As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 511 6
1999-2000 7
REPRESENTATIVES SCHURING-VAN VYVEN-VESPER-GRENDELL- 9
ASLANIDES-MOTTLEY-TIBERI-GOODMAN-OGG-HOLLISTER-TERWILLEGER- 10
WIDENER-STEVENS-PATTON-SYKES-KRUPINSKI-MYERS-OLMAN-AUSTRIA- 11
BRITTON-BARRETT-BENDER-SALERNO 12
_________________________________________________________________ 13
A B I L L
To amend sections 2305.24, 2305.25, 2305.251, 15
3313.68, 3701.07, 3701.85, 3702.51, 3719.13, 16
3721.031, 3721.34, 3727.01, 4723.02, 4723.03, 18
4723.04, 4723.051, 4723.06, 4723.061, 4723.07,
4723.08, 4723.09, 4723.15, 4723.171, 4723.24, 21
4723.25, 4723.28, 4723.281, 4723.282, 4723.31,
4723.32, 4723.34, 4723.341, 4723.35, 4723.40, 23
4723.42, 4723.43, 4723.47, 4723.48, 4723.62,
4723.74, 4723.76, 4723.79, 4723.99, 4731.27, 25
4731.281, 4743.05, 4751.05, 5111.04, and 5126.35; 26
to amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections 28
4723.02 (4723.01), 4723.04 (4723.02), 4723.051 29
(4723.10), 4723.31 (4723.082), and 4723.39 30
(4723.081); to enact sections 3701.91, 4113.512, 31
4723.021, and 4723.33; to re-enact section 32
4723.17, as amended by Am. Sub. H.B. 241 and Am. 33
Sub. S.B. 178 of the 123rd General Assembly; and 34
to repeal section 4723.342 of the Revised Code to 37
revise the laws regarding the practice of nursing
and the licensing and enforcement duties of the 38
Board of Nursing, to establish the 39
confidentiality of records held by peer review
and utilization review committees of long-term 40
2
care facilities and immunities from civil 41
liability related to those committees, and to 42
amend the version of 4723.99 of the Revised Code 43
that is scheduled to take effect June 27, 2001, 44
to continue the provisions of this act on and
after that effective date. 45
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 47
Section 1. That sections 2305.24, 2305.25, 2305.251, 49
3313.68, 3701.07, 3701.85, 3702.51, 3719.13, 3721.031, 3721.34, 51
3727.01, 4723.02, 4723.03, 4723.04, 4723.051, 4723.06, 4723.061, 52
4723.07, 4723.08, 4723.09, 4723.15, 4723.171, 4723.24, 4723.25, 53
4723.28, 4723.281, 4723.282, 4723.31, 4723.32, 4723.34, 4723.341, 55
4723.35, 4723.40, 4723.42, 4723.43, 4723.47, 4723.48, 4723.62, 56
4723.74, 4723.76, 4723.79, 4723.99, 4731.27, 4731.281, 4743.05, 57
4751.05, 5111.04, and 5126.35 be amended; sections 4723.02 58
(4723.01), 4723.04 (4723.02), 4723.051 (4723.10), 4723.31 59
(4723.082), and 4723.39 (4723.081) be amended for the purpose of 61
adopting new section numbers as indicated in parentheses; and 62
sections 3701.91, 4113.512, 4723.021, and 4723.33 of the Revised 63
Code be enacted to read as follows:
Sec. 2305.24. Any information, data, reports, or records 72
made available to a quality assurance committee or utilization 73
committee of a hospital or LONG-TERM CARE FACILITY OR of any 74
not-for-profit health care corporation that is a member of the 76
hospital or LONG-TERM CARE FACILITY OR of which the hospital OR 77
LONG-TERM CARE FACILITY is a member shall be confidential and 78
shall be used by the committee and the committee members only in 79
the exercise of the proper functions of the committee. Any 80
information, data, reports, or records made available to a 81
utilization committee of a state or local medical society 82
composed of doctors of medicine or doctors of osteopathic 83
medicine and surgery shall be confidential and shall be used by 84
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the committee and the committee members only in the exercise of 85
the proper functions of the committee. A right of action similar 86
to that a patient may have against an attending physician for 87
misuse of information, data, reports, or records arising out of 88
the physician-patient relationship shall accrue against a member 89
of a quality assurance committee or utilization committee for 90
misuse of any information, data, reports, or records furnished to 91
the committee by an attending physician. No physician, surgeon, 92
institution, or hospital, OR LONG-TERM CARE FACILITY furnishing 93
information, data, reports, or records to a committee with 95
respect to any patient examined or treated by the physician or 96
surgeon or confined in the institution or, hospital, OR LONG-TERM 98
CARE FACILITY shall, by reason of the furnishing, be deemed 99
liable in damages to any person, or be held to answer for 100
betrayal of a professional confidence within the meaning and 101
intent of section 4731.22 of the Revised Code. Information, 102
data, or reports furnished to a utilization committee of a state 103
or local medical society shall contain no name of any person 104
involved therein.
As used in this section, "utilization committee" is the 106
committee established to administer a utilization review plan of 107
a hospital, of a not-for-profit health care corporation which is 108
a member of the hospital or of which the hospital is a member, or 109
of an extended care A SKILLED NURSING facility as provided in the 111
"Health Insurance for the Aged Act," 79 Stat. 313 (1965), 42 112
U.S.C. 1395x(k).
Sec. 2305.25. (A) No health care entity and no individual 122
who is a member of or works on behalf of any of the following
boards or committees of a health care entity or of any of the 123
following corporations shall be liable in damages to any person 124
for any acts, omissions, decisions, or other conduct within the 125
scope of the functions of the board, committee, or corporation: 126
(1) A peer review committee of a hospital OR LONG-TERM 128
CARE FACILITY, a nonprofit health care corporation which is a 130
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member of the hospital or LONG-TERM CARE FACILITY OR of which the 132
hospital OR FACILITY is a member, or a community mental health 133
center; 134
(2) A board or committee of a hospital or LONG-TERM CARE 136
FACILITY OR of a nonprofit health care corporation which is a 137
member of the hospital or LONG-TERM CARE FACILITY OR of which the 138
hospital OR LONG-TERM CARE FACILITY is a member reviewing 140
professional qualifications or activities of the hospital medical 141
staff OF THE HOSPITAL OR LONG-TERM CARE FACILITY or applicants 143
for admission to the medical staff;
(3) A utilization committee of a state or local society 145
composed of doctors of medicine, doctors of osteopathic medicine, 147
or doctors of podiatric medicine;
(4) A peer review committee of nursing home providers or 149
administrators, including a corporation engaged in performing the 151
functions of a peer review committee of nursing home providers or 152
administrators, or a corporation engaged in the functions of
another type of peer review or professional standards review 153
committee; 154
(5) A peer review committee, professional standards review 156
committee, or arbitration committee of a state or local society 157
composed of doctors of medicine, doctors of osteopathic medicine, 158
doctors of dentistry, doctors of optometry, doctors of podiatric 160
medicine, psychologists, or pharmacists;
(6)(5) A peer review committee of a health insuring 162
corporation that has at least a two-thirds majority of member 164
physicians in active practice and that conducts professional 165
credentialing and quality review activities involving the 166
competence or professional conduct of health care providers, 167
which conduct adversely affects, or could adversely affect, the 168
health or welfare of any patient. For purposes of this division, 169
"health insuring corporation" includes wholly owned subsidiaries 172
of a health insuring corporation. 173
(7)(6) A peer review committee of any insurer authorized 175
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under Title XXXIX of the Revised Code to do the business of 176
sickness and accident insurance in this state that has at least a 177
two-thirds majority of physicians in active practice and that 178
conducts professional credentialing and quality review activities 179
involving the competence or professional conduct of health care 180
providers, which conduct adversely affects, or could adversely 181
affect, the health or welfare of any patient; 182
(8)(7) A peer review committee of any insurer authorized 184
under Title XXXIX of the Revised Code to do the business of 185
sickness and accident insurance in this state that has at least a 186
two-thirds majority of physicians in active practice and that 187
conducts professional credentialing and quality review activities 188
involving the competence or professional conduct of a health care 189
facility that has contracted with the insurer to provide health 190
care services to insureds, which conduct adversely affects, or 191
could adversely affect, the health or welfare of any patient; 192
(9)(8) A peer review committee of an insurer authorized 194
under Title XXXIX of the Revised Code to do the business of 195
medical professional liability insurance in this state and that 196
conducts professional quality review activities involving the 198
competence or professional conduct of health care providers, 199
which conduct adversely affects, or could affect, the health or
welfare of any patient; 200
(10)(9) A peer review committee of a health care entity. 202
(B)(1) A hospital shall be presumed to not be negligent in 204
the credentialing of a qualified person if the hospital proves by 205
a preponderance of the evidence that at the time of the alleged 206
negligent credentialing of the qualified person it was accredited 207
by the joint commission on accreditation of health care 208
organizations, the American osteopathic association, or the
national committee for quality assurance. 209
(2) The presumption that a hospital is not negligent as 211
provided in division (B)(1) of this section may be rebutted only 212
by proof, by a preponderance of the evidence, of any of the 213
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following:
(a) The credentialing and review requirements of the 215
accrediting organization did not apply to the hospital, the 216
qualified person, or the type of professional care that is the 217
basis of the claim against the hospital.
(b) The hospital failed to comply with all material 219
credentialing and review requirements of the accrediting 220
organization that applied to the qualified person. 221
(c) The hospital, through its medical staff executive 223
committee or its governing body and sufficiently in advance to 224
take appropriate action, knew that a previously competent 225
qualified person with staff privileges at the hospital had 226
developed a pattern of incompetence that indicated that the 227
qualified person's privileges should have been limited prior to 228
treating the plaintiff at the hospital. 229
(d) The hospital, through its medical staff executive 231
committee or its governing body and sufficiently in advance to 232
take appropriate action, knew that a previously competent 233
qualified person with staff privileges at the hospital would 234
provide fraudulent medical treatment but failed to limit the 235
qualified person's privileges prior to treating the plaintiff at 236
the hospital. 237
(3) If the plaintiff fails to rebut the presumption 239
provided in division (B)(1) of this section, upon the motion of 240
the hospital, the court shall enter judgment in favor of the 241
hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any 243
individual or health care entity from liability arising from 244
treatment of a patient OR RESIDENT. Nothing in this section 245
shall be construed as creating an exception to section 2305.251 247
of the Revised Code.
(D) No person who provides information under this section 249
without malice and in the reasonable belief that the information 251
is warranted by the facts known to the person shall be subject to 252
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suit for civil damages as a result of providing the information. 253
(E) As used in this section: 255
(1) "Peer review committee" means a utilization review 257
committee, quality assurance committee, quality improvement 258
committee, tissue committee, credentialing committee, or other 259
committee that conducts professional credentialing and quality 260
review activities involving the competence or professional 261
conduct of health care practitioners.
(2) "Health care entity" means a government entity, a 263
for-profit or nonprofit corporation, a limited liability company, 264
a partnership, a professional corporation, a state or local 265
society as described in division (A)(3) of this section, or other 266
health care organization, including, but not limited to, health 267
care entities described in division (A) of this section, whether 268
acting on its own behalf or on behalf of or in affiliation with 269
other health care entities, that conducts, as part of its
purpose, professional credentialing or quality review activities 270
involving the competence or professional conduct of health care 271
practitioners or providers. 272
(3) "Hospital" means either of the following: 274
(a) An institution that has been registered or licensed by 276
the Ohio department of health as a hospital; 277
(b) An entity, other than an insurance company authorized 279
to do business in this state, that owns, controls, or is 280
affiliated with an institution that has been registered or 282
licensed by the Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff 284
of a hospital or a person who has professional privileges at a 285
hospital pursuant to section 3701.351 of the Revised Code. 286
(F) This section shall be considered to be purely remedial 289
in its operation and shall be applied in a remedial manner in any 290
civil action in which this section is relevant, whether the civil 291
action is pending in court or commenced on or after the effective 292
date of this section, regardless of when the cause of action 293
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accrued and notwithstanding any other section of the Revised Code 295
or prior rule of law of this state.
Sec. 2305.251. Proceedings and records within the scope of 304
the peer review or utilization review functions of all review 305
boards, committees, or corporations described in section 2305.25 307
of the Revised Code shall be held in confidence and shall not be 308
subject to discovery or introduction in evidence in any civil 309
action against a health care professional, a hospital, a 310
LONG-TERM CARE FACILITY, A not-for-profit health care corporation 312
that is a member of a hospital or LONG-TERM CARE FACILITY OR of 313
which a hospital OR LONG-TERM CARE FACILITY is a member, or 314
another health care entity arising out of matters that are the 317
subject of evaluation and review by the review board, committee, 318
or corporation. No person in attendance at a meeting of a review 319
board, committee, or corporation or serving as a member or 320
employee of a review board, committee, or corporation shall be 321
permitted or required to testify in any civil action as to any 322
evidence or other matters produced or presented during the 323
proceedings of the review board, committee, or corporation or as 324
to any finding, recommendation, evaluation, opinion, or other 325
action of the review board, committee, or corporation or a member 326
or employee of it. Information, documents, or records otherwise 328
available from original sources are not to be construed as being 329
unavailable for discovery or for use in any civil action merely 330
because they were presented during proceedings of a review board, 331
committee, or corporation, nor should any person testifying 332
before a review board, committee, or corporation or who is a 333
member or employee of the review board, committee, or corporation
be prevented from testifying as to matters within the person's 335
knowledge, but the witness cannot be asked about the witness's 336
testimony before the review board, committee, or corporation or 337
an opinion formed by the witness as a result of the review board, 338
committee, or corporation hearing. An order by a court to
produce for discovery or for use at trial the proceedings or 340
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records described in this section is a final order.
Sec. 3313.68. The board of education of each city, 349
exempted village, or local school district may appoint one or 350
more school physicians and one or more school dentists. Two or 351
more school districts may unite and employ one such physician and 352
at least one such dentist whose duties shall be such as are 353
prescribed by law. Said school physician shall hold a license to 354
practice medicine in Ohio, and each school dentist shall be 355
licensed to practice in this state. School physicians and 356
dentists may be discharged at any time by the board of education. 357
School physicians and dentists shall serve one year and until 358
their successors are appointed and shall receive such 359
compensation as the board of education determines. The board of 360
education may also employ registered nurses, as defined by 361
section 4723.02 4723.01 and licensed as school nurses under 363
section 3319.22 of the Revised Code, to aid in such inspection in 364
such ways as are prescribed by it, and to aid in the conduct and
coordination of the school health service program. The school 365
dentists shall make such examinations and diagnoses and render 366
such remedial or corrective treatment for the school children as 367
is prescribed by the board of education; provided that all such 368
remedial or corrective treatment shall be limited to the children 369
whose parents cannot otherwise provide for same, and then only 370
with the written consent of the parents or guardians of such 371
children. School dentists may also conduct such oral hygiene 372
educational work as is authorized by the board of education. 373
The board of education may delegate the duties and powers 375
provided for in this section to the board of health or officer 376
performing the functions of a board of health within the school 377
district, if such board or officer is willing to assume the same. 378
Boards of education shall co-operate with boards of health in the 379
prevention and control of epidemics. 380
Sec. 3701.07. (A) The public health council shall adopt 389
rules in accordance with Chapter 119. of the Revised Code 390
10
defining and classifying hospitals and dispensaries and providing 391
for the reporting of classification information by hospitals and 392
dispensaries. The rules may require each hospital to report 393
information in the following categories, shall limit the 394
information to information necessary to classify hospitals and 395
dispensaries as general or specialty facilities, and PROVIDING 396
FOR THE REPORTING OF INFORMATION shall not include REQUIRE 398
INCLUSION OF any confidential patient data or any information 399
concerning the financial condition, income, expenses, or net 400
worth of the facilities other than that financial information 401
already contained in those portions of the medicare or medicaid 402
cost report that is necessary for the department of health to 403
certify the per diem cost under section 3701.62 of the Revised 404
Code. THE RULES MAY REQUIRE THE REPORTING OF INFORMATION IN THE 405
FOLLOWING CATEGORIES: 406
(1) Information needed to identify and classify the 408
institution; 409
(2) Information on facilities and type and volume of 411
services provided by the institution; 412
(3) The number of beds listed by category of care 414
provided; 415
(4) The number of licensed or certified professional 417
employees by classification; 418
(5) The number of births that occurred at the institution 420
the previous calendar year; 421
(6) ANY OTHER INFORMATION THAT THE COUNCIL CONSIDERS 423
RELEVANT TO THE SAFETY OF PATIENTS SERVED BY THE INSTITUTION. 424
Every hospital and dispensary, public or private, annually 426
shall register with and report to the department of health on 427
forms. REPORTS SHALL BE SUBMITTED IN THE MANNER prescribed in 429
rules adopted under this division.
(B) Every governmental entity or private nonprofit 431
corporation or association whose employees or representatives are 432
defined as residents' rights advocates under divisions (E)(1) and 433
11
(2) of section 3721.10 or division (A)(10) of section 3722.01 of 434
the Revised Code shall register with the department of health on 435
forms furnished by the director of health and shall provide such 436
reasonable identifying information as the director may prescribe. 437
The department shall compile a list of the governmental 439
entities, corporations, or associations registering under this 440
division and shall update the list annually. Copies of the list 441
shall be made available to nursing home administrators as defined 442
in division (C) of section 3721.10 of the Revised Code and to 443
adult care facility managers as defined in section 3722.01 of the 444
Revised Code. 445
(C) Every governmental entity or private nonprofit 447
corporation or association whose employees or representatives act 448
as residents' rights advocates for community alternative homes 449
pursuant to section 3724.08 of the Revised Code shall register 450
with the department of health on forms furnished by the director 451
of health and shall provide such reasonable identifying 452
information as the director may prescribe. 453
The department shall compile a list of the governmental 455
entities, corporations, and associations registering under this 456
division and shall update the list annually. Copies of the list 457
shall be made available to operators or residence managers of 458
community alternative homes as defined in section 3724.01 of the 459
Revised Code. 460
Sec. 3701.85. (A) As used in this section: 469
(1) "Automated external defibrillation" has the same 471
meaning as in section 2305.235 of the Revised Code. 472
(2) "Emergency medical services organization" has the same 474
meaning as in section 4765.01 of the Revised Code. 475
(3) "Emergency medical service provider" means a person 477
who is an "emergency medical technician-basic," "emergency 478
medical technician-intermediate," "emergency medical 479
technician-paramedic," or "first responder" as defined in section 481
4765.01 of the Revised Code. 482
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(4) "Physician" has the same meaning as in section 4765.01 485
of the Revised Code.
(5) "Registered nurse" and "licensed practical nurse" have 488
the same meanings as in section 4723.02 4723.01 of the Revised 489
Code.
(B) A person who possesses an automated external 491
defibrillator shall do all of the following: 492
(1) Require expected users to complete successfully a 494
course in automated external defibrillation and cardiopulmonary 495
resuscitation that is offered or approved by the American heart 496
association or another nationally recognized organization; 497
(2) Maintain and test the defibrillator according to the 499
manufacturer's guidelines; 500
(3) Consult with a physician regarding compliance with the 502
requirements of divisions (B)(1) and (2) of this section. 503
(C) A person who possesses an automated external 505
defibrillator may notify an emergency medical services 506
organization of the location of the defibrillator. 507
(D) A person who has obtained appropriate training on how 510
to perform automated external defibrillation and has successfully 511
completed a course in cardiopulmonary resuscitation may perform 512
automated external defibrillation, regardless of whether the 513
person is a physician, registered nurse, licensed practical 514
nurse, or emergency medical service provider. When automated 515
external defibrillation is not performed as part of an emergency 516
medical services system or at a hospital as defined in section 517
3727.01 of the Revised Code, an emergency medical services system 518
shall be activated as soon as possible. 519
Sec. 3701.91. THE DEPARTMENT OF HEALTH SHALL MAKE 521
AVAILABLE TO THE PUBLIC A TOLL-FREE PATIENT SAFETY TELEPHONE 523
LINE. THE DEPARTMENT MAY MAKE THE TOLL-FREE PATIENT SAFETY 524
TELEPHONE LINE AVAILABLE BY MAINTAINING A TOLL-FREE TELEPHONE 525
LINE SPECIFICALLY FOR ACCEPTING CALLS REGARDING PATIENT SAFETY OR 526
BY USING A TOLL-FREE TELEPHONE LINE THAT THE DEPARTMENT MAINTAINS 527
13
FOR ACCEPTING CALLS REGARDING OTHER MATTERS. 529
THE DEPARTMENT SHALL ACCEPT CALLS PLACED THROUGH THE 531
TOLL-FREE PATIENT SAFETY TELEPHONE LINE BY ANY PERSON SEEKING TO 532
REPORT AN ACTION OR FAILURE TO ACT IN THE PROVISION OF HEALTH 533
CARE THAT THE PERSON IN GOOD FAITH BELIEVES HAS RESULTED IN OR IS 534
LIKELY TO RESULT IN HARM TO A PATIENT. THIS SECTION SHALL NOT BE 537
USED BY THE DEPARTMENT TO ACCEPT CALLS PERTAINING TO A HOME, AS 538
DEFINED IN SECTION 3721.10 OF THE REVISED CODE. 539
A PERSON WHO MAKES A REPORT UNDER THIS SECTION IS NOT 541
REQUIRED TO PROVIDE ANY INFORMATION TO THE DEPARTMENT THAT COULD 542
REVEAL THE PERSON'S IDENTITY. INFORMATION PROVIDED BY A PERSON 543
UNDER THIS SECTION IS NOT A PUBLIC RECORD AS DEFINED IN SECTION 544
149.43 OF THE REVISED CODE.
Sec. 3702.51. As used in sections 3702.51 to 3702.62 of 553
the Revised Code: 554
(A) "Applicant" means any person that submits an 556
application for a certificate of need and who is designated in 557
the application as the applicant. 558
(B) "Person" means any individual, corporation, business 560
trust, estate, firm, partnership, association, joint stock 561
company, insurance company, government unit, or other entity. 562
(C) "Certificate of need" means a written approval granted 564
by the director of health to an applicant to authorize conducting 565
a reviewable activity. 566
(D) "Health service area" means a geographic region 568
designated by the director of health under section 3702.58 of the 569
Revised Code. 570
(E) "Health service" means a clinically related service, 572
such as a diagnostic, treatment, rehabilitative, or preventive 573
service. 574
(F) "Health service agency" means an agency designated to 576
serve a health service area in accordance with section 3702.58 of 577
the Revised Code. 578
(G) "Health care facility" means: 580
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(1) A hospital registered under section 3701.07 of the 582
Revised Code; 583
(2) A nursing home licensed under section 3721.02 of the 585
Revised Code, or by a political subdivision certified under 586
section 3721.09 of the Revised Code; 587
(3) A county home or a county nursing home as defined in 589
section 5155.31 of the Revised Code that is certified under Title 590
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 591
42 U.S.C.A. 301, as amended; 592
(4) A freestanding dialysis center; 594
(5) A freestanding inpatient rehabilitation facility; 596
(6) An ambulatory surgical facility; 598
(7) A freestanding cardiac catheterization facility; 600
(8) A freestanding birthing center; 602
(9) A freestanding or mobile diagnostic imaging center; 604
(10) A freestanding radiation therapy center. 606
A health care facility does not include the offices of 608
private physicians and dentists whether for individual or group 609
practice, residential facilities licensed under section 5123.19 611
of the Revised Code, or habilitation centers certified by the 612
director of mental retardation and developmental disabilities
under section 5123.041 of the Revised Code, or an institution for 613
the sick that is operated exclusively for patients who use 614
spiritual means for healing and for whom the acceptance of 615
medical care is inconsistent with their religious beliefs, 616
accredited by a national accrediting organization, exempt from 617
federal income taxation under section 501 of the Internal Revenue 618
Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and 619
providing twenty-four hour nursing care pursuant to the exemption
in division (G)(E) of section 4723.32 of the Revised Code from 620
the licensing requirements of Chapter 4723. of the Revised Code. 621
(H) "Medical equipment" means a single unit of medical 623
equipment or a single system of components with related functions 624
that is used to provide health services. 625
15
(I) "Third-party payer" means a health insuring 627
corporation licensed under Chapter 1751. of the Revised Code, a 630
health maintenance organization as defined in division (K) of 631
this section, an insurance company that issues sickness and 632
accident insurance in conformity with Chapter 3923. of the 633
Revised Code, a state-financed health insurance program under 634
Chapter 3701., 4123., or 5111. of the Revised Code, or any 635
self-insurance plan.
