under the 70
supervision of a physician licensed under Chapter 4731. of the 71
Revised Code to practice medicine and surgery or osteopathic 72
medicine and surgery. 73
(B) "Respiratory care professional" means a person who is 75
licensed under this chapter to practice the full range of 76
respiratory care services as defined in division (A) of this 77
section and who practices respiratory care upon the prescription 78
and under the supervision of a physician licensed. 79
(C) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED under 81
Chapter 4731. of the Revised Code to practice medicine and 82
surgery or osteopathic medicine and surgery. 83
(D) "REGISTERED NURSE" MEANS AN INDIVIDUAL LICENSED UNDER 85
CHAPTER 4723. OF THE REVISED CODE TO ENGAGE IN THE PRACTICE OF 86
NURSING AS A REGISTERED NURSE. 87
(E) "HOSPITAL" MEANS A FACILITY THAT MEETS THE OPERATING 89
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STANDARDS OF SECTION 3727.02 OF THE REVISED CODE. 90
(F) "NURSING FACILITY" HAS THE SAME MEANING AS IN SECTION 92
5111.20 OF THE REVISED CODE. 93
Sec. 4761.02. The governor, with the advice and consent of 102
the senate, shall appoint the Ohio respiratory care board, 103
consisting of five residents of this state. Three members of the 104
board shall be respiratory care professionals who were engaged in 105
or actively associated with the practice of respiratory care in 106
this state for at least five years immediately preceding 107
appointment. One member shall be a physician authorized to 108
practice medicine and surgery or osteopathic medicine and surgery 109
under Chapter 4731. of the Revised Code who has clinical training 110
and experience in the management of pulmonary disease. One 111
member shall represent the public. 112
After the term of a member of the board expires or becomes 114
vacant, the Ohio state medical association may submit to the 115
governor the names of nominees for the board position to be 116
filled by a physician. The board of directors of the Ohio 117
society for respiratory care, inc., may recommend to the governor 118
at least three persons for each BOARD POSITION TO BE FILLED BY A 119
respiratory care professional appointment to board membership. 121
The American lung association of Ohio may submit to the governor 122
the names of nominees for the board position to be filled by a 123
person representing the public. The governor shall consider these 124
nominees in making the appointments. 125
Of the initial appointments, one shall be for a term ending 127
March 14, 1990, two shall be for terms ending March 14, 1991, and 132
two shall be for terms ending March 14, 1992. Thereafter, terms 134
TERMS of office shall be for three years, each term ending on the 135
same day of the same month of the year as did the term which it 136
succeeds. A member shall serve subsequent to the expiration of 137
the member's term until a successor is appointed and qualifies, 138
or until a period of sixty days has elapsed, whichever occurs 139
first. Each member, before entering upon the duties of office, 140
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shall subscribe to and file with the secretary of state the oath 141
of office required under Section 7 of Article XV, Ohio 142
Constitution. Vacancies shall be filled in the manner prescribed 143
for the regular appointments to the board and shall be limited to 144
the unexpired terms. Members of the board may be reappointed. 145
Annually, upon the qualification of the member or members 147
appointed in that year, the Ohio respiratory care board shall 148
organize and shall select from its members a president and 149
secretary. The A majority of the members of the board shall 150
constitute a quorum to transact and vote on the business of the 151
board. The board shall meet as a whole to determine all 152
administrative matters. 153
Each member of the board shall receive an amount fixed 155
pursuant to division (J) of section 124.15 of the Revised Code 156
for each day actually employed in the discharge of the member's 157
duties. In addition, each member shall receive actual and 158
necessary expenses incurred in the performance of the member's 160
official duties. 161
The board shall employ an executive secretary DIRECTOR who 163
shall be in the unclassified service of the state. The executive 165
secretary DIRECTOR shall assist THE BOARD in the administration 167
and enforcement of this chapter and shall employ employees 168
INDIVIDUALS AS THE BOARD CONSIDERS necessary to carry out the 170
board's functions PROVIDE THAT ASSISTANCE.
Sec. 4761.03. The Ohio respiratory care board shall 179
regulate the practice of respiratory care IN THIS STATE AND THE 180
PERSONS TO WHOM THE BOARD ISSUES LICENSES AND LIMITED PERMITS 181
under this chapter. Rules adopted under this chapter that deal 182
with the provision of respiratory care in a hospital, other than 183
rules regulating the issuance of licenses or limited permits, 184
shall be consistent with the conditions for participation under 185
MEDICARE, Title XVIII of the "Social Security Act," 49 79 Stat. 187
620 286 (1935 1965), 42 U.S.C. 301 U.S.C.A. 1395, as amended, and 190
with the respiratory care accreditation standards of the joint 191
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commission on accreditation of healthcare organizations or the 193
American osteopathic association.
