As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 111  5            

      1999-2000                                                    6            


                          SENATOR DRAKE                            8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 121.22, 4723.02, 4723.04, 4723.06,  12           

                4723.07, 4723.08, 4723.271, 4723.28, 4723.281,     13           

                4723.34, 4723.341, 4723.342, 4723.35, 4723.63,                  

                and 4723.99 and to enact sections 4723.71,         14           

                4723.72, 4723.73, 4723.74, 4723.75, 4723.76,       15           

                4723.77, 4723.78, and 4723.79 of the Revised Code               

                to provide certification of dialysis technicians   16           

                and approval of dialysis training programs by the  17           

                Board of Nursing.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 121.22, 4723.02, 4723.04,          21           

4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 4723.34,   22           

4723.341, 4723.342, 4723.35, 4723.63, and 4723.99 be amended and   23           

sections 4723.71, 4723.72, 4723.73, 4723.74, 4723.75, 4723.76,     24           

4723.77, 4723.78, and 4723.79 of the Revised Code be enacted to    25           

read as follows:                                                                

      Sec. 121.22.  (A)  This section shall be liberally           34           

construed to require public officials to take official action and  35           

to conduct all deliberations upon official business only in open   36           

meetings unless the subject matter is specifically excepted by     37           

law.                                                               38           

      (B)  As used in this section:                                40           

      (1)  "Public body" means any of the following:               42           

      (a)  Any board, commission, committee, council, or similar   44           

decision-making body of a state agency, institution, or            45           

authority, and any legislative authority or board, commission,     46           

                                                          2      


                                                                 
committee, council, agency, authority, or similar decision-making  48           

body of any county, township, municipal corporation, school        49           

district, or other political subdivision or local public           50           

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    52           

division (B)(1)(a) of this section;                                53           

      (c)  A court of jurisdiction of a sanitary district          55           

organized wholly for the purpose of providing a water supply for   56           

domestic, municipal, and public use when meeting for the purpose   58           

of the appointment, removal, or reappointment of a member of the   59           

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        60           

related to such a district other than litigation involving the     61           

district.  As used in division (B)(1)(c) of this section, "court   62           

of jurisdiction" has the same meaning as "court" in section        63           

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       65           

public business of the public body by a majority of its members.   66           

      (3)  "Regulated individual" means either of the following:   68           

      (a)  A student in a state or local public educational        70           

institution;                                                       71           

      (b)  A person who is, voluntarily or involuntarily, an       73           

inmate, patient, or resident of a state or local institution       74           

because of criminal behavior, mental illness or retardation,       75           

disease, disability, age, or other condition requiring custodial   76           

care.                                                              77           

      (C)  All meetings of any public body are declared to be      79           

public meetings open to the public at all times.  A member of a    80           

public body shall be present in person at a meeting open to the    82           

public to be considered present or to vote at the meeting and for  83           

purposes of determining whether a quorum is present at the         84           

meeting.                                                           85           

      The minutes of a regular or special meeting of any public    88           

body shall be promptly prepared, filed, and maintained and shall   89           

                                                          3      


                                                                 
be open to public inspection.  The minutes need only reflect the   90           

general subject matter of discussions in executive sessions        91           

authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a grand jury, to an      93           

audit conference conducted by the auditor of state or independent  94           

certified public accountants with officials of the public office   95           

that is the subject of the audit, to the adult parole authority    96           

when its hearings are conducted at a correctional institution for  97           

the sole purpose of interviewing inmates to determine parole or    98           

pardon, to the organized crime investigations commission           99           

established under section 177.01 of the Revised Code, to the       100          

state medical board when determining whether to suspend a          101          

certificate without a prior hearing pursuant to division (G) of    103          

either section 4730.25 or 4731.22 of the Revised Code, to the      105          

board of nursing when determining whether to suspend a license OR  106          

CERTIFICATE without a prior hearing pursuant to division (B) of    108          

section 4723.181 of the Revised Code, or to the executive          109          

committee of the emergency response commission when determining    110          

whether to issue an enforcement order or request that a civil      111          

action, civil penalty action, or criminal action be brought to     112          

enforce Chapter 3750. of the Revised Code.                                      

      (E)  The controlling board, the development financing        114          

advisory council, the industrial technology and enterprise         115          

advisory council, the tax credit authority, or the minority        117          

development financing advisory board, when meeting to consider     118          

granting assistance pursuant to Chapter 122. or 166. of the        119          

Revised Code, in order to protect the interest of the applicant    120          

or the possible investment of public funds, by unanimous vote of   121          

all board, council, or authority members present, may close the    123          

meeting during consideration of the following information          125          

confidentially received by the authority, council, or board from   126          

the applicant:                                                     128          

      (1)  Marketing plans;                                        130          

      (2)  Specific business strategy;                             132          

                                                          4      


                                                                 
      (3)  Production techniques and trade secrets;                134          

      (4)  Financial projections;                                  136          

      (5)  Personal financial statements of the applicant or       138          

members of the applicant's immediate family, including, but not    139          

limited to, tax records or other similar information not open to   141          

public inspection.                                                 142          

      The vote by the authority, council, or board to accept or    146          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   149          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           151          

reasonable method whereby any person may determine the time and    152          

place of all regularly scheduled meetings and the time, place,     153          

and purpose of all special meetings.  A public body shall not      154          

hold a special meeting unless it gives at least twenty-four        155          

hours' advance notice to the news media that have requested        156          

notification, except in the event of an emergency requiring        157          

immediate official action.  In the event of an emergency, the      158          

member or members calling the meeting shall notify the news media  159          

that have requested notification immediately of the time, place,   160          

and purpose of the meeting.                                        161          

      The rule shall provide that any person, upon request and     164          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  165          

business is to be discussed.  Provisions for advance notification  166          

may include, but are not limited to, mailing the agenda of         167          

meetings to all subscribers on a mailing list or mailing notices   168          

in self-addressed, stamped envelopes provided by the person.       169          

      (G)  Except as provided in division (J) of this section,     172          

the members of a public body may hold an executive session only    173          

after a majority of a quorum of the public body determines, by a   174          

roll call vote, to hold an executive session and only at a         176          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     177          

                                                          5      


                                                                 
      (1)  To consider the appointment, employment, dismissal,     179          

discipline, promotion, demotion, or compensation of a public       180          

employee or official, or the investigation of charges or           181          

complaints against a public employee, official, licensee, or       182          

regulated individual, unless the public employee, official,        183          

licensee, or regulated individual requests a public hearing.       184          

Except as otherwise provided by law, no public body shall hold an  185          

executive session for the discipline of an elected official for    186          

conduct related to the performance of the elected official's       187          

official duties or for the elected official's removal from         189          

office.  If a public body holds an executive session pursuant to   191          

division (G)(1) of this section, the motion and vote to hold that  192          

executive session shall state which one or more of the approved    193          

purposes listed in division (G)(1) of this section are the         194          

purposes for which the executive session is to be held, but need   195          

not include the name of any person to be considered at the         196          

meeting.                                                                        

      (2)  To consider the purchase of property for public         198          

purposes, or for the sale of property at competitive bidding, if   199          

premature disclosure of information would give an unfair           200          

competitive or bargaining advantage to a person whose personal,    201          

private interest is adverse to the general public interest.  No    202          

member of a public body shall use division (G)(2) of this section  204          

as a subterfuge for providing covert information to prospective    206          

buyers or sellers.  A purchase or sale of public property is void  207          

if the seller or buyer of the public property has received covert  208          

information from a member of a public body that has not been       209          

disclosed to the general public in sufficient time for other       210          

prospective buyers and sellers to prepare and submit offers.       211          

      If the minutes of the public body show that all meetings     213          

and deliberations of the public body have been conducted in        214          

compliance with this section, any instrument executed by the       215          

public body purporting to convey, lease, or otherwise dispose of   216          

any right, title, or interest in any public property shall be      217          

                                                          6      


                                                                 
conclusively presumed to have been executed in compliance with     218          

this section insofar as title or other interest of any bona fide   219          

purchasers, lessees, or transferees of the property is concerned.  220          

      (3)  Conferences with an attorney for the public body        222          

concerning disputes involving the public body that are the         223          

subject of pending or imminent court action;                       224          

      (4)  Preparing for, conducting, or reviewing negotiations    226          

or bargaining sessions with public employees concerning their      227          

compensation or other terms and conditions of their employment;    228          

      (5)  Matters required to be kept confidential by federal     230          

law or regulations or state statutes;                              231          

      (6)  Specialized details of security arrangements if         233          

disclosure of the matters discussed might reveal information that  234          

could be used for the purpose of committing, or avoiding           235          

prosecution for, a violation of the law.                           236          

      If a public body holds an executive session to consider any  238          

of the matters listed in divisions (G)(2) to (6) of this section,  239          

the motion and vote to hold that executive session shall state     240          

which one or more of the approved matters listed in those          241          

divisions are to be considered at the executive session.           242          

      A public body specified in division (B)(1)(c) of this        245          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               246          

      (H)  A resolution, rule, or formal action of any kind is     248          

invalid unless adopted in an open meeting of the public body.  A   249          

resolution, rule, or formal action adopted in an open meeting      250          

that results from deliberations in a meeting not open to the       251          

public is invalid unless the deliberations were for a purpose      252          

specifically authorized in division (G) or (J) of this section     253          

and conducted at an executive session held in compliance with      254          

this section.  A resolution, rule, or formal action adopted in an  255          

open meeting is invalid if the public body that adopted the        256          

resolution, rule, or formal action violated division (F) of this   257          

section.                                                           258          

                                                          7      


                                                                 
      (I)(1)  Any person may bring an action to enforce this       260          

section.  An action under division (I)(1) of this section shall    262          

be brought within two years after the date of the alleged          263          

violation or threatened violation.  Upon proof of a violation or   264          

threatened violation of this section in an action brought by any   265          

person, the court of common pleas shall issue an injunction to     266          

compel the members of the public body to comply with its           267          

provisions.                                                        268          

      (2)(a)  If the court of common pleas issues an injunction    270          

pursuant to division (I)(1) of this section, the court shall       271          

order the public body that it enjoins to pay a civil forfeiture    272          

of five hundred dollars to the party that sought the injunction    273          

and shall award to that party all court costs and, subject to      274          

reduction as described in division (I)(2) of this section,         276          

reasonable attorney's fees.  The court, in its discretion, may     277          

reduce an award of attorney's fees to the party that sought the    278          

injunction or not award attorney's fees to that party if the       279          

court determines both of the following:                            280          

      (i)  That, based on the ordinary application of statutory    282          

law and case law as it existed at the time of violation or         283          

threatened violation that was the basis of the injunction, a       284          

well-informed public body reasonably would believe that the        285          

public body was not violating or threatening to violate this       286          

section;                                                           287          

      (ii)  That a well-informed public body reasonably would      289          

believe that the conduct or threatened conduct that was the basis  290          

of the injunction would serve the public policy that underlies     291          

the authority that is asserted as permitting that conduct or       292          

threatened conduct.                                                293          

      (b)  If the court of common pleas does not issue an          295          

injunction pursuant to division (I)(1) of this section and the     296          

court determines at that time that the bringing of the action was  297          

frivolous conduct, as defined in division (A) of section 2323.51   298          

of the Revised Code, the court shall award to the public body all  299          

                                                          8      


                                                                 
court costs and reasonable attorney's fees, as determined by the   300          

court.                                                             301          

      (3)  Irreparable harm and prejudice to the party that        303          

sought the injunction shall be conclusively and irrebuttably       304          

presumed upon proof of a violation or threatened violation of      305          

this section.                                                      306          

      (4)  A member of a public body who knowingly violates an     308          

injunction issued pursuant to division (I)(1) of this section may  309          

be removed from office by an action brought in the court of        310          

common pleas for that purpose by the prosecuting attorney or the   311          

attorney general.                                                  312          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   314          

Revised Code, a veterans service commission shall hold an          315          

executive session for one or more of the following purposes        316          

unless an applicant requests a public hearing:                     317          

      (a)  Interviewing an applicant for financial assistance      319          

under sections 5901.01 to 5901.15 of the Revised Code;             320          

      (b)  Discussing applications, statements, and other          322          

documents described in division (B) of section 5901.09 of the      323          

Revised Code;                                                      324          

      (c)  Reviewing matters relating to an applicant's request    326          

for financial assistance under sections 5901.01 to 5901.15 of the  327          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      329          

applicant for, recipient of, or former recipient of financial      330          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  331          

and shall not exclude representatives selected by the applicant,   333          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   334          

applicant's, recipient's, or former recipient's application for    335          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   337          

or denial of financial assistance under sections 5901.01 to        338          

5901.15 of the Revised Code only in an open meeting of the         340          

                                                          9      


                                                                 
commission.  The minutes of the meeting shall indicate the name,   341          

address, and occupation of the applicant, whether the assistance   342          

was granted or denied, the amount of the assistance if assistance  343          

is granted, and the votes for and against the granting of          344          

assistance.                                                                     

