As Reported by House Health, Retirement and Aging Committee     1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 511    5            

      1999-2000                                                    6            


  REPRESENTATIVES SCHURING-VAN VYVEN-VESPER-GRENDELL- ASLANIDES    9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 121.22, 3313.68, 3701.85, 3702.51,  12           

                3719.13, 3721.34, 3727.01, 4723.02, 4723.04,       13           

                4723.051, 4723.06, 4723.061, 4723.07, 4723.08,                  

                4723.09, 4723.15, 4723.24, 4723.28, 4723.281,      15           

                4723.31, 4723.32, 4723.34, 4723.341, 4723.35,      16           

                4723.42, 4723.43, 4723.47, 4723.99, 4731.27,       17           

                4731.281, 4743.05, 4751.05, and 5111.04; to        18           

                amend, for the purpose of adopting new section                  

                numbers as indicated in parentheses, sections      19           

                4723.02 (4723.01), 4723.04 (4723.02), 4723.051     20           

                (4723.10), 4723.31 (4723.082), and 4723.39         21           

                (4723.081); to enact section 4723.021; and to      23           

                repeal section 4723.342 of the Revised Code to     25           

                revise the laws regarding the practice of nursing               

                and the licensing and enforcement duties of the    26           

                Board of Nursing.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 121.22, 3313.68, 3701.85,          30           

3702.51, 3719.13, 3721.34, 3727.01, 4723.02, 4723.04, 4723.051,    31           

4723.06, 4723.061, 4723.07, 4723.08, 4723.09, 4723.15, 4723.24,    32           

4723.28, 4723.281, 4723.31, 4723.32, 4723.34, 4723.341, 4723.35,   33           

4723.42, 4723.43, 4723.47, 4723.99, 4731.27, 4731.281, 4743.05,    35           

4751.05, and 5111.04 be amended; sections 4723.02 (4723.01),       36           

4723.04 (4723.02), 4723.051 (4723.10), 4723.31 (4723.082), and     37           

4723.39 (4723.081) be amended for the purpose of adopting new      38           

section numbers as indicated in parentheses; and section 4723.021  40           

                                                          2      


                                                                 
of the Revised Code be enacted to read as follows:                              

      Sec. 121.22.  (A)  This section shall be liberally           49           

construed to require public officials to take official action and  50           

to conduct all deliberations upon official business only in open   51           

meetings unless the subject matter is specifically excepted by     52           

law.                                                               53           

      (B)  As used in this section:                                55           

      (1)  "Public body" means any of the following:               57           

      (a)  Any board, commission, committee, council, or similar   59           

decision-making body of a state agency, institution, or            60           

authority, and any legislative authority or board, commission,     61           

committee, council, agency, authority, or similar decision-making  63           

body of any county, township, municipal corporation, school        64           

district, or other political subdivision or local public           65           

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    67           

division (B)(1)(a) of this section;                                68           

      (c)  A court of jurisdiction of a sanitary district          70           

organized wholly for the purpose of providing a water supply for   71           

domestic, municipal, and public use when meeting for the purpose   73           

of the appointment, removal, or reappointment of a member of the   74           

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        75           

related to such a district other than litigation involving the     76           

district.  As used in division (B)(1)(c) of this section, "court   77           

of jurisdiction" has the same meaning as "court" in section        78           

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       80           

public business of the public body by a majority of its members.   81           

      (3)  "Regulated individual" means either of the following:   83           

      (a)  A student in a state or local public educational        85           

institution;                                                       86           

      (b)  A person who is, voluntarily or involuntarily, an       88           

inmate, patient, or resident of a state or local institution       89           

                                                          3      


                                                                 
because of criminal behavior, mental illness or retardation,       90           

disease, disability, age, or other condition requiring custodial   91           

care.                                                              92           

      (C)  All meetings of any public body are declared to be      94           

public meetings open to the public at all times.  A member of a    95           

public body shall be present in person at a meeting open to the    97           

public to be considered present or to vote at the meeting and for  98           

purposes of determining whether a quorum is present at the         99           

meeting.                                                           100          

      The minutes of a regular or special meeting of any public    103          

body shall be promptly prepared, filed, and maintained and shall   104          

be open to public inspection.  The minutes need only reflect the   105          

general subject matter of discussions in executive sessions        106          

authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a grand jury, to an      108          

audit conference conducted by the auditor of state or independent  109          

certified public accountants with officials of the public office   110          

that is the subject of the audit, to the adult parole authority    111          

when its hearings are conducted at a correctional institution for  112          

the sole purpose of interviewing inmates to determine parole or    113          

pardon, to the organized crime investigations commission           114          

established under section 177.01 of the Revised Code, to the       115          

state medical board when determining whether to suspend a          116          

certificate without a prior hearing pursuant to division (G) of    118          

either section 4730.25 or 4731.22 of the Revised Code, to the      120          

board of nursing when determining whether to suspend a license     121          

without a prior hearing pursuant to division (B) of section        122          

4723.181 4723.281 of the Revised Code, or to the executive         124          

committee of the emergency response commission when determining    125          

whether to issue an enforcement order or request that a civil      126          

action, civil penalty action, or criminal action be brought to     127          

enforce Chapter 3750. of the Revised Code.                                      

      (E)  The controlling board, the development financing        129          

advisory council, the industrial technology and enterprise         130          

                                                          4      


                                                                 
advisory council, the tax credit authority, or the minority        132          

development financing advisory board, when meeting to consider     133          

granting assistance pursuant to Chapter 122. or 166. of the        134          

Revised Code, in order to protect the interest of the applicant    135          

or the possible investment of public funds, by unanimous vote of   136          

all board, council, or authority members present, may close the    138          

meeting during consideration of the following information          140          

confidentially received by the authority, council, or board from   141          

the applicant:                                                     143          

      (1)  Marketing plans;                                        145          

      (2)  Specific business strategy;                             147          

      (3)  Production techniques and trade secrets;                149          

      (4)  Financial projections;                                  151          

      (5)  Personal financial statements of the applicant or       153          

members of the applicant's immediate family, including, but not    154          

limited to, tax records or other similar information not open to   156          

public inspection.                                                 157          

      The vote by the authority, council, or board to accept or    161          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   164          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           166          

reasonable method whereby any person may determine the time and    167          

place of all regularly scheduled meetings and the time, place,     168          

and purpose of all special meetings.  A public body shall not      169          

hold a special meeting unless it gives at least twenty-four        170          

hours' advance notice to the news media that have requested        171          

notification, except in the event of an emergency requiring        172          

immediate official action.  In the event of an emergency, the      173          

member or members calling the meeting shall notify the news media  174          

that have requested notification immediately of the time, place,   175          

and purpose of the meeting.                                        176          

      The rule shall provide that any person, upon request and     179          

payment of a reasonable fee, may obtain reasonable advance                      

                                                          5      


                                                                 
notification of all meetings at which any specific type of public  180          

business is to be discussed.  Provisions for advance notification  181          

may include, but are not limited to, mailing the agenda of         182          

meetings to all subscribers on a mailing list or mailing notices   183          

in self-addressed, stamped envelopes provided by the person.       184          

      (G)  Except as provided in division (J) of this section,     187          

the members of a public body may hold an executive session only    188          

after a majority of a quorum of the public body determines, by a   189          

roll call vote, to hold an executive session and only at a         191          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     192          

      (1)  To consider the appointment, employment, dismissal,     194          

discipline, promotion, demotion, or compensation of a public       195          

employee or official, or the investigation of charges or           196          

complaints against a public employee, official, licensee, or       197          

regulated individual, unless the public employee, official,        198          

licensee, or regulated individual requests a public hearing.       199          

Except as otherwise provided by law, no public body shall hold an  200          

executive session for the discipline of an elected official for    201          

conduct related to the performance of the elected official's       202          

official duties or for the elected official's removal from         204          

office.  If a public body holds an executive session pursuant to   206          

division (G)(1) of this section, the motion and vote to hold that  207          

executive session shall state which one or more of the approved    208          

purposes listed in division (G)(1) of this section are the         209          

purposes for which the executive session is to be held, but need   210          

not include the name of any person to be considered at the         211          

meeting.                                                                        

      (2)  To consider the purchase of property for public         213          

purposes, or for the sale of property at competitive bidding, if   214          

premature disclosure of information would give an unfair           215          

competitive or bargaining advantage to a person whose personal,    216          

private interest is adverse to the general public interest.  No    217          

member of a public body shall use division (G)(2) of this section  219          

                                                          6      


                                                                 
as a subterfuge for providing covert information to prospective    221          

buyers or sellers.  A purchase or sale of public property is void  222          

if the seller or buyer of the public property has received covert  223          

information from a member of a public body that has not been       224          

disclosed to the general public in sufficient time for other       225          

prospective buyers and sellers to prepare and submit offers.       226          

      If the minutes of the public body show that all meetings     228          

and deliberations of the public body have been conducted in        229          

compliance with this section, any instrument executed by the       230          

public body purporting to convey, lease, or otherwise dispose of   231          

any right, title, or interest in any public property shall be      232          

conclusively presumed to have been executed in compliance with     233          

this section insofar as title or other interest of any bona fide   234          

purchasers, lessees, or transferees of the property is concerned.  235          

      (3)  Conferences with an attorney for the public body        237          

concerning disputes involving the public body that are the         238          

subject of pending or imminent court action;                       239          

      (4)  Preparing for, conducting, or reviewing negotiations    241          

or bargaining sessions with public employees concerning their      242          

compensation or other terms and conditions of their employment;    243          

      (5)  Matters required to be kept confidential by federal     245          

law or regulations or state statutes;                              246          

      (6)  Specialized details of security arrangements if         248          

disclosure of the matters discussed might reveal information that  249          

could be used for the purpose of committing, or avoiding           250          

prosecution for, a violation of the law;                           251          

      (7)  In the case of a county hospital operated pursuant to   253          

Chapter 339. of the Revised Code, to consider trade secrets, as    255          

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  257          

of the matters listed in divisions (G)(2) to (7) of this section,  259          

the motion and vote to hold that executive session shall state     260          

which one or more of the approved matters listed in those          261          

divisions are to be considered at the executive session.           262          

                                                          7      


                                                                 
      A public body specified in division (B)(1)(c) of this        265          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               266          

      (H)  A resolution, rule, or formal action of any kind is     268          

invalid unless adopted in an open meeting of the public body.  A   269          

resolution, rule, or formal action adopted in an open meeting      270          

that results from deliberations in a meeting not open to the       271          

public is invalid unless the deliberations were for a purpose      272          

specifically authorized in division (G) or (J) of this section     273          

and conducted at an executive session held in compliance with      274          

this section.  A resolution, rule, or formal action adopted in an  275          

open meeting is invalid if the public body that adopted the        276          

resolution, rule, or formal action violated division (F) of this   277          

section.                                                           278          

      (I)(1)  Any person may bring an action to enforce this       280          

section.  An action under division (I)(1) of this section shall    282          

be brought within two years after the date of the alleged          283          

violation or threatened violation.  Upon proof of a violation or   284          

threatened violation of this section in an action brought by any   285          

person, the court of common pleas shall issue an injunction to     286          

compel the members of the public body to comply with its           287          

provisions.                                                        288          

      (2)(a)  If the court of common pleas issues an injunction    290          

pursuant to division (I)(1) of this section, the court shall       291          

order the public body that it enjoins to pay a civil forfeiture    292          

of five hundred dollars to the party that sought the injunction    293          

and shall award to that party all court costs and, subject to      294          

reduction as described in division (I)(2) of this section,         296          

reasonable attorney's fees.  The court, in its discretion, may     297          

reduce an award of attorney's fees to the party that sought the    298          

injunction or not award attorney's fees to that party if the       299          

court determines both of the following:                            300          

      (i)  That, based on the ordinary application of statutory    302          

law and case law as it existed at the time of violation or         303          

                                                          8      


                                                                 
threatened violation that was the basis of the injunction, a       304          

well-informed public body reasonably would believe that the        305          

public body was not violating or threatening to violate this       306          

section;                                                           307          

      (ii)  That a well-informed public body reasonably would      309          

believe that the conduct or threatened conduct that was the basis  310          

of the injunction would serve the public policy that underlies     311          

the authority that is asserted as permitting that conduct or       312          

threatened conduct.                                                313          

      (b)  If the court of common pleas does not issue an          315          

injunction pursuant to division (I)(1) of this section and the     316          

court determines at that time that the bringing of the action was  317          

frivolous conduct, as defined in division (A) of section 2323.51   318          

of the Revised Code, the court shall award to the public body all  319          

court costs and reasonable attorney's fees, as determined by the   320          

court.                                                             321          

      (3)  Irreparable harm and prejudice to the party that        323          

sought the injunction shall be conclusively and irrebuttably       324          

presumed upon proof of a violation or threatened violation of      325          

this section.                                                      326          

      (4)  A member of a public body who knowingly violates an     328          

injunction issued pursuant to division (I)(1) of this section may  329          

be removed from office by an action brought in the court of        330          

common pleas for that purpose by the prosecuting attorney or the   331          

attorney general.                                                  332          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   334          

Revised Code, a veterans service commission shall hold an          335          

executive session for one or more of the following purposes        336          

unless an applicant requests a public hearing:                     337          

      (a)  Interviewing an applicant for financial assistance      339          

under sections 5901.01 to 5901.15 of the Revised Code;             340          

      (b)  Discussing applications, statements, and other          342          

documents described in division (B) of section 5901.09 of the      343          

Revised Code;                                                      344          

                                                          9      


                                                                 
      (c)  Reviewing matters relating to an applicant's request    346          

for financial assistance under sections 5901.01 to 5901.15 of the  347          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      349          

applicant for, recipient of, or former recipient of financial      350          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  351          

and shall not exclude representatives selected by the applicant,   353          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   354          

applicant's, recipient's, or former recipient's application for    355          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   357          

or denial of financial assistance under sections 5901.01 to        358          

5901.15 of the Revised Code only in an open meeting of the         360          

commission.  The minutes of the meeting shall indicate the name,   361          

address, and occupation of the applicant, whether the assistance   362          

was granted or denied, the amount of the assistance if assistance  363          

is granted, and the votes for and against the granting of          364          

assistance.                                                                     

      Sec. 3313.68.  The board of education of each city,          373          

exempted village, or local school district may appoint one or      374          

more school physicians and one or more school dentists.  Two or    375          

more school districts may unite and employ one such physician and  376          

at least one such dentist whose duties shall be such as are        377          

prescribed by law.  Said school physician shall hold a license to  378          

practice medicine in Ohio, and each school dentist shall be        379          

licensed to practice in this state.  School physicians and         380          

dentists may be discharged at any time by the board of education.  381          

School physicians and dentists shall serve one year and until      382          

their successors are appointed and shall receive such              383          

compensation as the board of education determines.  The board of   384          

education may also employ registered nurses, as defined by         385          

section 4723.02 4723.01 and licensed as school nurses under        387          

section 3319.22 of the Revised Code, to aid in such inspection in  388          

                                                          10     


                                                                 
such ways as are prescribed by it, and to aid in the conduct and                

coordination of the school health service program.  The school     389          

dentists shall make such examinations and diagnoses and render     390          

such remedial or corrective treatment for the school children as   391          

is prescribed by the board of education; provided that all such    392          

remedial or corrective treatment shall be limited to the children  393          

whose parents cannot otherwise provide for same, and then only     394          

with the written consent of the parents or guardians of such       395          

children.  School dentists may also conduct such oral hygiene      396          

educational work as is authorized by the board of education.       397          

      The board of education may delegate the duties and powers    399          

provided for in this section to the board of health or officer     400          

performing the functions of a board of health within the school    401          

district, if such board or officer is willing to assume the same.  402          

Boards of education shall co-operate with boards of health in the  403          

prevention and control of epidemics.                               404          

      Sec. 3701.85.  (A)  As used in this section:                 413          

      (1)  "Automated external defibrillation" has the same        415          

meaning as in section 2305.235 of the Revised Code.                416          

      (2)  "Emergency medical services organization" has the same  418          

meaning as in section 4765.01 of the Revised Code.                 419          

      (3)  "Emergency medical service provider" means a person     421          

who is an "emergency medical technician-basic," "emergency         422          

medical technician-intermediate," "emergency medical               423          

technician-paramedic," or "first responder" as defined in section  425          

4765.01 of the Revised Code.                                       426          

      (4)  "Physician" has the same meaning as in section 4765.01  429          

of the Revised Code.                                                            

      (5)  "Registered nurse" and "licensed practical nurse" have  432          

the same meanings as in section 4723.02 4723.01 of the Revised     433          

Code.                                                                           

      (B)  A person who possesses an automated external            435          

defibrillator shall do all of the following:                       436          

      (1)  Require expected users to complete successfully a       438          

                                                          11     


                                                                 
course in automated external defibrillation and cardiopulmonary    439          

resuscitation that is offered or approved by the American heart    440          

association or another nationally recognized organization;         441          

      (2)  Maintain and test the defibrillator according to the    443          

manufacturer's guidelines;                                         444          

      (3)  Consult with a physician regarding compliance with the  446          

requirements of divisions (B)(1) and (2) of this section.          447          

      (C)  A person who possesses an automated external            449          

defibrillator may notify an emergency medical services             450          

organization of the location of the defibrillator.                 451          

      (D)  A person who has obtained appropriate training on how   454          

to perform automated external defibrillation and has successfully  455          

completed a course in cardiopulmonary resuscitation may perform    456          

automated external defibrillation, regardless of whether the       457          

person is a physician, registered nurse, licensed practical        458          

nurse, or emergency medical service provider.  When automated      459          

external defibrillation is not performed as part of an emergency   460          

medical services system or at a hospital as defined in section     461          

3727.01 of the Revised Code, an emergency medical services system  462          

shall be activated as soon as possible.                            463          

      Sec. 3702.51.  As used in sections 3702.51 to 3702.62 of     472          

the Revised Code:                                                  473          

      (A)  "Applicant" means any person that submits an            475          

application for a certificate of need and who is designated in     476          

the application as the applicant.                                  477          

      (B)  "Person" means any individual, corporation, business    479          

trust, estate, firm, partnership, association, joint stock         480          

company, insurance company, government unit, or other entity.      481          

      (C)  "Certificate of need" means a written approval granted  483          

by the director of health to an applicant to authorize conducting  484          

a reviewable activity.                                             485          

      (D)  "Health service area" means a geographic region         487          

designated by the director of health under section 3702.58 of the  488          

Revised Code.                                                      489          

                                                          12     


                                                                 
      (E)  "Health service" means a clinically related service,    491          

such as a diagnostic, treatment, rehabilitative, or preventive     492          

service.                                                           493          

      (F)  "Health service agency" means an agency designated to   495          

serve a health service area in accordance with section 3702.58 of  496          

the Revised Code.                                                  497          

      (G)  "Health care facility" means:                           499          

      (1)  A hospital registered under section 3701.07 of the      501          

Revised Code;                                                      502          

      (2)  A nursing home licensed under section 3721.02 of the    504          

Revised Code, or by a political subdivision certified under        505          

section 3721.09 of the Revised Code;                               506          

      (3)  A county home or a county nursing home as defined in    508          

section 5155.31 of the Revised Code that is certified under Title  509          

XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935),    510          

42 U.S.C.A. 301, as amended;                                       511          

      (4)  A freestanding dialysis center;                         513          

      (5)  A freestanding inpatient rehabilitation facility;       515          

      (6)  An ambulatory surgical facility;                        517          

      (7)  A freestanding cardiac catheterization facility;        519          

      (8)  A freestanding birthing center;                         521          

      (9)  A freestanding or mobile diagnostic imaging center;     523          

      (10)  A freestanding radiation therapy center.               525          

      A health care facility does not include the offices of       527          

private physicians and dentists whether for individual or group    528          

practice, residential facilities licensed under section 5123.19    530          

of the Revised Code, or habilitation centers certified by the      531          

director of mental retardation and developmental disabilities                   

under section 5123.041 of the Revised Code, or an institution for  532          

the sick that is operated exclusively for patients who use         533          

spiritual means for healing and for whom the acceptance of         534          

medical care is inconsistent with their religious beliefs,         535          

accredited by a national accrediting organization, exempt from     536          

federal income taxation under section 501 of the Internal Revenue  537          

                                                          13     


                                                                 
Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and       538          

providing twenty-four hour nursing care pursuant to the exemption               

in division (G)(E) of section 4723.32 of the Revised Code from     539          

the licensing requirements of Chapter 4723. of the Revised Code.   540          

      (H)  "Medical equipment" means a single unit of medical      542          

equipment or a single system of components with related functions  543          

that is used to provide health services.                           544          

      (I)  "Third-party payer" means a health insuring             546          

corporation licensed under Chapter 1751. of the Revised Code, a    549          

health maintenance organization as defined in division (K) of      550          

this section, an insurance company that issues sickness and        551          

accident insurance in conformity with Chapter 3923. of the         552          

Revised Code, a state-financed health insurance program under      553          

Chapter 3701., 4123., or 5111. of the Revised Code, or any         554          

self-insurance plan.                                                            

