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
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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
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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
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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
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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
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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
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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
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(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
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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.
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(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
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(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
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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
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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
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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
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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