As Passed by the House                        1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


       REPRESENTATIVES SCHURING-VAN VYVEN-VESPER-GRENDELL-         8            

   ASLANIDES-MOTTLEY-TIBERI-GOODMAN-OGG-HOLLISTER-TERWILLEGER-     9            

   WIDENER-STEVENS-PATTON-SYKES-KRUPINSKI-MYERS-OLMAN-AUSTRIA-     10           

                 BRITTON-BARRETT-BENDER-SALERNO                    11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 121.22, 3313.68, 3701.85, 3702.51,  14           

                3719.13, 3721.34, 3727.01, 4723.02, 4723.04,       15           

                4723.051, 4723.06, 4723.061, 4723.07, 4723.08,                  

                4723.09, 4723.15, 4723.24, 4723.28, 4723.281,      17           

                4723.31, 4723.32, 4723.34, 4723.341, 4723.35,      18           

                4723.42, 4723.43, 4723.47, 4723.99, 4731.27,       19           

                4731.281, 4743.05, 4751.05, and 5111.04; to        20           

                amend, for the purpose of adopting new section                  

                numbers as indicated in parentheses, sections      21           

                4723.02 (4723.01), 4723.04 (4723.02), 4723.051     22           

                (4723.10), 4723.31 (4723.082), and 4723.39         23           

                (4723.081); to enact section 4723.021; and to      25           

                repeal section 4723.342 of the Revised Code to     27           

                revise the laws regarding the practice of nursing               

                and the licensing and enforcement duties of the    28           

                Board of Nursing.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 121.22, 3313.68, 3701.85,          32           

3702.51, 3719.13, 3721.34, 3727.01, 4723.02, 4723.04, 4723.051,    33           

4723.06, 4723.061, 4723.07, 4723.08, 4723.09, 4723.15, 4723.24,    34           

4723.28, 4723.281, 4723.31, 4723.32, 4723.34, 4723.341, 4723.35,   35           

4723.42, 4723.43, 4723.47, 4723.99, 4731.27, 4731.281, 4743.05,    37           

4751.05, and 5111.04 be amended; sections 4723.02 (4723.01),       38           

                                                          2      


                                                                 
4723.04 (4723.02), 4723.051 (4723.10), 4723.31 (4723.082), and     39           

4723.39 (4723.081) be amended for the purpose of adopting new      40           

section numbers as indicated in parentheses; and section 4723.021  42           

of the Revised Code be enacted to read as follows:                              

      Sec. 121.22.  (A)  This section shall be liberally           51           

construed to require public officials to take official action and  52           

to conduct all deliberations upon official business only in open   53           

meetings unless the subject matter is specifically excepted by     54           

law.                                                               55           

      (B)  As used in this section:                                57           

      (1)  "Public body" means any of the following:               59           

      (a)  Any board, commission, committee, council, or similar   61           

decision-making body of a state agency, institution, or            62           

authority, and any legislative authority or board, commission,     63           

committee, council, agency, authority, or similar decision-making  65           

body of any county, township, municipal corporation, school        66           

district, or other political subdivision or local public           67           

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    69           

division (B)(1)(a) of this section;                                70           

      (c)  A court of jurisdiction of a sanitary district          72           

organized wholly for the purpose of providing a water supply for   73           

domestic, municipal, and public use when meeting for the purpose   75           

of the appointment, removal, or reappointment of a member of the   76           

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        77           

related to such a district other than litigation involving the     78           

district.  As used in division (B)(1)(c) of this section, "court   79           

of jurisdiction" has the same meaning as "court" in section        80           

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       82           

public business of the public body by a majority of its members.   83           

      (3)  "Regulated individual" means either of the following:   85           

      (a)  A student in a state or local public educational        87           

                                                          3      


                                                                 
institution;                                                       88           

      (b)  A person who is, voluntarily or involuntarily, an       90           

inmate, patient, or resident of a state or local institution       91           

because of criminal behavior, mental illness or retardation,       92           

disease, disability, age, or other condition requiring custodial   93           

care.                                                              94           

      (C)  All meetings of any public body are declared to be      96           

public meetings open to the public at all times.  A member of a    97           

public body shall be present in person at a meeting open to the    99           

public to be considered present or to vote at the meeting and for  100          

purposes of determining whether a quorum is present at the         101          

meeting.                                                           102          

      The minutes of a regular or special meeting of any public    105          

body shall be promptly prepared, filed, and maintained and shall   106          

be open to public inspection.  The minutes need only reflect the   107          

general subject matter of discussions in executive sessions        108          

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

      (D)  This section does not apply to a grand jury, to an      110          

audit conference conducted by the auditor of state or independent  111          

certified public accountants with officials of the public office   112          

that is the subject of the audit, to the adult parole authority    113          

when its hearings are conducted at a correctional institution for  114          

the sole purpose of interviewing inmates to determine parole or    115          

pardon, to the organized crime investigations commission           116          

established under section 177.01 of the Revised Code, to the       117          

state medical board when determining whether to suspend a          118          

certificate without a prior hearing pursuant to division (G) of    120          

either section 4730.25 or 4731.22 of the Revised Code, to the      122          

board of nursing when determining whether to suspend a license     123          

without a prior hearing pursuant to division (B) of section        124          

4723.181 4723.281 of the Revised Code, or to the executive         126          

committee of the emergency response commission when determining    127          

whether to issue an enforcement order or request that a civil      128          

action, civil penalty action, or criminal action be brought to     129          

                                                          4      


                                                                 
enforce Chapter 3750. of the Revised Code.                                      

      (E)  The controlling board, the development financing        131          

advisory council, the industrial technology and enterprise         132          

advisory council, the tax credit authority, or the minority        134          

development financing advisory board, when meeting to consider     135          

granting assistance pursuant to Chapter 122. or 166. of the        136          

Revised Code, in order to protect the interest of the applicant    137          

or the possible investment of public funds, by unanimous vote of   138          

all board, council, or authority members present, may close the    140          

meeting during consideration of the following information          142          

confidentially received by the authority, council, or board from   143          

the applicant:                                                     145          

      (1)  Marketing plans;                                        147          

      (2)  Specific business strategy;                             149          

      (3)  Production techniques and trade secrets;                151          

      (4)  Financial projections;                                  153          

      (5)  Personal financial statements of the applicant or       155          

members of the applicant's immediate family, including, but not    156          

limited to, tax records or other similar information not open to   158          

public inspection.                                                 159          

      The vote by the authority, council, or board to accept or    163          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   166          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           168          

reasonable method whereby any person may determine the time and    169          

place of all regularly scheduled meetings and the time, place,     170          

and purpose of all special meetings.  A public body shall not      171          

hold a special meeting unless it gives at least twenty-four        172          

hours' advance notice to the news media that have requested        173          

notification, except in the event of an emergency requiring        174          

immediate official action.  In the event of an emergency, the      175          

member or members calling the meeting shall notify the news media  176          

that have requested notification immediately of the time, place,   177          

                                                          5      


                                                                 
and purpose of the meeting.                                        178          

      The rule shall provide that any person, upon request and     181          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  182          

business is to be discussed.  Provisions for advance notification  183          

may include, but are not limited to, mailing the agenda of         184          

meetings to all subscribers on a mailing list or mailing notices   185          

in self-addressed, stamped envelopes provided by the person.       186          

      (G)  Except as provided in division (J) of this section,     189          

the members of a public body may hold an executive session only    190          

after a majority of a quorum of the public body determines, by a   191          

roll call vote, to hold an executive session and only at a         193          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     194          

      (1)  To consider the appointment, employment, dismissal,     196          

discipline, promotion, demotion, or compensation of a public       197          

employee or official, or the investigation of charges or           198          

complaints against a public employee, official, licensee, or       199          

regulated individual, unless the public employee, official,        200          

licensee, or regulated individual requests a public hearing.       201          

Except as otherwise provided by law, no public body shall hold an  202          

executive session for the discipline of an elected official for    203          

conduct related to the performance of the elected official's       204          

official duties or for the elected official's removal from         206          

office.  If a public body holds an executive session pursuant to   208          

division (G)(1) of this section, the motion and vote to hold that  209          

executive session shall state which one or more of the approved    210          

purposes listed in division (G)(1) of this section are the         211          

purposes for which the executive session is to be held, but need   212          

not include the name of any person to be considered at the         213          

meeting.                                                                        

      (2)  To consider the purchase of property for public         215          

purposes, or for the sale of property at competitive bidding, if   216          

premature disclosure of information would give an unfair           217          

                                                          6      


                                                                 
competitive or bargaining advantage to a person whose personal,    218          

private interest is adverse to the general public interest.  No    219          

member of a public body shall use division (G)(2) of this section  221          

as a subterfuge for providing covert information to prospective    223          

buyers or sellers.  A purchase or sale of public property is void  224          

if the seller or buyer of the public property has received covert  225          

information from a member of a public body that has not been       226          

disclosed to the general public in sufficient time for other       227          

prospective buyers and sellers to prepare and submit offers.       228          

      If the minutes of the public body show that all meetings     230          

and deliberations of the public body have been conducted in        231          

compliance with this section, any instrument executed by the       232          

public body purporting to convey, lease, or otherwise dispose of   233          

any right, title, or interest in any public property shall be      234          

conclusively presumed to have been executed in compliance with     235          

this section insofar as title or other interest of any bona fide   236          

purchasers, lessees, or transferees of the property is concerned.  237          

      (3)  Conferences with an attorney for the public body        239          

concerning disputes involving the public body that are the         240          

subject of pending or imminent court action;                       241          

      (4)  Preparing for, conducting, or reviewing negotiations    243          

or bargaining sessions with public employees concerning their      244          

compensation or other terms and conditions of their employment;    245          

      (5)  Matters required to be kept confidential by federal     247          

law or regulations or state statutes;                              248          

      (6)  Specialized details of security arrangements if         250          

disclosure of the matters discussed might reveal information that  251          

could be used for the purpose of committing, or avoiding           252          

prosecution for, a violation of the law;                           253          

      (7)  In the case of a county hospital operated pursuant to   255          

Chapter 339. of the Revised Code, to consider trade secrets, as    257          

defined in section 1333.61 of the Revised Code.                                 

      If a public body holds an executive session to consider any  259          

of the matters listed in divisions (G)(2) to (7) of this section,  261          

                                                          7      


                                                                 
the motion and vote to hold that executive session shall state     262          

which one or more of the approved matters listed in those          263          

divisions are to be considered at the executive session.           264          

      A public body specified in division (B)(1)(c) of this        267          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               268          

      (H)  A resolution, rule, or formal action of any kind is     270          

invalid unless adopted in an open meeting of the public body.  A   271          

resolution, rule, or formal action adopted in an open meeting      272          

that results from deliberations in a meeting not open to the       273          

public is invalid unless the deliberations were for a purpose      274          

specifically authorized in division (G) or (J) of this section     275          

and conducted at an executive session held in compliance with      276          

this section.  A resolution, rule, or formal action adopted in an  277          

open meeting is invalid if the public body that adopted the        278          

resolution, rule, or formal action violated division (F) of this   279          

section.                                                           280          

      (I)(1)  Any person may bring an action to enforce this       282          

section.  An action under division (I)(1) of this section shall    284          

be brought within two years after the date of the alleged          285          

violation or threatened violation.  Upon proof of a violation or   286          

threatened violation of this section in an action brought by any   287          

person, the court of common pleas shall issue an injunction to     288          

compel the members of the public body to comply with its           289          

provisions.                                                        290          

      (2)(a)  If the court of common pleas issues an injunction    292          

pursuant to division (I)(1) of this section, the court shall       293          

order the public body that it enjoins to pay a civil forfeiture    294          

of five hundred dollars to the party that sought the injunction    295          

and shall award to that party all court costs and, subject to      296          

reduction as described in division (I)(2) of this section,         298          

reasonable attorney's fees.  The court, in its discretion, may     299          

reduce an award of attorney's fees to the party that sought the    300          

injunction or not award attorney's fees to that party if the       301          

                                                          8      


                                                                 
court determines both of the following:                            302          

      (i)  That, based on the ordinary application of statutory    304          

law and case law as it existed at the time of violation or         305          

threatened violation that was the basis of the injunction, a       306          

well-informed public body reasonably would believe that the        307          

public body was not violating or threatening to violate this       308          

section;                                                           309          

      (ii)  That a well-informed public body reasonably would      311          

believe that the conduct or threatened conduct that was the basis  312          

of the injunction would serve the public policy that underlies     313          

the authority that is asserted as permitting that conduct or       314          

threatened conduct.                                                315          

      (b)  If the court of common pleas does not issue an          317          

injunction pursuant to division (I)(1) of this section and the     318          

court determines at that time that the bringing of the action was  319          

frivolous conduct, as defined in division (A) of section 2323.51   320          

of the Revised Code, the court shall award to the public body all  321          

court costs and reasonable attorney's fees, as determined by the   322          

court.                                                             323          

      (3)  Irreparable harm and prejudice to the party that        325          

sought the injunction shall be conclusively and irrebuttably       326          

presumed upon proof of a violation or threatened violation of      327          

this section.                                                      328          

      (4)  A member of a public body who knowingly violates an     330          

injunction issued pursuant to division (I)(1) of this section may  331          

be removed from office by an action brought in the court of        332          

common pleas for that purpose by the prosecuting attorney or the   333          

attorney general.                                                  334          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   336          

Revised Code, a veterans service commission shall hold an          337          

executive session for one or more of the following purposes        338          

unless an applicant requests a public hearing:                     339          

      (a)  Interviewing an applicant for financial assistance      341          

under sections 5901.01 to 5901.15 of the Revised Code;             342          

                                                          9      


                                                                 
      (b)  Discussing applications, statements, and other          344          

documents described in division (B) of section 5901.09 of the      345          

Revised Code;                                                      346          

      (c)  Reviewing matters relating to an applicant's request    348          

for financial assistance under sections 5901.01 to 5901.15 of the  349          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      351          

applicant for, recipient of, or former recipient of financial      352          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  353          

and shall not exclude representatives selected by the applicant,   355          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   356          

applicant's, recipient's, or former recipient's application for    357          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   359          

or denial of financial assistance under sections 5901.01 to        360          

5901.15 of the Revised Code only in an open meeting of the         362          

commission.  The minutes of the meeting shall indicate the name,   363          

address, and occupation of the applicant, whether the assistance   364          

was granted or denied, the amount of the assistance if assistance  365          

is granted, and the votes for and against the granting of          366          

assistance.                                                                     

      Sec. 3313.68.  The board of education of each city,          375          

exempted village, or local school district may appoint one or      376          

more school physicians and one or more school dentists.  Two or    377          

more school districts may unite and employ one such physician and  378          

at least one such dentist whose duties shall be such as are        379          

prescribed by law.  Said school physician shall hold a license to  380          

practice medicine in Ohio, and each school dentist shall be        381          

licensed to practice in this state.  School physicians and         382          

dentists may be discharged at any time by the board of education.  383          

School physicians and dentists shall serve one year and until      384          

their successors are appointed and shall receive such              385          

compensation as the board of education determines.  The board of   386          

                                                          10     


                                                                 
education may also employ registered nurses, as defined by         387          

section 4723.02 4723.01 and licensed as school nurses under        389          

section 3319.22 of the Revised Code, to aid in such inspection in  390          

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

coordination of the school health service program.  The school     391          

dentists shall make such examinations and diagnoses and render     392          

such remedial or corrective treatment for the school children as   393          

is prescribed by the board of education; provided that all such    394          

remedial or corrective treatment shall be limited to the children  395          

whose parents cannot otherwise provide for same, and then only     396          

with the written consent of the parents or guardians of such       397          

children.  School dentists may also conduct such oral hygiene      398          

educational work as is authorized by the board of education.       399          

      The board of education may delegate the duties and powers    401          

provided for in this section to the board of health or officer     402          

performing the functions of a board of health within the school    403          

district, if such board or officer is willing to assume the same.  404          

Boards of education shall co-operate with boards of health in the  405          

prevention and control of epidemics.                               406          

      Sec. 3701.85.  (A)  As used in this section:                 415          

      (1)  "Automated external defibrillation" has the same        417          

meaning as in section 2305.235 of the Revised Code.                418          

      (2)  "Emergency medical services organization" has the same  420          

meaning as in section 4765.01 of the Revised Code.                 421          

      (3)  "Emergency medical service provider" means a person     423          

who is an "emergency medical technician-basic," "emergency         424          

medical technician-intermediate," "emergency medical               425          

technician-paramedic," or "first responder" as defined in section  427          

4765.01 of the Revised Code.                                       428          

      (4)  "Physician" has the same meaning as in section 4765.01  431          

of the Revised Code.                                                            

      (5)  "Registered nurse" and "licensed practical nurse" have  434          

the same meanings as in section 4723.02 4723.01 of the Revised     435          

Code.                                                                           

                                                          11     


                                                                 
      (B)  A person who possesses an automated external            437          

defibrillator shall do all of the following:                       438          

      (1)  Require expected users to complete successfully a       440          

course in automated external defibrillation and cardiopulmonary    441          

resuscitation that is offered or approved by the American heart    442          

association or another nationally recognized organization;         443          

      (2)  Maintain and test the defibrillator according to the    445          

manufacturer's guidelines;                                         446          

      (3)  Consult with a physician regarding compliance with the  448          

requirements of divisions (B)(1) and (2) of this section.          449          

      (C)  A person who possesses an automated external            451          

defibrillator may notify an emergency medical services             452          

organization of the location of the defibrillator.                 453          

      (D)  A person who has obtained appropriate training on how   456          

to perform automated external defibrillation and has successfully  457          

completed a course in cardiopulmonary resuscitation may perform    458          

automated external defibrillation, regardless of whether the       459          

person is a physician, registered nurse, licensed practical        460          

nurse, or emergency medical service provider.  When automated      461          

external defibrillation is not performed as part of an emergency   462          

medical services system or at a hospital as defined in section     463          

3727.01 of the Revised Code, an emergency medical services system  464          

shall be activated as soon as possible.                            465          

      Sec. 3702.51.  As used in sections 3702.51 to 3702.62 of     474          

the Revised Code:                                                  475          

      (A)  "Applicant" means any person that submits an            477          

application for a certificate of need and who is designated in     478          

the application as the applicant.                                  479          

      (B)  "Person" means any individual, corporation, business    481          

trust, estate, firm, partnership, association, joint stock         482          

company, insurance company, government unit, or other entity.      483          

      (C)  "Certificate of need" means a written approval granted  485          

by the director of health to an applicant to authorize conducting  486          

a reviewable activity.                                             487          

                                                          12     


                                                                 
      (D)  "Health service area" means a geographic region         489          

designated by the director of health under section 3702.58 of the  490          

Revised Code.                                                      491          

      (E)  "Health service" means a clinically related service,    493          

such as a diagnostic, treatment, rehabilitative, or preventive     494          

service.                                                           495          

      (F)  "Health service agency" means an agency designated to   497          

serve a health service area in accordance with section 3702.58 of  498          

the Revised Code.                                                  499          

      (G)  "Health care facility" means:                           501          

      (1)  A hospital registered under section 3701.07 of the      503          

Revised Code;                                                      504          

      (2)  A nursing home licensed under section 3721.02 of the    506          

Revised Code, or by a political subdivision certified under        507          

section 3721.09 of the Revised Code;                               508          

      (3)  A county home or a county nursing home as defined in    510          

section 5155.31 of the Revised Code that is certified under Title  511          

XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935),    512          

42 U.S.C.A. 301, as amended;                                       513          

      (4)  A freestanding dialysis center;                         515          

      (5)  A freestanding inpatient rehabilitation facility;       517          

      (6)  An ambulatory surgical facility;                        519          

      (7)  A freestanding cardiac catheterization facility;        521          

      (8)  A freestanding birthing center;                         523          

      (9)  A freestanding or mobile diagnostic imaging center;     525          

      (10)  A freestanding radiation therapy center.               527          

      A health care facility does not include the offices of       529          

private physicians and dentists whether for individual or group    530          

practice, residential facilities licensed under section 5123.19    532          

of the Revised Code, or habilitation centers certified by the      533          

director of mental retardation and developmental disabilities                   

under section 5123.041 of the Revised Code, or an institution for  534          

the sick that is operated exclusively for patients who use         535          

spiritual means for healing and for whom the acceptance of         536          

                                                          13     


                                                                 
medical care is inconsistent with their religious beliefs,         537          

accredited by a national accrediting organization, exempt from     538          

federal income taxation under section 501 of the Internal Revenue  539          

Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and       540          

providing twenty-four hour nursing care pursuant to the exemption               

in division (G)(E) of section 4723.32 of the Revised Code from     541          

the licensing requirements of Chapter 4723. of the Revised Code.   542          

      (H)  "Medical equipment" means a single unit of medical      544          

equipment or a single system of components with related functions  545          

that is used to provide health services.                           546          

      (I)  "Third-party payer" means a health insuring             548          

corporation licensed under Chapter 1751. of the Revised Code, a    551          

health maintenance organization as defined in division (K) of      552          

this section, an insurance company that issues sickness and        553          

accident insurance in conformity with Chapter 3923. of the         554          

Revised Code, a state-financed health insurance program under      555          

Chapter 3701., 4123., or 5111. of the Revised Code, or any         556          

self-insurance plan.                                                            

