As Reported by the Senate Insurance, Commerce 1 and Labor Committee 2 123rd General Assembly 5 Regular Session Sub. H. B. No. 87 6 1999-2000 7 REPRESENTATIVES BATEMAN-THOMAS-OLMAN-SENATOR HOTTINGER 9 _________________________________________________________________ 11 A B I L L To amend section 4723.02 and to enact sections 13 4723.48, 4777.01, 4777.02, 4777.03, 4777.04, and 14 4777.99 of the Revised Code to prohibit persons 15 from using certain titles relating to the 17 practice of occupational safety or the practice of industrial hygiene unless they meet specified 18 requirements and to establish those requirements. 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21 Section 1. That section 4723.02 be amended and sections 23 4723.48, 4777.01, 4777.02, 4777.03, 4777.04, and 4777.99 of the 25 Revised Code be enacted to read as follows: Sec. 4723.02. As used in this chapter: 34 (A) "Registered nurse" means an individual who holds a 36 current, valid license issued under this chapter that authorizes 37 the practice of nursing as a registered nurse. 38 (B) "Practice of nursing as a registered nurse" means 40 providing to individuals and groups nursing care requiring 41 specialized knowledge, judgment, and skill derived from the 42 principles of biological, physical, behavioral, social, and 43 nursing sciences. Such nursing care includes: 44 (1) Identifying patterns of human responses to actual or 46 potential health problems amenable to a nursing regimen; 47 (2) Executing a nursing regimen through the selection, 49 performance, management, and evaluation of nursing actions; 50 (3) Assessing health status for the purpose of providing 52 2 nursing care; 53 (4) Providing health counseling and health teaching; 55 (5) Administering medications, treatments, and executing 57 regimens prescribed by licensed physicians; dentists; 59 optometrists; podiatrists; or, until January 1, 2010, advanced 61 practice nurses authorized to prescribe under section 4723.56 of 62 the Revised Code; (6) Teaching, administering, supervising, delegating, and 64 evaluating nursing practice. 65 (C) "Nursing regimen" may include preventative, 67 restorative, and health promotion activities. 68 (D) "Assessing health status" means the collection of data 70 through nursing assessment techniques, which may include 71 interviews, observation, and physical evaluations for the purpose 72 of providing nursing care. 73 (E) "Licensed practical nurse" means an individual who 75 holds a current, valid license issued under this chapter that 76 authorizes the practice of nursing as a licensed practical nurse. 77 (F) "The practice of nursing as a licensed practical 79 nurse" means providing to individuals and groups nursing care 80 requiring the application of basic knowledge of the biological, 81 physical, behavioral, social, and nursing sciences at the 82 direction of a licensed physician, dentist, podiatrist, 83 optometrist, or registered nurse. Such nursing care includes: 84 (1) Observation, patient teaching, and care in a diversity 86 of health care settings; 87 (2) Contributions to the planning, implementation, and 89 evaluation of nursing; 90 (3) Administration