The board shall: 195
(A) Adopt, and may rescind or amend, rules in accordance 197
with Chapter 119. of the Revised Code to carry out the purposes 198
of this chapter, including rules prescribing: 199
(1) The form and manner for filing applications for 201
licensure and renewal, limited permits, and limited permit 202
extensions under sections 4761.05 and 4761.06 of the Revised 204
Code;
(2) The form, scoring, and scheduling of examinations and 206
reexaminations for licensure and license renewal; 207
(3) Standards for the approval of educational programs 209
required to qualify for licensure and continuing education 210
programs required for license renewal; 211
(4) Continuing education courses and the number of hour 214
requirements necessary for license renewal, in accordance with 215
section 4761.06 of the Revised Code; 216
(5) Procedures for the issuance and renewal of licenses 218
and limited permits; 219
(6) Procedures for the denial, suspension, PERMANENT 221
revocation, refusal to renew, and reinstatement of licenses and 222
limited permits, the conduct of hearings, and the imposition of 224
fines for engaging in conduct that is grounds for such action and 225
hearings under section 4761.09 of the Revised Code.; 226
(7) Standards of ethical conduct for the practice of 228
respiratory care; 229
(8) Conditions under which the license renewal fee and 231
continuing education requirements may be waived at the request of 232
a licensee who is not in active practice; 233
(9) THE RESPIRATORY CARE TASKS THAT MAY BE PERFORMED BY AN 235
INDIVIDUAL PRACTICING AS A POLYSOMNOGRAPHIC TECHNOLOGIST PURSUANT 236
TO DIVISION (B)(3) OF SECTION 4761.10 OF THE REVISED CODE; 237
(10) PROCEDURES FOR REGISTERING OUT-OF-STATE RESPIRATORY 239
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CARE PROVIDERS AUTHORIZED TO PRACTICE IN THIS STATE UNDER 240
DIVISION (A)(4) OF SECTION 4761.11 OF THE REVISED CODE. 242
(B) Determine the sufficiency of an applicant's 244
qualifications for admission to the licensing examination or a 245
reexamination, and for the issuance or renewal of a license or 246
limited permit; 247
(C) Determine the respiratory care educational programs 249
that are acceptable for fulfilling the requirements of division 250
(A) of section 4761.04 of the Revised Code; 251
(D) Schedule, administer, and score the licensing 253
examination or any reexamination for license renewal or 254
reinstatement. The board shall administer the licensing 255
examinations at least twice a year and notify applicants of the 257
time and place of the examinations. 258
(E) Investigate complaints concerning alleged violations 260
of section 4761.10 of the Revised Code or grounds for the 261
suspension, PERMANENT revocation, or refusal to issue licenses or 262
limited permits under section 2301.373 or 4761.09 of the Revised 264
Code. The board shall employ investigators who shall, under the 265
direction of the executive secretary DIRECTOR of the board, 266
investigate complaints and make inspections and other inquiries 268
as, in the judgment of the board, are appropriate to enforce 269
sections 2301.373, 4761.09, and 4761.10 of the Revised Code. 271
Pursuant to an investigation and inspection, the investigators 272
may review and audit records during normal business hours at the 273
place of business of a licensee or person who is the subject of a 274
complaint filed with the board or at any place where the records 276
are kept. The
EXCEPT WHEN REQUIRED BY COURT ORDER, THE board and its 278
employees shall not disclose confidential information obtained 280
during an investigation, except pursuant to a court order OR 281
IDENTIFYING INFORMATION ABOUT ANY PERSON WHO FILES A COMPLAINT 282
WITH THE BOARD.
The board may hear testimony in matters relating to the 284
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duties imposed upon it and issue subpoenas pursuant to an 286
investigation. The president and secretary of the board may 288
administer oaths. 289
(F) Conduct hearings, keep records of its proceedings, and 291
do all such other things as are necessary and proper to carry out 292
and enforce the provisions of this chapter; 293
(G) Maintain, publish, and make available upon request, 295
for a fee not to exceed the actual cost of printing and mailing: 296
(1) The requirements for the issuance of licenses and 298
limited permits under this chapter and rules adopted by the 299
board;
(2) A current register of every person licensed to 301
practice respiratory care in this state, to include the addresses 302
of the person's last known place of business and residence, the 303
effective date and identification number of the license, the name 304
and location of the institution that granted the person's degree 305
or certificate of completion of respiratory care educational 306
requirements, and the date the degree or certificate was issued; 307
(3) A list of the names and locations of the institutions 309
that each year granted degrees or certificates of completion in 310
respiratory care; 311
(4) After the administration of each examination, a list 313
of persons who passed the examination. 314
(H) Submit to the governor and to the general assembly 316
each year a report of all of its official actions during the 317
preceding year, together with any findings and recommendations 318
with regard to the improvement of the profession of respiratory 319
care. 320
Sec. 4761.031. THE OHIO RESPIRATORY CARE BOARD MAY SHARE 323
ANY INFORMATION IT RECEIVES PURSUANT TO AN INVESTIGATION
CONDUCTED UNDER DIVISION (E) OF SECTION 4761.03 OF THE REVISED 325
CODE, INCLUDING PATIENT RECORDS AND PATIENT RECORD INFORMATION, 327
WITH OTHER LICENSING BOARDS AND GOVERNMENTAL AGENCIES THAT ARE 328
INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT AND WITH LAW
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ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL AGENCIES THAT ARE 330
INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES. A BOARD 331
OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH THE
SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH WHICH 332
THE OHIO RESPIRATORY CARE BOARD MUST COMPLY, NOTWITHSTANDING ANY 334
CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE 336
BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS DEALING
WITH OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE 338
ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE 339
RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE THAT APPROPRIATE 340
MEASURES ARE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED 341
WITH RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES 342
OR OTHER IDENTIFYING INFORMATION ABOUT PERSONS WHOSE 343
CONFIDENTIALITY WAS PROTECTED BY THE OHIO RESPIRATORY CARE BOARD 344
WHEN THE INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO 345
ENSURE CONFIDENTIALITY THAT MAY BE TAKEN BY THE COURT INCLUDE 346
SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS 348
RECORDS.