      (J)  "Government unit" means the state and any county,       558          

municipal corporation, township, or other political subdivision    559          

of the state, or any department, division, board, or other agency  560          

of the state or a political subdivision.                           561          

      (K)  "Health maintenance organization" means a public or     563          

private organization organized under the law of any state that is  564          

qualified under section 1310(d) of Title XIII of the "Public       565          

Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.        567          

      (L)  "Existing health care facility" means a health care     569          

facility that is licensed or otherwise approved to practice in     570          

this state, in accordance with applicable law, is staffed and      571          

equipped to provide health care services, and actively provides    572          

health services or has not been actively providing health          573          

services for less than twelve consecutive months.                  574          

      (M)  "State" means the state of Ohio, including, but not     576          

limited to, the general assembly, the supreme court, the offices   577          

                                                          14     


                                                                 
of all elected state officers, and all departments, boards,        578          

offices, commissions, agencies, institutions, and other            579          

instrumentalities of the state of Ohio.  "State" does not include  580          

political subdivisions.                                            581          

      (N)  "Political subdivision" means a municipal corporation,  583          

township, county, school district, and all other bodies corporate  584          

and politic responsible for governmental activities only in        585          

geographic areas smaller than that of the state to which the       586          

sovereign immunity of the state attaches.                          587          

      (O)  "Affected person" means:                                589          

      (1)  An applicant for a certificate of need, including an    591          

applicant whose application was reviewed comparatively with the    592          

application in question;                                           593          

      (2)  The person that requested the reviewability ruling in   595          

question;                                                                       

      (3)  Any person that resides or regularly uses health care   597          

facilities within the geographic area served or to be served by    598          

the health care services that would be provided under the          599          

certificate of need or reviewability ruling in question;           600          

      (4)  Any health care facility that is located in the health  602          

service area where the health care services would be provided      603          

under the certificate of need or reviewability ruling in           604          

question;                                                                       

      (5)  Third-party payers that reimburse health care           606          

facilities for services in the health service area where the       607          

health care services would be provided under the certificate of    608          

need or reviewability ruling in question;                          609          

      (6)  Any other person who testified at a public hearing      611          

held under division (B) of section 3702.52 of the Revised Code or  612          

submitted written comments in the course of review of the          613          

certificate of need application in question.                       614          

      (P)  "Osteopathic hospital" means a hospital registered      616          

under section 3701.07 of the Revised Code that advocates           617          

osteopathic principles and the practice and perpetuation of        618          

                                                          15     


                                                                 
osteopathic medicine by doing any of the following:                619          

      (1)  Maintaining a department or service of osteopathic      621          

medicine or a committee on the utilization of osteopathic          622          

principles and methods, under the supervision of an osteopathic    623          

physician;                                                         624          

      (2)  Maintaining an active medical staff, the majority of    626          

which is comprised of osteopathic physicians;                      627          

      (3)  Maintaining a medical staff executive committee that    629          

has osteopathic physicians as a majority of its members.           630          

      (Q)  "Ambulatory surgical facility" has the same meaning as  632          

in section 3702.30 of the Revised Code.                            633          

      (R)  Except as otherwise provided in division (T) of this    635          

section, and until the termination date specified in section       636          

3702.511 of the Revised Code, "reviewable activity" means any of   637          

the following:                                                                  

      (1)  The addition by any person of any of the following      640          

health services, regardless of the amount of operating costs or    641          

capital expenditures:                                              642          

      (a)  A heart, heart-lung, lung, liver, kidney, bowel,        644          

pancreas, or bone marrow transplantation service, a stem cell      645          

harvesting and reinfusion service, or a service for                646          

transplantation of any other organ unless transplantation of the   647          

organ is designated by public health council rule not to be a      648          

reviewable activity;                                               649          

      (b)  A cardiac catheterization service;                      651          

      (c)  An open-heart surgery service;                          653          

      (d)  Any new, experimental medical technology that is        656          

designated by rule of the public health council.                                

      (2)  The acceptance of high-risk patients, as defined in     658          

rules adopted under section 3702.57 of the Revised Code, by any    659          

cardiac catheterization service that was initiated without a       660          

certificate of need pursuant to division (R)(3)(b) of the version  662          

of this section in effect immediately prior to April 20, 1995;     664          

      (3)(a)  The establishment, development, or construction of   666          

                                                          16     


                                                                 
a new health care facility other than a new long-term care         667          

facility or a new hospital;                                        668          

      (b)  The establishment, development, or construction of a    670          

new hospital or the relocation of an existing hospital;            671          

      (c)  The relocation of hospital beds, other than long-term   673          

care, perinatal, or pediatric intensive care beds, into or out of  674          

a rural area.                                                      675          

      (4)(a)  The replacement of an existing hospital;             677          

      (b)  The replacement of an existing hospital obstetric or    679          

newborn care unit or freestanding birthing center.                 681          

      (5)(a)  The renovation of a hospital that involves a         685          

capital expenditure, obligated on or after the effective date of                

this amendment, of five million dollars or more, not including     687          

expenditures for equipment, staffing, or operational costs.  For                

purposes of division (R)(5)(a) of this section, a capital          689          

expenditure is obligated:                                                       

      (i)  When a contract enforceable under Ohio law is entered   691          

into for the construction, acquisition, lease, or financing of a   692          

capital asset;                                                     693          

      (ii)  When the governing body of a hospital takes formal     695          

action to commit its own funds for a construction project          696          

undertaken by the hospital as its own contractor;                  697          

      (iii)  In the case of donated property, on the date the      699          

gift is completed under applicable Ohio law.                       700          

      (b)  The renovation of a hospital obstetric or newborn care  702          

unit or freestanding birthing center that involves a capital       704          

expenditure of five million dollars or more, not including         705          

expenditures for equipment, staffing, or operational costs.        706          

      (6)  Any change in the health care services, bed capacity,   708          

or site, or any other failure to conduct the reviewable activity   709          

in substantial accordance with the approved application for which  710          

a certificate of need was granted, if the change is made prior to  711          

the date the activity for which the certificate was issued ceases  712          

to be a reviewable activity;                                       713          

                                                          17     


                                                                 
      (7)  Any of the following changes in perinatal bed capacity  715          

or pediatric intensive care bed capacity:                          716          

      (a)  An increase in bed capacity;                            718          

      (b)  A change in service or service-level designation of     721          

newborn care beds or obstetric beds in a hospital or freestanding  722          

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

within the service-level designation of newborn care or obstetric  723          

beds as registered by the department of health;                    724          

      (c)  A relocation of perinatal or pediatric intensive care   727          

beds from one physical facility or site to another, excluding the  728          

relocation of beds within a hospital or freestanding birthing      729          

center or the relocation of beds among buildings of a hospital or  731          

freestanding birthing center at the same site.                     732          

      (8)  The expenditure of more than one hundred ten per cent   734          

of the maximum expenditure specified in a certificate of need;     735          

      (9)  Any transfer of a certificate of need issued prior to   737          

April 20, 1995, from the person to whom it was issued to another   739          

person before the project that constitutes a reviewable activity   740          

is completed, any agreement that contemplates the transfer of a    741          

certificate of need issued prior to that date upon completion of   743          

the project, and any transfer of the controlling interest in an    744          

entity that holds a certificate of need issued prior to that                    

date.  However, the transfer of a certificate of need issued       745          

prior to that date or agreement to transfer such a certificate of  747          

need from the person to whom the certificate of need was issued    748          

to an affiliated or related person does not constitute a           749          

reviewable transfer of a certificate of need for the purposes of   750          

this division, unless the transfer results in a change in the      751          

person that holds the ultimate controlling interest in the         752          

certificate of need.                                                            

      (10)(a)  The acquisition by any person of any of the         754          

following medical equipment, regardless of the amount of           756          

operating costs or capital expenditure:                                         

      (i)  A cobalt radiation therapy unit;                        758          

                                                          18     


                                                                 
      (ii)  A linear accelerator;                                  760          

      (iii)  A gamma knife unit.                                   762          

      (b)  The acquisition by any person of medical equipment      764          

with a cost of two million dollars or more.  The cost of           765          

acquiring medical equipment includes the sum of the following:     766          

      (i)  The greater of its fair market value or the cost of     768          

its lease or purchase;                                             769          

      (ii)  The cost of installation and any other activities      771          

essential to the acquisition of the equipment and its placement    772          

into service.                                                                   

      (11)  The addition of another cardiac catheterization        775          

laboratory to an existing cardiac catheterization service.         776          

      (S)  Except as provided in division (T) of this section,     779          

"reviewable activity" also means any of the following activities,  781          

none of which are subject to a termination date:                                

      (1)  The establishment, development, or construction of a    783          

new long-term care facility;                                       784          

      (2)  The replacement of an existing long-term care           786          

facility;                                                          787          

      (3)  The renovation of a long-term care facility that        789          

involves a capital expenditure of two million dollars or more,     790          

not including expenditures for equipment, staffing, or             791          

operational costs;                                                 792          

      (4)  Any of the following changes in long-term care bed      794          

capacity:                                                          795          

      (a)  An increase in bed capacity;                            797          

      (b)  A relocation of beds from one physical facility or      800          

site to another, excluding the relocation of beds within a         801          

long-term care facility or among buildings of a long-term care     802          

facility at the same site;                                                      

      (c)  A recategorization of hospital beds registered under    805          

section 3701.07 of the Revised Code from another registration      807          

category to skilled nursing beds or long-term care beds.           808          

      (5)  Any change in the health services, bed capacity, or     810          

                                                          19     


                                                                 
site, or any other failure to conduct the reviewable activity in   811          

substantial accordance with the approved application for which a   812          

certificate of need concerning long-term care beds was granted,    813          

if the change is made within five years after the implementation   814          

of the reviewable activity for which the certificate was granted;  816          

      (6)  The expenditure of more than one hundred ten per cent   818          

of the maximum expenditure specified in a certificate of need      819          

concerning long-term care beds;                                    820          

      (7)  Any transfer of a certificate of need that concerns     822          

long-term care beds and was issued prior to April 20, 1995, from   824          

the person to whom it was issued to another person before the      825          

project that constitutes a reviewable activity is completed, any   826          

agreement that contemplates the transfer of such a certificate of  827          

need upon completion of the project, and any transfer of the       828          

controlling interest in an entity that holds such a certificate    829          

of need.  However, the transfer of a certificate of need that      830          

concerns long-term care beds and was issued prior to April 20,     832          

1995, or agreement to transfer such a certificate of need from     833          

the person to whom the certificate was issued to an affiliated or  834          

related person does not constitute a reviewable transfer of a      835          

certificate of need for purposes of this division, unless the      836          

transfer results in a change in the person that holds the          837          

ultimate controlling interest in the certificate of need.          838          

      (T)  "Reviewable activity" does not include any of the       840          

following activities:                                              841          

      (1)  Acquisition of computer hardware or software;           843          

      (2)  Acquisition of a telephone system;                      845          

      (3)  Construction or acquisition of parking facilities;      847          

      (4)  Correction of cited deficiencies that are in violation  849          

of federal, state, or local fire, building, or safety laws and     850          

rules and that constitute an imminent threat to public health or   851          

safety;                                                            852          

      (5)  Acquisition of an existing health care facility that    854          

does not involve a change in the number of the beds, by service,   855          

                                                          20     


                                                                 
or in the number or type of health services;                       856          

      (6)  Correction of cited deficiencies identified by          858          

accreditation surveys of the joint commission on accreditation of  859          

healthcare organizations or of the American osteopathic            860          

association;                                                       861          

      (7)  Acquisition of medical equipment to replace the same    863          

or similar equipment for which a certificate of need has been      864          

issued if the replaced equipment is removed from service;          865          

      (8)  Mergers, consolidations, or other corporate             867          

reorganizations of health care facilities that do not involve a    868          

change in the number of beds, by service, or in the number or      869          

type of health services;                                           870          

      (9)  Construction, repair, or renovation of bathroom         872          

facilities;                                                        873          

      (10)  Construction of laundry facilities, waste disposal     875          

facilities, dietary department projects, heating and air           876          

conditioning projects, administrative offices, and portions of     877          

medical office buildings used exclusively for physician services;  878          

      (11)  Acquisition of medical equipment to conduct research   880          

required by the United States food and drug administration or      881          

clinical trials sponsored by the national institute of health.     882          

Use of medical equipment that was acquired without a certificate   883          

of need under division (T)(11) of this section and for which       885          

premarket approval has been granted by the United States food and  886          

drug administration to provide services for which patients or      887          

reimbursement entities will be charged shall be a reviewable       888          

activity.                                                          889          

      (12)  Removal of asbestos from a health care facility.       891          

      Only that portion of a project that meets the requirements   893          

of division (T) of this section is not a reviewable activity.      895          

      (U)  "Small rural hospital" means a hospital that is         897          

located within a rural area, has fewer than one hundred beds, and  899          

to which fewer than four thousand persons were admitted during     900          

the most recent calendar year.                                                  

                                                          21     


                                                                 
      (V)  "Children's hospital" means any of the following:       902          

      (1)  A hospital registered under section 3701.07 of the      904          

Revised Code that provides general pediatric medical and surgical  905          

care, and in which at least seventy-five per cent of annual        906          

inpatient discharges for the preceding two calendar years were     907          

individuals less than eighteen years of age;                       908          

      (2)  A distinct portion of a hospital registered under       910          

section 3701.07 of the Revised Code that provides general          911          

pediatric medical and surgical care, has a total of at least one   912          

hundred fifty registered pediatric special care and pediatric      913          

acute care beds, and in which at least seventy-five per cent of    914          

annual inpatient discharges for the preceding two calendar years   915          

were individuals less than eighteen years of age;                  916          

      (3)  A distinct portion of a hospital, if the hospital is    918          

registered under section 3701.07 of the Revised Code as a          919          

children's hospital and the children's hospital meets all the      920          

requirements of division (V)(1) of this section.                   921          

      (W)  "Long-term care facility" means any of the following:   923          

      (1)  A nursing home licensed under section 3721.02 of the    925          

Revised Code or by a political subdivision certified under         926          

section 3721.09 of the Revised Code;                               927          

      (2)  The portion of any facility, including a county home    929          

or county nursing home, that is certified as a skilled nursing     930          

facility or a nursing facility under Title XVIII or XIX of the     931          

"Social Security Act";                                                          

      (3)  The portion of any hospital that contains beds          933          

registered under section 3701.07 of the Revised Code as skilled    934          

nursing beds or long-term care beds.                               935          

      (X)  "Long-term care bed" means a bed in a long-term care    937          

facility.                                                                       

      (Y)  "Perinatal bed" means a bed in a hospital that is       939          

registered under section 3701.07 of the Revised Code as a newborn  940          

care bed or obstetric bed, or a bed in a freestanding birthing     941          

center.                                                                         

                                                          22     


                                                                 
      (Z)  "Freestanding birthing center" means any facility in    943          

which deliveries routinely occur, regardless of whether the        945          

facility is located on the campus of another health care                        

facility, and which is not licensed under Chapter 3711. of the     947          

Revised Code as a level one, two, or three maternity unit or a     949          

limited maternity unit.                                                         

      (AA)(1)  "Reviewability ruling" means a ruling issued by     951          

the director of health under division (A) of section 3702.52 of    952          

the Revised Code as to whether a particular proposed project is    953          

or is not a reviewable activity.                                   954          

      (2)  "Nonreviewability ruling" means a ruling issued under   956          

that division that a particular proposed project is not a          957          

reviewable activity.                                               958          

      (BB)(1)  "Metropolitan statistical area" means an area of    961          

this state designated a metropolitan statistical area or primary   962          

metropolitan statistical area in United States office of           964          

management and budget bulletin No. 93-17, June 30, 1993, and its   966          

attachments.                                                       967          

      (2)  "Rural area" means any area of this state not located   969          

within a metropolitan statistical area.                            970          

      Sec. 3719.13.  Prescriptions, orders, and records, required  979          

by Chapter 3719. of the Revised Code, and stocks of dangerous      980          

drugs and controlled substances, shall be open for inspection      981          

only to federal, state, county, and municipal officers, and        982          

employees of the state board of pharmacy whose duty it is to       983          

enforce the laws of this state or of the United States relating    984          

to controlled substances.  Such prescriptions, orders, records,    985          

and stocks shall be open for inspection by employees of the state  986          

medical board for purposes of enforcing Chapter 4731. of the       987          

Revised Code AND EMPLOYEES OF THE BOARD OF NURSING FOR PURPOSES    988          

OF ENFORCING CHAPTER 4723. OF THE REVISED CODE.  No person having  989          

knowledge of any such prescription, order, or record shall         990          

divulge such knowledge, except in connection with a prosecution    991          

or proceeding in court or before a licensing or registration       992          

                                                          23     


                                                                 
board or officer, to which prosecution or proceeding the person    993          

to whom such prescriptions, orders, or records relate is a party.  994          

      Sec. 3721.34.  For purposes of implementing sections         1,003        

3721.28 to 3721.33 of the Revised Code, the director of health     1,004        

may advise, consult or cooperate with, or enter into agreements    1,005        

with the board of nursing, other state agencies and, political     1,007        

subdivisions, the federal government, or any person.  The          1,009        

director may enter into agreements that provide for the board of   1,010        

nursing or another A state agency to do any of the following:      1,011        

      (A)  Approve or reapprove, in accordance with division (A)   1,013        

of section 3721.31 of the Revised Code and the rules adopted by    1,014        

the director under section 3721.30 of the Revised Code,            1,015        

competency evaluation programs and training and competency         1,016        

evaluation programs, or, in accordance with rules adopted by the   1,017        

director under section 3721.30 of the Revised Code, programs to    1,018        

train instructors and coordinators for training and competency     1,019        

evaluation programs and evaluators for competency evaluation       1,020        

programs, and to perform any functions related to approval and     1,021        

reapproval of those programs including any of the following:       1,022        

      (1)  Conduct adjudications under Chapter 119. of the         1,024        

Revised Code;                                                      1,025        

      (2)  Conduct the inspections and examinations described in   1,027        

division (A)(5) or (D) of section 3721.31 of the Revised Code;     1,028        

      (3)  Deny, suspend, or revoke approval or reapproval, in     1,030        

accordance with Chapter 119. of the Revised Code, of programs      1,031        

that are not in compliance with sections 3721.30 and 3721.31 of    1,032        

the Revised Code and the rules adopted thereunder;                 1,033        

      (4)  Collect the fees described in division (G) of section   1,035        

3721.31 of the Revised Code in the amounts prescribed in rules     1,036        

adopted by the director of health under section 3721.30 of the     1,037        

Revised Code and deposit them into the nurse aide training fund    1,038        

created by section 3721.33 of the Revised Code.                    1,039        

      (B)  Approve or deny, in accordance with Chapter 119. of     1,041        

the Revised Code, the requests described in division (B)(2) of     1,042        

                                                          24     


                                                                 
section 3721.31 of the Revised Code.                               1,043        

      Sec. 3727.01.  As used in this section, "health maintenance  1,052        

organization" means a public or private organization organized     1,053        

under the law of any state that is qualified under section         1,054        

1310(d) of Title XIII of the "Public Health Service Act," 87       1,055        

Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the        1,056        

following:                                                         1,057        

      (A)  Provides or otherwise makes available to enrolled       1,059        

participants health care services including at least the           1,060        

following basic health care services:  usual physician services,   1,061        

hospitalization, laboratory, x-ray, emergency and preventive       1,062        

service, and out-of-area coverage;                                 1,063        

      (B)  Is compensated, except for copayments, for the          1,065        

provision of basic health care services to enrolled participants   1,066        

by a payment that is paid on a periodic basis without regard to    1,067        

the date the health care services are provided and that is fixed   1,068        

without regard to the frequency, extent, or kind of health         1,069        

service actually provided;                                         1,070        

      (C)  Provides physician services primarily in either of the  1,072        

following ways:                                                    1,073        

      (1)  Directly through physicians who are either employees    1,075        

or partners of the organization;                                   1,076        

      (2)  Through arrangements with individual physicians or one  1,078        

or more groups of physicians organized on a group practice or      1,079        

individual practice basis.                                         1,080        

      As used in this chapter, "hospital" means an institution     1,082        

classified as a hospital under section 3701.07 of the Revised      1,083        

Code in which are provided to inpatients diagnostic, medical,      1,084        

surgical, obstetrical, psychiatric, or rehabilitation care for a   1,085        

continuous period longer than twenty-four hours; a tuberculosis    1,086        

hospital; or a hospital operated by a health maintenance           1,087        

organization.  "Hospital" does not include a facility licensed     1,088        

under Chapter 3721. of the Revised Code, a health care facility    1,089        

operated by the department of mental health or the department of   1,090        

                                                          25     


                                                                 
mental retardation and developmental disabilities, a health        1,091        

maintenance organization that does not operate a hospital, the     1,092        

office of any private licensed health care professional, whether   1,093        

organized for individual or group practice, or a clinic that       1,094        

provides ambulatory patient services and where patients are not    1,095        

regularly admitted as inpatients.  "Hospital" also does not        1,096        

include an institution for the sick that is operated exclusively   1,098        

for patients who use spiritual means for healing and for whom the  1,099        

acceptance of medical care is inconsistent with their religious    1,100        

beliefs, accredited by a national accrediting organization,                     

exempt from federal income taxation under section 501 of the       1,101        

Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as   1,103        

amended, and providing twenty-four hour nursing care pursuant to   1,104        

the exemption in division (G)(E) of section 4723.32 of the         1,105        

Revised Code from the licensing requirements of Chapter 4723. of   1,106        

the Revised Code.                                                               