of medications and treatments 92 prescribed by a licensed physician; dentist; optometrist; 94 podiatrist; or, until January 1, 2010, an advanced practice nurse 96 authorized to prescribe under section 4723.56 of the Revised 97 Code, EXCEPT THAT ADMINISTRATION OF INTRAVENOUS THERAPY SHALL BE 98 PERFORMED ONLY IN ACCORDANCE WITH SECTION 4723.48 OF THE REVISED 99 3 CODE. Medications may be administered by a licensed practical 100 nurse upon proof of completion of a course in medication 101 administration approved by the board of nursing. (4) ADMINISTRATION TO AN ADULT OF INTRAVENOUS THERAPY 103 PRESCRIBED BY A LICENSED PHYSICIAN; DENTIST; OPTOMETRIST; 104 PODIATRIST; OR, UNTIL JANUARY 1, 2010, AN ADVANCED PRACTICE NURSE 105 AUTHORIZED TO PRESCRIBE UNDER SECTION 4723.56 OF THE REVISED 107 CODE, ON THE CONDITION THAT THE LICENSED PRACTICAL NURSE IS 108 AUTHORIZED BY THE BOARD OF NURSING PURSUANT TO SECTION 4723.48 OF 110 THE REVISED CODE TO PERFORM INTRAVENOUS THERAPY AND PERFORMS 112 INTRAVENOUS THERAPY ONLY IN ACCORDANCE WITH SECTION 4723.48 OF 113 THE REVISED CODE. 114 (G) "Certified registered nurse anesthetist" means a 117 registered nurse who holds a valid certificate of authority 118 issued under this chapter that authorizes the practice of nursing 119 as a certified registered nurse anesthetist in accordance with 120 section 4723.43 of the Revised Code and rules adopted by the 121 board of nursing. 122 (H) "Clinical nurse specialist" means a registered nurse 125 who holds a valid certificate of authority issued under this 126 chapter that authorizes the practice of nursing as a clinical 127 nurse specialist in accordance with section 4723.43 of the 128 Revised Code and rules adopted by the board of nursing. 129 (I) "Certified nurse-midwife" means a registered nurse who 131 holds a valid certificate of authority issued under this chapter 132 that authorizes the practice of nursing as a certified 133 nurse-midwife in accordance with section 4723.43 of the Revised 134 Code and rules adopted by the board of nursing. 135 (J) "Certified nurse practitioner" means a registered 137 nurse who holds a valid certificate of authority issued under 138 this chapter that authorizes the practice of nursing as a 139 certified nurse practitioner in accordance with section 4723.43 140 of the Revised Code and rules adopted by the board of nursing. 142 (K) "Physician" means an individual who holds a 145 4 certificate issued under Chapter 4731. of the Revised Code 147 authorizing the practice of medicine and surgery or osteopathic 149 medicine and surgery and is practicing in this state. 150 (L) "Dentist" means an individual who is licensed under 153 Chapter 4715. of the Revised Code to practice dentistry and is 154 practicing in this state. 