Sec. 4761.04. (A) Except as provided in division (B) of 357
this section, no person is eligible for licensure as a 358
respiratory care professional unless he THE PERSON has shown, to 360
the satisfaction of the Ohio respiratory care board that, ALL OF 361
THE FOLLOWING:
(1) He THAT THE PERSON is of good moral character; 363
(2) He THAT THE PERSON has successfully completed the 365
requirements of an educational program approved by the board that 368
includes instruction in the biological and physical sciences, 369
pharmacology, respiratory care theory, procedures, and clinical 370
practice, and cardiopulmonary rehabilitation techniques; and 371
(3) He THAT THE PERSON has passed an examination 373
administered by the board that tests the applicant's knowledge of 376
the basic and clinical sciences relating to respiratory care 377
theory and practice, professional skills and judgment in the 378
utilization of respiratory care techniques, and such other 379
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subjects as the board considers useful in determining fitness to 380
practice.
(B) The board may waive the requirements of division (A) 382
of this section with respect to any applicant who presents proof 383
of current licensure in another state whose standards for 384
licensure are at least equal to those in effect in this state on 385
the date of application. The board may waive the requirements of 386
divisions (A)(2) and (3) of this section with respect to any 387
applicant who presents proof that he OF HAVING successfully 388
completed any examination recognized by the board as meeting the 389
requirements of division (A)(3) of this section. 390
Sec. 4761.05. (A) The Ohio respiratory care board shall 399
issue a license to any applicant who complies with the 400
requirements of section 4761.04 of the Revised Code, files the 401
prescribed application form, and pays the fee or fees required 402
under section 4761.07 of the Revised Code. The license entitles 403
the holder to practice respiratory care. The licensee shall 405
display the license in a conspicuous place at the licensee's 406
principal place of business. 407
(B)(1) The board shall issue a limited permit to any 409
applicant who meets the requirements of division (A)(1) of 410
section 4761.04 of the Revised Code, files the prescribed 411
application form, pays the fee required under section 4761.07 of 412
the Revised Code, and meets either of the following requirements: 413
(a) Is enrolled in and is in good standing in a 415
respiratory care educational program approved by the board that 416
meets the requirements of division (A)(2) of section 4761.04 of 417
the Revised Code leading to a degree or certificate of completion 419
or is a graduate of the program;
(b) Is employed as a provider of respiratory care in this 421
state and was employed as a provider of respiratory care in this 422
state prior to March 14, 1989. 424
(2) The limited permit authorizes the holder to provide 427
respiratory care under the supervision of a respiratory care 428
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professional. A person issued a limited permit under division 429
(B)(1)(a) of this section may practice respiratory care under the 431
limited permit for not more than the earliest of the following: 433
(a) Three years after the date the limited permit is 435
issued;
(b) One year following the date of receipt of a 437
certificate of completion from a board-approved respiratory care 438
education program;
(c) Until the holder completes or discontinues 440
participation in the educational program. 441
The board may extend the term of a limited permit in cases 443
of unusual hardship. The holder seeking an extension shall 444
petition the board in the form and manner prescribed by the board 445
in rules adopted under section 4761.03 of the Revised Code. This 446
division does not require a student enrolled in an educational 447
program leading to a degree or certificate of completion in 448
respiratory care approved by the board to obtain a limited permit 450
to perform any duties that are part of the required course of 451
study.
(3) A person issued a limited permit under division 454
(C)(B)(1)(b) of this section may practice under a limited permit 455
for not more than three years, except that this restriction does
not apply to a permit holder who, on March 14, 1989, has been 457
employed as a provider of respiratory care for an average of not 458
less than twenty-five hours per week for a period of not less 459
than five years by a hospital certified or accredited pursuant to 460
section 3727.02 of the Revised Code.
(D)(C) All holders of licenses and limited permits issued 462
under this section shall display, in a conspicuous place on their 463
persons the, information as to THAT IDENTIFIES the type of 465
authorization under which they practice. 466
Sec. 4761.06. (A) Each license to practice respiratory 476
care shall be renewed biennially. Each limited permit to
practice respiratory care shall be renewed annually. Each person 477
11
holding a license or limited permit to practice respiratory care 478
shall apply to the Ohio respiratory care board on the form and 479
according to the schedule prescribed by the board for renewal of 480
the license or limited permit. Renewal of licenses LICENSES and 481
limited permits shall be RENEWED in accordance with the standard 483
renewal procedure of Chapter 4745. of the Revised Code. The 484
board shall renew the A license upon the payment of the license 485
renewal fee prescribed under section 4761.07 of the Revised Code 486
and proof of satisfactory completion of the continuing education 487
or reexamination requirements of division (B) of this section. 488
The board shall renew a limited permit upon payment of the 490
limited permit renewal fee prescribed under section 4761.07 of 491
the Revised Code and submission of one of the following: 492
(1) If the limited permit was issued on the basis of 494
division (B)(1)(a) of section 4761.05 of the Revised Code, proof 495
acceptable to the board of enrollment and good standing in an 496
educational program that meets the requirements of division 497
(A)(2)(a) of section 4761.04 of the Revised Code or of graduation 498
from such a program;
(2) If the limited permit was issued on the basis of 500
division (B)(1)(b) of section 4761.05 of the Revised Code, proof 501
acceptable to the board of employment as a provider of 503
respiratory care.