(J) "Government unit" means the state and any county, 637
municipal corporation, township, or other political subdivision 638
of the state, or any department, division, board, or other agency 639
of the state or a political subdivision. 640
(K) "Health maintenance organization" means a public or 642
private organization organized under the law of any state that is 643
qualified under section 1310(d) of Title XIII of the "Public 644
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. 646
(L) "Existing health care facility" means a health care 648
facility that is licensed or otherwise approved to practice in 649
this state, in accordance with applicable law, is staffed and 650
equipped to provide health care services, and actively provides 651
health services or has not been actively providing health 652
services for less than twelve consecutive months. 653
(M) "State" means the state of Ohio, including, but not 655
limited to, the general assembly, the supreme court, the offices 656
of all elected state officers, and all departments, boards, 657
offices, commissions, agencies, institutions, and other 658
instrumentalities of the state of Ohio. "State" does not include 659
political subdivisions. 660
(N) "Political subdivision" means a municipal corporation, 662
township, county, school district, and all other bodies corporate 663
and politic responsible for governmental activities only in 664
geographic areas smaller than that of the state to which the 665
sovereign immunity of the state attaches. 666
(O) "Affected person" means: 668
16
(1) An applicant for a certificate of need, including an 670
applicant whose application was reviewed comparatively with the 671
application in question; 672
(2) The person that requested the reviewability ruling in 674
question;
(3) Any person that resides or regularly uses health care 676
facilities within the geographic area served or to be served by 677
the health care services that would be provided under the 678
certificate of need or reviewability ruling in question; 679
(4) Any health care facility that is located in the health 681
service area where the health care services would be provided 682
under the certificate of need or reviewability ruling in 683
question;
(5) Third-party payers that reimburse health care 685
facilities for services in the health service area where the 686
health care services would be provided under the certificate of 687
need or reviewability ruling in question; 688
(6) Any other person who testified at a public hearing 690
held under division (B) of section 3702.52 of the Revised Code or 691
submitted written comments in the course of review of the 692
certificate of need application in question. 693
(P) "Osteopathic hospital" means a hospital registered 695
under section 3701.07 of the Revised Code that advocates 696
osteopathic principles and the practice and perpetuation of 697
osteopathic medicine by doing any of the following: 698
(1) Maintaining a department or service of osteopathic 700
medicine or a committee on the utilization of osteopathic 701
principles and methods, under the supervision of an osteopathic 702
physician; 703
(2) Maintaining an active medical staff, the majority of 705
which is comprised of osteopathic physicians; 706
(3) Maintaining a medical staff executive committee that 708
has osteopathic physicians as a majority of its members. 709
(Q) "Ambulatory surgical facility" has the same meaning as 711
17
in section 3702.30 of the Revised Code. 712
(R) Except as otherwise provided in division (T) of this 714
section, and until the termination date specified in section 715
3702.511 of the Revised Code, "reviewable activity" means any of 716
the following:
(1) The addition by any person of any of the following 719
health services, regardless of the amount of operating costs or 720
capital expenditures: 721
(a) A heart, heart-lung, lung, liver, kidney, bowel, 723
pancreas, or bone marrow transplantation service, a stem cell 724
harvesting and reinfusion service, or a service for 725
transplantation of any other organ unless transplantation of the 726
organ is designated by public health council rule not to be a 727
reviewable activity; 728
(b) A cardiac catheterization service; 730
(c) An open-heart surgery service; 732
(d) Any new, experimental medical technology that is 735
designated by rule of the public health council.
(2) The acceptance of high-risk patients, as defined in 737
rules adopted under section 3702.57 of the Revised Code, by any 738
cardiac catheterization service that was initiated without a 739
certificate of need pursuant to division (R)(3)(b) of the version 741
of this section in effect immediately prior to April 20, 1995; 743
(3)(a) The establishment, development, or construction of 745
a new health care facility other than a new long-term care 746
facility or a new hospital; 747
(b) The establishment, development, or construction of a 749
new hospital or the relocation of an existing hospital; 750
(c) The relocation of hospital beds, other than long-term 752
care, perinatal, or pediatric intensive care beds, into or out of 753
a rural area. 754
(4)(a) The replacement of an existing hospital; 756
(b) The replacement of an existing hospital obstetric or 758
newborn care unit or freestanding birthing center. 760
18
(5)(a) The renovation of a hospital that involves a 764
capital expenditure, obligated on or after the effective date of
this amendment, of five million dollars or more, not including 766
expenditures for equipment, staffing, or operational costs. For
purposes of division (R)(5)(a) of this section, a capital 768
expenditure is obligated:
(i) When a contract enforceable under Ohio law is entered 770
into for the construction, acquisition, lease, or financing of a 771
capital asset; 772
(ii) When the governing body of a hospital takes formal 774
action to commit its own funds for a construction project 775
undertaken by the hospital as its own contractor; 776
(iii) In the case of donated property, on the date the 778
gift is completed under applicable Ohio law. 779
(b) The renovation of a hospital obstetric or newborn care 781
unit or freestanding birthing center that involves a capital 783
expenditure of five million dollars or more, not including 784
expenditures for equipment, staffing, or operational costs. 785
(6) Any change in the health care services, bed capacity, 787
or site, or any other failure to conduct the reviewable activity 788
in substantial accordance with the approved application for which 789
a certificate of need was granted, if the change is made prior to 790
the date the activity for which the certificate was issued ceases 791
to be a reviewable activity; 792
(7) Any of the following changes in perinatal bed capacity 794
or pediatric intensive care bed capacity: 795
(a) An increase in bed capacity; 797
(b) A change in service or service-level designation of 800
newborn care beds or obstetric beds in a hospital or freestanding 801
birthing center, other than a change of service that is provided
within the service-level designation of newborn care or obstetric 802
beds as registered by the department of health; 803
(c) A relocation of perinatal or pediatric intensive care 806
beds from one physical facility or site to another, excluding the 807
19
relocation of beds within a hospital or freestanding birthing 808
center or the relocation of beds among buildings of a hospital or 810
freestanding birthing center at the same site. 811
(8) The expenditure of more than one hundred ten per cent 813
of the maximum expenditure specified in a certificate of need; 814
(9) Any transfer of a certificate of need issued prior to 816
April 20, 1995, from the person to whom it was issued to another 818
person before the project that constitutes a reviewable activity 819
is completed, any agreement that contemplates the transfer of a 820
certificate of need issued prior to that date upon completion of 822
the project, and any transfer of the controlling interest in an 823
entity that holds a certificate of need issued prior to that
date. However, the transfer of a certificate of need issued 824
prior to that date or agreement to transfer such a certificate of 826
need from the person to whom the certificate of need was issued 827
to an affiliated or related person does not constitute a 828
reviewable transfer of a certificate of need for the purposes of 829
this division, unless the transfer results in a change in the 830
person that holds the ultimate controlling interest in the 831
certificate of need.
(10)(a) The acquisition by any person of any of the 833
following medical equipment, regardless of the amount of 835
operating costs or capital expenditure:
(i) A cobalt radiation therapy unit; 837
(ii) A linear accelerator; 839
(iii) A gamma knife unit. 841
(b) The acquisition by any person of medical equipment 843
with a cost of two million dollars or more. The cost of 844
acquiring medical equipment includes the sum of the following: 845
(i) The greater of its fair market value or the cost of 847
its lease or purchase; 848
(ii) The cost of installation and any other activities 850
essential to the acquisition of the equipment and its placement 851
into service.
20
(11) The addition of another cardiac catheterization 854
laboratory to an existing cardiac catheterization service. 855
(S) Except as provided in division (T) of this section, 858
"reviewable activity" also means any of the following activities, 860
none of which are subject to a termination date:
(1) The establishment, development, or construction of a 862
new long-term care facility; 863
(2) The replacement of an existing long-term care 865
facility; 866
(3) The renovation of a long-term care facility that 868
involves a capital expenditure of two million dollars or more, 869
not including expenditures for equipment, staffing, or 870
operational costs; 871
(4) Any of the following changes in long-term care bed 873
capacity: 874
(a) An increase in bed capacity; 876
(b) A relocation of beds from one physical facility or 879
site to another, excluding the relocation of beds within a 880
long-term care facility or among buildings of a long-term care 881
facility at the same site;
(c) A recategorization of hospital beds registered under 884
section 3701.07 of the Revised Code from another registration 886
category to skilled nursing beds or long-term care beds. 887
(5) Any change in the health services, bed capacity, or 889
site, or any other failure to conduct the reviewable activity in 890
substantial accordance with the approved application for which a 891
certificate of need concerning long-term care beds was granted, 892
if the change is made within five years after the implementation 893
of the reviewable activity for which the certificate was granted; 895
(6) The expenditure of more than one hundred ten per cent 897
of the maximum expenditure specified in a certificate of need 898
concerning long-term care beds; 899
(7) Any transfer of a certificate of need that concerns 901
long-term care beds and was issued prior to April 20, 1995, from 903
21
the person to whom it was issued to another person before the 904
project that constitutes a reviewable activity is completed, any 905
agreement that contemplates the transfer of such a certificate of 906
need upon completion of the project, and any transfer of the 907
controlling interest in an entity that holds such a certificate 908
of need. However, the transfer of a certificate of need that 909
concerns long-term care beds and was issued prior to April 20, 911
1995, or agreement to transfer such a certificate of need from 912
the person to whom the certificate was issued to an affiliated or 913
related person does not constitute a reviewable transfer of a 914
certificate of need for purposes of this division, unless the 915
transfer results in a change in the person that holds the 916
ultimate controlling interest in the certificate of need. 917
(T) "Reviewable activity" does not include any of the 919
following activities: 920
(1) Acquisition of computer hardware or software; 922
(2) Acquisition of a telephone system; 924
(3) Construction or acquisition of parking facilities; 926
(4) Correction of cited deficiencies that are in violation 928
of federal, state, or local fire, building, or safety laws and 929
rules and that constitute an imminent threat to public health or 930
safety; 931
(5) Acquisition of an existing health care facility that 933
does not involve a change in the number of the beds, by service, 934
or in the number or type of health services; 935
(6) Correction of cited deficiencies identified by 937
accreditation surveys of the joint commission on accreditation of 938
healthcare organizations or of the American osteopathic 939
association; 940
(7) Acquisition of medical equipment to replace the same 942
or similar equipment for which a certificate of need has been 943
issued if the replaced equipment is removed from service; 944
(8) Mergers, consolidations, or other corporate 946
reorganizations of health care facilities that do not involve a 947
22
change in the number of beds, by service, or in the number or 948
type of health services; 949
(9) Construction, repair, or renovation of bathroom 951
facilities; 952
(10) Construction of laundry facilities, waste disposal 954
facilities, dietary department projects, heating and air 955
conditioning projects, administrative offices, and portions of 956
medical office buildings used exclusively for physician services; 957
(11) Acquisition of medical equipment to conduct research 959
required by the United States food and drug administration or 960
clinical trials sponsored by the national institute of health. 961
Use of medical equipment that was acquired without a certificate 962
of need under division (T)(11) of this section and for which 964
premarket approval has been granted by the United States food and 965
drug administration to provide services for which patients or 966
reimbursement entities will be charged shall be a reviewable 967
activity. 968
(12) Removal of asbestos from a health care facility. 970
Only that portion of a project that meets the requirements 972
of division (T) of this section is not a reviewable activity. 974
(U) "Small rural hospital" means a hospital that is 976
located within a rural area, has fewer than one hundred beds, and 978
to which fewer than four thousand persons were admitted during 979
the most recent calendar year.
(V) "Children's hospital" means any of the following: 981
(1) A hospital registered under section 3701.07 of the 983
Revised Code that provides general pediatric medical and surgical 984
care, and in which at least seventy-five per cent of annual 985
inpatient discharges for the preceding two calendar years were 986
individuals less than eighteen years of age; 987
(2) A distinct portion of a hospital registered under 989
section 3701.07 of the Revised Code that provides general 990
pediatric medical and surgical care, has a total of at least one 991
hundred fifty registered pediatric special care and pediatric 992
23
acute care beds, and in which at least seventy-five per cent of 993
annual inpatient discharges for the preceding two calendar years 994
were individuals less than eighteen years of age; 995
(3) A distinct portion of a hospital, if the hospital is 997
registered under section 3701.07 of the Revised Code as a 998
children's hospital and the children's hospital meets all the 999
requirements of division (V)(1) of this section. 1,000
(W) "Long-term care facility" means any of the following: 1,002
(1) A nursing home licensed under section 3721.02 of the 1,004
Revised Code or by a political subdivision certified under 1,005
section 3721.09 of the Revised Code; 1,006
(2) The portion of any facility, including a county home 1,008
or county nursing home, that is certified as a skilled nursing 1,009
facility or a nursing facility under Title XVIII or XIX of the 1,010
"Social Security Act";
(3) The portion of any hospital that contains beds 1,012
registered under section 3701.07 of the Revised Code as skilled 1,013
nursing beds or long-term care beds. 1,014
(X) "Long-term care bed" means a bed in a long-term care 1,016
facility.
(Y) "Perinatal bed" means a bed in a hospital that is 1,018
registered under section 3701.07 of the Revised Code as a newborn 1,019
care bed or obstetric bed, or a bed in a freestanding birthing 1,020
center.
(Z) "Freestanding birthing center" means any facility in 1,022
which deliveries routinely occur, regardless of whether the 1,024
facility is located on the campus of another health care
facility, and which is not licensed under Chapter 3711. of the 1,026
Revised Code as a level one, two, or three maternity unit or a 1,028
limited maternity unit.
(AA)(1) "Reviewability ruling" means a ruling issued by 1,030
the director of health under division (A) of section 3702.52 of 1,031
the Revised Code as to whether a particular proposed project is 1,032
or is not a reviewable activity. 1,033
24
(2) "Nonreviewability ruling" means a ruling issued under 1,035
that division that a particular proposed project is not a 1,036
reviewable activity. 1,037
(BB)(1) "Metropolitan statistical area" means an area of 1,040
this state designated a metropolitan statistical area or primary 1,041
metropolitan statistical area in United States office of 1,043
management and budget bulletin No. 93-17, June 30, 1993, and its 1,045
attachments. 1,046
(2) "Rural area" means any area of this state not located 1,048
within a metropolitan statistical area. 1,049
Sec. 3719.13. Prescriptions, orders, and records, required 1,058
by Chapter 3719. of the Revised Code, and stocks of dangerous 1,059
drugs and controlled substances, shall be open for inspection 1,060
only to federal, state, county, and municipal officers, and 1,061
employees of the state board of pharmacy whose duty it is to 1,062
enforce the laws of this state or of the United States relating 1,063
to controlled substances. Such prescriptions, orders, records, 1,064
and stocks shall be open for inspection by employees of the state 1,065
medical board for purposes of enforcing Chapter 4731. of the 1,066
Revised Code AND EMPLOYEES OF THE BOARD OF NURSING FOR PURPOSES 1,067
OF ENFORCING CHAPTER 4723. OF THE REVISED CODE. No person having 1,068
knowledge of any such prescription, order, or record shall 1,069
divulge such knowledge, except in connection with a prosecution 1,070
or proceeding in court or before a licensing or registration 1,071
board or officer, to which prosecution or proceeding the person 1,072
to whom such prescriptions, orders, or records relate is a party. 1,073
Sec. 3721.031. (A) The director of health may investigate 1,082
any complaint he THE DIRECTOR receives concerning a home. 1,083
(1) Except as required by court order, as necessary for 1,085
the administration or enforcement of any statute relating to 1,086
homes, or as provided in division (C) of this section, the 1,087
director and any employee of the department of health shall not 1,088
release any of the following information without the permission 1,089
of the individual or of his THE INDIVIDUAL'S legal 1,090
25
representative: 1,091
(a) The identity of any patient or resident; 1,093
(b) The identity of any individual who submits a complaint 1,095
about a home; 1,096
(c) The identity of any individual who provides the 1,098
director with information about a home and has requested 1,099
confidentiality; 1,100
(d) Any information that reasonably would tend to disclose 1,102
the identity of any individual described in division (A)(1)(a) to 1,103
(c) of this section. 1,104
(2) An agency or individual to whom the director is 1,106
required, by court order or for the administration or enforcement 1,107
of a statute relating to homes, to release information described 1,108
in division (A)(1) of this section shall not release the 1,109
information without the permission of the individual who would be 1,110
or would reasonably tend to be identified, or of his THE 1,111
INDIVIDUAL'S legal representative, unless the agency or 1,113
individual is required to release it by division (C) of this 1,114
section, by court order, or for the administration or enforcement 1,115
of a statute relating to homes. 1,116
(B) Except as provided in division (C) of this section, 1,118
any record that identifies an individual described in division 1,119
(A)(1)(a) to (c) of this section or that reasonably would tend to 1,120
identify such an individual is not a public record for the 1,121
purposes of section 149.43 of the Revised Code, and is not 1,122
subject to inspection and copying under section 1347.08 of the 1,123
Revised Code. 1,124
(C) If the director, or an agency or individual to whom 1,126
the director is required by court order or for administration or 1,127
enforcement of a statute relating to homes to release information 1,128
described in division (A)(1) of this section, uses information in 1,129
any administrative or judicial proceeding against a home that 1,130
reasonably would tend to identify an individual described in 1,131
division (A)(1)(a) to (c) of this section, the director, agency, 1,132
26
or individual shall disclose that information to the home. 1,133
However, the director, agency, or individual shall not disclose 1,134
information that directly identifies an individual described in 1,135
divisions (A)(1)(a) to (c) of this section, unless the individual 1,136
is to testify in the proceedings. 1,137
(D) No person shall knowingly register a false complaint 1,139
about a home with the director, or knowingly swear or affirm the 1,140
truth of a false complaint, when the complaint is made for the 1,141
purpose of incriminating another. 1,142
(E) AN INDIVIDUAL WHO IN GOOD FAITH SUBMITS A COMPLAINT 1,144
UNDER THIS SECTION OR ANY OTHER PROVISION OF THE REVISED CODE 1,145
REGARDING A VIOLATION OF THIS CHAPTER, OR PARTICIPATES IN ANY 1,147
INVESTIGATION, ADMINISTRATIVE PROCEEDING, OR JUDICIAL PROCEEDING 1,148
RESULTING FROM THE COMPLAINT, HAS THE FULL PROTECTION AGAINST 1,149
RETALIATORY ACTION PROVIDED BY SECTIONS 4113.51 TO 4113.53 OF THE 1,150
REVISED CODE. 1,151
Sec. 3721.34. For purposes of implementing sections 1,160
3721.28 to 3721.33 of the Revised Code, the director of health 1,161
may advise, consult or cooperate with, or enter into agreements 1,162
with the board of nursing, other state agencies and, political 1,164
subdivisions, the federal government, or any person. The 1,166
director may enter into agreements that provide for the board of 1,167
nursing or another A state agency to do any of the following: 1,168
(A) Approve or reapprove, in accordance with division (A) 1,170
of section 3721.31 of the Revised Code and the rules adopted by 1,171
the director under section 3721.30 of the Revised Code, 1,172
competency evaluation programs and training and competency 1,173
evaluation programs, or, in accordance with rules adopted by the 1,174
director under section 3721.30 of the Revised Code, programs to 1,175
train instructors and coordinators for training and competency 1,176
evaluation programs and evaluators for competency evaluation 1,177
programs, and to perform any functions related to approval and 1,178
reapproval of those programs including any of the following: 1,179
(1) Conduct adjudications under Chapter 119. of the 1,181
27
Revised Code; 1,182
(2) Conduct the inspections and examinations described in 1,184
division (A)(5) or (D) of section 3721.31 of the Revised Code; 1,185
(3) Deny, suspend, or revoke approval or reapproval, in 1,187
accordance with Chapter 119. of the Revised Code, of programs 1,188
that are not in compliance with sections 3721.30 and 3721.31 of 1,189
the Revised Code and the rules adopted thereunder; 1,190
(4) Collect the fees described in division (G) of section 1,192
3721.31 of the Revised Code in the amounts prescribed in rules 1,193
adopted by the director of health under section 3721.30 of the 1,194
Revised Code and deposit them into the nurse aide training fund 1,195
created by section 3721.33 of the Revised Code. 1,196
(B) Approve or deny, in accordance with Chapter 119. of 1,198
the Revised Code, the requests described in division (B)(2) of 1,199
section 3721.31 of the Revised Code. 1,200
Sec. 3727.01. As used in this section, "health maintenance 1,209
organization" means a public or private organization organized 1,210
under the law of any state that is qualified under section 1,211
1310(d) of Title XIII of the "Public Health Service Act," 87 1,212
Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the 1,213
following: 1,214
(A) Provides or otherwise makes available to enrolled 1,216
participants health care services including at least the 1,217
following basic health care services: usual physician services, 1,218
hospitalization, laboratory, x-ray, emergency and preventive 1,219
service, and out-of-area coverage; 1,220
(B) Is compensated, except for copayments, for the 1,222
provision of basic health care services to enrolled participants 1,223
by a payment that is paid on a periodic basis without regard to 1,224
the date the health care services are provided and that is fixed 1,225
without regard to the frequency, extent, or kind of health 1,226
service actually provided; 1,227
(C) Provides physician services primarily in either of the 1,229
following ways: 1,230
28
(1) Directly through physicians who are either employees 1,232
or partners of the organization; 1,233
(2) Through arrangements with individual physicians or one 1,235
or more groups of physicians organized on a group-practice or 1,236
individual-practice basis. 1,237
As used in this chapter, "hospital" means an institution 1,239
classified as a hospital under section 3701.07 of the Revised 1,240
Code in which are provided to inpatients diagnostic, medical, 1,241
surgical, obstetrical, psychiatric, or rehabilitation care for a 1,242
continuous period longer than twenty-four hours or a hospital 1,243
operated by a health maintenance organization. "Hospital" does 1,245
not include a facility licensed under Chapter 3721. of the 1,246
Revised Code, a health care facility operated by the department 1,247
of mental health or the department of mental retardation and 1,248
developmental disabilities, a health maintenance organization 1,249
that does not operate a hospital, the office of any private 1,250
licensed health care professional, whether organized for 1,251
individual or group practice, or a clinic that provides 1,252
ambulatory patient services and where patients are not regularly 1,253
admitted as inpatients. "Hospital" also does not include an
institution for the sick that is operated exclusively for 1,255
patients who use spiritual means for healing and for whom the 1,256
acceptance of medical care is inconsistent with their religious 1,257
beliefs, accredited by a national accrediting organization,
exempt from federal income taxation under section 501 of the 1,258
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as 1,260
amended, and providing twenty-four hour nursing care pursuant to 1,261
the exemption in division (G)(E) of section 4723.32 of the 1,262
Revised Code from the licensing requirements of Chapter 4723. of 1,264
the Revised Code.
Sec. 4113.512. THE EMPLOYER OF AN EMPLOYEE WHOSE DUTIES 1,266
INCLUDE PROVIDING HEALTH CARE OR SUPERVISING AN INDIVIDUAL WHO 1,267
PROVIDES HEALTH CARE MAY MAKE INFORMATION AVAILABLE TO THE 1,269
EMPLOYEE EXPLAINING THE EMPLOYEE'S DUTY TO MAKE REPORTS PURSUANT 1,270
29
TO SECTION 4113.52 OF THE REVISED CODE, AS WELL AS THE EMPLOYEE'S 1,272
OPPORTUNITY TO MAKE REPORTS REGARDING PATIENT SAFETY PURSUANT TO 1,273
SECTION 3701.91 OF THE REVISED CODE. 1,274
Sec. 4723.02 4723.01. As used in this chapter: 1,286
(A) "Registered nurse" means an individual who holds a 1,288
current, valid license issued under this chapter that authorizes 1,289
the practice of nursing as a registered nurse. 1,290
(B) "Practice of nursing as a registered nurse" means 1,292
providing to individuals and groups nursing care requiring 1,293
specialized knowledge, judgment, and skill derived from the 1,294
principles of biological, physical, behavioral, social, and 1,295
nursing sciences. Such nursing care includes: 1,296
(1) Identifying patterns of human responses to actual or 1,298
potential health problems amenable to a nursing regimen; 1,299
(2) Executing a nursing regimen through the selection, 1,301
performance, management, and evaluation of nursing actions; 1,302
(3) Assessing health status for the purpose of providing 1,304
nursing care; 1,305
(4) Providing health counseling and health teaching; 1,307
(5) Administering medications, treatments, and executing 1,309
regimens authorized by an individual who is authorized to 1,311
practice in this state and is acting within the course of the
individual's professional practice; 1,312
(6) Teaching, administering, supervising, delegating, and 1,314
evaluating nursing practice. 1,315
(C) "Nursing regimen" may include preventative, 1,317
restorative, and health-promotion activities. 1,318
(D) "Assessing health status" means the collection of data 1,320
through nursing assessment techniques, which may include 1,321
interviews, observation, and physical evaluations for the purpose 1,322
of providing nursing care. 1,323
(E) "Licensed practical nurse" means an individual who 1,325
holds a current, valid license issued under this chapter that 1,326
authorizes the practice of nursing as a licensed practical nurse. 1,327
30
(F) "The practice of nursing as a licensed practical 1,329
nurse" means providing to individuals and groups nursing care 1,330
requiring the application of basic knowledge of the biological, 1,331
physical, behavioral, social, and nursing sciences at the 1,332
direction of a licensed physician, dentist, podiatrist, 1,333
optometrist, CHIROPRACTOR, or registered nurse. Such nursing 1,334
care includes: 1,335
(1) Observation, patient teaching, and care in a diversity 1,337
of health care settings; 1,338
(2) Contributions to the planning, implementation, and 1,340
evaluation of nursing; 1,341
(3) Administration of medications and treatments 1,343
authorized by an individual who is authorized to practice in this 1,345
state and is acting within the course of the individual's 1,346
professional practice, except that administration of intravenous 1,347
therapy shall be performed only in accordance with section
4723.17 or 4723.171 of the Revised Code. Medications may be 1,349
administered by a licensed practical nurse upon proof of 1,350
completion of a course in medication administration approved by 1,351
the board of nursing.
(4) Administration to an adult of intravenous therapy 1,353
authorized by an individual who is authorized to practice in this 1,354
state and is acting within the course of the individual's 1,355
professional practice, on the condition that the licensed 1,356
practical nurse is authorized under section 4723.17 or 4723.171 1,357
of the Revised Code to perform intravenous therapy and performs 1,359
intravenous therapy only in accordance with 4723.17 those 1,360
sections.
(G) "Certified registered nurse anesthetist" means a 1,363
registered nurse who holds a valid certificate of authority 1,364
issued under this chapter that authorizes the practice of nursing 1,365
as a certified registered nurse anesthetist in accordance with 1,366
section 4723.43 of the Revised Code and rules adopted by the 1,367
board of nursing. 1,368
31
(H) "Clinical nurse specialist" means a registered nurse 1,371
who holds a valid certificate of authority issued under this 1,372
chapter that authorizes the practice of nursing as a clinical 1,373
nurse specialist in accordance with section 4723.43 of the 1,374
Revised Code and rules adopted by the board of nursing. 1,375
(I) "Certified nurse-midwife" means a registered nurse who 1,377
holds a valid certificate of authority issued under this chapter 1,378
that authorizes the practice of nursing as a certified 1,379
nurse-midwife in accordance with section 4723.43 of the Revised 1,380
Code and rules adopted by the board of nursing. 1,381
(J) "Certified nurse practitioner" means a registered 1,383
nurse who holds a valid certificate of authority issued under 1,384
this chapter that authorizes the practice of nursing as a 1,385
certified nurse practitioner in accordance with section 4723.43 1,386
of the Revised Code and rules adopted by the board of nursing. 1,388
(K) "Physician" means an individual authorized under 1,391
Chapter 4731. of the Revised Code to practice medicine and 1,393
surgery or osteopathic medicine and surgery.
