As Passed by the Senate 1 123rd General Assembly 4 Regular Session Am. Sub. H. B. No. 87 5 1999-2000 6 REPRESENTATIVES BATEMAN-THOMAS-OLMAN-SENATORS HOTTINGER- 8 KEARNS-SPADA 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, to establish those requirements, 19 and to establish requirements for the administration of intravenous therapy by licensed 20 practical nurses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22 Section 1. That section 4723.02 be amended and sections 24 4723.48, 4777.01, 4777.02, 4777.03, 4777.04, and 4777.99 of the 26 Revised Code be enacted to read as follows: Sec. 4723.02. As used in this chapter: 35 (A) "Registered nurse" means an individual who holds a 37 current, valid license issued under this chapter that authorizes 38 the practice of nursing as a registered nurse. 39 (B) "Practice of nursing as a registered nurse" means 41 providing to individuals and groups nursing care requiring 42 specialized knowledge, judgment, and skill derived from the 43 principles of biological, physical, behavioral, social, and 44 nursing sciences. Such nursing care includes: 45 (1) Identifying patterns of human responses to actual or 47 potential health problems amenable to a nursing regimen; 48 2 (2) Executing a nursing regimen through the selection, 50 performance, management, and evaluation of nursing actions; 51 (3) Assessing health status for the purpose of providing 53 nursing care; 54 (4) Providing health counseling and health teaching; 56 (5) Administering medications, treatments, and executing 58 regimens prescribed by licensed physicians; dentists; 60 optometrists; podiatrists; or, until January 1, 2010, advanced 62 practice nurses authorized to prescribe under section 4723.56 of 63 the Revised Code; (6) Teaching, administering, supervising, delegating, and 65 evaluating nursing practice. 66 (C) "Nursing regimen" may include preventative, 68 restorative, and health promotion activities. 69 (D) "Assessing health status" means the collection of data 71 through nursing assessment techniques, which may include 72 interviews, observation, and physical evaluations for the purpose 73 of providing nursing care. 74 (E) "Licensed practical nurse" means an individual who 76 holds a current, valid license issued under this chapter that 77 authorizes the practice of nursing as a licensed practical nurse. 78 (F) "The practice of nursing as a licensed practical 80 nurse" means providing to individuals and groups nursing care 81 requiring the application of basic knowledge of the biological, 82 physical, behavioral, social, and nursing sciences at the 83 direction of a licensed physician, dentist, podiatrist, 84 optometrist, or registered nurse. Such nursing care includes: 85 (1) Observation, patient teaching, and care in a diversity 87 of health care settings; 88 (2) Contributions to the planning, implementation, and 90 evaluation of nursing; 91 (3) Administration of medications and treatments 93 prescribed by a licensed physician; dentist; optometrist; 95 podiatrist; or, until January 1, 2010, an advanced practice nurse 97 3 authorized to prescribe under section 4723.56 of the Revised 98 Code, EXCEPT THAT ADMINISTRATION OF INTRAVENOUS THERAPY SHALL BE 99 PERFORMED ONLY IN ACCORDANCE WITH