      Sec. 4723.02 4723.01.  As used in this chapter:              1,115        

      (A)  "Registered nurse" means an individual who holds a      1,117        

current, valid license issued under this chapter that authorizes   1,118        

the practice of nursing as a registered nurse.                     1,119        

      (B)  "Practice of nursing as a registered nurse" means       1,121        

providing to individuals and groups nursing care requiring         1,122        

specialized knowledge, judgment, and skill derived from the        1,123        

principles of biological, physical, behavioral, social, and        1,124        

nursing sciences.  Such nursing care includes:                     1,125        

      (1)  Identifying patterns of human responses to actual or    1,127        

potential health problems amenable to a nursing regimen;           1,128        

      (2)  Executing a nursing regimen through the selection,      1,130        

performance, management, and evaluation of nursing actions;        1,131        

      (3)  Assessing health status for the purpose of providing    1,133        

nursing care;                                                      1,134        

      (4)  Providing health counseling and health teaching;        1,136        

      (5)  Administering medications, treatments, and executing    1,138        

regimens authorized by an individual who is authorized to          1,140        

                                                          26     


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

individual's professional practice;                                1,141        

      (6)  Teaching, administering, supervising, delegating, and   1,143        

evaluating nursing practice.                                       1,144        

      (C)  "Nursing regimen" may include preventative,             1,146        

restorative, and health-promotion activities.                      1,147        

      (D)  "Assessing health status" means the collection of data  1,149        

through nursing assessment techniques, which may include           1,150        

interviews, observation, and physical evaluations for the purpose  1,151        

of providing nursing care.                                         1,152        

      (E)  "Licensed practical nurse" means an individual who      1,154        

holds a current, valid license issued under this chapter that      1,155        

authorizes the practice of nursing as a licensed practical nurse.  1,156        

      (F)  "The practice of nursing as a licensed practical        1,158        

nurse" means providing to individuals and groups nursing care      1,159        

requiring the application of basic knowledge of the biological,    1,160        

physical, behavioral, social, and nursing sciences at the          1,161        

direction of a licensed physician, dentist, podiatrist,            1,162        

optometrist, CHIROPRACTOR, or registered nurse.  Such nursing      1,163        

care includes:                                                     1,164        

      (1)  Observation, patient teaching, and care in a diversity  1,166        

of health care settings;                                           1,167        

      (2)  Contributions to the planning, implementation, and      1,169        

evaluation of nursing;                                             1,170        

      (3)  Administration of medications and treatments            1,172        

authorized by an individual who is authorized to practice in this  1,174        

state and is acting within the course of the individual's          1,175        

professional practice, except that administration of intravenous   1,176        

therapy shall be performed only in accordance with section                      

4723.17 of the Revised Code.  Medications may be administered by   1,178        

a licensed practical nurse upon proof of completion of a course    1,179        

in medication administration approved by the board of nursing.     1,180        

      (4)  Administration to an adult of intravenous therapy       1,182        

authorized by an individual who is authorized to practice in this  1,183        

                                                          27     


                                                                 
state and is acting within the course of the individual's          1,184        

professional practice, on the condition that the licensed          1,185        

practical nurse is authorized by the board of nursing pursuant to  1,186        

section 4723.17 of the Revised Code to perform intravenous         1,187        

therapy and performs intravenous therapy only in accordance with   1,189        

section 4723.17 of the Revised Code.                               1,190        

      (G)  "Certified registered nurse anesthetist" means a        1,193        

registered nurse who holds a valid certificate of authority        1,194        

issued under this chapter that authorizes the practice of nursing  1,195        

as a certified registered nurse anesthetist in accordance with     1,196        

section 4723.43 of the Revised Code and rules adopted by the       1,197        

board of nursing.                                                  1,198        

      (H)  "Clinical nurse specialist" means a registered nurse    1,201        

who holds a valid certificate of authority issued under this       1,202        

chapter that authorizes the practice of nursing as a clinical      1,203        

nurse specialist in accordance with section 4723.43 of the         1,204        

Revised Code and rules adopted by the board of nursing.            1,205        

      (I)  "Certified nurse-midwife" means a registered nurse who  1,207        

holds a valid certificate of authority issued under this chapter   1,208        

that authorizes the practice of nursing as a certified             1,209        

nurse-midwife in accordance with section 4723.43 of the Revised    1,210        

Code and rules adopted by the board of nursing.                    1,211        

      (J)  "Certified nurse practitioner" means a registered       1,213        

nurse who holds a valid certificate of authority issued under      1,214        

this chapter that authorizes the practice of nursing as a          1,215        

certified nurse practitioner in accordance with section 4723.43    1,216        

of the Revised Code and rules adopted by the board of nursing.     1,218        

      (K)  "Physician" means an individual authorized under        1,221        

Chapter 4731. of the Revised Code to practice medicine and         1,223        

surgery or osteopathic medicine and surgery.                                    

      (L)  "Collaboration" or "collaborating" means the            1,225        

following:                                                         1,226        

      (1)  In the case of a clinical nurse specialist, except as   1,229        

provided in division (L)(3) of this section, or a certified nurse  1,230        

                                                          28     


                                                                 
practitioner, that one or more podiatrists acting within the       1,232        

scope of practice of podiatry in accordance with section 4731.51   1,233        

of the Revised Code and with whom the nurse has entered into a     1,234        

standard care arrangement or one or more physicians with whom the  1,236        

nurse has entered into a standard care arrangement are             1,237        

continuously available to communicate with the clinical nurse      1,238        

specialist or certified nurse practitioner either in person or by  1,239        

radio, telephone, or other form of telecommunication;              1,240        

      (2)  In the case of a certified nurse-midwife, that one or   1,243        

more physicians with whom the certified nurse-midwife has entered               

into a standard care arrangement are continuously available to     1,245        

communicate with the certified nurse-midwife either in person or   1,246        

by radio, telephone, or other form of telecommunication;           1,247        

      (3)  In the case of a clinical nurse specialist who          1,249        

practices the nursing specialty of mental health or psychiatric    1,250        

mental health without being authorized to prescribe drugs and      1,251        

therapeutic devices, that one or more physicians are continuously  1,253        

available to communicate with the nurse either in person or by     1,254        

radio, telephone, or other form of telecommunication.              1,255        

      (M)  "Supervision," as it pertains to a certified            1,257        

registered nurse anesthetist, means that a the certified           1,259        

registered nurse anesthetist is under the direction of a           1,260        

podiatrist acting within the podiatrist's scope of practice in     1,261        

accordance with section 4731.51 of the Revised Code, a dentist     1,263        

acting within the dentist's scope of practice in accordance with   1,264        

Chapter 4715. of the Revised Code, or a physician, and, when       1,266        

administering anesthesia, the certified registered nurse           1,267        

anesthetist is in the immediate presence of the podiatrist,        1,268        

dentist, or physician.                                                          

      (N)  "Standard care arrangement," except as it pertains to   1,271        

an advanced practice nurse, means a written, formal guide for      1,272        

planning and evaluating a patient's health care that is developed  1,273        

by one or more collaborating physicians or podiatrists and a       1,274        

clinical nurse specialist, certified nurse-midwife, or certified   1,275        

                                                          29     


                                                                 
nurse practitioner and meets the requirements of section 4723.431  1,276        

of the Revised Code.                                               1,277        

      (O)  "Advanced practice nurse," until three years and eight  1,279        

months after this amendment MAY 17, 2000, means a registered       1,281        

nurse who is approved by the board of nursing under section        1,282        

4723.55 of the Revised Code to practice as an advanced practice    1,284        

nurse.                                                                          

      Sec. 4723.04 4723.02.  The state nurses' board shall be      1,293        

known as the board of nursing.  The board shall assume and         1,295        

exercise all the powers and perform all the duties conferred and   1,296        

imposed on it by this chapter concerning nurses and nursing and    1,297        

the regulation thereof.  The                                       1,298        

      THE board shall consist of thirteen members who shall be     1,301        

citizens of the United States and residents of Ohio.  Eight                     

members shall be registered nurses, each of whom shall be a        1,302        

graduate of an approved program of nursing education that          1,303        

prepares persons for licensure as a registered nurse, shall hold   1,304        

a currently active license issued under this chapter to practice   1,305        

nursing as a registered nurse, and shall have been actively        1,306        

engaged in the practice of nursing as a registered nurse for the   1,307        

five years immediately preceding the member's initial appointment  1,308        

to the board.  Of the eight members who are registered nurses, at  1,309        

least one shall hold a valid certificate of authority issued       1,310        

under this chapter that authorizes the practice of nursing as a    1,311        

certified registered nurse anesthetist, clinical nurse             1,312        

specialist, certified nurse-midwife, or certified nurse            1,313        

practitioner.  Four members shall be licensed practical nurses,    1,315        

each of whom shall be a graduate of an approved program of         1,316        

nursing education that prepares persons for licensure as a         1,317        

practical nurse, shall hold a currently active license issued      1,318        

under this chapter to practice nursing as a licensed practical     1,319        

nurse, and shall have been actively engaged in the practice of     1,320        

nursing as a licensed practical nurse for the five years           1,321        

immediately preceding the member's initial appointment to the      1,322        

                                                          30     


                                                                 
board.  One member shall represent the interests of consumers of   1,323        

health care.  Neither this member nor any person in the member's   1,324        

immediate family shall be a member of or associated with a health  1,325        

care provider or profession or shall have a financial interest in  1,326        

the delivery or financing of health care.  Representation of       1,327        

nursing service and nursing education and of the various           1,328        

geographical areas of the state shall be considered in making      1,329        

appointments.  As                                                  1,330        

      AS the term of any member of the board expires, a successor  1,333        

shall be appointed who has the qualifications the vacancy          1,334        

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

commencing on the first day of January and ending on the           1,335        

thirty-first day of December.  Each                                1,336        

      A CURRENT OR FORMER BOARD MEMBER WHO HAS SERVED NOT MORE     1,338        

THAN ONE FULL TERM OR ONE FULL TERM AND NOT MORE THAN THIRTY       1,339        

MONTHS OF ANOTHER TERM MAY BE REAPPOINTED FOR ONE ADDITIONAL       1,340        

TERM.                                                                           

      EACH member shall hold office from the date of appointment   1,343        

until the end of the term for which the member was appointed.      1,344        

The term of a member shall expire if the member ceases to meet     1,345        

any requirement of this section for the member's position on the   1,346        

board.  Any member appointed to fill a vacancy occurring prior to  1,347        

the expiration of the term for which the member's predecessor was  1,348        

appointed shall hold office for the remainder of such term.  A     1,350        

person who has served a full term on the board or more than        1,351        

thirty months of the remainder of the term of a predecessor shall  1,352        

not be eligible for a subsequent appointment to the board.  Any    1,353        

member shall continue in office subsequent to the expiration date  1,354        

of the member's term until the member's successor takes office,    1,355        

or until a period of sixty days has elapsed, whichever occurs      1,356        

first.  Nursing                                                    1,357        

      NURSING organizations of this state may each submit to the   1,359        

governor the names of not more than five nominees for each         1,360        

position to be filled on the board.  From the names so submitted   1,361        

                                                          31     


                                                                 
or from others, at the governor's discretion, the governor with    1,363        

the advice and consent of the senate shall make such               1,364        

appointments.                                                                   

      Any member of the board may be removed by the governor for   1,366        

neglect of any duty required by law or for incompetency or         1,367        

unprofessional or dishonorable conduct, after a hearing as         1,368        

provided in Chapter 119. of the Revised Code.  Seven               1,369        

      SEVEN members of the board including at least four           1,372        

registered nurses and at least one licensed practical nurse shall  1,373        

at all times constitute a quorum.                                  1,374        

      Each member of the board shall receive an amount fixed       1,376        

pursuant to division (J) of section 124.15 of the Revised Code     1,377        

for each day in attendance at board meetings and in discharge of   1,378        

official duties, and in addition thereto, necessary expense        1,379        

incurred in the performance of such duties.                        1,380        

      The board shall elect one of its nurse members as president  1,382        

and one as vice-president.  THE BOARD SHALL ELECT ONE OF ITS       1,383        

REGISTERED NURSE MEMBERS TO SERVE AS THE SUPERVISING MEMBER FOR    1,384        

DISCIPLINARY MATTERS.                                                           

      The board may establish advisory groups to serve in          1,386        

consultation with the board or the executive director.  Each       1,387        

advisory group shall be given a specific charge in writing and     1,388        

shall report to the board.  Members of advisory groups shall       1,389        

serve without compensation but shall receive their actual and      1,390        

necessary expenses incurred in the performance of their official   1,391        

duties.                                                            1,392        

      Sec. 4723.021.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE    1,395        

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

THE BOARD, A REPRESENTATIVE OF THE BOARD, OR AN EMPLOYEE OF THE    1,397        

BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE     1,398        

RESULT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION      1,399        

RELATED TO OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO     1,400        

THIS CHAPTER.  IF A CURRENT OR FORMER BOARD MEMBER OR AGENT,       1,401        

REPRESENTATIVE, OR EMPLOYEE OF THE BOARD ASKS TO BE DEFENDED BY    1,402        

                                                          32     


                                                                 
THE STATE AGAINST ANY CLAIM OR ACTION ARISING OUT OF ANY ACT,      1,404        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO THE          1,405        

PERSON'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN WRITING AT A  1,406        

REASONABLE TIME BEFORE TRIAL AND THE PERSON REQUESTING DEFENSE     1,407        

COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION,    1,408        

THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S DEFENSE AND       1,409        

SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT.  AT   1,410        

NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT   1,411        

IS FOR PUNITIVE OR EXEMPLARY DAMAGES.                                           

      Sec. 4723.06.  (A)  The board of nursing shall:              1,420        

      (1)  Administer and enforce the provisions of this chapter,  1,422        

including the taking of disciplinary action for violations of      1,423        

section 4723.28 of the Revised Code, any other provisions of this  1,424        

chapter, or rules promulgated ADOPTED under Chapter 119. of the    1,426        

Revised Code THIS CHAPTER;                                         1,427        

      (2)  Examine applicants DEVELOP CRITERIA THAT AN APPLICANT   1,429        

MUST MEET TO BE ELIGIBLE TO SIT FOR THE EXAMINATION for licensure  1,430        

to practice as a registered nurse or as a licensed practical       1,431        

nurse;                                                                          

      (3)  Issue and renew licenses as provided in this chapter;   1,433        

      (4)  Define the minimum curricula and standards for          1,435        

educational programs of the schools of professional nursing and    1,436        

schools of practical nursing in this state;                        1,437        

      (5)  Survey, inspect, and grant full approval to             1,439        

prelicensure nursing education programs that meet the standards    1,441        

established by rules adopted under section 4723.07 of the Revised  1,442        

Code.  Prelicensure nursing education programs include, but are    1,443        

not limited to, associate degree, baccalaureate degree, diploma,   1,444        

and doctor of nursing programs leading to initial licensure to     1,445        

practice nursing as a registered nurse and practical nurse         1,446        

programs leading to initial licensure to practice nursing as a     1,447        

licensed practical nurse.                                                       

      (6)  Grant conditional approval, by a vote of a quorum of    1,449        

the board, to a new prelicensure nursing education program or a    1,450        

                                                          33     


                                                                 
program that is being reestablished after having ceased to         1,452        

operate, if the program meets and maintains the minimum standards  1,454        

of the board established by rules adopted under section 4723.07    1,455        

of the Revised Code.  If the board does not grant conditional      1,456        

approval, it shall hold a hearing AN ADJUDICATION under Chapter    1,457        

119. of the Revised Code to consider conditional approval of the   1,459        

program.  If the board grants conditional approval, at its first   1,460        

meeting after the first class has completed the program, the       1,461        

board shall determine whether to grant full approval to the        1,462        

program.  If the board does not grant full approval or if it       1,464        

appears that the program has failed to meet and maintain           1,465        

standards established by rules adopted under section 4723.07 of    1,466        

the Revised Code, the board shall hold a hearing AN ADJUDICATION   1,467        

under Chapter 119. of the Revised Code to consider the program.    1,469        

Based on results of the hearing ADJUDICATION, the board may        1,470        

continue or withdraw conditional approval, or grant full           1,472        

approval.                                                                       

      (7)  Place on provisional approval, for a period of time     1,474        

specified by the board, a program that has ceased to meet and      1,476        

maintain the minimum standards of the board established by rules   1,477        

adopted under section 4723.07 of the Revised Code.  At the end of  1,478        

the period, the board shall reconsider whether the program meets   1,479        

the standards and shall grant full approval if it does.  If it     1,481        

does not, the board may withdraw approval, pursuant to a hearing   1,482        

AN ADJUDICATION under Chapter 119. of the Revised Code.            1,484        

      (8)  Approve continuing nursing education programs and       1,486        

courses under standards established in rules adopted under         1,487        

section 4723.07 of the Revised Code;                               1,488        

      (9)  Approve peer support programs for nurses under rules    1,490        

adopted under section 4723.07 of the Revised Code;                 1,491        

      (10)  Establish the alternative program for chemically       1,493        

dependent nurses A PROGRAM FOR MONITORING CHEMICAL DEPENDENCY in   1,494        

accordance with section 4723.35 of the Revised Code;               1,495        

      (11)  Establish the practice intervention and improvement    1,497        

                                                          34     


                                                                 
program in accordance with section 4723.282 of the Revised Code;   1,498        

      (12)  Issue and renew certificates of authority to practice  1,500        

nursing as a certified registered nurse anesthetist, clinical      1,502        

nurse specialist, certified nurse-midwife, or certified nurse      1,503        

practitioner;                                                                   

      (13)  Approve under section 4723.46 of the Revised Code      1,506        

national certifying organizations for examination and              1,507        

certification of certified registered nurse anesthetists,          1,508        

clinical nurse specialists, certified nurse-midwives, or           1,509        

certified nurse practitioners;                                                  

      (14)  Issue and renew certificates to prescribe in           1,511        

accordance with sections 4723.48 and 4723.484 4723.485 of the      1,512        

Revised Code;                                                                   

      (15)  Grant approval to the planned classroom and clinical   1,514        

study required by section 4723.483 of the Revised Code to be       1,515        

eligible for a certificate to prescribe;                           1,516        

      (16)  Make an annual edition of the formulary established    1,519        

in rules adopted under section 4723.50 of the Revised Code         1,520        

available to the public either in printed form or by electronic    1,521        

means and, as soon as possible after any revision of the           1,522        

formulary becomes effective, make the revision available to the    1,523        

public in printed form or by electronic means;                     1,524        

      (17)  PROVIDE GUIDANCE AND MAKE RECOMMENDATIONS TO THE       1,526        

GENERAL ASSEMBLY, THE GOVERNOR, STATE AGENCIES, AND THE FEDERAL    1,527        

GOVERNMENT WITH RESPECT TO THE REGULATION OF THE PRACTICE OF       1,528        

NURSING AND THE ENFORCEMENT OF THIS CHAPTER;                                    

      (18)  Make an annual report to the governor, which shall be  1,530        

open for public inspection;                                        1,531        

      (18)(19)  Maintain and have open for public inspection the   1,533        

following records:                                                 1,534        

      (a)  A record of all its meetings and proceedings;           1,536        

      (b)  A file of applicants for and holders of licenses,       1,538        

registrations, and certificates granted under this chapter.  The   1,539        

file shall be maintained in the form prescribed by rule of the     1,540        

                                                          35     


                                                                 
board.                                                             1,541        

      (c)  A list of prelicensure nursing education programs       1,543        

approved by the board;                                             1,544        

      (d)  A list of approved peer support programs for nurses.    1,546        

      (B)  The board may fulfill the requirement of division       1,548        

(A)(8) of this section by authorizing persons who meet the         1,549        

standards established in rules adopted under division (F) of       1,550        

section 4723.07 of the Revised Code to approve continuing nursing  1,551        

education programs and courses.  Persons so authorized shall       1,552        

approve continuing nursing education programs and courses in       1,553        

accordance with standards established in rules adopted under       1,554        

division (E) of section 4723.07 of the Revised Code.               1,555        

      Persons seeking authorization to approve continuing nursing  1,557        

education programs and courses shall apply to the board and pay    1,558        

the appropriate fee established under section 4723.08 of the       1,559        

Revised Code.  Authorizations to approve continuing nursing        1,560        

education programs and courses shall expire at the end of the      1,561        

two-year period beginning the date of issuance, and may be         1,563        

renewed by the board, ACCORDING TO THE SCHEDULE ESTABLISHED IN     1,564        

RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE.           1,565        

      Sec. 4723.061.  The THIS CHAPTER DOES NOT REQUIRE THE board  1,574        

of nursing may enter into agreements with the director of health   1,576        

under section 3721.34 of the Revised Code to assist the director   1,577        

in implementing sections 3721.28 to 3721.34 of the Revised Code.                