155 (M) "Podiatrist" means an individual who holds a 158 certificate issued under Chapter 4731. of the Revised Code 159 authorizing the practice of podiatry and is practicing in this 160 state. (N) "Collaboration" or "collaborating" means the 162 following: 163 (1) In the case of a clinical nurse specialist, except as 166 provided in division (N)(3) of this section, or a certified nurse practitioner, that a podiatrist acting within the podiatrist's 167 scope of practice in accordance with section 4731.51 of the 168 Revised Code and with whom the nurse has entered into a standard 170 care arrangement or physician with whom the nurse has entered into a standard care arrangement is continuously available to 172 communicate with the clinical nurse specialist or certified nurse 173 practitioner either in person or by radio, telephone, or other 174 form of telecommunication; (2) In the case of a certified nurse-midwife, that a 176 physician with whom the certified nurse-midwife has entered into 177 a standard care arrangement is continuously available to 178 communicate with the certified nurse-midwife either in person or 179 by radio, telephone, or other form of telecommunication; 180 (3) In the case of a clinical nurse specialist whose 182 nursing specialty is mental health or psychiatric mental health, 183 that a physician is continuously available to communicate with 185 the nurse either in person or by radio, telephone, or other form 186 of telecommunication. (O) "Supervision" means that a certified registered nurse 189 anesthetist is under the direction of a podiatrist acting within 190 5 the podiatrist's scope of practice in accordance with section 4731.51 of the Revised Code, a dentist acting within the 192 dentist's scope of practice in accordance with Chapter 4715. of 194 the Revised Code, or a physician, and, when administering 195 anesthesia, the certified registered nurse anesthetist is in the 196 immediate presence of the podiatrist, dentist, or physician. 197 (P) "Standard care arrangement" means a written, formal 200 guide for planning and evaluating a patient's health care that is 201 developed by a collaborating physician or podiatrist and a clinical nurse specialist, certified nurse-midwife, or certified 202 nurse practitioner and meets the requirements of section 4723.431 203 of the Revised Code. 204 Sec. 4723.48. (A) THE BOARD OF NURSING MAY AUTHORIZE A 206 LICENSED PRACTICAL NURSE TO ADMINISTER TO AN ADULT INTRAVENOUS 207 THERAPY PRESCRIBED BY A LICENSED PHYSICIAN; DENTIST; OPTOMETRIST; 209 PODIATRIST; OR, UNTIL JANUARY 1, 2010, AN ADVANCED PRACTICE NURSE 210 AUTHORIZED TO PRESCRIBE UNDER SECTION 4723.56 OF THE REVISED 211 CODE, IF ALL OF THE FOLLOWING ARE TRUE OF THE LICENSED PRACTICAL 212 NURSE: (1) THE NURSE HAS A CURRENT, VALID LICENSE ISSUED UNDER 214 THIS CHAPTER THAT INCLUDES AUTHORIZATION TO ADMINISTER 215 MEDICATIONS. (2) THE NURSE HAS SUCCESSFULLY COMPLETED A COURSE IN 217 INTRAVENOUS ADMINISTRATION APPROVED BY THE BOARD OF NURSING THAT 218 INCLUDES BOTH OF THE FOLLOWING: 219 (a) A MINIMUM OF FORTY HOURS OF TRAINING THAT INCLUDES ALL 221 OF THE FOLLOWING: 222 (i) THE CURRICULUM ESTABLISHED BY RULES ADOPTED BY THE 224 BOARD OF NURSING AND IN EFFECT ON JANUARY 1, 1999; 226 (ii) TRAINING IN THE ANATOMY AND PHYSIOLOGY OF THE 228 CARDIOVASCULAR SYSTEM, SIGNS AND SYMPTOMS OF LOCAL AND SYSTEMIC 229 COMPLICATIONS IN THE ADMINISTRATION OF FLUIDS AND ANTIBIOTIC 231 ADDITIVES, AND GUIDELINES FOR MANAGEMENT OF THESE COMPLICATIONS; 232 (iii) ANY OTHER TRAINING OR INSTRUCTION THE BOARD 234 6 CONSIDERS APPROPRIATE. 