(B) On and after March 14, 1991, and every year 505
thereafter, on or before the annual renewal date, the holder of a 506
limited permit issued under division (B)(1)(b) of section 4761.05 508
of the Revised Code shall submit proof to the board that the 509
holder has satisfactorily completed the number of hours of 510
continuing education required by the board, which shall not be 511
less than three nor more than ten hours of continuing education 512
acceptable to the board. 513
On or before the biennial renewal date, the A license 516
holder shall submit proof to the board that the license holder 517
has satisfactorily completed the number of hours of continuing 519
12
education required by the board, which shall be not less than six 520
nor more than twenty hours of continuing education acceptable to 522
the board, or has passed a reexamination in accordance with the 523
board's renewal requirements. The board may waive all or part of 524
the continuing education requirement for a license holder who has 525
held the license for less than two years. 526
Sec. 4761.07. (A) The Ohio respiratory care board shall 535
charge any license applicant or holder who is to take an 536
examination required under division (A)(3) of section 4761.04 or 537
a reexamination required under division (B) of section 4761.06 of 538
the Revised Code for license renewal or under section 4761.09 of 539
the Revised Code for license reinstatement, a nonrefundable 540
examination fee, not to exceed the amount necessary to cover the 541
expense of administering the examination. The license applicant 542
or holder shall pay the fee at the time of application for 544
licensure or renewal.
(B) The board shall establish the following additional 546
nonrefundable fees and penalty: 547
(1) An initial license fee, not to exceed seventy-five 549
dollars; 550
(2) A biennial license renewal fee, not to exceed one 553
hundred dollars; 554
(3) A limited permit fee, not to exceed twenty dollars; 556
(4) A limited permit renewal fee, not to exceed ten 558
dollars; 559
(5) A late renewal penalty, not to exceed fifty per cent 561
of the renewal fee. 562
(C) Notwithstanding division (B)(4) of this section, after 564
the third renewal of a limited permit that meets the exception in 565
division (C)(B)(3) of section 4761.05 of the Revised Code, the 566
limited permit renewal fee shall be one-half the amount of the 568
biennial license renewal fee established under division (B)(2) of 570
this section and section 4761.08 of the Revised Code. 571
(D) The board shall adjust the fees biennially and within 573
13
the limits established by division (B) of this section to provide 574
sufficient revenues to meet its expenses. 575
(E) The board may, by rule, provide for the waiver of all 577
or part of a license fee when the license is issued less than 578
eighteen months before its expiration date. 579
(F) All fees received by the board shall be deposited into 581
the state treasury to the credit of the occupational licensing 582
and regulatory fund. 583
Sec. 4761.08. The Ohio respiratory care board, subject to 592
the approval of the controlling board, may establish fees, except 593
fees established at amounts adequate to cover designated 594
expenses, in excess of the amounts provided in sections 4761.01 595
to 4761.11 of the Revised Code THIS CHAPTER. The fees shall not 596
exceed the amounts specified by more than fifty per cent.
Sec. 4761.09. (A) The Ohio respiratory care board may 605
refuse to issue or renew a license or a limited permit, may issue 606
a reprimand, may suspend or PERMANENTLY revoke a license or 607
limited permit, or may place a license or limited permit holder 609
on probation, on any of the following grounds:
(1) Conviction of A PLEA OF GUILTY TO, A JUDICIAL FINDING 612
OF GUILT OF, OR A JUDICIAL FINDING OF ELIGIBILITY FOR 613
INTERVENTION IN LIEU OF CONVICTION FOR an offense involving moral 614
turpitude or of a felony, IN WHICH CASE A CERTIFIED COPY OF THE 616
COURT RECORD SHALL BE CONCLUSIVE EVIDENCE OF THE MATTER;
(2) Violating any provision of this chapter or an order or 618
rule of the board; 619
(3) ASSISTING ANOTHER PERSON IN THAT PERSON'S VIOLATION OF 621
ANY PROVISION OF THIS CHAPTER OR AN ORDER OR RULE OF THE BOARD; 622
(4) Obtaining a license or limited permit by means of 624
fraud, false or misleading representation, or concealment of 626
material facts OR MAKING ANY OTHER MATERIAL MISREPRESENTATION TO 627
THE BOARD;
(4)(5) Being guilty of negligence or gross misconduct in 629
the practice of respiratory care; 630
14
(5)(6) Violating the standards of ethical conduct adopted 632
by the board, in the practice of respiratory care; 633
(6)(7) ENGAGING IN DISHONORABLE, UNETHICAL, OR 635
UNPROFESSIONAL CONDUCT OF A CHARACTER LIKELY TO DECEIVE, DEFRAUD, 637
OR HARM THE PUBLIC;
(8) Using any controlled substance DANGEROUS DRUG, AS 639
DEFINED IN SECTION 4729.01 OF THE REVISED CODE, or alcohol to the 641
extent that THE use impairs the ability to practice respiratory 642
care at an acceptable level of competency; 643
(7)(9) PRACTICING RESPIRATORY CARE WHILE MENTALLY 645
INCOMPETENT; 646
(10) Accepting commissions, rebates, or other forms of 648
remuneration for patient referrals; 649
(8)(11) Practicing in an area of respiratory care for 651
which the person is clearly untrained or incompetent or 652
practicing without a licensed physician's prescription or 653
supervision IN A MANNER THAT CONFLICTS WITH SECTION 4761.17 OF 654
THE REVISED CODE; 655
(9)(12) Employing, directing, or supervising a person who 657
is not authorized to practice respiratory care under this chapter 658
in the performance of respiratory care procedures; 659
(10)(13) Misrepresenting educational attainments or 661
authorized functions for the purpose of obtaining some benefit 663
related to the practice of respiratory care. 664
Before the board may take any action under this section, 666
other than issuance of a summary suspension order under division 669
(C) of this section, the executive secretary DIRECTOR of the 670
board shall prepare and file written charges with the board, 671
which shall conduct a hearing on the charges in accordance with. 672
DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER THIS SECTION SHALL 674
BE TAKEN PURSUANT TO AN ADJUDICATION UNDER Chapter 119. of the 675
Revised Code, EXCEPT THAT IN LIEU OF AN ADJUDICATION, THE BOARD 677
MAY ENTER INTO A CONSENT AGREEMENT TO RESOLVE AN ALLEGATION OF A 678
VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A 679
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CONSENT AGREEMENT, WHEN RATIFIED BY THE BOARD, SHALL CONSTITUTE 680
THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 681
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 682
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 683
CONSENT AGREEMENT SHALL BE OF NO EFFECT.