Any money received by the board from the department of health      1,578        

pursuant to such agreements shall be deposited in the nurse aide   1,579        

fund, which is hereby created in the state treasury.  The board    1,580        

shall use the fund to pay the costs it incurs in carrying out      1,582        

such agreements TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR THE  1,583        

RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY                      

INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES   1,584        

THAT THE PUBLIC IS ADEQUATELY PROTECTED BY ISSUING A NOTICE OR     1,585        

WARNING TO THE ALLEGED OFFENDER.                                   1,586        

      Sec. 4723.07.  In accordance with Chapter 119. of the        1,595        

                                                          36     


                                                                 
Revised Code, the board of nursing shall adopt and may amend and   1,596        

rescind rules THAT ESTABLISH ALL OF THE FOLLOWING:                 1,597        

      (A)  Providing PROVISIONS for its THE BOARD'S government     1,600        

and control of its actions and business affairs;                   1,601        

      (B)  Establishing minimum MINIMUM curricula and standards    1,603        

for nursing education programs that prepare graduates to take      1,604        

licensing examinations, BE LICENSED UNDER THIS CHAPTER and         1,605        

establishing procedures for granting, renewing, and withdrawing    1,608        

approval of those programs;                                                     

      (C)  Establishing requirements CRITERIA that applicants for  1,610        

licensure must meet to be permitted ELIGIBLE to take licensing     1,612        

examinations;                                                      1,613        

      (D)  Governing the administration and conduct of             1,615        

examinations for licensure to practice nursing as a registered     1,617        

nurse or as a licensed practical nurse;                            1,618        

      (D)  STANDARDS AND PROCEDURES FOR RENEWAL OF THE LICENSES    1,620        

AND CERTIFICATES OF AUTHORITY ISSUED BY THE BOARD;                 1,621        

      (E)  Establishing standards STANDARDS for approval of        1,623        

continuing nursing education programs and courses for registered   1,624        

nurses, licensed practical nurses, certified registered nurse      1,625        

anesthetists, clinical nurse specialists, certified                1,626        

nurse-midwives, and certified nurse practitioners.  The standards  1,627        

may provide for approval of continuing nursing education programs  1,628        

and courses that have been approved by other state boards of       1,629        

nursing or by national accreditation systems for nursing,          1,630        

including, but not limited to, the American nurses' credentialing  1,631        

center and the national association for practical nurse education  1,632        

and service.                                                                    

      (F)  Establishing standards STANDARDS that persons must      1,634        

meet to be authorized by the board to approve continuing nursing   1,636        

education programs and courses and a schedule to have BY WHICH     1,637        

that authorization EXPIRES AND MAY BE renewed;                     1,638        

      (G)  Establishing requirements REQUIREMENTS, including       1,640        

continuing education requirements, for restoring inactive          1,642        

                                                          37     


                                                                 
licenses and licenses that have lapsed through failure to renew;   1,643        

      (H)  Governing conditions CONDITIONS that may be imposed     1,645        

for reinstatement following action taken under sections 2301.373,  1,646        

4723.28, and 4723.281 of the Revised Code resulting in a           1,647        

suspension from practice;                                          1,649        

      (I)  Establishing standards STANDARDS for approval of peer   1,651        

support programs for nurses;                                       1,653        

      (J)  Establishing requirements REQUIREMENTS for board        1,655        

approval of courses in medication administration by licensed       1,656        

practical nurses;                                                  1,657        

      (K)  Establishing criteria for specialty certification of    1,660        

registered nurses;                                                 1,661        

      (L)  Establishing criteria CRITERIA for evaluating the       1,663        

qualifications of an applicant who is applying for a license by    1,666        

endorsement to practice nursing as a registered nurse or licensed               

practical nurse or for a certificate of authority issued under     1,667        

division (E) of section 4723.41 of the Revised Code;               1,668        

      (M)  Establishing universal (L)  UNIVERSAL blood and body    1,671        

fluid precautions that shall be used by each person licensed       1,672        

under this chapter who performs exposure-prone invasive            1,673        

procedures.  The rules shall define and establish requirements     1,674        

for universal blood and body fluid precautions that include the    1,675        

following:                                                                      

      (1)  Appropriate use of hand washing;                        1,677        

      (2)  Disinfection and sterilization of equipment;            1,679        

      (3)  Handling and disposal of needles and other sharp        1,681        

instruments;                                                       1,682        

      (4)  Wearing and disposal of gloves and other protective     1,684        

garments and devices.                                              1,685        

      (N)  Establishing standards (M)  STANDARDS and procedures    1,688        

for approving certificates of authority to practice nursing as a   1,689        

certified registered nurse anesthetist, clinical nurse             1,690        

specialist, certified nurse-midwife, or certified nurse            1,691        

practitioner, and for renewal of those certificates;               1,692        

                                                          38     


                                                                 
      (O)  Establishing quality (N)  QUALITY assurance standards   1,695        

for certified registered nurse anesthetists, clinical nurse                     

specialists, certified nurse-midwives, or certified nurse          1,696        

practitioners;                                                                  

      (P)  Establishing additional (O)  ADDITIONAL criteria for    1,699        

the standard care arrangement required by section 4723.431 of the               

Revised Code entered into by a clinical nurse specialist,          1,701        

certified nurse-midwife, or certified nurse practitioner and the   1,702        

nurse's collaborating physician or podiatrist;                     1,703        

      (Q)  Establishing continuing (P)  CONTINUING education       1,705        

standards for clinical nurse specialists who are exempt under      1,706        

division (C) of section 4723.41 of the Revised Code from the       1,709        

requirement of having passed a certification examination;                       

      (Q)  FOR PURPOSES OF DIVISION (B)(26) OF SECTION 4723.28 OF  1,712        

THE REVISED CODE, THE ACTIONS, OMISSIONS, OR OTHER CIRCUMSTANCES                

THAT CONSTITUTE A NURSE'S FAILURE TO ESTABLISH AND MAINTAIN        1,713        

PROFESSIONAL BOUNDARIES WITH A PATIENT.                                         

      Subject to Chapter 119. of the Revised Code, the THE board   1,715        

may adopt other rules necessary to carry out the provisions of     1,716        

this chapter.  THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH       1,717        

CHAPTER 119. OF THE REVISED CODE.                                  1,718        

      Sec. 4723.08.  (A)  The board of nursing may impose fees     1,727        

not to exceed the following limits:                                1,728        

      (1)  For application for licensure by examination to         1,730        

practice nursing as a registered nurse or as a licensed practical  1,731        

nurse, fifty dollars;                                              1,732        

      (2)  For application for licensure by endorsement to         1,734        

practice nursing as a registered nurse or as a licensed practical  1,735        

nurse, fifty dollars;                                              1,736        

      (3)  For application for a certificate of authority to       1,738        

practice nursing as a certified registered nurse anesthetist,      1,739        

clinical nurse specialist, certified nurse-midwife, or certified   1,740        

nurse practitioner, one hundred dollars;                           1,741        

      (4)  For application for a certificate to prescribe, fifty   1,743        

                                                          39     


                                                                 
dollars;                                                                        

      (5)  For verification of a license or certificate to         1,745        

another jurisdiction, fifteen dollars;                             1,746        

      (6)  For providing a replacement copy of a license or        1,748        

certificate, fifteen dollars;                                      1,749        

      (7)  For biennial renewal of any license, thirty-five        1,751        

dollars;                                                           1,752        

      (8)  For EXCEPT AS PROVIDED IN DIVISION (C) OF THIS          1,754        

SECTION, FOR biennial renewal of a certificate of authority to     1,755        

practice nursing as a certified registered nurse anesthetist,      1,757        

clinical nurse specialist, certified nurse-midwife, or certified   1,759        

nurse practitioner, one hundred EIGHTY-FIVE dollars;               1,760        

      (9)  For renewal of a certificate to prescribe, fifty        1,763        

dollars;                                                                        

      (10)  For processing a late application for renewal of any   1,765        

license or certificate, fifty dollars;                             1,766        

      (11)  For application for authorization to approve           1,768        

continuing nursing education programs and courses from an          1,769        

applicant accredited by a national accreditation system for        1,770        

nursing, five hundred dollars;                                     1,771        

      (12)  For application for authorization to approve           1,773        

continuing nursing education programs and courses from an          1,774        

applicant not accredited by a national accreditation system for    1,775        

nursing, one thousand dollars;                                     1,776        

      (13)  For each year for which authorization to approve       1,779        

continuing nursing education programs and courses is renewed, one  1,781        

hundred fifty dollars;                                                          

      (14)  FOR REINSTATEMENT OF A LAPSED LICENSE OR CERTIFICATE,  1,783        

ONE HUNDRED DOLLARS;                                               1,784        

      (15)  For written verification of a license or certificate,  1,787        

other than verification to another jurisdiction, five dollars.     1,788        

The board may contract for services pertaining to this             1,789        

verification process and the collection of the fee, and may        1,790        

permit the contractor to retain a portion of the fees as           1,791        

                                                          40     


                                                                 
compensation, before any amounts are deposited into the state      1,792        

treasury.                                                          1,793        

      (B)  Each quarter, FOR PURPOSES OF TRANSFERRING FUNDS UNDER  1,795        

SECTION 4743.05 OF THE REVISED CODE TO THE NURSE EDUCATION         1,796        

ASSISTANCE FUND CREATED IN SECTION 3333.28 OF THE REVISED CODE,    1,797        

the board of nursing shall certify to the director of budget and   1,798        

management the number of biennial licenses renewed under this      1,799        

chapter during the preceding quarter and the amount equal to that  1,800        

number times five dollars.                                                      

      (C)  THE FEE FOR BIENNIAL RENEWAL OF A CERTIFICATE OF        1,802        

AUTHORITY TO PRACTICE NURSING AS A CERTIFIED NURSE-MIDWIFE,        1,803        

CERTIFIED REGISTERED NURSE ANESTHETIST, CERTIFIED NURSE            1,804        

PRACTITIONER, OR CLINICAL NURSE SPECIALIST THAT EXPIRES ON OR      1,805        

BEFORE AUGUST 31, 2005, IS ONE HUNDRED DOLLARS.                    1,806        

      Sec. 4723.39 4723.081.  The board of nursing, subject to     1,815        

the approval of the controlling board, may establish fees in       1,818        

excess of the amounts provided by section 4723.08 of the Revised   1,819        

Code, provided that such fees do not exceed those amounts by more  1,820        

than fifty per cent.                                                            

      Sec. 4723.31 4723.082.  Except as provided in division       1,829        

(A)(4) of section 3721.34 and section 4723.061 of the Revised      1,831        

Code, all ALL receipts of the board of nursing, from any source,   1,833        

shall be deposited in the state treasury to the credit of the                   

occupational licensing and regulatory fund.  All vouchers of the   1,834        

board shall be approved by the board president or executive        1,835        

director, or both, as authorized by the board.                     1,836        

      Sec. 4723.09.  (A)  An application for licensure by          1,845        

examination to practice as a registered nurse or as a licensed     1,846        

practical nurse shall be submitted to the board of nursing in the  1,847        

form prescribed by rules of the board.  The application shall      1,848        

include evidence that the applicant has completed requirements of  1,849        

a nursing education program approved by the board or approved by   1,850        

another jurisdiction's board that regulates nurse licensure.  The  1,851        

application also shall include any other information required by   1,853        

                                                          41     


                                                                 
rules of the board.  The application shall be accompanied by the   1,854        

application fee required by section 4723.08 of the Revised Code.   1,855        

If the board determines that the applicant meets the requirements  1,856        

to take the examination, it shall admit the applicant to the       1,857        

examination.                                                       1,858        

      The board shall grant a license to practice nursing as a     1,860        

registered nurse or as a licensed practical nurse if the           1,861        

applicant passes the examination ACCEPTED BY THE BOARD UNDER       1,862        

SECTION 4723.10 OF THE REVISED CODE and the board determines that  1,863        

the applicant has not committed any act that is grounds for        1,864        

disciplinary action under section 2301.373 or 4723.28 of the       1,865        

Revised Code, or determines that an applicant who has committed    1,866        

such acts has made restitution or has been rehabilitated, or       1,867        

both.  The board is not required to afford a hearing AN            1,868        

ADJUDICATION to an individual to whom it has refused to grant a    1,871        

license because of that individual's failure to pass the           1,872        

examination.                                                       1,873        

      (B)  An application for license by endorsement to practice   1,875        

nursing as a registered nurse or as a licensed practical nurse     1,876        

shall be submitted to the board in the form prescribed by rules    1,877        

of the board and shall be accompanied by the application fee       1,878        

required by section 4723.08 of the Revised Code.  The application  1,879        

shall include evidence that the applicant holds a license in good  1,880        

standing in another jurisdiction granted after passing an          1,881        

examination approved by the board of that jurisdiction that is     1,882        

equivalent to the examination requirements under this chapter for  1,883        

a license to practice nursing as a registered nurse or licensed    1,884        

practical nurse, and shall include other information required by   1,886        

rules of the board of nursing.  The board shall grant a license    1,887        

by endorsement if the applicant is licensed or certified by        1,888        

another jurisdiction and the board determines, pursuant to rules   1,889        

established under section 4723.07 of the Revised Code, that all    1,890        

of the following apply:                                                         

      (1)  The educational preparation of the applicant is         1,892        

                                                          42     


                                                                 
substantially similar to the minimum curricula and standards for   1,893        

nursing education programs established by the board under section  1,894        

4723.07 of the Revised Code;                                                    

      (2)  The examination, at the time it is successfully         1,896        

completed, is equivalent to the examination requirements in        1,897        

effect at that time for applicants who successfully completed the  1,898        

WERE LICENSED BY examination in this state;                        1,899        

      (3)  The applicant has not committed any act that is         1,901        

grounds for disciplinary action under section 2301.373, 4723.28,   1,902        

or 4723.281 of the Revised Code, or determines that an applicant   1,904        

who has committed such acts has made restitution or has been       1,905        

rehabilitated, or both.                                                         

      The board may grant a nonrenewable temporary permit to       1,907        

practice nursing as a registered nurse or as a licensed practical  1,908        

nurse to an applicant for license by endorsement if the board is   1,909        

satisfied by the evidence that the applicant holds a current,      1,910        

active license in good standing in another jurisdiction.  The      1,912        

temporary permit shall expire at the earlier of one hundred        1,913        

twenty days after issuance or upon the issuance of a license by    1,914        

endorsement.                                                                    

      Sec. 4723.051 4723.10.  The WITH RESPECT TO INDIVIDUALS      1,924        

APPLYING FOR LICENSURE BY EXAMINATION, THE board of nursing, in    1,925        

administering examinations for licensure under this chapter, may   1,927        

make use of SHALL ACCEPT all or any part of the licensure          1,928        

examination of the national council of state boards of nursing or  1,929        

any other national standardized nursing examination that           1,930        

determines THE BOARD CONSIDERS TO BE AN APPROPRIATE MEASURE OF     1,931        

whether a person is competent to commence practicing nursing as a  1,932        

registered nurse or as a licensed practical nurse.  The IF THE     1,934        

BOARD INCURS ANY COST IN ITS ACCEPTANCE OF AN EXAMINATION UNDER    1,935        

THIS SECTION OR IN MAKING THE ACCEPTED EXAMINATION AVAILABLE TO    1,936        

APPLICANTS, THE board may require applicants for licensure by                   

examination to practice nursing as a registered nurse or as a      1,938        

licensed practical nurse to pay the application fee required by    1,940        

                                                          43     


                                                                 
section 4723.08 of the Revised Code and to pay for any related     1,942        

materials from the organization providing the examination PAY AN   1,943        

AMOUNT SUFFICIENT TO COVER THE COST INCURRED.                      1,944        

      Sec. 4723.15.  (A)  A certificate of registration to         1,953        

practice professional nursing as a registered nurse issued by the  1,954        

state nurses board or the board of nursing education and nurse     1,955        

registration under former provisions of this chapter or by the     1,956        

nurses' examining committee of the state medical board as          1,957        

provided in former sections 1295-01 to 1295-20 and 1347 et seq.    1,958        

of the General Code shall remain valid and shall confer the same   1,959        

privileges and impose the same responsibilities and requirements   1,960        

as a license issued by the board of nursing under this chapter on  1,961        

or after the effective date of this section JUNE 14, 1988.         1,963        

      (B)  A license to practice practical nursing as a licensed   1,965        

practical nurse issued by the board of nursing education and       1,966        

nurse registration under former provisions of this chapter shall   1,967        

remain valid and shall confer the same privileges and impose the   1,968        

same responsibilities and requirements as a license issued by the  1,969        

board of nursing under this chapter on or after the effective      1,970        

date of this section JUNE 14, 1988.                                1,971        

      (C)  Any person who on the effective date of this section    1,974        

JUNE 14, 1988, holds a current, valid certificate or license to    1,975        

practice nursing as a registered nurse or as a licensed practical  1,976        

nurse in this state shall, for the purposes of this chapter, be    1,977        

deemed to hold a license.                                          1,978        

      (D)  Any licensed practical nurse who on the effective date  1,980        

of this section JUNE 14, 1988, holds proof of successful           1,982        

completion of a course in medication administration approved by    1,983        

the board of nursing shall be considered to be qualified to        1,984        

administer medication as defined in division (F)(3) of section     1,985        

4723.02 4723.01 of the Revised Code.                               1,986        

      Sec. 4723.24.  (A)  All active licenses issued under this    1,995        

chapter shall be renewed biennially according to a schedule        1,996        

established by the board of nursing.  The board shall mail         1,997        

                                                          44     


                                                                 
PROVIDE an application for renewal to every holder of an active    1,999        

license, EXCEPT WHEN THE BOARD IS AWARE THAT AN INDIVIDUAL IS      2,000        

INELIGIBLE FOR LICENSE RENEWAL FOR ANY REASON, INCLUDING PENDING   2,001        

CRIMINAL CHARGES IN THIS STATE OR ANOTHER JURISDICTION, FAILURE    2,002        

TO COMPLY WITH A DISCIPLINARY ORDER FROM THE BOARD OR THE TERMS    2,003        

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  2,004        

BOARD'S REQUEST DOCUMENTATION OF HAVING COMPLETED THE CONTINUING   2,005        

NURSING EDUCATION REQUIREMENTS SPECIFIED IN DIVISION (C) OF THIS   2,006        

SECTION.                                                                        

      IF THE BOARD PROVIDES A RENEWAL APPLICATION BY MAIL, THE     2,008        

APPLICATION SHALL BE addressed to the last known post-office       2,010        

address of the holder AND MAILED before the date specified in the  2,011        

board's schedule.  Failure of the holder to receive an             2,013        

application for renewal from the board shall not excuse the        2,014        

holder from the requirements contained in this section.  The       2,015        

      THE LICENSE holder shall complete the renewal form and       2,017        

return it to the treasurer of state with the renewal fee required  2,018        

by section 4723.08 of the Revised Code on or before the date       2,019        

specified by the board.  The LICENSE holder shall report any       2,020        

CONVICTION, PLEA, OR JUDICIAL FINDING REGARDING A criminal         2,021        

offense that constitutes grounds for denial of a license THE       2,023        

BOARD TO IMPOSE SANCTIONS under section 4723.28 of the Revised     2,024        

Code of which the holder has been found guilty or to which the     2,025        

holder has entered a plea of guilty or no contest since the        2,026        

submission of the holder's HOLDER last preceding SUBMITTED AN      2,027        

application TO THE BOARD.  The                                     2,028        

      THE treasurer shall immediately forward the renewal          2,030        

application to the board, and on.  ON receipt of the renewal       2,032        

application, the board shall verify that the applicant meets the   2,033        

renewal requirements and shall renew the license for the           2,034        

following two-year period.  If                                     2,035        

      IF a renewal application that meets the renewal              2,039        

requirements is submitted after the date specified in the board's  2,040        

                                                          45     


                                                                 
schedule, but before expiration of the license, the board shall    2,041        

grant a renewal upon payment of the late renewal fee authorized    2,042        

under section 4723.08 of the Revised Code.                                      

      (B)  Every LICENSE holder shall give written notice to the   2,044        

board of any change of name or address within thirty days of the   2,046        

change.  The board shall require the holder to document a change   2,047        

of name in a manner acceptable to the board.                       2,048        

      (C)(1)  Except in the case of a first renewal after          2,050        

licensure by examination, effective January 1, 1992, to be         2,051        

eligible for renewal of an active license to practice nursing as   2,052        

a registered nurse or licensed practical nurse, each individual    2,053        

who holds an active license must SHALL, in each two-year period    2,054        

specified by the board, complete continuing nursing education as   2,056        

follows:                                                                        

      (A)(a)  For renewal of a license that was issued for a       2,058        

two-year renewal period, twenty-four hours of continuing nursing   2,059        

education;                                                         2,060        

      (B)(b)  For renewal of a license that was issued for less    2,062        

than a two-year renewal period, the number of hours of continuing  2,064        

nursing education specified by the board in rules adopted in       2,065        

accordance with Chapter 119. of the Revised Code;                  2,066        

      (c)  OF THE HOURS OF CONTINUING NURSING EDUCATION COMPLETED  2,068        

IN ANY RENEWAL PERIOD, AT LEAST ONE HOUR OF THE EDUCATION MUST BE  2,069        

DIRECTLY RELATED TO THE STATUTES AND RULES PERTAINING TO THE       2,070        

PRACTICE OF NURSING IN THIS STATE.                                              