SECTION 4723.48 OF THE REVISED 100 CODE. Medications may be administered by a licensed practical 101 nurse upon proof of completion of a course in medication 102 administration approved by the board of nursing. (4) ADMINISTRATION TO AN ADULT OF INTRAVENOUS THERAPY 104 PRESCRIBED BY A LICENSED PHYSICIAN; DENTIST; OPTOMETRIST; 105 PODIATRIST; OR, UNTIL JANUARY 1, 2010, AN ADVANCED PRACTICE NURSE 106 AUTHORIZED TO PRESCRIBE UNDER SECTION 4723.56 OF THE REVISED 108 CODE, ON THE CONDITION THAT THE LICENSED PRACTICAL NURSE IS 109 AUTHORIZED BY THE BOARD OF NURSING PURSUANT TO SECTION 4723.48 OF 111 THE REVISED CODE TO PERFORM INTRAVENOUS THERAPY AND PERFORMS 113 INTRAVENOUS THERAPY ONLY IN ACCORDANCE WITH SECTION 4723.48 OF 114 THE REVISED CODE. 115 (G) "Certified registered nurse anesthetist" means a 118 registered nurse who holds a valid certificate of authority 119 issued under this chapter that authorizes the practice of nursing 120 as a certified registered nurse anesthetist in accordance with 121 section 4723.43 of the Revised Code and rules adopted by the 122 board of nursing. 123 (H) "Clinical nurse specialist" means a registered nurse 126 who holds a valid certificate of authority issued under this 127 chapter that authorizes the practice of nursing as a clinical 128 nurse specialist in accordance with section 4723.43 of the 129 Revised Code and rules adopted by the board of nursing. 130 (I) "Certified nurse-midwife" means a registered nurse who 132 holds a valid certificate of authority issued under this chapter 133 that authorizes the practice of nursing as a certified 134 nurse-midwife in accordance with section 4723.43 of the Revised 135 Code and rules adopted by the board of nursing. 136 (J) "Certified nurse practitioner" means a registered 138 nurse who holds a valid certificate of authority issued under 139 this chapter that authorizes the practice of nursing as a 140 4 certified nurse practitioner in accordance with section 4723.43 141 of the Revised Code and rules adopted by the board of nursing. 143 (K) "Physician" means an individual who holds a 146 certificate issued under Chapter 4731. of the Revised Code 148 authorizing the practice of medicine and surgery or osteopathic 150 medicine and surgery and is practicing in this state. 151 (L) "Dentist" means an individual who is licensed under 154 Chapter 4715. of the Revised Code to practice dentistry and is 155 practicing in this state. 156 (M) "Podiatrist" means an individual who holds a 159 certificate issued under Chapter 4731. of the Revised Code 160 authorizing the practice of podiatry and is practicing in this 161 state. (N) "Collaboration" or "collaborating" means the 163 following: 164 (1) In the case of a clinical nurse specialist, except as 167 provided in division (N)(3) of this section, or a certified nurse practitioner, that a podiatrist acting within the podiatrist's 168 scope of practice in accordance with section 4731.51 of the 169 Revised Code and with whom the nurse has entered into a standard 171 care arrangement or physician with whom the nurse has entered into a standard care arrangement is continuously available to 173 communicate with the clinical nurse specialist or certified nurse 174 practitioner either in person or