(B) If the board orders a license or limited permit holder 685
placed on probation, the order shall be accompanied by a written 686
statement of the conditions under which the person may be 687
restored to practice. 688
The person may reapply to the board for original issuance 690
of a license after one year following the date the license was 691
denied. 692
A person may apply to the board for the reinstatement of a 694
license or limited permit after one year following the date of 695
suspension, revocation, or refusal to renew. The board may 696
accept or refuse the application for reinstatement and may 697
require that the applicant pass a reexamination as a condition of 698
eligibility for reinstatement. 699
(C) If the president and secretary of the board determine 702
that there is clear and convincing evidence that a license or 703
limited permit holder has committed an act that is grounds for 704
board action under division (A) of this section and that 705
continued practice by the license or permit holder presents a 706
danger of immediate and serious harm to the public, the president 708
and secretary may recommend that the board suspend the license or 709
limited permit without a prior hearing. The president and 710
secretary shall submit in writing to the board the allegations 711
causing them to recommend the suspension.
On review of the allegations, the board, by a vote of not 713
less than four of its members, may suspend a license or limited 714
permit without a prior hearing. The board may review the 715
allegations and vote on the suspension by a telephone conference 716
call. 717
If the board votes to suspend a license or limited permit 719
16
under this division, the board shall issue a written order of 720
summary suspension to the license or limited permit holder in 721
accordance with section 119.07 of the Revised Code. If the 724
license or limited permit holder requests a hearing by the board, 725
the board shall conduct the hearing in accordance with Chapter 727
119. of the Revised Code. Notwithstanding section 119.12 of the
Revised Code, a court of common pleas shall not grant a 728
suspension of the board's order of summary suspension pending 730
determination of an appeal filed under that section. 731
Any order of summary suspension issued under this division 733
shall remain in effect until a final adjudication order issued by 735
the board pursuant to division (A) of this section becomes 736
effective. The board shall issue its final adjudication order 737
regarding an order of summary suspension issued under this 738
division not later than sixty days after completion of its 739
hearing. Failure to issue the order within sixty days shall 740
result in immediate dissolution of the suspension order, but 741
shall not invalidate any subsequent, final adjudication order. 742
Sec. 4761.10. (A) No person shall offer or render 750
respiratory care services, or hold himself out as being REPRESENT 751
THAT THE PERSON IS a respiratory care professional, respiratory 753
therapist, respiratory technologist, respiratory care technician, 754
respiratory practitioner, inhalation therapist, inhalation 755
technologist, or inhalation therapy technician, or as having TO 756
HAVE any similar title or as providing TO PROVIDE these services 758
under a similar description, unless the person holds a license or 760
limited permit issued under this chapter. No partnership, 762
association, or corporation shall advertise or otherwise offer to 763
provide or convey the impression that it is providing respiratory 764
care unless an individual holding a license or limited permit 765
issued under this chapter is employed by or under contract to 766
WITH the partnership, association, or corporation and will be
performing the respiratory care services to which reference is 767
made.
17
(B) Notwithstanding the provisions of this division, some 770
(A) OF THIS SECTION, ALL OF THE FOLLOWING APPLY: 771
(1) IN THE CASE OF A HOSPITAL OR NURSING FACILITY, SOME 774
limited aspects of respiratory care services such as measuring 775
blood pressure and taking blood samples may also be performed in 776
a hospital meeting the operating standards of section 3727.02 of 777
the Revised Code by persons demonstrating current competence in 779
such procedures, AS LONG AS THE PERSON ACTS under the direction 781
of a physician authorized under Chapter 4731. of the Revised Code 782
to practice medicine and surgery or osteopathic medicine and 783
surgery or under the direction DELEGATION of a registered nurse 784
licensed under Chapter 4723. of the Revised Code, so long as such 786
AND THE person does not hold himself out as being REPRESENT THAT 788
THE PERSON IS engaged in the practice of respiratory care. The 790
above limited aspects of respiratory care do not include any of 792
the following: the administration of aerosol medication, the 793
maintenance of patients on mechanical ventilators, aspiration, 794
and the application and maintenance of artificial airways. 795
(B)(2) IN THE CASE OF A FACILITY, INSTITUTION, OR OTHER 797
SETTING THAT EXISTS FOR A PURPOSE SUBSTANTIALLY OTHER THAN THE 798
PROVISION OF HEALTH CARE, IF NURSING TASKS ARE DELEGATED BY A 799
REGISTERED NURSE AS PROVIDED IN CHAPTER 4723. OF THE REVISED CODE 800
AND THE RULES ADOPTED UNDER IT, RESPIRATORY CARE TASKS MAY BE 801
PERFORMED UNDER THAT DELEGATION BY PERSONS DEMONSTRATING CURRENT 802
COMPETENCE IN PERFORMING THE TASKS, AS LONG AS THE PERSON DOES
NOT REPRESENT THAT THE PERSON IS ENGAGED IN THE PRACTICE OF 804
RESPIRATORY CARE.