      (2)  The board shall adopt rules establishing the procedure  2,072        

for an applicant A LICENSE HOLDER to certify to the board          2,073        

completion of the REQUIRED continuing nursing education.           2,075        

Continuing nursing education THE BOARD MAY CONDUCT A RANDOM        2,076        

SAMPLE OF LICENSE HOLDERS AND REQUIRE THAT THE LICENSE HOLDERS     2,077        

INCLUDED IN THE SAMPLE SUBMIT SATISFACTORY DOCUMENTATION OF        2,078        

HAVING COMPLETED THE REQUIREMENTS FOR CONTINUING NURSING                        

EDUCATION.  ON THE BOARD'S REQUEST, A LICENSE HOLDER INCLUDED IN   2,079        

THE SAMPLE SHALL SUBMIT THE REQUIRED DOCUMENTATION.                2,080        

                                                          46     


                                                                 
      (3)  AN EDUCATIONAL ACTIVITY may be applied to meet this     2,084        

TOWARD MEETING THE CONTINUING NURSING EDUCATION requirement ONLY   2,085        

if it is obtained through a program or course approved by the      2,086        

board or A person authorized by the board HAS AUTHORIZED TO        2,087        

APPROVE CONTINUING NURSING EDUCATION PROGRAMS AND COURSES. On      2,089        

request of the board, an applicant or license holder shall submit  2,090        

satisfactory documentation of completion of the required                        

continuing nursing education.  The                                 2,091        

      (4)  THE continuing education required of a certified        2,094        

registered nurse anesthetist, clinical nurse specialist,           2,095        

certified nurse-midwife, or certified nurse practitioner to                     

obtain or maintain certification by a national certifying          2,097        

organization shall be applied toward the applicant's continuing    2,099        

education requirements for renewal of the applicant's A license    2,100        

to practice nursing as a registered nurse.                                      

      (D)  Except as otherwise provided in section 4723.28 of the  2,102        

Revised Code, a LICENSE holder of a license who does not intend    2,103        

to practice in Ohio may send to the board written notice to that   2,105        

effect on or before the renewal date, and the board shall          2,106        

classify the license as inactive.  During the period that the      2,107        

license is classified as inactive, the holder may not engage in    2,109        

the practice of nursing in Ohio and is not required to pay the                  

renewal fee.                                                       2,110        

      The holder of an inactive license or an individual who has   2,112        

failed to renew the individual's license may have the license      2,113        

restored or renewed upon meeting the requirements for restoring    2,115        

and renewing licenses established in rules adopted under section   2,116        

4723.07 of the Revised Code.                                       2,117        

      Sec. 4723.28.  As used in this section, "dangerous drug"     2,126        

and "prescription" have the same meanings as in section 4729.01    2,128        

of the Revised Code.                                                            

      (A)  The board of nursing, pursuant to an adjudication       2,130        

conducted under Chapter 119. of the Revised Code and by a vote of  2,131        

a quorum, may revoke or may refuse to grant a license or           2,132        

                                                          47     


                                                                 
certificate to a person found by the board to have committed       2,134        

fraud in passing the examination or to have committed fraud,       2,135        

misrepresentation, or deception in applying for or securing any    2,136        

license or certificate issued by the board.                        2,138        

      (B)  The board of nursing, pursuant to an adjudication       2,140        

conducted under Chapter 119. of the Revised Code and by a vote of  2,141        

a quorum, may impose one or more of the following sanctions:       2,142        

deny, revoke permanently, suspend, or place restrictions on any    2,143        

license or certificate issued by the board; reprimand or           2,145        

otherwise discipline a holder of a license or certificate; or      2,146        

impose a fine of not more than five hundred dollars per            2,148        

violation.  The sanctions may be imposed for any of the                         

following:                                                         2,149        

      (1)(a)  Denial, revocation, suspension, or restriction of a  2,151        

license to practice nursing, for any reason other than a failure   2,152        

to renew, in another state or jurisdiction; or denial              2,153        

      (b)  SANCTIONS IMPOSED BY THE BOARD AGAINST A LICENSE TO     2,156        

PRACTICE NURSING IN THIS STATE, AS PROVIDED IN DIVISION (N) OF     2,157        

THIS SECTION;                                                                   

      (c)  DENIAL, revocation, suspension, or restriction of a     2,160        

license to practice a health care occupation other than nursing,   2,161        

for any reason other than a failure to renew, in Ohio or another   2,162        

state or jurisdiction;.                                                         

      (2)  Engaging in the practice of nursing, having failed to   2,164        

renew a license issued under this chapter, or while a license is   2,165        

under suspension;                                                  2,166        

      (3)  Conviction of, a plea of guilty to, or a judicial       2,168        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,169        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,170        

INTERVENTION IN LIEU OF CONVICTION FOR, a misdemeanor committed    2,172        

in the course of practice;                                         2,173        

      (4)  Conviction of, a plea of guilty to, or a judicial       2,175        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,176        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,177        

                                                          48     


                                                                 
INTERVENTION IN LIEU OF CONVICTION FOR, any felony or of any       2,179        

crime involving gross immorality or moral turpitude;               2,180        

      (5)  Selling, giving away, or administering drugs or         2,182        

therapeutic devices for other than legal and legitimate            2,183        

therapeutic purposes; or conviction of, a plea of guilty to, or a  2,185        

judicial finding of guilt of, A JUDICIAL FINDING OF GUILT          2,187        

RESULTING FROM A PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF   2,188        

ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR, violating  2,189        

any municipal, state, county, or federal drug law;                 2,190        

      (6)  Conviction of, a plea of guilty to, or a judicial       2,192        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,193        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,194        

INTERVENTION IN LIEU OF CONVICTION FOR, an act in another          2,196        

jurisdiction that would constitute a felony or a crime of moral    2,197        

turpitude in Ohio;                                                              

      (7)  Conviction of, a plea of guilty to, or a judicial       2,199        

finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A  2,201        

PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR    2,202        

INTERVENTION IN LIEU OF CONVICTION FOR, an act in the course of    2,204        

practice in another jurisdiction that would constitute a           2,205        

misdemeanor in Ohio;                                                            

      (8)  Self-administering or otherwise taking into the body    2,207        

any dangerous drug, AS DEFINED IN SECTION 4729.01 OF THE REVISED   2,209        

CODE, in any way not in accordance with a legal, valid             2,210        

prescription ISSUED FOR THAT INDIVIDUAL;                                        

      (9)  Habitual indulgence in the use of controlled            2,212        

substances, other habit-forming drugs, or alcohol or other         2,213        

chemical substances to an extent that impairs ability to           2,214        

practice;                                                          2,215        

      (10)  Impairment of the ability to practice according to     2,217        

acceptable and prevailing standards of safe nursing care because   2,218        

of habitual or excessive use of drugs, alcohol, or other chemical  2,221        

substances that impair the ability to practice;                    2,222        

      (11)  Impairment of the ability to practice according to     2,224        

                                                          49     


                                                                 
acceptable and prevailing standards of safe nursing care because   2,225        

of a physical or mental disability;                                2,226        

      (12)  Assaulting or causing harm to a patient or depriving   2,228        

a patient of the means to summon assistance;                       2,229        

      (13)  Obtaining or attempting to obtain money or anything    2,231        

of value by intentional misrepresentation or material deception    2,232        

in the course of practice;                                         2,233        

      (14)  Adjudication by a probate court that the license       2,235        

applicant or license holder is mentally ill or mentally            2,236        

incompetent.  The board may restore the license upon adjudication  2,237        

by a probate court of the person's restoration to competency or    2,238        

upon submission to the board of other proof of competency.         2,239        

      (15)  The suspension or termination of employment by the     2,241        

department of defense or the veterans administration of the        2,242        

United States for any act that violates or would violate this      2,243        

chapter;                                                           2,244        

      (16)  Violation of this chapter or any rules adopted under   2,246        

it;                                                                2,247        

      (17)  Violation of any restrictions placed on a license by   2,249        

the board;                                                         2,250        

      (18)  Failure to use universal blood and body fluid          2,252        

precautions established by rules adopted under section 4723.07 of  2,253        

the Revised Code;                                                  2,254        

      (19)  Failure to practice in accordance with acceptable and  2,257        

prevailing standards of safe nursing care;                         2,258        

      (20)  In the case of a registered nurse, engaging in         2,260        

activities that exceed the practice of nursing as a registered     2,261        

nurse under section 4723.02 of the Revised Code;                   2,262        

      (21)  In the case of a licensed practical nurse, engaging    2,264        

in activities that exceed the practice of nursing as a licensed    2,265        

practical nurse under section 4723.02 of the Revised Code;         2,266        

      (22)  Aiding and abetting in the unlicensed practice of      2,268        

nursing;                                                           2,269        

      (23)  In the case of a certified registered nurse            2,271        

                                                          50     


                                                                 
anesthetist, clinical nurse specialist, certified nurse-midwife,   2,273        

or certified nurse practitioner, or a registered nurse approved    2,274        

as an advanced practice nurse under section 4723.55 of the         2,275        

Revised Code, EXCEPT AS PROVIDED IN DIVISION (M) OF THIS SECTION,  2,277        

either of the following:                                           2,278        

      (a)  Waiving the payment of all or any part of a deductible  2,280        

or copayment that a patient, pursuant to a health insurance or     2,281        

health care policy, contract, or plan that covers such nursing     2,282        

services, would otherwise be required to pay if the waiver is      2,283        

used as an enticement to a patient or group of patients to         2,284        

receive health care services from that provider;                   2,285        

      (b)  Advertising that the nurse will waive the payment of    2,287        

all or any part of a deductible or copayment that a patient,       2,288        

pursuant to a health insurance or health care policy, contract,    2,289        

or plan that covers such nursing services, would otherwise be      2,290        

required to pay.                                                   2,291        

      (24)  Failure to comply with the terms and conditions of     2,293        

participation in the alternative CHEMICAL DEPENDENCY MONITORING    2,295        

program for chemically dependent nurses created by ESTABLISHED     2,296        

UNDER section 4723.35 of the Revised Code;                         2,297        

      (25)  Failure to comply with the terms and conditions        2,299        

required under the practice intervention and improvement program   2,300        

established under section 4723.282 of the Revised Code;            2,301        

      (26)  FAILURE TO ESTABLISH AND MAINTAIN PROFESSIONAL         2,304        

BOUNDARIES WITH A PATIENT, AS SPECIFIED IN RULES ADOPTED UNDER     2,305        

SECTION 4723.07 OF THE REVISED CODE;                                            

      (27)  In the case of a certified registered nurse            2,307        

anesthetist, clinical nurse specialist, certified nurse-midwife,   2,309        

or certified nurse practitioner:                                   2,310        

      (a)  Engaging in activities that exceed those permitted for  2,313        

the nurse's nursing specialty under section 4723.43 of the                      

Revised Code;                                                      2,314        

      (b)  Failure to meet the quality assurance standards         2,316        

established under section 4723.07 of the Revised Code.             2,318        

                                                          51     


                                                                 
      (27)(28)  In the case of a clinical nurse specialist,        2,320        

certified nurse-midwife, or certified nurse practitioner, failure  2,322        

to maintain a standard care arrangement in accordance with         2,323        

section 4723.431 of the Revised Code or to practice in accordance  2,324        

with the standard care arrangement;                                2,325        

      (28)(29)  In the case of a clinical nurse specialist,        2,328        

certified nurse-midwife, or certified nurse practitioner who       2,329        

holds a certificate to prescribe issued under section 4723.48 of   2,330        

the Revised Code, failure to prescribe drugs and therapeutic       2,332        

devices in accordance with section 4723.481 of the Revised Code;   2,333        

      (29)(30)  Prescribing any drug or device to perform or       2,336        

induce an abortion, or otherwise performing or inducing an                      

abortion;                                                          2,337        

      (30)  Failure to return to the board a license or            2,339        

certificate issued under this chapter that has lapsed or been      2,340        

suspended or revoked.                                              2,341        

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           2,343        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   2,344        

AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF THE REVISED CODE,  2,345        

EXCEPT THAT IN LIEU OF A HEARING, THE BOARD MAY ENTER INTO A       2,346        

CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF   2,347        

A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT.  A                    

CONSENT AGREEMENT, WHEN RATIFIED BY A VOTE OF A QUORUM, SHALL      2,348        

CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO     2,349        

THE MATTER ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES TO    2,350        

RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED  2,351        

IN THE AGREEMENT SHALL BE OF NO EFFECT.                                         

      (D)  THE HEARINGS OF THE BOARD SHALL BE CONDUCTED IN         2,353        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  THE BOARD MAY   2,354        

APPOINT A HEARING EXAMINER, AS PROVIDED IN SECTION 119.09 OF THE   2,355        

REVISED CODE, TO CONDUCT ANY HEARING THE BOARD IS AUTHORIZED TO    2,357        

HOLD UNDER CHAPTER 119. OF THE REVISED CODE.                                    

      IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED UNDER         2,359        

CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF AN OPPORTUNITY  2,360        

                                                          52     


                                                                 
FOR A HEARING AND THE APPLICANT OR LICENSE HOLDER DOES NOT MAKE A  2,361        

TIMELY REQUEST FOR A HEARING IN ACCORDANCE WITH SECTION 119.07 OF  2,362        

THE REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING,                  

BUT MAY ADOPT, BY A VOTE OF A QUORUM, A FINAL ORDER THAT CONTAINS  2,363        

THE BOARD'S FINDINGS.  IN THE FINAL ORDER, THE BOARD MAY ORDER     2,364        

ANY OF THE SANCTIONS LISTED IN DIVISION (A) OR (B) OF THIS         2,365        

SECTION.                                                                        

      (E)  If a criminal action is brought against a license       2,367        

holder for an act or crime described in divisions (B)(3) to (7)    2,368        

of this section and the action is dismissed by the trial court     2,369        

other than on the merits, the board shall hold CONDUCT an          2,370        

adjudication hearing to determine whether the license holder       2,371        

committed the act on which the action was based.  If the board     2,373        

determines on the basis of the hearing ADJUDICATION that the       2,374        

license holder committed the act, or if the license holder fails   2,376        

to participate in the hearing ADJUDICATION, the board may take     2,378        

action as though the license holder had been convicted of the      2,379        

act.                                                                            

      If the board takes action on the basis of a conviction,      2,381        

plea of guilty, or a judicial determination of guilt FINDING as    2,383        

described in divisions (B)(3) to (7) of this section that is       2,384        

overturned on appeal, the license holder may, on exhaustion of     2,385        

the appeal process, petition the board for reconsideration of its  2,386        

action.  On receipt of the petition and supporting court           2,387        

documents, the board shall temporarily rescind its action.  If     2,388        

the board determines that the decision on appeal was a decision    2,389        

on the merits, it shall permanently rescind its action.  If the    2,390        

board determines that the decision on appeal was not a decision    2,391        

on the merits, it shall hold CONDUCT an adjudicatory hearing       2,392        

ADJUDICATION to determine whether the license holder committed     2,394        

the act on which the original conviction, plea, or judicial        2,395        

determination FINDING was based.  If the board determines on the   2,397        

basis of the hearing ADJUDICATION that the license holder          2,399        

committed such act, or if the license holder does not request a    2,400        

                                                          53     


                                                                 
hearing AN ADJUDICATION, the board shall reinstate its action;     2,401        

otherwise, the board shall permanently rescind its action.         2,402        

      Notwithstanding the provision of division (C)(2) of section  2,404        

2953.32 of the Revised Code specifying that if records pertaining  2,405        

to a criminal case are sealed under that section the proceedings   2,406        

in the case shall be deemed not to have occurred, sealing of the   2,407        

records of a conviction on which the board has based an action     2,408        

under this section shall have no effect on the board's action or   2,409        

any sanction imposed by the board under this section.              2,410        

      (D)  In enforcing division (B) of THE BOARD SHALL NOT BE     2,413        

REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS         2,414        

RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS.      2,415        

      (F)  THE BOARD MAY INVESTIGATE AN INDIVIDUAL'S CRIMINAL      2,417        

BACKGROUND BY REQUESTING INFORMATION FROM THE BUREAU OF CRIMINAL   2,418        

IDENTIFICATION AND INVESTIGATION PURSUANT TO SECTION 109.57 OF     2,419        

THE REVISED CODE.  THE BOARD MAY APPLY FOR ACCESS TO THE           2,420        

COMPUTERIZED DATABASES ADMINISTERED BY THE NATIONAL CRIME                       

INFORMATION CENTER AND THE LAW ENFORCEMENT AUTOMATED DATA SYSTEM   2,421        

OPERATED PURSUANT TO SECTION 5503.10 OF THE REVISED CODE, AS WELL  2,422        

AS OTHER COMPUTERIZED DATABASES ADMINISTERED FOR THE PURPOSE OF    2,423        

MAKING CRIMINAL JUSTICE INFORMATION ACCESSIBLE TO STATE AGENCIES.  2,424        

THE BOARD IS HEREBY DESIGNATED TO BE A CRIMINAL JUSTICE AGENCY                  

FOR PURPOSES OF ANY STATE OR FEDERAL LAW REQUIRING, AS A           2,425        

CONDITION OF BEING AUTHORIZED TO APPLY FOR ACCESS TO THESE         2,426        

DATABASES, THAT AN ENTITY BE RECOGNIZED UNDER STATE LAW AS A       2,427        

CRIMINAL JUSTICE AGENCY.                                                        

      (G)  DURING THE COURSE OF AN INVESTIGATION CONDUCTED UNDER   2,429        

this section, the board may compel any individual licensed by      2,431        

this chapter or who has applied for licensure to submit to a       2,432        

mental or physical examination, or both, as required by the board  2,433        

and at the expense of the individual, IF THE BOARD FINDS REASON    2,434        

TO BELIEVE THAT THE INDIVIDUAL UNDER INVESTIGATION MAY HAVE A      2,435        

PHYSICAL OR MENTAL IMPAIRMENT THAT MAY AFFECT THE INDIVIDUAL'S     2,436        

ABILITY TO PROVIDE SAFE NURSING CARE.  Failure of any individual   2,437        

                                                          54     


                                                                 
to submit to a mental or physical examination when directed        2,438        

constitutes an admission of the allegations, unless the failure    2,439        

is due to circumstances beyond the individual's control, and a     2,440        

default and final order may be entered without the taking of       2,441        

testimony or presentation of evidence.  If                         2,442        

      IF the board finds that an individual is impaired, the       2,445        

board shall require the individual to submit to care, counseling,  2,446        

or treatment approved or designated by the board, as a condition   2,447        

for initial, continued, reinstated, or renewed licensure to        2,448        

practice.  The individual shall be afforded an opportunity to      2,449        

demonstrate to the board that the individual can BEGIN OR resume   2,450        

the individual's occupation PRACTICE OF NURSING in compliance      2,451        

with acceptable and prevailing standards OF CARE under the         2,454        

provisions of the individual's license.  For the purpose           2,456        

      FOR PURPOSES of this section DIVISION, any individual who    2,459        

is licensed by this chapter or makes application for licensure     2,461        

shall be deemed to have given consent to submit to a mental or     2,462        

physical examination when directed to do so in writing by the      2,463        

board, and to have waived all objections to the admissibility of   2,464        

testimony or examination reports that constitute a privileged      2,465        

communication.                                                                  

      (E)(H)  The board shall investigate evidence that appears    2,467        

to show that any person has violated any provision of this         2,468        

chapter or any rule of the board.  Any person may report to the    2,469        

board any information the person may have that appears to show a   2,470        

violation of any provision of this chapter or rule of the board.   2,471        

In the absence of bad faith, any person who reports such           2,472        

information or who testifies before the board in any adjudication  2,473        

conducted under Chapter 119. of the Revised Code shall not be      2,474        

liable for civil damages as a result of the report or testimony.   2,475        

      (I)  ALL OF THE FOLLOWING APPLY UNDER THIS CHAPTER WITH      2,477        

RESPECT TO THE CONFIDENTIALITY OF INFORMATION:                     2,478        

      (1)  Information received by the board pursuant to an        2,480        

investigation is confidential and not subject to discovery in any  2,481        

                                                          55     


                                                                 
civil action, except that the board may disclose information to    2,482        

law enforcement officers and government entities investigating a   2,483        

person licensed by the board OR A PERSON WHO MAY HAVE ENGAGED IN   2,484        

THE UNAUTHORIZED PRACTICE OF NURSING.  No law enforcement officer  2,485        

or government entity with knowledge of any information disclosed   2,486        

by the board pursuant to this division shall divulge the           2,487        

information to any other person or government entity except for    2,488        

the purpose of an adjudication by a court or licensing or                       

registration board or officer to which the person to whom the      2,489        

information relates is a party.                                    2,490        

      (2)  If the AN investigation requires a review of patient    2,493        

records, the investigation and proceeding shall be conducted in    2,494        

such a manner as to protect patient confidentiality.               2,495        

      (3)  All hearings ADJUDICATIONS and investigations of the    2,498        

board shall be considered civil actions for the purposes of        2,499        

section 2305.251 of the Revised Code.                              2,500        

      The hearings of the board shall be conducted in accordance   2,502        

with Chapter 119. of the Revised Code.  The board may appoint a    2,503        

hearing examiner as provided in section 119.09 to conduct any      2,504        

hearing the board is empowered to hold under Chapter 119. of the   2,505        

Revised Code.                                                      2,506        

      In the absence of fraud or bad faith, neither the board nor  2,508        

any current or former members, agents, representatives, or         2,509        

employees of the board shall be held liable in damages to any      2,510        

person as the result of any act, omission, proceeding, conduct,    2,511        

or decision related to their official duties undertaken or         2,512        

performed pursuant to this chapter.  If a current or former        2,513        

member, agent, representative, or employee requests the state to   2,514        

defend the individual against any claim or action arising out of   2,515        

any act, omission, proceeding, conduct, or decision related to     2,517        

the individual's official duties, if the request is made in        2,519        

writing at a reasonable time before trial, and if the individual   2,520        

requesting defense cooperates in good faith in the defense of the  2,521        

claim or action, the state shall provide and pay for such defense  2,522        

                                                          56     


                                                                 
and shall pay any resulting judgment, compromise, or settlement.   2,523        

At no time shall the state pay that part of a claim or judgment    2,524        

that is for punitive or exemplary damages.                         2,525        

      (F)(4)  ANY BOARD ACTIVITY THAT INVOLVES CONTINUED           2,527        

MONITORING OF AN INDIVIDUAL AS PART OF OR FOLLOWING ANY            2,528        

DISCIPLINARY ACTION TAKEN UNDER THIS SECTION SHALL BE CONDUCTED    2,529        

IN A MANNER THAT MAINTAINS THE INDIVIDUAL'S CONFIDENTIALITY.       2,530        

INFORMATION RECEIVED OR MAINTAINED BY THE BOARD WITH RESPECT TO    2,531        

THE BOARD'S MONITORING ACTIVITIES IS CONFIDENTIAL AND NOT SUBJECT  2,532        

TO DISCOVERY IN ANY CIVIL ACTION.                                               