      (J)  "Government unit" means the state and any county,       556          

municipal corporation, township, or other political subdivision    557          

of the state, or any department, division, board, or other agency  558          

of the state or a political subdivision.                           559          

      (K)  "Health maintenance organization" means a public or     561          

private organization organized under the law of any state that is  562          

qualified under section 1310(d) of Title XIII of the "Public       563          

Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.        565          

      (L)  "Existing health care facility" means a health care     567          

facility that is licensed or otherwise approved to practice in     568          

this state, in accordance with applicable law, is staffed and      569          

equipped to provide health care services, and actively provides    570          

health services or has not been actively providing health          571          

services for less than twelve consecutive months.                  572          

      (M)  "State" means the state of Ohio, including, but not     574          

limited to, the general assembly, the supreme court, the offices   575          

of all elected state officers, and all departments, boards,        576          

offices, commissions, agencies, institutions, and other            577          

instrumentalities of the state of Ohio.  "State" does not include  578          

                                                          14     


                                                                 
political subdivisions.                                            579          

      (N)  "Political subdivision" means a municipal corporation,  581          

township, county, school district, and all other bodies corporate  582          

and politic responsible for governmental activities only in        583          

geographic areas smaller than that of the state to which the       584          

sovereign immunity of the state attaches.                          585          

      (O)  "Affected person" means:                                587          

      (1)  An applicant for a certificate of need, including an    589          

applicant whose application was reviewed comparatively with the    590          

application in question;                                           591          

      (2)  The person that requested the reviewability ruling in   593          

question;                                                                       

      (3)  Any person that resides or regularly uses health care   595          

facilities within the geographic area served or to be served by    596          

the health care services that would be provided under the          597          

certificate of need or reviewability ruling in question;           598          

      (4)  Any health care facility that is located in the health  600          

service area where the health care services would be provided      601          

under the certificate of need or reviewability ruling in           602          

question;                                                                       

      (5)  Third-party payers that reimburse health care           604          

facilities for services in the health service area where the       605          

health care services would be provided under the certificate of    606          

need or reviewability ruling in question;                          607          

      (6)  Any other person who testified at a public hearing      609          

held under division (B) of section 3702.52 of the Revised Code or  610          

submitted written comments in the course of review of the          611          

certificate of need application in question.                       612          

      (P)  "Osteopathic hospital" means a hospital registered      614          

under section 3701.07 of the Revised Code that advocates           615          

osteopathic principles and the practice and perpetuation of        616          

osteopathic medicine by doing any of the following:                617          

      (1)  Maintaining a department or service of osteopathic      619          

medicine or a committee on the utilization of osteopathic          620          

                                                          15     


                                                                 
principles and methods, under the supervision of an osteopathic    621          

physician;                                                         622          

      (2)  Maintaining an active medical staff, the majority of    624          

which is comprised of osteopathic physicians;                      625          

      (3)  Maintaining a medical staff executive committee that    627          

has osteopathic physicians as a majority of its members.           628          

      (Q)  "Ambulatory surgical facility" has the same meaning as  630          

in section 3702.30 of the Revised Code.                            631          

      (R)  Except as otherwise provided in division (T) of this    633          

section, and until the termination date specified in section       634          

3702.511 of the Revised Code, "reviewable activity" means any of   635          

the following:                                                                  

      (1)  The addition by any person of any of the following      638          

health services, regardless of the amount of operating costs or    639          

capital expenditures:                                              640          

      (a)  A heart, heart-lung, lung, liver, kidney, bowel,        642          

pancreas, or bone marrow transplantation service, a stem cell      643          

harvesting and reinfusion service, or a service for                644          

transplantation of any other organ unless transplantation of the   645          

organ is designated by public health council rule not to be a      646          

reviewable activity;                                               647          

      (b)  A cardiac catheterization service;                      649          

      (c)  An open-heart surgery service;                          651          

      (d)  Any new, experimental medical technology that is        654          

designated by rule of the public health council.                                

      (2)  The acceptance of high-risk patients, as defined in     656          

rules adopted under section 3702.57 of the Revised Code, by any    657          

cardiac catheterization service that was initiated without a       658          

certificate of need pursuant to division (R)(3)(b) of the version  660          

of this section in effect immediately prior to April 20, 1995;     662          

      (3)(a)  The establishment, development, or construction of   664          

a new health care facility other than a new long-term care         665          

facility or a new hospital;                                        666          

      (b)  The establishment, development, or construction of a    668          

                                                          16     


                                                                 
new hospital or the relocation of an existing hospital;            669          

      (c)  The relocation of hospital beds, other than long-term   671          

care, perinatal, or pediatric intensive care beds, into or out of  672          

a rural area.                                                      673          

      (4)(a)  The replacement of an existing hospital;             675          

      (b)  The replacement of an existing hospital obstetric or    677          

newborn care unit or freestanding birthing center.                 679          

      (5)(a)  The renovation of a hospital that involves a         683          

capital expenditure, obligated on or after the effective date of                

this amendment, of five million dollars or more, not including     685          

expenditures for equipment, staffing, or operational costs.  For                

purposes of division (R)(5)(a) of this section, a capital          687          

expenditure is obligated:                                                       

      (i)  When a contract enforceable under Ohio law is entered   689          

into for the construction, acquisition, lease, or financing of a   690          

capital asset;                                                     691          

      (ii)  When the governing body of a hospital takes formal     693          

action to commit its own funds for a construction project          694          

undertaken by the hospital as its own contractor;                  695          

      (iii)  In the case of donated property, on the date the      697          

gift is completed under applicable Ohio law.                       698          

      (b)  The renovation of a hospital obstetric or newborn care  700          

unit or freestanding birthing center that involves a capital       702          

expenditure of five million dollars or more, not including         703          

expenditures for equipment, staffing, or operational costs.        704          

      (6)  Any change in the health care services, bed capacity,   706          

or site, or any other failure to conduct the reviewable activity   707          

in substantial accordance with the approved application for which  708          

a certificate of need was granted, if the change is made prior to  709          

the date the activity for which the certificate was issued ceases  710          

to be a reviewable activity;                                       711          

      (7)  Any of the following changes in perinatal bed capacity  713          

or pediatric intensive care bed capacity:                          714          

      (a)  An increase in bed capacity;                            716          

                                                          17     


                                                                 
      (b)  A change in service or service-level designation of     719          

newborn care beds or obstetric beds in a hospital or freestanding  720          

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

within the service-level designation of newborn care or obstetric  721          

beds as registered by the department of health;                    722          

      (c)  A relocation of perinatal or pediatric intensive care   725          

beds from one physical facility or site to another, excluding the  726          

relocation of beds within a hospital or freestanding birthing      727          

center or the relocation of beds among buildings of a hospital or  729          

freestanding birthing center at the same site.                     730          

      (8)  The expenditure of more than one hundred ten per cent   732          

of the maximum expenditure specified in a certificate of need;     733          

      (9)  Any transfer of a certificate of need issued prior to   735          

April 20, 1995, from the person to whom it was issued to another   737          

person before the project that constitutes a reviewable activity   738          

is completed, any agreement that contemplates the transfer of a    739          

certificate of need issued prior to that date upon completion of   741          

the project, and any transfer of the controlling interest in an    742          

entity that holds a certificate of need issued prior to that                    

date.  However, the transfer of a certificate of need issued       743          

prior to that date or agreement to transfer such a certificate of  745          

need from the person to whom the certificate of need was issued    746          

to an affiliated or related person does not constitute a           747          

reviewable transfer of a certificate of need for the purposes of   748          

this division, unless the transfer results in a change in the      749          

person that holds the ultimate controlling interest in the         750          

certificate of need.                                                            

      (10)(a)  The acquisition by any person of any of the         752          

following medical equipment, regardless of the amount of           754          

operating costs or capital expenditure:                                         

      (i)  A cobalt radiation therapy unit;                        756          

      (ii)  A linear accelerator;                                  758          

      (iii)  A gamma knife unit.                                   760          

      (b)  The acquisition by any person of medical equipment      762          

                                                          18     


                                                                 
with a cost of two million dollars or more.  The cost of           763          

acquiring medical equipment includes the sum of the following:     764          

      (i)  The greater of its fair market value or the cost of     766          

its lease or purchase;                                             767          

      (ii)  The cost of installation and any other activities      769          

essential to the acquisition of the equipment and its placement    770          

into service.                                                                   

      (11)  The addition of another cardiac catheterization        773          

laboratory to an existing cardiac catheterization service.         774          

      (S)  Except as provided in division (T) of this section,     777          

"reviewable activity" also means any of the following activities,  779          

none of which are subject to a termination date:                                

      (1)  The establishment, development, or construction of a    781          

new long-term care facility;                                       782          

      (2)  The replacement of an existing long-term care           784          

facility;                                                          785          

      (3)  The renovation of a long-term care facility that        787          

involves a capital expenditure of two million dollars or more,     788          

not including expenditures for equipment, staffing, or             789          

operational costs;                                                 790          

      (4)  Any of the following changes in long-term care bed      792          

capacity:                                                          793          

      (a)  An increase in bed capacity;                            795          

      (b)  A relocation of beds from one physical facility or      798          

site to another, excluding the relocation of beds within a         799          

long-term care facility or among buildings of a long-term care     800          

facility at the same site;                                                      

      (c)  A recategorization of hospital beds registered under    803          

section 3701.07 of the Revised Code from another registration      805          

category to skilled nursing beds or long-term care beds.           806          

      (5)  Any change in the health services, bed capacity, or     808          

site, or any other failure to conduct the reviewable activity in   809          

substantial accordance with the approved application for which a   810          

certificate of need concerning long-term care beds was granted,    811          

                                                          19     


                                                                 
if the change is made within five years after the implementation   812          

of the reviewable activity for which the certificate was granted;  814          

      (6)  The expenditure of more than one hundred ten per cent   816          

of the maximum expenditure specified in a certificate of need      817          

concerning long-term care beds;                                    818          

      (7)  Any transfer of a certificate of need that concerns     820          

long-term care beds and was issued prior to April 20, 1995, from   822          

the person to whom it was issued to another person before the      823          

project that constitutes a reviewable activity is completed, any   824          

agreement that contemplates the transfer of such a certificate of  825          

need upon completion of the project, and any transfer of the       826          

controlling interest in an entity that holds such a certificate    827          

of need.  However, the transfer of a certificate of need that      828          

concerns long-term care beds and was issued prior to April 20,     830          

1995, or agreement to transfer such a certificate of need from     831          

the person to whom the certificate was issued to an affiliated or  832          

related person does not constitute a reviewable transfer of a      833          

certificate of need for purposes of this division, unless the      834          

transfer results in a change in the person that holds the          835          

ultimate controlling interest in the certificate of need.          836          

      (T)  "Reviewable activity" does not include any of the       838          

following activities:                                              839          

      (1)  Acquisition of computer hardware or software;           841          

      (2)  Acquisition of a telephone system;                      843          

      (3)  Construction or acquisition of parking facilities;      845          

      (4)  Correction of cited deficiencies that are in violation  847          

of federal, state, or local fire, building, or safety laws and     848          

rules and that constitute an imminent threat to public health or   849          

safety;                                                            850          

      (5)  Acquisition of an existing health care facility that    852          

does not involve a change in the number of the beds, by service,   853          

or in the number or type of health services;                       854          

      (6)  Correction of cited deficiencies identified by          856          

accreditation surveys of the joint commission on accreditation of  857          

                                                          20     


                                                                 
healthcare organizations or of the American osteopathic            858          

association;                                                       859          

      (7)  Acquisition of medical equipment to replace the same    861          

or similar equipment for which a certificate of need has been      862          

issued if the replaced equipment is removed from service;          863          

      (8)  Mergers, consolidations, or other corporate             865          

reorganizations of health care facilities that do not involve a    866          

change in the number of beds, by service, or in the number or      867          

type of health services;                                           868          

      (9)  Construction, repair, or renovation of bathroom         870          

facilities;                                                        871          

      (10)  Construction of laundry facilities, waste disposal     873          

facilities, dietary department projects, heating and air           874          

conditioning projects, administrative offices, and portions of     875          

medical office buildings used exclusively for physician services;  876          

      (11)  Acquisition of medical equipment to conduct research   878          

required by the United States food and drug administration or      879          

clinical trials sponsored by the national institute of health.     880          

Use of medical equipment that was acquired without a certificate   881          

of need under division (T)(11) of this section and for which       883          

premarket approval has been granted by the United States food and  884          

drug administration to provide services for which patients or      885          

reimbursement entities will be charged shall be a reviewable       886          

activity.                                                          887          

      (12)  Removal of asbestos from a health care facility.       889          

      Only that portion of a project that meets the requirements   891          

of division (T) of this section is not a reviewable activity.      893          

      (U)  "Small rural hospital" means a hospital that is         895          

located within a rural area, has fewer than one hundred beds, and  897          

to which fewer than four thousand persons were admitted during     898          

the most recent calendar year.                                                  

      (V)  "Children's hospital" means any of the following:       900          

      (1)  A hospital registered under section 3701.07 of the      902          

Revised Code that provides general pediatric medical and surgical  903          

                                                          21     


                                                                 
care, and in which at least seventy-five per cent of annual        904          

inpatient discharges for the preceding two calendar years were     905          

individuals less than eighteen years of age;                       906          

      (2)  A distinct portion of a hospital registered under       908          

section 3701.07 of the Revised Code that provides general          909          

pediatric medical and surgical care, has a total of at least one   910          

hundred fifty registered pediatric special care and pediatric      911          

acute care beds, and in which at least seventy-five per cent of    912          

annual inpatient discharges for the preceding two calendar years   913          

were individuals less than eighteen years of age;                  914          

      (3)  A distinct portion of a hospital, if the hospital is    916          

registered under section 3701.07 of the Revised Code as a          917          

children's hospital and the children's hospital meets all the      918          

requirements of division (V)(1) of this section.                   919          

      (W)  "Long-term care facility" means any of the following:   921          

      (1)  A nursing home licensed under section 3721.02 of the    923          

Revised Code or by a political subdivision certified under         924          

section 3721.09 of the Revised Code;                               925          

      (2)  The portion of any facility, including a county home    927          

or county nursing home, that is certified as a skilled nursing     928          

facility or a nursing facility under Title XVIII or XIX of the     929          

"Social Security Act";                                                          

      (3)  The portion of any hospital that contains beds          931          

registered under section 3701.07 of the Revised Code as skilled    932          

nursing beds or long-term care beds.                               933          

      (X)  "Long-term care bed" means a bed in a long-term care    935          

facility.                                                                       

      (Y)  "Perinatal bed" means a bed in a hospital that is       937          

registered under section 3701.07 of the Revised Code as a newborn  938          

care bed or obstetric bed, or a bed in a freestanding birthing     939          

center.                                                                         

      (Z)  "Freestanding birthing center" means any facility in    941          

which deliveries routinely occur, regardless of whether the        943          

facility is located on the campus of another health care                        

                                                          22     


                                                                 
facility, and which is not licensed under Chapter 3711. of the     945          

Revised Code as a level one, two, or three maternity unit or a     947          

limited maternity unit.                                                         

      (AA)(1)  "Reviewability ruling" means a ruling issued by     949          

the director of health under division (A) of section 3702.52 of    950          

the Revised Code as to whether a particular proposed project is    951          

or is not a reviewable activity.                                   952          

      (2)  "Nonreviewability ruling" means a ruling issued under   954          

that division that a particular proposed project is not a          955          

reviewable activity.                                               956          

      (BB)(1)  "Metropolitan statistical area" means an area of    959          

this state designated a metropolitan statistical area or primary   960          

metropolitan statistical area in United States office of           962          

management and budget bulletin No. 93-17, June 30, 1993, and its   964          

attachments.                                                       965          

      (2)  "Rural area" means any area of this state not located   967          

within a metropolitan statistical area.                            968          

      Sec. 3719.13.  Prescriptions, orders, and records, required  977          

by Chapter 3719. of the Revised Code, and stocks of dangerous      978          

drugs and controlled substances, shall be open for inspection      979          

only to federal, state, county, and municipal officers, and        980          

employees of the state board of pharmacy whose duty it is to       981          

enforce the laws of this state or of the United States relating    982          

to controlled substances.  Such prescriptions, orders, records,    983          

and stocks shall be open for inspection by employees of the state  984          

medical board for purposes of enforcing Chapter 4731. of the       985          

Revised Code AND EMPLOYEES OF THE BOARD OF NURSING FOR PURPOSES    986          

OF ENFORCING CHAPTER 4723. OF THE REVISED CODE.  No person having  987          

knowledge of any such prescription, order, or record shall         988          

divulge such knowledge, except in connection with a prosecution    989          

or proceeding in court or before a licensing or registration       990          

board or officer, to which prosecution or proceeding the person    991          

to whom such prescriptions, orders, or records relate is a party.  992          

      Sec. 3721.34.  For purposes of implementing sections         1,001        

                                                          23     


                                                                 
3721.28 to 3721.33 of the Revised Code, the director of health     1,002        

may advise, consult or cooperate with, or enter into agreements    1,003        

with the board of nursing, other state agencies and, political     1,005        

subdivisions, the federal government, or any person.  The          1,007        

director may enter into agreements that provide for the board of   1,008        

nursing or another A state agency to do any of the following:      1,009        

      (A)  Approve or reapprove, in accordance with division (A)   1,011        

of section 3721.31 of the Revised Code and the rules adopted by    1,012        

the director under section 3721.30 of the Revised Code,            1,013        

competency evaluation programs and training and competency         1,014        

evaluation programs, or, in accordance with rules adopted by the   1,015        

director under section 3721.30 of the Revised Code, programs to    1,016        

train instructors and coordinators for training and competency     1,017        

evaluation programs and evaluators for competency evaluation       1,018        

programs, and to perform any functions related to approval and     1,019        

reapproval of those programs including any of the following:       1,020        

      (1)  Conduct adjudications under Chapter 119. of the         1,022        

Revised Code;                                                      1,023        

      (2)  Conduct the inspections and examinations described in   1,025        

division (A)(5) or (D) of section 3721.31 of the Revised Code;     1,026        

      (3)  Deny, suspend, or revoke approval or reapproval, in     1,028        

accordance with Chapter 119. of the Revised Code, of programs      1,029        

that are not in compliance with sections 3721.30 and 3721.31 of    1,030        

the Revised Code and the rules adopted thereunder;                 1,031        

      (4)  Collect the fees described in division (G) of section   1,033        

3721.31 of the Revised Code in the amounts prescribed in rules     1,034        

adopted by the director of health under section 3721.30 of the     1,035        

Revised Code and deposit them into the nurse aide training fund    1,036        

created by section 3721.33 of the Revised Code.                    1,037        

      (B)  Approve or deny, in accordance with Chapter 119. of     1,039        

the Revised Code, the requests described in division (B)(2) of     1,040        

section 3721.31 of the Revised Code.                               1,041        

      Sec. 3727.01.  As used in this section, "health maintenance  1,050        

organization" means a public or private organization organized     1,051        

                                                          24     


                                                                 
under the law of any state that is qualified under section         1,052        

1310(d) of Title XIII of the "Public Health Service Act," 87       1,053        

Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the        1,054        

following:                                                         1,055        

      (A)  Provides or otherwise makes available to enrolled       1,057        

participants health care services including at least the           1,058        

following basic health care services:  usual physician services,   1,059        

hospitalization, laboratory, x-ray, emergency and preventive       1,060        

service, and out-of-area coverage;                                 1,061        

      (B)  Is compensated, except for copayments, for the          1,063        

provision of basic health care services to enrolled participants   1,064        

by a payment that is paid on a periodic basis without regard to    1,065        

the date the health care services are provided and that is fixed   1,066        

without regard to the frequency, extent, or kind of health         1,067        

service actually provided;                                         1,068        

      (C)  Provides physician services primarily in either of the  1,070        

following ways:                                                    1,071        

      (1)  Directly through physicians who are either employees    1,073        

or partners of the organization;                                   1,074        

      (2)  Through arrangements with individual physicians or one  1,076        

or more groups of physicians organized on a group practice or      1,077        

individual practice basis.                                         1,078        

      As used in this chapter, "hospital" means an institution     1,080        

classified as a hospital under section 3701.07 of the Revised      1,081        

Code in which are provided to inpatients diagnostic, medical,      1,082        

surgical, obstetrical, psychiatric, or rehabilitation care for a   1,083        

continuous period longer than twenty-four hours; a tuberculosis    1,084        

hospital; or a hospital operated by a health maintenance           1,085        

organization.  "Hospital" does not include a facility licensed     1,086        

under Chapter 3721. of the Revised Code, a health care facility    1,087        

operated by the department of mental health or the department of   1,088        

mental retardation and developmental disabilities, a health        1,089        

maintenance organization that does not operate a hospital, the     1,090        

office of any private licensed health care professional, whether   1,091        

                                                          25     


                                                                 
organized for individual or group practice, or a clinic that       1,092        

provides ambulatory patient services and where patients are not    1,093        

regularly admitted as inpatients.  "Hospital" also does not        1,094        

include an institution for the sick that is operated exclusively   1,096        

for patients who use spiritual means for healing and for whom the  1,097        

acceptance of medical care is inconsistent with their religious    1,098        

beliefs, accredited by a national accrediting organization,                     

exempt from federal income taxation under section 501 of the       1,099        

Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as   1,101        

amended, and providing twenty-four hour nursing care pursuant to   1,102        

the exemption in division (G)(E) of section 4723.32 of the         1,103        

Revised Code from the licensing requirements of Chapter 4723. of   1,104        

the Revised Code.                                                               