(3) A POLYSOMNOGRAPHIC TECHNOLOGIST CREDENTIALED BY AN 806
ORGANIZATION THE OHIO RESPIRATORY CARE BOARD RECOGNIZES, A 807
TRAINEE UNDER THE DIRECT SUPERVISION OF A POLYSOMNOGRAPHIC 808
TECHNOLOGIST CREDENTIALED BY AN ORGANIZATION THE BOARD 809
RECOGNIZES, OR A PERSON THE BOARD RECOGNIZES AS BEING ELIGIBLE TO 810
BE CREDENTIALED AS A POLYSOMNOGRAPHIC TECHNOLOGIST MAY PERFORM 811
THE RESPIRATORY CARE TASKS SPECIFIED IN RULES ADOPTED UNDER 812
18
SECTION 4761.03 OF THE REVISED CODE, AS LONG AS BOTH OF THE 813
FOLLOWING APPLY: 814
(a) THE TASKS ARE PERFORMED IN THE DIAGNOSIS AND 817
THERAPEUTIC INTERVENTION OF SLEEP-RELATED BREATHING DISORDERS AND 818
UNDER THE GENERAL SUPERVISION OF A PHYSICIAN. 819
(b) THE PERSON PERFORMING THE TASKS DOES NOT REPRESENT 822
THAT THE PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE. 823
(C) If the OHIO RESPIRATORY CARE board finds that any 826
person, INCLUDING ANY PARTNERSHIP, ASSOCIATION, OR CORPORATION, 828
has engaged or is engaging in any activity or conduct that is 829
prohibited under division (A) of this section or rules of the 830
board, or that is grounds for the denial, suspension, or 831
PERMANENT revocation of a PERSON'S license under section 4761.09 833
of the Revised Code, it may apply to the court of common pleas in 834
the county in which the violation occurred for an order 835
restraining the unlawful activity or conduct, including the 836
person's CONTINUED practice of respiratory care. Upon a showing 838
that the person has violated such law or rule HAS BEEN VIOLATED, 839
or THE PERSON has engaged in conduct constituting such grounds, 840
the court may issue an injunction or other appropriate 842
restraining order.
Sec. 4761.11. (A) Nothing in this chapter shall be 851
construed to prevent or restrict the practice, services, or 852
activities of any person who: 853
(1) Is a physician authorized under Chapter 4731. of the 855
Revised Code to practice medicine and surgery or osteopathic 856
medicine and surgery; is employed in the office of such a 857
physician and who renders medical assistance under the 858
physician's direct supervision but who does not hold himself out 859
as being engaged in the profession of respiratory care; is a 861
registered nurse licensed under Chapter 4723. of the Revised 862
Code; or is any other health care professional licensed by this 864
state, practicing within PROVIDING RESPIRATORY CARE SERVICES 865
INCLUDED IN the scope of practice established by the license 867
19
held, but who does not hold himself out as being LONG AS THE 869
PERSON DOES NOT REPRESENT THAT THE PERSON IS engaged in the 870
practice of respiratory care; 872
(2) Is employed as a respiratory care professional by an 874
agency of the United States government and provides respiratory 875
care solely under the direction or control of the employing 876
agency;
(3) Is a student enrolled in a board-approved respiratory 878
care education program leading to a certificate of completion in 879
respiratory care and is performing duties that are part of a 880
supervised course of study; 881
(4) Is a nonresident of this state practicing or offering 883
to practice respiratory care, if the respiratory care services 884
are offered for not more than one hundred twenty calendar THIRTY 885
days IN A YEAR, services are provided under the supervision of a 887
respiratory care professional licensed under this chapter, and 888
the nonresident REGISTERS WITH THE BOARD IN ACCORDANCE WITH RULES 889
ADOPTED BY THE BOARD UNDER SECTION 4761.03 OF THE REVISED CODE 890
AND meets either of the following requirements: 891
(a) Qualifies for licensure under this chapter, except for 893
passage of the examination required under division (A)(3) of 894
section 4761.04 of the Revised Code; 895
(b) Holds a valid license issued by a state that has 897
licensure requirements considered by the board to be comparable 898
to those of this state AND HAS NOT BEEN ISSUED A LICENSE IN 900
ANOTHER STATE THAT HAS BEEN REVOKED OR IS CURRENTLY UNDER 901
SUSPENSION OR ON PROBATION.