by radio, telephone, or other 175 form of telecommunication; (2) In the case of a certified nurse-midwife, that a 177 physician with whom the certified nurse-midwife has entered into 178 a standard care arrangement is continuously available to 179 communicate with the certified nurse-midwife either in person or 180 by radio, telephone, or other form of telecommunication; 181 (3) In the case of a clinical nurse specialist whose 183 nursing specialty is mental health or psychiatric mental health, 184 that a physician is continuously available to communicate with 186 the nurse either in person or by radio, telephone, or other form 187 5 of telecommunication. (O) "Supervision" means that a certified registered nurse 190 anesthetist is under the direction of a podiatrist acting within 191 the podiatrist's scope of practice in accordance with section 4731.51 of the Revised Code, a dentist acting within the 193 dentist's scope of practice in accordance with Chapter 4715. of 195 the Revised Code, or a physician, and, when administering 196 anesthesia, the certified registered nurse anesthetist is in the 197 immediate presence of the podiatrist, dentist, or physician. 198 (P) "Standard care arrangement" means a written, formal 201 guide for planning and evaluating a patient's health care that is 202 developed by a collaborating physician or podiatrist and a clinical nurse specialist, certified nurse-midwife, or certified 203 nurse practitioner and meets the requirements of section 4723.431 204 of the Revised Code. 205 Sec. 4723.48. (A) THE BOARD OF NURSING MAY AUTHORIZE A 207 LICENSED PRACTICAL NURSE TO ADMINISTER TO AN ADULT INTRAVENOUS 208 THERAPY PRESCRIBED BY A LICENSED PHYSICIAN; DENTIST; OPTOMETRIST; 210 PODIATRIST; OR, UNTIL JANUARY 1, 2010, AN ADVANCED PRACTICE NURSE 211 AUTHORIZED TO PRESCRIBE UNDER SECTION 4723.56 OF THE REVISED 212 CODE, IF ALL OF THE FOLLOWING ARE TRUE OF THE LICENSED PRACTICAL 213 NURSE: (1) THE NURSE HAS A CURRENT, VALID LICENSE ISSUED UNDER 215 THIS CHAPTER THAT INCLUDES AUTHORIZATION TO ADMINISTER 216 MEDICATIONS. (2) THE NURSE HAS SUCCESSFULLY COMPLETED A COURSE IN 218 INTRAVENOUS ADMINISTRATION APPROVED BY THE BOARD OF NURSING THAT 219 INCLUDES BOTH OF THE FOLLOWING: 220 (a) A MINIMUM OF FORTY HOURS OF TRAINING THAT INCLUDES ALL 222 OF THE FOLLOWING: 223 (i) THE CURRICULUM ESTABLISHED BY RULES ADOPTED BY THE 225 BOARD OF NURSING AND IN EFFECT ON JANUARY 1, 1999; 227 (ii) TRAINING IN THE ANATOMY AND PHYSIOLOGY OF THE 229 CARDIOVASCULAR SYSTEM, SIGNS AND SYMPTOMS OF LOCAL AND SYSTEMIC 230 6 COMPLICATIONS IN THE ADMINISTRATION OF FLUIDS AND ANTIBIOTIC 232 ADDITIVES, AND GUIDELINES FOR MANAGEMENT OF THESE COMPLICATIONS; 233 (iii) ANY OTHER TRAINING OR INSTRUCTION THE BOARD 235 CONSIDERS APPROPRIATE. 236 (b) A TESTING COMPONENT THAT INCLUDES THREE VENIPUNCTURES 237 SUPERVISED BY A PHYSICIAN OR REGISTERED NURSE IN A HEALTH CARE 238 SETTING. 