(L) "Collaboration" or "collaborating" means the 1,395
following: 1,396
(1) In the case of a clinical nurse specialist, except as 1,399
provided in division (L)(3) of this section, or a certified nurse 1,400
practitioner, that one or more podiatrists acting within the 1,402
scope of practice of podiatry in accordance with section 4731.51 1,403
of the Revised Code and with whom the nurse has entered into a 1,404
standard care arrangement or one or more physicians with whom the 1,406
nurse has entered into a standard care arrangement are 1,407
continuously available to communicate with the clinical nurse 1,408
specialist or certified nurse practitioner either in person or by 1,409
radio, telephone, or other form of telecommunication; 1,410
(2) In the case of a certified nurse-midwife, that one or 1,413
more physicians with whom the certified nurse-midwife has entered
into a standard care arrangement are continuously available to 1,415
communicate with the certified nurse-midwife either in person or 1,416
32
by radio, telephone, or other form of telecommunication; 1,417
(3) In the case of a clinical nurse specialist who 1,419
practices the nursing specialty of mental health or psychiatric 1,420
mental health without being authorized to prescribe drugs and 1,421
therapeutic devices, that one or more physicians are continuously 1,423
available to communicate with the nurse either in person or by 1,424
radio, telephone, or other form of telecommunication. 1,425
(M) "Supervision," as it pertains to a certified 1,427
registered nurse anesthetist, means that a the certified 1,429
registered nurse anesthetist is under the direction of a 1,430
podiatrist acting within the podiatrist's scope of practice in 1,431
accordance with section 4731.51 of the Revised Code, a dentist 1,433
acting within the dentist's scope of practice in accordance with 1,434
Chapter 4715. of the Revised Code, or a physician, and, when 1,436
administering anesthesia, the certified registered nurse 1,437
anesthetist is in the immediate presence of the podiatrist, 1,438
dentist, or physician.
(N) "Standard care arrangement," except as it pertains to 1,441
an advanced practice nurse, means a written, formal guide for 1,442
planning and evaluating a patient's health care that is developed 1,443
by one or more collaborating physicians or podiatrists and a 1,444
clinical nurse specialist, certified nurse-midwife, or certified 1,445
nurse practitioner and meets the requirements of section 4723.431 1,446
of the Revised Code. 1,447
(O) "Advanced practice nurse," until three years and eight 1,449
months after this amendment MAY 17, 2000, means a registered 1,451
nurse who is approved by the board of nursing under section 1,452
4723.55 of the Revised Code to practice as an advanced practice 1,453
nurse.
(Q)(P) "Dialysis care" means the care and procedures that 1,455
a dialysis technician is authorized to provide and perform, as 1,456
specified in section 4723.72 of the Revised Code. 1,457
(R)(Q) "Dialysis technician" means an individual who holds 1,459
a current, valid certificate or temporary certificate issued 1,460
33
under this chapter that authorizes the individual to practice as 1,461
a dialysis technician in accordance with section 4723.72 of the 1,462
Revised Code.
Sec. 4723.04 4723.02. The state nurses' board shall be 1,471
known as the board of nursing. The board shall assume and 1,474
exercise all the powers and perform all the duties conferred and 1,475
imposed on it by this chapter. The 1,476
THE board shall consist of thirteen members who shall be 1,479
citizens of the United States and residents of Ohio. Eight
members shall be registered nurses, each of whom shall be a 1,480
graduate of an approved program of nursing education that 1,481
prepares persons for licensure as a registered nurse, shall hold 1,482
a currently active license issued under this chapter to practice 1,483
nursing as a registered nurse, and shall have been actively 1,484
engaged in the practice of nursing as a registered nurse for the 1,485
five years immediately preceding the member's initial appointment 1,486
to the board. Of the eight members who are registered nurses, at 1,487
least one shall hold a valid certificate of authority issued 1,488
under this chapter that authorizes the practice of nursing as a 1,489
certified registered nurse anesthetist, clinical nurse 1,490
specialist, certified nurse-midwife, or certified nurse 1,491
practitioner. Four members shall be licensed practical nurses, 1,493
each of whom shall be a graduate of an approved program of 1,494
nursing education that prepares persons for licensure as a 1,495
practical nurse, shall hold a currently active license issued 1,496
under this chapter to practice nursing as a licensed practical 1,497
nurse, and shall have been actively engaged in the practice of 1,498
nursing as a licensed practical nurse for the five years 1,499
immediately preceding the member's initial appointment to the 1,500
board. One member shall represent the interests of consumers of 1,501
health care. Neither this member nor any person in the member's 1,502
immediate family shall be a member of or associated with a health 1,503
care provider or profession or shall have a financial interest in 1,504
the delivery or financing of health care. Representation of 1,505
34
nursing service and nursing education and of the various 1,506
geographical areas of the state shall be considered in making 1,507
appointments. As 1,508
AS the term of any member of the board expires, a successor 1,511
shall be appointed who has the qualifications the vacancy 1,512
requires. Terms of office shall be for five FOUR years,
commencing on the first day of January and ending on the 1,513
thirty-first day of December. Each 1,514
A CURRENT OR FORMER BOARD MEMBER WHO HAS SERVED NOT MORE 1,516
THAN ONE FULL TERM OR ONE FULL TERM AND NOT MORE THAN THIRTY 1,517
MONTHS OF ANOTHER TERM MAY BE REAPPOINTED FOR ONE ADDITIONAL 1,518
TERM.
EACH member shall hold office from the date of appointment 1,521
until the end of the term for which the member was appointed. 1,522
The term of a member shall expire if the member ceases to meet 1,523
any requirement of this section for the member's position on the 1,524
board. Any member appointed to fill a vacancy occurring prior to 1,525
the expiration of the term for which the member's predecessor was 1,526
appointed shall hold office for the remainder of such term. A 1,528
person who has served a full term on the board or more than 1,529
thirty months of the remainder of the term of a predecessor shall 1,530
not be eligible for a subsequent appointment to the board. Any 1,531
member shall continue in office subsequent to the expiration date 1,532
of the member's term until the member's successor takes office, 1,533
or until a period of sixty days has elapsed, whichever occurs 1,534
first. Nursing 1,535
NURSING organizations of this state may each submit to the 1,537
governor the names of not more than five nominees for each 1,538
position to be filled on the board. From the names so submitted 1,539
or from others, at the governor's discretion, the governor with 1,541
the advice and consent of the senate shall make such 1,542
appointments.
Any member of the board may be removed by the governor for 1,544
neglect of any duty required by law or for incompetency or 1,545
35
unprofessional or dishonorable conduct, after a hearing as 1,546
provided in Chapter 119. of the Revised Code. Seven 1,547
SEVEN members of the board including at least four 1,550
registered nurses and at least one licensed practical nurse shall 1,551
at all times constitute a quorum. 1,552
Each member of the board shall receive an amount fixed 1,554
pursuant to division (J) of section 124.15 of the Revised Code 1,555
for each day in attendance at board meetings and in discharge of 1,556
official duties, and in addition thereto, necessary expense 1,557
incurred in the performance of such duties. 1,558
The board shall elect one of its nurse members as president 1,560
and one as vice-president. THE BOARD SHALL ELECT ONE OF ITS 1,561
REGISTERED NURSE MEMBERS TO SERVE AS THE SUPERVISING MEMBER FOR 1,562
DISCIPLINARY MATTERS.
The board may establish advisory groups to serve in 1,564
consultation with the board or the executive director. Each 1,565
advisory group shall be given a specific charge in writing and 1,566
shall report to the board. Members of advisory groups shall 1,567
serve without compensation but shall receive their actual and 1,568
necessary expenses incurred in the performance of their official 1,569
duties. 1,570
Sec. 4723.021. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 1,573
BOARD OF NURSING, A CURRENT OR FORMER BOARD MEMBER, AN AGENT OF
THE BOARD, A REPRESENTATIVE OF THE BOARD, AN EMPLOYEE OF THE 1,575
BOARD, OR AN ENTITY THAT PROVIDES SERVICES RELATED TO REMEDIATION 1,576
UNDER THE BOARD'S PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM
SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT 1,578
OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO 1,579
OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. 1,580
IF A MEMBER, AGENT, REPRESENTATIVE, EMPLOYEE, OR ENTITY ASKS TO 1,581
BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR ACTION ARISING OUT 1,583
OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO 1,584
THE REQUESTOR'S OFFICIAL DUTIES, AND THE REQUEST IS MADE IN 1,585
WRITING AT A REASONABLE TIME BEFORE TRIAL AND THE REQUESTOR 1,586
36
COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE CLAIM OR ACTION, 1,588
THE STATE SHALL PROVIDE AND PAY FOR THE REQUESTOR'S DEFENSE AND 1,589
SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR SETTLEMENT. AT 1,590
NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM OR JUDGMENT THAT 1,591
IS FOR PUNITIVE OR EXEMPLARY DAMAGES.
Sec. 4723.03. (A) No person shall engage in the practice 1,600
of nursing as a registered nurse, hold herself or himself out 1,602
REPRESENT THE PERSON as being a registered nurse, or use the 1,603
title "registered nurse," the initials "R.N.," or any other title 1,604
implying that the person is a registered nurse, for a fee, 1,605
salary, or other consideration, or as a volunteer, without 1,606
holding a current, valid license as a registered nurse under this 1,607
chapter.
(B) No person shall engage in the practice of nursing as a 1,609
licensed practical nurse, hold herself or himself out REPRESENT 1,610
THE PERSON as being a licensed practical nurse, or use the title 1,614
"licensed practical nurse," the initials "L.P.N.," or any other 1,615
title implying that the person is a licensed practical nurse, for 1,616
a fee, salary, or other consideration, or as a volunteer, without 1,617
holding a current, valid license as a practical nurse under this 1,618
chapter.
(C) No person shall use the titles or initials "graduate 1,620
nurse," "G.N.," "professional nurse," "P.N.," "graduate practical 1,621
nurse," "G.P.N.," "practical nurse," "P.N.," "trained nurse," 1,622
"T.N.," or any other statement, title, or initials that would 1,623
imply or represent to the public that the person is authorized to 1,624
practice nursing in this state, except as follows: 1,625
(1) A person licensed under this chapter to practice 1,627
nursing as a registered nurse may use that title and the initials 1,628
"R.N.";
(2) A person licensed under this chapter to practice 1,631
nursing as a licensed practical nurse may use that title and the 1,632
initials "L.P.N."; 1,633
(3) A person authorized under this chapter to practice 1,635
37
nursing as a certified registered nurse anesthetist may use that 1,636
title, the initials "C.R.N.A." or "N.A.," and any other title or 1,638
initials approved by the board of nursing;
(4) A person authorized under this chapter to practice 1,640
nursing as a clinical nurse specialist may use that title, the 1,641
initials "C.N.S.," and any other title or initials approved by 1,643
the board;
(5) A person authorized under this chapter to practice 1,645
nursing as a certified nurse-midwife may use that title, the 1,646
initials "C.N.M.," and any other title or initials approved by 1,648
the board;
(6) A person authorized under this chapter to practice 1,650
nursing as a certified nurse practitioner may use that title, the 1,651
initials "C.N.P.," and any other title or initials approved by 1,653
the board.
(D) No person shall employ a person not licensed as a 1,655
registered nurse under this chapter to engage in the practice of 1,656
nursing as a registered nurse. No person shall employ a person 1,657
not licensed as a practical nurse under this chapter to engage in 1,658
the practice of nursing as a licensed practical nurse. 1,659
(E) No person shall sell or fraudulently obtain or furnish 1,662
any nursing diploma, license, certificate, renewal, or record, or 1,663
aid or abet such acts. 1,664
Sec. 4723.06. (A) The board of nursing shall: 1,673
(1) Administer and enforce the provisions of this chapter, 1,675
including the taking of disciplinary action for violations of 1,676
section 4723.28 of the Revised Code, any other provisions of this 1,677
chapter, or rules promulgated ADOPTED under Chapter 119. of the 1,679
Revised Code THIS CHAPTER; 1,680
(2) Examine applicants DEVELOP CRITERIA THAT AN APPLICANT 1,682
MUST MEET TO BE ELIGIBLE TO SIT FOR THE EXAMINATION for licensure 1,683
to practice as a registered nurse or as a licensed practical 1,684
nurse;
(3) Issue and renew nursing licenses and dialysis 1,686
38
technician certificates, as provided in this chapter; 1,687
(4) Define the minimum curricula and standards for 1,689
educational programs of the schools of professional nursing and 1,690
schools of practical nursing in this state; 1,691
(5) Survey, inspect, and grant full approval to 1,693
prelicensure nursing education programs that meet the standards 1,695
established by rules adopted under section 4723.07 of the Revised 1,696
Code. Prelicensure nursing education programs include, but are 1,697
not limited to, associate degree, baccalaureate degree, diploma, 1,698
and doctor of nursing programs leading to initial licensure to 1,699
practice nursing as a registered nurse and practical nurse 1,700
programs leading to initial licensure to practice nursing as a 1,701
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 1,703
the board, to a new prelicensure nursing education program or a 1,704
program that is being reestablished after having ceased to 1,706
operate, if the program meets and maintains the minimum standards 1,708
of the board established by rules adopted under section 4723.07 1,709
of the Revised Code. If the board does not grant conditional 1,710
approval, it shall hold a hearing AN ADJUDICATION under Chapter 1,711
119. of the Revised Code to consider conditional approval of the 1,713
program. If the board grants conditional approval, at its first 1,714
meeting after the first class has completed the program, the 1,715
board shall determine whether to grant full approval to the 1,716
program. If the board does not grant full approval or if it 1,718
appears that the program has failed to meet and maintain 1,719
standards established by rules adopted under section 4723.07 of 1,720
the Revised Code, the board shall hold a hearing AN ADJUDICATION 1,721
under Chapter 119. of the Revised Code to consider the program. 1,723
Based on results of the hearing ADJUDICATION, the board may 1,724
continue or withdraw conditional approval, or grant full 1,726
approval.
(7) Place on provisional approval, for a period of time 1,728
specified by the board, a program that has ceased to meet and 1,730
39
maintain the minimum standards of the board established by rules 1,731
adopted under section 4723.07 of the Revised Code. At the end of 1,732
the period, the board shall reconsider whether the program meets 1,733
the standards and shall grant full approval if it does. If it 1,735
does not, the board may withdraw approval, pursuant to a hearing 1,736
AN ADJUDICATION under Chapter 119. of the Revised Code. 1,738
(8) Approve continuing nursing education programs and 1,740
courses under standards established in rules adopted under 1,741
section 4723.07 of the Revised Code; 1,742
(9) Approve peer support programs, under rules adopted 1,745
under section 4723.07 of the Revised Code, for nurses and for
dialysis technicians; 1,746
(10) Establish the alternative A program for MONITORING 1,748
chemical dependency in accordance with section 4723.35 of the 1,750
Revised Code;
(11) Establish the practice intervention and improvement 1,752
program in accordance with section 4723.282 of the Revised Code; 1,753
(12) Issue and renew certificates of authority to practice 1,755
nursing as a certified registered nurse anesthetist, clinical 1,757
nurse specialist, certified nurse-midwife, or certified nurse 1,758
practitioner;
(13) Approve under section 4723.46 of the Revised Code 1,761
national certifying organizations for examination and 1,762
certification of certified registered nurse anesthetists, 1,763
clinical nurse specialists, certified nurse-midwives, or 1,764
certified nurse practitioners;
(14) Issue and renew certificates to prescribe in 1,766
accordance with sections 4723.48 and 4723.484 4723.485 of the 1,767
Revised Code;
(15) Grant approval to the planned classroom and clinical 1,769
study required by section 4723.483 of the Revised Code to be 1,770
eligible for a certificate to prescribe; 1,771
(16) Make an annual edition of the formulary established 1,774
in rules adopted under section 4723.50 of the Revised Code 1,775
40
available to the public either in printed form or by electronic 1,776
means and, as soon as possible after any revision of the 1,777
formulary becomes effective, make the revision available to the 1,778
public in printed form or by electronic means; 1,779
(17) PROVIDE GUIDANCE AND MAKE RECOMMENDATIONS TO THE 1,781
GENERAL ASSEMBLY, THE GOVERNOR, STATE AGENCIES, AND THE FEDERAL 1,782
GOVERNMENT WITH RESPECT TO THE REGULATION OF THE PRACTICE OF 1,783
NURSING AND THE ENFORCEMENT OF THIS CHAPTER;
(18) Make an annual report to the governor, which shall be 1,785
open for public inspection; 1,786
(18)(19) Maintain and have open for public inspection the 1,788
following records: 1,789
(a) A record of all its meetings and proceedings; 1,791
(b) A file of applicants for and holders of nursing 1,793
licenses, registrations, and certificates granted under this 1,794
chapter and dialysis technician certificates granted under this 1,795
chapter. The file shall be maintained in the form prescribed by 1,796
rule of the board.
(c) A list of prelicensure nursing education programs 1,798
approved by the board; 1,799
(d) A list of approved peer support programs for nurses 1,801
and dialysis technicians. 1,802
(B) The board may fulfill the requirement of division 1,804
(A)(8) of this section by authorizing persons who meet the 1,805
standards established in rules adopted under division (F) of 1,806
section 4723.07 of the Revised Code to approve continuing nursing 1,807
education programs and courses. Persons so authorized shall 1,808
approve continuing nursing education programs and courses in 1,809
accordance with standards established in rules adopted under 1,810
division (E) of section 4723.07 of the Revised Code. 1,811
Persons seeking authorization to approve continuing nursing 1,813
education programs and courses shall apply to the board and pay 1,814
the appropriate fee established under section 4723.08 of the 1,815
Revised Code. Authorizations to approve continuing nursing 1,816
41
education programs and courses shall expire at the end of the 1,817
two-year period beginning the date of issuance, and may be 1,819
renewed by the board ACCORDING TO THE SCHEDULE ESTABLISHED IN 1,820
RULES ADOPTED UNDER SECTION 4732.07 OF THE REVISED CODE. 1,821
Sec. 4723.061. The THIS CHAPTER DOES NOT REQUIRE THE board 1,830
of nursing may enter into agreements with the director of health 1,832
under section 3721.34 of the Revised Code to assist the director 1,833
in implementing sections 3721.28 to 3721.34 of the Revised Code.
Any money received by the board from the department of health 1,834
pursuant to such agreements shall be deposited in the nurse aide 1,835
fund, which is hereby created in the state treasury. The board 1,836
shall use the fund to pay the costs it incurs in carrying out 1,838
such agreements TO ACT ON MINOR VIOLATIONS OF THIS CHAPTER OR THE 1,839
RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY
INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES 1,840
THAT THE PUBLIC IS ADEQUATELY PROTECTED BY ISSUING A NOTICE OR 1,841
WARNING TO THE ALLEGED OFFENDER. 1,842
Sec. 4723.07. In accordance with Chapter 119. of the 1,851
Revised Code, the board of nursing shall adopt and may amend and 1,852
rescind rules THAT ESTABLISH ALL OF THE FOLLOWING: 1,853
(A) Providing PROVISIONS for its THE BOARD'S government 1,856
and control of its actions and business affairs; 1,857
(B) Establishing minimum MINIMUM curricula and standards 1,859
for nursing education programs that prepare graduates to take 1,860
licensing examinations, BE LICENSED UNDER THIS CHAPTER and 1,861
establishing procedures for granting, renewing, and withdrawing 1,864
approval of those programs;
(C) Establishing requirements CRITERIA that applicants for 1,866
licensure must meet to be permitted ELIGIBLE to take licensing 1,868
examinations; 1,869
(D) Governing the administration and conduct of 1,871
examinations for licensure to practice nursing as a registered 1,872
nurse or as a licensed practical nurse; 1,873
(D) STANDARDS AND PROCEDURES FOR RENEWAL OF THE LICENSES 1,875
42
AND CERTIFICATES ISSUED BY THE BOARD; 1,876
(E) Establishing standards STANDARDS for approval of 1,878
continuing nursing education programs and courses for registered 1,879
nurses, licensed practical nurses, certified registered nurse 1,880
anesthetists, clinical nurse specialists, certified 1,881
nurse-midwives, and certified nurse practitioners. The standards 1,882
may provide for approval of continuing nursing education programs 1,883
and courses that have been approved by other state boards of 1,884
nursing or by national accreditation systems for nursing, 1,885
including, but not limited to, the American nurses' credentialing 1,886
center and the national association for practical nurse education 1,887
and service.
(F) Establishing standards STANDARDS that persons must 1,889
meet to be authorized by the board to approve continuing nursing 1,891
education programs and courses and a schedule to have BY WHICH 1,892
that authorization EXPIRES AND MAY BE renewed; 1,893
(G) Establishing requirements REQUIREMENTS, including 1,895
continuing education requirements, for restoring inactive nursing 1,897
licenses and dialysis technician certificates issued under this 1,898
chapter and nursing licenses and dialysis technician certificates 1,900
that have lapsed through failure to renew;
(H) Establishing requirements for issuing endorsements of 1,902
nursing licenses and dialysis technician certificates issued by 1,903
another state;
(I) Governing conditions CONDITIONS that may be imposed 1,905
for reinstatement of a nursing license or dialysis technician 1,906
certificate issued under this chapter following action taken 1,908
under sections 2301.373, 4723.28, and 4723.281 of the Revised 1,909
Code resulting in a suspension from practice; 1,911
(J) Establishing standards (I) STANDARDS for approval of 1,914
peer support programs for persons who hold a nursing license or 1,915
dialysis technician certificate issued under this chapter; 1,916
(K) Establishing requirements (J) REQUIREMENTS for board 1,919
approval of courses in medication administration by licensed 1,920
43
practical nurses; 1,921
(L) Establishing criteria for specialty certification of 1,923
registered nurses; 1,924
(M) Establishing criteria (K) CRITERIA for evaluating the 1,927
qualifications of an applicant who is applying for a license by 1,930
endorsement to practice nursing as a registered nurse or licensed 1,931
practical nurse or for, a certificate of authority issued under 1,932
division (E) of section 4723.41 of the Revised Code, OR A 1,934
DIALYSIS TECHNICIAN CERTIFICATE BY THE BOARD'S ENDORSEMENT OF THE 1,935
APPLICANT'S AUTHORITY TO PRACTICE ISSUED BY THE LICENSING AGENCY 1,936
OF ANOTHER STATE;
(N) Establishing universal (L) UNIVERSAL blood and body 1,939
fluid precautions that shall be used by each person holding a 1,940
nursing license or dialysis technician certificate issued under 1,941
this chapter who performs exposure-prone invasive procedures. 1,942
The rules shall define and establish requirements for universal 1,943
blood and body fluid precautions that include the following: 1,944
(1) Appropriate use of hand washing; 1,946
(2) Disinfection and sterilization of equipment; 1,948
(3) Handling and disposal of needles and other sharp 1,950
instruments; 1,951
(4) Wearing and disposal of gloves and other protective 1,953
garments and devices. 1,954
(O) Establishing standards (M) STANDARDS and procedures 1,957
for approving certificates of authority to practice nursing as a 1,958
certified registered nurse anesthetist, clinical nurse 1,959
specialist, certified nurse-midwife, or certified nurse 1,960
practitioner, and for renewal of those certificates; 1,961
(P) Establishing quality (N) QUALITY assurance standards 1,964
for certified registered nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, or certified nurse 1,965
practitioners;
(Q) Establishing additional (O) ADDITIONAL criteria for 1,968
the standard care arrangement required by section 4723.431 of the
44
Revised Code entered into by a clinical nurse specialist, 1,970
certified nurse-midwife, or certified nurse practitioner and the 1,971
nurse's collaborating physician or podiatrist; 1,972
(R) Establishing continuing (P) CONTINUING education 1,974
standards for clinical nurse specialists who are exempt under 1,975
division (C) of section 4723.41 of the Revised Code from the 1,978
requirement of having passed a certification examination;
(Q) FOR PURPOSES OF DIVISION (B)(31) OF SECTION 4723.28 OF 1,981
THE REVISED CODE, THE ACTIONS, OMISSIONS, OR OTHER CIRCUMSTANCES
THAT CONSTITUTE FAILURE TO ESTABLISH AND MAINTAIN PROFESSIONAL 1,982
BOUNDARIES WITH A PATIENT.
