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