      (J)  Any action taken by the board under this section        2,534        

resulting in a suspension from practice shall be accompanied by a  2,535        

written statement of the conditions under which the person may be  2,536        

reinstated to practice.                                            2,537        

      (G)(K)  WHEN THE BOARD REFUSES TO GRANT A LICENSE OR         2,539        

CERTIFICATE OF AUTHORITY TO AN APPLICANT, REVOKES A NURSE'S        2,540        

LICENSE OR CERTIFICATE, OR REFUSES TO REINSTATE A LICENSE OR       2,541        

CERTIFICATE, THE BOARD MAY SPECIFY THAT ITS ACTION IS PERMANENT.   2,542        

AN INDIVIDUAL SUBJECT TO PERMANENT ACTION TAKEN BY THE BOARD IS    2,543        

FOREVER INELIGIBLE TO HOLD A LICENSE OR CERTIFICATE OF THE TYPE    2,544        

THAT WAS REFUSED OR REVOKED AND THE BOARD SHALL NOT ACCEPT FROM    2,545        

THE INDIVIDUAL AN APPLICATION FOR REINSTATEMENT OF THE LICENSE OR               

CERTIFICATE OR FOR A NEW LICENSE OR CERTIFICATE.                   2,546        

      (L)  No unilateral surrender of a license issued under this  2,548        

chapter shall be effective unless accepted by majority vote of     2,549        

the board.  No application for a license issued under this         2,550        

chapter may be withdrawn without a majority vote of the board.     2,551        

THE BOARD'S JURISDICTION TO TAKE DISCIPLINARY ACTION UNDER THIS    2,553        

SECTION IS NOT REMOVED OR LIMITED WHEN AN INDIVIDUAL HAS A         2,554        

LICENSE OR CERTIFICATE OF AUTHORITY CLASSIFIED AS INACTIVE OR      2,555        

FAILS TO RENEW A LICENSE OR CERTIFICATE OF AUTHORITY.              2,556        

      (H)  Notwithstanding division (B)(23) of this section,       2,558        

sanctions (M)  SANCTIONS shall not be imposed UNDER DIVISION       2,560        

(B)(23) OF THIS SECTION against any licensee who waives                         

                                                          57     


                                                                 
deductibles and copayments AS FOLLOWS:                             2,561        

      (1)  In compliance with the health benefit plan that         2,563        

expressly allows such a practice.  Waiver of the deductibles or    2,564        

copayments shall be made only with the full knowledge and consent  2,565        

of the plan purchaser, payer, and third-party administrator.  The  2,566        

DOCUMENTATION OF THE consent shall be made available to the board  2,568        

upon request.                                                                   

      (2)  For professional services rendered to any other person  2,570        

licensed pursuant to this chapter to the extent allowed by this    2,571        

chapter and the rules of the board.                                2,572        

      (I)  The holder of a license or certificate issued under     2,574        

this chapter shall return to the board a license or certificate    2,575        

that has lapsed or been suspended or revoked.                      2,576        

      (N)  IF A PERSON IS DUALLY LICENSED IN THIS STATE TO         2,578        

PRACTICE NURSING AS A REGISTERED NURSE AND AS A LICENSED           2,579        

PRACTICAL NURSE AND THE BOARD IMPOSES A SANCTION AGAINST ONE OF    2,581        

THE PERSON'S LICENSES, THE BOARD MAY IMPOSE THE SAME OR ANOTHER    2,582        

SANCTION AGAINST THE PERSON'S OTHER LICENSE.                       2,583        

      IF THE BOARD IMPOSES A SANCTION AGAINST A PERSON WHO HOLDS   2,585        

A LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE OR AS A        2,586        

LICENSED PRACTICAL NURSE AND THE PERSON SUBSEQUENTLY APPLIES FOR   2,587        

THE OTHER LICENSE TO PRACTICE NURSING, THE BOARD MAY REFUSE TO     2,588        

ISSUE THE NEW LICENSE OR MAY IMPOSE ANOTHER SANCTION AGAINST THE   2,589        

APPLICANT FOR HAVING BEEN SUBJECT TO A PREVIOUS SANCTION BY THE    2,590        

BOARD.                                                             2,591        

      Sec. 4723.281.  (A)  As used in this section, with regard    2,600        

to offenses committed in Ohio, "aggravated murder," "murder,"      2,601        

"voluntary manslaughter," "felonious assault," "kidnapping,"       2,602        

"rape," "sexual battery," "GROSS SEXUAL IMPOSITION," "aggravated   2,604        

arson," "AGGRAVATED ROBBERY," and "aggravated burglary" mean such  2,606        

offenses as defined in Title XXIX of the Revised Code; with        2,607        

regard to offenses committed in other jurisdictions, the terms     2,608        

mean offenses comparable to offenses defined in Title XXIX of the  2,609        

Revised Code.                                                                   

                                                          58     


                                                                 
      (B)  The board of nursing may impose a summary suspension    2,611        

without a hearing on a person licensed under this chapter if it    2,612        

determines that there is evidence that the license holder is       2,613        

subject to actions under division (B) of section 4723.28 of the    2,614        

Revised Code and that WHEN there is clear and convincing evidence  2,615        

that continued practice by the license holder AN INDIVIDUAL        2,617        

LICENSED UNDER THIS CHAPTER presents a danger of immediate and     2,619        

serious harm to the public.  The, AS DETERMINED ON CONSIDERATION   2,620        

OF THE EVIDENCE BY THE president and the executive director of     2,621        

the board OF NURSING, THE PRESIDENT AND DIRECTOR shall make a      2,622        

preliminary determination and describe the evidence on which they  2,623        

made their determination to the other members of the board.  The   2,624        

board may by resolution designate another board member to act in   2,625        

place of the president of the board and another employee to act    2,626        

in the place of the executive director, in the event that the      2,627        

board president or executive director is unavailable or unable to  2,628        

act. On consideration of the evidence, the board may by an         2,629        

affirmative vote of seven members, not including the president of  2,630        

the board or the person named to act in place of the president,    2,631        

impose ON the INDIVIDUAL A summary suspension WITHOUT A HEARING.   2,632        

The description of the evidence and information may be given and   2,633        

the vote taken by telephone conference call AN INDIVIDUAL SERVING  2,634        

AS PRESIDENT OR EXECUTIVE DIRECTOR IN THE ABSENCE OF THE           2,635        

PRESIDENT OR EXECUTIVE DIRECTOR MAY TAKE ANY ACTION THAT THIS      2,636        

SECTION REQUIRES OR AUTHORIZES THE PRESIDENT OR EXECUTIVE          2,637        

DIRECTOR TO TAKE.                                                               

      Immediately following the decision to impose a summary       2,639        

suspension under this division, the board shall issue a written    2,640        

order of suspension and cause it to be delivered by certified      2,641        

mail or in person in accordance with section 119.07 of the         2,642        

Revised Code.  The order shall not be subject to suspension by     2,643        

the court during the pendency of any appeal filed under section    2,644        

119.12 of the Revised Code.  If the license holder INDIVIDUAL      2,645        

SUBJECT TO THE SUSPENSION requests an adjudication hearing, the    2,647        

                                                          59     


                                                                 
date set for the hearing ADJUDICATION shall be within fifteen      2,649        

days but not earlier than seven days after the license holder has  2,650        

requested a hearing INDIVIDUAL MAKES THE REQUEST, unless another   2,651        

date is agreed to by both the license holder INDIVIDUAL and the    2,652        

board.  The summary suspension shall remain in effect, unless      2,654        

reversed by the board, until a final adjudication order issued by  2,655        

the board pursuant to this section and Chapter 119. of the         2,656        

Revised Code becomes effective.                                    2,657        

      The board shall issue its final adjudication order within    2,659        

ninety days after completion of the hearing ADJUDICATION.  If the  2,661        

board does not issue such A FINAL order within the ninety-day      2,662        

period, the summary suspension shall be void, but any final        2,664        

adjudication order issued subsequent to the ninety-day period      2,665        

shall not be affected.                                                          

      (C)  The license of a person licensed ISSUED TO AN           2,667        

INDIVIDUAL under this chapter is automatically suspended on that   2,669        

person's INDIVIDUAL'S conviction OF, plea of guilty TO, or         2,671        

judicial determination of guilt of FINDING WITH REGARD TO any of   2,672        

the following in Ohio or any other jurisdiction of the United      2,673        

States: aggravated murder, murder, voluntary manslaughter,         2,674        

felonious assault, kidnapping, rape, sexual battery, GROSS SEXUAL  2,675        

IMPOSITION, aggravated arson, AGGRAVATED ROBBERY, or aggravated    2,677        

burglary.  The suspension shall remain in effect from the date of  2,678        

the conviction, plea, or finding until an adjudicatory hearing     2,679        

ADJUDICATION is held under Chapter 119. of the Revised Code.  If   2,681        

the board has knowledge that an automatic suspension has           2,682        

occurred, it shall notify the license holder INDIVIDUAL SUBJECT                 

TO THE SUSPENSION.  If the license holder INDIVIDUAL is notified   2,684        

and either fails to request an adjudicatory hearing ADJUDICATION   2,686        

within the time periods established by Chapter 119. of the         2,688        

Revised Code or fails to participate in the hearing ADJUDICATION,  2,689        

the board may SHALL enter a final order PERMANENTLY revoking the   2,691        

license.                                                                        

      Sec. 4723.32.  This chapter does not prohibit ANY OF THE     2,700        

                                                          60     


                                                                 
FOLLOWING:                                                                      

      (A)  The practice of nursing by students as an integral      2,702        

part of a program of study leading to initial licensure and A      2,703        

STUDENT CURRENTLY ENROLLED IN AND ACTIVELY PURSUING COMPLETION OF  2,704        

A PRELICENSURE NURSING EDUCATION PROGRAM approved by the board of  2,705        

nursing, IF THE STUDENT'S PRACTICE IS UNDER THE AUSPICES OF THE    2,707        

PROGRAM AND THE STUDENT ACTS UNDER THE DIRECT SUPERVISION OF A     2,708        

REGISTERED NURSE SERVING FOR THE PROGRAM AS A FACULTY MEMBER,      2,709        

TEACHING ASSISTANT, OR PRECEPTOR;                                               

      (B)  The practice of nursing by a person currently licensed  2,712        

in another jurisdiction who is employed by the United States       2,713        

government or any agency thereof while in the discharge of                      

official duties;                                                   2,714        

      (C)  The rendering of medical assistance to a licensed       2,716        

physician, licensed dentist, or licensed podiatrist by a person    2,717        

under the direction, supervision, and control of such licensed     2,718        

physician, dentist, or podiatrist;                                 2,719        

      (D)(C)  The activities of persons employed as nursing        2,721        

aides, attendants, orderlies, or other auxiliary workers in        2,722        

patient homes, nurseries, nursing homes, hospitals, home health    2,723        

agencies, or other similar institutions;                           2,724        

      (E)  The practice of nursing by any registered nurse or      2,726        

licensed practical nurse currently licensed in another             2,727        

jurisdiction who is employed by an individual, agency, or          2,728        

corporation located in that jurisdiction and whose employment      2,729        

responsibilities include transporting patients into, out of, or    2,730        

through this jurisdiction, so long as each trip does not exceed    2,731        

forty-eight hours in this state;                                   2,732        

      (F)(D)  The provision of nursing services to family members  2,734        

or in emergency situations;                                        2,735        

      (G)(E)  The care of the sick when done in connection with    2,738        

the practice of religious tenets of any church and by OR FOR its   2,739        

members;                                                                        

      (H)(F)  The practice of nursing as a certified registered    2,741        

                                                          61     


                                                                 
nurse anesthetist, clinical nurse specialist, certified            2,743        

nurse-midwife, or certified nurse practitioner by a student as an  2,744        

integral part CURRENTLY ENROLLED IN AND ACTIVELY PURSUING          2,745        

COMPLETION of a program of study leading to initial authorization  2,746        

by the board to practice nursing in the specialty, if the program  2,747        

qualifies the student to sit for the examination of a national     2,748        

certifying organization listed in division (A)(3) of section       2,749        

4723.41 of the Revised Code or approved by the board under                      

section 4723.46 of the Revised Code, or prepares the student to    2,751        

receive a master's degree in accordance with division (A)(2) of    2,752        

section 4723.41 of the Revised Code;                                            

      (G)  THE ACTIVITIES OF AN INDIVIDUAL WHO CURRENTLY HOLDS A   2,755        

LICENSE TO PRACTICE NURSING IN ANOTHER JURISDICTION, IF THE        2,756        

INDIVIDUAL'S LICENSE HAS NOT BEEN REVOKED, THE INDIVIDUAL IS NOT   2,757        

CURRENTLY UNDER SUSPENSION OR ON PROBATION, THE INDIVIDUAL DOES    2,758        

NOT REPRESENT THE INDIVIDUAL AS BEING LICENSED UNDER THIS          2,759        

CHAPTER, AND ONE OF THE FOLLOWING IS THE CASE:                     2,760        

      (1)  THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING   2,762        

BY DISCHARGING OFFICIAL DUTIES WHILE EMPLOYED BY OR UNDER          2,763        

CONTRACT WITH THE UNITED STATES GOVERNMENT OR ANY AGENCY THEREOF;  2,766        

      (2)  THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING   2,768        

AS AN EMPLOYEE OF AN INDIVIDUAL, AGENCY, OR CORPORATION LOCATED    2,769        

IN THE OTHER JURISDICTION IN A POSITION WITH EMPLOYMENT            2,770        

RESPONSIBILITIES THAT INCLUDE TRANSPORTING PATIENTS INTO, OUT OF,  2,771        

OR THROUGH THIS STATE, AS LONG AS EACH TRIP IN THIS STATE DOES     2,772        

NOT EXCEED SEVENTY-TWO HOURS;                                      2,773        

      (3)  THE INDIVIDUAL IS CONSULTING WITH AN INDIVIDUAL         2,775        

LICENSED IN THIS STATE TO PRACTICE ANY HEALTH-RELATED PROFESSION;  2,776        

      (4)  THE INDIVIDUAL IS ENGAGING IN ACTIVITIES ASSOCIATED     2,778        

WITH TEACHING IN THIS STATE AS A GUEST LECTURER AT OR FOR A        2,780        

NURSING EDUCATION PROGRAM, CONTINUING NURSING EDUCATION PROGRAM,   2,781        

OR IN-SERVICE PRESENTATION;                                        2,782        

      (5)  THE INDIVIDUAL IS CONDUCTING EVALUATIONS OF NURSING     2,784        

CARE THAT ARE UNDERTAKEN ON BEHALF OF AN ACCREDITING               2,786        

                                                          62     


                                                                 
ORGANIZATION, INCLUDING THE NATIONAL LEAGUE FOR NURSING            2,787        

ACCREDITING COMMITTEE, THE JOINT COMMISSION ON ACCREDITATION OF    2,788        

HEALTHCARE ORGANIZATIONS, OR ANY OTHER NATIONALLY RECOGNIZED       2,789        

ACCREDITING ORGANIZATION;                                                       

      (6)  THE INDIVIDUAL IS PROVIDING NURSING CARE TO AN          2,791        

INDIVIDUAL WHO IS IN THIS STATE ON A TEMPORARY BASIS, NOT TO       2,792        

EXCEED SIX MONTHS IN ANY ONE CALENDAR YEAR, IF THE NURSE IS        2,793        

DIRECTLY EMPLOYED BY OR UNDER CONTRACT WITH THE INDIVIDUAL OR A    2,794        

GUARDIAN OR OTHER PERSON ACTING ON THE INDIVIDUAL'S BEHALF;        2,795        

      (7)  THE INDIVIDUAL IS PROVIDING NURSING CARE DURING ANY     2,797        

DISASTER, NATURAL OR OTHERWISE, THAT HAS BEEN OFFICIALLY DECLARED  2,798        

TO BE A DISASTER BY A PUBLIC ANNOUNCEMENT ISSUED BY AN             2,799        

APPROPRIATE FEDERAL, STATE, COUNTY, OR MUNICIPAL OFFICIAL.         2,800        

      Sec. 4723.34.  (A)  REPORTS TO THE BOARD OF NURSING SHALL    2,809        

BE MADE AS FOLLOWS:                                                2,810        

      (1)  Every employer of registered nurses or licensed         2,813        

practical nurses shall report to the board of nursing the name of  2,814        

any person CURRENT OR FORMER EMPLOYEE licensed under this chapter  2,815        

whose employment WHO has been terminated voluntarily or            2,816        

involuntarily because of ENGAGED IN conduct that would be grounds  2,817        

for disciplinary action by the board under division (B) of         2,819        

section 4723.28 of the Revised Code.                               2,820        

      (B)(2)  Nursing associations shall report to the board the   2,822        

name of any registered nurse or licensed practical nurse who has   2,823        

been investigated and found to constitute a danger to the public   2,824        

health, safety, and welfare because of conduct that would be       2,825        

grounds for disciplinary action by the board under section         2,826        

4723.28 of the Revised Code, except that a nursing association is  2,827        

not required to report the name of such a nurse if the nurse is    2,828        

maintaining satisfactory participation in a peer support program   2,829        

approved by the board under rules adopted under section 4723.07    2,830        

of the Revised Code.                                               2,831        

      (C)(3)  If the prosecutor in a case described in divisions   2,833        

(B)(3) to (5) of section 4723.28 of the Revised Code, or in a      2,834        

                                                          63     


                                                                 
case where the trial court issued an order of dismissal upon       2,835        

technical or procedural grounds of a charge of a misdemeanor       2,836        

committed in the course of practice, a felony charge, or a charge  2,837        

of gross immorality or moral turpitude, knows or has reason to     2,838        

believe that the person charged is licensed under this chapter to  2,839        

practice nursing as a registered nurse or as a licensed practical  2,840        

nurse, the prosecutor shall notify the board of nursing on forms   2,841        

prescribed and provided by the board.  The report shall include    2,842        

the name and address of the license holder, the charge, and the    2,843        

certified court documents recording the action.                    2,844        

      (D)(B)  If any person fails to provide a report required by  2,846        

this section, the board may seek an order from a court of          2,847        

competent jurisdiction compelling submission of the report.        2,848        

      Sec. 4723.341.  As used in this section, "person" has the    2,857        

same meaning as in section 1.59 of the Revised Code and also       2,858        

includes the board of nursing and its members and employees;       2,859        

health care facilities, associations, and societies; insurers;     2,860        

and individuals.                                                   2,861        

      In the absence of fraud or bad faith, no person reporting    2,863        

to the board of nursing or testifying in an adjudication hearing   2,864        

conducted under Chapter 119. of the Revised Code with regard to    2,865        

alleged incidents of negligence or malpractice, matters subject    2,866        

to section 2301.373 or 4723.28 of the Revised Code, violations of  2,867        

section 4723.34 of the Revised Code, or the qualifications,        2,868        

fitness, or character of a person licensed or applying for a       2,869        

license to practice nursing as a registered nurse or licensed      2,870        

practical nurse shall be subject to any civil action or liable     2,871        

for damages as a result of making the report or testifying.        2,872        

      In the absence of fraud or bad faith, no professional        2,874        

association of individuals who are licensed under this chapter     2,875        

that sponsors a committee or program to provide peer assistance    2,876        

to nurses with substance abuse problems, no representative or      2,877        

agent of such a committee or program, and no member of the board   2,878        

of nursing shall be liable to any person for damages in a civil    2,879        

                                                          64     


                                                                 
action by reason of actions taken to refer a nurse to a treatment  2,880        

provider designated by the board or actions or omissions of the    2,881        

provider in treating a nurse.                                      2,882        

      Sec. 4723.35.  (A)  As used in this section, "chemical       2,891        

dependency" means either of the following:                         2,892        

      (1)  The chronic and habitual use of alcoholic beverages to  2,894        

the extent that the user no longer can control the use of alcohol  2,895        

or endangers the user's health, safety, or welfare or that of      2,896        

others;                                                                         