      Sec. 4723.02 4723.01.  As used in this chapter:              1,113        

      (A)  "Registered nurse" means an individual who holds a      1,115        

current, valid license issued under this chapter that authorizes   1,116        

the practice of nursing as a registered nurse.                     1,117        

      (B)  "Practice of nursing as a registered nurse" means       1,119        

providing to individuals and groups nursing care requiring         1,120        

specialized knowledge, judgment, and skill derived from the        1,121        

principles of biological, physical, behavioral, social, and        1,122        

nursing sciences.  Such nursing care includes:                     1,123        

      (1)  Identifying patterns of human responses to actual or    1,125        

potential health problems amenable to a nursing regimen;           1,126        

      (2)  Executing a nursing regimen through the selection,      1,128        

performance, management, and evaluation of nursing actions;        1,129        

      (3)  Assessing health status for the purpose of providing    1,131        

nursing care;                                                      1,132        

      (4)  Providing health counseling and health teaching;        1,134        

      (5)  Administering medications, treatments, and executing    1,136        

regimens authorized by an individual who is authorized to          1,138        

practice in this state and is acting within the course of the                   

individual's professional practice;                                1,139        

      (6)  Teaching, administering, supervising, delegating, and   1,141        

                                                          26     


                                                                 
evaluating nursing practice.                                       1,142        

      (C)  "Nursing regimen" may include preventative,             1,144        

restorative, and health-promotion activities.                      1,145        

      (D)  "Assessing health status" means the collection of data  1,147        

through nursing assessment techniques, which may include           1,148        

interviews, observation, and physical evaluations for the purpose  1,149        

of providing nursing care.                                         1,150        

      (E)  "Licensed practical nurse" means an individual who      1,152        

holds a current, valid license issued under this chapter that      1,153        

authorizes the practice of nursing as a licensed practical nurse.  1,154        

      (F)  "The practice of nursing as a licensed practical        1,156        

nurse" means providing to individuals and groups nursing care      1,157        

requiring the application of basic knowledge of the biological,    1,158        

physical, behavioral, social, and nursing sciences at the          1,159        

direction of a licensed physician, dentist, podiatrist,            1,160        

optometrist, CHIROPRACTOR, or registered nurse.  Such nursing      1,161        

care includes:                                                     1,162        

      (1)  Observation, patient teaching, and care in a diversity  1,164        

of health care settings;                                           1,165        

      (2)  Contributions to the planning, implementation, and      1,167        

evaluation of nursing;                                             1,168        

      (3)  Administration of medications and treatments            1,170        

authorized by an individual who is authorized to practice in this  1,172        

state and is acting within the course of the individual's          1,173        

professional practice, except that administration of intravenous   1,174        

therapy shall be performed only in accordance with section                      

4723.17 of the Revised Code.  Medications may be administered by   1,176        

a licensed practical nurse upon proof of completion of a course    1,177        

in medication administration approved by the board of nursing.     1,178        

      (4)  Administration to an adult of intravenous therapy       1,180        

authorized by an individual who is authorized to practice in this  1,181        

state and is acting within the course of the individual's          1,182        

professional practice, on the condition that the licensed          1,183        

practical nurse is authorized by the board of nursing pursuant to  1,184        

                                                          27     


                                                                 
section 4723.17 of the Revised Code to perform intravenous         1,185        

therapy and performs intravenous therapy only in accordance with   1,187        

section 4723.17 of the Revised Code.                               1,188        

      (G)  "Certified registered nurse anesthetist" means a        1,191        

registered nurse who holds a valid certificate of authority        1,192        

issued under this chapter that authorizes the practice of nursing  1,193        

as a certified registered nurse anesthetist in accordance with     1,194        

section 4723.43 of the Revised Code and rules adopted by the       1,195        

board of nursing.                                                  1,196        

      (H)  "Clinical nurse specialist" means a registered nurse    1,199        

who holds a valid certificate of authority issued under this       1,200        

chapter that authorizes the practice of nursing as a clinical      1,201        

nurse specialist in accordance with section 4723.43 of the         1,202        

Revised Code and rules adopted by the board of nursing.            1,203        

      (I)  "Certified nurse-midwife" means a registered nurse who  1,205        

holds a valid certificate of authority issued under this chapter   1,206        

that authorizes the practice of nursing as a certified             1,207        

nurse-midwife in accordance with section 4723.43 of the Revised    1,208        

Code and rules adopted by the board of nursing.                    1,209        

      (J)  "Certified nurse practitioner" means a registered       1,211        

nurse who holds a valid certificate of authority issued under      1,212        

this chapter that authorizes the practice of nursing as a          1,213        

certified nurse practitioner in accordance with section 4723.43    1,214        

of the Revised Code and rules adopted by the board of nursing.     1,216        

      (K)  "Physician" means an individual authorized under        1,219        

Chapter 4731. of the Revised Code to practice medicine and         1,221        

surgery or osteopathic medicine and surgery.                                    

      (L)  "Collaboration" or "collaborating" means the            1,223        

following:                                                         1,224        

      (1)  In the case of a clinical nurse specialist, except as   1,227        

provided in division (L)(3) of this section, or a certified nurse  1,228        

practitioner, that one or more podiatrists acting within the       1,230        

scope of practice of podiatry in accordance with section 4731.51   1,231        

of the Revised Code and with whom the nurse has entered into a     1,232        

                                                          28     


                                                                 
standard care arrangement or one or more physicians with whom the  1,234        

nurse has entered into a standard care arrangement are             1,235        

continuously available to communicate with the clinical nurse      1,236        

specialist or certified nurse practitioner either in person or by  1,237        

radio, telephone, or other form of telecommunication;              1,238        

      (2)  In the case of a certified nurse-midwife, that one or   1,241        

more physicians with whom the certified nurse-midwife has entered               

into a standard care arrangement are continuously available to     1,243        

communicate with the certified nurse-midwife either in person or   1,244        

by radio, telephone, or other form of telecommunication;           1,245        

      (3)  In the case of a clinical nurse specialist who          1,247        

practices the nursing specialty of mental health or psychiatric    1,248        

mental health without being authorized to prescribe drugs and      1,249        

therapeutic devices, that one or more physicians are continuously  1,251        

available to communicate with the nurse either in person or by     1,252        

radio, telephone, or other form of telecommunication.              1,253        

      (M)  "Supervision," as it pertains to a certified            1,255        

registered nurse anesthetist, means that a the certified           1,257        

registered nurse anesthetist is under the direction of a           1,258        

podiatrist acting within the podiatrist's scope of practice in     1,259        

accordance with section 4731.51 of the Revised Code, a dentist     1,261        

acting within the dentist's scope of practice in accordance with   1,262        

Chapter 4715. of the Revised Code, or a physician, and, when       1,264        

administering anesthesia, the certified registered nurse           1,265        

anesthetist is in the immediate presence of the podiatrist,        1,266        

dentist, or physician.                                                          

      (N)  "Standard care arrangement," except as it pertains to   1,269        

an advanced practice nurse, means a written, formal guide for      1,270        

planning and evaluating a patient's health care that is developed  1,271        

by one or more collaborating physicians or podiatrists and a       1,272        

clinical nurse specialist, certified nurse-midwife, or certified   1,273        

nurse practitioner and meets the requirements of section 4723.431  1,274        

of the Revised Code.                                               1,275        

      (O)  "Advanced practice nurse," until three years and eight  1,277        

                                                          29     


                                                                 
months after this amendment MAY 17, 2000, means a registered       1,279        

nurse who is approved by the board of nursing under section        1,280        

4723.55 of the Revised Code to practice as an advanced practice    1,282        

nurse.                                                                          

      Sec. 4723.04 4723.02.  The state nurses' board shall be      1,291        

known as the board of nursing.  The board shall assume and         1,293        

exercise all the powers and perform all the duties conferred and   1,294        

imposed on it by this chapter concerning nurses and nursing and    1,295        

the regulation thereof.  The                                       1,296        

      THE board shall consist of thirteen members who shall be     1,299        

citizens of the United States and residents of Ohio.  Eight                     

members shall be registered nurses, each of whom shall be a        1,300        

graduate of an approved program of nursing education that          1,301        

prepares persons for licensure as a registered nurse, shall hold   1,302        

a currently active license issued under this chapter to practice   1,303        

nursing as a registered nurse, and shall have been actively        1,304        

engaged in the practice of nursing as a registered nurse for the   1,305        

five years immediately preceding the member's initial appointment  1,306        

to the board.  Of the eight members who are registered nurses, at  1,307        

least one shall hold a valid certificate of authority issued       1,308        

under this chapter that authorizes the practice of nursing as a    1,309        

certified registered nurse anesthetist, clinical nurse             1,310        

specialist, certified nurse-midwife, or certified nurse            1,311        

practitioner.  Four members shall be licensed practical nurses,    1,313        

each of whom shall be a graduate of an approved program of         1,314        

nursing education that prepares persons for licensure as a         1,315        

practical nurse, shall hold a currently active license issued      1,316        

under this chapter to practice nursing as a licensed practical     1,317        

nurse, and shall have been actively engaged in the practice of     1,318        

nursing as a licensed practical nurse for the five years           1,319        

immediately preceding the member's initial appointment to the      1,320        

board.  One member shall represent the interests of consumers of   1,321        

health care.  Neither this member nor any person in the member's   1,322        

immediate family shall be a member of or associated with a health  1,323        

                                                          30     


                                                                 
care provider or profession or shall have a financial interest in  1,324        

the delivery or financing of health care.  Representation of       1,325        

nursing service and nursing education and of the various           1,326        

geographical areas of the state shall be considered in making      1,327        

appointments.  As                                                  1,328        

      AS the term of any member of the board expires, a successor  1,331        

shall be appointed who has the qualifications the vacancy          1,332        

requires.  Terms of office shall be for five FOUR years,                        

commencing on the first day of January and ending on the           1,333        

thirty-first day of December.  Each                                1,334        

      A CURRENT OR FORMER BOARD MEMBER WHO HAS SERVED NOT MORE     1,336        

THAN ONE FULL TERM OR ONE FULL TERM AND NOT MORE THAN THIRTY       1,337        

MONTHS OF ANOTHER TERM MAY BE REAPPOINTED FOR ONE ADDITIONAL       1,338        

TERM.                                                                           

      EACH member shall hold office from the date of appointment   1,341        

until the end of the term for which the member was appointed.      1,342        

The term of a member shall expire if the member ceases to meet     1,343        

any requirement of this section for the member's position on the   1,344        

board.  Any member appointed to fill a vacancy occurring prior to  1,345        

the expiration of the term for which the member's predecessor was  1,346        

appointed shall hold office for the remainder of such term.  A     1,348        

person who has served a full term on the board or more than        1,349        

thirty months of the remainder of the term of a predecessor shall  1,350        

not be eligible for a subsequent appointment to the board.  Any    1,351        

member shall continue in office subsequent to the expiration date  1,352        

of the member's term until the member's successor takes office,    1,353        

or until a period of sixty days has elapsed, whichever occurs      1,354        

first.  Nursing                                                    1,355        

      NURSING organizations of this state may each submit to the   1,357        

governor the names of not more than five nominees for each         1,358        

position to be filled on the board.  From the names so submitted   1,359        

or from others, at the governor's discretion, the governor with    1,361        

the advice and consent of the senate shall make such               1,362        

appointments.                                                                   

                                                          31     


                                                                 
      Any member of the board may be removed by the governor for   1,364        

neglect of any duty required by law or for incompetency or         1,365        

unprofessional or dishonorable conduct, after a hearing as         1,366        

provided in Chapter 119. of the Revised Code.  Seven               1,367        

      SEVEN members of the board including at least four           1,370        

registered nurses and at least one licensed practical nurse shall  1,371        

at all times constitute a quorum.                                  1,372        

      Each member of the board shall receive an amount fixed       1,374        

pursuant to division (J) of section 124.15 of the Revised Code     1,375        

for each day in attendance at board meetings and in discharge of   1,376        

official duties, and in addition thereto, necessary expense        1,377        

incurred in the performance of such duties.                        1,378        

      The board shall elect one of its nurse members as president  1,380        

and one as vice-president.  THE BOARD SHALL ELECT ONE OF ITS       1,381        

REGISTERED NURSE MEMBERS TO SERVE AS THE SUPERVISING MEMBER FOR    1,382        

DISCIPLINARY MATTERS.                                                           

      The board may establish advisory groups to serve in          1,384        

consultation with the board or the executive director.  Each       1,385        

advisory group shall be given a specific charge in writing and     1,386        

shall report to the board.  Members of advisory groups shall       1,387        

serve without compensation but shall receive their actual and      1,388        

necessary expenses incurred in the performance of their official   1,389        

duties.                                                            1,390        

      Sec. 4723.021.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE    1,393        

BOARD OF NURSING, A CURRENT OR FORMER BOARD MEMBER, AN AGENT OF                 

THE BOARD, A REPRESENTATIVE OF THE BOARD, OR AN EMPLOYEE OF THE    1,395        

BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE     1,396        

RESULT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION      1,397        

RELATED TO OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO     1,398        

THIS CHAPTER.  IF A CURRENT OR FORMER BOARD MEMBER OR AGENT,       1,399        

REPRESENTATIVE, OR EMPLOYEE OF THE BOARD ASKS TO BE DEFENDED BY    1,400        

THE STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF ANY ACT,      1,402        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO THE          1,403        

PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN WRITING AT A  1,404        

                                                          32     


                                                                 
REASONABLE TIME BEFORE TRIAL AND THE PERSON REQUESTING DEFENSE     1,405        

COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION,    1,406        

THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE AND       1,407        

SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT.  AT   1,408        

NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT   1,409        

IS FOR PUNITIVE OR EXEMPLARY DAMAGES.                                           

      Sec. 4723.06.  (A)  The board of nursing shall:              1,418        

      (1)  Administer and enforce the provisions of this chapter,  1,420        

including the taking of disciplinary action for violations of      1,421        

section 4723.28 of the Revised Code, any other provisions of this  1,422        

chapter, or rules promulgated ADOPTED under Chapter 119. of the    1,424        

Revised Code THIS CHAPTER;                                         1,425        

      (2)  Examine applicants DEVELOP CRITERIA THAT AN APPLICANT   1,427        

MUST MEET TO BE ELIGIBLE TO SIT FOR THE EXAMINATION for licensure  1,428        

to practice as a registered nurse or as a licensed practical       1,429        

nurse;                                                                          

      (3)  Issue and renew licenses as provided in this chapter;   1,431        

      (4)  Define the minimum curricula and standards for          1,433        

educational programs of the schools of professional nursing and    1,434        

schools of practical nursing in this state;                        1,435        

      (5)  Survey, inspect, and grant full approval to             1,437        

prelicensure nursing education programs that meet the standards    1,439        

established by rules adopted under section 4723.07 of the Revised  1,440        

Code.  Prelicensure nursing education programs include, but are    1,441        

not limited to, associate degree, baccalaureate degree, diploma,   1,442        

and doctor of nursing programs leading to initial licensure to     1,443        

practice nursing as a registered nurse and practical nurse         1,444        

programs leading to initial licensure to practice nursing as a     1,445        

licensed practical nurse.                                                       

      (6)  Grant conditional approval, by a vote of a quorum of    1,447        

the board, to a new prelicensure nursing education program or a    1,448        

program that is being reestablished after having ceased to         1,450        

operate, if the program meets and maintains the minimum standards  1,452        

of the board established by rules adopted under section 4723.07    1,453        

                                                          33     


                                                                 
of the Revised Code.  If the board does not grant conditional      1,454        

approval, it shall hold a hearing AN ADJUDICATION under Chapter    1,455        

119. of the Revised Code to consider conditional approval of the   1,457        

program.  If the board grants conditional approval, at its first   1,458        

meeting after the first class has completed the program, the       1,459        

board shall determine whether to grant full approval to the        1,460        

program.  If the board does not grant full approval or if it       1,462        

appears that the program has failed to meet and maintain           1,463        

standards established by rules adopted under section 4723.07 of    1,464        

the Revised Code, the board shall hold a hearing AN ADJUDICATION   1,465        

under Chapter 119. of the Revised Code to consider the program.    1,467        

Based on results of the hearing ADJUDICATION, the board may        1,468        

continue or withdraw conditional approval, or grant full           1,470        

approval.                                                                       

      (7)  Place on provisional approval, for a period of time     1,472        

specified by the board, a program that has ceased to meet and      1,474        

maintain the minimum standards of the board established by rules   1,475        

adopted under section 4723.07 of the Revised Code.  At the end of  1,476        

the period, the board shall reconsider whether the program meets   1,477        

the standards and shall grant full approval if it does.  If it     1,479        

does not, the board may withdraw approval, pursuant to a hearing   1,480        

AN ADJUDICATION under Chapter 119. of the Revised Code.            1,482        

      (8)  Approve continuing nursing education programs and       1,484        

courses under standards established in rules adopted under         1,485        

section 4723.07 of the Revised Code;                               1,486        

      (9)  Approve peer support programs for nurses under rules    1,488        

adopted under section 4723.07 of the Revised Code;                 1,489        

      (10)  Establish the alternative program for chemically       1,491        

dependent nurses A PROGRAM FOR MONITORING CHEMICAL DEPENDENCY in   1,492        

accordance with section 4723.35 of the Revised Code;               1,493        

      (11)  Establish the practice intervention and improvement    1,495        

program in accordance with section 4723.282 of the Revised Code;   1,496        

      (12)  Issue and renew certificates of authority to practice  1,498        

nursing as a certified registered nurse anesthetist, clinical      1,500        

                                                          34     


                                                                 
nurse specialist, certified nurse-midwife, or certified nurse      1,501        

practitioner;                                                                   

      (13)  Approve under section 4723.46 of the Revised Code      1,504        

national certifying organizations for examination and              1,505        

certification of certified registered nurse anesthetists,          1,506        

clinical nurse specialists, certified nurse-midwives, or           1,507        

certified nurse practitioners;                                                  

      (14)  Issue and renew certificates to prescribe in           1,509        

accordance with sections 4723.48 and 4723.484 4723.485 of the      1,510        

Revised Code;                                                                   

      (15)  Grant approval to the planned classroom and clinical   1,512        

study required by section 4723.483 of the Revised Code to be       1,513        

eligible for a certificate to prescribe;                           1,514        

      (16)  Make an annual edition of the formulary established    1,517        

in rules adopted under section 4723.50 of the Revised Code         1,518        

available to the public either in printed form or by electronic    1,519        

means and, as soon as possible after any revision of the           1,520        

formulary becomes effective, make the revision available to the    1,521        

public in printed form or by electronic means;                     1,522        

      (17)  PROVIDE GUIDANCE AND MAKE RECOMMENDATIONS TO THE       1,524        

GENERAL ASSEMBLY, THE GOVERNOR, STATE AGENCIES, AND THE FEDERAL    1,525        

GOVERNMENT WITH RESPECT TO THE REGULATION OF THE PRACTICE OF       1,526        

NURSING AND THE ENFORCEMENT OF THIS CHAPTER;                                    

      (18)  Make an annual report to the governor, which shall be  1,528        

open for public inspection;                                        1,529        

      (18)(19)  Maintain and have open for public inspection the   1,531        

following records:                                                 1,532        

      (a)  A record of all its meetings and proceedings;           1,534        

      (b)  A file of applicants for and holders of licenses,       1,536        

registrations, and certificates granted under this chapter.  The   1,537        

file shall be maintained in the form prescribed by rule of the     1,538        

board.                                                             1,539        

      (c)  A list of prelicensure nursing education programs       1,541        

approved by the board;                                             1,542        

                                                          35     


                                                                 
      (d)  A list of approved peer support programs for nurses.    1,544        

      (B)  The board may fulfill the requirement of division       1,546        

(A)(8) of this section by authorizing persons who meet the         1,547        

standards established in rules adopted under division (F) of       1,548        

section 4723.07 of the Revised Code to approve continuing nursing  1,549        

education programs and courses.  Persons so authorized shall       1,550        

approve continuing nursing education programs and courses in       1,551        

accordance with standards established in rules adopted under       1,552        

division (E) of section 4723.07 of the Revised Code.               1,553        

      Persons seeking authorization to approve continuing nursing  1,555        

education programs and courses shall apply to the board and pay    1,556        

the appropriate fee established under section 4723.08 of the       1,557        

Revised Code.  Authorizations to approve continuing nursing        1,558        

education programs and courses shall expire at the end of the      1,559        

two-year period beginning the date of issuance, and may be         1,561        

renewed by the board, ACCORDING TO THE SCHEDULE ESTABLISHED IN     1,562        

RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE.           1,563        

      Sec. 4723.061.  The THIS CHAPTER DOES NOT REQUIRE THE board  1,572        

of nursing may enter into agreements with the director of health   1,574        

under section 3721.34 of the Revised Code to assist the director   1,575        

in implementing sections 3721.28 to 3721.34 of the Revised Code.                