235 (b) A TESTING COMPONENT THAT INCLUDES THREE VENIPUNCTURES 236 SUPERVISED BY A PHYSICIAN OR REGISTERED NURSE IN A HEALTH CARE 237 SETTING. 238 (B) A LICENSED PRACTICAL NURSE MAY PERFORM INTRAVENOUS 240 THERAPY ONLY IF AUTHORIZED BY THE BOARD OF NURSING PURSUANT TO 242 DIVISION (A) OF THIS SECTION AND ONLY IF IT IS PERFORMED IN 243 ACCORDANCE WITH THIS SECTION. A LICENSED PRACTICAL NURSE AUTHORIZED TO PERFORM 245 INTRAVENOUS THERAPY MAY PERFORM AN INTRAVENOUS THERAPY PROCEDURE 246 ONLY AT THE DIRECTION OF ONE OF THE FOLLOWING: 247 (1) A LICENSED PHYSICIAN, DENTIST, OPTOMETRIST, OR 249 PODIATRIST WHO, EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 250 SECTION, IS PRESENT AND READILY AVAILABLE AT THE FACILITY WHERE 251 THE INTRAVENOUS THERAPY PROCEDURE IS PERFORMED; 252 (2) A REGISTERED NURSE IN ACCORDANCE WITH DIVISION (C) OF 255 THIS SECTION. (C)(1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 257 SECTION, WHEN A LICENSED PRACTICAL NURSE AUTHORIZED TO PERFORM 258 INTRAVENOUS THERAPY PERFORMS AN INTRAVENOUS THERAPY PROCEDURE AT 259 THE DIRECTION OF A REGISTERED NURSE, THE REGISTERED NURSE OR 261 ANOTHER REGISTERED NURSE SHALL BE READILY AVAILABLE AT THE SITE 262 WHERE THE INTRAVENOUS THERAPY IS PERFORMED, AND BEFORE THE 263 LICENSED PRACTICAL NURSE INITIATES THE INTRAVENOUS THERAPY, THE 264 REGISTERED NURSE SHALL PERSONALLY PERFORM AN ON-SITE ASSESSMENT 265 OF THE INDIVIDUAL WHO IS TO RECEIVE THE INTRAVENOUS THERAPY. 266 (2) WHEN A LICENSED PRACTICAL NURSE AUTHORIZED TO PERFORM 268 INTRAVENOUS THERAPY PERFORMS AN INTRAVENOUS THERAPY PROCEDURE IN 269 A HOME AS DEFINED IN SECTION 3721.10 OF THE REVISED CODE, OR IN 270 AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED AS 271 DEFINED IN SECTION 5111.20 OF THE REVISED CODE, AT THE DIRECTION 273 OF A REGISTERED NURSE OR LICENSED PHYSICIAN, DENTIST, 274 OPTOMETRIST, OR PODIATRIST, A REGISTERED NURSE SHALL BE ON THE 275 PREMISES OF THE HOME OR FACILITY OR ACCESSIBLE BY SOME FORM OF 276 7 TELECOMMUNICATION. (D) NO LICENSED PRACTICAL NURSE SHALL PERFORM ANY OF THE 278 FOLLOWING INTRAVENOUS THERAPY PROCEDURES: 279 (1) INITIATING OR MAINTAINING ANY OF THE FOLLOWING: 281 (a) BLOOD OR BLOOD COMPONENTS; 283 (b) SOLUTIONS FOR TOTAL PARENTERAL NUTRITION; 285 (c) ANY CANCER THERAPEUTIC MEDICATION INCLUDING, BUT NOT 287 LIMITED TO, CANCER CHEMOTHERAPY OR AN ANTI-NEOPLASTIC AGENT; 288 (d) SOLUTIONS ADMINISTERED THROUGH ANY CENTRAL VENOUS LINE 290 OR ARTERIAL LINE OR ANY OTHER LINE THAT DOES NOT TERMINATE IN A 291 PERIPHERAL VEIN, EXCEPT THAT A LICENSED PRACTICAL NURSE MAY 292 MAINTAIN THE SOLUTIONS SPECIFIED IN DIVISION (D)(6) OF THIS 293 SECTION THAT ARE BEING ADMINISTERED THROUGH A CENTRAL VENOUS LINE 294 OR PERIPHERALLY INSERTED CENTRAL CATHETER; 295 (e) ANY INVESTIGATIONAL OR EXPERIMENTAL MEDICATION. 