(5) Provides respiratory care only to relatives or in 903
medical emergencies; 904
(6) Provides gratuitous care to friends or personal family 906
members; 907
(7) Provides only self care; 909
(8) Holds a current, valid certificate under section 911
4765.30 of the Revised Code as an emergency medical 912
20
technician-basic, emergency medical technician-intermediate, or 914
emergency medical technician-paramedic IS EMPLOYED IN THE OFFICE 916
OF A PHYSICIAN AND RENDERS MEDICAL ASSISTANCE UNDER THE 917
PHYSICIAN'S DIRECT SUPERVISION WITHOUT REPRESENTING THAT THE 919
PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE; 920
(9) Is employed in a clinical chemistry or arterial blood 922
gas laboratory and is supervised by a physician authorized under 924
Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery WITHOUT REPRESENTING 925
THAT THE PERSON IS ENGAGED IN THE PRACTICE OF RESPIRATORY CARE; 926
(10) Provides limited aspects of respiratory care pursuant 928
to division (A) of section 4761.10 of the Revised Code in a 930
hospital meeting the operating standards of section 3727.02 of 931
the Revised Code under the direction of a physician authorized 933
under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery or of a registered 934
nurse licensed under Chapter 4723. of the Revised Code so long as 935
such person does not hold himself out as being engaged in the 937
practice of respiratory care IS ENGAGED IN THE PRACTICE OF 938
RESPIRATORY CARE AS AN EMPLOYEE OF A PERSON OR GOVERNMENTAL 939
ENTITY LOCATED IN ANOTHER STATE AND PROVIDES RESPIRATORY CARE 940
SERVICES FOR LESS THAN SEVENTY-TWO HOURS TO PATIENTS BEING 941
TRANSPORTED INTO, OUT OF, OR THROUGH THIS STATE.
(B) Nothing in this chapter shall be construed to prevent 943
any person licensed under Chapter 4723. of the Revised Code, any 944
person authorized under Chapter 4731. of the Revised Code to 945
practice medicine and surgery or osteopathic medicine and 946
surgery, or any association, corporation, or partnership, from 947
advertising, describing, or offering to provide respiratory care, 948
or billing for respiratory care if WHEN the respiratory care 950
services are provided by a person licensed under Chapter 4723. of
the Revised Code and HEALTH CARE PROFESSIONAL LICENSED BY THIS 953
STATE practicing within the scope of practice established by that 955
THE license or by a person authorized under Chapter 4731. of the 957
21
Revised Code to practice medicine and surgery or osteopathic 959
medicine and surgery HELD. Nothing in this chapter shall be 961
construed to prevent a hospital meeting the operating standards 962
of section 3727.02 of the Revised Code OR NURSING FACILITY from 963
advertising, describing, or offering to provide respiratory care, 964
or billing for respiratory care if the services are rendered by a 965
person licensed under this chapter or persons who may provide 967
those limited aspects of respiratory care OR RESPIRATORY CARE 968
TASKS pursuant to division (A)(B) of section 4761.10 of the 970
Revised Code by or under the direction of a physician authorized 971
under Chapter 4731. of the Revised Code to practice medicine and 973
surgery or osteopathic medicine and surgery or by or under the 974
direction of a registered nurse licensed under Chapter 4723. of 975
the Revised Code. 976
(C) Notwithstanding division (A) of section 4761.10 of the 979
Revised Code, in a life-threatening situation, in the absence of 981
licensed personnel, unlicensed persons shall not be prohibited 982
from taking life-saving measures. 983
(C)(D) Nothing in this chapter shall be construed as 985
authorizing a respiratory care professional to practice medicine 986
and surgery or osteopathic medicine and surgery. THIS DIVISION 988
DOES NOT PROHIBIT A RESPIRATORY CARE PROFESSIONAL FROM 989
ADMINISTERING TOPICAL OR INTRADERMAL MEDICATIONS FOR THE PURPOSE 990
OF PRODUCING LOCALIZED DECREASED SENSATION AS PART OF A PROCEDURE 991
OR TASK THAT IS WITHIN THE SCOPE OF PRACTICE OF A RESPIRATORY 992
CARE PROFESSIONAL. 993
Sec. 4761.13. (A) AS USED IN THIS SECTION, "PROSECUTOR" 996
HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 997
(B) THE PROSECUTOR IN ANY CASE AGAINST ANY RESPIRATORY 1,000
CARE PROFESSIONAL OR AN INDIVIDUAL HOLDING A LIMITED PERMIT
ISSUED UNDER THIS CHAPTER SHALL PROMPTLY NOTIFY THE OHIO 1,001
RESPIRATORY CARE BOARD OF ANY OF THE FOLLOWING: 1,002
(1) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 1,005
OR COURT OF, A FELONY, OR A CASE IN WHICH THE TRIAL COURT ISSUES
22
AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A 1,007
FELONY CHARGE; 1,008
(2) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 1,011
OR COURT OF, A MISDEMEANOR COMMITTED IN THE COURSE OF PRACTICE,
OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL 1,013
UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A 1,014
MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF 1,015
PRACTICE;
(3) A PLEA OF GUILTY TO, OR A FINDING OF GUILT BY A JURY 1,018
OR COURT OF, A MISDEMEANOR INVOLVING MORAL TURPITUDE, OR A CASE
IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON 1,019
TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR 1,020
INVOLVING MORAL TURPITUDE. 1,021
(C) THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE 1,023
RESPIRATORY CARE PROFESSIONAL OR PERSON HOLDING A LIMITED PERMIT, 1,024
THE NATURE OF THE OFFENSE FOR WHICH THE ACTION WAS TAKEN, AND THE 1,026
CERTIFIED COURT DOCUMENTS RECORDING THE ACTION. THE BOARD MAY 1,027
PRESCRIBE AND PROVIDE FORMS FOR PROSECUTORS TO MAKE REPORTS UNDER 1,028
THIS SECTION. THE FORM MAY BE THE SAME AS THE FORM REQUIRED TO
BE PROVIDED UNDER SECTION 2929.24 OF THE REVISED CODE. 1,029
Sec. 4761.14. AN EMPLOYER THAT DISCIPLINES OR TERMINATES 1,031
THE EMPLOYMENT OF A RESPIRATORY CARE PROFESSIONAL OR INDIVIDUAL 1,032
HOLDING A LIMITED PERMIT ISSUED UNDER THIS CHAPTER BECAUSE OF 1,033
CONDUCT THAT WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER 1,034
SECTION 4761.09 OF THE REVISED CODE SHALL REPORT THE ACTION TO 1,036
THE OHIO RESPIRATORY CARE BOARD. THE REPORT SHALL STATE THE NAME 1,038
OF THE RESPIRATORY CARE PROFESSIONAL OR INDIVIDUAL HOLDING THE
LIMITED PERMIT AND THE REASON THE EMPLOYER TOOK THE ACTION. IF 1,040
AN EMPLOYER FAILS TO REPORT TO THE BOARD, THE BOARD MAY SEEK AN 1,042
ORDER FROM A COURT OF COMPETENT JURISDICTION COMPELLING 1,043
SUBMISSION OF THE REPORT.