Any money received by the board from the department of health      1,576        

pursuant to such agreements shall be deposited in the nurse aide   1,577        

fund, which is hereby created in the state treasury.  The board    1,578        

shall use the fund to pay the costs it incurs in carrying out      1,580        

such agreements TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR THE  1,581        

RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY                      

INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES   1,582        

THAT THE PUBLIC IS ADEQUATELY PROTECTED BY ISSUING A NOTICE OR     1,583        

WARNING TO THE ALLEGED OFFENDER.                                   1,584        

      Sec. 4723.07.  In accordance with Chapter 119. of the        1,593        

Revised Code, the board of nursing shall adopt and may amend and   1,594        

rescind rules THAT ESTABLISH ALL OF THE FOLLOWING:                 1,595        

      (A)  Providing PROVISIONS for its THE BOARD'S government     1,598        

                                                          36     


                                                                 
and control of its actions and business affairs;                   1,599        

      (B)  Establishing minimum MINIMUM curricula and standards    1,601        

for nursing education programs that prepare graduates to take      1,602        

licensing examinations, BE LICENSED UNDER THIS CHAPTER and         1,603        

establishing procedures for granting, renewing, and withdrawing    1,606        

approval of those programs;                                                     

      (C)  Establishing requirements CRITERIA that applicants for  1,608        

licensure must meet to be permitted ELIGIBLE to take licensing     1,610        

examinations;                                                      1,611        

      (D)  Governing the administration and conduct of             1,613        

examinations for licensure to practice nursing as a registered     1,615        

nurse or as a licensed practical nurse;                            1,616        

      (D)  STANDARDS AND PROCEDURES FOR RENEWAL OF THE LICENSES    1,618        

AND CERTIFICATES OF AUTHORITY ISSUED BY THE BOARD;                 1,619        

      (E)  Establishing standards STANDARDS for approval of        1,621        

continuing nursing education programs and courses for registered   1,622        

nurses, licensed practical nurses, certified registered nurse      1,623        

anesthetists, clinical nurse specialists, certified                1,624        

nurse-midwives, and certified nurse practitioners.  The standards  1,625        

may provide for approval of continuing nursing education programs  1,626        

and courses that have been approved by other state boards of       1,627        

nursing or by national accreditation systems for nursing,          1,628        

including, but not limited to, the American nurses' credentialing  1,629        

center and the national association for practical nurse education  1,630        

and service.                                                                    

      (F)  Establishing standards STANDARDS that persons must      1,632        

meet to be authorized by the board to approve continuing nursing   1,634        

education programs and courses and a schedule to have BY WHICH     1,635        

that authorization EXPIRES AND MAY BE renewed;                     1,636        

      (G)  Establishing requirements REQUIREMENTS, including       1,638        

continuing education requirements, for restoring inactive          1,640        

licenses and licenses that have lapsed through failure to renew;   1,641        

      (H)  Governing conditions CONDITIONS that may be imposed     1,643        

for reinstatement following action taken under sections 2301.373,  1,644        

                                                          37     


                                                                 
4723.28, and 4723.281 of the Revised Code resulting in a           1,645        

suspension from practice;                                          1,647        

      (I)  Establishing standards STANDARDS for approval of peer   1,649        

support programs for nurses;                                       1,651        

      (J)  Establishing requirements REQUIREMENTS for board        1,653        

approval of courses in medication administration by licensed       1,654        

practical nurses;                                                  1,655        

      (K)  Establishing criteria for specialty certification of    1,658        

registered nurses;                                                 1,659        

      (L)  Establishing criteria CRITERIA for evaluating the       1,661        

qualifications of an applicant who is applying for a license by    1,664        

endorsement to practice nursing as a registered nurse or licensed               

practical nurse or for a certificate of authority issued under     1,665        

division (E) of section 4723.41 of the Revised Code;               1,666        

      (M)  Establishing universal (L)  UNIVERSAL blood and body    1,669        

fluid precautions that shall be used by each person licensed       1,670        

under this chapter who performs exposure-prone invasive            1,671        

procedures.  The rules shall define and establish requirements     1,672        

for universal blood and body fluid precautions that include the    1,673        

following:                                                                      

      (1)  Appropriate use of hand washing;                        1,675        

      (2)  Disinfection and sterilization of equipment;            1,677        

      (3)  Handling and disposal of needles and other sharp        1,679        

instruments;                                                       1,680        

      (4)  Wearing and disposal of gloves and other protective     1,682        

garments and devices.                                              1,683        

      (N)  Establishing standards (M)  STANDARDS and procedures    1,686        

for approving certificates of authority to practice nursing as a   1,687        

certified registered nurse anesthetist, clinical nurse             1,688        

specialist, certified nurse-midwife, or certified nurse            1,689        

practitioner, and for renewal of those certificates;               1,690        

      (O)  Establishing quality (N)  QUALITY assurance standards   1,693        

for certified registered nurse anesthetists, clinical nurse                     

specialists, certified nurse-midwives, or certified nurse          1,694        

                                                          38     


                                                                 
practitioners;                                                                  

      (P)  Establishing additional (O)  ADDITIONAL criteria for    1,697        

the standard care arrangement required by section 4723.431 of the               

Revised Code entered into by a clinical nurse specialist,          1,699        

certified nurse-midwife, or certified nurse practitioner and the   1,700        

nurse's collaborating physician or podiatrist;                     1,701        

      (Q)  Establishing continuing (P)  CONTINUING education       1,703        

standards for clinical nurse specialists who are exempt under      1,704        

division (C) of section 4723.41 of the Revised Code from the       1,707        

requirement of having passed a certification examination;                       

      (Q)  FOR PURPOSES OF DIVISION (B)(26) OF SECTION 4723.28 OF  1,710        

THE REVISED CODE, THE ACTIONS, OMISSIONS, OR OTHER CIRCUMSTANCES                

THAT CONSTITUTE A NURSE'S FAILURE TO ESTABLISH AND MAINTAIN        1,711        

PROFESSIONAL BOUNDARIES WITH A PATIENT.                                         

      Subject to Chapter 119. of the Revised Code, the THE board   1,713        

may adopt other rules necessary to carry out the provisions of     1,714        

this chapter.  THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH       1,715        

CHAPTER 119. OF THE REVISED CODE.                                  1,716        

      Sec. 4723.08.  (A)  The board of nursing may impose fees     1,725        

not to exceed the following limits:                                1,726        

      (1)  For application for licensure by examination to         1,728        

practice nursing as a registered nurse or as a licensed practical  1,729        

nurse, fifty dollars;                                              1,730        

      (2)  For application for licensure by endorsement to         1,732        

practice nursing as a registered nurse or as a licensed practical  1,733        

nurse, fifty dollars;                                              1,734        

      (3)  For application for a certificate of authority to       1,736        

practice nursing as a certified registered nurse anesthetist,      1,737        

clinical nurse specialist, certified nurse-midwife, or certified   1,738        

nurse practitioner, one hundred dollars;                           1,739        

      (4)  For application for a certificate to prescribe, fifty   1,741        

dollars;                                                                        

      (5)  For verification of a license or certificate to         1,743        

another jurisdiction, fifteen dollars;                             1,744        

                                                          39     


                                                                 
      (6)  For providing a replacement copy of a license or        1,746        

certificate, fifteen dollars;                                      1,747        

      (7)  For biennial renewal of any license, thirty-five        1,749        

dollars;                                                           1,750        

      (8)  For EXCEPT AS PROVIDED IN DIVISION (C) OF THIS          1,752        

SECTION, FOR biennial renewal of a certificate of authority to     1,753        

practice nursing as a certified registered nurse anesthetist,      1,755        

clinical nurse specialist, certified nurse-midwife, or certified   1,757        

nurse practitioner, one hundred EIGHTY-FIVE dollars;               1,758        

      (9)  For renewal of a certificate to prescribe, fifty        1,761        

dollars;                                                                        

      (10)  For processing a late application for renewal of any   1,763        

license or certificate, fifty dollars;                             1,764        

      (11)  For application for authorization to approve           1,766        

continuing nursing education programs and courses from an          1,767        

applicant accredited by a national accreditation system for        1,768        

nursing, five hundred dollars;                                     1,769        

      (12)  For application for authorization to approve           1,771        

continuing nursing education programs and courses from an          1,772        

applicant not accredited by a national accreditation system for    1,773        

nursing, one thousand dollars;                                     1,774        

      (13)  For each year for which authorization to approve       1,777        

continuing nursing education programs and courses is renewed, one  1,779        

hundred fifty dollars;                                                          

      (14)  FOR REINSTATEMENT OF A LAPSED LICENSE OR CERTIFICATE,  1,781        

ONE HUNDRED DOLLARS;                                               1,782        

      (15)  For written verification of a license or certificate,  1,785        

other than verification to another jurisdiction, five dollars.     1,786        

The board may contract for services pertaining to this             1,787        

verification process and the collection of the fee, and may        1,788        

permit the contractor to retain a portion of the fees as           1,789        

compensation, before any amounts are deposited into the state      1,790        

treasury.                                                          1,791        

      (B)  Each quarter, FOR PURPOSES OF TRANSFERRING FUNDS UNDER  1,793        

                                                          40     


                                                                 
SECTION 4743.05 OF THE REVISED CODE TO THE NURSE EDUCATION         1,794        

ASSISTANCE FUND CREATED IN SECTION 3333.28 OF THE REVISED CODE,    1,795        

the board of nursing shall certify to the director of budget and   1,796        

management the number of biennial licenses renewed under this      1,797        

chapter during the preceding quarter and the amount equal to that  1,798        

number times five dollars.                                                      

      (C)  THE FEE FOR BIENNIAL RENEWAL OF A CERTIFICATE OF        1,800        

AUTHORITY TO PRACTICE NURSING AS A CERTIFIED NURSE-MIDWIFE,        1,801        

CERTIFIED REGISTERED NURSE ANESTHETIST, CERTIFIED NURSE            1,802        

PRACTITIONER, OR CLINICAL NURSE SPECIALIST THAT EXPIRES ON OR      1,803        

BEFORE AUGUST 31, 2005, IS ONE HUNDRED DOLLARS.                    1,804        

      Sec. 4723.39 4723.081.  The board of nursing, subject to     1,813        

the approval of the controlling board, may establish fees in       1,816        

excess of the amounts provided by section 4723.08 of the Revised   1,817        

Code, provided that such fees do not exceed those amounts by more  1,818        

than fifty per cent.                                                            

      Sec. 4723.31 4723.082.  Except as provided in division       1,827        

(A)(4) of section 3721.34 and section 4723.061 of the Revised      1,829        

Code, all ALL receipts of the board of nursing, from any source,   1,831        

shall be deposited in the state treasury to the credit of the                   

occupational licensing and regulatory fund.  All vouchers of the   1,832        

board shall be approved by the board president or executive        1,833        

director, or both, as authorized by the board.                     1,834        

      Sec. 4723.09.  (A)  An application for licensure by          1,843        

examination to practice as a registered nurse or as a licensed     1,844        

practical nurse shall be submitted to the board of nursing in the  1,845        

form prescribed by rules of the board.  The application shall      1,846        

include evidence that the applicant has completed requirements of  1,847        

a nursing education program approved by the board or approved by   1,848        

another jurisdiction's board that regulates nurse licensure.  The  1,849        

application also shall include any other information required by   1,851        

rules of the board.  The application shall be accompanied by the   1,852        

application fee required by section 4723.08 of the Revised Code.   1,853        

If the board determines that the applicant meets the requirements  1,854        

                                                          41     


                                                                 
to take the examination, it shall admit the applicant to the       1,855        

examination.                                                       1,856        

      The board shall grant a license to practice nursing as a     1,858        

registered nurse or as a licensed practical nurse if the           1,859        

applicant passes the examination ACCEPTED BY THE BOARD UNDER       1,860        

SECTION 4723.10 OF THE REVISED CODE and the board determines that  1,861        

the applicant has not committed any act that is grounds for        1,862        

disciplinary action under section 2301.373 or 4723.28 of the       1,863        

Revised Code, or determines that an applicant who has committed    1,864        

such acts has made restitution or has been rehabilitated, or       1,865        

both.  The board is not required to afford a hearing AN            1,866        

ADJUDICATION to an individual to whom it has refused to grant a    1,869        

license because of that individual's failure to pass the           1,870        

examination.                                                       1,871        

      (B)  An application for license by endorsement to practice   1,873        

nursing as a registered nurse or as a licensed practical nurse     1,874        

shall be submitted to the board in the form prescribed by rules    1,875        

of the board and shall be accompanied by the application fee       1,876        

required by section 4723.08 of the Revised Code.  The application  1,877        

shall include evidence that the applicant holds a license in good  1,878        

standing in another jurisdiction granted after passing an          1,879        

examination approved by the board of that jurisdiction that is     1,880        

equivalent to the examination requirements under this chapter for  1,881        

a license to practice nursing as a registered nurse or licensed    1,882        

practical nurse, and shall include other information required by   1,884        

rules of the board of nursing.  The board shall grant a license    1,885        

by endorsement if the applicant is licensed or certified by        1,886        

another jurisdiction and the board determines, pursuant to rules   1,887        

established under section 4723.07 of the Revised Code, that all    1,888        

of the following apply:                                                         

      (1)  The educational preparation of the applicant is         1,890        

substantially similar to the minimum curricula and standards for   1,891        

nursing education programs established by the board under section  1,892        

4723.07 of the Revised Code;                                                    

                                                          42     


                                                                 
      (2)  The examination, at the time it is successfully         1,894        

completed, is equivalent to the examination requirements in        1,895        

effect at that time for applicants who successfully completed the  1,896        

WERE LICENSED BY examination in this state;                        1,897        

      (3)  The applicant has not committed any act that is         1,899        

grounds for disciplinary action under section 2301.373, 4723.28,   1,900        

or 4723.281 of the Revised Code, or determines that an applicant   1,902        

who has committed such acts has made restitution or has been       1,903        

rehabilitated, or both.                                                         

      The board may grant a nonrenewable temporary permit to       1,905        

practice nursing as a registered nurse or as a licensed practical  1,906        

nurse to an applicant for license by endorsement if the board is   1,907        

satisfied by the evidence that the applicant holds a current,      1,908        

active license in good standing in another jurisdiction.  The      1,910        

temporary permit shall expire at the earlier of one hundred        1,911        

twenty days after issuance or upon the issuance of a license by    1,912        

endorsement.                                                                    

      Sec. 4723.051 4723.10.  The WITH RESPECT TO INDIVIDUALS      1,922        

APPLYING FOR LICENSURE BY EXAMINATION, THE board of nursing, in    1,923        

administering examinations for licensure under this chapter, may   1,925        

make use of SHALL ACCEPT all or any part of the licensure          1,926        

examination of the national council of state boards of nursing or  1,927        

any other national standardized nursing examination that           1,928        

determines THE BOARD CONSIDERS TO BE AN APPROPRIATE MEASURE OF     1,929        

whether a person is competent to commence practicing nursing as a  1,930        

registered nurse or as a licensed practical nurse.  The IF THE     1,932        

BOARD INCURS ANY COST IN ITS ACCEPTANCE OF AN EXAMINATION UNDER    1,933        

THIS SECTION OR IN MAKING THE ACCEPTED EXAMINATION AVAILABLE TO    1,934        

APPLICANTS, THE board may require applicants for licensure by                   

examination to practice nursing as a registered nurse or as a      1,936        

licensed practical nurse to pay the application fee required by    1,938        

section 4723.08 of the Revised Code and to pay for any related     1,940        

materials from the organization providing the examination PAY AN   1,941        

AMOUNT SUFFICIENT TO COVER THE COST INCURRED.                      1,942        

                                                          43     


                                                                 
      Sec. 4723.15.  (A)  A certificate of registration to         1,951        

practice professional nursing as a registered nurse issued by the  1,952        

state nurses board or the board of nursing education and nurse     1,953        

registration under former provisions of this chapter or by the     1,954        

nurses' examining committee of the state medical board as          1,955        

provided in former sections 1295-01 to 1295-20 and 1347 et seq.    1,956        

of the General Code shall remain valid and shall confer the same   1,957        

privileges and impose the same responsibilities and requirements   1,958        

as a license issued by the board of nursing under this chapter on  1,959        

or after the effective date of this section JUNE 14, 1988.         1,961        

      (B)  A license to practice practical nursing as a licensed   1,963        

practical nurse issued by the board of nursing education and       1,964        

nurse registration under former provisions of this chapter shall   1,965        

remain valid and shall confer the same privileges and impose the   1,966        

same responsibilities and requirements as a license issued by the  1,967        

board of nursing under this chapter on or after the effective      1,968        

date of this section JUNE 14, 1988.                                1,969        

      (C)  Any person who on the effective date of this section    1,972        

JUNE 14, 1988, holds a current, valid certificate or license to    1,973        

practice nursing as a registered nurse or as a licensed practical  1,974        

nurse in this state shall, for the purposes of this chapter, be    1,975        

deemed to hold a license.                                          1,976        

      (D)  Any licensed practical nurse who on the effective date  1,978        

of this section JUNE 14, 1988, holds proof of successful           1,980        

completion of a course in medication administration approved by    1,981        

the board of nursing shall be considered to be qualified to        1,982        

administer medication as defined in division (F)(3) of section     1,983        

4723.02 4723.01 of the Revised Code.                               1,984        

      Sec. 4723.24.  (A)  All active licenses issued under this    1,993        

chapter shall be renewed biennially according to a schedule        1,994        

established by the board of nursing.  The board shall mail         1,995        

PROVIDE an application for renewal to every holder of an active    1,997        

license, EXCEPT WHEN THE BOARD IS AWARE THAT AN INDIVIDUAL IS      1,998        

INELIGIBLE FOR LICENSE RENEWAL FOR ANY REASON, INCLUDING PENDING   1,999        

                                                          44     


                                                                 
CRIMINAL CHARGES IN THIS STATE OR ANOTHER JURISDICTION, FAILURE    2,000        

TO COMPLY WITH A DISCIPLINARY ORDER FROM THE BOARD OR THE TERMS    2,001        

OF A CONSENT AGREEMENT ENTERED INTO WITH THE BOARD, FAILURE TO                  

PAY FINES OR FEES OWED TO THE BOARD, OR FAILURE TO PROVIDE ON THE  2,002        

BOARD'S REQUEST DOCUMENTATION OF HAVING COMPLETED THE CONTINUING   2,003        

NURSING EDUCATION REQUIREMENTS SPECIFIED IN DIVISION (C) OF THIS   2,004        

SECTION.                                                                        

      IF THE BOARD PROVIDES A RENEWAL APPLICATION BY MAIL, THE     2,006        

APPLICATION SHALL BE addressed to the last known post-office       2,008        

address of the holder AND MAILED before the date specified in the  2,009        

board's schedule.  Failure of the holder to receive an             2,011        

application for renewal from the board shall not excuse the        2,012        

holder from the requirements contained in this section.  The       2,013        

      THE LICENSE holder shall complete the renewal form and       2,015        

return it to the treasurer of state with the renewal fee required  2,016        

by section 4723.08 of the Revised Code on or before the date       2,017        

specified by the board.  The LICENSE holder shall report any       2,018        

CONVICTION, PLEA, OR JUDICIAL FINDING REGARDING A criminal         2,019        

offense that constitutes grounds for denial of a license THE       2,021        

BOARD TO IMPOSE SANCTIONS under section 4723.28 of the Revised     2,022        

Code of which the holder has been found guilty or to which the     2,023        

holder has entered a plea of guilty or no contest since the        2,024        

submission of the holder's HOLDER last preceding SUBMITTED AN      2,025        

application TO THE BOARD.  The                                     2,026        

      THE treasurer shall immediately forward the renewal          2,028        

application to the board, and on.  ON receipt of the renewal       2,030        

application, the board shall verify that the applicant meets the   2,031        

renewal requirements and shall renew the license for the           2,032        

following two-year period.  If                                     2,033        

      IF a renewal application that meets the renewal              2,037        

requirements is submitted after the date specified in the board's  2,038        

schedule, but before expiration of the license, the board shall    2,039        

grant a renewal upon payment of the late renewal fee authorized    2,040        

under section 4723.08 of the Revised Code.                                      

                                                          45     


                                                                 
      (B)  Every LICENSE holder shall give written notice to the   2,042        

board of any change of name or address within thirty days of the   2,044        

change.  The board shall require the holder to document a change   2,045        

of name in a manner acceptable to the board.                       2,046        

      (C)(1)  Except in the case of a first renewal after          2,048        

licensure by examination, effective January 1, 1992, to be         2,049        

eligible for renewal of an active license to practice nursing as   2,050        

a registered nurse or licensed practical nurse, each individual    2,051        

who holds an active license must SHALL, in each two-year period    2,052        

specified by the board, complete continuing nursing education as   2,054        

follows:                                                                        

      (A)(a)  For renewal of a license that was issued for a       2,056        

two-year renewal period, twenty-four hours of continuing nursing   2,057        

education;                                                         2,058        

      (B)(b)  For renewal of a license that was issued for less    2,060        

than a two-year renewal period, the number of hours of continuing  2,062        

nursing education specified by the board in rules adopted in       2,063        

accordance with Chapter 119. of the Revised Code;                  2,064        

      (c)  OF THE HOURS OF CONTINUING NURSING EDUCATION COMPLETED  2,066        

IN ANY RENEWAL PERIOD, AT LEAST ONE HOUR OF THE EDUCATION MUST BE  2,067        

DIRECTLY RELATED TO THE STATUTES AND RULES PERTAINING TO THE       2,068        

PRACTICE OF NURSING IN THIS STATE.                                              