Subject to Chapter 119. of the Revised Code, the THE board 1,984
may adopt other rules necessary to carry out the provisions of 1,985
this chapter. THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH 1,986
CHAPTER 119. OF THE REVISED CODE. 1,987
Sec. 4723.08. (A) The board of nursing may impose fees 1,997
not to exceed the following limits: 1,998
(1) For application for licensure by examination to 2,000
practice nursing as a registered nurse or as a licensed practical 2,001
nurse, fifty dollars; 2,002
(2) For application for licensure by endorsement to 2,004
practice nursing as a registered nurse or as a licensed practical 2,005
nurse, fifty dollars; 2,006
(3) For application for a certificate of authority to 2,008
practice nursing as a certified registered nurse anesthetist, 2,009
clinical nurse specialist, certified nurse-midwife, or certified 2,010
nurse practitioner, one hundred dollars; 2,011
(4) For application for a temporary dialysis technician 2,013
certificate, the amount specified in rules adopted under section 2,014
4723.79 of the Revised Code;
(5) For application for a full dialysis technician 2,016
certificate, the amount specified in rules adopted under section 2,017
4723.79 of the Revised Code;
(6) For application for a certificate to prescribe, fifty 2,019
45
dollars;
(5)(7) For verification of a nursing license, certificate 2,021
of authority, or dialysis technician certificate to another 2,022
jurisdiction, fifteen dollars; 2,023
(6)(7)(8) For providing a replacement copy of a nursing 2,025
license, certificate of authority, or dialysis technician 2,027
certificate, fifteen dollars;
(7)(8)(9) For biennial renewal of a nursing license, 2,029
thirty-five dollars; 2,031
(8)(9) For (10) EXCEPT AS PROVIDED IN DIVISION (C) OF 2,034
THIS SECTION, FOR biennial renewal of a certificate of authority 2,035
to practice nursing as a certified registered nurse anesthetist, 2,038
clinical nurse specialist, certified nurse-midwife, or certified 2,040
nurse practitioner, one hundred EIGHTY-FIVE dollars; 2,041
(9)(11) For renewal of a certificate to prescribe, fifty 2,044
dollars;
(10)(10)(12) For biennial renewal of a dialysis technician 2,046
certificate, the amount specified in rules adopted under section 2,047
4723.79 of the Revised Code; 2,048
(11)(13) For processing a late application for renewal of 2,050
a nursing license, certificate of authority, or dialysis 2,052
technician certificate, fifty dollars; 2,053
(11)(12)(14) For application for authorization to approve 2,055
continuing nursing education programs and courses from an 2,056
applicant accredited by a national accreditation system for 2,057
nursing, five hundred dollars; 2,058
(12)(13)(15) For application for authorization to approve 2,060
continuing nursing education programs and courses from an 2,061
applicant not accredited by a national accreditation system for 2,062
nursing, one thousand dollars; 2,063
(13)(14)(16) For each year for which authorization to 2,066
approve continuing nursing education programs and courses is 2,067
renewed, one hundred fifty dollars; 2,068
(15)(17) For application for approval to operate a 2,070
46
dialysis training program, the amount specified in rules adopted 2,071
under section 4723.79 of the Revised Code; 2,072
(16)(14)(18) FOR REINSTATEMENT OF A LAPSED LICENSE OR 2,074
CERTIFICATE OF AUTHORITY, ONE HUNDRED DOLLARS; 2,075
(19) For written verification of a nursing license, 2,077
certificate of authority, or dialysis technician certificate, 2,078
other than verification to another jurisdiction, five dollars. 2,079
The board may contract for services pertaining to this 2,080
verification process and the collection of the fee, and may 2,081
permit the contractor to retain a portion of the fees as 2,082
compensation, before any amounts are deposited into the state 2,083
treasury. 2,084
(B) Each quarter, FOR PURPOSES OF TRANSFERRING FUNDS UNDER 2,086
SECTION 4743.05 OF THE REVISED CODE TO THE NURSE EDUCATION 2,087
ASSISTANCE FUND CREATED IN SECTION 3333.28 OF THE REVISED CODE, 2,088
the board of nursing shall certify to the director of budget and 2,089
management the number of biennial licenses renewed under this 2,090
chapter during the preceding quarter and the amount equal to that 2,091
number times five dollars.
(C) THE FEE FOR BIENNIAL RENEWAL OF A CERTIFICATE OF 2,093
AUTHORITY TO PRACTICE NURSING AS A CERTIFIED NURSE-MIDWIFE, 2,094
CERTIFIED REGISTERED NURSE ANESTHETIST, CERTIFIED NURSE 2,095
PRACTITIONER, OR CLINICAL NURSE SPECIALIST THAT EXPIRES ON OR 2,096
BEFORE AUGUST 31, 2005, IS ONE HUNDRED DOLLARS.
Sec. 4723.39 4723.081. The board of nursing, subject to 2,105
the approval of the controlling board, may establish fees in 2,108
excess of the amounts provided by section 4723.08 of the Revised 2,109
Code, provided that such fees do not exceed those amounts by more 2,110
than fifty per cent.
Sec. 4723.31 4723.082. Except as provided in division 2,119
(A)(4) of section 3721.34 and section 4723.061 of the Revised 2,121
Code, all ALL receipts of the board of nursing, from any source, 2,123
shall be deposited in the state treasury to the credit of the
occupational licensing and regulatory fund. All vouchers of the 2,124
47
board shall be approved by the board president or executive 2,125
director, or both, as authorized by the board. 2,126
Sec. 4723.09. (A) An application for licensure by 2,135
examination to practice as a registered nurse or as a licensed 2,136
practical nurse shall be submitted to the board of nursing in the 2,137
form prescribed by rules of the board. The application shall 2,138
include evidence that the applicant has completed requirements of 2,139
a nursing education program approved by the board or approved by 2,140
another jurisdiction's board that regulates nurse licensure. The 2,141
application also shall include any other information required by 2,143
rules of the board. The application shall be accompanied by the 2,144
application fee required by section 4723.08 of the Revised Code. 2,145
If the board determines that the applicant meets the requirements 2,146
to take the examination, it shall admit the applicant to the 2,147
examination. 2,148
The board shall grant a license to practice nursing as a 2,150
registered nurse or as a licensed practical nurse if the 2,151
applicant passes the examination ACCEPTED BY THE BOARD UNDER 2,152
SECTION 4723.10 OF THE REVISED CODE and the board determines that 2,153
the applicant has not committed any act that is grounds for 2,154
disciplinary action under section 2301.373 or 4723.28 of the 2,155
Revised Code, or determines that an applicant who has committed 2,156
such acts has made restitution or has been rehabilitated, or 2,157
both. The board is not required to afford a hearing AN 2,158
ADJUDICATION to an individual to whom it has refused to grant a 2,161
license because of that individual's failure to pass the 2,162
examination. 2,163
(B) An application for license by endorsement to practice 2,165
nursing as a registered nurse or as a licensed practical nurse 2,166
shall be submitted to the board in the form prescribed by rules 2,167
of the board and shall be accompanied by the application fee 2,168
required by section 4723.08 of the Revised Code. The application 2,169
shall include evidence that the applicant holds a license in good 2,170
standing in another jurisdiction granted after passing an 2,171
48
examination approved by the board of that jurisdiction that is 2,172
equivalent to the examination requirements under this chapter for 2,173
a license to practice nursing as a registered nurse or licensed 2,174
practical nurse, and shall include other information required by 2,176
rules of the board of nursing. The board shall grant a license 2,177
by endorsement if the applicant is licensed or certified by 2,178
another jurisdiction and the board determines, pursuant to rules 2,179
established under section 4723.07 of the Revised Code, that all 2,180
of the following apply:
(1) The educational preparation of the applicant is 2,182
substantially similar to the minimum curricula and standards for 2,183
nursing education programs established by the board under section 2,184
4723.07 of the Revised Code;
(2) The examination, at the time it is successfully 2,186
completed, is equivalent to the examination requirements in 2,187
effect at that time for applicants who successfully completed the 2,188
WERE LICENSED BY examination in this state; 2,189
(3) The applicant has not committed any act that is 2,191
grounds for disciplinary action under section 2301.373, 4723.28, 2,192
or 4723.281 of the Revised Code, or determines that an applicant 2,194
who has committed such acts has made restitution or has been 2,195
rehabilitated, or both.
The board may grant a nonrenewable temporary permit to 2,197
practice nursing as a registered nurse or as a licensed practical 2,198
nurse to an applicant for license by endorsement if the board is 2,199
satisfied by the evidence that the applicant holds a current, 2,200
active license in good standing in another jurisdiction. The 2,202
temporary permit shall expire at the earlier of one hundred 2,203
twenty days after issuance or upon the issuance of a license by 2,204
endorsement.
Sec. 4723.051 4723.10. The WITH RESPECT TO INDIVIDUALS 2,214
APPLYING FOR LICENSURE BY EXAMINATION, THE board of nursing, in 2,215
administering examinations for licensure under this chapter, may 2,217
make use of SHALL ACCEPT all or any part of the licensure 2,218
49
examination of the national council of state boards of nursing or 2,219
any other national standardized nursing examination that 2,220
determines THE BOARD CONSIDERS TO BE AN APPROPRIATE MEASURE OF 2,221
whether a person is competent to commence practicing nursing as a 2,222
registered nurse or as a licensed practical nurse. The IF THE 2,224
BOARD INCURS ANY COST IN ITS ACCEPTANCE OF AN EXAMINATION UNDER 2,225
THIS SECTION OR IN MAKING THE ACCEPTED EXAMINATION AVAILABLE TO 2,226
APPLICANTS, THE board may require applicants for licensure by
examination to practice nursing as a registered nurse or as a 2,228
licensed practical nurse to pay the application fee required by 2,230
section 4723.08 of the Revised Code and to pay for any related 2,232
materials from the organization providing the examination PAY AN 2,233
AMOUNT SUFFICIENT TO COVER THE COST INCURRED. 2,234
Sec. 4723.15. (A) A certificate of registration to 2,243
practice professional nursing as a registered nurse issued by the 2,244
state nurses board or the board of nursing education and nurse 2,245
registration under former provisions of this chapter or by the 2,246
nurses' examining committee of the state medical board as 2,247
provided in former sections 1295-01 to 1295-20 and 1347 et seq. 2,248
of the General Code shall remain valid and shall confer the same 2,249
privileges and impose the same responsibilities and requirements 2,250
as a license issued by the board of nursing under this chapter on 2,251
or after the effective date of this section JUNE 14, 1988. 2,253
(B) A license to practice practical nursing as a licensed 2,255
practical nurse issued by the board of nursing education and 2,256
nurse registration under former provisions of this chapter shall 2,257
remain valid and shall confer the same privileges and impose the 2,258
same responsibilities and requirements as a license issued by the 2,259
board of nursing under this chapter on or after the effective 2,260
date of this section JUNE 14, 1988. 2,261
(C) Any person who on the effective date of this section 2,264
JUNE 14, 1988, holds a current, valid certificate or license to 2,265
practice nursing as a registered nurse or as a licensed practical 2,266
nurse in this state shall, for the purposes of this chapter, be 2,267
50
deemed to hold a license. 2,268
(D) Any licensed practical nurse who on the effective date 2,270
of this section JUNE 14, 1988, holds proof of successful 2,272
completion of a course in medication administration approved by 2,273
the board of nursing shall be considered to be qualified to 2,274
administer medication as defined in division (F)(3) of section 2,275
4723.02 4723.01 of the Revised Code. 2,276
Sec. 4723.171. (A) A licensed practical nurse may perform 2,285
on any person any of the intravenous therapy procedures specified 2,287
in division (B) of this section without receiving authorization 2,288
to perform intravenous therapy from the board of nursing under 2,289
section 4723.48 4723.17 of the Revised Code, if both of the 2,290
following apply:
(1) The licensed practical nurse acts at the direction of 2,293
a registered nurse or a licensed physician, dentist, optometrist, 2,294
or podiatrist and the registered nurse, physician, dentist, 2,295
optometrist, or podiatrist is on the premises where the procedure 2,296
is to be performed or accessible by some form of
telecommunication. 2,297
(2) The licensed practical nurse can demonstrate the 2,300
knowledge, skills, and ability to perform the procedure safely. 2,301
(B) The intravenous therapy procedures that a licensed 2,303
practical nurse may perform pursuant to division (A) of this 2,304
section are limited to the following: 2,305
(1) Verification of the type of peripheral intravenous 2,307
solution being administered; 2,308
(2) Examination of a peripheral infusion site and the 2,310
extremity for possible infiltration; 2,311
(3) Regulation of a peripheral intravenous infusion 2,313
according to the prescribed flow rate; 2,314
(4) Discontinuation of a peripheral intravenous device at 2,316
the appropriate time; 2,317
(5) Performance of routine dressing changes at the 2,319
insertion site of a peripheral venous or arterial infusion, 2,320
51
peripherally inserted central catheter infusion, or central 2,321
venous pressure subclavian infusion. 2,322
Sec. 4723.24. (A) All active licenses issued under this 2,331
chapter shall be renewed biennially according to a schedule 2,332
established by the board of nursing. The board shall mail 2,333
PROVIDE an application for renewal to every holder of an active 2,335
license, EXCEPT WHEN THE BOARD IS AWARE THAT AN INDIVIDUAL IS 2,336
INELIGIBLE FOR LICENSE RENEWAL FOR ANY REASON, INCLUDING PENDING 2,337
CRIMINAL CHARGES IN THIS STATE OR ANOTHER JURISDICTION, FAILURE 2,338
TO COMPLY WITH A DISCIPLINARY ORDER FROM THE BOARD OR THE TERMS 2,339
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 2,340
BOARD'S REQUEST DOCUMENTATION OF HAVING COMPLETED THE CONTINUING 2,341
NURSING EDUCATION REQUIREMENTS SPECIFIED IN DIVISION (C) OF THIS 2,342
SECTION.
IF THE BOARD PROVIDES A RENEWAL APPLICATION BY MAIL, THE 2,344
APPLICATION SHALL BE addressed to the last known post-office 2,346
address of the holder AND MAILED before the date specified in the 2,347
board's schedule. Failure of the holder to receive an 2,349
application for renewal from the board shall not excuse the 2,350
holder from the requirements contained in this section. The 2,351
THE LICENSE holder shall complete the renewal form and 2,353
return it to the treasurer of state with the renewal fee required 2,354
by section 4723.08 of the Revised Code on or before the date 2,355
specified by the board. The LICENSE holder shall report any 2,356
CONVICTION, PLEA, OR JUDICIAL FINDING REGARDING A criminal 2,357
offense that constitutes grounds for denial of a license THE 2,359
BOARD TO IMPOSE SANCTIONS under section 4723.28 of the Revised 2,360
Code of which the holder has been found guilty or to which the 2,361
holder has entered a plea of guilty or no contest since the 2,362
submission of the holder's HOLDER last preceding SUBMITTED AN 2,363
application TO THE BOARD. The 2,364
THE treasurer shall immediately forward the renewal 2,366
application to the board, and on. ON receipt of the renewal 2,368
52
application, the board shall verify that the applicant meets the 2,369
renewal requirements and shall renew the license for the 2,370
following two-year period. If 2,371
IF a renewal application that meets the renewal 2,375
requirements is submitted after the date specified in the board's 2,376
schedule, but before expiration of the license, the board shall 2,377
grant a renewal upon payment of the late renewal fee authorized 2,378
under section 4723.08 of the Revised Code.
(B) Every LICENSE holder shall give written notice to the 2,380
board of any change of name or address within thirty days of the 2,382
change. The board shall require the holder to document a change 2,383
of name in a manner acceptable to the board. 2,384
(C)(1) Except in the case of a first renewal after 2,386
licensure by examination, effective January 1, 1992, to be 2,387
eligible for renewal of an active license to practice nursing as 2,388
a registered nurse or licensed practical nurse, each individual 2,389
who holds an active license must SHALL, in each two-year period 2,390
specified by the board, complete continuing nursing education as 2,392
follows:
(A)(a) For renewal of a license that was issued for a 2,394
two-year renewal period, twenty-four hours of continuing nursing 2,395
education; 2,396
(B)(b) For renewal of a license that was issued for less 2,398
than a two-year renewal period, the number of hours of continuing 2,400
nursing education specified by the board in rules adopted in 2,401
accordance with Chapter 119. of the Revised Code; 2,402
(c) OF THE HOURS OF CONTINUING NURSING EDUCATION COMPLETED 2,404
IN ANY RENEWAL PERIOD, AT LEAST ONE HOUR OF THE EDUCATION MUST BE 2,405
DIRECTLY RELATED TO THE STATUTES AND RULES PERTAINING TO THE 2,406
PRACTICE OF NURSING IN THIS STATE.
(2) The board shall adopt rules establishing the procedure 2,408
for an applicant A LICENSE HOLDER to certify to the board 2,409
completion of the REQUIRED continuing nursing education. 2,411
Continuing nursing education THE BOARD MAY CONDUCT A RANDOM 2,412
53
SAMPLE OF LICENSE HOLDERS AND REQUIRE THAT THE LICENSE HOLDERS 2,413
INCLUDED IN THE SAMPLE SUBMIT SATISFACTORY DOCUMENTATION OF 2,414
HAVING COMPLETED THE REQUIREMENTS FOR CONTINUING NURSING
EDUCATION. ON THE BOARD'S REQUEST, A LICENSE HOLDER INCLUDED IN 2,415
THE SAMPLE SHALL SUBMIT THE REQUIRED DOCUMENTATION. 2,416
(3) AN EDUCATIONAL ACTIVITY may be applied to meet this 2,420
TOWARD MEETING THE CONTINUING NURSING EDUCATION requirement ONLY 2,421
if it is obtained through a program or course approved by the 2,422
board or A person authorized by the board HAS AUTHORIZED TO 2,423
APPROVE CONTINUING NURSING EDUCATION PROGRAMS AND COURSES. On 2,425
request of the board, an applicant or license holder shall submit 2,426
satisfactory documentation of completion of the required
continuing nursing education. The 2,427
(4) THE continuing education required of a certified 2,430
registered nurse anesthetist, clinical nurse specialist, 2,431
certified nurse-midwife, or certified nurse practitioner to
obtain or maintain certification by a national certifying 2,433
organization shall be applied toward the applicant's continuing 2,435
education requirements for renewal of the applicant's A license 2,436
to practice nursing as a registered nurse.
(D) Except as otherwise provided in section 4723.28 of the 2,438
Revised Code, a LICENSE holder of a license who does not intend 2,439
to practice in Ohio may send to the board written notice to that 2,441
effect on or before the renewal date, and the board shall 2,442
classify the license as inactive. During the period that the 2,443
license is classified as inactive, the holder may not engage in 2,445
the practice of nursing in Ohio and is not required to pay the
renewal fee. 2,446
The holder of an inactive license or an individual who has 2,448
failed to renew the individual's license may have the license 2,449
restored or renewed upon meeting the requirements for restoring 2,451
and renewing licenses established in rules adopted under section 2,452
4723.07 of the Revised Code. 2,453
Sec. 4723.25. Not later than ninety days after the 2,462
54
effective date of this section, the THE board of nursing shall 2,464
approve one or more continuing education courses of study that 2,465
comply with divisions (E) and (F) of section 4723.07 of the 2,466
Revised Code and that assist registered nurses and licensed
practical nurses in recognizing the signs of domestic violence 2,467
and its relationship to child abuse. Nurses are not required to 2,468
take the courses.
Sec. 4723.28. As used in this section, "dangerous drug" 2,478
and "prescription" have the same meanings as in section 4729.01 2,480
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 2,482
conducted under Chapter 119. of the Revised Code and by a vote of 2,483
a quorum, may revoke or may refuse to grant a nursing license, 2,484
certificate of authority, or dialysis technician certificate to a 2,487
person found by the board to have committed fraud in passing an 2,488
examination required to obtain the license, certificate of 2,489
authority, or dialysis technician certificate or to have 2,490
committed fraud, misrepresentation, or deception in applying for 2,492
or securing any nursing license, certificate of authority, or 2,493
dialysis technician certificate issued by the board. 2,496
(B) The board of nursing, pursuant to an adjudication 2,498
conducted under Chapter 119. of the Revised Code and by a vote of 2,499
a quorum, may impose one or more of the following sanctions: 2,500
deny, revoke permanently, suspend, or place restrictions on any 2,501
nursing license, certificate of authority, or dialysis technician 2,503
certificate issued by the board; reprimand or otherwise 2,505
discipline a holder of a nursing license, certificate of 2,507
authority, or dialysis technician certificate; or impose a fine 2,508
of not more than five hundred dollars per violation. The 2,510
sanctions may be imposed for any of the following: 2,511
(1) Denial, revocation, suspension, or restriction of 2,513
authority to practice a health care occupation, including nursing 2,517
or practice as a dialysis technician, for any reason other than a 2,518
failure to renew, in Ohio or another state or jurisdiction; 2,519
55
(2) Engaging in the practice of nursing or engaging in 2,521
practice as a dialysis technician, having failed to renew a 2,523
nursing license or dialysis technician certificate issued under 2,524
this chapter, or while a nursing license or dialysis technician 2,525
certificate is under suspension; 2,526
(3) Conviction of, a plea of guilty to, or a judicial 2,528
finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A 2,529
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR 2,530
INTERVENTION IN LIEU OF CONVICTION FOR, a misdemeanor committed 2,531
in the course of practice; 2,532
(4) Conviction of, a plea of guilty to, or a judicial 2,534
finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A 2,535
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR 2,536
INTERVENTION IN LIEU OF CONVICTION FOR, any felony or of any 2,538
crime involving gross immorality or moral turpitude; 2,539
(5) Selling, giving away, or administering drugs or 2,541
therapeutic devices for other than legal and legitimate 2,542
therapeutic purposes; or conviction of, a plea of guilty to, or a 2,543
judicial finding of guilt of, A JUDICIAL FINDING OF GUILT 2,544
RESULTING FROM A PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF 2,545
ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR, violating 2,546
any municipal, state, county, or federal drug law; 2,547
(6) Conviction of, a plea of guilty to, or a judicial 2,549
finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A 2,550
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR 2,551
INTERVENTION IN LIEU OF CONVICTION FOR, an act in another 2,552
jurisdiction that would constitute a felony or a crime of moral 2,554
turpitude in Ohio;
(7) Conviction of, a plea of guilty to, or a judicial 2,556
finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A 2,557
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR 2,558
INTERVENTION IN LIEU OF CONVICTION FOR, an act in the course of 2,559
practice in another jurisdiction that would constitute a 2,561
misdemeanor in Ohio;
56
(8) Self-administering or otherwise taking into the body 2,563
any dangerous drug, AS DEFINED IN SECTION 4729.01 OF THE REVISED 2,564
CODE, in any way not in accordance with a legal, valid 2,566
prescription ISSUED FOR THAT INDIVIDUAL;
(9) Habitual indulgence in the use of controlled 2,568
substances, other habit-forming drugs, or alcohol or other 2,569
chemical substances to an extent that impairs ability to 2,570
practice; 2,571
(10) Impairment of the ability to practice according to 2,573
acceptable and prevailing standards of safe nursing care because 2,574
of habitual or excessive use of drugs, alcohol, or other chemical 2,577
substances that impair the ability to practice; 2,578
(11) Impairment of the ability to practice according to 2,580
acceptable and prevailing standards of safe nursing care because 2,581
of a physical or mental disability; 2,582
(12) Assaulting or causing harm to a patient or depriving 2,584
a patient of the means to summon assistance; 2,585
(13) Obtaining or attempting to obtain money or anything 2,587
of value by intentional misrepresentation or material deception 2,588
in the course of practice; 2,589
(14) Adjudication by a probate court of being mentally ill 2,591
or mentally incompetent. The board may restore the person's 2,592
nursing license or dialysis technician certificate upon 2,593
adjudication by a probate court of the person's restoration to 2,594
competency or upon submission to the board of other proof of 2,595
competency.
(15) The suspension or termination of employment by the 2,597
department of defense or the veterans administration of the 2,598
United States for any act that violates or would violate this 2,599
chapter; 2,600
(16) Violation of this chapter or any rules adopted under 2,602
it; 2,603
(17) Violation of any restrictions placed on a nursing 2,605
license or dialysis technician certificate by the board; 2,607
57
(18) Failure to use universal blood and body fluid 2,609
precautions established by rules adopted under section 4723.07 of 2,610
the Revised Code; 2,611
(19) Failure to practice in accordance with acceptable and 2,614
prevailing standards of safe nursing care or safe dialysis care; 2,615
(20) In the case of a registered nurse, engaging in 2,617
activities that exceed the practice of nursing as a registered 2,618
nurse under section 4723.02 of the Revised Code; 2,619
(21) In the case of a licensed practical nurse, engaging 2,621
in activities that exceed the practice of nursing as a licensed 2,622
practical nurse under section 4723.02 of the Revised Code; 2,623
(22) In the case of a dialysis technician, engaging in 2,625
activities that exceed those permitted under section 4723.72 of 2,626
the Revised Code;
(23) Aiding and abetting a person in that person's 2,629
practice of nursing without a license or practice as a dialysis 2,630
technician without a certificate issued under this chapter; 2,631
(24) In the case of a certified registered nurse 2,633
anesthetist, clinical nurse specialist, certified nurse-midwife, 2,636
or certified nurse practitioner, or a registered nurse approved 2,637
as an advanced practice nurse under section 4723.55 of the 2,638
Revised Code, EXCEPT AS PROVIDED IN DIVISION (M) OF THIS SECTION, 2,640
either of the following:
(a) Waiving the payment of all or any part of a deductible 2,642
or copayment that a patient, pursuant to a health insurance or 2,643
health care policy, contract, or plan that covers such nursing 2,644
services, would otherwise be required to pay if the waiver is 2,645
used as an enticement to a patient or group of patients to 2,646
receive health care services from that provider; 2,647
(b) Advertising that the nurse will waive the payment of 2,649
all or any part of a deductible or copayment that a patient, 2,650
pursuant to a health insurance or health care policy, contract, 2,651
or plan that covers such nursing services, would otherwise be 2,652
required to pay. 2,653
58
(25) Failure to comply with the terms and conditions of 2,655
participation in the alternative CHEMICAL DEPENDENCY MONITORING 2,657
program for chemical dependency created by ESTABLISHED UNDER 2,659
section 4723.35 of the Revised Code; 2,660
(26) Failure to comply with the terms and conditions 2,662
required under the practice intervention and improvement program 2,664
established under section 4723.282 of the Revised Code; 2,665
(27) In the case of a certified registered nurse 2,667
anesthetist, clinical nurse specialist, certified nurse-midwife, 2,670
or certified nurse practitioner: 2,671
(a) Engaging in activities that exceed those permitted for 2,674
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 2,675
(b) Failure to meet the quality assurance standards 2,677
established under section 4723.07 of the Revised Code. 2,679
(28) In the case of a clinical nurse specialist, certified 2,682
nurse-midwife, or certified nurse practitioner, failure to 2,683
maintain a standard care arrangement in accordance with section 2,684
4723.431 of the Revised Code or to practice in accordance with 2,685
the standard care arrangement; 2,686
(28)(29) In the case of a clinical nurse specialist, 2,689
certified nurse-midwife, or certified nurse practitioner who 2,690
holds a certificate to prescribe issued under section 4723.48 of 2,691
the Revised Code, failure to prescribe drugs and therapeutic 2,693
devices in accordance with section 4723.481 of the Revised Code; 2,694
(29)(30) Prescribing any drug or device to perform or 2,697
induce an abortion, or otherwise performing or inducing an
abortion; 2,698
(30) Failure to return to the board a license or 2,700
certificate issued under this chapter that has lapsed or been 2,702
suspended or revoked. 2,703
(29)(31) FAILURE TO ESTABLISH AND MAINTAIN PROFESSIONAL 2,705
BOUNDARIES WITH A PATIENT, AS SPECIFIED IN RULES ADOPTED UNDER 2,706
SECTION 4723.07 OF THE REVISED CODE; 2,707
59
(32) Regardless of whether the contact or verbal behavior 2,709
is consensual, engaging with a patient other than the spouse of 2,710
the registered nurse, licensed practical nurse, or dialysis 2,711
technician in any of the following: 2,712
(a) Sexual contact, as defined in section 2907.01 of the 2,714
Revised Code;
(b) Verbal behavior that is sexually demeaning to the 2,716
patient or may be reasonably interpreted by the patient as 2,717
sexually demeaning.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 2,719
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 2,720
AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF THE REVISED CODE, 2,721
EXCEPT THAT IN LIEU OF A HEARING, THE BOARD MAY ENTER INTO A 2,722
CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF 2,723
A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A
CONSENT AGREEMENT, WHEN RATIFIED BY A VOTE OF A QUORUM, SHALL 2,724
CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO 2,725
THE MATTER ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO 2,726
RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED 2,727
IN THE AGREEMENT SHALL BE OF NO EFFECT.