      Sec. 4723.02.  As used in this chapter:                      353          

      (A)  "Registered nurse" means an individual who holds a      355          

current, valid license issued under this chapter that authorizes   356          

the practice of nursing as a registered nurse.                     357          

      (B)  "Practice of nursing as a registered nurse" means       359          

providing to individuals and groups nursing care requiring         360          

specialized knowledge, judgment, and skill derived from the        361          

principles of biological, physical, behavioral, social, and        362          

nursing sciences.  Such nursing care includes:                     363          

      (1)  Identifying patterns of human responses to actual or    365          

potential health problems amenable to a nursing regimen;           366          

      (2)  Executing a nursing regimen through the selection,      368          

performance, management, and evaluation of nursing actions;        369          

      (3)  Assessing health status for the purpose of providing    371          

nursing care;                                                      372          

      (4)  Providing health counseling and health teaching;        374          

      (5)  Administering medications, treatments, and executing    376          

regimens prescribed by licensed physicians; dentists;              378          

optometrists; podiatrists; or, until January 1, 2010, advanced     380          

practice nurses authorized to prescribe under section 4723.56 of   381          

the Revised Code;                                                               

      (6)  Teaching, administering, supervising, delegating, and   383          

evaluating nursing practice.                                       384          

      (C)  "Nursing regimen" may include preventative,             386          

restorative, and health promotion activities.                      387          

      (D)  "Assessing health status" means the collection of data  389          

through nursing assessment techniques, which may include           390          

interviews, observation, and physical evaluations for the purpose  391          

of providing nursing care.                                         392          

                                                          10     


                                                                 
      (E)  "Licensed practical nurse" means an individual who      394          

holds a current, valid license issued under this chapter that      395          

authorizes the practice of nursing as a licensed practical nurse.  396          

      (F)  "The practice of nursing as a licensed practical        398          

nurse" means providing to individuals and groups nursing care      399          

requiring the application of basic knowledge of the biological,    400          

physical, behavioral, social, and nursing sciences at the          401          

direction of a licensed physician, dentist, podiatrist,            402          

optometrist, or registered nurse.  Such nursing care includes:     403          

      (1)  Observation, patient teaching, and care in a diversity  405          

of health care settings;                                           406          

      (2)  Contributions to the planning, implementation, and      408          

evaluation of nursing;                                             409          

      (3)  Administration of medications and treatments            411          

prescribed by a licensed physician; dentist; optometrist;          413          

podiatrist; or, until January 1, 2010, an advanced practice nurse  415          

authorized to prescribe under section 4723.56 of the Revised       416          

Code.  Medications may be administered by a licensed practical     417          

nurse upon proof of completion of a course in medication           418          

administration approved by the board of nursing.                                

      (G)   "Certified registered nurse anesthetist" means a       421          

registered nurse who holds a valid certificate of authority        422          

issued under this chapter that authorizes the practice of nursing  423          

as a certified registered nurse anesthetist in accordance with     424          

section 4723.43 of the Revised Code and rules adopted by the       425          

board of nursing.                                                  426          

      (H)  "Clinical nurse specialist" means a registered nurse    429          

who holds a valid certificate of authority issued under this       430          

chapter that authorizes the practice of nursing as a clinical      431          

nurse specialist in accordance with section 4723.43 of the         432          

Revised Code and rules adopted by the board of nursing.            433          

      (I)  "Certified nurse-midwife" means a registered nurse who  435          

holds a valid certificate of authority issued under this chapter   436          

that authorizes the practice of nursing as a certified             437          

                                                          11     


                                                                 
nurse-midwife in accordance with section 4723.43 of the Revised    438          

Code and rules adopted by the board of nursing.                    439          

      (J)  "Certified nurse practitioner" means a registered       441          

nurse who holds a valid certificate of authority issued under      442          

this chapter that authorizes the practice of nursing as a          443          

certified nurse practitioner in accordance with section 4723.43    444          

of the Revised Code and rules adopted by the board of nursing.     446          

      (K)  "Physician" means an individual who holds a             449          

certificate issued under Chapter 4731. of the Revised Code         451          

authorizing the practice of medicine and surgery or osteopathic    453          

medicine and surgery and is practicing in this state.              454          

      (L)  "Dentist" means an individual who is licensed under     457          

Chapter 4715. of the Revised Code to practice dentistry and is     458          

practicing in this state.                                          459          

      (M)  "Podiatrist" means an individual who holds a            462          

certificate issued under Chapter 4731. of the Revised Code         463          

authorizing the practice of podiatry and is practicing in this     464          

state.                                                                          

      (N)  "Collaboration" or "collaborating" means the            466          

following:                                                         467          

      (1)  In the case of a clinical nurse specialist, except as   470          

provided in division (N)(3) of this section, or a certified nurse               

practitioner, that a podiatrist acting within the podiatrist's     471          

scope of practice in accordance with section 4731.51 of the        472          

Revised Code and with whom the nurse has entered into a standard   474          

care arrangement or physician with whom the nurse has entered                   

into a standard care arrangement is continuously available to      476          

communicate with the clinical nurse specialist or certified nurse  477          

practitioner either in person or by radio, telephone, or other     478          

form of telecommunication;                                                      

      (2)  In the case of a certified nurse-midwife, that a        480          

physician with whom the certified nurse-midwife has entered into   481          

a standard care arrangement is continuously available to           482          

communicate with the certified nurse-midwife either in person or   483          

                                                          12     


                                                                 
by radio, telephone, or other form of telecommunication;           484          

      (3)  In the case of a clinical nurse specialist whose        486          

nursing specialty is mental health or psychiatric mental health,   487          

that a physician is continuously available to communicate with     489          

the nurse either in person or by radio, telephone, or other form   490          

of telecommunication.                                                           

      (O)  "Supervision" means that a certified registered nurse   493          

anesthetist is under the direction of a podiatrist acting within   494          

the podiatrist's scope of practice in accordance with section                   

4731.51 of the Revised Code, a dentist acting within the           496          

dentist's scope of practice in accordance with Chapter 4715. of    498          

the Revised Code, or a physician, and, when administering          499          

anesthesia, the certified registered nurse anesthetist is in the   500          

immediate presence of the podiatrist, dentist, or physician.       501          

      (P)  "Standard care arrangement" means a written, formal     504          

guide for planning and evaluating a patient's health care that is  505          

developed by a collaborating physician or podiatrist and a                      

clinical nurse specialist, certified nurse-midwife, or certified   506          

nurse practitioner and meets the requirements of section 4723.431  507          

of the Revised Code.                                               508          

      (Q)  "DIALYSIS CARE" MEANS PERFORMING AND MONITORING         510          

DIALYSIS PROCEDURES, INCLUDING INITIATING, MONITORING, AND         511          

DISCONTINUING DIALYSIS, DRAWING BLOOD, ADMINISTERING MEDICATIONS   512          

ESSENTIAL TO THE DIALYSIS PROCESS, AND RESPONDING TO               513          

COMPLICATIONS THAT ARISE DURING DIALYSIS.                                       

      (R)  "DIALYSIS TECHNICIAN" MEANS AN INDIVIDUAL WHO HOLDS A   515          

CURRENT, VALID CERTIFICATE OR TEMPORARY CERTIFICATE ISSUED UNDER   516          

THIS CHAPTER THAT AUTHORIZES THE INDIVIDUAL TO PRACTICE AS A       517          

DIALYSIS TECHNICIAN.                                                            

      Sec. 4723.04.  The state nurses' board shall be known as     526          

the board of nursing.  The board shall assume and exercise all     527          

the powers and perform all the duties conferred and imposed on it  528          

by this chapter concerning nurses and nursing and the regulation   529          

thereof.  The board shall consist of thirteen members who shall    530          

                                                          13     


                                                                 
be citizens of the United States and residents of Ohio.  Eight     531          

members shall be registered nurses, each of whom shall be a        532          

graduate of an approved program of nursing education that          533          

prepares persons for licensure as a registered nurse, shall hold   534          

a currently active license issued under this chapter to practice   535          

nursing as a registered nurse, and shall have been actively        536          

engaged in the practice of nursing as a registered nurse for the   537          

five years immediately preceding the member's initial appointment  538          

to the board.  Four members shall be licensed practical nurses,    539          

each of whom shall be a graduate of an approved program of         540          

nursing education that prepares persons for licensure as a         541          

practical nurse, shall hold a currently active license issued      542          

under this chapter to practice nursing as a licensed practical     543          

nurse, and shall have been actively engaged in the practice of     544          

nursing as a licensed practical nurse for the five years           545          

immediately preceding the member's initial appointment to the      546          

board.  One member shall represent the interests of consumers of   547          

health care.  Neither this member nor any person in the member's   548          

immediate family shall be a member of or associated with a health  549          

care provider or profession or shall have a financial interest in  550          

the delivery or financing of health care.  Representation of       551          

nursing service and nursing education and of the various           552          

geographical areas of the state shall be considered in making      553          

appointments.  As the term of any member of the board expires, a   554          

successor shall be appointed who has the qualifications the        555          

vacancy requires.  Terms of office shall be for five years,        556          

commencing on the first day of January and ending on the           557          

thirty-first day of December.  Each member shall hold office from  558          

the date of appointment until the end of the term for which the    559          

member was appointed.  The term of a member shall expire if the    560          

member ceases to meet any requirement of this section for the      561          

member's position on the board.  Any member appointed to fill a    562          

vacancy occurring prior to the expiration of the term for which    563          

her THE MEMBER'S predecessor was appointed shall hold office for   564          

                                                          14     


                                                                 
the remainder of such term.  A person who has served a full term   566          

on the board or more than thirty months of the remainder of the    567          

term of a predecessor shall not be eligible for a subsequent       568          

appointment to the board.  Any member shall continue in office     569          

subsequent to the expiration date of her THE MEMBER'S term until   570          

her THE MEMBER'S successor takes office, or until a period of      572          

sixty days has elapsed, whichever occurs first.  Nursing           573          

organizations of this state may each submit to the governor the    574          

names of not more than five nominees for each position to be       575          

filled on the board.  From the names so submitted or from others,  576          

at his THE GOVERNOR'S discretion, the governor with the advice     577          

and consent of the senate shall make such appointments.            578          

      Any member of the board may be removed by the governor for   580          

neglect of any duty required by law or for incompetency or         581          

unprofessional or dishonorable conduct, after a hearing as         582          

provided in Chapter 119. of the Revised Code.  Seven members of    583          

the board including at least four registered nurses and at least   584          

one licensed practical nurse shall at all times constitute a       585          

quorum.                                                            586          

      Each member of the board shall receive an amount fixed       588          

pursuant to division (J) of section 124.15 of the Revised Code     589          

for each day in attendance at board meetings and in discharge of   590          

official duties, and in addition thereto, necessary expense        591          

incurred in the performance of such duties.                        592          

      The board shall elect one of its nurse members as president  594          

and one as vice-president.                                         595          

      The board may establish advisory groups to serve in          597          

consultation with the board or the executive director.  Each       598          

advisory group shall be given a specific charge in writing and     599          

shall report to the board.  Members of advisory groups shall       600          

serve without compensation but shall receive their actual and      601          

necessary expenses incurred in the performance of their official   602          

duties.                                                            603          

      Sec. 4723.06.  (A)  The board of nursing shall:              612          

                                                          15     


                                                                 
      (1)  Administer and enforce the provisions of this chapter,  614          

including the taking of disciplinary action for violations of      615          

section 4723.28 of the Revised Code, any other provisions of this  616          

chapter, or rules promulgated under Chapter 119. of the Revised    617          

Code;                                                              618          

      (2)  Examine applicants for licensure to practice as a       620          

registered nurse or as a licensed practical nurse;                 621          

      (3)  Issue and renew licenses AND CERTIFICATES as provided   623          

in this chapter;                                                   624          

      (4)  Define the minimum curricula and standards for          626          

educational programs of the schools of professional nursing and    627          

schools of practical nursing in this state;                        628          

      (5)  Survey, inspect, and grant full approval to             630          

prelicensure nursing education programs that meet the standards    632          

established by rules adopted under section 4723.07 of the Revised  633          

Code.  Prelicensure nursing education programs include, but are    634          

not limited to, associate degree, baccalaureate degree, diploma,   635          

and doctor of nursing programs leading to initial licensure to     636          

practice nursing as a registered nurse and practical nurse         637          

programs leading to initial licensure to practice nursing as a     638          

licensed practical nurse.                                                       