297 (2) INITIATING INTRAVENOUS THERAPY IN ANY VEIN OTHER THAN 299 A VEIN OF THE HAND, FOREARM, OR ANTECUBITAL FOSSA; 300 (3) DISCONTINUING A CENTRAL VENOUS, ARTERIAL, OR ANY OTHER 302 LINE THAT DOES NOT TERMINATE IN A PERIPHERAL VEIN; 303 (4) INITIATING OR DISCONTINUING A PERIPHERALLY INSERTED 305 CENTRAL CATHETER; 306 (5) MIXING, PREPARING, OR RECONSTRUCTING ANY MEDICATION 308 FOR INTRAVENOUS THERAPY, EXCEPT THAT A LICENSED PRACTICAL NURSE 309 AUTHORIZED TO PERFORM INTRAVENOUS THERAPY MAY PREPARE OR 310 RECONSTITUTE AN ANTIBIOTIC ADDITIVE; 311 (6) ADMINISTERING MEDICATION VIA THE INTRAVENOUS ROUTE 313 INCLUDING ALL OF THE FOLLOWING: 314 (a) ADDING MEDICATION TO AN INTRAVENOUS SOLUTION OR TO AN 316 EXISTING INFUSION, EXCEPT THAT A LICENSED PRACTICAL NURSE 317 AUTHORIZED TO ADMINISTER INTRAVENOUS THERAPY MAY INITIATE AN 318 INTRAVENOUS INFUSION CONTAINING ONE OR MORE OF THE FOLLOWING 319 ELEMENTS: (i) DEXTROSE 5%; 321 (ii) NORMAL SALINE; 323 8 (iii) LACTATED RINGERS; 325 (iv) SODIUM CHLORIDE .45%; 327 (v) SODIUM CHLORIDE 0.2%; 329 (vi) WATER. 331 (b) INITIATING OR MAINTAINING AN INTRAVENOUS PIGGYBACK 333 INFUSION, EXCEPT THAT A LICENSED PRACTICAL NURSE AUTHORIZED TO 334 ADMINISTER INTRAVENOUS THERAPY MAY INITIATE OR MAINTAIN AN 335 INTRAVENOUS PIGGYBACK INFUSION CONTAINING AN ANTIBIOTIC ADDITIVE; 336 (c) INJECTING MEDICATION VIA A DIRECT INTRAVENOUS ROUTE, 338 EXCEPT THAT A LICENSED PRACTICAL NURSE AUTHORIZED TO ADMINISTER 339 INTRAVENOUS THERAPY MAY INJECT HEPARIN OR NORMAL SALINE TO FLUSH 340 AN INTERMITTENT INFUSION DEVICE OR HEPARIN LOCK INCLUDING, BUT 341 NOT LIMITED TO, BOLUS OR PUSH. (7) ASPIRATING ANY INTRAVENOUS LINE TO MAINTAIN PATENCY; 343 (8) CHANGING TUBING ON ANY LINE OTHER THAN ONE THAT 345 TERMINATES IN A PERIPHERAL VEIN INCLUDING, BUT NOT LIMITED TO, AN 346 ARTERIAL LINE OR A CENTRAL VENOUS LINE; 347 (9) PROGRAMMING OR SETTING ANY FUNCTION OF A PATIENT 349 CONTROLLED INFUSION PUMP. 350 (E) NO PERSON SHALL EMPLOY OR DIRECT A LICENSED PRACTICAL 352 NURSE TO PERFORM AN INTRAVENOUS THERAPY PROCEDURE WITHOUT FIRST 353 VERIFYING THAT THE LICENSED PRACTICAL NURSE HAS BEEN APPROVED BY 354 THE BOARD OF NURSING TO PERFORM INTRAVENOUS THERAPY. 355 (F) THE BOARD OF NURSING SHALL MAINTAIN A REGISTRY OF THE 357 NAMES OF LICENSED PRACTICAL NURSES AUTHORIZED PURSUANT TO 358 DIVISION (A) OF THIS SECTION TO PERFORM INTRAVENOUS THERAPY. 359 Sec. 4777.01. AS USED IN THIS CHAPTER: 361 (A) "THE PRACTICE OF INDUSTRIAL HYGIENE" MEANS THE 364 ANTICIPATION, PREVENTION, RECOGNITION, EVALUATION, ELIMINATION, 365 AND CONTROL OF ENVIRONMENTAL, BIOLOGICAL, CHEMICAL, PHYSICAL, AND 366 ERGONOMIC FACTORS AND STRESSES ARISING IN OR FROM THE WORKPLACE 367 THAT MAY CAUSE SICKNESS, IMPAIRED HEALTH AND WELL-BEING, OR 368 SIGNIFICANT DISCOMFORT AMONG WORKERS OR THE GENERAL PUBLIC. 369 (B) "CERTIFIED INDUSTRIAL HYGIENIST" OR "CIH" MEANS A 373 9 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (A) OF SECTION 374 4777.03 OF THE REVISED CODE. (C) "INDUSTRIAL HYGIENIST IN TRAINING" OR "IHIT" MEANS A 378 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (B) OF SECTION 380 4777.03 OF THE REVISED CODE. (D) "THE PRACTICE OF OCCUPATIONAL SAFETY" MEANS THE 383 PRESERVATION OF HUMAN AND MATERIAL RESOURCES THROUGH THE 384 SYSTEMATIC APPLICATION OF EDUCATION, CHEMISTRY, PHYSICS, 385 BIOLOGICAL, ERGONOMIC, PSYCHOLOGICAL, PHYSIOLOGICAL, AND 386 MANAGEMENT PRINCIPLES FOR ANTICIPATING, IDENTIFYING, AND 387 EVALUATING HAZARDOUS SYSTEMS, CONDITIONS, AND PRACTICES IN THE 388 WORKPLACE AND DEVELOPING, IMPLEMENTING, AND ADMINISTERING 389 PROGRAMS TO ALLEVIATE THOSE HAZARDS. 