      (2)  The board shall adopt rules establishing the procedure  2,070        

for an applicant A LICENSE HOLDER to certify to the board          2,071        

completion of the REQUIRED continuing nursing education.           2,073        

Continuing nursing education THE BOARD MAY CONDUCT A RANDOM        2,074        

SAMPLE OF LICENSE HOLDERS AND REQUIRE THAT THE LICENSE HOLDERS     2,075        

INCLUDED IN THE SAMPLE SUBMIT SATISFACTORY DOCUMENTATION OF        2,076        

HAVING COMPLETED THE REQUIREMENTS FOR CONTINUING NURSING                        

EDUCATION.  ON THE BOARD'S REQUEST, A LICENSE HOLDER INCLUDED IN   2,077        

THE SAMPLE SHALL SUBMIT THE REQUIRED DOCUMENTATION.                2,078        

      (3)  AN EDUCATIONAL ACTIVITY may be applied to meet this     2,082        

TOWARD MEETING THE CONTINUING NURSING EDUCATION requirement ONLY   2,083        

if it is obtained through a program or course approved by the      2,084        

                                                          46     


                                                                 
board or A person authorized by the board HAS AUTHORIZED TO        2,085        

APPROVE CONTINUING NURSING EDUCATION PROGRAMS AND COURSES. On      2,087        

request of the board, an applicant or license holder shall submit  2,088        

satisfactory documentation of completion of the required                        

continuing nursing education.  The                                 2,089        

      (4)  THE continuing education required of a certified        2,092        

registered nurse anesthetist, clinical nurse specialist,           2,093        

certified nurse-midwife, or certified nurse practitioner to                     

obtain or maintain certification by a national certifying          2,095        

organization shall be applied toward the applicant's continuing    2,097        

education requirements for renewal of the applicant's A license    2,098        

to practice nursing as a registered nurse.                                      

      (D)  Except as otherwise provided in section 4723.28 of the  2,100        

Revised Code, a LICENSE holder of a license who does not intend    2,101        

to practice in Ohio may send to the board written notice to that   2,103        

effect on or before the renewal date, and the board shall          2,104        

classify the license as inactive.  During the period that the      2,105        

license is classified as inactive, the holder may not engage in    2,107        

the practice of nursing in Ohio and is not required to pay the                  

renewal fee.                                                       2,108        

      The holder of an inactive license or an individual who has   2,110        

failed to renew the individual's license may have the license      2,111        

restored or renewed upon meeting the requirements for restoring    2,113        

and renewing licenses established in rules adopted under section   2,114        

4723.07 of the Revised Code.                                       2,115        

      Sec. 4723.28.  As used in this section, "dangerous drug"     2,124        

and "prescription" have the same meanings as in section 4729.01    2,126        

of the Revised Code.                                                            

      (A)  The board of nursing, pursuant to an adjudication       2,128        

conducted under Chapter 119. of the Revised Code and by a vote of  2,129        

a quorum, may revoke or may refuse to grant a license or           2,130        

certificate to a person found by the board to have committed       2,132        

fraud in passing the examination or to have committed fraud,       2,133        

misrepresentation, or deception in applying for or securing any    2,134        

                                                          47     


                                                                 
license or certificate issued by the board.                        2,136        

      (B)  The board of nursing, pursuant to an adjudication       2,138        

conducted under Chapter 119. of the Revised Code and by a vote of  2,139        

a quorum, may impose one or more of the following sanctions:       2,140        

deny, revoke permanently, suspend, or place restrictions on any    2,141        

license or certificate issued by the board; reprimand or           2,143        

otherwise discipline a holder of a license or certificate; or      2,144        

impose a fine of not more than five hundred dollars per            2,146        

violation.  The sanctions may be imposed for any of the                         

following:                                                         2,147        

      (1)(a)  Denial, revocation, suspension, or restriction of a  2,149        

license to practice nursing, for any reason other than a failure   2,150        

to renew, in another state or jurisdiction; or denial              2,151        

      (b)  SANCTIONS IMPOSED BY THE BOARD AGAINST A LICENSE TO     2,154        

PRACTICE NURSING IN THIS STATE, AS PROVIDED IN DIVISION (N) OF     2,155        

THIS SECTION;                                                                   

      (c)  DENIAL, revocation, suspension, or restriction of a     2,158        

license to practice a health care occupation other than nursing,   2,159        

for any reason other than a failure to renew, in Ohio or another   2,160        

state or jurisdiction;.                                                         

      (2)  Engaging in the practice of nursing, having failed to   2,162        

renew a license issued under this chapter, or while a license is   2,163        

under suspension;                                                  2,164        

      (3)  Conviction of, a plea of guilty to, or a judicial       2,166        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,167        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,168        

INTERVENTION IN LIEU OF CONVICTION FOR, a misdemeanor committed    2,170        

in the course of practice;                                         2,171        

      (4)  Conviction of, a plea of guilty to, or a judicial       2,173        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,174        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,175        

INTERVENTION IN LIEU OF CONVICTION FOR, any felony or of any       2,177        

crime involving gross immorality or moral turpitude;               2,178        

      (5)  Selling, giving away, or administering drugs or         2,180        

                                                          48     


                                                                 
therapeutic devices for other than legal and legitimate            2,181        

therapeutic purposes; or conviction of, a plea of guilty to, or a  2,183        

judicial finding of guilt of, A JUDICIAL FINDING OF GUILT          2,185        

RESULTING FROM A PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF   2,186        

ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR, violating  2,187        

any municipal, state, county, or federal drug law;                 2,188        

      (6)  Conviction of, a plea of guilty to, or a judicial       2,190        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,191        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,192        

INTERVENTION IN LIEU OF CONVICTION FOR, an act in another          2,194        

jurisdiction that would constitute a felony or a crime of moral    2,195        

turpitude in Ohio;                                                              

      (7)  Conviction of, a plea of guilty to, or a judicial       2,197        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,199        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,200        

INTERVENTION IN LIEU OF CONVICTION FOR, an act in the course of    2,202        

practice in another jurisdiction that would constitute a           2,203        

misdemeanor in Ohio;                                                            

      (8)  Self-administering or otherwise taking into the body    2,205        

any dangerous drug, AS DEFINED IN SECTION 4729.01 OF THE REVISED   2,207        

CODE, in any way not in accordance with a legal, valid             2,208        

prescription ISSUED FOR THAT INDIVIDUAL;                                        

      (9)  Habitual indulgence in the use of controlled            2,210        

substances, other habit-forming drugs, or alcohol or other         2,211        

chemical substances to an extent that impairs ability to           2,212        

practice;                                                          2,213        

      (10)  Impairment of the ability to practice according to     2,215        

acceptable and prevailing standards of safe nursing care because   2,216        

of habitual or excessive use of drugs, alcohol, or other chemical  2,219        

substances that impair the ability to practice;                    2,220        

      (11)  Impairment of the ability to practice according to     2,222        

acceptable and prevailing standards of safe nursing care because   2,223        

of a physical or mental disability;                                2,224        

      (12)  Assaulting or causing harm to a patient or depriving   2,226        

                                                          49     


                                                                 
a patient of the means to summon assistance;                       2,227        

      (13)  Obtaining or attempting to obtain money or anything    2,229        

of value by intentional misrepresentation or material deception    2,230        

in the course of practice;                                         2,231        

      (14)  Adjudication by a probate court that the license       2,233        

applicant or license holder is mentally ill or mentally            2,234        

incompetent.  The board may restore the license upon adjudication  2,235        

by a probate court of the person's restoration to competency or    2,236        

upon submission to the board of other proof of competency.         2,237        

      (15)  The suspension or termination of employment by the     2,239        

department of defense or the veterans administration of the        2,240        

United States for any act that violates or would violate this      2,241        

chapter;                                                           2,242        

      (16)  Violation of this chapter or any rules adopted under   2,244        

it;                                                                2,245        

      (17)  Violation of any restrictions placed on a license by   2,247        

the board;                                                         2,248        

      (18)  Failure to use universal blood and body fluid          2,250        

precautions established by rules adopted under section 4723.07 of  2,251        

the Revised Code;                                                  2,252        

      (19)  Failure to practice in accordance with acceptable and  2,255        

prevailing standards of safe nursing care;                         2,256        

      (20)  In the case of a registered nurse, engaging in         2,258        

activities that exceed the practice of nursing as a registered     2,259        

nurse under section 4723.02 of the Revised Code;                   2,260        

      (21)  In the case of a licensed practical nurse, engaging    2,262        

in activities that exceed the practice of nursing as a licensed    2,263        

practical nurse under section 4723.02 of the Revised Code;         2,264        

      (22)  Aiding and abetting in the unlicensed practice of      2,266        

nursing;                                                           2,267        

      (23)  In the case of a certified registered nurse            2,269        

anesthetist, clinical nurse specialist, certified nurse-midwife,   2,271        

or certified nurse practitioner, or a registered nurse approved    2,272        

as an advanced practice nurse under section 4723.55 of the         2,273        

                                                          50     


                                                                 
Revised Code, EXCEPT AS PROVIDED IN DIVISION (M) OF THIS SECTION,  2,275        

either of the following:                                           2,276        

      (a)  Waiving the payment of all or any part of a deductible  2,278        

or copayment that a patient, pursuant to a health insurance or     2,279        

health care policy, contract, or plan that covers such nursing     2,280        

services, would otherwise be required to pay if the waiver is      2,281        

used as an enticement to a patient or group of patients to         2,282        

receive health care services from that provider;                   2,283        

      (b)  Advertising that the nurse will waive the payment of    2,285        

all or any part of a deductible or copayment that a patient,       2,286        

pursuant to a health insurance or health care policy, contract,    2,287        

or plan that covers such nursing services, would otherwise be      2,288        

required to pay.                                                   2,289        

      (24)  Failure to comply with the terms and conditions of     2,291        

participation in the alternative CHEMICAL DEPENDENCY MONITORING    2,293        

program for chemically dependent nurses created by ESTABLISHED     2,294        

UNDER section 4723.35 of the Revised Code;                         2,295        

      (25)  Failure to comply with the terms and conditions        2,297        

required under the practice intervention and improvement program   2,298        

established under section 4723.282 of the Revised Code;            2,299        

      (26)  FAILURE TO ESTABLISH AND MAINTAIN PROFESSIONAL         2,302        

BOUNDARIES WITH A PATIENT, AS SPECIFIED IN RULES ADOPTED UNDER     2,303        

SECTION 4723.07 OF THE REVISED CODE;                                            

      (27)  In the case of a certified registered nurse            2,305        

anesthetist, clinical nurse specialist, certified nurse-midwife,   2,307        

or certified nurse practitioner:                                   2,308        

      (a)  Engaging in activities that exceed those permitted for  2,311        

the nurse's nursing specialty under section 4723.43 of the                      

Revised Code;                                                      2,312        

      (b)  Failure to meet the quality assurance standards         2,314        

established under section 4723.07 of the Revised Code.             2,316        

      (27)(28)  In the case of a clinical nurse specialist,        2,318        

certified nurse-midwife, or certified nurse practitioner, failure  2,320        

to maintain a standard care arrangement in accordance with         2,321        

                                                          51     


                                                                 
section 4723.431 of the Revised Code or to practice in accordance  2,322        

with the standard care arrangement;                                2,323        

      (28)(29)  In the case of a clinical nurse specialist,        2,326        

certified nurse-midwife, or certified nurse practitioner who       2,327        

holds a certificate to prescribe issued under section 4723.48 of   2,328        

the Revised Code, failure to prescribe drugs and therapeutic       2,330        

devices in accordance with section 4723.481 of the Revised Code;   2,331        

      (29)(30)  Prescribing any drug or device to perform or       2,334        

induce an abortion, or otherwise performing or inducing an                      

abortion;                                                          2,335        

      (30)  Failure to return to the board a license or            2,337        

certificate issued under this chapter that has lapsed or been      2,338        

suspended or revoked.                                              2,339        

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           2,341        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   2,342        

AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF THE REVISED CODE,  2,343        

EXCEPT THAT IN LIEU OF A HEARING, THE BOARD MAY ENTER INTO A       2,344        

CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF   2,345        

A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT.  A                    

CONSENT AGREEMENT, WHEN RATIFIED BY A VOTE OF A QUORUM, SHALL      2,346        

CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO     2,347        

THE MATTER ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES TO    2,348        

RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED  2,349        

IN THE AGREEMENT SHALL BE OF NO EFFECT.                                         

      (D)  THE HEARINGS OF THE BOARD SHALL BE CONDUCTED IN         2,351        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  THE BOARD MAY   2,352        

APPOINT A HEARING EXAMINER, AS PROVIDED IN SECTION 119.09 OF THE   2,353        

REVISED CODE, TO CONDUCT ANY HEARING THE BOARD IS AUTHORIZED TO    2,355        

HOLD UNDER CHAPTER 119. OF THE REVISED CODE.                                    

      IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED UNDER         2,357        

CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF AN OPPORTUNITY  2,358        

FOR A HEARING AND THE APPLICANT OR LICENSE HOLDER DOES NOT MAKE A  2,359        

TIMELY REQUEST FOR A HEARING IN ACCORDANCE WITH SECTION 119.07 OF  2,360        

THE REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING,                  

                                                          52     


                                                                 
BUT MAY ADOPT, BY A VOTE OF A QUORUM, A FINAL ORDER THAT CONTAINS  2,361        

THE BOARD'S FINDINGS.  IN THE FINAL ORDER, THE BOARD MAY ORDER     2,362        

ANY OF THE SANCTIONS LISTED IN DIVISION (A) OR (B) OF THIS         2,363        

SECTION.                                                                        

      (E)  If a criminal action is brought against a license       2,365        

holder for an act or crime described in divisions (B)(3) to (7)    2,366        

of this section and the action is dismissed by the trial court     2,367        

other than on the merits, the board shall hold CONDUCT an          2,368        

adjudication hearing to determine whether the license holder       2,369        

committed the act on which the action was based.  If the board     2,371        

determines on the basis of the hearing ADJUDICATION that the       2,372        

license holder committed the act, or if the license holder fails   2,374        

to participate in the hearing ADJUDICATION, the board may take     2,376        

action as though the license holder had been convicted of the      2,377        

act.                                                                            

      If the board takes action on the basis of a conviction,      2,379        

plea of guilty, or a judicial determination of guilt FINDING as    2,381        

described in divisions (B)(3) to (7) of this section that is       2,382        

overturned on appeal, the license holder may, on exhaustion of     2,383        

the appeal process, petition the board for reconsideration of its  2,384        

action.  On receipt of the petition and supporting court           2,385        

documents, the board shall temporarily rescind its action.  If     2,386        

the board determines that the decision on appeal was a decision    2,387        

on the merits, it shall permanently rescind its action.  If the    2,388        

board determines that the decision on appeal was not a decision    2,389        

on the merits, it shall hold CONDUCT an adjudicatory hearing       2,390        

ADJUDICATION to determine whether the license holder committed     2,392        

the act on which the original conviction, plea, or judicial        2,393        

determination FINDING was based.  If the board determines on the   2,395        

basis of the hearing ADJUDICATION that the license holder          2,397        

committed such act, or if the license holder does not request a    2,398        

hearing AN ADJUDICATION, the board shall reinstate its action;     2,399        

otherwise, the board shall permanently rescind its action.         2,400        

      Notwithstanding the provision of division (C)(2) of section  2,402        

                                                          53     


                                                                 
2953.32 of the Revised Code specifying that if records pertaining  2,403        

to a criminal case are sealed under that section the proceedings   2,404        

in the case shall be deemed not to have occurred, sealing of the   2,405        

records of a conviction on which the board has based an action     2,406        

under this section shall have no effect on the board's action or   2,407        

any sanction imposed by the board under this section.              2,408        

      (D)  In enforcing division (B) of THE BOARD SHALL NOT BE     2,411        

REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS         2,412        

RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS.      2,413        

      (F)  THE BOARD MAY INVESTIGATE AN INDIVIDUAL'S CRIMINAL      2,415        

BACKGROUND BY REQUESTING INFORMATION FROM THE BUREAU OF CRIMINAL   2,416        

IDENTIFICATION AND INVESTIGATION PURSUANT TO SECTION 109.57 OF     2,417        

THE REVISED CODE.  THE BOARD MAY APPLY FOR ACCESS TO THE           2,418        

COMPUTERIZED DATABASES ADMINISTERED BY THE NATIONAL CRIME                       

INFORMATION CENTER AND THE LAW ENFORCEMENT AUTOMATED DATA SYSTEM   2,419        

OPERATED PURSUANT TO SECTION 5503.10 OF THE REVISED CODE, AS WELL  2,420        

AS OTHER COMPUTERIZED DATABASES ADMINISTERED FOR THE PURPOSE OF    2,421        

MAKING CRIMINAL JUSTICE INFORMATION ACCESSIBLE TO STATE AGENCIES.  2,422        

THE BOARD IS HEREBY DESIGNATED TO BE A CRIMINAL JUSTICE AGENCY                  

FOR PURPOSES OF ANY STATE OR FEDERAL LAW REQUIRING, AS A           2,423        

CONDITION OF BEING AUTHORIZED TO APPLY FOR ACCESS TO THESE         2,424        

DATABASES, THAT AN ENTITY BE RECOGNIZED UNDER STATE LAW AS A       2,425        

CRIMINAL JUSTICE AGENCY.                                                        

      (G)  DURING THE COURSE OF AN INVESTIGATION CONDUCTED UNDER   2,427        

this section, the board may compel any individual licensed by      2,429        

this chapter or who has applied for licensure to submit to a       2,430        

mental or physical examination, or both, as required by the board  2,431        

and at the expense of the individual, IF THE BOARD FINDS REASON    2,432        

TO BELIEVE THAT THE INDIVIDUAL UNDER INVESTIGATION MAY HAVE A      2,433        

PHYSICAL OR MENTAL IMPAIRMENT THAT MAY AFFECT THE INDIVIDUAL'S     2,434        

ABILITY TO PROVIDE SAFE NURSING CARE.  Failure of any individual   2,435        

to submit to a mental or physical examination when directed        2,436        

constitutes an admission of the allegations, unless the failure    2,437        

is due to circumstances beyond the individual's control, and a     2,438        

                                                          54     


                                                                 
default and final order may be entered without the taking of       2,439        

testimony or presentation of evidence.  If                         2,440        

      IF the board finds that an individual is impaired, the       2,443        

board shall require the individual to submit to care, counseling,  2,444        

or treatment approved or designated by the board, as a condition   2,445        

for initial, continued, reinstated, or renewed licensure to        2,446        

practice.  The individual shall be afforded an opportunity to      2,447        

demonstrate to the board that the individual can BEGIN OR resume   2,448        

the individual's occupation PRACTICE OF NURSING in compliance      2,449        

with acceptable and prevailing standards OF CARE under the         2,452        

provisions of the individual's license.  For the purpose           2,454        

      FOR PURPOSES of this section DIVISION, any individual who    2,457        

is licensed by this chapter or makes application for licensure     2,459        

shall be deemed to have given consent to submit to a mental or     2,460        

physical examination when directed to do so in writing by the      2,461        

board, and to have waived all objections to the admissibility of   2,462        

testimony or examination reports that constitute a privileged      2,463        

communication.                                                                  

      (E)(H)  The board shall investigate evidence that appears    2,465        

to show that any person has violated any provision of this         2,466        

chapter or any rule of the board.  Any person may report to the    2,467        

board any information the person may have that appears to show a   2,468        

violation of any provision of this chapter or rule of the board.   2,469        

In the absence of bad faith, any person who reports such           2,470        

information or who testifies before the board in any adjudication  2,471        

conducted under Chapter 119. of the Revised Code shall not be      2,472        

liable for civil damages as a result of the report or testimony.   2,473        

      (I)  ALL OF THE FOLLOWING APPLY UNDER THIS CHAPTER WITH      2,475        

RESPECT TO THE CONFIDENTIALITY OF INFORMATION:                     2,476        

      (1)  Information received by the board pursuant to an        2,478        

investigation is confidential and not subject to discovery in any  2,479        

civil action, except that the board may disclose information to    2,480        

law enforcement officers and government entities investigating a   2,481        

person licensed by the board OR A PERSON WHO MAY HAVE ENGAGED IN   2,482        

                                                          55     


                                                                 
THE UNAUTHORIZED PRACTICE OF NURSING.  No law enforcement officer  2,483        

or government entity with knowledge of any information disclosed   2,484        

by the board pursuant to this division shall divulge the           2,485        

information to any other person or government entity except for    2,486        

the purpose of an adjudication by a court or licensing or                       

registration board or officer to which the person to whom the      2,487        

information relates is a party.                                    2,488        

      (2)  If the AN investigation requires a review of patient    2,491        

records, the investigation and proceeding shall be conducted in    2,492        

such a manner as to protect patient confidentiality.               2,493        

      (3)  All hearings ADJUDICATIONS and investigations of the    2,496        

board shall be considered civil actions for the purposes of        2,497        

section 2305.251 of the Revised Code.                              2,498        

      The hearings of the board shall be conducted in accordance   2,500        

with Chapter 119. of the Revised Code.  The board may appoint a    2,501        

hearing examiner as provided in section 119.09 to conduct any      2,502        

hearing the board is empowered to hold under Chapter 119. of the   2,503        

Revised Code.                                                      2,504        

      In the absence of fraud or bad faith, neither the board nor  2,506        

any current or former members, agents, representatives, or         2,507        

employees of the board shall be held liable in damages to any      2,508        

person as the result of any act, omission, proceeding, conduct,    2,509        

or decision related to their official duties undertaken or         2,510        

performed pursuant to this chapter.  If a current or former        2,511        

member, agent, representative, or employee requests the state to   2,512        

defend the individual against any claim or action arising out of   2,513        

any act, omission, proceeding, conduct, or decision related to     2,515        

the individual's official duties, if the request is made in        2,517        

writing at a reasonable time before trial, and if the individual   2,518        

requesting defense cooperates in good faith in the defense of the  2,519        

claim or action, the state shall provide and pay for such defense  2,520        

and shall pay any resulting judgment, compromise, or settlement.   2,521        

At no time shall the state pay that part of a claim or judgment    2,522        

that is for punitive or exemplary damages.                         2,523        

                                                          56     


                                                                 
      (F)(4)  ANY BOARD ACTIVITY THAT INVOLVES CONTINUED           2,525        

MONITORING OF AN INDIVIDUAL AS PART OF OR FOLLOWING ANY            2,526        

DISCIPLINARY ACTION TAKEN UNDER THIS SECTION SHALL BE CONDUCTED    2,527        

IN A MANNER THAT MAINTAINS THE INDIVIDUAL'S CONFIDENTIALITY.       2,528        

INFORMATION RECEIVED OR MAINTAINED BY THE BOARD WITH RESPECT TO    2,529        

THE BOARD'S MONITORING ACTIVITIES IS CONFIDENTIAL AND NOT SUBJECT  2,530        

TO DISCOVERY IN ANY CIVIL ACTION.                                               