      (6)  Grant conditional approval, by a vote of a quorum of    640          

the board, to a new prelicensure nursing education program or a    641          

program that is being reestablished after having ceased to         643          

operate, if the program meets and maintains the minimum standards  645          

of the board established by rules adopted under section 4723.07    646          

of the Revised Code.  If the board does not grant conditional      647          

approval, it shall hold a hearing under Chapter 119. of the        648          

Revised Code to consider conditional approval of the program.  If  649          

the board grants conditional approval, at its first meeting after  650          

the first class has completed the program, the board shall         651          

determine whether to grant full approval to the program.  If the   652          

board does not grant full approval or if it appears that the       655          

program has failed to meet and maintain standards established by   656          

                                                          16     


                                                                 
rules adopted under section 4723.07 of the Revised Code, the       657          

board shall hold a hearing under Chapter 119. of the Revised Code  658          

to consider the program.  Based on results of the hearing, the     659          

board may continue or withdraw conditional approval, or grant      660          

full approval.                                                                  

      (7)  Place on provisional approval, for a period of time     662          

specified by the board, a program that has ceased to meet and      664          

maintain the minimum standards of the board established by rules   665          

adopted under section 4723.07 of the Revised Code.  At the end of  666          

the period, the board shall reconsider whether the program meets   667          

the standards and shall grant full approval if it does.  If it     669          

does not, the board may withdraw approval, pursuant to a hearing   670          

under Chapter 119. of the Revised Code.                            671          

      (8)  Approve continuing nursing education programs and       673          

courses under standards established in rules adopted under         674          

section 4723.07 of the Revised Code;                               675          

      (9)  Approve peer support programs for nurses AND DIALYSIS   677          

TECHNICIANS under rules adopted under section 4723.07 of the       679          

Revised Code;                                                                   

      (10)  Establish the alternative program for chemically       681          

dependent nurses CHEMICAL DEPENDENCY in accordance with section    683          

4723.35 of the Revised Code;                                                    

      (11)  Issue and renew certificates of authority to practice  685          

nursing as a certified registered nurse anesthetist, clinical      686          

nurse specialist, certified nurse-midwife, or certified nurse      687          

practitioner;                                                                   

      (12)  Approve under section 4723.46 of the Revised Code      690          

national certifying organizations for examination and              691          

certification of certified registered nurse anesthetists,          692          

clinical nurse specialists, certified nurse-midwives, or           693          

certified nurse practitioners;                                                  

      (13)  Make an annual report to the governor, which shall be  695          

open for public inspection;                                        696          

      (14)  Maintain and have open for public inspection the       698          

                                                          17     


                                                                 
following records:                                                 699          

      (a)  A record of all its meetings and proceedings;           701          

      (b)  A file of applicants for and holders of licenses,       703          

registrations, and certificates granted under this chapter.  The   704          

file shall be maintained in the form prescribed by rule of the     705          

board.                                                             706          

      (c)  A list of prelicensure nursing education programs       708          

approved by the board;                                             709          

      (d)  A list of approved peer support programs for nurses     711          

AND DIALYSIS TECHNICIANS.                                          712          

      (B)  The board may fulfill the requirement of division       714          

(A)(8) of this section by authorizing persons who meet the         715          

standards established in rules adopted under division (F) of       716          

section 4723.07 of the Revised Code to approve continuing nursing  717          

education programs and courses.  Persons so authorized shall       718          

approve continuing nursing education programs and courses in       719          

accordance with standards established in rules adopted under       720          

division (E) of section 4723.07 of the Revised Code.               721          

      Persons seeking authorization to approve continuing nursing  723          

education programs and courses shall apply to the board and pay    724          

the appropriate fee established under section 4723.08 of the       725          

Revised Code.  Authorizations to approve continuing nursing        726          

education programs and courses shall expire at the end of the      727          

two-year period beginning the date of issuance and may be renewed  728          

by the board.                                                                   

      Sec. 4723.07.  In accordance with Chapter 119. of the        737          

Revised Code, the board of nursing shall adopt and may amend and   738          

rescind rules:                                                     739          

      (A)  Providing for its government and control of its         741          

actions and business affairs;                                      742          

      (B)  Establishing minimum curricula and standards for        744          

nursing education programs that prepare graduates to take          745          

licensing examinations, and establishing procedures for granting,  746          

renewing, and withdrawing approval of those programs;              748          

                                                          18     


                                                                 
      (C)  Establishing requirements that applicants for           750          

licensure must meet to be permitted to take licensing              751          

examinations;                                                      752          

      (D)  Governing the administration and conduct of             754          

examinations for licensure to practice nursing as a registered     755          

nurse or as a licensed practical nurse;                            756          

      (E)  Establishing standards for approval of continuing       758          

nursing education programs and courses for registered nurses,      759          

licensed practical nurses, certified registered nurse              760          

anesthetists, clinical nurse specialists, certified                761          

nurse-midwives, and certified nurse practitioners.  The standards  762          

may provide for approval of continuing nursing education programs  763          

and courses that have been approved by other state boards of       764          

nursing or by national accreditation systems for nursing,          765          

including, but not limited to, the American nurses' credentialing  766          

center and the national association for practical nurse education  767          

and service.                                                                    

      (F)  Establishing standards that persons must meet to be     769          

authorized by the board to approve continuing nursing education    770          

programs and courses and a schedule to have that authorization     771          

renewed;                                                                        

      (G)  Establishing requirements, including continuing         773          

education requirements, for ENDORSEMENTS OF LICENSES AND           774          

CERTIFICATES TO PERFORM DIALYSIS ISSUED BY ANOTHER STATE AND FOR   775          

restoring inactive licenses AND CERTIFICATES ISSUED UNDER THIS     777          

CHAPTER and licenses AND CERTIFICATES that have lapsed through     778          

failure to renew;                                                               

      (H)  Governing conditions that may be imposed for            780          

reinstatement OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS        781          

CHAPTER following action taken under sections 2301.373, 4723.28,   783          

and 4723.281 of the Revised Code resulting in a suspension from    784          

practice;                                                          785          

      (I)  Establishing standards for approval of peer support     787          

programs for nurses PERSONS WHO HOLD A LICENSE OR CERTIFICATE      788          

                                                          19     


                                                                 
ISSUED UNDER THIS CHAPTER;                                         789          

      (J)  Establishing requirements for board approval of         792          

courses in medication administration by licensed practical         793          

nurses;                                                                         

      (K)  Establishing criteria for specialty certification of    795          

registered nurses;                                                 796          

      (L)  Establishing criteria for evaluating the                798          

qualifications of an applicant who is applying for a license by    800          

endorsement to practice nursing as a registered nurse or licensed               

practical nurse or for a certificate of authority issued under     801          

division (E) of section 4723.41 of the Revised Code;               802          

      (M)  Establishing universal blood and body fluid             804          

precautions that shall be used by each person licensed HOLDER OF   805          

A LICENSE OR CERTIFICATE ISSUED under this chapter who performs    807          

exposure-prone invasive procedures.  The rules shall define and    808          

establish requirements for universal blood and body fluid          809          

precautions that include the following:                                         

      (1)  Appropriate use of hand washing;                        811          

      (2)  Disinfection and sterilization of equipment;            813          

      (3)  Handling and disposal of needles and other sharp        815          

instruments;                                                       816          

      (4)  Wearing and disposal of gloves and other protective     818          

garments and devices.                                              819          

      (N)  Establishing standards and procedures for approving     822          

certificates of authority to practice nursing as a certified                    

registered nurse anesthetist, clinical nurse specialist,           823          

certified nurse-midwife, or certified nurse practitioner, and for  824          

renewal of those certificates;                                     825          

      (O)  Establishing quality assurance standards for certified  828          

registered nurse anesthetists, clinical nurse specialists,         829          

certified nurse-midwives, or certified nurse practitioners;                     

      (P)  Establishing additional criteria for the standard care  832          

arrangement required by section 4723.431 of the Revised Code       833          

entered into by a clinical nurse specialist, certified             834          

                                                          20     


                                                                 
nurse-midwife, or certified nurse practitioner and the nurse's     835          

collaborating physician or podiatrist;                             836          

      (Q)  Establishing continuing education standards for         839          

clinical nurse specialists who are exempt under division (C) of    840          

section 4723.41 of the Revised Code from the requirement of        842          

having passed a certification examination.                                      

      Subject to Chapter 119. of the Revised Code, the board may   844          

adopt other rules necessary to carry out the provisions of this    845          

chapter.                                                           846          

      Sec. 4723.08.  (A)  The board of nursing may impose fees     855          

not to exceed the following limits:                                856          

      (1)  For application for licensure by examination to         858          

practice nursing as a registered nurse or as a licensed practical  859          

nurse, fifty dollars;                                              860          

      (2)  For application for licensure by endorsement to         862          

practice nursing as a registered nurse or as a licensed practical  863          

nurse, fifty dollars;                                              864          

      (3)  For application for a certificate of authority to       866          

practice nursing as a certified registered nurse anesthetist,      867          

clinical nurse specialist, certified nurse-midwife, or certified   869          

nurse practitioner, one hundred dollars;                           870          

      (4)  FOR APPLICATION FOR A TEMPORARY CERTIFICATE TO          872          

PRACTICE AS A DIALYSIS TECHNICIAN, THE AMOUNT SPECIFIED IN RULES   873          

ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE;                              

      (5)  FOR APPLICATION FOR A CERTIFICATE TO PRACTICE AS A      875          

DIALYSIS TECHNICIAN, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER   876          

SECTION 4723.79 OF THE REVISED CODE;                                            

      (6)  For verification of a license or certificate to         878          

another jurisdiction, fifteen dollars;                             880          

      (5)(7)  For providing a replacement copy of a license or     882          

certificate, fifteen dollars;                                      883          

      (6)(8)  For biennial renewal of any license, thirty-five     885          

dollars;                                                           886          

      (7)(9)  For biennial renewal of a certificate of authority   888          

                                                          21     


                                                                 
to practice nursing as a certified registered nurse anesthetist,   890          

clinical nurse specialist, certified nurse-midwife, or certified   892          

nurse practitioner, one hundred dollars;                                        

      (8)(10)  FOR BIENNIAL RENEWAL OF A CERTIFICATE TO PRACTICE   894          

AS A DIALYSIS TECHNICIAN, THE AMOUNT SPECIFIED IN RULES ADOPTED    895          

UNDER SECTION 4723.79 OF THE REVISED CODE;                         896          

      (11)  For processing a late application for renewal of any   898          

license or certificate, fifty dollars;                             899          

      (9)(12)  For application for authorization to approve        901          

continuing nursing education programs and courses from an          902          

applicant accredited by a national accreditation system for        903          

nursing, five hundred dollars;                                     904          

      (10)(13)  For application for authorization to approve       906          

continuing nursing education programs and courses from an          907          

applicant not accredited by a national accreditation system for    908          

nursing, one thousand dollars;                                     909          

      (11)(14)  For biennial renewal of authorization to approve   911          

continuing nursing education programs and courses, three hundred   913          

dollars;                                                                        

      (12)(15)  FOR APPLICATION FOR APPROVAL TO OPERATE A          915          

DIALYSIS TRAINING PROGRAM, THE AMOUNT SPECIFIED IN RULES ADOPTED   916          

UNDER SECTION 4723.79 OF THE REVISED CODE;                         917          

      (16)  For written verification of a license or certificate,  920          

other than verification to another jurisdiction, five dollars.     921          

The board may contract for services pertaining to this             922          

verification process and the collection of the fee, and may        923          

permit the contractor to retain a portion of the fees as           924          

compensation, before any amounts are deposited into the state      925          

treasury.                                                          926          

      (B)  Each quarter, the board of nursing shall certify to     928          

the director of budget and management the number of biennial       929          

licenses renewed under this chapter during the preceding quarter   930          

and the amount equal to that number times five dollars.            931          

      Sec. 4723.271.  The board of nursing shall provide a         940          

                                                          22     


                                                                 
replacement copy of a license or certificate issued under this     941          

chapter upon request of the holder accompanied by proper           942          

identification as prescribed in rules adopted by the board and     943          

payment of the fee authorized under section 4723.08 of the                      

Revised Code.                                                      944          

      Upon request of the holder of a license OR CERTIFICATE       946          

issued under this chapter and payment of the fee authorized under  948          

section 4723.08 of the Revised Code, the board shall verify to an  949          

agency of another jurisdiction or foreign country the fact that    950          

the person holds such license OR CERTIFICATE.                                   