239 (B) A LICENSED PRACTICAL NURSE MAY PERFORM INTRAVENOUS 241 THERAPY ONLY IF AUTHORIZED BY THE BOARD OF NURSING PURSUANT TO 243 DIVISION (A) OF THIS SECTION AND ONLY IF IT IS PERFORMED IN 244 ACCORDANCE WITH THIS SECTION. A LICENSED PRACTICAL NURSE AUTHORIZED TO PERFORM 246 INTRAVENOUS THERAPY MAY PERFORM AN INTRAVENOUS THERAPY PROCEDURE 247 ONLY AT THE DIRECTION OF ONE OF THE FOLLOWING: 248 (1) A LICENSED PHYSICIAN, DENTIST, OPTOMETRIST, OR 250 PODIATRIST WHO, EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 251 SECTION, IS PRESENT AND READILY AVAILABLE AT THE FACILITY WHERE 252 THE INTRAVENOUS THERAPY PROCEDURE IS PERFORMED; 253 (2) A REGISTERED NURSE IN ACCORDANCE WITH DIVISION (C) OF 256 THIS SECTION. (C)(1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS 258 SECTION, WHEN A LICENSED PRACTICAL NURSE AUTHORIZED TO PERFORM 259 INTRAVENOUS THERAPY PERFORMS AN INTRAVENOUS THERAPY PROCEDURE AT 260 THE DIRECTION OF A REGISTERED NURSE, THE REGISTERED NURSE OR 262 ANOTHER REGISTERED NURSE SHALL BE READILY AVAILABLE AT THE SITE 263 WHERE THE INTRAVENOUS THERAPY IS PERFORMED, AND BEFORE THE 264 LICENSED PRACTICAL NURSE INITIATES THE INTRAVENOUS THERAPY, THE 265 REGISTERED NURSE SHALL PERSONALLY PERFORM AN ON-SITE ASSESSMENT 266 OF THE INDIVIDUAL WHO IS TO RECEIVE THE INTRAVENOUS THERAPY. 267 (2) WHEN A LICENSED PRACTICAL NURSE AUTHORIZED TO PERFORM 269 INTRAVENOUS THERAPY PERFORMS AN INTRAVENOUS THERAPY PROCEDURE IN 270 A HOME AS DEFINED IN SECTION 3721.10 OF THE REVISED CODE, OR IN 271 AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED AS 272 DEFINED IN SECTION 5111.20 OF THE REVISED CODE, AT THE DIRECTION 274 7 OF A REGISTERED NURSE OR LICENSED PHYSICIAN, DENTIST, 275 OPTOMETRIST, OR PODIATRIST, A REGISTERED NURSE SHALL BE ON THE 276 PREMISES OF THE HOME OR FACILITY OR ACCESSIBLE BY SOME FORM OF 277 TELECOMMUNICATION. (D) NO LICENSED PRACTICAL NURSE SHALL PERFORM ANY OF THE 279 FOLLOWING INTRAVENOUS THERAPY PROCEDURES: 280 (1) INITIATING OR MAINTAINING ANY OF THE FOLLOWING: 282 (a) BLOOD OR BLOOD COMPONENTS; 284 (b) SOLUTIONS FOR TOTAL PARENTERAL NUTRITION; 286 (c) ANY CANCER THERAPEUTIC MEDICATION INCLUDING, BUT NOT 288 LIMITED TO, CANCER CHEMOTHERAPY OR AN ANTI-NEOPLASTIC AGENT; 289 (d) SOLUTIONS ADMINISTERED THROUGH ANY CENTRAL VENOUS LINE 291 OR ARTERIAL LINE OR ANY OTHER LINE THAT DOES NOT TERMINATE IN A 292 PERIPHERAL VEIN, EXCEPT THAT A LICENSED PRACTICAL NURSE MAY 293 MAINTAIN THE SOLUTIONS SPECIFIED IN DIVISION (D)(6) OF THIS 294 SECTION THAT ARE BEING ADMINISTERED THROUGH A CENTRAL VENOUS LINE 295 OR PERIPHERALLY INSERTED CENTRAL CATHETER; 296 (e) ANY INVESTIGATIONAL OR EXPERIMENTAL MEDICATION. 298 (2) INITIATING INTRAVENOUS THERAPY IN ANY VEIN OTHER THAN 300 A VEIN OF THE HAND, FOREARM, OR ANTECUBITAL FOSSA; 301 (3) DISCONTINUING A CENTRAL VENOUS, ARTERIAL, OR ANY OTHER 303 LINE THAT DOES NOT TERMINATE IN A PERIPHERAL VEIN; 304 (4) INITIATING OR DISCONTINUING A PERIPHERALLY INSERTED 306 CENTRAL CATHETER; 307 (5) MIXING, PREPARING, OR RECONSTRUCTING ANY MEDICATION 309 FOR INTRAVENOUS THERAPY, EXCEPT THAT A LICENSED PRACTICAL NURSE 310 AUTHORIZED TO PERFORM INTRAVENOUS THERAPY MAY PREPARE OR 311 RECONSTITUTE AN ANTIBIOTIC ADDITIVE; 312 (6) ADMINISTERING MEDICATION VIA THE INTRAVENOUS ROUTE 314 INCLUDING ALL OF THE FOLLOWING: 315 (a) ADDING MEDICATION TO AN INTRAVENOUS SOLUTION OR TO AN 317 EXISTING INFUSION, EXCEPT THAT A LICENSED PRACTICAL NURSE 318 AUTHORIZED TO ADMINISTER INTRAVENOUS THERAPY MAY INITIATE AN 319 INTRAVENOUS INFUSION CONTAINING ONE OR MORE OF THE FOLLOWING 320 8 ELEMENTS: (i) DEXTROSE 5%; 322 (ii) NORMAL SALINE; 324 (iii) LACTATED RINGERS; 326 (iv) SODIUM CHLORIDE .45%; 328 (v) SODIUM CHLORIDE 0.2%; 330 (vi) WATER. 