(D) THE HEARINGS OF THE BOARD SHALL BE CONDUCTED IN 2,729
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. THE BOARD MAY 2,730
APPOINT A HEARING EXAMINER, AS PROVIDED IN SECTION 119.09 OF THE 2,731
REVISED CODE, TO CONDUCT ANY HEARING THE BOARD IS AUTHORIZED TO 2,733
HOLD UNDER CHAPTER 119. OF THE REVISED CODE.
IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED UNDER 2,735
CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF AN OPPORTUNITY 2,736
FOR A HEARING AND THE APPLICANT OR LICENSE HOLDER DOES NOT MAKE A 2,737
TIMELY REQUEST FOR A HEARING IN ACCORDANCE WITH SECTION 119.07 OF 2,738
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 2,739
THE BOARD'S FINDINGS. IN THE FINAL ORDER, THE BOARD MAY ORDER 2,740
ANY OF THE SANCTIONS LISTED IN DIVISION (A) OR (B) OF THIS 2,741
SECTION.
60
(E) If a criminal action is brought against a registered 2,743
nurse, licensed practical nurse, or dialysis technician for an 2,746
act or crime described in divisions (B)(3) to (7) of this section 2,748
and the action is dismissed by the trial court other than on the 2,749
merits, the board shall hold CONDUCT an adjudication hearing to 2,750
determine whether the registered nurse, licensed practical nurse, 2,751
or dialysis technician committed the act on which the action was 2,753
based. If the board determines on the basis of the hearing 2,754
ADJUDICATION that the registered nurse, licensed practical nurse, 2,755
or dialysis technician committed the act, or if the registered 2,756
nurse, licensed practical nurse, or dialysis technician fails to 2,757
participate in the hearing ADJUDICATION, the board may take 2,759
action as though the registered nurse, licensed practical nurse, 2,760
or dialysis technician had been convicted of the act. 2,761
If the board takes action on the basis of a conviction, 2,763
plea of guilty, or a judicial determination of guilt FINDING as 2,765
described in divisions (B)(3) to (7) of this section that is 2,766
overturned on appeal, the registered nurse, licensed practical 2,767
nurse, or dialysis technician may, on exhaustion of the appeal 2,768
process, petition the board for reconsideration of its action. 2,769
On receipt of the petition and supporting court documents, the 2,770
board shall temporarily rescind its action. If the board 2,771
determines that the decision on appeal was a decision on the 2,772
merits, it shall permanently rescind its action. If the board 2,773
determines that the decision on appeal was not a decision on the 2,774
merits, it shall hold CONDUCT an adjudicatory hearing 2,775
ADJUDICATION to determine whether the registered nurse, licensed 2,777
practical nurse, or dialysis technician committed the act on 2,778
which the original conviction, plea, or judicial determination 2,779
FINDING was based. If the board determines on the basis of the 2,781
hearing ADJUDICATION that the registered nurse, licensed 2,783
practical nurse, or dialysis technician committed such act, or if 2,784
the registered nurse, licensed practical nurse, or dialysis 2,785
technician does not request a hearing AN ADJUDICATION, the board 2,786
61
shall reinstate its action; otherwise, the board shall 2,788
permanently rescind its action.
Notwithstanding the provision of division (C)(2) of section 2,790
2953.32 of the Revised Code specifying that if records pertaining 2,791
to a criminal case are sealed under that section the proceedings 2,792
in the case shall be deemed not to have occurred, sealing of the 2,793
records of a conviction on which the board has based an action 2,794
under this section shall have no effect on the board's action or 2,795
any sanction imposed by the board under this section. 2,796
(D) In enforcing division (B) of THE BOARD SHALL NOT BE 2,799
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 2,800
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 2,801
(F) THE BOARD MAY INVESTIGATE AN INDIVIDUAL'S CRIMINAL 2,803
BACKGROUND IN PERFORMING ITS DUTIES UNDER THIS SECTION. 2,804
(G) DURING THE COURSE OF AN INVESTIGATION CONDUCTED UNDER 2,806
this section, the board may compel any registered nurse, licensed 2,809
practical nurse, or dialysis technician or applicant under this
chapter to submit to a mental or physical examination, or both, 2,812
as required by the board and at the expense of the individual, IF 2,813
THE BOARD FINDS REASON TO BELIEVE THAT THE INDIVIDUAL UNDER 2,814
INVESTIGATION MAY HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT MAY 2,815
AFFECT THE INDIVIDUAL'S ABILITY TO PROVIDE SAFE NURSING CARE.
Failure of any individual to submit to a mental or physical 2,817
examination when directed constitutes an admission of the 2,818
allegations, unless the failure is due to circumstances beyond 2,819
the individual's control, and a default and final order may be 2,820
entered without the taking of testimony or presentation of 2,821
evidence. If
IF the board finds that an individual is impaired, the 2,824
board shall require the individual to submit to care, counseling, 2,825
or treatment approved or designated by the board, as a condition 2,826
for initial, continued, reinstated, or renewed authority to 2,827
practice. The individual shall be afforded an opportunity to 2,829
demonstrate to the board that the individual can BEGIN OR resume 2,830
62
the individual's occupation in compliance with acceptable and 2,831
prevailing standards OF CARE under the provisions of the 2,833
individual's authority to practice. For the purpose 2,835
FOR PURPOSES of this section DIVISION, any registered 2,839
nurse, licensed practical nurse, or dialysis technician or
applicant under this chapter shall be deemed to have given 2,841
consent to submit to a mental or physical examination when 2,842
directed to do so in writing by the board, and to have waived all 2,843
objections to the admissibility of testimony or examination 2,844
reports that constitute a privileged communication. 2,845
(E)(H) The board shall investigate evidence that appears 2,847
to show that any person has violated any provision of this 2,848
chapter or any rule of the board. Any person may report to the 2,849
board any information the person may have that appears to show a 2,850
violation of any provision of this chapter or rule of the board. 2,851
In the absence of bad faith, any person who reports such 2,852
information or who testifies before the board in any adjudication 2,853
conducted under Chapter 119. of the Revised Code shall not be 2,854
liable for civil damages as a result of the report or testimony. 2,855
(I) ALL OF THE FOLLOWING APPLY UNDER THIS CHAPTER WITH 2,857
RESPECT TO THE CONFIDENTIALITY OF INFORMATION: 2,858
(1) Information received by the board pursuant to an 2,860
investigation is confidential and not subject to discovery in any 2,861
civil action, except that the board may disclose information to 2,862
law enforcement officers and government entities investigating a 2,863
registered nurse, licensed practical nurse, or dialysis 2,864
technician OR A PERSON WHO MAY HAVE ENGAGED IN THE UNAUTHORIZED 2,865
PRACTICE OF NURSING. No law enforcement officer or government 2,866
entity with knowledge of any information disclosed by the board 2,867
pursuant to this division shall divulge the information to any 2,868
other person or government entity except for the purpose of an 2,869
adjudication by a court or licensing or registration board or 2,870
officer to which the person to whom the information relates is a
party. 2,871
63
(2) If the AN investigation requires a review of patient 2,874
records, the investigation and proceeding shall be conducted in 2,875
such a manner as to protect patient confidentiality. 2,876
(3) All hearings ADJUDICATIONS and investigations of the 2,879
board shall be considered civil actions for the purposes of 2,880
section 2305.251 of the Revised Code. 2,881
The hearings of the board shall be conducted in accordance 2,883
with Chapter 119. of the Revised Code. The board may appoint a 2,884
hearing examiner as provided in section 119.09 to conduct any 2,885
hearing the board is empowered to hold under Chapter 119. of the 2,886
Revised Code. 2,887
In the absence of fraud or bad faith, neither the board nor 2,889
any current or former members, agents, representatives, or 2,890
employees of the board shall be held liable in damages to any 2,891
person as the result of any act, omission, proceeding, conduct, 2,892
or decision related to their official duties undertaken or 2,893
performed pursuant to this chapter. If a current or former 2,894
member, agent, representative, or employee requests the state to 2,895
defend the individual against any claim or action arising out of 2,896
any act, omission, proceeding, conduct, or decision related to 2,898
the individual's official duties, if the request is made in 2,900
writing at a reasonable time before trial, and if the individual 2,901
requesting defense cooperates in good faith in the defense of the 2,902
claim or action, the state shall provide and pay for such defense 2,903
and shall pay any resulting judgment, compromise, or settlement. 2,904
At no time shall the state pay that part of a claim or judgment 2,905
that is for punitive or exemplary damages. 2,906
(F)(4) ANY BOARD ACTIVITY THAT INVOLVES CONTINUED 2,908
MONITORING OF AN INDIVIDUAL AS PART OF OR FOLLOWING ANY 2,909
DISCIPLINARY ACTION TAKEN UNDER THIS SECTION SHALL BE CONDUCTED 2,910
IN A MANNER THAT MAINTAINS THE INDIVIDUAL'S CONFIDENTIALITY. 2,911
INFORMATION RECEIVED OR MAINTAINED BY THE BOARD WITH RESPECT TO 2,912
THE BOARD'S MONITORING ACTIVITIES IS CONFIDENTIAL AND NOT SUBJECT 2,913
TO DISCOVERY IN ANY CIVIL ACTION.
64
(J) Any action taken by the board under this section 2,915
resulting in a suspension from practice shall be accompanied by a 2,916
written statement of the conditions under which the person may be 2,917
reinstated to practice. 2,918
(G)(K) WHEN THE BOARD REFUSES TO GRANT A LICENSE OR 2,920
CERTIFICATE TO AN APPLICANT, REVOKES A LICENSE OR CERTIFICATE, OR 2,922
REFUSES TO REINSTATE A LICENSE OR CERTIFICATE, THE BOARD MAY
SPECIFY THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO 2,923
PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER INELIGIBLE TO HOLD 2,924
A LICENSE OR CERTIFICATE OF THE TYPE THAT WAS REFUSED OR REVOKED 2,925
AND THE BOARD SHALL NOT ACCEPT FROM THE INDIVIDUAL AN APPLICATION 2,926
FOR REINSTATEMENT OF THE LICENSE OR CERTIFICATE OR FOR A NEW 2,927
LICENSE OR CERTIFICATE.
(L) No unilateral surrender of a nursing license, 2,929
certificate of authority, or dialysis technician certificate 2,930
issued under this chapter shall be effective unless accepted by 2,932
majority vote of the board. No application for a nursing 2,933
license, certificate of authority, or dialysis technician 2,934
certificate issued under this chapter may be withdrawn without a 2,935
majority vote of the board. THE BOARD'S JURISDICTION TO TAKE 2,936
DISCIPLINARY ACTION UNDER THIS SECTION IS NOT REMOVED OR LIMITED 2,937
WHEN AN INDIVIDUAL HAS A LICENSE OR CERTIFICATE CLASSIFIED AS 2,938
INACTIVE OR FAILS TO RENEW A LICENSE OR CERTIFICATE.
(H) Notwithstanding division (B)(24) of this section, 2,940
sanctions (M) SANCTIONS shall not be imposed UNDER DIVISION 2,942
(B)(24) OF THIS SECTION against any licensee who waives
deductibles and copayments AS FOLLOWS: 2,943
(1) In compliance with the health benefit plan that 2,945
expressly allows such a practice. Waiver of the deductibles or 2,946
copayments shall be made only with the full knowledge and consent 2,947
of the plan purchaser, payer, and third-party administrator. The 2,948
DOCUMENTATION OF THE consent shall be made available to the board 2,950
upon request.
(2) For professional services rendered to any other person 2,952
65
licensed pursuant to this chapter to the extent allowed by this 2,953
chapter and the rules of the board. 2,954
(I) The holder of a license or certificate issued under 2,956
this chapter shall return to the board a license or certificate 2,957
that has lapsed or been suspended or revoked. 2,958
Sec. 4723.281. (A) As used in this section, with regard 2,967
to offenses committed in Ohio, "aggravated murder," "murder," 2,968
"voluntary manslaughter," "felonious assault," "kidnapping," 2,969
"rape," "sexual battery," "GROSS SEXUAL IMPOSITION," "aggravated 2,971
arson," "AGGRAVATED ROBBERY," and "aggravated burglary" mean such 2,972
offenses as defined in Title XXIX of the Revised Code; with 2,973
regard to offenses committed in other jurisdictions, the terms 2,974
mean offenses comparable to offenses defined in Title XXIX of the 2,975
Revised Code.
(B) The board of nursing may impose a summary suspension 2,977
without a hearing on a person who holds a nursing license or 2,979
dialysis technician certificate issued under this chapter if it 2,980
determines that there is evidence that the license or certificate 2,981
holder is subject to actions under division (B) of section 2,983
4723.28 of the Revised Code and that WHEN there is clear and 2,984
convincing evidence that continued practice by the license or 2,986
certificate holder AN INDIVIDUAL LICENSED UNDER THIS CHAPTER 2,987
presents a danger of immediate and serious harm to the public. 2,989
The, AS DETERMINED ON CONSIDERATION OF THE EVIDENCE BY THE 2,990
president and the executive director of the board OF NURSING, THE 2,991
PRESIDENT AND DIRECTOR shall make a preliminary determination and 2,993
describe the evidence on which they made their determination to 2,994
the other members of the board. The board may by resolution 2,995
designate another board member to act in place of the president 2,996
of the board and another employee to act in the place of the 2,997
executive director, in the event that the board president or 2,998
executive director is unavailable or unable to act. On 2,999
consideration of the evidence, the board may by an affirmative
vote of seven members, not including the president of the board 3,000
66
or the person named to act in place of the president, impose ON 3,001
the INDIVIDUAL A summary suspension WITHOUT A HEARING. The 3,002
description of the evidence and information may be given and the 3,004
vote taken by telephone conference call AN INDIVIDUAL SERVING AS 3,005
PRESIDENT OR EXECUTIVE DIRECTOR IN THE ABSENCE OF THE PRESIDENT 3,006
OR EXECUTIVE DIRECTOR MAY TAKE ANY ACTION THAT THIS SECTION 3,007
REQUIRES OR AUTHORIZES THE PRESIDENT OR EXECUTIVE DIRECTOR TO 3,008
TAKE.
Immediately following the decision to impose a summary 3,010
suspension under this division, the board shall issue a written 3,011
order of suspension and cause it to be delivered by certified 3,012
mail or in person in accordance with section 119.07 of the 3,013
Revised Code. The order shall not be subject to suspension by 3,014
the court during the pendency of any appeal filed under section 3,015
119.12 of the Revised Code. If the license or certificate holder 3,016
INDIVIDUAL SUBJECT TO THE SUSPENSION requests an adjudication 3,018
hearing, the date set for the hearing ADJUDICATION shall be 3,019
within fifteen days but not earlier than seven days after the 3,020
license or certificate holder has requested a hearing INDIVIDUAL 3,021
MAKES THE REQUEST, unless another date is agreed to by both the 3,024
license or certificate holder INDIVIDUAL and the board. The 3,025
summary suspension shall remain in effect, unless reversed by the 3,027
board, until a final adjudication order issued by the board 3,028
pursuant to this section and Chapter 119. of the Revised Code 3,029
becomes effective. 3,030
The board shall issue its final adjudication order within 3,032
ninety days after completion of the hearing ADJUDICATION. If the 3,034
board does not issue such A FINAL order within the ninety-day 3,035
period, the summary suspension shall be void, but any final 3,037
adjudication order issued subsequent to the ninety-day period 3,038
shall not be affected.
(C) The license or certificate of a registered nurse, 3,040
licensed practical nurse, or dialysis technician ISSUED TO AN 3,042
INDIVIDUAL UNDER THIS CHAPTER is automatically suspended on that 3,043
67
person's INDIVIDUAL'S conviction OF, plea of guilty TO, or 3,045
judicial determination of guilt of FINDING WITH REGARD TO any of 3,046
the following in Ohio or any other jurisdiction of the United 3,047
States: aggravated murder, murder, voluntary manslaughter, 3,048
felonious assault, kidnapping, rape, sexual battery, GROSS SEXUAL 3,049
IMPOSITION, aggravated arson, AGGRAVATED ROBBERY, or aggravated 3,051
burglary. The suspension shall remain in effect from the date of 3,052
the conviction, plea, or finding until an adjudicatory hearing 3,053
ADJUDICATION is held under Chapter 119. of the Revised Code. If 3,055
the board has knowledge that an automatic suspension has 3,056
occurred, it shall notify the registered nurse, licensed 3,057
practical nurse, or dialysis technician INDIVIDUAL SUBJECT TO THE 3,058
SUSPENSION. If the registered nurse, licensed practical nurse, 3,059
or dialysis technician INDIVIDUAL is notified and either fails to 3,060
request an adjudicatory hearing ADJUDICATION within the time 3,062
periods established by Chapter 119. of the Revised Code or fails 3,064
to participate in the hearing ADJUDICATION, the board may SHALL 3,066
enter a final order PERMANENTLY revoking the person's license or 3,067
certificate. 3,068
Sec. 4723.282. (A) As used in this section, "practice 3,078
deficiency" means any activity that does not meet acceptable and 3,079
prevailing standards of safe and effective nursing care or 3,080
dialysis care.
(B) The board of nursing may abstain from taking 3,082
disciplinary action under section 4723.28 of the Revised Code 3,084
against the holder of a license or certificate issued under this 3,085
chapter who has a practice deficiency that has been identified by 3,086
the board through an investigation conducted under section 3,087
4723.28 of the Revised Code. The board may abstain from taking 3,088
action only if the board has reason to believe that the 3,089
individual's practice deficiency can be corrected through 3,090
remediation, and if the individual enters into an agreement with 3,091
the board to seek remediation as prescribed by the board, 3,092
complies with the terms and conditions of the remediation, and 3,093
68
successfully completes the remediation. If an individual fails 3,094
to complete the remediation or the board determines that 3,095
remediation cannot correct the individual's practice deficiency, 3,096
the board shall proceed with disciplinary action in accordance 3,097
with section 4723.28 of the Revised Code. 3,098
(C) To implement its authority under this section to 3,100
abstain from taking disciplinary action, the board shall 3,101
establish a practice intervention and improvement program. The 3,102
board shall designate an administrator to operate the program 3,103
and, in accordance with Chapter 119. of the Revised Code, adopt 3,105
rules for the program that establish the following: 3,106
(1) Criteria for use in identifying an individual's 3,108
practice deficiency; 3,109
(2) Requirements that an individual must meet to be 3,111
eligible for remediation and the board's abstention from 3,112
disciplinary action; 3,113
(3) Standards and procedures for prescribing remediation 3,115
that is appropriate for an individual's identified practice 3,116
deficiency; 3,117
(4) Terms and conditions that an individual must meet to 3,119
be successful in completing the remediation prescribed; 3,120
(5) Procedures for the board's monitoring of the 3,122
individual's remediation; 3,123
(6) Procedures for maintaining confidential records 3,125
regarding individuals who participate in remediation; 3,126
(7) Any other requirements or procedures necessary to 3,128
develop and administer the program. 3,129
(D) All records held by the board for purposes of the 3,131
program shall be confidential, are not public records for 3,132
purposes of section 149.43 of the Revised Code, and are not 3,134
subject to discovery by subpoena or admissible as evidence in any 3,135
judicial proceeding. The administrator of the program shall 3,136
maintain all records in the board's office in accordance with the 3,137
board's record retention schedule.
69
(E) When an individual begins the remediation prescribed 3,140
by the board, the individual shall sign a waiver permitting any 3,141
entity that provides services related to the remediation to 3,142
release to the board information regarding the individual's 3,143
progress. An entity that provides services related to 3,144
remediation shall report to the board if the individual fails to 3,145
complete the remediation OR DOES NOT MAKE SATISFACTORY PROGRESS
IN REMEDIATION. 3,146
In the absence of fraud or bad faith, an entity that 3,148
reports to the board regarding an individual's practice 3,149
deficiency, or progress or lack of progress in remediation, is 3,150
not liable in damages to any person as a result of making the 3,151
report.
(F) An individual participating in remediation prescribed 3,154
under this section is responsible for all financial obligations 3,155
that may arise from obtaining or completing the remediation. 3,156
Sec. 4723.32. This chapter does not prohibit ANY OF THE 3,165
FOLLOWING:
(A) The practice of nursing by students as an integral 3,167
part of a program of study leading to initial licensure and A 3,168
STUDENT CURRENTLY ENROLLED IN AND ACTIVELY PURSUING COMPLETION OF 3,169
A PRELICENSURE NURSING EDUCATION PROGRAM approved by the board of 3,170
nursing, IF THE STUDENT'S PRACTICE IS UNDER THE AUSPICES OF THE 3,172
PROGRAM AND THE STUDENT ACTS UNDER THE SUPERVISION OF A 3,173
REGISTERED NURSE SERVING FOR THE PROGRAM AS A FACULTY MEMBER, 3,174
TEACHING ASSISTANT, OR PRECEPTOR;
(B) The practice of nursing by a person currently licensed 3,177
in another jurisdiction who is employed by the United States 3,178
government or any agency thereof while in the discharge of
official duties; 3,179
(C) The rendering of medical assistance to a licensed 3,181
physician, licensed dentist, or licensed podiatrist by a person 3,182
under the direction, supervision, and control of such licensed 3,183
physician, dentist, or podiatrist; 3,184
70
(D)(C) The activities of persons employed as nursing 3,186
aides, attendants, orderlies, or other auxiliary workers in 3,187
patient homes, nurseries, nursing homes, hospitals, home health 3,188
agencies, or other similar institutions; 3,189
(E) The practice of nursing by any registered nurse or 3,191
licensed practical nurse currently licensed in another 3,192
jurisdiction who is employed by an individual, agency, or 3,193
corporation located in that jurisdiction and whose employment 3,194
responsibilities include transporting patients into, out of, or 3,195
through this jurisdiction, so long as each trip does not exceed 3,196
forty-eight hours in this state; 3,197
(F)(D) The provision of nursing services to family members 3,199
or in emergency situations; 3,200
(G)(E) The care of the sick when done in connection with 3,203
the practice of religious tenets of any church and by OR FOR its 3,204
members;
(H)(F) The practice of nursing as a certified registered 3,206
nurse anesthetist, clinical nurse specialist, certified 3,208
nurse-midwife, or certified nurse practitioner by a student as an 3,209
integral part CURRENTLY ENROLLED IN AND ACTIVELY PURSUING 3,210
COMPLETION of a program of study leading to initial authorization 3,211
by the board to practice nursing in the specialty, if the program 3,212
qualifies the student to sit for the examination of a national 3,213
certifying organization listed in division (A)(3) of section 3,214
4723.41 of the Revised Code or approved by the board under
section 4723.46 of the Revised Code, or prepares the student to 3,216
receive a master's degree in accordance with division (A)(2) of 3,217
section 4723.41 of the Revised Code;
(G) THE ACTIVITIES OF AN INDIVIDUAL WHO CURRENTLY HOLDS A 3,220
LICENSE TO PRACTICE NURSING IN ANOTHER JURISDICTION, IF THE 3,221
INDIVIDUAL'S LICENSE HAS NOT BEEN REVOKED, THE INDIVIDUAL IS NOT 3,222
CURRENTLY UNDER SUSPENSION OR ON PROBATION, THE INDIVIDUAL DOES 3,223
NOT REPRESENT THE INDIVIDUAL AS BEING LICENSED UNDER THIS 3,224
CHAPTER, AND ONE OF THE FOLLOWING IS THE CASE: 3,225
71
(1) THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING 3,227
BY DISCHARGING OFFICIAL DUTIES WHILE EMPLOYED BY OR UNDER 3,228
CONTRACT WITH THE UNITED STATES GOVERNMENT OR ANY AGENCY THEREOF; 3,231
(2) THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING 3,233
AS AN EMPLOYEE OF AN INDIVIDUAL, AGENCY, OR CORPORATION LOCATED 3,234
IN THE OTHER JURISDICTION IN A POSITION WITH EMPLOYMENT 3,235
RESPONSIBILITIES THAT INCLUDE TRANSPORTING PATIENTS INTO, OUT OF, 3,236
OR THROUGH THIS STATE, AS LONG AS EACH TRIP IN THIS STATE DOES 3,237
NOT EXCEED SEVENTY-TWO HOURS; 3,238
(3) THE INDIVIDUAL IS CONSULTING WITH AN INDIVIDUAL 3,240
LICENSED IN THIS STATE TO PRACTICE ANY HEALTH-RELATED PROFESSION; 3,241
(4) THE INDIVIDUAL IS ENGAGING IN ACTIVITIES ASSOCIATED 3,243
WITH TEACHING IN THIS STATE AS A GUEST LECTURER AT OR FOR A 3,245
NURSING EDUCATION PROGRAM, CONTINUING NURSING EDUCATION PROGRAM, 3,246
OR IN-SERVICE PRESENTATION; 3,247
(5) THE INDIVIDUAL IS CONDUCTING EVALUATIONS OF NURSING 3,249
CARE THAT ARE UNDERTAKEN ON BEHALF OF AN ACCREDITING 3,251
ORGANIZATION, INCLUDING THE NATIONAL LEAGUE FOR NURSING 3,252
ACCREDITING COMMITTEE, THE JOINT COMMISSION ON ACCREDITATION OF 3,253
HEALTHCARE ORGANIZATIONS, OR ANY OTHER NATIONALLY RECOGNIZED 3,254
ACCREDITING ORGANIZATION;
(6) THE INDIVIDUAL IS PROVIDING NURSING CARE TO AN 3,256
INDIVIDUAL WHO IS IN THIS STATE ON A TEMPORARY BASIS, NOT TO 3,257
EXCEED SIX MONTHS IN ANY ONE CALENDAR YEAR, IF THE NURSE IS 3,258
DIRECTLY EMPLOYED BY OR UNDER CONTRACT WITH THE INDIVIDUAL OR A 3,259
GUARDIAN OR OTHER PERSON ACTING ON THE INDIVIDUAL'S BEHALF; 3,260
(7) THE INDIVIDUAL IS PROVIDING NURSING CARE DURING ANY 3,262
DISASTER, NATURAL OR OTHERWISE, THAT HAS BEEN OFFICIALLY DECLARED 3,263
TO BE A DISASTER BY A PUBLIC ANNOUNCEMENT ISSUED BY AN 3,264
APPROPRIATE FEDERAL, STATE, COUNTY, OR MUNICIPAL OFFICIAL. 3,265
Sec. 4723.33. A REGISTERED NURSE, LICENSED PRACTICAL 3,267
NURSE, OR DIALYSIS TECHNICIAN WHO IN GOOD FAITH MAKES A REPORT 3,268
UNDER THIS CHAPTER OR ANY OTHER PROVISION OF THE REVISED CODE 3,269
REGARDING A VIOLATION OF THIS CHAPTER OR ANY OTHER PROVISION OF 3,270
72
THE REVISED CODE, OR PARTICIPATES IN ANY INVESTIGATION,
ADMINISTRATIVE PROCEEDING, OR JUDICIAL PROCEEDING RESULTING FROM 3,271
THE REPORT, HAS THE FULL PROTECTION AGAINST RETALIATORY ACTION 3,272
PROVIDED BY SECTIONS 4113.51 TO 4113.53 OF THE REVISED CODE. 3,273
Sec. 4723.34. (A) REPORTS TO THE BOARD OF NURSING SHALL 3,282
BE MADE AS FOLLOWS: 3,283
(1) Every employer of registered nurses, licensed 3,286
practical nurses, or dialysis technicians shall report to the 3,287
board of nursing the name of any person CURRENT OR FORMER 3,288
EMPLOYEE who holds a nursing license or dialysis technician 3,290
certificate issued under this chapter whose employment WHO has 3,292
been terminated voluntarily or involuntarily because of ENGAGED 3,293
IN conduct that would be grounds for disciplinary action by the 3,295
board under division (B) of section 4723.28 of the Revised Code. 3,296
(B)(2) Nursing associations shall report to the board the 3,298
name of any registered nurse or licensed practical nurse AND 3,299
DIALYSIS TECHNICIAN ASSOCIATIONS SHALL REPORT TO THE BOARD THE 3,300
NAME OF ANY DIALYSIS TECHNICIAN who has been investigated and 3,302
found to constitute a danger to the public health, safety, and 3,303
welfare because of conduct that would be grounds for disciplinary 3,304
action by the board under section 4723.28 of the Revised Code, 3,305
except that a nursing AN association is not required to report 3,307
the INDIVIDUAL'S name of such a nurse if the nurse INDIVIDUAL is 3,308
maintaining satisfactory participation in a peer support program 3,309
approved by the board under rules adopted under section 4723.07 3,310
of the Revised Code. 3,311
(C)(3) If the prosecutor in a case described in divisions 3,313
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a 3,314
case where the trial court issued an order of dismissal upon 3,315
technical or procedural grounds of a charge of a misdemeanor 3,316
committed in the course of practice, a felony charge, or a charge 3,317
of gross immorality or moral turpitude, knows or has reason to 3,318
believe that the person charged is licensed under this chapter to 3,319
practice nursing as a registered nurse or as a licensed practical 3,320
73
nurse or holds a certificate issued under this chapter to 3,322
practice as a dialysis technician, the prosecutor shall notify
the board of nursing on forms prescribed and provided by the 3,324
board. The report shall include the name and address of the 3,325
license or certificate holder, the charge, and the certified 3,327
court documents recording the action.