      Sec. 4723.28.  As used in this section, "dangerous drug"     959          

and "prescription" have the same meanings as in section 4729.01    961          

of the Revised Code.                                                            

      (A)  The board of nursing, pursuant to an adjudication       963          

conducted under Chapter 119. of the Revised Code and by a vote of  964          

a quorum, may revoke or may refuse to grant a license or           965          

certificate to a person found by the board to have committed       967          

fraud in passing the AN examination REQUIRED TO OBTAIN THE         968          

LICENSE OR CERTIFICATE or to have committed fraud,                 969          

misrepresentation, or deception in applying for or securing any    970          

license or certificate issued by the board.                        972          

      (B)  The board of nursing, pursuant to an adjudication       974          

conducted under Chapter 119. of the Revised Code and by a vote of  975          

a quorum, may impose one or more of the following sanctions:       976          

deny, revoke permanently, suspend, or place restrictions on any    977          

license or certificate issued by the board; reprimand or           979          

otherwise discipline a holder of a license or certificate; or      980          

impose a fine of not more than five hundred dollars per            982          

violation.  The sanctions may be imposed for any of the                         

following:                                                         983          

      (1)  Denial, revocation, suspension, or restriction of a     985          

license AUTHORITY to practice nursing, for any reason other than   986          

a failure to renew, in another state or jurisdiction; or denial,   988          

revocation, suspension, or restriction of a license to practice a  989          

                                                          23     


                                                                 
health care occupation other than, INCLUDING nursing OR PRACTICE   990          

AS A DIALYSIS TECHNICIAN, for any reason other than a failure to   992          

renew, in Ohio or another state or jurisdiction;                                

      (2)  Engaging in the practice of nursing OR PRACTICE AS A    994          

DIALYSIS TECHNICIAN, having failed to renew a license OR           996          

CERTIFICATE issued under this chapter, or while a license OR       997          

CERTIFICATE is under suspension;                                   998          

      (3)  Conviction of, a plea of guilty to, or a judicial       1,000        

finding of guilt of a misdemeanor committed in the course of       1,001        

practice;                                                          1,002        

      (4)  Conviction of, a plea of guilty to, or a judicial       1,004        

finding of guilt of any felony or of any crime involving gross     1,005        

immorality or moral turpitude;                                     1,006        

      (5)  Selling, giving away, or administering drugs for other  1,008        

than legal and legitimate therapeutic purposes; or conviction of,  1,009        

a plea of guilty to, or a judicial finding of guilt of violating   1,010        

any municipal, state, county, or federal drug law;                 1,011        

      (6)  Conviction of, a plea of guilty to, or a judicial       1,013        

finding of guilt of an act in another jurisdiction that would      1,014        

constitute a felony or a crime of moral turpitude in Ohio;         1,015        

      (7)  Conviction of, a plea of guilty to, or a judicial       1,017        

finding of guilt of an act in the course of practice in another    1,018        

jurisdiction that would constitute a misdemeanor in Ohio;          1,019        

      (8)  Self-administering or otherwise taking into the body    1,021        

any dangerous drug in any way not in accordance with a legal,      1,022        

valid prescription;                                                1,023        

      (9)  Habitual indulgence in the use of controlled            1,025        

substances, other habit-forming drugs, or alcohol or other         1,026        

chemical substances to an extent that impairs ability to           1,027        

practice;                                                          1,028        

      (10)  Impairment of the ability to practice according to     1,030        

acceptable and prevailing standards of safe nursing care OR        1,031        

DIALYSIS because of habitual or excessive use of drugs, alcohol,   1,035        

or other chemical substances that impair the ability to practice;  1,036        

                                                          24     


                                                                 
      (11)  Impairment of the ability to practice according to     1,038        

acceptable and prevailing standards of safe nursing care OR        1,039        

DIALYSIS because of a physical or mental disability;               1,041        

      (12)  Assaulting or causing harm to a patient or depriving   1,043        

a patient of the means to summon assistance;                       1,044        

      (13)  Obtaining or attempting to obtain money or anything    1,046        

of value by intentional misrepresentation or material deception    1,047        

in the course of practice;                                         1,048        

      (14)  Adjudication by a probate court that the license OR    1,050        

CERTIFICATE applicant or license OR CERTIFICATE holder is          1,051        

mentally ill or mentally incompetent.  The board may restore the   1,052        

license OR CERTIFICATE upon adjudication by a probate court of     1,054        

the person's restoration to competency or upon submission to the   1,055        

board of other proof of competency.                                             

      (15)  The suspension or termination of employment by the     1,057        

department of defense or the veterans administration of the        1,058        

United States for any act that violates or would violate this      1,059        

chapter;                                                           1,060        

      (16)  Violation of this chapter or any rules adopted under   1,062        

it;                                                                1,063        

      (17)  Violation of any restrictions placed on a license OR   1,065        

CERTIFICATE by the board;                                          1,067        

      (18)  Failure to use universal blood and body fluid          1,069        

precautions established by rules adopted under section 4723.07 of  1,070        

the Revised Code;                                                  1,071        

      (19)  Failure to practice in accordance with acceptable and  1,074        

prevailing standards of safe nursing OR DIALYSIS care;             1,075        

      (20)  In the case of a registered nurse, engaging in         1,077        

activities that exceed the practice of nursing as a registered     1,078        

nurse under section 4723.02 of the Revised Code;                   1,079        

      (21)  In the case of a licensed practical nurse, engaging    1,081        

in activities that exceed the practice of nursing as a licensed    1,082        

practical nurse under section 4723.02 of the Revised Code;         1,083        

      (22)  IN THE CASE OF A DIALYSIS TECHNICIAN, ENGAGING IN      1,085        

                                                          25     


                                                                 
ACTIVITIES THAT EXCEED THE PRACTICE OF DIALYSIS CARE, AS DEFINED   1,086        

IN SECTION 4723.02 OF THE REVISED CODE;                                         

      (23)  Aiding and abetting in the unlicensed practice of      1,088        

nursing WITHOUT A LICENSE OR PRACTICE AS A DIALYSIS TECHNICIAN     1,089        

WITHOUT A CERTIFICATE ISSUED UNDER THIS CHAPTER;                   1,090        

      (23)(24)  In the case of a certified registered nurse        1,092        

anesthetist, clinical nurse specialist, certified nurse-midwife,   1,095        

or certified nurse practitioner, or a registered nurse approved    1,096        

as an advanced practice nurse under section 4723.55 of the         1,097        

Revised Code, either of the following:                             1,098        

      (a)  Waiving the payment of all or any part of a deductible  1,100        

or copayment that a patient, pursuant to a health insurance or     1,101        

health care policy, contract, or plan that covers such nursing     1,102        

services, would otherwise be required to pay if the waiver is      1,103        

used as an enticement to a patient or group of patients to         1,104        

receive health care services from that provider;                   1,105        

      (b)  Advertising that the nurse will waive the payment of    1,107        

all or any part of a deductible or copayment that a patient,       1,108        

pursuant to a health insurance or health care policy, contract,    1,109        

or plan that covers such nursing services, would otherwise be      1,110        

required to pay.                                                   1,111        

      (24)(25)  Failure to comply with the terms and conditions    1,113        

of participation in the alternative program for chemically         1,115        

dependent nurses AND DIALYSIS TECHNICIANS created by section       1,116        

4723.35 of the Revised Code;                                       1,117        

      (25)(26)  In the case of a certified registered nurse        1,119        

anesthetist, clinical nurse specialist, certified nurse-midwife,   1,121        

or certified nurse practitioner:                                   1,122        

      (a)  Engaging in activities that exceed those permitted for  1,125        

the nurse's nursing specialty under section 4723.43 of the                      

Revised Code;                                                      1,126        

      (b)  Failure to meet the quality assurance standards         1,128        

established under section 4723.07 of the Revised Code.             1,130        

      (26)(27)  In the case of a clinical nurse specialist,        1,132        

                                                          26     


                                                                 
certified nurse-midwife, or certified nurse practitioner, failure  1,134        

to maintain a standard care arrangement in accordance with         1,135        

section 4723.431 of the Revised Code or to practice in accordance  1,136        

with the standard care arrangement;                                1,137        

      (28)  REGARDLESS OF WHETHER THE CONTACT OR VERBAL BEHAVIOR   1,139        

IS CONSENSUAL, ENGAGING WITH A PATIENT OTHER THAN THE LICENSE OR   1,140        

CERTIFICATE HOLDER'S SPOUSE IN ANY OF THE FOLLOWING:               1,141        

      (a)  SEXUAL CONTACT, AS DEFINED IN SECTION 2907.01 OF THE    1,143        

REVISED CODE;                                                                   

      (b)  VERBAL BEHAVIOR THAT IS SEXUALLY DEMEANING TO THE       1,145        

PATIENT OR MAY BE REASONABLY INTERPRETED BY THE PATIENT AS         1,146        

SEXUALLY DEMEANING.                                                             

      (C)  If a criminal action is brought against a license OR    1,149        

CERTIFICATE holder for an act or crime described in divisions                   

(B)(3) to (7) of this section and the action is dismissed by the   1,151        

trial court other than on the merits, the board shall hold an      1,152        

adjudication hearing to determine whether the license OR           1,153        

CERTIFICATE holder committed the act on which the action was       1,155        

based.  If the board determines on the basis of the hearing that   1,156        

the license OR CERTIFICATE holder committed the act, or if the     1,158        

license OR CERTIFICATE holder fails to participate in the                       

hearing, the board may take action as though the license OR        1,160        

CERTIFICATE holder had been convicted of the act.                  1,162        

      If the board takes action on the basis of a conviction,      1,164        

plea of guilty, or a judicial determination of guilt as described  1,165        

in divisions (B)(3) to (7) of this section that is overturned on   1,166        

appeal, the license OR CERTIFICATE holder may, on exhaustion of    1,167        

the appeal process, petition the board for reconsideration of its  1,169        

action.  On receipt of the petition and supporting court           1,170        

documents, the board shall temporarily rescind its action.  If     1,171        

the board determines that the decision on appeal was a decision    1,172        

on the merits, it shall permanently rescind its action.  If the    1,173        

board determines that the decision on appeal was not a decision    1,174        

on the merits, it shall hold an adjudicatory hearing to determine  1,175        

                                                          27     


                                                                 
whether the license OR CERTIFICATE holder committed the act on     1,176        

which the original conviction, plea, or judicial determination     1,178        

was based.  If the board determines on the basis of the hearing    1,179        

that the license OR CERTIFICATE holder committed such act, or if   1,180        

the license OR CERTIFICATE holder does not request a hearing, the  1,182        

board shall reinstate its action; otherwise, the board shall       1,183        

permanently rescind its action.                                                 

      Notwithstanding the provision of division (C)(2) of section  1,185        

2953.32 of the Revised Code specifying that if records pertaining  1,186        

to a criminal case are sealed under that section the proceedings   1,187        

in the case shall be deemed not to have occurred, sealing of the   1,188        

records of a conviction on which the board has based an action     1,189        

under this section shall have no effect on the board's action or   1,190        

any sanction imposed by the board under this section.              1,191        

      (D)  In enforcing division (B) of this section, the board    1,193        

may compel any individual licensed by WHO HOLDS A LICENSE OR       1,194        

CERTIFICATE ISSUED UNDER this chapter or who has applied for       1,196        

licensure A LICENSE OR CERTIFICATE to submit to a mental or        1,197        

physical examination, or both, as required by the board and at     1,198        

the expense of the individual.  Failure of any individual to       1,199        

submit to a mental or physical examination when directed           1,200        

constitutes an admission of the allegations, unless the failure    1,201        

is due to circumstances beyond the individual's control, and a     1,202        

default and final order may be entered without the taking of       1,203        

testimony or presentation of evidence.  If the board finds that    1,204        

an individual is impaired, the board shall require the individual  1,205        

to submit to care, counseling, or treatment approved or            1,206        

designated by the board, as a condition for AN initial,            1,207        

continued, reinstated, or renewed licensure LICENSE OR             1,208        

CERTIFICATE to practice.  The individual shall be afforded an      1,210        

opportunity to demonstrate to the board that the individual can                 

resume the individual's occupation in compliance with acceptable   1,212        

and prevailing standards under the provisions of the individual's  1,214        

license OR CERTIFICATE.  For the purpose of this section, any      1,217        

                                                          28     


                                                                 
individual who is licensed by HOLDS A LICENSE OR CERTIFICATE       1,218        

ISSUED UNDER this chapter or makes application for licensure A     1,219        

LICENSE OR CERTIFICATE shall be deemed to have given consent to    1,221        

submit to a mental or physical examination when directed to do so  1,222        

in writing by the board, and to have waived all objections to the  1,223        

admissibility of testimony or examination reports that constitute  1,224        

a privileged communication.                                                     

      (E)  The board shall investigate evidence that appears to    1,226        

show that any person has violated any provision of this chapter    1,227        

or any rule of the board.  Any person may report to the board any  1,228        

information the person may have that appears to show a violation   1,229        

of any provision of this chapter or rule of the board.  In the     1,230        

absence of bad faith, any person who reports such information or   1,231        

who testifies before the board in any adjudication conducted       1,233        

under Chapter 119. of the Revised Code shall not be liable for     1,234        

civil damages as a result of the report or testimony.                           

