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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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(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
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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
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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
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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
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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
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(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