      (2)  The use of a drug of abuse, CONTROLLED SUBSTANCE as     2,898        

defined in section 3719.011 3719.01 of the Revised Code, A         2,900        

HARMFUL INTOXICANT AS DEFINED IN SECTION 2925.01 OF THE REVISED    2,901        

CODE, OR A DANGEROUS DRUG AS DEFINED IN SECTION 4729.01 OF THE     2,902        

REVISED CODE, to the extent that the user becomes physically or    2,904        

psychologically dependent on the SUBSTANCE, INTOXICANT, OR drug    2,905        

or endangers the user's health, safety, or welfare or that of      2,906        

others.                                                            2,907        

      (B)  The board of nursing shall establish a chemical         2,909        

dependency treatment MONITORING program, which shall be called     2,910        

the alternative program for chemically dependent nurses.  The      2,913        

progarm PROGRAM shall be MADE available to registered nurses and   2,915        

licensed practical nurses ANY INDIVIDUAL UNDER THE BOARD'S         2,916        

JURISDICTION who have HAS a chemical dependency and meet MEETS     2,918        

THE BOARD'S eligibility requirements FOR ADMISSION TO AND          2,919        

CONTINUED PARTICIPATION IN THE PROGRAM.  The board shall develop   2,920        

the program, SELECT THE PROGRAM'S NAME, and designate an           2,921        

administrator A COORDINATOR to operate it, and ADMINISTER THE      2,923        

PROGRAM.                                                                        

      (C)  THE BOARD shall adopt rules in accordance with Chapter  2,926        

119. of the Revised Code that establish the following:                          

      (1)  Eligibility requirements for ADMISSION TO AND           2,928        

CONTINUED participation IN THE MONITORING PROGRAM;                 2,929        

      (2)  Terms and conditions a nurse THAT must meet BE MET to   2,932        

PARTICIPATE IN AND successfully complete the program;              2,933        

                                                          65     


                                                                 
      (3)  Procedures for keeping confidential records regarding   2,935        

participants;                                                                   

      (4)  Any other requirements or procedures necessary to       2,937        

establish and administer the program.                              2,938        

      (C)  A registered nurse or licensed practical nurse may      2,940        

voluntarily seek treatment for any chemical dependency that may    2,941        

be grounds for disciplinary action by the board under division     2,943        

(B) of section 4723.28 of the Revised Code.  The board of nursing  2,945        

may abstain from taking disciplinary action against a nurse who    2,946        

voluntarily seeks treatment if it finds that the nurse can be      2,947        

treated effectively and that there is no impairment of ability to  2,948        

practice according to acceptable and prevailing standards of safe  2,950        

nursing care.  The board may require, as a condition of its        2,951        

abstention, that the nurse participate in the alternative program  2,952        

for chemically dependent nurses, comply with the terms and         2,953        

conditions of the program, and successfully complete it.           2,954        

      (D)  A nurse who voluntarily participates in the             2,956        

alternative program for chemically dependent nurses without being  2,957        

referred by the board and complies with the terms and conditions   2,958        

of the program and the requirements of this section shall not be   2,959        

subject to investigation or disciplinary action by the board for   2,960        

chemical dependency.  The nurse shall report to the board any                   

failure to comply with the terms and conditions of the program or  2,962        

successfully complete it.                                                       

      (E)(D)  Except as provided in division (F)(E) of this        2,965        

section, all records OF AN INDIVIDUAL'S PARTICIPATION IN THE       2,966        

MONITORING PROGRAM, including medical records, chemical            2,967        

dependency records, and mental health records, of a participant    2,968        

in the program shall be confidential, are not public records for   2,970        

the purposes of section 149.43 of the Revised Code, and are not                 

subject to discovery by subpoena or admissible as evidence in any  2,972        

judicial proceeding.  The administrator of the program             2,973        

COORDINATOR shall maintain all records in the board's office for   2,975        

a period of five years.                                                         

                                                          66     


                                                                 
      (F)  On commencement of participation in the program, a      2,978        

registered nurse or licensed practical nurse shall sign a waiver                

permitting the program administrator to release to the board the   2,979        

nurse's records if the nurse fails to comply with the terms and    2,981        

conditions of the program, does not successfully complete the      2,982        

program, or is unable to practice according to acceptable and      2,983        

prevailing standards of safe nursing care due to chemical          2,985        

dependency.  The administrator shall report to the board any such  2,986        

nurse and release the nurse's records to it.  The board shall      2,987        

then investigate in accordance with division (E) of section        2,988        

4723.28 of the Revised Code.                                                    

      (G)(E)  THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE    2,990        

RECORDS OR INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND      2,992        

STATUS OF PARTICIPATION IN THE PROGRAM TO THE DISCIPLINARY         2,994        

SECTION OF THE BOARD OF NURSING AND TO ANY PERSON OR GOVERNMENT    2,995        

ENTITY THAT THE PROGRAM PARTICIPANT AUTHORIZES IN WRITING TO BE    2,996        

GIVEN THE RECORDS OR INFORMATION.  IN DISCLOSING RECORDS OR        2,997        

INFORMATION UNDER THIS DIVISION, THE COORDINATOR SHALL NOT         2,998        

INCLUDE ANY RECORD OR INFORMATION THAT IS PROTECTED UNDER SECTION  2,999        

3793.13 OF THE REVISED CODE OR ANY FEDERAL STATUTE OR REGULATION   3,001        

THAT PROVIDES FOR THE CONFIDENTIALITY OF MENTAL HEALTH OR          3,002        

SUBSTANCE ABUSE RECORDS.                                           3,003        

      (F)  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING    3,005        

PROGRAM'S COORDINATOR, THE BOARD OF NURSING, AND THE BOARD'S       3,006        

EMPLOYEES AND REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY    3,008        

CIVIL ACTION AS A RESULT OF DISCLOSING RECORDS OR INFORMATION IN   3,009        

ACCORDANCE WITH DIVISION (E) OF THIS SECTION.  In the absence of   3,011        

fraud or bad faith, any person reporting to the program with       3,013        

regard to a nurse's AN INDIVIDUAL'S chemical dependence            3,014        

DEPENDENCY, or the progress or lack of progress of that nurse      3,015        

INDIVIDUAL with regard to treatment, shall be immune from any      3,017        

civil action and shall IS not be liable for civil damages IN ANY   3,018        

CIVIL ACTION as a result of the report.                            3,019        

      (G)  THE BOARD OF NURSING MAY ABSTAIN FROM TAKING ACTION     3,021        

                                                          67     


                                                                 
UNDER SECTION 4723.28 OF THE REVISED CODE AGAINST AN INDIVIDUAL    3,022        

BECAUSE OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY, IF THE            3,024        

INDIVIDUAL MEETS THE ELIGIBILITY REQUIREMENTS FOR ADMISSION INTO   3,026        

THE MONITORING PROGRAM AND ALL OF THE FOLLOWING OCCUR:             3,028        

      (1)  THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH  3,030        

THE COORDINATOR OF THE PROGRAM;                                    3,031        

      (2)  THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS   3,033        

FOR CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE    3,034        

MONITORING AGREEMENT;                                              3,035        

      (3)  THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND     3,037        

CONDITIONS OF THE MONITORING AGREEMENT.                            3,038        

      Sec. 4723.42.  (A)  If the applicant for authorization to    3,047        

practice nursing as a certified registered nurse anesthetist,      3,049        

clinical nurse specialist, certified nurse-midwife, or certified   3,052        

nurse practitioner has met all the requirements of section         3,054        

4723.41 of the Revised Code and has paid the fee required by       3,056        

section 4723.08 of the Revised Code, the board of nursing shall    3,057        

issue its certificate of authority to practice nursing as a        3,059        

certified registered nurse anesthetist, clinical nurse             3,060        

specialist, certified nurse-midwife, or certified nurse            3,062        

practitioner, which shall designate the nursing specialty the      3,064        

nurse is authorized to practice.  The certificate entitles its     3,065        

holder to practice nursing in the specialty designated on the      3,066        

certificate.                                                                    

      The board shall issue or deny its certificate not later      3,069        

than sixty days after receiving all of the documents required by   3,070        

section 4723.41 of the Revised Code.                               3,071        

      If an applicant is under investigation for a violation of    3,074        

this chapter, the board shall conclude the investigation not       3,075        

later than ninety days after receipt of all required documents,    3,076        

unless this ninety-day period is extended by written consent of    3,077        

the applicant, or unless the board determines that a substantial   3,079        

question of such a violation exists and the board has notified     3,080        

the applicant in writing of the reasons for the continuation of    3,081        

                                                          68     


                                                                 
the investigation.  If the board determines that the applicant     3,082        

has not violated this chapter, it shall issue a certificate not    3,083        

later than forty-five days after making that determination.        3,086        

      (B)  Authorization to practice nursing as a certified        3,089        

registered nurse anesthetist, clinical nurse specialist,           3,091        

certified nurse-midwife, or certified nurse practitioner shall be  3,093        

renewed biennially according to rules and a schedule adopted by    3,095        

the board.  Before a date specified by the board IN PROVIDING      3,096        

RENEWAL APPLICATIONS TO CERTIFICATE HOLDERS, the board shall mail  3,098        

an application for renewal of a certificate of authority to each                

certificate holder at the last known address of the holder FOLLOW  3,101        

THE PROCEDURES IT FOLLOWS UNDER SECTION 4723.24 OF THE REVISED     3,102        

CODE IN PROVIDING RENEWAL APPLICATIONS TO LICENSE HOLDERS.         3,103        

Failure of the CERTIFICATE holder to receive an application for    3,105        

renewal from the board does not excuse the holder from the         3,106        

requirements of section 4723.44 of the Revised Code.  Not          3,107        

      NOT later than the date specified by the board, the holder   3,110        

shall complete the renewal form and return it to the board with    3,112        

all of the following:                                                           

      (1)  The renewal fee required by section 4723.08 of the      3,114        

Revised Code;                                                      3,115        

      (2)  Except as provided in division (C) of this section,     3,118        

documentation satisfactory to the board that the holder has        3,119        

maintained certification in the nursing specialty with a national  3,120        

certifying organization listed in division (A)(3) of section       3,122        

4723.41 of the Revised Code or approved by the board under         3,123        

section 4723.46 of the Revised Code;                               3,124        

      (3)  A list of the names and business addresses of the       3,126        

holder's current collaborating physicians and podiatrists, if the  3,127        

holder is a clinical nurse specialist, certified nurse-midwife,    3,128        

or certified nurse practitioner;                                                

      (4)  If the holder's certificate was issued under division   3,131        

(C) of section 4723.41 of the Revised Code, evidence               3,132        

DOCUMENTATION SATISFACTORY TO THE BOARD that the holder has        3,133        

                                                          69     


                                                                 
completed continuing education for a clinical nurse specialist as  3,134        

required by rule of the board;                                     3,135        

      (5)  If the holder's certificate was issued under division   3,138        

(D) of section 4723.41 of the Revised Code, verification of        3,139        

DOCUMENTATION SATISFACTORY TO THE BOARD THAT THE HOLDER HAS        3,140        

continued employment by a public agency or a private, nonprofit    3,141        

entity that receives funding under Title X of the "Public Health   3,143        

Service Act," 42 U.S.C. 300 and 300a-1 (1991).                     3,145        

      On receipt of the renewal application, fees, and documents,  3,148        

the board shall verify that the applicant holds a current license  3,150        

to practice nursing as a registered nurse in this state, and, if   3,152        

it so verifies, shall renew the certificate.  If an applicant      3,153        

submits the completed renewal application after the date           3,154        

specified in the board's schedule, but before the expiration of    3,155        

the certificate, the board shall grant a renewal when the late     3,156        

renewal fee required by section 4723.08 of the Revised Code is     3,157        

paid.                                                                           

      An applicant for reinstatement of an expired certificate     3,159        

shall submit the REINSTATEMENT FEE, renewal fee, and the late      3,162        

renewal fee required by section 4723.08 of the Revised Code.  Any  3,163        

holder of a certificate who desires inactive status shall give     3,164        

the board written notice to that effect.                           3,165        

      (C)  The board shall renew a certificate of authority to     3,168        

practice nursing as a clinical nurse specialist issued pursuant    3,169        

to division (C) of section 4723.41 of the Revised Code, if the     3,171        

certificate holder complies with all renewal requirements of this  3,172        

section other than the requirement of having maintained            3,173        

certification in the holder's nursing specialty.                   3,174        

      Sec. 4723.43.  A certified registered nurse anesthetist,     3,184        

clinical nurse specialist, certified nurse-midwife, or certified   3,185        

nurse practitioner may provide to individuals and groups nursing   3,187        

care that requires knowledge and skill obtained from advanced      3,188        

formal education and clinical experience.                                       

      (A)  A nurse authorized to practice as a certified           3,191        

                                                          70     


                                                                 
nurse-midwife, in collaboration with one or more physicians, may   3,192        

provide the management of preventive services and those primary    3,193        

care services necessary to provide health care to women            3,194        

antepartally, intrapartally, postpartally, and gynecologically,    3,195        

consistent with the nurse's education and certification, and in    3,196        

accordance with rules adopted by the board.                                     

      No certified nurse-midwife may perform version, deliver      3,199        

breech or face presentation, use forceps, do any obstetric         3,200        

operation, or treat any other abnormal condition, except in        3,201        

emergencies.  Division (A) of this section does not prohibit a     3,203        

certified nurse-midwife from performing episiotomies or normal     3,204        

vaginal deliveries, or repairing vaginal tears.  A certified       3,205        

nurse-midwife who holds a certificate to prescribe issued under    3,207        

section 4723.48 of the Revised Code may, in collaboration with     3,209        

one or more physicians, prescribe drugs and therapeutic devices    3,210        

in accordance with section 4723.481 of the Revised Code.           3,211        

      (B)  A nurse authorized to practice as a certified           3,214        

registered nurse anesthetist, with the supervision and in the      3,215        

immediate presence of a physician, podiatrist, or dentist, may     3,216        

administer anesthesia and perform anesthesia induction,                         

maintenance, and emergence, and may perform with supervision       3,217        

preanesthetic preparation and evaluation, postanesthesia care,     3,218        

and clinical support functions, consistent with the nurse's        3,220        

education and certification, and in accordance with rules adopted  3,221        

by the board.  A certified registered nurse anesthetist is not     3,223        

required to obtain a certificate to prescribe in order to provide  3,224        

the anesthesia care described in this division.                    3,225        

      The physician, podiatrist, or dentist supervising a          3,227        

certified registered nurse anesthetist must be actively engaged    3,229        

in practice in this state.  When a certified registered nurse      3,231        

anesthetist is supervised by a podiatrist, the nurse's scope of    3,232        

practice is limited to the anesthesia procedures that the          3,233        

podiatrist has the authority under section 4731.51 of the Revised  3,234        

Code to perform.  A certified registered nurse anesthetist may     3,235        

                                                          71     


                                                                 
not administer general anesthesia under the supervision of a       3,236        

podiatrist in a podiatrist's office.  When a certified registered  3,237        

nurse anesthetist is supervised by a dentist, the nurse's scope    3,239        

of practice is limited to the anesthesia procedures that the                    

dentist has the authority under Chapter 4715. of the Revised Code  3,241        

to perform.                                                                     

      (C)  A nurse authorized to practice as a certified nurse     3,243        

practitioner, in collaboration with one or more physicians or      3,244        

podiatrists, may provide preventive and primary care services and  3,246        

evaluate and promote patient wellness within the nurse's nursing   3,247        

specialty, consistent with the nurse's education and               3,248        

certification, and in accordance with rules adopted by the board.  3,249        

A certified nurse practitioner who holds a certificate to          3,250        

prescribe issued under section 4723.48 of the Revised Code may,    3,253        

in collaboration with one or more physicians or podiatrists,       3,254        

prescribe drugs and therapeutic devices in accordance with         3,255        

section 4723.481 of the Revised Code.                                           

      When a certified nurse practitioner is collaborating with a  3,258        

podiatrist, the nurse's scope of practice is limited to the        3,259        

procedures that the podiatrist has the authority under section     3,260        

4731.51 of the Revised Code to perform.                            3,261        

      (D)  A nurse authorized to practice as a clinical nurse      3,264        

specialist, in collaboration with one or more physicians or        3,265        

podiatrists, may provide and manage the care of individuals and                 

groups with complex health problems and provide health care        3,266        

services that promote, improve, and manage health care within the  3,268        

nurse's nursing specialty, consistent with the nurse's education   3,269        

and in accordance with rules adopted by the board.  A clinical     3,270        

nurse specialist who holds a certificate to prescribe issued       3,271        

under section 4723.48 of the Revised Code may, in collaboration    3,273        

with one or more physicians or podiatrists, prescribe drugs and    3,274        

therapeutic devices in accordance with section 4731.481 4723.481   3,275        

of the Revised Code.                                               3,276        

      When a clinical nurse specialist is collaborating with a     3,278        

                                                          72     


                                                                 
podiatrist, the nurse's scope of practice is limited to the        3,279        

procedures that the podiatrist has the authority under section     3,280        

4731.51 of the Revised Code to perform.                            3,281        

      Sec. 4723.47.  (A)  If a certified registered nurse          3,290        

anesthetist's, clinical nurse specialist's, certified              3,291        

nurse-midwife's, or certified nurse practitioner's license to      3,292        

practice nursing as a registered nurse expires for failure to      3,293        

renew under section 4723.24 of the Revised Code, the nurse's       3,294        

certificate of authority to practice nursing as a certified        3,295        

registered nurse anesthetist, clinical nurse specialist,           3,296        

certified nurse-midwife, or certified nurse practitioner is        3,298        

lapsed until the license is reinstated.  If the license is         3,300        

revoked under section 4723.28 or 4723.281 of the Revised Code,     3,301        

the nurse's certificate of authority is automatically revoked.     3,302        

If the license is suspended under either section, the nurse's      3,303        

certificate of authority is automatically suspended while the      3,304        

license remains suspended.  IF THE LICENSE IS CLASSIFIED AS        3,305        

INACTIVE UNDER SECTION 4723.24 OF THE REVISED CODE, THE NURSE'S    3,306        

CERTIFICATE OF AUTHORITY IS AUTOMATICALLY CLASSIFIED AS INACTIVE   3,307        

WHILE THE LICENSE REMAINS INACTIVE.                                             

      (B)  If a clinical nurse specialist, certified               3,309        

nurse-midwife, or certified nurse practitioner holds a             3,310        

certificate to prescribe issued under section 4723.48 of the       3,311        

Revised Code and the nurse's certificate of authority to practice  3,312        

as a clinical nurse specialist, certified nurse-midwife, or        3,314        

certified nurse practitioner expires for failure to renew under    3,315        

section 4723.41 of the Revised Code, the nurse's certificate to    3,316        

prescribe is lapsed until the certificate of authority is          3,317        

reinstated.  If the certificate of authority becomes inactive in   3,318        

accordance with section 4723.42 of the Revised Code, the nurse's   3,321        

certificate to prescribe is lapsed until the certificate of        3,323        

authority becomes active.  If the certificate of authority is      3,324        

revoked under section 4723.28 or 4723.281 of the Revised Code,     3,326        

the nurse's certificate to prescribe is automatically revoked.     3,327        

                                                          73     


                                                                 
If the certificate of authority is suspended under either          3,328        

section, the nurse's certificate to prescribe is automatically     3,329        

suspended while the certificate of authority remains suspended.    3,330        

If a restriction is placed on the certificate of authority under   3,331        

section 4723.28 of the Revised Code, the same restriction is       3,332        

placed on the nurse's certificate to prescribe while the           3,333        

certificate of authority remains restricted.                       3,334        

      Sec. 4723.99.  Whoever (A)  EXCEPT AS PROVIDED IN DIVISION   3,343        

(B) OF THIS SECTION, WHOEVER violates section 4723.03 or 4723.44   3,344        

of the Revised Code shall be fined five hundred dollars or         3,346        

imprisoned not more than ninety days or both IS GUILTY OF A        3,348        

FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE AND A FELONY OF THE  3,349        

FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE.                                       

      (B)  A REGISTERED NURSE OR LICENSED PRACTICAL NURSE WHO      3,351        

VIOLATES DIVISION (A) OR (B) OF SECTION 4723.03 OF THE REVISED     3,353        

CODE BY REASON OF A LICENSE TO PRACTICE NURSING THAT HAS LAPSED    3,354        

FOR FAILURE TO RENEW OR IS CLASSIFIED AS INACTIVE IS GUILTY OF A   3,355        

MINOR MISDEMEANOR.                                                 3,356        

      Sec. 4731.27.  (A)  As used in this section,                 3,365        

"collaboration," "physician," "standard care arrangement," and     3,367        

"supervision" have the same meanings as in section 4723.02         3,368        

4723.01 of the Revised Code.                                       3,369        

      (B)  Except as provided in division (C)(1) of section        3,371        

4723.431 of the Revised Code, a physician or podiatrist shall      3,373        

enter into a standard care arrangement with each clinical nurse    3,374        

specialist, certified nurse-midwife, or certified nurse            3,375        

practitioner with whom the physician or podiatrist is in           3,376        

collaboration.  The collaborating physician or podiatrist shall    3,377        

fulfill the responsibilities of collaboration, as specified in     3,378        

the arrangement and in accordance with division (A) of scetion     3,380        

SECTION 4723.431 of the Revised Code.  A copy of the standard      3,381        

care arrangement shall be retained on file at each site where the  3,382        

nurse practices.  Prior approval of the standard care arrangement  3,384        

by the state medical board is not required, but the board may      3,385        

                                                          74     


                                                                 
periodically review it.                                                         