      Information received by the board pursuant to an             1,236        

investigation is confidential and not subject to discovery in any  1,237        

civil action, except that the board may disclose information to    1,238        

law enforcement officers and government entities investigating a   1,239        

person licensed WHO HOLDS A LICENSE OR CERTIFICATE ISSUED by the   1,241        

board.  No law enforcement officer or government entity with                    

knowledge of any information disclosed by the board pursuant to    1,242        

this division shall divulge the information to any other person    1,243        

or government entity except for the purpose of an adjudication by  1,244        

a court or licensing or registration board or officer to which     1,245        

the person to whom the information relates is a party.             1,246        

      If the investigation requires a review of patient records,   1,248        

the investigation and proceeding shall be conducted in such a      1,249        

manner as to protect patient confidentiality.                      1,250        

      All hearings and investigations of the board shall be        1,252        

considered civil actions for the purposes of section 2305.251 of   1,253        

the Revised Code.                                                  1,254        

      The hearings of the board shall be conducted in accordance   1,256        

                                                          29     


                                                                 
with Chapter 119. of the Revised Code.  The board may appoint a    1,257        

hearing examiner as provided in section 119.09 to conduct any      1,258        

hearing the board is empowered to hold under Chapter 119. of the   1,259        

Revised Code.                                                      1,260        

      In the absence of fraud or bad faith, neither the board nor  1,262        

any current or former members, agents, representatives, or         1,263        

employees of the board shall be held liable in damages to any      1,264        

person as the result of any act, omission, proceeding, conduct,    1,265        

or decision related to their official duties undertaken or         1,266        

performed pursuant to this chapter.  If a current or former        1,267        

member, agent, representative, or employee requests the state to   1,268        

defend the individual against any claim or action arising out of   1,269        

any act, omission, proceeding, conduct, or decision related to     1,271        

the individual's official duties, if the request is made in        1,273        

writing at a reasonable time before trial, and if the individual   1,274        

requesting defense cooperates in good faith in the defense of the  1,275        

claim or action, the state shall provide and pay for such defense  1,276        

and shall pay any resulting judgment, compromise, or settlement.   1,277        

At no time shall the state pay that part of a claim or judgment    1,278        

that is for punitive or exemplary damages.                         1,279        

      (F)  Any action taken by the board under this section        1,281        

resulting in a suspension from practice shall be accompanied by a  1,282        

written statement of the conditions under which the person may be  1,283        

reinstated to practice.                                            1,284        

      (G)  No unilateral surrender of a license OR CERTIFICATE     1,286        

issued under this chapter shall be effective unless accepted by    1,288        

majority vote of the board.  No application for a license OR       1,289        

CERTIFICATE issued under this chapter may be withdrawn without a   1,291        

majority vote of the board.                                                     

      (H)  Notwithstanding division (B)(23) of this section,       1,293        

sanctions shall not be imposed against any licensee who waives     1,294        

deductibles and copayments:                                        1,295        

      (1)  In compliance with the health benefit plan that         1,297        

expressly allows such a practice.  Waiver of the deductibles or    1,298        

                                                          30     


                                                                 
copayments shall be made only with the full knowledge and consent  1,299        

of the plan purchaser, payer, and third-party administrator.  The  1,300        

consent shall be made available to the board upon request.         1,301        

      (2)  For professional services rendered to any other person  1,303        

licensed pursuant to this chapter to the extent allowed by this    1,304        

chapter and the rules of the board.                                1,305        

      Sec. 4723.281.  (A)  As used in this section, with regard    1,314        

to offenses committed in Ohio, "aggravated murder," "murder,"      1,315        

"voluntary manslaughter," "felonious assault," "kidnapping,"       1,316        

"rape," "sexual battery," "aggravated arson," and "aggravated      1,317        

burglary" mean such offenses as defined in Title XXIX of the       1,318        

Revised Code; with regard to offenses committed in other           1,319        

jurisdictions, the terms mean offenses comparable to offenses      1,320        

defined in Title XXIX of the Revised Code.                         1,321        

      (B)  The board of nursing may impose a summary suspension    1,323        

without a hearing on a person licensed WHO HOLDS A LICENSE OR      1,324        

CERTIFICATE ISSUED under this chapter if it determines that there  1,326        

is evidence that the license OR CERTIFICATE holder is subject to   1,328        

actions under division (B) of section 4723.28 of the Revised Code  1,329        

and that there is clear and convincing evidence that continued     1,330        

practice by the license OR CERTIFICATE holder presents a danger    1,331        

of immediate and serious harm to the public.  The president and    1,332        

the executive director of the board shall make a preliminary       1,333        

determination and describe the evidence on which they made their   1,334        

determination to the other members of the board.  The board may    1,335        

by resolution designate another board member to act in place of    1,336        

the president of the board and another employee to act in the      1,337        

place of the executive director, in the event that the board       1,338        

president or executive director is unavailable or unable to act.   1,339        

On consideration of the evidence, the board may by an affirmative  1,340        

vote of seven members, not including the president of the board    1,341        

or the person named to act in place of the president, impose the   1,342        

summary suspension.  The description of the evidence and           1,343        

information may be given and the vote taken by telephone           1,344        

                                                          31     


                                                                 
conference call.                                                   1,345        

      Immediately following the decision to impose a summary       1,347        

suspension under this division, the board shall issue a written    1,348        

order of suspension and cause it to be delivered by certified      1,349        

mail or in person in accordance with section 119.07 of the         1,350        

Revised Code.  The order shall not be subject to suspension by     1,351        

the court during the pendency of any appeal filed under section    1,352        

119.12 of the Revised Code.  If the license OR CERTIFICATE holder  1,353        

requests an adjudication hearing, the date set for the hearing     1,355        

shall be within fifteen days but not earlier than seven days       1,356        

after the license OR CERTIFICATE holder has requested a hearing,   1,357        

unless another date is agreed to by both the license OR            1,359        

CERTIFICATE holder and the board.  The summary suspension shall    1,361        

remain in effect, unless reversed by the board, until a final      1,362        

adjudication order issued by the board pursuant to this section    1,363        

and Chapter 119. of the Revised Code becomes effective.            1,364        

      The board shall issue its final adjudication order within    1,366        

ninety days after completion of the hearing.  If the board does    1,367        

not issue such order within the ninety-day period, the summary     1,368        

suspension shall be void, but any final adjudication order issued  1,369        

subsequent to the ninety-day period shall not be affected.         1,370        

      (C)  The license OR CERTIFICATE of a person licensed WHO     1,372        

HOLDS A LICENSE OR CERTIFICATE ISSUED under this chapter is        1,373        

automatically suspended on that person's conviction, plea of       1,374        

guilty, or judicial determination of guilt of any of the           1,375        

following in Ohio or any other jurisdiction of the United States:  1,376        

aggravated murder, murder, voluntary manslaughter, felonious       1,377        

assault, kidnapping, rape, sexual battery, aggravated arson, or    1,378        

aggravated burglary.  The suspension shall remain in effect from   1,379        

the date of the conviction, plea, or finding until an              1,380        

adjudicatory hearing is held under Chapter 119. of the Revised     1,381        

Code.  If the board has knowledge that an automatic suspension     1,382        

has occurred, it shall notify the license OR CERTIFICATE holder.   1,383        

If the license OR CERTIFICATE holder is notified and either fails  1,385        

                                                          32     


                                                                 
to request an adjudicatory hearing within the time periods         1,387        

established by Chapter 119. of the Revised Code or fails to        1,388        

participate in the hearing, the board may enter a final order      1,389        

revoking the license OR CERTIFICATE.                                            

      Sec. 4723.34.  (A)  Every employer of registered nurses or,  1,398        

licensed practical nurses, OR DIALYSIS TECHNICIANS shall report    1,399        

to the board of nursing the name of any person licensed WHO HOLDS  1,401        

A LICENSE OR CERTIFICATE ISSUED under this chapter whose           1,402        

employment has been terminated voluntarily or involuntarily        1,403        

because of conduct that would be grounds for disciplinary action   1,404        

by the board under division (B) of section 4723.28 of the Revised  1,405        

Code.                                                              1,406        

      (B)  Nursing associations shall report to the board the      1,408        

name of any registered nurse or licensed practical nurse who has   1,409        

been investigated and found to constitute a danger to the public   1,410        

health, safety, and welfare because of conduct that would be       1,411        

grounds for disciplinary action by the board under section         1,412        

4723.28 of the Revised Code, except that a nursing association is  1,413        

not required to report the name of such a nurse if the nurse is    1,414        

maintaining satisfactory participation in a peer support program   1,415        

approved by the board under rules adopted under section 4723.07    1,416        

of the Revised Code.                                               1,417        

      (C)  If the prosecutor in a case described in divisions      1,419        

(B)(3) to (5) of section 4723.28 of the Revised Code, or in a      1,420        

case where the trial court issued an order of dismissal upon       1,421        

technical or procedural grounds of a charge of a misdemeanor       1,422        

committed in the course of practice, a felony charge, or a charge  1,423        

of gross immorality or moral turpitude, knows or has reason to     1,424        

believe that the person charged is licensed under this chapter to  1,425        

practice nursing as a registered nurse or as a licensed practical  1,426        

nurse OR HOLDS A CERTIFICATE ISSUED UNDER THIS CHAPTER             1,427        

AUTHORIZING THE PERSON TO PRACTICE AS A DIALYSIS TECHNICIAN, the   1,428        

prosecutor shall notify the board of nursing on forms prescribed   1,430        

and provided by the board.  The report shall include the name and  1,431        

                                                          33     


                                                                 
address of the license OR CERTIFICATE holder, the charge, and the  1,432        

certified court documents recording the action.                    1,433        

      (D)  If any person fails to provide a report required by     1,435        

this section, the board may seek an order from a court of          1,436        

competent jurisdiction compelling submission of the report.        1,437        

      Sec. 4723.341.  As used in this section, "person" has the    1,446        

same meaning as in section 1.59 of the Revised Code and also       1,447        

includes the board of nursing and its members and employees;       1,448        

health care facilities, associations, and societies; insurers;     1,449        

and individuals.                                                   1,450        

      In the absence of fraud or bad faith, no person reporting    1,452        

to the board of nursing or testifying in an adjudication hearing   1,453        

conducted under Chapter 119. of the Revised Code with regard to    1,454        

alleged incidents of negligence or malpractice, matters subject    1,455        

to section 2301.373 or 4723.28 of the Revised Code, violations of  1,456        

section 4723.34 of the Revised Code, or the qualifications,        1,457        

fitness, or character of a person licensed or applying for a       1,458        

license to practice nursing as a registered nurse or licensed      1,459        

practical nurse, OR HOLDING OR APPLYING FOR A CERTIFICATE TO       1,460        

PRACTICE AS A DIALYSIS TECHNICIAN, shall be subject to any civil   1,461        

action or liable for damages as a result of making the report or   1,463        

testifying.                                                                     