332 (b) INITIATING OR MAINTAINING AN INTRAVENOUS PIGGYBACK 334 INFUSION, EXCEPT THAT A LICENSED PRACTICAL NURSE AUTHORIZED TO 335 ADMINISTER INTRAVENOUS THERAPY MAY INITIATE OR MAINTAIN AN 336 INTRAVENOUS PIGGYBACK INFUSION CONTAINING AN ANTIBIOTIC ADDITIVE; 337 (c) INJECTING MEDICATION VIA A DIRECT INTRAVENOUS ROUTE, 339 EXCEPT THAT A LICENSED PRACTICAL NURSE AUTHORIZED TO ADMINISTER 340 INTRAVENOUS THERAPY MAY INJECT HEPARIN OR NORMAL SALINE TO FLUSH 342 AN INTERMITTENT INFUSION DEVICE OR HEPARIN LOCK INCLUDING, BUT 343 NOT LIMITED TO, BOLUS OR PUSH. (7) ASPIRATING ANY INTRAVENOUS LINE TO MAINTAIN PATENCY; 345 (8) CHANGING TUBING ON ANY LINE OTHER THAN ONE THAT 347 TERMINATES IN A PERIPHERAL VEIN INCLUDING, BUT NOT LIMITED TO, AN 348 ARTERIAL LINE OR A CENTRAL VENOUS LINE; 349 (9) PROGRAMMING OR SETTING ANY FUNCTION OF A PATIENT 351 CONTROLLED INFUSION PUMP. 352 (E) NOTWITHSTANDING DIVISION (D) OF THIS SECTION, AT THE 354 DIRECTION OF A LICENSED PHYSICIAN OR A REGISTERED NURSE, A 355 LICENSED PRACTICAL NURSE AUTHORIZED TO PERFORM INTRAVENOUS 356 THERAPY MAY PERFORM THE FOLLOWING ACTIVITIES FOR THE PURPOSE OF 357 PERFORMING DIALYSIS: (1) THE ROUTINE ADMINISTRATION AND REGULATION OF SALINE 359 SOLUTION FOR THE PURPOSE OF MAINTAINING AN ESTABLISHED FLUID 360 PLAN; (2) THE ADMINISTRATION OF A HEPARIN DOSE INTRAVENOUSLY; 362 (3) THE ADMINISTRATION OF A HEPARIN DOSE PERIPHERALLY VIA 364 A FISTULA NEEDLE; 365 (4) THE LOADING AND ACTIVATION OF A CONSTANT INFUSION PUMP 367 9 OR THE INTERMITTENT INJECTION OF A DOSE OF MEDICATION PRESCRIBED 368 BY A LICENSED PHYSICIAN FOR DIALYSIS. 369 (F) NO PERSON SHALL EMPLOY OR DIRECT A LICENSED PRACTICAL 371 NURSE TO PERFORM AN INTRAVENOUS THERAPY PROCEDURE WITHOUT FIRST 372 VERIFYING THAT THE LICENSED PRACTICAL NURSE HAS BEEN APPROVED BY 373 THE BOARD OF NURSING TO PERFORM INTRAVENOUS THERAPY. 374 (G) THE BOARD OF NURSING SHALL MAINTAIN A REGISTRY OF THE 376 NAMES OF LICENSED PRACTICAL NURSES AUTHORIZED PURSUANT TO 377 DIVISION (A) OF THIS SECTION TO PERFORM INTRAVENOUS THERAPY. 378 Sec. 4777.01. AS USED IN THIS CHAPTER: 380 (A) "THE PRACTICE OF INDUSTRIAL HYGIENE" MEANS THE 383 ANTICIPATION, PREVENTION, RECOGNITION, EVALUATION, ELIMINATION, 384 AND CONTROL OF ENVIRONMENTAL, BIOLOGICAL, CHEMICAL, PHYSICAL, AND 385 ERGONOMIC FACTORS AND STRESSES ARISING IN OR FROM THE WORKPLACE 386 THAT MAY CAUSE SICKNESS, IMPAIRED HEALTH AND WELL-BEING, OR 387 SIGNIFICANT DISCOMFORT AMONG WORKERS OR THE GENERAL PUBLIC. 388 (B) "CERTIFIED INDUSTRIAL HYGIENIST" OR "CIH" MEANS A 392 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (A) OF SECTION 393 4777.03 OF THE REVISED CODE. (C) "INDUSTRIAL HYGIENIST IN TRAINING" OR "IHIT" MEANS A 397 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (B) OF SECTION 399 4777.03 OF THE REVISED CODE. (D) "THE PRACTICE OF OCCUPATIONAL SAFETY" MEANS THE 402 PRESERVATION OF HUMAN AND MATERIAL RESOURCES THROUGH THE 403 SYSTEMATIC APPLICATION OF EDUCATION, CHEMISTRY, PHYSICS, 404 BIOLOGICAL, ERGONOMIC, PSYCHOLOGICAL, PHYSIOLOGICAL, AND 405 MANAGEMENT PRINCIPLES FOR ANTICIPATING, IDENTIFYING, AND 406 EVALUATING HAZARDOUS SYSTEMS, CONDITIONS, AND PRACTICES IN THE 407 WORKPLACE AND DEVELOPING, IMPLEMENTING, AND ADMINISTERING 408 PROGRAMS TO ALLEVIATE THOSE HAZARDS. 