Sec. 4761.15. IN THE ABSENCE OF FRAUD OR BAD FAITH, NO 1,045
PERSON SHALL BE SUBJECT TO ANY CIVIL ACTION OR LIABLE FOR DAMAGES 1,047
AS A RESULT OF MAKING A REPORT TO THE OHIO RESPIRATORY CARE BOARD 1,048
23
OR TESTIFYING IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF 1,049
THE REVISED CODE WITH REGARD TO ALLEGED MATTERS FOR WHICH 1,050
DISCIPLINARY ACTION MAY BE TAKEN UNDER SECTION 4761.09 OF THE 1,051
REVISED CODE OR THE QUALIFICATIONS, FITNESS, OR CHARACTER OF A 1,052
PERSON LICENSED OR HOLDING A LIMITED PERMIT OR APPLYING FOR A 1,053
LICENSE OR LIMITED PERMIT UNDER THIS CHAPTER. 1,054
Sec. 4761.16. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 1,057
OHIO RESPIRATORY CARE BOARD, A CURRENT OR FORMER BOARD MEMBER, AN
AGENT OF THE BOARD, A PERSON FORMALLY ASKED BY THE BOARD TO BE 1,060
THE BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT 1,062
BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, 1,064
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL 1,065
DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY 1,067
OF THOSE PERSONS ASKS TO BE DEFENDED BY THE STATE AGAINST ANY 1,068
CLAIM OR ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, 1,069
CONDUCT, OR DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND 1,070
THE REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL 1,071
AND THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 1,072
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 1,073
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 1,074
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 1,075
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 1,076
DAMAGES.
Sec. 4761.17. ALL OF THE FOLLOWING APPLY TO THE PRACTICE 1,078
OF RESPIRATORY CARE BY A PERSON WHO HOLDS A LICENSE OR LIMITED 1,079
PERMIT ISSUED UNDER THIS CHAPTER: 1,080
(A) THE PERSON SHALL PRACTICE ONLY PURSUANT TO A 1,083
PRESCRIPTION OR OTHER ORDER FOR RESPIRATORY CARE ISSUED BY A 1,084
PHYSICIAN OR BY A REGISTERED NURSE WHO HOLDS A CERTIFICATE OF
AUTHORITY ISSUED UNDER CHAPTER 4723. OF THE REVISED CODE TO 1,086
PRACTICE AS A CERTIFIED NURSE PRACTITIONER OR CLINICAL NURSE 1,087
SPECIALIST AND HAS ENTERED INTO A STANDARD CARE ARRANGEMENT WITH 1,088
A PHYSICIAN THAT ALLOWS THE NURSE TO PRESCRIBE OR ORDER 1,089
RESPIRATORY CARE SERVICES.
24
(B) THE PERSON SHALL PRACTICE ONLY UNDER THE SUPERVISION 1,092
OF A PHYSICIAN OR UNDER THE SUPERVISION OF A CERTIFIED NURSE 1,093
PRACTITIONER OR CLINICAL NURSE SPECIALIST WHO IS AUTHORIZED TO 1,094
PRESCRIBE OR ORDER RESPIRATORY CARE SERVICES AS PROVIDED IN 1,095
DIVISION (A) OF THIS SECTION.
(C) WHEN PRACTICING UNDER THE PRESCRIPTION OR ORDER OF A 1,097
CERTIFIED NURSE PRACTITIONER OR CLINICAL NURSE SPECIALIST OR 1,098
UNDER THE SUPERVISION OF SUCH A NURSE, THE PERSON'S 1,099
ADMINISTRATION OF MEDICATION THAT REQUIRES A PRESCRIPTION IS 1,100
LIMITED TO THE DRUGS THAT THE NURSE IS AUTHORIZED TO PRESCRIBE 1,102
PURSUANT TO THE NURSE'S CERTIFICATE TO PRESCRIBE ISSUED UNDER
SECTION 4723.48 OF THE REVISED CODE. 1,103
Section 2. That existing sections 4761.01, 4761.02, 1,105
4761.03, 4761.04, 4761.05, 4761.06, 4761.07, 4761.08, 4761.09, 1,106
4761.10, and 4761.11 of the Revised Code are hereby repealed. 1,108