      In the absence of fraud or bad faith, no professional        1,465        

association of individuals who are licensed under this chapter     1,466        

that sponsors a committee or program to provide peer assistance    1,467        

to nurses with substance abuse problems, no representative or      1,468        

agent of such a committee or program, and no member of the board   1,469        

of nursing shall be liable to any person for damages in a civil    1,470        

action by reason of actions taken to refer a nurse to a treatment  1,471        

provider designated by the board or actions or omissions of the    1,472        

provider in treating a nurse.                                      1,473        

      Sec. 4723.342.  The board of nursing shall adopt rules in    1,482        

accordance with Chapter 119. of the Revised Code establishing      1,483        

standards for approving and designating treatment providers for    1,484        

                                                          34     


                                                                 
impaired nurses PERSONS WHO HOLD A LICENSE OR CERTIFICATE ISSUED   1,485        

UNDER THIS CHAPTER and shall approve and designate treatment       1,486        

providers in accordance with the rules.  The rules shall include   1,487        

standards for both inpatient and outpatient treatment.  The rules  1,488        

shall provide that to be approved, a treatment provider must be    1,489        

capable of making an initial examination to determine the type of  1,490        

treatment required for a nurse PERSON with a substance abuse       1,491        

problem.  Subject to the rules, the board shall review and         1,493        

approve treatment providers on a regular basis and may, at its     1,494        

discretion, withdraw or deny approval.                             1,495        

      An approved treatment provider FOR TREATMENT OF PERSONS WHO  1,497        

HOLD A LICENSE OR CERTIFICATE ISSUED UNDER THIS CHAPTER shall:     1,498        

      (A)  Report to the board the name of any nurse PERSON        1,500        

engaging in or showing evidence of engaging in the conduct         1,502        

described in division (B)(8) of section 4723.28 of the Revised     1,503        

Code, or suffering or showing evidence of suffering impairment as  1,504        

described in division (B)(9) or (10) of that section, who fails    1,505        

to comply within one week with a referral for examination;         1,506        

      (B)  Report to the board the name of any impaired nurse      1,508        

PERSON who fails to enter treatment within forty-eight hours       1,510        

following the provider's determination that the nurse PERSON       1,511        

needs treatment;                                                                

      (C)  Require every nurse PERSON who enters treatment to      1,513        

agree to a treatment contract establishing the terms of treatment  1,515        

and aftercare, including any required supervision or restrictions  1,516        

of practice during treatment or aftercare;                         1,517        

      (D)  Require a nurse PERSON to suspend practice on entering  1,519        

any required inpatient treatment;                                  1,520        

      (E)  Report to the board any failure by an impaired nurse    1,522        

PERSON to comply with the terms of the treatment contract during   1,523        

inpatient or outpatient treatment or aftercare;                    1,524        

      (F)  Report to the board the resumption of practice of any   1,526        

impaired nurse PERSON before the treatment provider has made a     1,527        

clear determination that the nurse PERSON is capable of            1,529        

                                                          35     


                                                                 
practicing according to acceptable and prevailing standards of     1,531        

safe nursing OR DIALYSIS care;                                     1,532        

      (G)  Require a nurse PERSON who resumes practice after       1,534        

completion of treatment to comply with an aftercare contract that  1,536        

meets the requirements of rules adopted by the board for approval  1,537        

of treatment providers;                                            1,538        

      (H)  Report to the board any nurse PERSON who suffers a      1,540        

relapse at any time during or following aftercare.                 1,542        

      Any nurse PERSON who enters into treatment by an approved    1,544        

treatment provider shall be deemed to have waived any              1,545        

confidentiality requirements that would otherwise prevent the      1,546        

treatment provider from making reports required under this         1,547        

section.                                                           1,548        

      Sec. 4723.35.  (A)  As used in this section, "chemical       1,557        

dependency" means either of the following:                         1,558        

      (1)  The chronic and habitual use of alcoholic beverages to  1,560        

the extent that the user no longer can control the use of alcohol  1,561        

or endangers the user's health, safety, or welfare or that of      1,562        

others;                                                                         

      (2)  The use of a drug of abuse, as defined in section       1,564        

3719.011 of the Revised Code, to the extent that the user becomes  1,565        

physically or psychologically dependent on the drug or endangers   1,566        

the user's health, safety, or welfare or that of others.           1,567        

      (B)  The board of nursing shall establish a chemical         1,569        

dependency treatment program, which shall be called the            1,570        

alternative program for chemically dependent nurses CHEMICAL       1,572        

DEPENDENCY TREATMENT.  The progarm PROGRAM shall be available to   1,573        

registered nurses and licensed practical nurses PERSONS who HOLD   1,574        

A LICENSE OR CERTIFICATE ISSUED UNDER THIS CHAPTER, have a         1,575        

chemical dependency, and meet eligibility requirements.  The       1,577        

board shall develop the program and designate an administrator to  1,578        

operate it, and shall adopt rules in accordance with Chapter 119.  1,579        

of the Revised Code that establish the following:                               

      (1)  Eligibility requirements for participation;             1,581        

                                                          36     


                                                                 
      (2)  Terms and conditions a nurse PARTICIPANT must meet to   1,583        

successfully complete the program;                                 1,585        

      (3)  Procedures for keeping confidential records regarding   1,587        

participants;                                                                   

      (4)  Any other requirements or procedures necessary to       1,589        

establish and administer the program.                              1,590        

      (C)  A registered nurse or licensed practical nurse PERSON   1,592        

WHO HOLDS A LICENSE OR CERTIFICATE ISSUED UNDER THIS CHAPTER may   1,593        

voluntarily seek treatment for any chemical dependency that may    1,594        

be grounds for disciplinary action by the board under division     1,596        

(B) of section 4723.28 of the Revised Code.  The board of nursing  1,598        

may abstain from taking disciplinary action against a nurse        1,599        

PERSON who voluntarily seeks treatment if it finds that the nurse  1,601        

PERSON can be treated effectively and that there is no impairment  1,602        

of ability to practice according to acceptable and prevailing      1,604        

standards of safe nursing OR DIALYSIS care.  The board may         1,605        

require, as a condition of its abstention, that the nurse PERSON   1,606        

participate in the alternative program for chemically dependent    1,608        

nurses CHEMICAL DEPENDENCY TREATMENT, comply with the terms and    1,609        

conditions of the program, and successfully complete it.           1,611        

      (D)  A nurse PERSON who voluntarily participates in the      1,613        

alternative program for chemically dependent nurses CHEMICAL       1,615        

DEPENDENCY TREATMENT without being referred by the board and       1,617        

complies with the terms and conditions of the program and the                   

requirements of this section shall not be subject to               1,618        

investigation or disciplinary action by the board for chemical     1,619        

dependency.  The nurse PERSON shall report to the board any        1,620        

failure to comply with the terms and conditions of the program or  1,622        

successfully complete it.                                                       

      (E)  Except as provided in division (F) of this section,     1,624        

all records, including medical records, chemical dependency        1,626        

records, and mental health records, of a participant in the        1,627        

program shall be confidential, are not public records for the      1,628        

purposes of section 149.43 of the Revised Code, and are not                     

                                                          37     


                                                                 
subject to discovery by subpoena or admissible as evidence in any  1,630        

judicial proceeding.  The administrator of the program shall       1,631        

maintain all records in the board's office for a period of five    1,632        

years.                                                                          

      (F)  On commencement of participation in the program, a      1,635        

registered nurse or licensed practical nurse PERSON shall sign a   1,636        

waiver permitting the program administrator to release to the      1,637        

board the nurse's PERSON'S records if the nurse PERSON fails to    1,639        

comply with the terms and conditions of the program, does not      1,640        

successfully complete the program, or is unable to practice        1,642        

according to acceptable and prevailing standards of safe nursing   1,644        

OR DIALYSIS care due to chemical dependency.  The administrator    1,645        

shall report to the board any such nurse PERSON and release the    1,647        

nurse's PERSON'S records to it.  The board shall then investigate  1,648        

in accordance with division (E) of section 4723.28 of the Revised  1,649        

Code.                                                                           

      (G)  In the absence of fraud or bad faith, any person        1,651        

reporting to the program with regard to a nurse's chemical         1,653        

dependence OF A PERSON WHO HOLDS A LICENSE OR CERTIFICATE ISSUED   1,654        

UNDER THIS CHAPTER, or the progress or lack of progress of that    1,655        

nurse PERSON with regard to treatment, shall be immune from any    1,657        

civil action and shall not be liable for civil damages as a                     

result of the report.                                              1,658        

      Sec. 4723.63.  On receipt of a notice pursuant to section    1,667        

2301.373 of the Revised Code, the board of nursing shall comply    1,668        

with that section with respect to a license OR CERTIFICATE issued  1,669        

pursuant to this chapter.                                          1,670        

      Sec. 4723.71.  (A)  THERE IS HEREBY ESTABLISHED UNDER THE    1,673        

BOARD OF NURSING THE ADVISORY GROUP ON DIALYSIS.  THE ADVISORY     1,674        

GROUP SHALL ADVISE THE BOARD OF NURSING REGARDING THE              1,675        

QUALIFICATIONS, STANDARDS FOR TRAINING, COMPETENCE OF DIALYSIS     1,676        

TECHNICIANS, AND ALL OTHER MATTERS RELATED TO DIALYSIS                          

TECHNICIANS.  A REPRESENTATIVE OF THE BOARD OF NURSING SHALL       1,678        

CHAIR THE MEETINGS OF THE ADVISORY GROUP.  THE ADVISORY GROUP      1,679        

                                                          38     


                                                                 
SHALL CONSIST OF THE MEMBERS APPOINTED UNDER DIVISIONS (B) AND     1,681        

(C) OF THIS SECTION.                                                            

      (B)  THE BOARD OF NURSING SHALL APPOINT THE FOLLOWING AS     1,684        

MEMBERS OF THE ADVISORY GROUP:                                     1,685        

      (1)  FOUR DIALYSIS TECHNICIANS;                              1,687        

      (2)  A REGISTERED NURSE WHO REGULARLY PERFORMS DIALYSIS AND  1,690        

CARES FOR PATIENTS WHO RECEIVE DIALYSIS;                                        

      (3)  A PHYSICIAN WHO SPECIALIZES IN NEPHROLOGY;              1,692        

      (4)  AN ADMINISTRATOR OF A DIALYSIS CENTER;                  1,694        

      (5)  A DIALYSIS PATIENT;                                     1,696        

      (6)  A REPRESENTATIVE FROM THE END-STAGE RENAL DISEASE       1,698        

NETWORK AS DEFINED IN 42 C.F.R. 405.2100.                          1,701        

      (C)  THE MEMBERS OF THE ADVISORY GROUP APPOINTED UNDER       1,704        

DIVISION (B) OF THIS SECTION MAY RECOMMEND AND THE BOARD OF        1,706        

NURSING MAY APPOINT ADDITIONAL PERSONS TO SERVE AS MEMBERS OF THE  1,707        

ADVISORY GROUP AS APPROPRIATE.                                     1,708        

      (D)  OF THE MEMBERS OF THE ADVISORY GROUP APPOINTED UNDER    1,711        

DIVISION (B) OF THIS SECTION, THREE SHALL BE APPOINTED FOR TERMS   1,713        

ENDING ON THE THIRTY-FIRST DAY OF OCTOBER OF THE SECOND YEAR       1,714        

FOLLOWING THE YEAR IN WHICH THIS SECTION TAKES EFFECT, THREE FOR   1,715        

TERMS ENDING ON THE THIRTY-FIRST DAY OF OCTOBER OF THE THIRD YEAR  1,716        

FOLLOWING THE YEAR IN WHICH THIS SECTION TAKES EFFECT, AND THREE   1,717        

FOR TERMS ENDING ON THE THIRTY-FIRST DAY OF OCTOBER OF THE FOURTH  1,718        

YEAR FOLLOWING THE YEAR IN WHICH THIS SECTION TAKES EFFECT.        1,719        

THEREAFTER, TERMS SHALL BE THREE YEARS, WITH EACH TERM ENDING ON   1,720        

THE SAME DAY OF THE MONTH AS DID THE TERM IT SUCCEEDS.  THE BOARD  1,721        

OF NURSING SHALL SPECIFY THE TERMS FOR THE ADVISORY GROUP MEMBERS  1,722        

APPOINTED UNDER DIVISION (C) OF THIS SECTION.                      1,724        

      (E)  MEMBERS OF THE ADVISORY GROUP SHALL SERVE AT THE        1,727        

DISCRETION OF THE BOARD OF NURSING.  MEMBERS SHALL RECEIVE THEIR   1,728        

ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF       1,730        

THEIR OFFICIAL DUTIES.                                                          