409 (E) "CERTIFIED SAFETY PROFESSIONAL" OR "CSP" MEANS A 412 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (C) OF SECTION 414 4777.03 OF THE REVISED CODE. (F) "ASSOCIATE SAFETY PROFESSIONAL" OR "ASP" MEANS A 417 10 PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (D) OF SECTION 419 4777.03 OF THE REVISED CODE. Sec. 4777.02. NO PERSON SHALL ASSUME OR USE THE TITLE OR 422 DESIGNATION "CERTIFIED INDUSTRIAL HYGIENIST," "INDUSTRIAL 424 HYGIENIST IN TRAINING," "CERTIFIED SAFETY PROFESSIONAL," OR 426 "ASSOCIATE SAFETY PROFESSIONAL," OR ANY OF THE ABBREVIATIONS 428 "CIH," "IHIT," "CSP," OR "ASP," UNLESS THE PERSON HAS BEEN 429 AWARDED THE TITLE BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR 430 THE BOARD OF CERTIFIED SAFETY PROFESSIONALS AS SPECIFIED IN 431 SECTION 4777.03 OF THE REVISED CODE. Sec. 4777.03. (A) IN ORDER TO USE THE TITLE "CERTIFIED 435 INDUSTRIAL HYGIENIST," OR THE ABBREVIATION "CIH," A PERSON SHALL 436 POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD 438 OF INDUSTRIAL HYGIENE. (B) IN ORDER TO USE THE TITLE "INDUSTRIAL HYGIENIST IN 442 TRAINING," OR THE ABBREVIATION "IHIT," A PERSON SHALL POSSESS A 443 VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD OF 445 INDUSTRIAL HYGIENE. (C) IN ORDER TO USE THE TITLE "CERTIFIED SAFETY 449 PROFESSIONAL," OR THE ABBREVIATION "CSP," A PERSON SHALL POSSESS 450 A VALID, UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED 451 SAFETY PROFESSIONALS. 452 (D) IN ORDER TO USE THE TITLE "ASSOCIATE SAFETY 455 PROFESSIONAL," OR THE ABBREVIATION "ASP," A PERSON SHALL POSSESS 456 A VALID, UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED 457 SAFETY PROFESSIONALS. 458 Sec. 4777.04. THE FOLLOWING PERSONS ARE NOT PROHIBITED 460 FROM ENGAGING IN THE PRACTICE OF INDUSTRIAL HYGIENE AND THE 461 PRACTICE OF OCCUPATIONAL SAFETY: (A) A PERSON WORKING AS AN APPRENTICE UNDER THE 463 SUPERVISION OF A CERTIFIED INDUSTRIAL HYGIENIST, INDUSTRIAL 465 HYGIENIST IN TRAINING, CERTIFIED SAFETY PROFESSIONAL, OR 468 ASSOCIATE SAFETY PROFESSIONAL; 469 (B) A PERSON ENGAGING IN THE SUPERVISED PRACTICE OF 471 11 INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY THROUGH 473 A COURSE OF STUDY IN THAT PRACTICE; (C) A PERSON WHO HOLDS A CERTIFICATION, REGISTRATION, OR 475 LICENSE UNDER ANOTHER SECTION OF THE REVISED CODE IF THAT PERSON 476 DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE; 477 (D) A PERSON ENGAGING IN ACTIVITIES WITHIN THE SCOPE OF 479 THE PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF 480 OCCUPATIONAL SAFETY WHO DOES NOT MEET THE REQUIREMENTS SPECIFIED 481 IN SECTION 4777.03 OF THE REVISED CODE, INCLUDING A PERSON WHO IS 482 CERTIFIED, REGISTERED, OR LICENSED BY GROUPS, ORGANIZATIONS, OR 483 CERTIFYING BODIES OTHER THAN THE AMERICAN BOARD OF INDUSTRIAL 484 HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, IF THAT 485 PERSON DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE. 486 Sec. 4777.99. WHOEVER VIOLATES SECTION 4777.02 OF THE 488 REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 490 Section 2. That existing section 4723.02 of the Revised 492 Code is hereby repealed. 493