      (J)  Any action taken by the board under this section        2,532        

resulting in a suspension from practice shall be accompanied by a  2,533        

written statement of the conditions under which the person may be  2,534        

reinstated to practice.                                            2,535        

      (G)(K)  WHEN THE BOARD REFUSES TO GRANT A LICENSE OR         2,537        

CERTIFICATE OF AUTHORITY TO AN APPLICANT, REVOKES A NURSE'S        2,538        

LICENSE OR CERTIFICATE, OR REFUSES TO REINSTATE A LICENSE OR       2,539        

CERTIFICATE, THE BOARD MAY SPECIFY THAT ITS ACTION IS PERMANENT.   2,540        

AN INDIVIDUAL SUBJECT TO PERMANENT ACTION TAKEN BY THE BOARD IS    2,541        

FOREVER INELIGIBLE TO HOLD A LICENSE OR CERTIFICATE OF THE TYPE    2,542        

THAT WAS REFUSED OR REVOKED AND THE BOARD SHALL NOT ACCEPT FROM    2,543        

THE INDIVIDUAL AN APPLICATION FOR REINSTATEMENT OF THE LICENSE OR               

CERTIFICATE OR FOR A NEW LICENSE OR CERTIFICATE.                   2,544        

      (L)  No unilateral surrender of a license issued under this  2,546        

chapter shall be effective unless accepted by majority vote of     2,547        

the board.  No application for a license issued under this         2,548        

chapter may be withdrawn without a majority vote of the board.     2,549        

THE BOARD'S JURISDICTION TO TAKE DISCIPLINARY ACTION UNDER THIS    2,551        

SECTION IS NOT REMOVED OR LIMITED WHEN AN INDIVIDUAL HAS A         2,552        

LICENSE OR CERTIFICATE OF AUTHORITY CLASSIFIED AS INACTIVE OR      2,553        

FAILS TO RENEW A LICENSE OR CERTIFICATE OF AUTHORITY.              2,554        

      (H)  Notwithstanding division (B)(23) of this section,       2,556        

sanctions (M)  SANCTIONS shall not be imposed UNDER DIVISION       2,558        

(B)(23) OF THIS SECTION against any licensee who waives                         

deductibles and copayments AS FOLLOWS:                             2,559        

      (1)  In compliance with the health benefit plan that         2,561        

expressly allows such a practice.  Waiver of the deductibles or    2,562        

                                                          57     


                                                                 
copayments shall be made only with the full knowledge and consent  2,563        

of the plan purchaser, payer, and third-party administrator.  The  2,564        

DOCUMENTATION OF THE consent shall be made available to the board  2,566        

upon request.                                                                   

      (2)  For professional services rendered to any other person  2,568        

licensed pursuant to this chapter to the extent allowed by this    2,569        

chapter and the rules of the board.                                2,570        

      (I)  The holder of a license or certificate issued under     2,572        

this chapter shall return to the board a license or certificate    2,573        

that has lapsed or been suspended or revoked.                      2,574        

      (N)  IF A PERSON IS DUALLY LICENSED IN THIS STATE TO         2,576        

PRACTICE NURSING AS A REGISTERED NURSE AND AS A LICENSED           2,577        

PRACTICAL NURSE AND THE BOARD IMPOSES A SANCTION AGAINST ONE OF    2,579        

THE PERSON'S LICENSES, THE BOARD MAY IMPOSE THE SAME OR ANOTHER    2,580        

SANCTION AGAINST THE PERSON'S OTHER LICENSE.                       2,581        

      IF THE BOARD IMPOSES A SANCTION AGAINST A PERSON WHO HOLDS   2,583        

A LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE OR AS A        2,584        

LICENSED PRACTICAL NURSE AND THE PERSON SUBSEQUENTLY APPLIES FOR   2,585        

THE OTHER LICENSE TO PRACTICE NURSING, THE BOARD MAY REFUSE TO     2,586        

ISSUE THE NEW LICENSE OR MAY IMPOSE ANOTHER SANCTION AGAINST THE   2,587        

APPLICANT FOR HAVING BEEN SUBJECT TO A PREVIOUS SANCTION BY THE    2,588        

BOARD.                                                             2,589        

      Sec. 4723.281.  (A)  As used in this section, with regard    2,598        

to offenses committed in Ohio, "aggravated murder," "murder,"      2,599        

"voluntary manslaughter," "felonious assault," "kidnapping,"       2,600        

"rape," "sexual battery," "GROSS SEXUAL IMPOSITION," "aggravated   2,602        

arson," "AGGRAVATED ROBBERY," and "aggravated burglary" mean such  2,604        

offenses as defined in Title XXIX of the Revised Code; with        2,605        

regard to offenses committed in other jurisdictions, the terms     2,606        

mean offenses comparable to offenses defined in Title XXIX of the  2,607        

Revised Code.                                                                   

      (B)  The board of nursing may impose a summary suspension    2,609        

without a hearing on a person licensed under this chapter if it    2,610        

determines that there is evidence that the license holder is       2,611        

                                                          58     


                                                                 
subject to actions under division (B) of section 4723.28 of the    2,612        

Revised Code and that WHEN there is clear and convincing evidence  2,613        

that continued practice by the license holder AN INDIVIDUAL        2,615        

LICENSED UNDER THIS CHAPTER presents a danger of immediate and     2,617        

serious harm to the public.  The, AS DETERMINED ON CONSIDERATION   2,618        

OF THE EVIDENCE BY THE president and the executive director of     2,619        

the board OF NURSING, THE PRESIDENT AND DIRECTOR shall make a      2,620        

preliminary determination and describe the evidence on which they  2,621        

made their determination to the other members of the board.  The   2,622        

board may by resolution designate another board member to act in   2,623        

place of the president of the board and another employee to act    2,624        

in the place of the executive director, in the event that the      2,625        

board president or executive director is unavailable or unable to  2,626        

act. On consideration of the evidence, the board may by an         2,627        

affirmative vote of seven members, not including the president of  2,628        

the board or the person named to act in place of the president,    2,629        

impose ON the INDIVIDUAL A summary suspension WITHOUT A HEARING.   2,630        

The description of the evidence and information may be given and   2,631        

the vote taken by telephone conference call AN INDIVIDUAL SERVING  2,632        

AS PRESIDENT OR EXECUTIVE DIRECTOR IN THE ABSENCE OF THE           2,633        

PRESIDENT OR EXECUTIVE DIRECTOR MAY TAKE ANY ACTION THAT THIS      2,634        

SECTION REQUIRES OR AUTHORIZES THE PRESIDENT OR EXECUTIVE          2,635        

DIRECTOR TO TAKE.                                                               

      Immediately following the decision to impose a summary       2,637        

suspension under this division, the board shall issue a written    2,638        

order of suspension and cause it to be delivered by certified      2,639        

mail or in person in accordance with section 119.07 of the         2,640        

Revised Code.  The order shall not be subject to suspension by     2,641        

the court during the pendency of any appeal filed under section    2,642        

119.12 of the Revised Code.  If the license holder INDIVIDUAL      2,643        

SUBJECT TO THE SUSPENSION requests an adjudication hearing, the    2,645        

date set for the hearing ADJUDICATION shall be within fifteen      2,647        

days but not earlier than seven days after the license holder has  2,648        

requested a hearing INDIVIDUAL MAKES THE REQUEST, unless another   2,649        

                                                          59     


                                                                 
date is agreed to by both the license holder INDIVIDUAL and the    2,650        

board.  The summary suspension shall remain in effect, unless      2,652        

reversed by the board, until a final adjudication order issued by  2,653        

the board pursuant to this section and Chapter 119. of the         2,654        

Revised Code becomes effective.                                    2,655        

      The board shall issue its final adjudication order within    2,657        

ninety days after completion of the hearing ADJUDICATION.  If the  2,659        

board does not issue such A FINAL order within the ninety-day      2,660        

period, the summary suspension shall be void, but any final        2,662        

adjudication order issued subsequent to the ninety-day period      2,663        

shall not be affected.                                                          

      (C)  The license of a person licensed ISSUED TO AN           2,665        

INDIVIDUAL under this chapter is automatically suspended on that   2,667        

person's INDIVIDUAL'S conviction OF, plea of guilty TO, or         2,669        

judicial determination of guilt of FINDING WITH REGARD TO any of   2,670        

the following in Ohio or any other jurisdiction of the United      2,671        

States: aggravated murder, murder, voluntary manslaughter,         2,672        

felonious assault, kidnapping, rape, sexual battery, GROSS SEXUAL  2,673        

IMPOSITION, aggravated arson, AGGRAVATED ROBBERY, or aggravated    2,675        

burglary.  The suspension shall remain in effect from the date of  2,676        

the conviction, plea, or finding until an adjudicatory hearing     2,677        

ADJUDICATION is held under Chapter 119. of the Revised Code.  If   2,679        

the board has knowledge that an automatic suspension has           2,680        

occurred, it shall notify the license holder INDIVIDUAL SUBJECT                 

TO THE SUSPENSION.  If the license holder INDIVIDUAL is notified   2,682        

and either fails to request an adjudicatory hearing ADJUDICATION   2,684        

within the time periods established by Chapter 119. of the         2,686        

Revised Code or fails to participate in the hearing ADJUDICATION,  2,687        

the board may SHALL enter a final order PERMANENTLY revoking the   2,689        

license.                                                                        

      Sec. 4723.32.  This chapter does not prohibit ANY OF THE     2,698        

FOLLOWING:                                                                      

      (A)  The practice of nursing by students as an integral      2,700        

part of a program of study leading to initial licensure and A      2,701        

                                                          60     


                                                                 
STUDENT CURRENTLY ENROLLED IN AND ACTIVELY PURSUING COMPLETION OF  2,702        

A PRELICENSURE NURSING EDUCATION PROGRAM approved by the board of  2,703        

nursing, IF THE STUDENT'S PRACTICE IS UNDER THE AUSPICES OF THE    2,705        

PROGRAM AND THE STUDENT ACTS UNDER THE DIRECT SUPERVISION OF A     2,706        

REGISTERED NURSE SERVING FOR THE PROGRAM AS A FACULTY MEMBER,      2,707        

TEACHING ASSISTANT, OR PRECEPTOR;                                               

      (B)  The practice of nursing by a person currently licensed  2,710        

in another jurisdiction who is employed by the United States       2,711        

government or any agency thereof while in the discharge of                      

official duties;                                                   2,712        

      (C)  The rendering of medical assistance to a licensed       2,714        

physician, licensed dentist, or licensed podiatrist by a person    2,715        

under the direction, supervision, and control of such licensed     2,716        

physician, dentist, or podiatrist;                                 2,717        

      (D)(C)  The activities of persons employed as nursing        2,719        

aides, attendants, orderlies, or other auxiliary workers in        2,720        

patient homes, nurseries, nursing homes, hospitals, home health    2,721        

agencies, or other similar institutions;                           2,722        

      (E)  The practice of nursing by any registered nurse or      2,724        

licensed practical nurse currently licensed in another             2,725        

jurisdiction who is employed by an individual, agency, or          2,726        

corporation located in that jurisdiction and whose employment      2,727        

responsibilities include transporting patients into, out of, or    2,728        

through this jurisdiction, so long as each trip does not exceed    2,729        

forty-eight hours in this state;                                   2,730        

      (F)(D)  The provision of nursing services to family members  2,732        

or in emergency situations;                                        2,733        

      (G)(E)  The care of the sick when done in connection with    2,736        

the practice of religious tenets of any church and by OR FOR its   2,737        

members;                                                                        

      (H)(F)  The practice of nursing as a certified registered    2,739        

nurse anesthetist, clinical nurse specialist, certified            2,741        

nurse-midwife, or certified nurse practitioner by a student as an  2,742        

integral part CURRENTLY ENROLLED IN AND ACTIVELY PURSUING          2,743        

                                                          61     


                                                                 
COMPLETION of a program of study leading to initial authorization  2,744        

by the board to practice nursing in the specialty, if the program  2,745        

qualifies the student to sit for the examination of a national     2,746        

certifying organization listed in division (A)(3) of section       2,747        

4723.41 of the Revised Code or approved by the board under                      

section 4723.46 of the Revised Code, or prepares the student to    2,749        

receive a master's degree in accordance with division (A)(2) of    2,750        

section 4723.41 of the Revised Code;                                            

      (G)  THE ACTIVITIES OF AN INDIVIDUAL WHO CURRENTLY HOLDS A   2,753        

LICENSE TO PRACTICE NURSING IN ANOTHER JURISDICTION, IF THE        2,754        

INDIVIDUAL'S LICENSE HAS NOT BEEN REVOKED, THE INDIVIDUAL IS NOT   2,755        

CURRENTLY UNDER SUSPENSION OR ON PROBATION, THE INDIVIDUAL DOES    2,756        

NOT REPRESENT THE INDIVIDUAL AS BEING LICENSED UNDER THIS          2,757        

CHAPTER, AND ONE OF THE FOLLOWING IS THE CASE:                     2,758        

      (1)  THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING   2,760        

BY DISCHARGING OFFICIAL DUTIES WHILE EMPLOYED BY OR UNDER          2,761        

CONTRACT WITH THE UNITED STATES GOVERNMENT OR ANY AGENCY THEREOF;  2,764        

      (2)  THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING   2,766        

AS AN EMPLOYEE OF AN INDIVIDUAL, AGENCY, OR CORPORATION LOCATED    2,767        

IN THE OTHER JURISDICTION IN A POSITION WITH EMPLOYMENT            2,768        

RESPONSIBILITIES THAT INCLUDE TRANSPORTING PATIENTS INTO, OUT OF,  2,769        

OR THROUGH THIS STATE, AS LONG AS EACH TRIP IN THIS STATE DOES     2,770        

NOT EXCEED SEVENTY-TWO HOURS;                                      2,771        

      (3)  THE INDIVIDUAL IS CONSULTING WITH AN INDIVIDUAL         2,773        

LICENSED IN THIS STATE TO PRACTICE ANY HEALTH-RELATED PROFESSION;  2,774        

      (4)  THE INDIVIDUAL IS ENGAGING IN ACTIVITIES ASSOCIATED     2,776        

WITH TEACHING IN THIS STATE AS A GUEST LECTURER AT OR FOR A        2,778        

NURSING EDUCATION PROGRAM, CONTINUING NURSING EDUCATION PROGRAM,   2,779        

OR IN-SERVICE PRESENTATION;                                        2,780        

      (5)  THE INDIVIDUAL IS CONDUCTING EVALUATIONS OF NURSING     2,782        

CARE THAT ARE UNDERTAKEN ON BEHALF OF AN ACCREDITING               2,784        

ORGANIZATION, INCLUDING THE NATIONAL LEAGUE FOR NURSING            2,785        

ACCREDITING COMMITTEE, THE JOINT COMMISSION ON ACCREDITATION OF    2,786        

HEALTHCARE ORGANIZATIONS, OR ANY OTHER NATIONALLY RECOGNIZED       2,787        

                                                          62     


                                                                 
ACCREDITING ORGANIZATION;                                                       

      (6)  THE INDIVIDUAL IS PROVIDING NURSING CARE TO AN          2,789        

INDIVIDUAL WHO IS IN THIS STATE ON A TEMPORARY BASIS, NOT TO       2,790        

EXCEED SIX MONTHS IN ANY ONE CALENDAR YEAR, IF THE NURSE IS        2,791        

DIRECTLY EMPLOYED BY OR UNDER CONTRACT WITH THE INDIVIDUAL OR A    2,792        

GUARDIAN OR OTHER PERSON ACTING ON THE INDIVIDUAL'S BEHALF;        2,793        

      (7)  THE INDIVIDUAL IS PROVIDING NURSING CARE DURING ANY     2,795        

DISASTER, NATURAL OR OTHERWISE, THAT HAS BEEN OFFICIALLY DECLARED  2,796        

TO BE A DISASTER BY A PUBLIC ANNOUNCEMENT ISSUED BY AN             2,797        

APPROPRIATE FEDERAL, STATE, COUNTY, OR MUNICIPAL OFFICIAL.         2,798        

      Sec. 4723.34.  (A)  REPORTS TO THE BOARD OF NURSING SHALL    2,807        

BE MADE AS FOLLOWS:                                                2,808        

      (1)  Every employer of registered nurses or licensed         2,811        

practical nurses shall report to the board of nursing the name of  2,812        

any person CURRENT OR FORMER EMPLOYEE licensed under this chapter  2,813        

whose employment WHO has been terminated voluntarily or            2,814        

involuntarily because of ENGAGED IN conduct that would be grounds  2,815        

for disciplinary action by the board under division (B) of         2,817        

section 4723.28 of the Revised Code.                               2,818        

      (B)(2)  Nursing associations shall report to the board the   2,820        

name of any registered nurse or licensed practical nurse who has   2,821        

been investigated and found to constitute a danger to the public   2,822        

health, safety, and welfare because of conduct that would be       2,823        

grounds for disciplinary action by the board under section         2,824        

4723.28 of the Revised Code, except that a nursing association is  2,825        

not required to report the name of such a nurse if the nurse is    2,826        

maintaining satisfactory participation in a peer support program   2,827        

approved by the board under rules adopted under section 4723.07    2,828        

of the Revised Code.                                               2,829        

      (C)(3)  If the prosecutor in a case described in divisions   2,831        

(B)(3) to (5) of section 4723.28 of the Revised Code, or in a      2,832        

case where the trial court issued an order of dismissal upon       2,833        

technical or procedural grounds of a charge of a misdemeanor       2,834        

committed in the course of practice, a felony charge, or a charge  2,835        

                                                          63     


                                                                 
of gross immorality or moral turpitude, knows or has reason to     2,836        

believe that the person charged is licensed under this chapter to  2,837        

practice nursing as a registered nurse or as a licensed practical  2,838        

nurse, the prosecutor shall notify the board of nursing on forms   2,839        

prescribed and provided by the board.  The report shall include    2,840        

the name and address of the license holder, the charge, and the    2,841        

certified court documents recording the action.                    2,842        

      (D)(B)  If any person fails to provide a report required by  2,844        

this section, the board may seek an order from a court of          2,845        

competent jurisdiction compelling submission of the report.        2,846        

      Sec. 4723.341.  As used in this section, "person" has the    2,855        

same meaning as in section 1.59 of the Revised Code and also       2,856        

includes the board of nursing and its members and employees;       2,857        

health care facilities, associations, and societies; insurers;     2,858        

and individuals.                                                   2,859        

      In the absence of fraud or bad faith, no person reporting    2,861        

to the board of nursing or testifying in an adjudication hearing   2,862        

conducted under Chapter 119. of the Revised Code with regard to    2,863        

alleged incidents of negligence or malpractice, matters subject    2,864        

to section 2301.373 or 4723.28 of the Revised Code, violations of  2,865        

section 4723.34 of the Revised Code, or the qualifications,        2,866        

fitness, or character of a person licensed or applying for a       2,867        

license to practice nursing as a registered nurse or licensed      2,868        

practical nurse shall be subject to any civil action or liable     2,869        

for damages as a result of making the report or testifying.        2,870        

      In the absence of fraud or bad faith, no professional        2,872        

association of individuals who are licensed under this chapter     2,873        

that sponsors a committee or program to provide peer assistance    2,874        

to nurses with substance abuse problems, no representative or      2,875        

agent of such a committee or program, and no member of the board   2,876        

of nursing shall be liable to any person for damages in a civil    2,877        

action by reason of actions taken to refer a nurse to a treatment  2,878        

provider designated by the board or actions or omissions of the    2,879        

provider in treating a nurse.                                      2,880        

                                                          64     


                                                                 
      Sec. 4723.35.  (A)  As used in this section, "chemical       2,889        

dependency" means either of the following:                         2,890        

      (1)  The chronic and habitual use of alcoholic beverages to  2,892        

the extent that the user no longer can control the use of alcohol  2,893        

or endangers the user's health, safety, or welfare or that of      2,894        

others;                                                                         