(D)(B) If any person fails to provide a report required by 3,329
this section, the board may seek an order from a court of 3,330
competent jurisdiction compelling submission of the report. 3,331
Sec. 4723.341. (A) As used in this section, "person" has 3,340
the same meaning as in section 1.59 of the Revised Code and also 3,341
includes the board of nursing and its members and employees; 3,342
health care facilities, associations, and societies; insurers; 3,343
and individuals. 3,344
(B) In the absence of fraud or bad faith, no person 3,346
reporting to the board of nursing or testifying in an 3,347
adjudication hearing conducted under Chapter 119. of the Revised 3,348
Code with regard to alleged incidents of negligence or 3,349
malpractice, OR matters subject to THIS CHAPTER OR section 3,351
2301.373 or 4723.28 of the Revised Code, violations of section 3,353
4723.34 of the Revised Code, or the qualifications, fitness, or
character of a person licensed or applying for a license to 3,354
practice nursing as a registered nurse or licensed practical 3,355
nurse, or holding or applying for a certificate to practice as a 3,356
dialysis technician, shall be subject to any civil action or 3,357
liable for damages as a result EITHER of THE FOLLOWING BASED ON 3,359
making the report or testifying: 3,360
(1) LIABILITY IN DAMAGES IN A CIVIL ACTION FOR INJURY, 3,362
DEATH, OR LOSS TO PERSON OR PROPERTY; 3,363
(2) DISCIPLINE OR DISMISSAL BY AN EMPLOYER. 3,365
(C) AN INDIVIDUAL WHO IS DISCIPLINED OR DISMISSED IN 3,367
VIOLATION OF DIVISION (B)(2) OF THIS SECTION HAS THE SAME RIGHTS 3,368
AND DUTIES ACCORDED AN EMPLOYEE UNDER SECTIONS 4113.52 AND 3,369
4113.53 OF THE REVISED CODE.
74
(D) In the absence of fraud or bad faith, no professional 3,371
association of registered nurses or, licensed practical nurses, 3,373
OR DIALYSIS TECHNICIANS that sponsors a committee or program to 3,374
provide peer assistance to nurses INDIVIDUALS with substance 3,376
abuse problems, no representative or agent of such a committee or 3,378
program, and no member of the board of nursing shall be liable to 3,379
any person for damages in a civil action by reason of actions 3,380
taken to refer a nurse OR DIALYSIS TECHNICIAN to a treatment 3,381
provider designated by the board or actions or omissions of the 3,382
provider in treating a nurse OR DIALYSIS TECHNICIAN. 3,383
Sec. 4723.35. (A) As used in this section, "chemical 3,392
dependency" means either of the following: 3,393
(1) The chronic and habitual use of alcoholic beverages to 3,395
the extent that the user no longer can control the use of alcohol 3,396
or endangers the user's health, safety, or welfare or that of 3,397
others;
(2) The use of a drug of abuse, CONTROLLED SUBSTANCE as 3,400
defined in section 3719.011 3719.01 of the Revised Code, A 3,401
HARMFUL INTOXICANT AS DEFINED IN SECTION 2925.01 OF THE REVISED 3,402
CODE, OR A DANGEROUS DRUG AS DEFINED IN SECTION 4729.01 OF THE 3,403
REVISED CODE, to the extent that the user becomes physically or 3,404
psychologically dependent on the SUBSTANCE, INTOXICANT, OR drug 3,405
or endangers the user's health, safety, or welfare or that of 3,406
others. 3,407
(B) The board of nursing MAY ABSTAIN FROM TAKING 3,410
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 3,411
AGAINST AN INDIVIDUAL WITH A CHEMICAL DEPENDENCY IF IT FINDS THAT 3,412
THE INDIVIDUAL CAN BE TREATED EFFECTIVELY AND THERE IS NO 3,413
IMPAIRMENT OF THE INDIVIDUAL'S ABILITY TO PRACTICE ACCORDING TO
ACCEPTABLE AND PREVAILING STANDARDS OF SAFE CARE. THE BOARD 3,414
shall establish a chemical dependency monitoring program, which 3,416
shall be called the alternative program for chemical dependency. 3,418
The program shall be available to persons who hold a nursing 3,420
license or dialysis technician certificate issued under this 3,421
75
chapter, have a chemical dependency, and meet eligibility 3,422
requirements TO MONITOR THE REGISTERED NURSES, LICENSED PRACTICAL 3,424
NURSES, AND DIALYSIS TECHNICIANS AGAINST WHOM THE BOARD HAS 3,425
ABSTAINED FROM TAKING ACTION. The board shall develop the 3,427
program, SELECT THE PROGRAM'S NAME, and designate an 3,428
administrator A COORDINATOR to operate it, and ADMINISTER THE 3,430
PROGRAM.
(C) THE BOARD shall adopt rules in accordance with Chapter 3,433
119. of the Revised Code that establish the following:
(1) Eligibility requirements for ADMISSION TO AND 3,435
CONTINUED participation IN THE MONITORING PROGRAM; 3,436
(2) Terms and conditions a participant THAT must meet BE 3,439
MET to PARTICIPATE IN AND successfully complete the program; 3,440
(3) Procedures for keeping confidential records regarding 3,442
participants;
(4) Any other requirements or procedures necessary to 3,444
establish and administer the program. 3,445
(C) A person who holds a nursing license or dialysis 3,448
technician certificate issued under this chapter may voluntarily 3,449
seek treatment for any chemical dependency that may be grounds 3,450
for disciplinary action by the board under division (B) of 3,452
section 4723.28 of the Revised Code. The board of nursing may 3,453
abstain from taking disciplinary action against a person who 3,454
voluntarily seeks treatment if it finds that the person can be 3,456
treated effectively and that there is no impairment of ability to 3,457
practice according to acceptable and prevailing standards of safe 3,458
nursing or dialysis care. The board may require, as a condition 3,460
of its abstention, that the person participate in the alternative 3,462
program for chemical dependency, comply with the terms and
conditions of the program, and successfully complete it. 3,464
(D) A person who voluntarily participates in the 3,466
alternative program for chemical dependency without being 3,469
referred by the board and complies with the terms and conditions 3,470
of the program and the requirements of this section shall not be 3,471
76
subject to investigation or disciplinary action by the board for 3,472
chemical dependency. The person shall report to the board any 3,473
failure to comply with the terms and conditions of the program or 3,475
successfully complete it.
(D)(1) AS A CONDITION OF BEING ADMITTED TO THE MONITORING 3,477
PROGRAM, AN INDIVIDUAL SHALL SURRENDER TO THE PROGRAM COORDINATOR 3,478
THE LICENSE OR CERTIFICATE THAT THE INDIVIDUAL HOLDS. WHILE THE 3,480
SURRENDER IS IN EFFECT, THE INDIVIDUAL IS PROHIBITED FROM 3,481
ENGAGING IN THE PRACTICE OF NURSING OR THE PROVISION OF DIALYSIS 3,482
CARE.
IF THE PROGRAM COORDINATOR DETERMINES THAT A PARTICIPANT IS 3,484
CAPABLE OF RESUMING PRACTICE ACCORDING TO ACCEPTABLE AND 3,485
PREVAILING STANDARDS OF SAFE CARE, THE COORDINATOR SHALL RETURN 3,486
THE PARTICIPANT'S LICENSE OR CERTIFICATE. IF THE PARTICIPANT 3,487
VIOLATES THE TERMS AND CONDITIONS OF RESUMED PRACTICE, THE 3,488
PROGRAM COORDINATOR SHALL REQUIRE THE PARTICIPANT TO SURRENDER 3,489
THE LICENSE OR CERTIFICATE AS A CONDITION OF CONTINUED 3,490
PARTICIPATION IN THE PROGRAM. THE COORDINATOR MAY REQUIRE THE 3,491
SURRENDER ONLY ON THE APPROVAL OF THE BOARD'S SUPERVISING MEMBER 3,492
FOR DISCIPLINARY MATTERS. 3,493
THE SURRENDER OF A LICENSE OR CERTIFICATE ON ADMISSION TO 3,495
THE MONITORING PROGRAM OR WHILE PARTICIPATING IN THE PROGRAM DOES 3,496
NOT CONSTITUTE AN ACTION BY THE BOARD UNDER SECTION 4723.28 OF 3,497
THE REVISED CODE. THE PARTICIPANT MAY RESCIND THE SURRENDER AT 3,499
ANY TIME AND THE BOARD MAY PROCEED BY TAKING ACTION UNDER SECTION 3,500
4723.28 OF THE REVISED CODE.
(2) IF THE PROGRAM COORDINATOR DETERMINES THAT A 3,502
PARTICIPANT IS SIGNIFICANTLY OUT OF COMPLIANCE WITH THE TERMS AND 3,503
CONDITIONS FOR PARTICIPATION, THE COORDINATOR SHALL NOTIFY THE 3,504
BOARD'S SUPERVISING MEMBER FOR DISCIPLINARY MATTERS AND THE 3,505
SUPERVISING MEMBER SHALL TEMPORARILY SUSPEND THE PARTICIPANT'S 3,506
LICENSE OR CERTIFICATE. THE PROGRAM COORDINATOR SHALL NOTIFY THE 3,507
PARTICIPANT OF THE SUSPENSION BY CERTIFIED MAIL SENT TO THE 3,508
PARTICIPANT'S LAST KNOWN ADDRESS AND SHALL REFER THE MATTER TO 3,510
77
THE BOARD FOR FORMAL ACTION UNDER SECTION 4723.28 OF THE REVISED 3,511
CODE.
(E) ALL OF THE FOLLOWING APPLY WITH RESPECT TO THE 3,514
RECEIPT, RELEASE, AND MAINTENANCE OF RECORDS AND INFORMATION BY 3,515
THE MONITORING PROGRAM: 3,516
(1) THE PROGRAM COORDINATOR SHALL MAINTAIN ALL RECORDS IN 3,518
THE BOARD'S OFFICE FOR A PERIOD OF FIVE YEARS. 3,519
(2) WHEN APPLYING TO PARTICIPATE IN THE MONITORING 3,521
PROGRAM, THE APPLICANT SHALL SIGN A WAIVER PERMITTING THE PROGRAM 3,522
COORDINATOR TO RECEIVE AND RELEASE INFORMATION NECESSARY FOR THE 3,523
COORDINATOR TO DETERMINE WHETHER THE INDIVIDUAL IS ELIGIBLE FOR 3,524
ADMISSION. AFTER BEING ADMITTED, THE PARTICIPANT SHALL SIGN A 3,525
WAIVER PERMITTING THE PROGRAM COORDINATOR TO RECEIVE AND RELEASE 3,526
INFORMATION NECESSARY TO DETERMINE WHETHER THE INDIVIDUAL IS 3,527
ELIGIBLE FOR CONTINUED PARTICIPATION IN THE PROGRAM. INFORMATION 3,528
THAT MAY BE NECESSARY FOR THE PROGRAM COORDINATOR TO DETERMINE 3,529
ELIGIBILITY FOR ADMISSION OR CONTINUED PARTICIPATION IN THE 3,530
MONITORING PROGRAM INCLUDES, BUT IS NOT LIMITED TO, INFORMATION 3,531
PROVIDED TO AND BY EMPLOYERS, PROBATION OFFICERS, LAW ENFORCEMENT 3,532
AGENCIES, PEER ASSISTANCE PROGRAMS, HEALTH PROFESSIONALS, AND 3,533
TREATMENT PROVIDERS. NO ENTITY WITH KNOWLEDGE THAT THE 3,534
INFORMATION HAS BEEN PROVIDED TO THE MONITORING PROGRAM SHALL 3,535
DIVULGE THAT KNOWLEDGE TO ANY OTHER PERSON. 3,536
(3) Except as provided in division (F)(E)(4) of this 3,540
section, all records PERTAINING TO AN INDIVIDUAL'S APPLICATION 3,541
FOR OR PARTICIPATION IN THE MONITORING PROGRAM, including medical 3,544
records, chemical dependency TREATMENT records, and mental health 3,545
records, of a participant in the program shall be confidential,. 3,547
THE RECORDS are not public records for the purposes of section 3,549
149.43 of the Revised Code, and are not subject to discovery by 3,552
subpoena or admissible as evidence in any judicial proceeding.
The administrator of the program shall maintain all records in 3,554
the board's office for a period of five years. 3,555
(F) On commencement of participation in the program, a 3,558
78
person shall sign a waiver permitting the program administrator 3,560
to release to the board the person's records if the person fails 3,562
to comply with the terms and conditions of the program, does not 3,563
successfully complete the program, or is unable to practice 3,565
according to acceptable and prevailing standards of safe nursing 3,567
care or dialysis care due to chemical dependency. The 3,569
administrator shall report to the board any such person and 3,570
release the person's records to it. The board shall then 3,572
investigate in accordance with division (E) of section 4723.28 of 3,573
the Revised Code.
(G)(4) THE PROGRAM COORDINATOR MAY DISCLOSE INFORMATION 3,576
REGARDING A PARTICIPANT'S PROGRESS IN THE PROGRAM TO ANY PERSON 3,578
OR GOVERNMENT ENTITY THAT THE PARTICIPANT AUTHORIZES IN WRITING 3,580
TO BE GIVEN THE INFORMATION. IN DISCLOSING INFORMATION UNDER 3,581
THIS DIVISION, THE COORDINATOR SHALL NOT INCLUDE ANY INFORMATION 3,582
THAT IS PROTECTED UNDER SECTION 3793.13 OF THE REVISED CODE OR 3,583
ANY FEDERAL STATUTE OR REGULATION THAT PROVIDES FOR THE 3,585
CONFIDENTIALITY OF MEDICAL, MENTAL HEALTH, OR SUBSTANCE ABUSE 3,587
RECORDS. 3,588
(F) IN THE ABSENCE OF FRAUD OR BAD FAITH, THE PROGRAM 3,591
COORDINATOR, THE BOARD OF NURSING, AND THE BOARD'S EMPLOYEES AND
REPRESENTATIVES ARE NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS 3,593
A RESULT OF DISCLOSING INFORMATION IN ACCORDANCE WITH DIVISION 3,595
(E)(4) OF THIS SECTION. In the absence of fraud or bad faith, 3,596
any person reporting to the program with regard to AN 3,597
INDIVIDUAL'S chemical dependence of a person who holds a nursing 3,599
license or dialysis technician certificate issued under this 3,600
chapter, or the progress or lack of progress of that person 3,601
INDIVIDUAL with regard to treatment, shall be immune from any 3,604
civil action and shall IS not be liable for civil damages IN ANY 3,605
CIVIL ACTION as a result of the report. 3,606
Sec. 4723.40. In addition to any other remedies provided 3,615
by law (A) THROUGH THE ATTORNEY GENERAL OR AN APPROPRIATE 3,616
PROSECUTING ATTORNEY, the board of nursing may apply to an 3,618
79
appropriate court for an order enjoining the UNAUTHORIZED 3,619
PRACTICE OF NURSING OR ANY OTHER violation of any provision of 3,620
this chapter, and, upon. ON THE FILING OF A VERIFIED PETITION, 3,621
THE COURT SHALL CONDUCT A HEARING ON THE PETITION AND GIVE THE 3,622
SAME PREFERENCE TO THE PROCEEDING AS IS GIVEN ALL PROCEEDINGS 3,623
UNDER CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE
POSITION OF THE PROCEEDING ON THE COURT'S CALENDAR. ON a showing 3,625
that any A person has violated or is about to violate any 3,626
provision of this chapter, the court shall grant an order 3,627
enjoining such THE violation.
(B)(1) IF THE BOARD'S SUPERVISING MEMBER FOR DISCIPLINARY 3,629
MATTERS OBTAINS INFORMATION SUFFICIENT TO DETERMINE THAT A PERSON 3,630
MAY HAVE ENGAGED IN THE UNAUTHORIZED PRACTICE OF NURSING OR ANY 3,631
OTHER VIOLATION OF THIS CHAPTER, THE SUPERVISING MEMBER SHALL 3,632
NOTIFY THE ALLEGED OFFENDER BY REGISTERED MAIL THAT INFORMATION 3,633
HAS BEEN OBTAINED REGARDING THE ALLEGED VIOLATION. THE NOTICE 3,634
MAY BE SENT EITHER BEFORE OR AFTER A PETITION HAS BEEN FILED
UNDER DIVISION (A) OF THIS SECTION. 3,635
(2) TO BE CONSIDERED SUFFICIENT, THE INFORMATION MUST 3,638
INCLUDE ALL OF THE FOLLOWING:
(a) A DESCRIPTION OF THE ALLEGED VIOLATION; 3,640
(b) IF A PARTICULAR INDIVIDUAL CAN BE IDENTIFIED, THE NAME 3,642
OF THE INDIVIDUAL INVOLVED IN THE VIOLATION; 3,643
(c) THE NAME AND ADDRESS OF THE FACILITY, INSTITUTION, OR 3,645
OTHER PLACE WHERE THE VIOLATION OCCURRED; 3,647
(d) THE APPROXIMATE DATES THAT THE VIOLATION OCCURRED. 3,650
(3) NOT LATER THAN THIRTY DAYS AFTER RECEIVING NOTICE FROM 3,652
THE SUPERVISING MEMBER, THE ALLEGED OFFENDER SHALL RESPOND TO THE 3,654
SUPERVISING MEMBER WITH RESPECT TO THE ALLEGATIONS. IF THE 3,655
PERSON FAILS TO GIVE A TIMELY AND SUFFICIENT RESPONSE, THE 3,656
SUPERVISING MEMBER SHALL INVESTIGATE. BASED ON THE FINDINGS OF
THE INVESTIGATION, THE SUPERVISING MEMBER MAY REQUEST THAT THE 3,657
BOARD PROCEED AS AUTHORIZED BY DIVISION (A) OF THIS SECTION. 3,658
(C) THE INJUNCTION PROCEEDINGS AND NOTICE REQUIREMENTS 3,660
80
PROVIDED FOR BY THIS SECTION ARE IN ADDITION TO ALL PENALTIES AND 3,662
OTHER REMEDIES PROVIDED IN THIS CHAPTER.
Sec. 4723.42. (A) If the applicant for authorization to 3,671
practice nursing as a certified registered nurse anesthetist, 3,673
clinical nurse specialist, certified nurse-midwife, or certified 3,676
nurse practitioner has met all the requirements of section 3,678
4723.41 of the Revised Code and has paid the fee required by 3,680
section 4723.08 of the Revised Code, the board of nursing shall 3,681
issue its certificate of authority to practice nursing as a 3,683
certified registered nurse anesthetist, clinical nurse 3,684
specialist, certified nurse-midwife, or certified nurse 3,686
practitioner, which shall designate the nursing specialty the 3,688
nurse is authorized to practice. The certificate entitles its 3,689
holder to practice nursing in the specialty designated on the 3,690
certificate.
The board shall issue or deny its certificate not later 3,693
than sixty days after receiving all of the documents required by 3,694
section 4723.41 of the Revised Code. 3,695
If an applicant is under investigation for a violation of 3,698
this chapter, the board shall conclude the investigation not 3,699
later than ninety days after receipt of all required documents, 3,700
unless this ninety-day period is extended by written consent of 3,701
the applicant, or unless the board determines that a substantial 3,703
question of such a violation exists and the board has notified 3,704
the applicant in writing of the reasons for the continuation of 3,705
the investigation. If the board determines that the applicant 3,706
has not violated this chapter, it shall issue a certificate not 3,707
later than forty-five days after making that determination. 3,710
(B) Authorization to practice nursing as a certified 3,713
registered nurse anesthetist, clinical nurse specialist, 3,715
certified nurse-midwife, or certified nurse practitioner shall be 3,717
renewed biennially according to rules and a schedule adopted by 3,719
the board. Before a date specified by the board IN PROVIDING 3,720
RENEWAL APPLICATIONS TO CERTIFICATE HOLDERS, the board shall mail 3,722
81
an application for renewal of a certificate of authority to each
certificate holder at the last known address of the holder FOLLOW 3,725
THE PROCEDURES IT FOLLOWS UNDER SECTION 4723.24 OF THE REVISED 3,726
CODE IN PROVIDING RENEWAL APPLICATIONS TO LICENSE HOLDERS. 3,727
Failure of the CERTIFICATE holder to receive an application for 3,729
renewal from the board does not excuse the holder from the 3,730
requirements of section 4723.44 of the Revised Code. Not 3,731
NOT later than the date specified by the board, the holder 3,734
shall complete the renewal form and return it to the board with 3,736
all of the following:
(1) The renewal fee required by section 4723.08 of the 3,738
Revised Code; 3,739
(2) Except as provided in division (C) of this section, 3,742
documentation satisfactory to the board that the holder has 3,743
maintained certification in the nursing specialty with a national 3,744
certifying organization listed in division (A)(3) of section 3,746
4723.41 of the Revised Code or approved by the board under 3,747
section 4723.46 of the Revised Code; 3,748
(3) A list of the names and business addresses of the 3,750
holder's current collaborating physicians and podiatrists, if the 3,751
holder is a clinical nurse specialist, certified nurse-midwife, 3,752
or certified nurse practitioner;
(4) If the holder's certificate was issued under division 3,755
(C) of section 4723.41 of the Revised Code, evidence 3,756
DOCUMENTATION SATISFACTORY TO THE BOARD that the holder has 3,757
completed continuing education for a clinical nurse specialist as 3,758
required by rule of the board; 3,759
(5) If the holder's certificate was issued under division 3,762
(D) of section 4723.41 of the Revised Code, verification of 3,763
DOCUMENTATION SATISFACTORY TO THE BOARD THAT THE HOLDER HAS 3,764
continued employment by a public agency or a private, nonprofit 3,765
entity that receives funding under Title X of the "Public Health 3,767
Service Act," 42 U.S.C. 300 and 300a-1 (1991). 3,769
On receipt of the renewal application, fees, and documents, 3,772
82
the board shall verify that the applicant holds a current license 3,774
to practice nursing as a registered nurse in this state, and, if 3,776
it so verifies, shall renew the certificate. If an applicant 3,777
submits the completed renewal application after the date 3,778
specified in the board's schedule, but before the expiration of 3,779
the certificate, the board shall grant a renewal when the late 3,780
renewal fee required by section 4723.08 of the Revised Code is 3,781
paid.