      (F)  SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO    1,734        

THE ADVISORY GROUP.                                                1,735        

                                                          39     


                                                                 
      Sec. 4723.72.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION        1,739        

(A)(2) OF THIS SECTION, NO PERSON SHALL PERFORM DIALYSIS UNLESS    1,740        

ALL OF THE FOLLOWING ARE THE CASE:                                 1,741        

      (a)  THE PERSON HOLDS A CURRENT, VALID CERTIFICATE ISSUED    1,743        

UNDER SECTION 4723.76 OR RENEWED UNDER SECTION 4723.77 OF THE      1,745        

REVISED CODE OR A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED      1,746        

UNDER SECTION 4723.75 OF THE REVISED CODE.                         1,747        

      (b)  THE PERSON HAS BEEN DELEGATED THE DIALYSIS PROCEDURE    1,750        

BY A PHYSICIAN OR REGISTERED NURSE.                                             

      (c)  THE PERSON ADMINISTERS MEDICATION ONLY AS ORDERED BY A  1,752        

LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS AS      1,753        

DEFINED IN SECTION 4729.01 OF THE REVISED CODE AND IN ACCORDANCE   1,754        

WITH THE STANDARDS ESTABLISHED UNDER SECTION 4723.79 OF THE        1,755        

REVISED CODE.                                                      1,756        

      (d)  THE PERSON ADMINISTERS ONLY THE FOLLOWING MEDICATIONS:  1,758        

      (i)  INTRADERMAL LIDOCAINE OR OTHER SINGLE THERAPEUTICALLY   1,760        

EQUIVALENT LOCAL ANESTHETIC FOR THE PURPOSE OF INITIATING          1,761        

DIALYSIS TREATMENT;                                                             

      (ii)  INTRAVENOUS HEPARIN OR OTHER SINGLE THERAPEUTICALLY    1,763        

EQUIVALENT ANTICOAGULANT FOR THE PURPOSE OF INITIATING AND         1,764        

MAINTAINING DIALYSIS TREATMENT;                                    1,765        

      (iii)  INTRAVENOUS NORMAL SALINE;                            1,767        

      (iv)  PATIENT SPECIFIC DIALYSATE, TO WHICH THE PERSON MAY    1,769        

ADD ELECTROLYTES BUT NOT ANY OTHER ADDITIVES OR MEDICATIONS.       1,770        

      (e)  THE PERSON IS UNDER THE SUPERVISION OF A PHYSICIAN OR   1,772        

REGISTERED NURSE AND IS IN THE IMMEDIATE PRESENCE OF THE           1,773        

PHYSICIAN OR REGISTERED NURSE OR, IF THE PERSON IS PROVIDING HOME  1,774        

DIALYSIS CARE, IS SUPERVISED IN ACCORDANCE WITH RULES FOR HOME     1,775        

DIALYSIS CARE ESTABLISHED IN SECTION 4723.79 OF THE REVISED CODE.  1,776        

      (2)  DIVISION (A)(1) OF THIS SECTION DOES NOT APPLY TO ANY   1,779        

OF THE FOLLOWING:                                                               

      (a)  A PATIENT WHO PERFORMS SELF OR HOME DIALYSIS WITH       1,781        

LITTLE OR NO PROFESSIONAL ASSISTANCE AND HAS COMPLETED A           1,782        

MEDICARE-APPROVED SELF OR HOME DIALYSIS TRAINING PROGRAM, OR AN    1,783        

                                                          40     


                                                                 
INDIVIDUAL WHO ASSISTS A FRIEND OR FAMILY MEMBER IN PERFORMING     1,784        

SELF OR HOME DIALYSIS AND HAS COMPLETED A MEDICARE-APPROVED SELF   1,785        

OR HOME DIALYSIS TRAINING PROGRAM;                                              

      (b)  A STUDENT PERFORMING DIALYSIS UNDER THE SUPERVISION OF  1,788        

AN INSTRUCTOR AS AN INTEGRAL PART OF A DIALYSIS TRAINING PROGRAM   1,789        

APPROVED BY THE BOARD OF NURSING UNDER SECTION 4723.74 OF THE      1,790        

REVISED CODE;                                                      1,791        

      (c)  A REGISTERED NURSE OR LICENSED PRACTICAL NURSE;         1,794        

      (d)  A PHYSICIAN.                                            1,796        

      (B)  NO PERSON SHALL PROVIDE DIALYSIS UNLESS THE DIALYSIS    1,799        

IS PERFORMED BY A PERSON WHO IS IN COMPLIANCE WITH DIVISION        1,801        

(A)(1) OF THIS SECTION OR LISTED IN DIVISION (A)(2) OF THIS        1,803        

SECTION.                                                                        

      (C)  NO PERSON SHALL OPERATE A DIALYSIS TRAINING PROGRAM     1,806        

UNLESS THE PROGRAM IS APPROVED BY THE BOARD OF NURSING UNDER       1,807        

SECTION 4723.74 OF THE REVISED CODE.                               1,809        

      Sec. 4723.73.  (A)  NO PERSON SHALL CLAIM TO THE PUBLIC TO   1,812        

BE A DIALYSIS TECHNICIAN UNLESS THE PERSON HOLDS A CURRENT, VALID  1,813        

CERTIFICATE ISSUED UNDER SECTION 4723.76 OR RENEWED UNDER SECTION  1,815        

4723.77 OR A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED UNDER     1,816        

SECTION 4723.75 OF THE REVISED CODE.                               1,818        

      (B)  NO PERSON SHALL USE THE TITLE "OHIO CERTIFIED DIALYSIS  1,822        

TECHNICIAN," OR THE INITIALS "OCDT," UNLESS THE PERSON HOLDS A     1,824        

CURRENT, VALID CERTIFICATE ISSUED UNDER SECTION 4723.76 OR                      

RENEWED UNDER SECTION 4723.77 OF THE REVISED CODE.  NO PERSON      1,827        

SHALL USE ANY OTHER TITLE OR INITIALS THAT REPRESENT THAT THE      1,828        

PERSON IS AUTHORIZED TO PERFORM DIALYSIS UNLESS THE PERSON HOLDS   1,829        

A CURRENT, VALID CERTIFICATE ISSUED UNDER SECTION 4723.76 OR       1,830        

RENEWED UNDER SECTION 4723.77 OR IS A PERSON LISTED IN DIVISION    1,832        

(A)(2) OF SECTION 4723.72 OF THE REVISED CODE.                     1,834        

      Sec. 4723.74.  A PERSON WHO SEEKS TO OPERATE A DIALYSIS      1,836        

TRAINING PROGRAM SHALL APPLY TO THE BOARD OF NURSING IN            1,837        

ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4723.79 OF THE         1,839        

REVISED CODE FOR APPROVAL OF THE PROGRAM.  THE PERSON SHALL        1,841        

                                                          41     


                                                                 
INCLUDE WITH THE APPLICATION THE FEE PRESCRIBED IN THOSE RULES.    1,842        

IF THE PROGRAM MEETS THE REQUIREMENTS FOR APPROVAL AS SPECIFIED    1,843        

IN THE RULES, THE BOARD SHALL APPROVE THE PROGRAM.                 1,844        

      Sec. 4723.75.  (A)  THE BOARD OF NURSING SHALL ISSUE A       1,847        

CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A PERSON WHO   1,848        

MEETS ALL OF THE FOLLOWING REQUIREMENTS:                           1,849        

      (1)  THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH      1,851        

RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND        1,854        

INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES.  1,855        

      (2)  THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND        1,857        

POSSESSES A HIGH SCHOOL DIPLOMA OR HIGH SCHOOL EQUIVALENCE         1,858        

DIPLOMA.                                                           1,859        

      (3)  THE PERSON MEETS THE REQUIREMENTS ESTABLISHED BY THE    1,861        

BOARD'S RULES.                                                     1,862        

      (4)  ONE OF THE FOLLOWING APPLIES:                           1,864        

      (a)  ALL OF THE FOLLOWING REQUIREMENTS ARE MET:              1,867        

      (i)  THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS        1,870        

TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF    1,871        

THE REVISED CODE.                                                  1,872        

      (ii)  THE PERSON HAS BEEN EMPLOYED TO PERFORM DIALYSIS BY A  1,875        

DIALYSIS PROVIDER FOR NOT LESS THAN TWELVE MONTHS PRIOR TO THE     1,876        

DATE OF APPLICATION.                                                            

      (iii)  THE PERSON PASSES A CERTIFICATION EXAMINATION IN      1,879        

ACCORDANCE WITH DIVISION (B) OF THIS SECTION.                      1,880        

      (b)  BOTH OF THE FOLLOWING REQUIREMENTS ARE MET:             1,883        

      (i)  THE PERSON HOLDS, ON THE EFFECTIVE DATE OF THIS         1,886        

SECTION, A CURRENT, VALID CERTIFICATE FROM A TESTING ORGANIZATION  1,887        

APPROVED BY THE BOARD UNDER DIVISION (B)(2) OF THIS SECTION OR     1,888        

PROVIDES EVIDENCE SATISFACTORY TO THE BOARD OF HAVING PASSED THE   1,889        

EXAMINATION OF SUCH AN ORGANIZATION NOT LONGER THAN FIVE YEARS     1,890        

PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.                       1,891        