      (2)  The use of a drug of abuse, CONTROLLED SUBSTANCE as     2,896        

defined in section 3719.011 3719.01 of the Revised Code, A         2,898        

HARMFUL INTOXICANT AS DEFINED IN SECTION 2925.01 OF THE REVISED    2,899        

CODE, OR A DANGEROUS DRUG AS DEFINED IN SECTION 4729.01 OF THE     2,900        

REVISED CODE, to the extent that the user becomes physically or    2,902        

psychologically dependent on the SUBSTANCE, INTOXICANT, OR drug    2,903        

or endangers the user's health, safety, or welfare or that of      2,904        

others.                                                            2,905        

      (B)  The board of nursing shall establish a chemical         2,907        

dependency treatment MONITORING program, which shall be called     2,908        

the alternative program for chemically dependent nurses.  The      2,911        

progarm PROGRAM shall be MADE available to registered nurses and   2,913        

licensed practical nurses ANY INDIVIDUAL UNDER THE BOARD'S         2,914        

JURISDICTION who have HAS a chemical dependency and meet MEETS     2,916        

THE BOARD'S eligibility requirements FOR ADMISSION TO AND          2,917        

CONTINUED PARTICIPATION IN THE PROGRAM.  The board shall develop   2,918        

the program, SELECT THE PROGRAM'S NAME, and designate an           2,919        

administrator A COORDINATOR to operate it, and ADMINISTER THE      2,921        

PROGRAM.                                                                        

      (C)  THE BOARD shall adopt rules in accordance with Chapter  2,924        

119. of the Revised Code that establish the following:                          

      (1)  Eligibility requirements for ADMISSION TO AND           2,926        

CONTINUED participation IN THE MONITORING PROGRAM;                 2,927        

      (2)  Terms and conditions a nurse THAT must meet BE MET to   2,930        

PARTICIPATE IN AND successfully complete the program;              2,931        

      (3)  Procedures for keeping confidential records regarding   2,933        

participants;                                                                   

      (4)  Any other requirements or procedures necessary to       2,935        

                                                          65     


                                                                 
establish and administer the program.                              2,936        

      (C)  A registered nurse or licensed practical nurse may      2,938        

voluntarily seek treatment for any chemical dependency that may    2,939        

be grounds for disciplinary action by the board under division     2,941        

(B) of section 4723.28 of the Revised Code.  The board of nursing  2,943        

may abstain from taking disciplinary action against a nurse who    2,944        

voluntarily seeks treatment if it finds that the nurse can be      2,945        

treated effectively and that there is no impairment of ability to  2,946        

practice according to acceptable and prevailing standards of safe  2,948        

nursing care.  The board may require, as a condition of its        2,949        

abstention, that the nurse participate in the alternative program  2,950        

for chemically dependent nurses, comply with the terms and         2,951        

conditions of the program, and successfully complete it.           2,952        

      (D)  A nurse who voluntarily participates in the             2,954        

alternative program for chemically dependent nurses without being  2,955        

referred by the board and complies with the terms and conditions   2,956        

of the program and the requirements of this section shall not be   2,957        

subject to investigation or disciplinary action by the board for   2,958        

chemical dependency.  The nurse shall report to the board any                   

failure to comply with the terms and conditions of the program or  2,960        

successfully complete it.                                                       

      (E)(D)  Except as provided in division (F)(E) of this        2,963        

section, all records OF AN INDIVIDUAL'S PARTICIPATION IN THE       2,964        

MONITORING PROGRAM, including medical records, chemical            2,965        

dependency records, and mental health records, of a participant    2,966        

in the program shall be confidential, are not public records for   2,968        

the purposes of section 149.43 of the Revised Code, and are not                 

subject to discovery by subpoena or admissible as evidence in any  2,970        

judicial proceeding.  The administrator of the program             2,971        

COORDINATOR shall maintain all records in the board's office for   2,973        

a period of five years.                                                         

      (F)  On commencement of participation in the program, a      2,976        

registered nurse or licensed practical nurse shall sign a waiver                

permitting the program administrator to release to the board the   2,977        

                                                          66     


                                                                 
nurse's records if the nurse fails to comply with the terms and    2,979        

conditions of the program, does not successfully complete the      2,980        

program, or is unable to practice according to acceptable and      2,981        

prevailing standards of safe nursing care due to chemical          2,983        

dependency.  The administrator shall report to the board any such  2,984        

nurse and release the nurse's records to it.  The board shall      2,985        

then investigate in accordance with division (E) of section        2,986        

4723.28 of the Revised Code.                                                    

      (G)(E)  THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE    2,988        

RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND      2,990        

STATUS OF PARTICIPATION IN THE PROGRAM TO THE DISCIPLINARY         2,992        

SECTION OF THE BOARD OF NURSING AND TO ANY PERSON OR GOVERNMENT    2,993        

ENTITY THAT THE PROGRAM PARTICIPANT AUTHORIZES IN WRITING TO BE    2,994        

GIVEN THE RECORDS OR INFORMATION.  IN DISCLOSING RECORDS OR        2,995        

INFORMATION UNDER THIS DIVISION, THE COORDINATOR SHALL NOT         2,996        

INCLUDE ANY RECORD OR INFORMATION THAT IS PROTECTED UNDER SECTION  2,997        

3793.13 OF THE REVISED CODE OR ANY FEDERAL STATUTE OR REGULATION   2,999        

THAT PROVIDES FOR THE CONFIDENTIALITY OF MENTAL HEALTH OR          3,000        

SUBSTANCE ABUSE RECORDS.                                           3,001        

      (F)  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING    3,003        

PROGRAM'S COORDINATOR, THE BOARD OF NURSING, AND THE BOARD'S       3,004        

EMPLOYEES AND REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY    3,006        

CIVIL ACTION AS A RESULT OF DISCLOSING RECORDS OR INFORMATION IN   3,007        

ACCORDANCE WITH DIVISION (E) OF THIS SECTION.  In the absence of   3,009        

fraud or bad faith, any person reporting to the program with       3,011        

regard to a nurse's AN INDIVIDUAL'S chemical dependence            3,012        

DEPENDENCY, or the progress or lack of progress of that nurse      3,013        

INDIVIDUAL with regard to treatment, shall be immune from any      3,015        

civil action and shall IS not be liable for civil damages IN ANY   3,016        

CIVIL ACTION as a result of the report.                            3,017        

      (G)  THE BOARD OF NURSING MAY ABSTAIN FROM TAKING ACTION     3,019        

UNDER SECTION 4723.28 OF THE REVISED CODE AGAINST AN INDIVIDUAL    3,020        

BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY, IF THE            3,022        

INDIVIDUAL MEETS THE ELIGIBILITY REQUIREMENTS FOR ADMISSION INTO   3,024        

                                                          67     


                                                                 
THE MONITORING PROGRAM AND ALL OF THE FOLLOWING OCCUR:             3,026        

      (1)  THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH  3,028        

THE COORDINATOR OF THE PROGRAM;                                    3,029        

      (2)  THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS   3,031        

FOR CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE    3,032        

MONITORING AGREEMENT;                                              3,033        

      (3)  THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND     3,035        

CONDITIONS OF THE MONITORING AGREEMENT.                            3,036        

      Sec. 4723.42.  (A)  If the applicant for authorization to    3,045        

practice nursing as a certified registered nurse anesthetist,      3,047        

clinical nurse specialist, certified nurse-midwife, or certified   3,050        

nurse practitioner has met all the requirements of section         3,052        

4723.41 of the Revised Code and has paid the fee required by       3,054        

section 4723.08 of the Revised Code, the board of nursing shall    3,055        

issue its certificate of authority to practice nursing as a        3,057        

certified registered nurse anesthetist, clinical nurse             3,058        

specialist, certified nurse-midwife, or certified nurse            3,060        

practitioner, which shall designate the nursing specialty the      3,062        

nurse is authorized to practice.  The certificate entitles its     3,063        

holder to practice nursing in the specialty designated on the      3,064        

certificate.                                                                    

      The board shall issue or deny its certificate not later      3,067        

than sixty days after receiving all of the documents required by   3,068        

section 4723.41 of the Revised Code.                               3,069        

      If an applicant is under investigation for a violation of    3,072        

this chapter, the board shall conclude the investigation not       3,073        

later than ninety days after receipt of all required documents,    3,074        

unless this ninety-day period is extended by written consent of    3,075        

the applicant, or unless the board determines that a substantial   3,077        

question of such a violation exists and the board has notified     3,078        

the applicant in writing of the reasons for the continuation of    3,079        

the investigation.  If the board determines that the applicant     3,080        

has not violated this chapter, it shall issue a certificate not    3,081        

later than forty-five days after making that determination.        3,084        

                                                          68     


                                                                 
      (B)  Authorization to practice nursing as a certified        3,087        

registered nurse anesthetist, clinical nurse specialist,           3,089        

certified nurse-midwife, or certified nurse practitioner shall be  3,091        

renewed biennially according to rules and a schedule adopted by    3,093        

the board.  Before a date specified by the board IN PROVIDING      3,094        

RENEWAL APPLICATIONS TO CERTIFICATE HOLDERS, the board shall mail  3,096        

an application for renewal of a certificate of authority to each                

certificate holder at the last known address of the holder FOLLOW  3,099        

THE PROCEDURES IT FOLLOWS UNDER SECTION 4723.24 OF THE REVISED     3,100        

CODE IN PROVIDING RENEWAL APPLICATIONS TO LICENSE HOLDERS.         3,101        

Failure of the CERTIFICATE holder to receive an application for    3,103        

renewal from the board does not excuse the holder from the         3,104        

requirements of section 4723.44 of the Revised Code.  Not          3,105        

      NOT later than the date specified by the board, the holder   3,108        

shall complete the renewal form and return it to the board with    3,110        

all of the following:                                                           

      (1)  The renewal fee required by section 4723.08 of the      3,112        

Revised Code;                                                      3,113        

      (2)  Except as provided in division (C) of this section,     3,116        

documentation satisfactory to the board that the holder has        3,117        

maintained certification in the nursing specialty with a national  3,118        

certifying organization listed in division (A)(3) of section       3,120        

4723.41 of the Revised Code or approved by the board under         3,121        

section 4723.46 of the Revised Code;                               3,122        

      (3)  A list of the names and business addresses of the       3,124        

holder's current collaborating physicians and podiatrists, if the  3,125        

holder is a clinical nurse specialist, certified nurse-midwife,    3,126        

or certified nurse practitioner;                                                

      (4)  If the holder's certificate was issued under division   3,129        

(C) of section 4723.41 of the Revised Code, evidence               3,130        

DOCUMENTATION SATISFACTORY TO THE BOARD that the holder has        3,131        

completed continuing education for a clinical nurse specialist as  3,132        

required by rule of the board;                                     3,133        

      (5)  If the holder's certificate was issued under division   3,136        

                                                          69     


                                                                 
(D) of section 4723.41 of the Revised Code, verification of        3,137        

DOCUMENTATION SATISFACTORY TO THE BOARD THAT THE HOLDER HAS        3,138        

continued employment by a public agency or a private, nonprofit    3,139        

entity that receives funding under Title X of the "Public Health   3,141        

Service Act," 42 U.S.C. 300 and 300a-1 (1991).                     3,143        

      On receipt of the renewal application, fees, and documents,  3,146        

the board shall verify that the applicant holds a current license  3,148        

to practice nursing as a registered nurse in this state, and, if   3,150        

it so verifies, shall renew the certificate.  If an applicant      3,151        

submits the completed renewal application after the date           3,152        

specified in the board's schedule, but before the expiration of    3,153        

the certificate, the board shall grant a renewal when the late     3,154        

renewal fee required by section 4723.08 of the Revised Code is     3,155        

paid.                                                                           

      An applicant for reinstatement of an expired certificate     3,157        

shall submit the REINSTATEMENT FEE, renewal fee, and the late      3,160        

renewal fee required by section 4723.08 of the Revised Code.  Any  3,161        

holder of a certificate who desires inactive status shall give     3,162        

the board written notice to that effect.                           3,163        

      (C)  The board shall renew a certificate of authority to     3,166        

practice nursing as a clinical nurse specialist issued pursuant    3,167        

to division (C) of section 4723.41 of the Revised Code, if the     3,169        

certificate holder complies with all renewal requirements of this  3,170        

section other than the requirement of having maintained            3,171        

certification in the holder's nursing specialty.                   3,172        

      Sec. 4723.43.  A certified registered nurse anesthetist,     3,182        

clinical nurse specialist, certified nurse-midwife, or certified   3,183        

nurse practitioner may provide to individuals and groups nursing   3,185        

care that requires knowledge and skill obtained from advanced      3,186        

formal education and clinical experience.                                       

      (A)  A nurse authorized to practice as a certified           3,189        

nurse-midwife, in collaboration with one or more physicians, may   3,190        

provide the management of preventive services and those primary    3,191        

care services necessary to provide health care to women            3,192        

                                                          70     


                                                                 
antepartally, intrapartally, postpartally, and gynecologically,    3,193        

consistent with the nurse's education and certification, and in    3,194        

accordance with rules adopted by the board.                                     

      No certified nurse-midwife may perform version, deliver      3,197        

breech or face presentation, use forceps, do any obstetric         3,198        

operation, or treat any other abnormal condition, except in        3,199        

emergencies.  Division (A) of this section does not prohibit a     3,201        

certified nurse-midwife from performing episiotomies or normal     3,202        

vaginal deliveries, or repairing vaginal tears.  A certified       3,203        

nurse-midwife who holds a certificate to prescribe issued under    3,205        

section 4723.48 of the Revised Code may, in collaboration with     3,207        

one or more physicians, prescribe drugs and therapeutic devices    3,208        

in accordance with section 4723.481 of the Revised Code.           3,209        

      (B)  A nurse authorized to practice as a certified           3,212        

registered nurse anesthetist, with the supervision and in the      3,213        

immediate presence of a physician, podiatrist, or dentist, may     3,214        

administer anesthesia and perform anesthesia induction,                         

maintenance, and emergence, and may perform with supervision       3,215        

preanesthetic preparation and evaluation, postanesthesia care,     3,216        

and clinical support functions, consistent with the nurse's        3,218        

education and certification, and in accordance with rules adopted  3,219        

by the board.  A certified registered nurse anesthetist is not     3,221        

required to obtain a certificate to prescribe in order to provide  3,222        

the anesthesia care described in this division.                    3,223        

      The physician, podiatrist, or dentist supervising a          3,225        

certified registered nurse anesthetist must be actively engaged    3,227        

in practice in this state.  When a certified registered nurse      3,229        

anesthetist is supervised by a podiatrist, the nurse's scope of    3,230        

practice is limited to the anesthesia procedures that the          3,231        

podiatrist has the authority under section 4731.51 of the Revised  3,232        

Code to perform.  A certified registered nurse anesthetist may     3,233        

not administer general anesthesia under the supervision of a       3,234        

podiatrist in a podiatrist's office.  When a certified registered  3,235        

nurse anesthetist is supervised by a dentist, the nurse's scope    3,237        

                                                          71     


                                                                 
of practice is limited to the anesthesia procedures that the                    

dentist has the authority under Chapter 4715. of the Revised Code  3,239        

to perform.                                                                     

      (C)  A nurse authorized to practice as a certified nurse     3,241        

practitioner, in collaboration with one or more physicians or      3,242        

podiatrists, may provide preventive and primary care services and  3,244        

evaluate and promote patient wellness within the nurse's nursing   3,245        

specialty, consistent with the nurse's education and               3,246        

certification, and in accordance with rules adopted by the board.  3,247        

A certified nurse practitioner who holds a certificate to          3,248        

prescribe issued under section 4723.48 of the Revised Code may,    3,251        

in collaboration with one or more physicians or podiatrists,       3,252        

prescribe drugs and therapeutic devices in accordance with         3,253        

section 4723.481 of the Revised Code.                                           

      When a certified nurse practitioner is collaborating with a  3,256        

podiatrist, the nurse's scope of practice is limited to the        3,257        

procedures that the podiatrist has the authority under section     3,258        

4731.51 of the Revised Code to perform.                            3,259        

      (D)  A nurse authorized to practice as a clinical nurse      3,262        

specialist, in collaboration with one or more physicians or        3,263        

podiatrists, may provide and manage the care of individuals and                 

groups with complex health problems and provide health care        3,264        

services that promote, improve, and manage health care within the  3,266        

nurse's nursing specialty, consistent with the nurse's education   3,267        

and in accordance with rules adopted by the board.  A clinical     3,268        

nurse specialist who holds a certificate to prescribe issued       3,269        

under section 4723.48 of the Revised Code may, in collaboration    3,271        

with one or more physicians or podiatrists, prescribe drugs and    3,272        

therapeutic devices in accordance with section 4731.481 4723.481   3,273        

of the Revised Code.                                               3,274        

      When a clinical nurse specialist is collaborating with a     3,276        

podiatrist, the nurse's scope of practice is limited to the        3,277        

procedures that the podiatrist has the authority under section     3,278        

4731.51 of the Revised Code to perform.                            3,279        

                                                          72     


                                                                 
      Sec. 4723.47.  (A)  If a certified registered nurse          3,288        

anesthetist's, clinical nurse specialist's, certified              3,289        

nurse-midwife's, or certified nurse practitioner's license to      3,290        

practice nursing as a registered nurse expires for failure to      3,291        

renew under section 4723.24 of the Revised Code, the nurse's       3,292        

certificate of authority to practice nursing as a certified        3,293        

registered nurse anesthetist, clinical nurse specialist,           3,294        

certified nurse-midwife, or certified nurse practitioner is        3,296        

lapsed until the license is reinstated.  If the license is         3,298        

revoked under section 4723.28 or 4723.281 of the Revised Code,     3,299        

the nurse's certificate of authority is automatically revoked.     3,300        

If the license is suspended under either section, the nurse's      3,301        

certificate of authority is automatically suspended while the      3,302        

license remains suspended.  IF THE LICENSE IS CLASSIFIED AS        3,303        

INACTIVE UNDER SECTION 4723.24 OF THE REVISED CODE, THE NURSE'S    3,304        

CERTIFICATE OF AUTHORITY IS AUTOMATICALLY CLASSIFIED AS INACTIVE   3,305        

WHILE THE LICENSE REMAINS INACTIVE.                                             

      (B)  If a clinical nurse specialist, certified               3,307        

nurse-midwife, or certified nurse practitioner holds a             3,308        

certificate to prescribe issued under section 4723.48 of the       3,309        

Revised Code and the nurse's certificate of authority to practice  3,310        

as a clinical nurse specialist, certified nurse-midwife, or        3,312        

certified nurse practitioner expires for failure to renew under    3,313        

section 4723.41 of the Revised Code, the nurse's certificate to    3,314        

prescribe is lapsed until the certificate of authority is          3,315        

reinstated.  If the certificate of authority becomes inactive in   3,316        

accordance with section 4723.42 of the Revised Code, the nurse's   3,319        

certificate to prescribe is lapsed until the certificate of        3,321        

authority becomes active.  If the certificate of authority is      3,322        

revoked under section 4723.28 or 4723.281 of the Revised Code,     3,324        

the nurse's certificate to prescribe is automatically revoked.     3,325        

If the certificate of authority is suspended under either          3,326        

section, the nurse's certificate to prescribe is automatically     3,327        

suspended while the certificate of authority remains suspended.    3,328        

                                                          73     


                                                                 
If a restriction is placed on the certificate of authority under   3,329        

section 4723.28 of the Revised Code, the same restriction is       3,330        

placed on the nurse's certificate to prescribe while the           3,331        

certificate of authority remains restricted.                       3,332        

      Sec. 4723.99.  Whoever (A)  EXCEPT AS PROVIDED IN DIVISION   3,341        

(B) OF THIS SECTION, WHOEVER violates section 4723.03 or 4723.44   3,342        

of the Revised Code shall be fined five hundred dollars or         3,344        

imprisoned not more than ninety days or both IS GUILTY OF A        3,346        

FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE AND A FELONY OF THE  3,347        

FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE.                                       

      (B)  A REGISTERED NURSE OR LICENSED PRACTICAL NURSE WHO      3,349        

VIOLATES DIVISION (A) OR (B) OF SECTION 4723.03 OF THE REVISED     3,351        

CODE BY REASON OF A LICENSE TO PRACTICE NURSING THAT HAS LAPSED    3,352        

FOR FAILURE TO RENEW OR IS CLASSIFIED AS INACTIVE IS GUILTY OF A   3,353        

MINOR MISDEMEANOR.                                                 3,354        

      Sec. 4731.27.  (A)  As used in this section,                 3,363        

"collaboration," "physician," "standard care arrangement," and     3,365        

"supervision" have the same meanings as in section 4723.02         3,366        

4723.01 of the Revised Code.                                       3,367        

      (B)  Except as provided in division (C)(1) of section        3,369        

4723.431 of the Revised Code, a physician or podiatrist shall      3,371        

enter into a standard care arrangement with each clinical nurse    3,372        

specialist, certified nurse-midwife, or certified nurse            3,373        

practitioner with whom the physician or podiatrist is in           3,374        

collaboration.  The collaborating physician or podiatrist shall    3,375        

fulfill the responsibilities of collaboration, as specified in     3,376        

the arrangement and in accordance with division (A) of scetion     3,378        

SECTION 4723.431 of the Revised Code.  A copy of the standard      3,379        

care arrangement shall be retained on file at each site where the  3,380        

nurse practices.  Prior approval of the standard care arrangement  3,382        

by the state medical board is not required, but the board may      3,383        

periodically review it.                                                         