An applicant for reinstatement of an expired certificate 3,783
shall submit the REINSTATEMENT FEE, renewal fee, and the late 3,786
renewal fee required by section 4723.08 of the Revised Code. Any 3,787
holder of a certificate who desires inactive status shall give 3,788
the board written notice to that effect. 3,789
(C) The board shall renew a certificate of authority to 3,792
practice nursing as a clinical nurse specialist issued pursuant 3,793
to division (C) of section 4723.41 of the Revised Code, if the 3,795
certificate holder complies with all renewal requirements of this 3,796
section other than the requirement of having maintained 3,797
certification in the holder's nursing specialty. 3,798
Sec. 4723.43. A certified registered nurse anesthetist, 3,808
clinical nurse specialist, certified nurse-midwife, or certified 3,809
nurse practitioner may provide to individuals and groups nursing 3,811
care that requires knowledge and skill obtained from advanced 3,812
formal education and clinical experience.
(A) A nurse authorized to practice as a certified 3,815
nurse-midwife, in collaboration with one or more physicians, may 3,816
provide the management of preventive services and those primary 3,817
care services necessary to provide health care to women 3,818
antepartally, intrapartally, postpartally, and gynecologically, 3,819
consistent with the nurse's education and certification, and in 3,820
accordance with rules adopted by the board.
No certified nurse-midwife may perform version, deliver 3,823
breech or face presentation, use forceps, do any obstetric 3,824
operation, or treat any other abnormal condition, except in 3,825
83
emergencies. Division (A) of this section does not prohibit a 3,827
certified nurse-midwife from performing episiotomies or normal 3,828
vaginal deliveries, or repairing vaginal tears. A certified 3,829
nurse-midwife who holds a certificate to prescribe issued under 3,831
section 4723.48 of the Revised Code may, in collaboration with 3,833
one or more physicians, prescribe drugs and therapeutic devices 3,834
in accordance with section 4723.481 of the Revised Code. 3,835
(B) A nurse authorized to practice as a certified 3,838
registered nurse anesthetist, with the supervision and in the 3,839
immediate presence of a physician, podiatrist, or dentist, may 3,840
administer anesthesia and perform anesthesia induction,
maintenance, and emergence, and may perform with supervision 3,841
preanesthetic preparation and evaluation, postanesthesia care, 3,842
and clinical support functions, consistent with the nurse's 3,844
education and certification, and in accordance with rules adopted 3,845
by the board. A certified registered nurse anesthetist is not 3,847
required to obtain a certificate to prescribe in order to provide 3,848
the anesthesia care described in this division. 3,849
The physician, podiatrist, or dentist supervising a 3,851
certified registered nurse anesthetist must be actively engaged 3,853
in practice in this state. When a certified registered nurse 3,855
anesthetist is supervised by a podiatrist, the nurse's scope of 3,856
practice is limited to the anesthesia procedures that the 3,857
podiatrist has the authority under section 4731.51 of the Revised 3,858
Code to perform. A certified registered nurse anesthetist may 3,859
not administer general anesthesia under the supervision of a 3,860
podiatrist in a podiatrist's office. When a certified registered 3,861
nurse anesthetist is supervised by a dentist, the nurse's scope 3,863
of practice is limited to the anesthesia procedures that the
dentist has the authority under Chapter 4715. of the Revised Code 3,865
to perform.
(C) A nurse authorized to practice as a certified nurse 3,867
practitioner, in collaboration with one or more physicians or 3,868
podiatrists, may provide preventive and primary care services and 3,870
84
evaluate and promote patient wellness within the nurse's nursing 3,871
specialty, consistent with the nurse's education and 3,872
certification, and in accordance with rules adopted by the board. 3,873
A certified nurse practitioner who holds a certificate to 3,874
prescribe issued under section 4723.48 of the Revised Code may, 3,877
in collaboration with one or more physicians or podiatrists, 3,878
prescribe drugs and therapeutic devices in accordance with 3,879
section 4723.481 of the Revised Code.
When a certified nurse practitioner is collaborating with a 3,882
podiatrist, the nurse's scope of practice is limited to the 3,883
procedures that the podiatrist has the authority under section 3,884
4731.51 of the Revised Code to perform. 3,885
(D) A nurse authorized to practice as a clinical nurse 3,888
specialist, in collaboration with one or more physicians or 3,889
podiatrists, may provide and manage the care of individuals and
groups with complex health problems and provide health care 3,890
services that promote, improve, and manage health care within the 3,892
nurse's nursing specialty, consistent with the nurse's education 3,893
and in accordance with rules adopted by the board. A clinical 3,894
nurse specialist who holds a certificate to prescribe issued 3,895
under section 4723.48 of the Revised Code may, in collaboration 3,897
with one or more physicians or podiatrists, prescribe drugs and 3,898
therapeutic devices in accordance with section 4731.481 4723.481 3,899
of the Revised Code. 3,900
When a clinical nurse specialist is collaborating with a 3,902
podiatrist, the nurse's scope of practice is limited to the 3,903
procedures that the podiatrist has the authority under section 3,904
4731.51 of the Revised Code to perform. 3,905
Sec. 4723.47. (A) If a certified registered nurse 3,914
anesthetist's, clinical nurse specialist's, certified 3,915
nurse-midwife's, or certified nurse practitioner's license to 3,916
practice nursing as a registered nurse expires for failure to 3,917
renew under section 4723.24 of the Revised Code, the nurse's 3,918
certificate of authority to practice nursing as a certified 3,919
85
registered nurse anesthetist, clinical nurse specialist, 3,920
certified nurse-midwife, or certified nurse practitioner is 3,922
lapsed until the license is reinstated. If the license is 3,924
revoked under section 4723.28 or 4723.281 of the Revised Code, 3,925
the nurse's certificate of authority is automatically revoked. 3,926
If the license is suspended under either section, the nurse's 3,927
certificate of authority is automatically suspended while the 3,928
license remains suspended. IF THE LICENSE IS CLASSIFIED AS 3,929
INACTIVE UNDER SECTION 4723.24 OF THE REVISED CODE, THE NURSE'S 3,930
CERTIFICATE OF AUTHORITY IS AUTOMATICALLY CLASSIFIED AS INACTIVE 3,931
WHILE THE LICENSE REMAINS INACTIVE.
(B) If a clinical nurse specialist, certified 3,933
nurse-midwife, or certified nurse practitioner holds a 3,934
certificate to prescribe issued under section 4723.48 of the 3,935
Revised Code and the nurse's certificate of authority to practice 3,936
as a clinical nurse specialist, certified nurse-midwife, or 3,938
certified nurse practitioner expires for failure to renew under 3,939
section 4723.41 of the Revised Code, the nurse's certificate to 3,940
prescribe is lapsed until the certificate of authority is 3,941
reinstated. If the certificate of authority becomes inactive in 3,942
accordance with section 4723.42 of the Revised Code, the nurse's 3,945
certificate to prescribe is lapsed until the certificate of 3,947
authority becomes active. If the certificate of authority is 3,948
revoked under section 4723.28 or 4723.281 of the Revised Code, 3,950
the nurse's certificate to prescribe is automatically revoked. 3,951
If the certificate of authority is suspended under either 3,952
section, the nurse's certificate to prescribe is automatically 3,953
suspended while the certificate of authority remains suspended. 3,954
If a restriction is placed on the certificate of authority under 3,955
section 4723.28 of the Revised Code, the same restriction is 3,956
placed on the nurse's certificate to prescribe while the 3,957
certificate of authority remains restricted. 3,958
Sec. 4723.48. (A) A clinical nurse specialist, certified 3,967
nurse-midwife, or certified nurse practitioner seeking authority 3,968
86
to prescribe drugs and therapeutic devices shall file with the 3,970
board of nursing a written application for a certificate to 3,971
prescribe. The board of nursing shall issue a certificate to 3,972
prescribe to each applicant who meets the requirements specified 3,973
in section 4723.482 or 4723.484 of the Revised Code. 3,974
Except as provided in division (B) of this section, the 3,976
initial certificate to prescribe that the board issues to an 3,978
applicant shall be issued as an externship certificate. Under an 3,979
externship certificate, the nurse may obtain experience in 3,981
prescribing drugs and therapeutic devices by participating in an 3,982
externship that evaluates the nurse's competence, knowledge, and 3,983
skill in pharmacokinetic principles and their clinical 3,984
application to the specialty being practiced. During the 3,985
externship, the nurse may prescribe drugs and therapeutic devices 3,986
only when one or more physicians are providing supervision in 3,987
accordance with rules adopted under section 4723.50 of the 3,988
Revised Code.
After completing the externship, the holder of an 3,991
externship certificate may apply for a new certificate to 3,993
prescribe. On receipt of the new certificate, the nurse may
prescribe drugs and therapeutic devices in collaboration with one 3,994
or more physicians or podiatrists. 3,995
(B) In the case of an advanced practice nurse who on the 3,998
effective date of this section MAY 17, 2000, is approved under 4,000
section 4723.56 of the Revised Code to prescribe drugs and 4,002
therapeutic devices, the initial certificate to prescribe that
the board issues to the nurse under this section shall not be an 4,003
externship certificate. The nurse shall be issued a certificate 4,005
to prescribe that permits the nurse to prescribe drugs and 4,006
therapeutic devices in collaboration with one or more physicians 4,007
or podiatrists.
Sec. 4723.62. (A) As used in this section, "county board 4,017
client," "county board worker," "delegated nursing task," "health 4,018
care professional," "nurse," and "prescribed medication" have the 4,019
87
same meanings as in section 5126.35 of the Revised Code. 4,020
(B)(1) Not later than ninety days after the effective date 4,023
of this section, the THE board of nursing shall adopt rules that, 4,025
within the programs and services offered by county boards of 4,026
mental retardation and developmental disabilities, govern the 4,027
delegation by nurses to county board workers of authority to give 4,028
or apply prescribed medication to and perform delegated nursing 4,029
tasks on county board clients pursuant to a policy adopted under 4,030
section 5126.351 of the Revised Code. The rules shall be adopted 4,031
in accordance with Chapter 119. of the Revised Code and establish 4,032
all of the following: 4,033
(a) Standards for the training of nurses to train county 4,036
board workers to give or apply prescribed medication or perform 4,037
delegated nursing tasks;
(b) Standards for training modules and programs of 4,040
instruction to be conducted for county board workers to train
them to give or apply prescribed medication or perform delegated 4,041
nursing tasks; 4,042
(c) Criteria to be used and standards to be followed by 4,045
nurses when delegating authority to county board workers to give 4,046
or apply prescribed medication or perform delegated nursing 4,047
tasks;
(d) Conditions and limitations on the authority of a nurse 4,050
to delegate to a county board worker authority to give or apply 4,051
prescribed medication or perform delegated nursing tasks; 4,052
(e) Standards for supervision by a nurse of a county board 4,055
worker who is giving or applying prescribed medication or 4,056
performing a delegated nursing task, including standards for 4,057
on-site supervision and off-site supervision through some means 4,058
of telecommunication;
(f) Procedures for accepting and referring to the 4,061
department of mental retardation and developmental disabilities 4,062
complaints regarding delegation of authority to county board 4,063
workers and actions by county board workers in giving or applying 4,064
88
prescribed medication and performing delegated nursing tasks; 4,065
(g) Actions that a county board worker may take to assist 4,068
a county board client in the self-administration of prescribed 4,069
medication pursuant to section 5126.355 of the Revised Code; 4,070
(h) Any other standards, procedures, or requirements the 4,073
board considers appropriate with regard to delegation to county 4,074
board workers of authority to give or apply prescribed medication 4,075
or perform delegated nursing tasks.
(2) Training modules and courses of instruction for 4,077
training county board workers to give or apply prescribed 4,078
medication or perform delegated nursing tasks shall be conducted 4,079
by registered nurses and by licensed practical nurses under the 4,080
direction of a registered nurse, except that the rules adopted by 4,081
the board of nursing under this section may provide for the use 4,082
of health care professionals other than nurses to provide 4,083
instruction within the scope of their practices. 4,084
Sec. 4723.74. A person who seeks to operate a dialysis 4,093
training program shall apply to the board of nursing for approval 4,094
of the program. Applications shall be submitted in accordance 4,096
with rules adopted under section 4723.79 of the Revised Code. 4,097
The person shall include with the application the fee prescribed 4,099
in those rules. If the program meets the requirements for 4,100
approval as specified in the rules, the board shall approve the 4,101
program. The board may withdraw the approval of a program that 4,103
ceases to meet the requirements for approval. A program shall
apply for reapproval and may be reapproved in accordance with 4,105
rules adopted under section 4723.79 of the Revised Code. 4,106
THE BOARD MAY WITHDRAW THE APPROVAL OF A PROGRAM THAT 4,108
CEASES TO MEET THE REQUIREMENTS FOR APPROVAL. ANY ACTION TO 4,109
WITHDRAW THE APPROVAL SHALL BE TAKEN IN ACCORDANCE WITH CHAPTER 4,110
119. OF THE REVISED CODE.
Sec. 4723.76. (A) The board of nursing shall issue a 4,119
temporary certificate to practice as a dialysis technician to a 4,120
person who meets all of the following requirements: 4,121
89
(1) The person applies to the board in accordance with 4,123
rules adopted under section 4723.79 of the Revised Code and 4,125
includes with the application the fee established in those rules. 4,126
(2) The person provides documentation from the person's 4,128
employer that demonstrates that the person is competent to 4,129
perform dialysis care. 4,130
(3) One of the following applies: 4,132
(a) The person has successfully completed a dialysis 4,134
training program approved by the board of nursing under section 4,135
4723.74 of the Revised Code. 4,136
(b) The person is, on the effective date of this section 4,139
DECEMBER 24, 2000, employed as a dialysis technician but has been 4,140
so employed for less than twelve months. 4,141
(c) The person has experience as a dialysis technician in 4,143
a jurisdiction that does not license or certify dialysis 4,144
technicians and has successfully completed a training program 4,145
that is substantially similar to a program approved by the board. 4,146
(B) A temporary certificate issued to a person who meets 4,148
the requirement in division (A)(3)(a) of this section is valid 4,150
for eighteen months from the date on which the holder entered a 4,151
dialysis training program approved by the board under section 4,152
4723.74 of the Revised Code.
A temporary certificate issued to a person who meets the 4,155
requirement in division (A)(3)(b) of this section is valid for 4,157
the number of months equal to eighteen months minus the number of 4,158
months the person has been employed as a dialysis technician. 4,159
A temporary certificate issued to a person who meets the 4,162
requirement in division (A)(3)(c) of this section and has been 4,163
working as a dialysis technician for twelve months or longer is 4,164
valid for six months. A temporary certificate issued to a person 4,165
who meets the requirement in division (A)(3)(c) of this section 4,166
and has been employed as a dialysis technician for less than 4,167
twelve months is valid for the number of months equal to eighteen 4,168
months minus the number of months the person has been employed as 4,169
90
a dialysis technician.
(C) A temporary certificate issued under this section may 4,172
be renewed once if the holder enrolls or re-enrolls in a dialysis 4,173
training program approved by the board. A temporary certificate 4,174
that has been renewed is not renewable. A person holding a 4,175
temporary certificate shall provide a copy of the temporary 4,176
certificate to the dialysis provider who employs the person. The 4,177
person shall not act as a trainer or preceptor in any dialysis 4,178
training program.
Sec. 4723.79. The board of nursing shall adopt rules to 4,187
administer and enforce sections 4723.71 to 4723.79 of the Revised 4,189
Code. The board shall adopt the rules in accordance with Chapter 4,191
119. of the Revised Code. The rules shall establish or specify 4,193
all of the following:
(A) The application process, fee, and requirements for 4,196
approval, reapproval, and withdrawing the approval of a dialysis 4,197
training program under section 4723.74 of the Revised Code. The 4,199
requirements shall include standards that must be satisfied 4,200
regarding curriculum, length of training, and instructions in 4,201
patient care. 4,202
(B) The application process, fee, and requirements for 4,205
issuance of a certificate under section 4723.75 of the Revised 4,207
Code, except that the amount of the fee shall be no greater than 4,208
the fee charged under division (A)(1) of section 4723.08 of the 4,209
Revised Code; 4,210
(C) The application process, fee, and requirements for 4,213
issuance of a temporary certificate under section 4723.76 of the 4,214
Revised Code;
(D) The process for approval of testing organizations 4,217
under section 4723.751 of the Revised Code; 4,218
(E) Subjects to be included in a certification examination 4,221
provided for in division (B)(1) of section 4723.75 of the Revised 4,223
Code;
(F) The schedule, fees, and continuing education 4,226
91
requirements for renewal of a certificate under section 4723.77 4,227
of the Revised Code, except that the fee for the renewal of a 4,228
certificate shall be no greater than the fee charged under 4,229
division (A)(8)(9) of section 4723.08 of the Revised Code; 4,230
(G) Standards and procedures for establishing and 4,232
maintaining the dialysis registry required by section 4723.78 of 4,234
the Revised Code, including standards and procedures that persons 4,236
must follow in providing the information to be included in the 4,237
registry;
(H) Standards for the administration of medication by 4,240
dialysis technicians under section 4723.72 of the Revised Code; 4,242
(I) The information a dialysis provider is to provide to 4,244
the board when attesting to a person's competence to perform 4,245
dialysis;
(J) Standards and procedures for the supervision of 4,247
dialysis technicians who provide dialysis care in a patient's 4,248
home, including monthly home visits by a registered nurse to 4,250
monitor the quality of the dialysis care;
(K) Any other procedures or requirements necessary for the 4,253
administration and enforcement of sections 4723.71 to 4723.79 of 4,254
the Revised Code. 4,256
Sec. 4723.99. Whoever (A) EXCEPT AS PROVIDED IN DIVISION 4,266
(B) OF THIS SECTION, WHOEVER violates section 4723.03 or 4723.44 4,267
of the Revised Code shall be fined five hundred dollars or
imprisoned not more than ninety days or both IS GUILTY OF A 4,268
FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE AND A FELONY OF THE 4,269
FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE. 4,270
(B) A REGISTERED NURSE OR LICENSED PRACTICAL NURSE WHO 4,272
VIOLATES DIVISION (A) OR (B) OF SECTION 4723.03 OF THE REVISED 4,273
CODE BY REASON OF A LICENSE TO PRACTICE NURSING THAT HAS LAPSED 4,274
FOR FAILURE TO RENEW OR BY PRACTICING NURSING AFTER A LICENSE HAS 4,275
BEEN CLASSIFIED AS INACTIVE IS GUILTY OF A MINOR MISDEMEANOR. 4,276
Sec. 4731.27. (A) As used in this section, 4,285
"collaboration," "physician," "standard care arrangement," and 4,287
92
"supervision" have the same meanings as in section 4723.02 4,288
4723.01 of the Revised Code. 4,289
(B) Except as provided in division (C)(1) of section 4,291
4723.431 of the Revised Code, a physician or podiatrist shall 4,293
enter into a standard care arrangement with each clinical nurse 4,294
specialist, certified nurse-midwife, or certified nurse 4,295
practitioner with whom the physician or podiatrist is in 4,296
collaboration. The collaborating physician or podiatrist shall 4,297
fulfill the responsibilities of collaboration, as specified in 4,298
the arrangement and in accordance with division (A) of scetion 4,300
SECTION 4723.431 of the Revised Code. A copy of the standard 4,301
care arrangement shall be retained on file at each site where the 4,302
nurse practices. Prior approval of the standard care arrangement 4,304
by the state medical board is not required, but the board may 4,305
periodically review it.
Nothing in this division prohibits a hospital from hiring a 4,308
clinical nurse specialist, certified nurse-midwife, or certified 4,310
nurse practitioner as an employee and negotiating standard care 4,311
arrangements on behalf of the employee as necessary to meet the 4,312
requirements of this section. A standard care arrangement 4,313
between the hospital's employee and the employee's collaborating
physician is subject to approval by the medical staff and 4,314
governing body of the hospital prior to implementation of the 4,315
arrangement at the hospital.
(D)(C) With respect to a clinical nurse specialist, 4,318
certified nurse-midwife, or certified nurse practitioner
participating in an externship pursuant to an initial certificate 4,320
to prescribe issued under section 4723.48 of the Revised Code, 4,322
the physician responsible for evaluating the externship shall 4,323
provide the state medical board with the name of the nurse. If
the externship is terminated for any reason, the physician shall 4,325
notify the board.
(D) A physician or podiatrist shall cooperate with the 4,327
board of nursing in any investigation the board conducts with 4,329
93
respect to a clinical nurse specialist, certified nurse-midwife, 4,331
or certified nurse practitioner who collaborates with the 4,332
physician or podiatrist or with respect to a certified registered 4,334
nurse anesthetist who practices with the supervision of the 4,335
physician or podiatrist.
Sec. 4731.281. (A) On or before the deadline established 4,344
under division (B) of this section for applying for renewal of a 4,346
certificate of registration, each person holding a certificate 4,347
under this chapter to practice medicine and surgery, osteopathic 4,348
medicine and surgery, or podiatry shall certify to the state 4,349
medical board that in the preceding two years the person has 4,350
completed one hundred hours of continuing medical education. The 4,351
certification shall be made upon the application for biennial 4,352
registration submitted pursuant to division (B) of this section. 4,354
The board shall adopt rules providing for pro rata reductions by 4,355
month of the number of hours of continuing education required for 4,357
persons who are in their first registration period, who have a
registration period of less than two years due to initial 4,358
implementation of the staggered renewal schedule established 4,359
under division (B) of this section, who have been disabled due to 4,361
illness or accident, or who have been absent from the country. 4,362
In determining whether a course, program, or activity 4,364
qualifies for credit as continuing medical education, the board 4,365
shall approve all continuing medical education taken by persons 4,367
holding a certificate to practice medicine and surgery that is 4,368
certified by the Ohio state medical association, all continuing 4,369
medical education taken by persons holding a certificate to 4,370
practice osteopathic medicine and surgery that is certified by 4,371
the Ohio osteopathic association, and all continuing medical 4,372
education taken by persons holding a certificate to practice 4,373
podiatry that is certified by the Ohio podiatric medical 4,374
association. Each person holding a certificate to practice under 4,376
this chapter shall be given sufficient choice of continuing 4,377
education programs to ensure that the person has had a reasonable 4,378
94
opportunity to participate in continuing education programs that 4,380
are relevant to the person's medical practice in terms of subject 4,382
matter and level.
The board may require a random sample of persons holding a 4,385
certificate to practice under this chapter to submit materials 4,386
documenting completion of the continuing medical education 4,387
requirement during the preceding registration period, but this 4,388
provision shall not limit the board's authority to investigate 4,389
pursuant to section 4731.22 of the Revised Code. 4,390
(B)(1) Every person holding a certificate under this 4,392
chapter to practice medicine and surgery, osteopathic medicine 4,393
and surgery, or podiatry wishing to renew that certificate shall 4,394
apply to the board for a certificate of registration upon an 4,396
application furnished by the board, and pay to the board at the 4,397
time of application a fee of three hundred five dollars, 4,398
according to the following schedule: 4,399
(a) Persons whose last name begins with the letters "A" 4,401
through "B," on or before April 1, 2001, and the first day of 4,402
April of every odd-numbered year thereafter; 4,403
(b) Persons whose last name begins with the letters "C" 4,405
through "D," on or before January 1, 2001, and the first day of 4,406
January of every odd-numbered year thereafter; 4,407
(c) Persons whose last name begins with the letters "E" 4,410
through "G," on or before October 1, 2000, and the first day of 4,412
October of every even-numbered year thereafter; 4,413
(d) Persons whose last name begins with the letters "H" 4,416
through "K," on or before July 1, 2000, and the first day of July 4,418
of every even-numbered year thereafter;
(e) Persons whose last name begins with the letters "L" 4,421
through "M," on or before April 1, 2000, and the first day of 4,423
April of every even-numbered year thereafter;
(f) Persons whose last name begins with the letters "N" 4,426
through "R," on or before January 1, 2000, and the first day of 4,429
January of every even-numbered year thereafter; 4,430
95
(g) Persons whose last name begins with the letters "S," 4,433
on or before October 1, 1999, and the first day of October of 4,434
every odd-numbered year thereafter;
(h) Persons whose last name begins with the letters "T" 4,437
through "Z," on or before July 1, 1999, and the first day of July 4,438
of every odd-numbered year thereafter. 4,439
The board shall deposit the fee in accordance with section 4,442
4731.24 of the Revised Code, except that, until July 30, 2001, 4,444
the board shall deposit twenty dollars of the fee into the state 4,445
treasury to the credit of the physician loan repayment fund 4,446
created by section 3702.78 of the Revised Code. 4,447
(2) The board shall mail or cause to be mailed to every 4,449
person registered to practice medicine and surgery, osteopathic 4,450
medicine and surgery, or podiatry, an application for 4,451
registration addressed to the person's last known post-office 4,452
address or may cause the application to be sent to the person 4,454
through the secretary of any recognized medical, osteopathic, or 4,455
podiatric society, according to the following schedule: 4,456
(a) To persons whose last name begins with the letters "A" 4,458
through "B," on or before January 1, 2001, and the first day of 4,460
January of every odd-numbered year thereafter;
(b) To persons whose last name begins with the letters "C" 4,463
through "D," on or before October 1, 2000, and the first day of 4,464
October of every even-numbered year thereafter; 4,465
(c) To persons whose last name begins with the letters "E" 4,468
through "G," on or before July 1, 2000, and the first day of July 4,471
of every even-numbered year thereafter; 4,472
(d) To persons whose last name begins with the letters "H" 4,475
through "K," on or before April 1, 2000, and the first day of 4,478
April of every even-numbered year thereafter; 4,479
(e) To persons whose last name begins with the letters "L" 4,482
through "M," on or before January 1, 2000, and the first day of 4,485
January of every even-numbered year thereafter; 4,486
(f) To persons whose last name begins with the letters "N" 4,489
96
through "R," on or before October 1, 1999, and the first day of 4,492
October of every odd-numbered year thereafter; 4,493
(g) To persons whose last name begins with the letters 4,496
"S," on or before July 1, 1999, and the first day of July of 4,498
every odd-numbered year thereafter; 4,499
(h) To persons whose last name begins with the letters "T" 4,502
through "Z," on or before April 1, 1999, and the first day of 4,505
April of every odd-numbered year thereafter; 4,506
Failure of any person to receive an application from the 4,509
board shall not excuse the person from the requirements contained 4,510
in this section. The application shall contain proper spaces for 4,511
the applicant's signature and the insertion of the required 4,512
information, including a statement that the person has fulfilled 4,514
the continuing education requirements imposed by this section. 4,515
The applicant shall write or cause to be written upon the 4,517
application so furnished the applicant's full name, principal 4,519
practice address and residence address, the number of the 4,521
applicant's certificate to practice, and any other facts for the 4,523
identification of the applicant as a person holding a certificate 4,524
to practice under this chapter as the board considers necessary. 4,525
The applicant shall include with the application a list of the 4,526
names and addresses of any clinical nurse specialists, certified 4,527
nurse-midwives, or certified nurse practitioners with whom the 4,528
applicant is currently collaborating, as defined in section 4,529
4723.02 4723.01 of the Revised Code. The applicant shall execute 4,531
and deliver the application to the board by mail or in person. 4,533
Every person registered under this section shall give written 4,534
notice to the board of any change of principal practice address 4,535
or residence address or in the list within thirty days of the 4,536
change.