390 (E) "CERTIFIED SAFETY PROFESSIONAL" OR "CSP" MEANS A 393 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (C) OF SECTION 395 4777.03 OF THE REVISED CODE. (F) "ASSOCIATE SAFETY PROFESSIONAL" OR "ASP" MEANS A 398 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (D) OF SECTION 400 4777.03 OF THE REVISED CODE. Sec. 4777.02. NO PERSON SHALL ASSUME OR USE THE TITLE OR 403 DESIGNATION "CERTIFIED INDUSTRIAL HYGIENIST," "INDUSTRIAL 405 HYGIENIST IN TRAINING," "CERTIFIED SAFETY PROFESSIONAL," OR 407 "ASSOCIATE SAFETY PROFESSIONAL," OR ANY OF THE ABBREVIATIONS 409 "CIH," "IHIT," "CSP," OR "ASP," UNLESS THE PERSON HAS BEEN 410 AWARDED THE TITLE BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR 411 THE BOARD OF CERTIFIED SAFETY PROFESSIONALS AS SPECIFIED IN 412 SECTION 4777.03 OF THE REVISED CODE. Sec. 4777.03. (A) IN ORDER TO USE THE TITLE "CERTIFIED 416 INDUSTRIAL HYGIENIST," OR THE ABBREVIATION "CIH," A PERSON SHALL 417 POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD 419 OF INDUSTRIAL HYGIENE. (B) IN ORDER TO USE THE TITLE "INDUSTRIAL HYGIENIST IN 423 TRAINING," OR THE ABBREVIATION "IHIT," A PERSON SHALL POSSESS A 424 VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD OF 426 10 INDUSTRIAL HYGIENE. (C) IN ORDER TO USE THE TITLE "CERTIFIED SAFETY 430 PROFESSIONAL," OR THE ABBREVIATION "CSP," A PERSON SHALL POSSESS 431 A VALID, UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED 432 SAFETY PROFESSIONALS. 433 (D) IN ORDER TO USE THE TITLE "ASSOCIATE SAFETY 436 PROFESSIONAL," OR THE ABBREVIATION "ASP," A PERSON SHALL POSSESS 437 A VALID, UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED 438 SAFETY PROFESSIONALS. 439 Sec. 4777.04. THE FOLLOWING PERSONS ARE NOT PROHIBITED 441 FROM ENGAGING IN THE PRACTICE OF INDUSTRIAL HYGIENE AND THE 442 PRACTICE OF OCCUPATIONAL SAFETY: (A) A PERSON WORKING AS AN APPRENTICE UNDER THE 444 SUPERVISION OF A CERTIFIED INDUSTRIAL HYGIENIST, INDUSTRIAL 446 HYGIENIST IN TRAINING, CERTIFIED SAFETY PROFESSIONAL, OR 449 ASSOCIATE SAFETY PROFESSIONAL; 450 (B) A PERSON ENGAGING IN THE SUPERVISED PRACTICE OF 452 INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY THROUGH 454 A COURSE OF STUDY IN THAT PRACTICE; (C) A PERSON WHO HOLDS A CERTIFICATION, REGISTRATION, OR 456 LICENSE UNDER ANOTHER SECTION OF THE REVISED CODE IF THAT PERSON 457 DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE; 458 (D) A PERSON ENGAGING IN ACTIVITIES WITHIN THE SCOPE OF 460 THE PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF 461 OCCUPATIONAL SAFETY WHO DOES NOT MEET THE REQUIREMENTS SPECIFIED 462 IN SECTION 4777.03 OF THE REVISED CODE, INCLUDING A PERSON WHO IS 463 CERTIFIED, REGISTERED, OR LICENSED BY GROUPS, ORGANIZATIONS, OR 464 CERTIFYING BODIES OTHER THAN THE AMERICAN BOARD OF INDUSTRIAL 465 HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, IF THAT 466 PERSON DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE. 467 Sec. 4777.99. WHOEVER VIOLATES SECTION 4777.02 OF THE 469 REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 471 Section 2. That existing section 4723.02 of the Revised 473 Code is hereby repealed. 474