      Nothing in this division prohibits a hospital from hiring a  3,386        

clinical nurse specialist, certified nurse-midwife, or certified   3,388        

                                                          74     


                                                                 
nurse practitioner as an employee and negotiating standard care    3,389        

arrangements on behalf of the employee as necessary to meet the    3,390        

requirements of this section.  A standard care arrangement         3,391        

between the hospital's employee and the employee's collaborating                

physician is subject to approval by the medical staff and          3,392        

governing body of the hospital prior to implementation of the      3,393        

arrangement at the hospital.                                                    

      (D)(C)  With respect to a clinical nurse specialist,         3,396        

certified nurse-midwife, or certified nurse practitioner                        

participating in an externship pursuant to an initial certificate  3,398        

to prescribe issued under section 4723.48 of the Revised Code,     3,400        

the physician responsible for evaluating the externship shall      3,401        

provide the state medical board with the name of the nurse.  If                 

the externship is terminated for any reason, the physician shall   3,403        

notify the board.                                                               

      (D)  A physician or podiatrist shall cooperate with the      3,405        

board of nursing in any investigation the board conducts with      3,407        

respect to a clinical nurse specialist, certified nurse-midwife,   3,409        

or certified nurse practitioner who collaborates with the          3,410        

physician or podiatrist or with respect to a certified registered  3,412        

nurse anesthetist who practices with the supervision of the        3,413        

physician or podiatrist.                                                        

      Sec. 4731.281.  (A)  On or before the deadline established   3,422        

under division (B) of this section for applying for renewal of a   3,424        

certificate of registration, each person holding a certificate     3,425        

under this chapter to practice medicine and surgery, osteopathic   3,426        

medicine and surgery, or podiatry shall certify to the state       3,427        

medical board that in the preceding two years the person has       3,428        

completed one hundred hours of continuing medical education.  The  3,429        

certification shall be made upon the application for biennial      3,430        

registration submitted pursuant to division (B) of this section.   3,432        

The board shall adopt rules providing for pro rata reductions by   3,433        

month of the number of hours of continuing education required for  3,435        

persons who are in their first registration period, who have a                  

                                                          75     


                                                                 
registration period of less than two years due to initial          3,436        

implementation of the staggered renewal schedule established       3,437        

under division (B) of this section, who have been disabled due to  3,439        

illness or accident, or who have been absent from the country.     3,440        

      In determining whether a course, program, or activity        3,442        

qualifies for credit as continuing medical education, the board    3,443        

shall approve all continuing medical education taken by persons    3,445        

holding a certificate to practice medicine and surgery that is     3,446        

certified by the Ohio state medical association, all continuing    3,447        

medical education taken by persons holding a certificate to        3,448        

practice osteopathic medicine and surgery that is certified by     3,449        

the Ohio osteopathic association, and all continuing medical       3,450        

education taken by persons holding a certificate to practice       3,451        

podiatry that is certified by the Ohio podiatric medical           3,452        

association.  Each person holding a certificate to practice under  3,454        

this chapter shall be given sufficient choice of continuing        3,455        

education programs to ensure that the person has had a reasonable  3,456        

opportunity to participate in continuing education programs that   3,458        

are relevant to the person's medical practice in terms of subject  3,460        

matter and level.                                                               

      The board may require a random sample of persons holding a   3,463        

certificate to practice under this chapter to submit materials     3,464        

documenting completion of the continuing medical education         3,465        

requirement during the preceding registration period, but this     3,466        

provision shall not limit the board's authority to investigate     3,467        

pursuant to section 4731.22 of the Revised Code.                   3,468        

      (B)(1)  Every person holding a certificate under this        3,470        

chapter to practice medicine and surgery, osteopathic medicine     3,471        

and surgery, or podiatry wishing to renew that certificate shall   3,472        

apply to the board for a certificate of registration upon an       3,474        

application furnished by the board, and pay to the board at the    3,475        

time of application a fee of three hundred five dollars,           3,476        

according to the following schedule:                               3,477        

      (a)  Persons whose last name begins with the letters "A"     3,479        

                                                          76     


                                                                 
through "B," on or before April 1, 2001, and the first day of      3,480        

April of every odd-numbered year thereafter;                       3,481        

      (b)  Persons whose last name begins with the letters "C"     3,483        

through "D," on or before January 1, 2001, and the first day of    3,484        

January of every odd-numbered year thereafter;                     3,485        

      (c)  Persons whose last name begins with the letters "E"     3,488        

through "G," on or before October 1, 2000, and the first day of    3,490        

October of every even-numbered year thereafter;                    3,491        

      (d)  Persons whose last name begins with the letters "H"     3,494        

through "K," on or before July 1, 2000, and the first day of July  3,496        

of every even-numbered year thereafter;                                         

      (e)  Persons whose last name begins with the letters "L"     3,499        

through "M," on or before April 1, 2000, and the first day of      3,501        

April of every even-numbered year thereafter;                                   

      (f)  Persons whose last name begins with the letters "N"     3,504        

through "R," on or before January 1, 2000, and the first day of    3,507        

January of every even-numbered year thereafter;                    3,508        

      (g)  Persons whose last name begins with the letter "S," on  3,511        

or before October 1, 1999, and the first day of October of every   3,512        

odd-numbered year thereafter;                                                   

      (h)  Persons whose last name begins with the letters "T"     3,515        

through "Z," on or before July 1, 1999, and the first day of July  3,516        

of every odd-numbered year thereafter.                             3,517        

      The board shall deposit the fee in accordance with section   3,520        

4731.24 of the Revised Code, except that, until July 30, 2001,     3,522        

the board shall deposit twenty dollars of the fee into the state   3,523        

treasury to the credit of the physician loan repayment fund        3,524        

created by section 3702.78 of the Revised Code.                    3,525        

      (2)  The board shall mail or cause to be mailed to every     3,527        

person registered to practice medicine and surgery, osteopathic    3,528        

medicine and surgery, or podiatry, an application for              3,529        

registration addressed to the person's last known post-office      3,530        

address or may cause the application to be sent to the person      3,532        

through the secretary of any recognized medical, osteopathic, or   3,533        

                                                          77     


                                                                 
podiatric society, according to the following schedule:            3,534        

      (a)  To persons whose last name begins with the letters "A"  3,536        

through "B," on or before January 1, 2001, and the first day of    3,538        

January of every odd-numbered year thereafter;                                  

      (b)  To persons whose last name begins with the letters "C"  3,541        

through "D," on or before October 1, 2000, and the first day of    3,542        

October of every even-numbered year thereafter;                    3,543        

      (c)  To persons whose last name begins with the letters "E"  3,546        

through "G," on or before July 1, 2000, and the first day of July  3,549        

of every even-numbered year thereafter;                            3,550        

      (d)  To persons whose last name begins with the letters "H"  3,553        

through "K," on or before April 1, 2000, and the first day of      3,556        

April of every even-numbered year thereafter;                      3,557        

      (e)  To persons whose last name begins with the letters "L"  3,560        

through "M," on or before January 1, 2000, and the first day of    3,563        

January of every even-numbered year thereafter;                    3,564        

      (f)  To persons whose last name begins with the letters "N"  3,567        

through "R," on or before October 1, 1999, and the first day of    3,570        

October of every odd-numbered year thereafter;                     3,571        

      (g)  To persons whose last name begins with the letter "S,"  3,574        

on or before July 1, 1999, and the first day of July of every      3,576        

odd-numbered year thereafter;                                      3,577        

      (h)  To persons whose last name begins with the letters "T"  3,580        

through "Z," on or before April 1, 1999, and the first day of      3,583        

April of every odd-numbered year thereafter.                       3,584        

      Failure of any person to receive an application from the     3,587        

board shall not excuse the person from the requirements contained  3,588        

in this section.  The application shall contain proper spaces for  3,589        

the applicant's signature and the insertion of the required        3,590        

information, including a statement that the person has fulfilled   3,592        

the continuing education requirements imposed by this section.     3,593        

      The applicant shall write or cause to be written upon the    3,595        

application so furnished the applicant's full name, principal      3,597        

practice address and residence address, the number of the          3,599        

                                                          78     


                                                                 
applicant's certificate to practice, and any other facts for the   3,601        

identification of the applicant as a person holding a certificate  3,602        

to practice under this chapter as the board considers necessary.   3,603        

The applicant shall include with the application a list of the     3,604        

names and addresses of any clinical nurse specialists, certified   3,605        

nurse-midwives, or certified nurse practitioners with whom the     3,606        

applicant is currently collaborating, as defined in section        3,607        

4723.02 4723.01 of the Revised Code.  The applicant shall execute  3,609        

and deliver the application to the board by mail or in person.     3,611        

Every person registered under this section shall give written      3,612        

notice to the board of any change of principal practice address    3,613        

or residence address or in the list within thirty days of the      3,614        

change.                                                                         

      The applicant shall report any criminal offense that         3,616        

constitutes grounds for refusal of registration under section      3,617        

4731.22 of the Revised Code to which the applicant has pleaded     3,618        

guilty, of which the applicant has been found guilty, or for       3,621        

which the applicant has been found eligible for treatment in lieu  3,622        

of conviction, since last signing an application for a             3,624        

certificate of registration.                                                    

      (C)  The board shall issue to any person holding a           3,626        

certificate under this chapter to practice medicine and surgery,   3,627        

osteopathic medicine and surgery, or podiatry, upon application    3,628        

and qualification therefor in accordance with this section, a      3,629        

certificate of registration under the seal of the board.  A        3,630        

certificate of registration shall be valid for a two-year period,  3,631        

commencing on the first day of the third month after the           3,633        

registration fee is due and expiring on the last day of the month  3,635        

two years thereafter.                                              3,636        

      The board shall publish and cause to be mailed to each       3,640        

person registered under this section, upon request, a printed      3,641        

list of the persons so registered.                                              

      (D)  Failure of any certificate holder to register and       3,643        

comply with this section shall operate automatically to suspend    3,644        

                                                          79     


                                                                 
the holder's certificate to practice.  Continued practice after    3,647        

the suspension of the certificate to practice shall be considered  3,648        

as practicing in violation of section 4731.41, 4731.43, or         3,650        

4731.60 of the Revised Code.  Subject to section 4731.222 of the   3,651        

Revised Code, the board shall reinstate a certificate to practice  3,652        

for failure to register upon an applicant's submission of the      3,653        

biennial registration fee, the applicable monetary penalty, and    3,655        

certification by signature of the applicant that the applicant     3,656        

has completed the requisite continuing medical education.  The     3,657        

penalty for reinstatement shall be fifty dollars if the            3,659        

certificate has been suspended for two years or less and one       3,660        

hundred dollars if the certificate has been suspended for more                  

than two years.  The board shall deposit the penalties in          3,661        

accordance with section 4731.24 of the Revised Code.               3,663        

      (E)  If an individual certifies completion of the number of  3,665        

hours and type of continuing medical education required to         3,667        

receive a certificate of registration or reinstatement of a        3,668        

certificate to practice, and the board finds through the random    3,669        

samples it conducts under this section or through any other means  3,670        

that the individual did not complete the requisite continuing      3,671        

medical education, the board may impose a civil penalty of not     3,672        

more than five thousand dollars.  The board's finding shall be     3,673        

made pursuant to an adjudication under Chapter 119. of the         3,674        

Revised Code and by an affirmative vote of not fewer than six      3,676        

members.                                                                        

      A civil penalty imposed under this division may be in        3,678        

addition to or in lieu of any other action the board may take      3,679        

under section 4731.22 of the Revised Code.  The board shall        3,681        

deposit civil penalties in accordance with section 4731.24 of the  3,682        

Revised Code.                                                                   

      (F)  The state medical board may obtain information not      3,684        

protected by statutory or common law privilege from courts and     3,685        

other sources concerning malpractice claims against any person     3,686        

holding a certificate to practice under this chapter or            3,687        

                                                          80     


                                                                 
practicing as provided in section 4731.36 of the Revised Code.     3,688        

      Sec. 4743.05.  Except as otherwise provided in sections      3,697        

4701.20, 4723.061, and 4729.65 of the Revised Code, all money      3,698        

collected under Chapters 3773., 4701., 4703., 4709., 4713.,        3,699        

4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,     3,700        

4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code   3,701        

shall be paid into the state treasury to the credit of the         3,702        

occupational licensing and regulatory fund, which is hereby        3,703        

created for use in administering such chapters.  Money deposited   3,704        

to the credit of the fund under section 4731.24 of the Revised     3,705        

Code shall be used until July 1, 1998, for administering Chapters  3,706        

4730. and 4731. of the Revised Code.                               3,707        

      At the end of each quarter, the director of budget and       3,709        

management shall transfer from the occupational licensing and      3,711        

regulatory fund to the nurse education assistance fund created in  3,712        

section 3333.28 of the Revised Code the amount certified to the    3,713        

director under division (B) of section 4723.08 of the Revised      3,714        

Code.                                                                           

      At the end of the first quarter of 1995 and at the end of    3,716        

each quarter thereafter, the director shall transfer from the      3,717        

occupational licensing and regulatory fund to the certified        3,718        

public accountant education assistance fund created in section     3,719        

4701.26 of the Revised Code the amount certified to the director   3,721        

under division (D)(2) of section 4701.10 of the Revised Code.                   

      Sec. 4751.05.  (A)  The board of examiners of nursing home   3,730        

administrators shall admit to examination for licensure as a       3,731        

nursing home administrator any candidate who:                      3,732        

      (1)  Pays the application fee of fifty dollars;              3,734        

      (2)  Submits evidence of good moral character and            3,736        

suitability;                                                       3,737        

      (3)  Is at least eighteen years of age;                      3,739        

      (4)  Has completed educational requirements and work         3,741        

experience satisfactory to the board;                              3,742        

      (5)  Submits an application on forms prescribed by the       3,744        

                                                          81     


                                                                 
board;                                                             3,745        

      (6)  Pays the examination fee of one hundred fifty dollars.  3,747        

      (B)  Nothing in Chapter 4751. of the Revised Code or the     3,749        

rules adopted thereunder shall be construed to require an          3,750        

applicant for licensure or a temporary license, who is employed    3,751        

by an institution for the care and treatment of the sick to        3,753        

demonstrate proficiency in any medical techniques or to meet any   3,754        

medical educational qualifications or medical standards not in     3,755        

accord with the remedial care and treatment provided by the        3,756        

institution if the institution is all of the following:            3,757        

      (1)  Operated exclusively for patients who use spiritual     3,759        

means for healing and for whom the acceptance of medical care is   3,760        

inconsistent with their religious beliefs;                         3,761        

      (2)  Accredited by a national accrediting organization;      3,763        

      (3)  Exempt from federal income taxation under section 501   3,765        

of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A.  3,767        

1, as amended;                                                     3,768        

      (4)  Providing twenty-four hour nursing care pursuant to     3,770        

the exemption in division (G)(E) of section 4723.32 of the         3,771        

Revised Code from the licensing requirements of Chapter 4723. of   3,773        

the Revised Code.                                                               

      (C)  If a person fails three times to attain a passing       3,775        

grade on the examination, said person, before the person may       3,776        

again be admitted to examination, shall meet such additional       3,777        

education or experience requirements, or both, as may be           3,778        

prescribed by the board.                                           3,779        

      Sec. 5111.04.  (A)  As used in this section:                 3,788        

      (1)  "Outpatient health facility" means a facility that      3,790        

provides comprehensive primary health services by or under the     3,791        

direction of a physician at least five days per week on a          3,792        

forty-hour per week basis to outpatients, is operated by the       3,793        

board of health of a city or general health district or another    3,794        

public agency or by a nonprofit private agency or organization     3,795        

under the direction and control of a governing board that has no   3,796        

                                                          82     


                                                                 
health-related responsibilities other than the direction and       3,797        

control of one or more such outpatient health facilities, and      3,798        

receives at least seventy-five per cent of its operating funds     3,799        

from public sources, except that it does not include an            3,800        

outpatient hospital facility or a federally qualified health       3,801        

center as defined in Sec. 1905(l) (2)(B) of the "Social Security   3,802        

Act," 103 Stat. 2264 (1989), 42 U.S.C.A. 1396d(l)(2)(B).           3,803        

      (2)  "Comprehensive primary health services" means           3,805        

preventive, diagnostic, therapeutic, rehabilitative, or            3,806        

palliative items or services that include all of the following:    3,807        

      (a)  Services of physicians, physician assistants, and       3,809        

certified nurse practitioners;                                     3,810        

      (b)  Diagnostic laboratory and radiological services;        3,812        

      (c)  Preventive health services, such as children's eye and  3,814        

ear examinations, perinatal services, well child services, and     3,815        

family planning services;                                          3,816        

      (d)  Arrangements for emergency medical services;            3,818        

      (e)  Transportation services.                                3,820        

      (3)  "Certified nurse practitioner" has the same meaning as  3,822        

in section 4723.02 4723.01 of the Revised Code.                    3,823        

      (B)  Outpatient health facilities are a separate category    3,825        

of medical care provider under the rules governing the             3,826        

administration of the medical assistance program established       3,827        

under section 5111.01 of the Revised Code.  Rates of               3,828        

reimbursement for items and services provided by an outpatient     3,829        

health facility under this section shall be prospectively          3,830        

determined by the department of job and family services not less   3,831        

often than once each year, shall not be subject to retroactive     3,832        

adjustment based on actual costs incurred, and shall not exceed    3,833        

the maximum fee schedule or rates of payment, limitations based    3,834        

on reasonable costs or customary charges, and limitations based    3,835        

on combined payments received for furnishing comparable services,  3,836        

as are applicable to outpatient hospital facilities under Title    3,837        

XVIII of the "Social Security Act."   In determining rates of      3,838        

                                                          83     


                                                                 
reimbursement prospectively, the department shall take into        3,839        

account the historic expenses of the facility, the operating       3,840        

requirements and services offered by the facility, and the         3,841        

geographical location of the facility, shall provide incentives    3,842        

for the efficient and economical utilization of the facility's     3,843        

resources, and shall ensure that the facility does not             3,844        

discriminate between classes of persons for whom or by whom        3,845        

payment for items and services is made.                            3,846        

      (C)  A facility does not qualify for classification as an    3,848        

outpatient health facility under this section unless it:           3,849        

      (1)  Has health and medical care policies developed with     3,851        

the advice of and subject to review by an advisory committee of    3,852        

professional personnel, including one or more physicians, one or   3,853        

more dentists if dental care is provided, and one or more          3,854        

registered nurses;                                                 3,855        

      (2)  Has a medical director, a dental director, if dental    3,857        

care is provided, and a nursing director responsible for the       3,858        

execution of such policies, and has physicians, dentists,          3,859        

nursing, and ancillary staff appropriate to the scope of services  3,860        

provided;                                                          3,861        

      (3)  Requires that the care of every patient be under the    3,863        

supervision of a physician, provides for medical care in case of   3,864        

emergency, has in effect a written agreement with one or more      3,865        

hospitals and one or more other outpatient facilities, and has an  3,866        

established system for the referral of patients to other           3,867        

resources and a utilization review plan and program;               3,868        

      (4)  Maintains clinical records on all patients;             3,870        

      (5)  Provides nursing services and other therapeutic         3,872        

services in compliance with applicable laws and rules and under    3,873        

the supervision of a registered nurse, and has a registered nurse  3,875        

on duty at all times when the facility is in operation;            3,876        

      (6)  Follows approved methods and procedures for the         3,878        

dispensing and administration of drugs and biologicals;            3,879        

      (7)  Maintains the accounting and record-keeping system      3,881        

                                                          84     


                                                                 
required under federal laws and regulations for the determination  3,882        

of reasonable and allowable costs.                                 3,883        

      Section 2.  That existing sections 121.22, 3313.68,          3,885        

3701.85, 3702.51, 3719.13, 3721.34, 3727.01, 4723.02, 4723.04,     3,886        

4723.051, 4723.06, 4723.061, 4723.07, 4723.08, 4723.09, 4723.15,   3,889        

4723.24, 4723.28, 4723.281, 4723.31, 4723.32, 4723.34, 4723.341,   3,891        

4723.35, 4723.39, 4723.42, 4723.43, 4723.47, 4723.99, 4731.27,     3,892        

4731.281, 4743.05, 4751.05, and 5111.04 and section 4723.342 of    3,893        

the Revised Code are hereby repealed.                              3,894        

      Section 3.  The amendment made by this act to section        3,896        

4723.02 of the Revised Code providing for a four-year term of      3,897        

office for members of the Board of Nursing does not affect the     3,899        

terms of the members holding office on the effective date of this  3,901        

act.                                                                            

      Section 4.  The authority this act grants to the Board of    3,903        

Nursing to take disciplinary action under section 4723.28 of the   3,904        

Revised Code against a person who has been found eligible for      3,905        

intervention in lieu of conviction extends to a person who, prior  3,906        

to the effective date of Am. Sub. S.B. 107 of the 123rd General    3,907        

Assembly, was found eligible for treatment in lieu of conviction.  3,908