The applicant shall report any criminal offense that 4,538
constitutes grounds for refusal of registration under section 4,539
4731.22 of the Revised Code to which the applicant has pleaded 4,540
guilty, of which the applicant has been found guilty, or for 4,543
97
which the applicant has been found eligible for intervention in 4,545
lieu of conviction, since last signing an application for a 4,547
certificate of registration.
(C) The board shall issue to any person holding a 4,549
certificate under this chapter to practice medicine and surgery, 4,550
osteopathic medicine and surgery, or podiatry, upon application 4,551
and qualification therefor in accordance with this section, a 4,552
certificate of registration under the seal of the board. A 4,553
certificate of registration shall be valid for a two-year period, 4,554
commencing on the first day of the third month after the 4,556
registration fee is due and expiring on the last day of the month 4,558
two years thereafter. 4,559
The board shall publish and cause to be mailed to each 4,563
person registered under this section, upon request, a printed 4,564
list of the persons so registered.
(D) Failure of any certificate holder to register and 4,566
comply with this section shall operate automatically to suspend 4,567
the holder's certificate to practice. Continued practice after 4,570
the suspension of the certificate to practice shall be considered 4,571
as practicing in violation of section 4731.41, 4731.43, or 4,573
4731.60 of the Revised Code. Subject to section 4731.222 of the 4,574
Revised Code, the board shall reinstate a certificate to practice 4,575
for failure to register upon an applicant's submission of the 4,576
biennial registration fee, the applicable monetary penalty, and 4,578
certification by signature of the applicant that the applicant 4,579
has completed the requisite continuing medical education. The 4,580
penalty for reinstatement shall be fifty dollars if the 4,582
certificate has been suspended for two years or less and one 4,583
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 4,584
accordance with section 4731.24 of the Revised Code. 4,586
(E) If an individual certifies completion of the number of 4,588
hours and type of continuing medical education required to 4,590
receive a certificate of registration or reinstatement of a 4,591
98
certificate to practice, and the board finds through the random 4,592
samples it conducts under this section or through any other means 4,593
that the individual did not complete the requisite continuing 4,594
medical education, the board may impose a civil penalty of not 4,595
more than five thousand dollars. The board's finding shall be 4,596
made pursuant to an adjudication under Chapter 119. of the 4,597
Revised Code and by an affirmative vote of not fewer than six 4,599
members.
A civil penalty imposed under this division may be in 4,601
addition to or in lieu of any other action the board may take 4,602
under section 4731.22 of the Revised Code. The board shall 4,604
deposit civil penalties in accordance with section 4731.24 of the 4,605
Revised Code.
(F) The state medical board may obtain information not 4,607
protected by statutory or common law privilege from courts and 4,608
other sources concerning malpractice claims against any person 4,609
holding a certificate to practice under this chapter or 4,610
practicing as provided in section 4731.36 of the Revised Code. 4,611
Sec. 4743.05. Except as otherwise provided in sections 4,620
4701.20, 4723.061, and 4729.65 of the Revised Code, all money 4,621
collected under Chapters 3773., 4701., 4703., 4709., 4713., 4,622
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., 4,623
4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code, 4,625
and until December 31, 2004, money collected under Chapter 4779. 4,626
of the Revised Code, shall be paid into the state treasury to the 4,628
credit of the occupational licensing and regulatory fund, which 4,629
is hereby created for use in administering such chapters. Money 4,630
deposited to the credit of the fund under section 4731.24 of the 4,631
Revised Code shall be used until July 1, 1998, for administering 4,632
Chapters 4730. and 4731. of the Revised Code. 4,633
At the end of each quarter, the director of budget and 4,635
management shall transfer from the occupational licensing and 4,637
regulatory fund to the nurse education assistance fund created in 4,638
section 3333.28 of the Revised Code the amount certified to the 4,639
99
director under division (B) of section 4723.08 of the Revised 4,640
Code.
At the end of the first quarter of 1995 and at the end of 4,642
each quarter thereafter, the director shall transfer from the 4,643
occupational licensing and regulatory fund to the certified 4,644
public accountant education assistance fund created in section 4,645
4701.26 of the Revised Code the amount certified to the director 4,647
under division (D)(2) of section 4701.10 of the Revised Code.
Sec. 4751.05. (A) The board of examiners of nursing home 4,656
administrators, or a government or private entity under contract 4,657
with the board to administer examinations for licensure as a 4,658
nursing home administrator, shall admit to an examination any 4,659
candidate who: 4,660
(1) Pays the application fee of fifty dollars; 4,662
(2) Submits evidence of good moral character and 4,664
suitability; 4,665
(3) Is at least eighteen years of age; 4,667
(4) Has completed educational requirements and work 4,669
experience satisfactory to the board; 4,670
(5) Submits an application on forms prescribed by the 4,672
board; 4,673
(6) Pays the examination fee charged by the board or 4,676
government or private entity.
(B) Nothing in Chapter 4751. of the Revised Code or the 4,678
rules adopted thereunder shall be construed to require an 4,679
applicant for licensure or a temporary license, who is employed 4,680
by an institution for the care and treatment of the sick to 4,682
demonstrate proficiency in any medical techniques or to meet any 4,683
medical educational qualifications or medical standards not in 4,684
accord with the remedial care and treatment provided by the 4,685
institution if the institution is all of the following: 4,686
(1) Operated exclusively for patients who use spiritual 4,688
means for healing and for whom the acceptance of medical care is 4,689
inconsistent with their religious beliefs; 4,690
100
(2) Accredited by a national accrediting organization; 4,692
(3) Exempt from federal income taxation under section 501 4,694
of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 4,696
1, as amended; 4,697
(4) Providing twenty-four hour nursing care pursuant to 4,699
the exemption in division (G)(E) of section 4723.32 of the 4,700
Revised Code from the licensing requirements of Chapter 4723. of 4,702
the Revised Code.
(C) If a person fails three times to attain a passing 4,704
grade on the examination, said person, before the person may 4,705
again be admitted to examination, shall meet such additional 4,706
education or experience requirements, or both, as may be 4,707
prescribed by the board. 4,708
Sec. 5111.04. (A) As used in this section: 4,717
(1) "Outpatient health facility" means a facility that 4,719
provides comprehensive primary health services by or under the 4,720
direction of a physician at least five days per week on a 4,721
forty-hour per week basis to outpatients, is operated by the 4,722
board of health of a city or general health district or another 4,723
public agency or by a nonprofit private agency or organization 4,724
under the direction and control of a governing board that has no 4,725
health-related responsibilities other than the direction and 4,726
control of one or more such outpatient health facilities, and 4,727
receives at least seventy-five per cent of its operating funds 4,728
from public sources, except that it does not include an 4,729
outpatient hospital facility or a federally qualified health 4,730
center as defined in Sec. 1905(l) (2)(B) of the "Social Security 4,731
Act," 103 Stat. 2264 (1989), 42 U.S.C.A. 1396d(l)(2)(B). 4,732
(2) "Comprehensive primary health services" means 4,734
preventive, diagnostic, therapeutic, rehabilitative, or 4,735
palliative items or services that include all of the following: 4,736
(a) Services of physicians, physician assistants, and 4,738
certified nurse practitioners; 4,739
(b) Diagnostic laboratory and radiological services; 4,741
101
(c) Preventive health services, such as children's eye and 4,743
ear examinations, perinatal services, well child services, and 4,744
family planning services; 4,745
(d) Arrangements for emergency medical services; 4,747
(e) Transportation services. 4,749
(3) "Certified nurse practitioner" has the same meaning as 4,751
in section 4723.02 4723.01 of the Revised Code. 4,752
(B) Outpatient health facilities are a separate category 4,754
of medical care provider under the rules governing the 4,755
administration of the medical assistance program established 4,756
under section 5111.01 of the Revised Code. Rates of 4,757
reimbursement for items and services provided by an outpatient 4,758
health facility under this section shall be prospectively 4,759
determined by the department of job and family services not less 4,760
often than once each year, shall not be subject to retroactive 4,761
adjustment based on actual costs incurred, and shall not exceed 4,762
the maximum fee schedule or rates of payment, limitations based 4,763
on reasonable costs or customary charges, and limitations based 4,764
on combined payments received for furnishing comparable services, 4,765
as are applicable to outpatient hospital facilities under Title 4,766
XVIII of the "Social Security Act." In determining rates of 4,767
reimbursement prospectively, the department shall take into 4,768
account the historic expenses of the facility, the operating 4,769
requirements and services offered by the facility, and the 4,770
geographical location of the facility, shall provide incentives 4,771
for the efficient and economical utilization of the facility's 4,772
resources, and shall ensure that the facility does not 4,773
discriminate between classes of persons for whom or by whom 4,774
payment for items and services is made. 4,775
(C) A facility does not qualify for classification as an 4,777
outpatient health facility under this section unless it: 4,778
(1) Has health and medical care policies developed with 4,780
the advice of and subject to review by an advisory committee of 4,781
professional personnel, including one or more physicians, one or 4,782
102
more dentists if dental care is provided, and one or more 4,783
registered nurses; 4,784
(2) Has a medical director, a dental director, if dental 4,786
care is provided, and a nursing director responsible for the 4,787
execution of such policies, and has physicians, dentists, 4,788
nursing, and ancillary staff appropriate to the scope of services 4,789
provided; 4,790
(3) Requires that the care of every patient be under the 4,792
supervision of a physician, provides for medical care in case of 4,793
emergency, has in effect a written agreement with one or more 4,794
hospitals and one or more other outpatient facilities, and has an 4,795
established system for the referral of patients to other 4,796
resources and a utilization review plan and program; 4,797
(4) Maintains clinical records on all patients; 4,799
(5) Provides nursing services and other therapeutic 4,801
services in compliance with applicable laws and rules and under 4,802
the supervision of a registered nurse, and has a registered nurse 4,804
on duty at all times when the facility is in operation; 4,805
(6) Follows approved methods and procedures for the 4,807
dispensing and administration of drugs and biologicals; 4,808
(7) Maintains the accounting and record-keeping system 4,810
required under federal laws and regulations for the determination 4,811
of reasonable and allowable costs. 4,812
Sec. 5126.35. As used in this section and in sections 4,821
5126.351 to 5126.357 of the Revised Code: 4,822
(A) "County board client" means a person enrolled in a 4,825
program offered by a county board of mental retardation and 4,826
developmental disabilities or receiving services from a county 4,827
board.
(B) "County board worker" means a person who is employed 4,830
by a county board of mental retardation and developmental 4,831
disabilities or provides services to county board clients either 4,832
as a volunteer or pursuant to a contract with the board, except 4,833
that "county board worker" does not include a health care 4,834
103
professional acting within the scope of practice authorized by
the professional's license or certificate. 4,836
(C) "Delegated nursing task" means a task that is within 4,839
the scope of practice of a nurse as determined pursuant to 4,840
Chapter 4723. of the Revised Code and is delegated by a nurse to 4,841
a county board worker pursuant to a policy adopted by a county 4,842
board under section 5126.351 of the Revised Code. 4,843
(D) "Health care professional" means any of the following: 4,846
(1) A dentist who holds a valid license issued under 4,848
Chapter 4715. of the Revised Code; 4,849
(2) A registered or licensed practical nurse who holds a 4,852
valid license issued under Chapter 4723. of the Revised Code; 4,853
(3) An optometrist who holds a valid license issued under 4,856
Chapter 4725. of the Revised Code;
(4) A pharmacist who holds a valid license issued under 4,858
Chapter 4729. of the Revised Code; 4,859
(5) A doctor of medicine or osteopathic medicine, 4,861
podiatrist, or a practitioner of a limited branch of medicine who 4,862
holds a valid certificate issued under Chapter 4731. of the 4,864
Revised Code;
(6) A physician's PHYSICIAN assistant for whom a physician 4,867
WHO holds a valid certificate of registration issued under 4,868
section 4730.04 CHAPTER 4730. of the Revised Code; 4,869
(7) An occupational therapist or occupational therapy 4,871
assistant or a physical therapist or physical therapy assistant 4,872
who holds a valid license issued under Chapter 4755. of the 4,874
Revised Code;
(8) A respiratory care professional who holds a valid 4,876
license issued under Chapter 4761. of the Revised Code. 4,878
(E) "Nurse" means a registered nurse or licensed practical 4,881
nurse who holds a valid license issued under Chapter 4723. of the 4,882
Revised Code.
(F) "Prescribed medication" means a drug described in 4,885
section 4729.01 of the Revised Code that is to be taken orally or 4,886
104
applied topically pursuant to the instructions of a LICENSED 4,887
health care professional who is authorized by law to prescribe 4,888
drugs, AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE. 4,889
Section 2. That existing sections 2305.24, 2305.25, 4,891
2305.251, 3313.68, 3701.07, 3701.85, 3702.51, 3719.13, 3721.031, 4,893
3721.34, 3727.01, 4723.02, 4723.03, 4723.04, 4723.051, 4723.06,
4723.061, 4723.07, 4723.08, 4723.09, 4723.15, 4723.171, 4723.24, 4,896
4723.25, 4723.28, 4723.281, 4723.282, 4723.31, 4723.32, 4723.34, 4,899
4723.341, 4723.35, 4723.39, 4723.40, 4723.42, 4723.43, 4723.47,
4723.48, 4723.62, 4723.74, 4723.76, 4723.79, 4723.99, 4731.27, 4,900
4731.281, 4743.05, 4751.05, 5111.04, and 5126.35 and section 4,901
4723.342 of the Revised Code are hereby repealed. 4,902
Section 3. The amendment made by this act to section 4,904
4723.02 of the Revised Code providing for a four-year term of 4,905
office for members of the Board of Nursing does not affect the 4,907
terms of the members holding office on the effective date of this 4,909
act.
Section 4. The authority this act grants to the Board of 4,911
Nursing to take disciplinary action under section 4723.28 of the 4,912
Revised Code against a person who has been found eligible for 4,913
intervention in lieu of conviction extends to a person who, prior 4,914
to the effective date of Am. Sub. S.B. 107 of the 123rd General 4,915
Assembly, was found eligible for treatment in lieu of conviction. 4,916
Section 5. Section 4723.02 of the Revised Code is 4,918
presented in this act as a composite of the section as amended by 4,919
Am. Sub. H.B. 241, Sub. S.B. 111, and Am. Sub. S.B. 178 of the 4,920
123rd General Assembly, with the new language of none of the acts 4,921
shown in capital letters. This is in recognition of the 4,922
principle stated in division (B) of section 1.52 of the Revised 4,923
Code that such amendments are to be harmonized where not 4,924
substantively irreconcilable and constitutes a legislative 4,925
finding that such is the resulting version in effect on December 4,926
24, 2000.
Section 6. Sections 4723.04, 4723.06, 4723.08, and 4723.28 4,928
105
of the Revised Code are presented in this act as composites of 4,930
those sections as amended by both Am. Sub. H.B. 241 and Sub. S.B. 4,931
111 of the 123rd General Assembly, with the new language of 4,932
neither of the acts shown in capital letters. This is in 4,933
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be 4,934
harmonized where not substantively irreconcilable and constitutes 4,935
a legislative finding that such are the resulting versions in 4,936
effect prior to the effective date of this act. 4,937
Section 7. That section 4723.17 of the Revised Code be 4,939
re-enacted to read as follows: 4,940
Sec. 4723.17. (A) The board of nursing may authorize a 4,950
licensed practical nurse to administer to an adult intravenous 4,951
therapy authorized by an individual who is authorized to practice 4,952
in this state and is acting within the course of the individual's 4,953
professional practice, if all of the following are true of the
licensed practical nurse: 4,954
(1) The nurse has a current, valid license issued under 4,956
this chapter that includes authorization to administer 4,957
medications.
(2) The nurse has successfully completed a course in 4,959
intravenous administration approved by the board that includes 4,960
both of the following: 4,961
(a) A minimum of forty hours of training that includes all 4,963
of the following: 4,964
(i) The curriculum established by rules adopted by the 4,966
board and in effect on January 1, 1999; 4,967
(ii) Training in the anatomy and physiology of the 4,969
cardiovascular system, signs and symptoms of local and systemic 4,970
complications in the administration of fluids and antibiotic 4,972
additives, and guidelines for management of these complications; 4,973
(iii) Any other training or instruction the board 4,975
considers appropriate. 4,976
(b) A testing component that includes the successful 4,978
106
performance of three venipunctures supervised by a physician or 4,980
registered nurse in a health care setting. 4,981
(B) Except as provided in section 4723.171 of the Revised 4,983
Code, a licensed practical nurse may perform intravenous therapy 4,985
only if authorized by the board pursuant to division (A) of this 4,987
section and only if it is performed in accordance with this 4,989
section.
A licensed practical nurse authorized by the board to 4,991
perform intravenous therapy may perform an intravenous therapy 4,992
procedure only at the direction of one of the following: 4,993
(1) A licensed physician, dentist, optometrist, or 4,995
podiatrist who, except as provided in division (C)(2) of this 4,996
section, is present and readily available at the facility where 4,998
the intravenous therapy procedure is performed; 4,999
(2) A registered nurse in accordance with division (C) of 5,002
this section.
(C)(1) Except as provided in division (C)(2) of this 5,005
section and section 4723.171 of the Revised Code, when a licensed 5,006
practical nurse authorized by the board to perform intravenous 5,008
therapy performs an intravenous therapy procedure at the 5,009
direction of a registered nurse, the registered nurse or another 5,011
registered nurse shall be readily available at the site where the 5,013
intravenous therapy is performed, and before the licensed 5,014
practical nurse initiates the intravenous therapy, the registered 5,015
nurse shall personally perform an on-site assessment of the 5,016
individual who is to receive the intravenous therapy.
(2) When a licensed practical nurse authorized by the 5,018
board to perform intravenous therapy performs an intravenous 5,019
therapy procedure in a home as defined in section 3721.10 of the 5,020
Revised Code, or in an intermediate care facility for the 5,021
mentally retarded as defined in section 5111.20 of the Revised 5,022
Code, at the direction of a registered nurse or licensed 5,024
physician, dentist, optometrist, or podiatrist, a registered 5,025
nurse shall be on the premises of the home or facility or 5,026
107
accessible by some form of telecommunication.
(D) No licensed practical nurse shall perform any of the 5,028
following intravenous therapy procedures: 5,029
(1) Initiating or maintaining any of the following: 5,031
(a) Blood or blood components; 5,033
(b) Solutions for total parenteral nutrition; 5,035
(c) Any cancer therapeutic medication including, but not 5,037
limited to, cancer chemotherapy or an anti-neoplastic agent; 5,038
(d) Solutions administered through any central venous line 5,040
or arterial line or any other line that does not terminate in a 5,042
peripheral vein, except that a licensed practical nurse 5,043
authorized by the board to perform intravenous therapy may 5,044
maintain the solutions specified in division (D)(6)(a) of this 5,045
section that are being administered through a central venous line 5,047
or peripherally inserted central catheter; 5,048
(e) Any investigational or experimental medication. 5,050
(2) Initiating intravenous therapy in any vein, except 5,053
that a licensed practical nurse authorized by the board to 5,054
perform intravenous therapy may initiate intravenous therapy in
accordance with this section in a vein of the hand, forearm, or 5,057
antecubital fossa;
(3) Discontinuing a central venous, arterial, or any other 5,059
line that does not terminate in a peripheral vein; 5,060
(4) Initiating or discontinuing a peripherally inserted 5,062
central catheter; 5,063
(5) Mixing, preparing, or reconstituting any medication 5,066
for intravenous therapy, except that a licensed practical nurse 5,067
authorized by the board to perform intravenous therapy may 5,068
prepare or reconstitute an antibiotic additive; 5,070
(6) Administering medication via the intravenous route, 5,072
including all of the following activities: 5,073
(a) Adding medication to an intravenous solution or to an 5,075
existing infusion, except that a licensed practical nurse 5,077
authorized by the board to perform intravenous therapy may do 5,079
108
either of the following:
(i) Initiate an intravenous infusion containing one or 5,081
more of the following elements: dextrose 5%; normal saline; 5,083
lactated ringers; sodium chloride .45%; sodium chloride 0.2%; 5,084
sterile water.
(ii) Hang subsequent containers of the intravenous 5,086
solutions specified in division (D)(6)(a) of this section that 5,089
contain vitamins or electrolytes, if a registered nurse initiated 5,090
the infusion of that same intravenous solution. 5,091
(b) Initiating or maintaining an intravenous piggyback 5,093
infusion, except that a licensed practical nurse authorized by 5,094
the board to perform intravenous therapy may initiate or maintain 5,095
an intravenous piggyback infusion containing an antibiotic 5,097
additive;
(c) Injecting medication via a direct intravenous route, 5,099
except that a licensed practical nurse authorized by the board to 5,100
perform intravenous therapy may inject heparin or normal saline 5,103
to flush an intermittent infusion device or heparin lock 5,104
including, but not limited to, bolus or push.
(7) Aspirating any intravenous line to maintain patency; 5,106
(8) Changing tubing on any line including, but not limited 5,108
to, an arterial line or a central venous line, except that a 5,111
licensed practical nurse authorized by the board to perform 5,112
intravenous therapy may change tubing on an intravenous line that 5,113
terminates in a peripheral vein;
(9) Programming or setting any function of a patient 5,115
controlled infusion pump. 5,116
(E) Notwithstanding division (D) of this section, at the 5,119
direction of a physician or a registered nurse, a licensed 5,120
practical nurse authorized by the board to perform intravenous 5,121
therapy may perform the following activities for the purpose of 5,123
performing dialysis:
(1) The routine administration and regulation of saline 5,125
solution for the purpose of maintaining an established fluid 5,126
109
plan;
(2) The administration of a heparin dose intravenously; 5,128
(3) The administration of a heparin dose peripherally via 5,130
a fistula needle; 5,131
(4) The loading and activation of a constant infusion pump 5,133
or the intermittent injection of a dose of medication prescribed 5,134
by a licensed physician for dialysis. 5,135
(F) No person shall employ or direct a licensed practical 5,137
nurse to perform an intravenous therapy procedure without first 5,139
verifying that the licensed practical nurse is authorized by the 5,140
board to perform intravenous therapy. 5,141
(G) The board shall maintain a registry of the names of 5,145
licensed practical nurses authorized pursuant to division (A) of 5,146
this section to perform intravenous therapy.
Section 8. That existing section 4723.17 of the Revised 5,148
Code is hereby repealed. 5,149
Section 9. The re-enactment and repeal of existing section 5,151
4723.17 of the Revised Code is intended to confirm the resulting 5,152
version of the section in effect prior to the effective date of 5,153
this act. The re-enacted section, previously numbered as section 5,154
4723.48 of the Revised Code, is not presented in capital letters 5,155
because it is a composite of the section as previously amended by 5,156
Am. Sub. H.B. 241 and Am. Sub. S.B. 178 of the 123rd General
Assembly. Under division (B) of section 1.52 of the Revised 5,157
Code, because these amendments can be put into simultaneous 5,158
operation, they were harmonized prior to the effective date of 5,159
this act to give effect to each.
Section 10. That the version of section 4723.99 of the 5,161
Revised Code that is scheduled to take effect June 27, 2001, be 5,162
amended to read as follows:
Sec. 4723.99. Whoever (A) EXCEPT AS PROVIDED IN DIVISION 5,171
(B) OF THIS SECTION, WHOEVER violates section 4723.03, 4723.44, 5,172
or 4723.73 of the Revised Code shall be fined five hundred 5,173
dollars or imprisoned not more than ninety days or both IS GUILTY 5,174
110
OF A FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE AND A FELONY 5,175
OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE. 5,176
(B) A REGISTERED NURSE OR LICENSED PRACTICAL NURSE WHO 5,178
VIOLATES DIVISION (A) OR (B) OF SECTION 4723.03 OF THE REVISED 5,179
CODE BY REASON OF A LICENSE TO PRACTICE NURSING THAT HAS LAPSED 5,180
FOR FAILURE TO RENEW OR BY PRACTICING NURSING AFTER A LICENSE HAS 5,181
BEEN CLASSIFIED AS INACTIVE IS GUILTY OF A MINOR MISDEMEANOR. 5,182
Section 11. That the existing version of section 4723.99 5,184
of the Revised Code that is scheduled to take effect June 27, 5,185
2001, is hereby repealed.
Section 12. Sections 10 and 11 of this act take effect 5,187
June 27, 2001.