      Nothing in this division prohibits a hospital from hiring a  3,388        

clinical nurse specialist, certified nurse-midwife, or certified   3,390        

nurse practitioner as an employee and negotiating standard care    3,391        

arrangements on behalf of the employee as necessary to meet the    3,392        

requirements of this section.  A standard care arrangement         3,393        

between the hospital's employee and the employee's collaborating                

physician is subject to approval by the medical staff and          3,394        

governing body of the hospital prior to implementation of the      3,395        

arrangement at the hospital.                                                    

      (D)(C)  With respect to a clinical nurse specialist,         3,398        

certified nurse-midwife, or certified nurse practitioner                        

participating in an externship pursuant to an initial certificate  3,400        

to prescribe issued under section 4723.48 of the Revised Code,     3,402        

the physician responsible for evaluating the externship shall      3,403        

provide the state medical board with the name of the nurse.  If                 

the externship is terminated for any reason, the physician shall   3,405        

notify the board.                                                               

      (D)  A physician or podiatrist shall cooperate with the      3,407        

board of nursing in any investigation the board conducts with      3,409        

respect to a clinical nurse specialist, certified nurse-midwife,   3,411        

or certified nurse practitioner who collaborates with the          3,412        

physician or podiatrist or with respect to a certified registered  3,414        

nurse anesthetist who practices with the supervision of the        3,415        

physician or podiatrist.                                                        

      Sec. 4731.281.  (A)  On or before the deadline established   3,424        

under division (B) of this section for applying for renewal of a   3,426        

certificate of registration, each person holding a certificate     3,427        

under this chapter to practice medicine and surgery, osteopathic   3,428        

medicine and surgery, or podiatry shall certify to the state       3,429        

medical board that in the preceding two years the person has       3,430        

completed one hundred hours of continuing medical education.  The  3,431        

certification shall be made upon the application for biennial      3,432        

registration submitted pursuant to division (B) of this section.   3,434        

                                                          75     


                                                                 
The board shall adopt rules providing for pro rata reductions by   3,435        

month of the number of hours of continuing education required for  3,437        

persons who are in their first registration period, who have a                  

registration period of less than two years due to initial          3,438        

implementation of the staggered renewal schedule established       3,439        

under division (B) of this section, who have been disabled due to  3,441        

illness or accident, or who have been absent from the country.     3,442        

      In determining whether a course, program, or activity        3,444        

qualifies for credit as continuing medical education, the board    3,445        

shall approve all continuing medical education taken by persons    3,447        

holding a certificate to practice medicine and surgery that is     3,448        

certified by the Ohio state medical association, all continuing    3,449        

medical education taken by persons holding a certificate to        3,450        

practice osteopathic medicine and surgery that is certified by     3,451        

the Ohio osteopathic association, and all continuing medical       3,452        

education taken by persons holding a certificate to practice       3,453        

podiatry that is certified by the Ohio podiatric medical           3,454        

association.  Each person holding a certificate to practice under  3,456        

this chapter shall be given sufficient choice of continuing        3,457        

education programs to ensure that the person has had a reasonable  3,458        

opportunity to participate in continuing education programs that   3,460        

are relevant to the person's medical practice in terms of subject  3,462        

matter and level.                                                               

      The board may require a random sample of persons holding a   3,465        

certificate to practice under this chapter to submit materials     3,466        

documenting completion of the continuing medical education         3,467        

requirement during the preceding registration period, but this     3,468        

provision shall not limit the board's authority to investigate     3,469        

pursuant to section 4731.22 of the Revised Code.                   3,470        

      (B)(1)  Every person holding a certificate under this        3,472        

chapter to practice medicine and surgery, osteopathic medicine     3,473        

and surgery, or podiatry wishing to renew that certificate shall   3,474        

apply to the board for a certificate of registration upon an       3,476        

application furnished by the board, and pay to the board at the    3,477        

                                                          76     


                                                                 
time of application a fee of three hundred five dollars,           3,478        

according to the following schedule:                               3,479        

      (a)  Persons whose last name begins with the letters "A"     3,481        

through "B," on or before April 1, 2001, and the first day of      3,482        

April of every odd-numbered year thereafter;                       3,483        

      (b)  Persons whose last name begins with the letters "C"     3,485        

through "D," on or before January 1, 2001, and the first day of    3,486        

January of every odd-numbered year thereafter;                     3,487        

      (c)  Persons whose last name begins with the letters "E"     3,490        

through "G," on or before October 1, 2000, and the first day of    3,492        

October of every even-numbered year thereafter;                    3,493        

      (d)  Persons whose last name begins with the letters "H"     3,496        

through "K," on or before July 1, 2000, and the first day of July  3,498        

of every even-numbered year thereafter;                                         

      (e)  Persons whose last name begins with the letters "L"     3,501        

through "M," on or before April 1, 2000, and the first day of      3,503        

April of every even-numbered year thereafter;                                   

      (f)  Persons whose last name begins with the letters "N"     3,506        

through "R," on or before January 1, 2000, and the first day of    3,509        

January of every even-numbered year thereafter;                    3,510        

      (g)  Persons whose last name begins with the letter "S," on  3,513        

or before October 1, 1999, and the first day of October of every   3,514        

odd-numbered year thereafter;                                                   

      (h)  Persons whose last name begins with the letters "T"     3,517        

through "Z," on or before July 1, 1999, and the first day of July  3,518        

of every odd-numbered year thereafter.                             3,519        

      The board shall deposit the fee in accordance with section   3,522        

4731.24 of the Revised Code, except that, until July 30, 2001,     3,524        

the board shall deposit twenty dollars of the fee into the state   3,525        

treasury to the credit of the physician loan repayment fund        3,526        

created by section 3702.78 of the Revised Code.                    3,527        

      (2)  The board shall mail or cause to be mailed to every     3,529        

person registered to practice medicine and surgery, osteopathic    3,530        

medicine and surgery, or podiatry, an application for              3,531        

                                                          77     


                                                                 
registration addressed to the person's last known post-office      3,532        

address or may cause the application to be sent to the person      3,534        

through the secretary of any recognized medical, osteopathic, or   3,535        

podiatric society, according to the following schedule:            3,536        

      (a)  To persons whose last name begins with the letters "A"  3,538        

through "B," on or before January 1, 2001, and the first day of    3,540        

January of every odd-numbered year thereafter;                                  

      (b)  To persons whose last name begins with the letters "C"  3,543        

through "D," on or before October 1, 2000, and the first day of    3,544        

October of every even-numbered year thereafter;                    3,545        

      (c)  To persons whose last name begins with the letters "E"  3,548        

through "G," on or before July 1, 2000, and the first day of July  3,551        

of every even-numbered year thereafter;                            3,552        

      (d)  To persons whose last name begins with the letters "H"  3,555        

through "K," on or before April 1, 2000, and the first day of      3,558        

April of every even-numbered year thereafter;                      3,559        

      (e)  To persons whose last name begins with the letters "L"  3,562        

through "M," on or before January 1, 2000, and the first day of    3,565        

January of every even-numbered year thereafter;                    3,566        

      (f)  To persons whose last name begins with the letters "N"  3,569        

through "R," on or before October 1, 1999, and the first day of    3,572        

October of every odd-numbered year thereafter;                     3,573        

      (g)  To persons whose last name begins with the letter "S,"  3,576        

on or before July 1, 1999, and the first day of July of every      3,578        

odd-numbered year thereafter;                                      3,579        

      (h)  To persons whose last name begins with the letters "T"  3,582        

through "Z," on or before April 1, 1999, and the first day of      3,585        

April of every odd-numbered year thereafter.                       3,586        

      Failure of any person to receive an application from the     3,589        

board shall not excuse the person from the requirements contained  3,590        

in this section.  The application shall contain proper spaces for  3,591        

the applicant's signature and the insertion of the required        3,592        

information, including a statement that the person has fulfilled   3,594        

the continuing education requirements imposed by this section.     3,595        

                                                          78     


                                                                 
      The applicant shall write or cause to be written upon the    3,597        

application so furnished the applicant's full name, principal      3,599        

practice address and residence address, the number of the          3,601        

applicant's certificate to practice, and any other facts for the   3,603        

identification of the applicant as a person holding a certificate  3,604        

to practice under this chapter as the board considers necessary.   3,605        

The applicant shall include with the application a list of the     3,606        

names and addresses of any clinical nurse specialists, certified   3,607        

nurse-midwives, or certified nurse practitioners with whom the     3,608        

applicant is currently collaborating, as defined in section        3,609        

4723.02 4723.01 of the Revised Code.  The applicant shall execute  3,611        

and deliver the application to the board by mail or in person.     3,613        

Every person registered under this section shall give written      3,614        

notice to the board of any change of principal practice address    3,615        

or residence address or in the list within thirty days of the      3,616        

change.                                                                         

      The applicant shall report any criminal offense that         3,618        

constitutes grounds for refusal of registration under section      3,619        

4731.22 of the Revised Code to which the applicant has pleaded     3,620        

guilty, of which the applicant has been found guilty, or for       3,623        

which the applicant has been found eligible for treatment in lieu  3,624        

of conviction, since last signing an application for a             3,626        

certificate of registration.                                                    

      (C)  The board shall issue to any person holding a           3,628        

certificate under this chapter to practice medicine and surgery,   3,629        

osteopathic medicine and surgery, or podiatry, upon application    3,630        

and qualification therefor in accordance with this section, a      3,631        

certificate of registration under the seal of the board.  A        3,632        

certificate of registration shall be valid for a two-year period,  3,633        

commencing on the first day of the third month after the           3,635        

registration fee is due and expiring on the last day of the month  3,637        

two years thereafter.                                              3,638        

      The board shall publish and cause to be mailed to each       3,642        

person registered under this section, upon request, a printed      3,643        

                                                          79     


                                                                 
list of the persons so registered.                                              

      (D)  Failure of any certificate holder to register and       3,645        

comply with this section shall operate automatically to suspend    3,646        

the holder's certificate to practice.  Continued practice after    3,649        

the suspension of the certificate to practice shall be considered  3,650        

as practicing in violation of section 4731.41, 4731.43, or         3,652        

4731.60 of the Revised Code.  Subject to section 4731.222 of the   3,653        

Revised Code, the board shall reinstate a certificate to practice  3,654        

for failure to register upon an applicant's submission of the      3,655        

biennial registration fee, the applicable monetary penalty, and    3,657        

certification by signature of the applicant that the applicant     3,658        

has completed the requisite continuing medical education.  The     3,659        

penalty for reinstatement shall be fifty dollars if the            3,661        

certificate has been suspended for two years or less and one       3,662        

hundred dollars if the certificate has been suspended for more                  

than two years.  The board shall deposit the penalties in          3,663        

accordance with section 4731.24 of the Revised Code.               3,665        

      (E)  If an individual certifies completion of the number of  3,667        

hours and type of continuing medical education required to         3,669        

receive a certificate of registration or reinstatement of a        3,670        

certificate to practice, and the board finds through the random    3,671        

samples it conducts under this section or through any other means  3,672        

that the individual did not complete the requisite continuing      3,673        

medical education, the board may impose a civil penalty of not     3,674        

more than five thousand dollars.  The board's finding shall be     3,675        

made pursuant to an adjudication under Chapter 119. of the         3,676        

Revised Code and by an affirmative vote of not fewer than six      3,678        

members.                                                                        

      A civil penalty imposed under this division may be in        3,680        

addition to or in lieu of any other action the board may take      3,681        

under section 4731.22 of the Revised Code.  The board shall        3,683        

deposit civil penalties in accordance with section 4731.24 of the  3,684        

Revised Code.                                                                   

      (F)  The state medical board may obtain information not      3,686        

                                                          80     


                                                                 
protected by statutory or common law privilege from courts and     3,687        

other sources concerning malpractice claims against any person     3,688        

holding a certificate to practice under this chapter or            3,689        

practicing as provided in section 4731.36 of the Revised Code.     3,690        

      Sec. 4743.05.  Except as otherwise provided in sections      3,699        

4701.20, 4723.061, and 4729.65 of the Revised Code, all money      3,700        

collected under Chapters 3773., 4701., 4703., 4709., 4713.,        3,701        

4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,     3,702        

4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code   3,703        

shall be paid into the state treasury to the credit of the         3,704        

occupational licensing and regulatory fund, which is hereby        3,705        

created for use in administering such chapters.  Money deposited   3,706        

to the credit of the fund under section 4731.24 of the Revised     3,707        

Code shall be used until July 1, 1998, for administering Chapters  3,708        

4730. and 4731. of the Revised Code.                               3,709        

      At the end of each quarter, the director of budget and       3,711        

management shall transfer from the occupational licensing and      3,713        

regulatory fund to the nurse education assistance fund created in  3,714        

section 3333.28 of the Revised Code the amount certified to the    3,715        

director under division (B) of section 4723.08 of the Revised      3,716        

Code.                                                                           

      At the end of the first quarter of 1995 and at the end of    3,718        

each quarter thereafter, the director shall transfer from the      3,719        

occupational licensing and regulatory fund to the certified        3,720        

public accountant education assistance fund created in section     3,721        

4701.26 of the Revised Code the amount certified to the director   3,723        

under division (D)(2) of section 4701.10 of the Revised Code.                   

      Sec. 4751.05.  (A)  The board of examiners of nursing home   3,732        

administrators shall admit to examination for licensure as a       3,733        

nursing home administrator any candidate who:                      3,734        

      (1)  Pays the application fee of fifty dollars;              3,736        

      (2)  Submits evidence of good moral character and            3,738        

suitability;                                                       3,739        

      (3)  Is at least eighteen years of age;                      3,741        

                                                          81     


                                                                 
      (4)  Has completed educational requirements and work         3,743        

experience satisfactory to the board;                              3,744        

      (5)  Submits an application on forms prescribed by the       3,746        

board;                                                             3,747        

      (6)  Pays the examination fee of one hundred fifty dollars.  3,749        

      (B)  Nothing in Chapter 4751. of the Revised Code or the     3,751        

rules adopted thereunder shall be construed to require an          3,752        

applicant for licensure or a temporary license, who is employed    3,753        

by an institution for the care and treatment of the sick to        3,755        

demonstrate proficiency in any medical techniques or to meet any   3,756        

medical educational qualifications or medical standards not in     3,757        

accord with the remedial care and treatment provided by the        3,758        

institution if the institution is all of the following:            3,759        

      (1)  Operated exclusively for patients who use spiritual     3,761        

means for healing and for whom the acceptance of medical care is   3,762        

inconsistent with their religious beliefs;                         3,763        

      (2)  Accredited by a national accrediting organization;      3,765        

      (3)  Exempt from federal income taxation under section 501   3,767        

of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A.  3,769        

1, as amended;                                                     3,770        

      (4)  Providing twenty-four hour nursing care pursuant to     3,772        

the exemption in division (G)(E) of section 4723.32 of the         3,773        

Revised Code from the licensing requirements of Chapter 4723. of   3,775        

the Revised Code.                                                               

      (C)  If a person fails three times to attain a passing       3,777        

grade on the examination, said person, before the person may       3,778        

again be admitted to examination, shall meet such additional       3,779        

education or experience requirements, or both, as may be           3,780        

prescribed by the board.                                           3,781        

      Sec. 5111.04.  (A)  As used in this section:                 3,790        

      (1)  "Outpatient health facility" means a facility that      3,792        

provides comprehensive primary health services by or under the     3,793        

direction of a physician at least five days per week on a          3,794        

forty-hour per week basis to outpatients, is operated by the       3,795        

                                                          82     


                                                                 
board of health of a city or general health district or another    3,796        

public agency or by a nonprofit private agency or organization     3,797        

under the direction and control of a governing board that has no   3,798        

health-related responsibilities other than the direction and       3,799        

control of one or more such outpatient health facilities, and      3,800        

receives at least seventy-five per cent of its operating funds     3,801        

from public sources, except that it does not include an            3,802        

outpatient hospital facility or a federally qualified health       3,803        

center as defined in Sec. 1905(l) (2)(B) of the "Social Security   3,804        

Act," 103 Stat. 2264 (1989), 42 U.S.C.A. 1396d(l)(2)(B).           3,805        

      (2)  "Comprehensive primary health services" means           3,807        

preventive, diagnostic, therapeutic, rehabilitative, or            3,808        

palliative items or services that include all of the following:    3,809        

      (a)  Services of physicians, physician assistants, and       3,811        

certified nurse practitioners;                                     3,812        

      (b)  Diagnostic laboratory and radiological services;        3,814        

      (c)  Preventive health services, such as children's eye and  3,816        

ear examinations, perinatal services, well child services, and     3,817        

family planning services;                                          3,818        

      (d)  Arrangements for emergency medical services;            3,820        

      (e)  Transportation services.                                3,822        

      (3)  "Certified nurse practitioner" has the same meaning as  3,824        

in section 4723.02 4723.01 of the Revised Code.                    3,825        

      (B)  Outpatient health facilities are a separate category    3,827        

of medical care provider under the rules governing the             3,828        

administration of the medical assistance program established       3,829        

under section 5111.01 of the Revised Code.  Rates of               3,830        

reimbursement for items and services provided by an outpatient     3,831        

health facility under this section shall be prospectively          3,832        

determined by the department of job and family services not less   3,833        

often than once each year, shall not be subject to retroactive     3,834        

adjustment based on actual costs incurred, and shall not exceed    3,835        

the maximum fee schedule or rates of payment, limitations based    3,836        

on reasonable costs or customary charges, and limitations based    3,837        

                                                          83     


                                                                 
on combined payments received for furnishing comparable services,  3,838        

as are applicable to outpatient hospital facilities under Title    3,839        

XVIII of the "Social Security Act."   In determining rates of      3,840        

reimbursement prospectively, the department shall take into        3,841        

account the historic expenses of the facility, the operating       3,842        

requirements and services offered by the facility, and the         3,843        

geographical location of the facility, shall provide incentives    3,844        

for the efficient and economical utilization of the facility's     3,845        

resources, and shall ensure that the facility does not             3,846        

discriminate between classes of persons for whom or by whom        3,847        

payment for items and services is made.                            3,848        

      (C)  A facility does not qualify for classification as an    3,850        

outpatient health facility under this section unless it:           3,851        

      (1)  Has health and medical care policies developed with     3,853        

the advice of and subject to review by an advisory committee of    3,854        

professional personnel, including one or more physicians, one or   3,855        

more dentists if dental care is provided, and one or more          3,856        

registered nurses;                                                 3,857        

      (2)  Has a medical director, a dental director, if dental    3,859        

care is provided, and a nursing director responsible for the       3,860        

execution of such policies, and has physicians, dentists,          3,861        

nursing, and ancillary staff appropriate to the scope of services  3,862        

provided;                                                          3,863        

      (3)  Requires that the care of every patient be under the    3,865        

supervision of a physician, provides for medical care in case of   3,866        

emergency, has in effect a written agreement with one or more      3,867        

hospitals and one or more other outpatient facilities, and has an  3,868        

established system for the referral of patients to other           3,869        

resources and a utilization review plan and program;               3,870        

      (4)  Maintains clinical records on all patients;             3,872        

      (5)  Provides nursing services and other therapeutic         3,874        

services in compliance with applicable laws and rules and under    3,875        

the supervision of a registered nurse, and has a registered nurse  3,877        

on duty at all times when the facility is in operation;            3,878        

                                                          84     


                                                                 
      (6)  Follows approved methods and procedures for the         3,880        

dispensing and administration of drugs and biologicals;            3,881        

      (7)  Maintains the accounting and record-keeping system      3,883        

required under federal laws and regulations for the determination  3,884        

of reasonable and allowable costs.                                 3,885        

      Section 2.  That existing sections 121.22, 3313.68,          3,887        

3701.85, 3702.51, 3719.13, 3721.34, 3727.01, 4723.02, 4723.04,     3,888        

4723.051, 4723.06, 4723.061, 4723.07, 4723.08, 4723.09, 4723.15,   3,891        

4723.24, 4723.28, 4723.281, 4723.31, 4723.32, 4723.34, 4723.341,   3,893        

4723.35, 4723.39, 4723.42, 4723.43, 4723.47, 4723.99, 4731.27,     3,894        

4731.281, 4743.05, 4751.05, and 5111.04 and section 4723.342 of    3,895        

the Revised Code are hereby repealed.                              3,896        

      Section 3.  The amendment made by this act to section        3,898        

4723.02 of the Revised Code providing for a four-year term of      3,899        

office for members of the Board of Nursing does not affect the     3,901        

terms of the members holding office on the effective date of this  3,903        

act.                                                                            

      Section 4.  The authority this act grants to the Board of    3,905        

Nursing to take disciplinary action under section 4723.28 of the   3,906        

Revised Code against a person who has been found eligible for      3,907        

intervention in lieu of conviction extends to a person who, prior  3,908        

to the effective date of Am. Sub. S.B. 107 of the 123rd General    3,909        

Assembly, was found eligible for treatment in lieu of conviction.  3,910