      (ii)  THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON PROVIDES  1,894        

THE BOARD WITH THE INFORMATION SPECIFIED IN RULES ADOPTED UNDER                 

SECTION 4723.79 OF THE REVISED CODE ATTESTING TO THE PERSON'S      1,896        

                                                          42     


                                                                 
COMPETENCE TO PERFORM DIALYSIS.                                    1,897        

      (c)  THE PERSON SUBMITS PROOF SATISFACTORY TO THE BOARD      1,900        

THAT THE PERSON HOLDS A CURRENT, VALID LICENSE, CERTIFICATE, OR    1,901        

OTHER AUTHORIZATION TO PERFORM DIALYSIS ISSUED BY ANOTHER STATE    1,902        

THAT HAS STANDARDS FOR DIALYSIS TECHNICIANS THAT THE BOARD         1,903        

CONSIDERS COMPARABLE TO THOSE ESTABLISHED UNDER SECTIONS 4723.71   1,904        

TO 4723.79 OF THE REVISED CODE.                                    1,906        

      (B)(1)  EXCEPT FOR AN APPLICANT WHO MEETS THE REQUIREMENTS   1,908        

ESTABLISHED BY DIVISION (A)(4)(b) OR (c) OF THIS SECTION, AN       1,911        

APPLICANT FOR A CERTIFICATE ISSUED UNDER THIS SECTION MUST PASS    1,912        

AN EXAMINATION DEMONSTRATING COMPETENCE TO PERFORM DIALYSIS.  THE  1,913        

APPLICANT MUST PASS THE EXAMINATION NOT LATER THAN EIGHTEEN        1,914        

MONTHS AFTER ENTERING A DIALYSIS TRAINING PROGRAM APPROVED BY THE  1,916        

BOARD UNDER SECTION 4723.74 OF THE REVISED CODE.  AN APPLICANT     1,917        

WHO DOES NOT PASS THE EXAMINATION WITHIN EIGHTEEN MONTHS AFTER     1,918        

ENTERING A DIALYSIS TRAINING PROGRAM MUST REPEAT AND SUCCESSFULLY  1,919        

COMPLETE THE TRAINING PROGRAM, OR SUCCESSFULLY COMPLETE ANOTHER    1,920        

DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD, AND PASS THE      1,921        

EXAMINATION NOT LESS THAN SIX MONTHS AFTER ENTERING THE NEW OR     1,922        

REPEAT PROGRAM.  AN APPLICANT WHO DOES NOT PASS THE EXAMINATION    1,923        

WITHIN SIX MONTHS AFTER ENTERING THE NEW OR REPEAT PROGRAM MUST    1,924        

WAIT NOT LESS THAN ONE YEAR BEFORE ENTERING OR REENTERING ANY      1,925        

DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD, AFTER WHICH THE   1,926        

APPLICANT MUST SUCCESSFULLY COMPLETE A DIALYSIS TRAINING PROGRAM   1,927        

APPROVED BY THE BOARD AND PASS THE EXAMINATION NOT LATER THAN SIX  1,928        

MONTHS AFTER ENTERING THE PROGRAM.                                 1,929        

      (2)  THE BOARD SHALL EITHER CONDUCT CERTIFICATION            1,931        

EXAMINATIONS ITSELF OR, IN ACCORDANCE WITH RULES ADOPTED UNDER     1,932        

SECTION 4723.79 OF THE REVISED CODE, APPROVE TESTING               1,934        

ORGANIZATIONS TO CONDUCT THE EXAMINATIONS.  IF IT CONDUCTS THE     1,936        

EXAMINATIONS, THE BOARD MAY USE ALL OR PART OF A STANDARD          1,937        

EXAMINATION CREATED BY A TESTING ORGANIZATION APPROVED BY THE      1,938        

BOARD.  REGARDLESS OF WHO CONDUCTS IT, THE EXAMINATION SHALL                    

COVER ALL OF THE SUBJECTS SPECIFIED IN RULES ADOPTED UNDER         1,940        

                                                          43     


                                                                 
SECTION 4723.79 OF THE REVISED CODE.                               1,942        

      Sec. 4723.76.  (A)  THE BOARD OF NURSING SHALL ISSUE A       1,944        

TEMPORARY CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A    1,945        

PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:                1,946        

      (1)  THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH      1,948        

RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND        1,950        

INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES.  1,951        

      (2)  THE PERSON PROVIDES DOCUMENTATION FROM THE PERSON'S     1,953        

EMPLOYER THAT DEMONSTRATES THAT THE PERSON IS COMPETENT TO         1,954        

PERFORM DIALYSIS.                                                  1,955        

      (3)  ONE OF THE FOLLOWING APPLIES:                           1,957        

      (a)  THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS        1,959        

TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER SECTION    1,960        

4723.74 OF THE REVISED CODE.                                       1,961        

      (b)  THE PERSON IS, ON THE EFFECTIVE DATE OF THIS SECTION,   1,963        

EMPLOYED AS A DIALYSIS TECHNICIAN BUT HAS BEEN SO EMPLOYED FOR     1,964        

LESS THAN TWELVE MONTHS.                                           1,965        

      (c)  THE PERSON HAS EXPERIENCE AS A DIALYSIS TECHNICIAN IN   1,967        

A JURISDICTION THAT DOES NOT LICENSE OR CERTIFY DIALYSIS           1,968        

TECHNICIANS AND THE BOARD OF NURSING BELIEVES THAT THE PERSON      1,969        

DOES NOT REQUIRE ADDITIONAL TRAINING.                              1,970        

      (B)  A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS    1,972        

THE REQUIREMENT IN DIVISION (A)(3)(a) OF THIS SECTION IS VALID     1,974        

FOR EIGHTEEN MONTHS FROM THE DATE ON WHICH THE HOLDER ENTERED A    1,975        

DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION      1,976        

4723.74 OF THE REVISED CODE.                                                    

      A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE     1,979        

REQUIREMENT IN DIVISION (A)(3)(b) OF THIS SECTION IS VALID FOR     1,981        

THE NUMBER OF MONTHS EQUAL TO EIGHTEEN MONTHS MINUS THE NUMBER OF  1,982        

MONTHS THE PERSON HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN.      1,983        

      A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE     1,986        

REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION AND HAS BEEN     1,987        

WORKING AS A DIALYSIS TECHNICIAN FOR TWELVE MONTHS OR LONGER IS    1,988        

VALID FOR SIX MONTHS.  A TEMPORARY CERTIFICATE ISSUED TO A PERSON  1,989        

                                                          44     


                                                                 
WHO MEETS THE REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION    1,990        

AND HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN FOR LESS THAN       1,991        

TWELVE MONTHS IS VALID FOR THE NUMBER OF MONTHS EQUAL TO EIGHTEEN  1,992        

MONTHS MINUS THE NUMBER OF MONTHS THE PERSON HAS BEEN EMPLOYED AS  1,993        

A DIALYSIS TECHNICIAN.                                                          

      (C)  A TEMPORARY CERTIFICATE ISSUED UNDER THIS SECTION MAY   1,996        

BE RENEWED ONCE IF THE HOLDER ENROLLS OR RE-ENROLLS IN A DIALYSIS  1,997        

TRAINING PROGRAM APPROVED BY THE BOARD.  A TEMPORARY CERTIFICATE   1,998        

THAT HAS BEEN RENEWED IS NOT RENEWABLE.  A PERSON HOLDING A        1,999        

TEMPORARY CERTIFICATE SHALL PROVIDE A COPY OF THE TEMPORARY        2,000        

CERTIFICATE TO THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON.  THE  2,001        

PERSON SHALL NOT ACT AS A TRAINER OR PRECEPTOR IN THE DIALYSIS     2,002        

TRAINING PROGRAM.                                                               

      Sec. 4723.77.  A CERTIFICATE ISSUED UNDER SECTION 4723.75    2,004        

OF THE REVISED CODE EXPIRES BIENNIALLY AND SHALL BE RENEWED        2,007        

ACCORDING TO A SCHEDULE ESTABLISHED BY THE BOARD OF NURSING IN     2,008        

RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE.           2,010        

      AN APPLICATION FOR CERTIFICATE RENEWAL SHALL BE ACCOMPANIED  2,012        

BY THE RENEWAL FEE ESTABLISHED IN RULES ADOPTED BY THE BOARD       2,013        

UNDER SECTION 4723.79 OF THE REVISED CODE.  RENEWALS SHALL BE      2,016        

MADE IN ACCORDANCE WITH THE STANDARD RENEWAL PROCEDURE             2,017        

ESTABLISHED UNDER CHAPTER 4745. OF THE REVISED CODE.               2,020        

      A CERTIFICATE MAY BE RENEWED ONLY IF, DURING THE PERIOD FOR  2,023        

WHICH THE CERTIFICATE WAS ISSUED, THE CERTIFICATE HOLDER           2,024        

SATISFIED THE CONTINUING EDUCATION REQUIREMENTS ESTABLISHED BY     2,026        

THE BOARD'S RULES.                                                              

      Sec. 4723.78.  (A)  THE BOARD OF NURSING SHALL ESTABLISH A   2,029        

DIALYSIS REGISTRY THAT CONTAINS THE FOLLOWING INFORMATION:         2,030        

      (1)  THE NAMES OF, AND OTHER IDENTIFYING INFORMATION         2,032        

SPECIFIED IN RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED    2,035        

CODE ABOUT, THE FOLLOWING:                                         2,036        

      (a)  PERSONS WHO HAVE ENROLLED IN A DIALYSIS TRAINING        2,039        

PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF THE         2,040        

REVISED CODE;                                                      2,041        

                                                          45     


                                                                 
      (b)  PERSONS WHO HOLD A CURRENT, VALID CERTIFICATE ISSUED    2,044        

UNDER SECTION 4723.75 OF THE REVISED CODE;                         2,046        

      (c)  PERSONS WHO HOLD A CURRENT, VALID TEMPORARY             2,048        

CERTIFICATE ISSUED UNDER SECTION 4723.76 OR RENEWED UNDER SECTION  2,049        

4723.77 OF THE REVISED CODE.                                       2,051        

      (2)  THE NAME AND LOCATION OF THE DIALYSIS PROVIDERS WHO     2,053        

EMPLOY THE DIALYSIS TECHNICIANS LISTED IN DIVISIONS (A)(1)(b) AND  2,056        

(c) OF THIS SECTION.                                                            

      (B)  PERSONS SHALL PROVIDE TO THE BOARD INFORMATION THAT IS  2,059        

TO BE INCLUDED IN THE DIALYSIS REGISTRY IN ACCORDANCE WITH RULES   2,060        

ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE.  THE BOARD      2,062        

SHALL RELEASE INFORMATION IN THE REGISTRY IN ACCORDANCE WITH       2,063        

THOSE RULES.                                                                    

      Sec. 4723.79.  THE BOARD OF NURSING SHALL ADOPT RULES TO     2,066        

ADMINISTER AND ENFORCE SECTIONS 4723.71 TO 4723.79 OF THE REVISED  2,068        

CODE.  THE BOARD SHALL ADOPT THE RULES IN ACCORDANCE WITH CHAPTER  2,071        

119. OF THE REVISED CODE.  THE RULES SHALL ESTABLISH OR SPECIFY    2,074        

ALL OF THE FOLLOWING:                                                           

      (A)  THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR      2,077        

APPROVAL, REAPPROVAL, AND WITHDRAWAL OF A DIALYSIS TRAINING        2,078        

PROGRAM UNDER SECTION 4723.74 OF THE REVISED CODE.  THE            2,081        

REQUIREMENTS SHALL INCLUDE STANDARDS THAT MUST BE SATISFIED        2,082        

REGARDING CURRICULUM, LENGTH OF TRAINING, AND INSTRUCTIONS IN      2,083        

PATIENT CARE.                                                      2,084        

      (B)  THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR      2,087        

ISSUANCE OF A CERTIFICATE UNDER SECTION 4723.75 OF THE REVISED     2,090        

CODE;                                                                           

      (C)  THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR      2,093        

ISSUANCE OF A TEMPORARY CERTIFICATE UNDER SECTION 4723.76 OF THE   2,094        

REVISED CODE, EXCEPT THAT THE AMOUNT OF THE FEE SHALL BE NO        2,095        

GREATER THAN THE FEE CHARGED UNDER DIVISION (A)(1) OF SECTION      2,096        

4723.08 OF THE REVISED CODE;                                       2,097        

      (D)  THE PROCESS FOR APPROVAL OF TESTING ORGANIZATIONS       2,100        

UNDER DIVISION (B)(2) OF SECTION 4723.75 OF THE REVISED CODE;      2,103        

                                                          46     


                                                                 
      (E)  SUBJECTS TO BE INCLUDED IN A CERTIFICATION EXAMINATION  2,106        

PROVIDED FOR IN DIVISION (B) OF SECTION 4723.75 OF THE REVISED     2,109        

CODE;                                                                           

      (F)  THE SCHEDULE, FEES, AND CONTINUING EDUCATION            2,112        

REQUIREMENTS FOR RENEWAL OF A CERTIFICATE UNDER SECTION 4723.77    2,113        

OF THE REVISED CODE, EXCEPT THAT THE FEE FOR THE RENEWAL OF A      2,114        

CERTIFICATE SHALL BE NO GREATER THAN THE FEE CHARGED UNDER         2,115        

DIVISION (A)(8) OF SECTION 4723.08 OF THE REVISED CODE;            2,116        

      (G)  STANDARDS AND PROCEDURES FOR ESTABLISHING,              2,118        

MAINTAINING, AND PROVIDING ACCESS TO THE DIALYSIS REGISTRY         2,119        

ESTABLISHED UNDER SECTION 4723.78 OF THE REVISED CODE;             2,122        

      (H)  STANDARDS FOR THE ADMINISTRATION OF MEDICATION BY       2,125        

DIALYSIS TECHNICIANS UNDER SECTION 4723.72 OF THE REVISED CODE;    2,127        

      (I)  THE INFORMATION A DIALYSIS PROVIDER IS TO PROVIDE TO    2,129        

THE BOARD WHEN ATTESTING TO A PERSON'S COMPETENCE TO PERFORM       2,130        

DIALYSIS;                                                                       

      (J)  STANDARDS AND PROCEDURES FOR THE SUPERVISION OF         2,132        

DIALYSIS TECHNICIANS WHO PROVIDE HOME DIALYSIS CARE, INCLUDING     2,133        

MONTHLY HOME VISITS BY A REGISTERED NURSE TO MONITOR THE QUALITY   2,134        

OF DIALYSIS CARE;                                                               

      (K)  ANY OTHER PROCEDURES OR REQUIREMENTS NECESSARY FOR THE  2,137        

ADMINISTRATION AND ENFORCEMENT OF SECTIONS 4723.71 TO 4723.79 OF   2,138        

THE REVISED CODE.                                                  2,140        

      Sec. 4723.99.  Whoever violates section 4723.03 or,          2,150        

4723.44, 4723.72, OR 4723.73 of the Revised Code shall be fined    2,152        

five hundred dollars or imprisoned not more than ninety days or                 

both.                                                              2,153        

      Section 2.  That existing sections 121.22, 4723.02,          2,155        

4723.04, 4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281,   2,156        

4723.34, 4723.341, 4723.342, 4723.35, 4723.63, and 4723.99 of the  2,157        

Revised Code are hereby repealed.                                               

      Section 3.  Sections 1 and 2 of this act, except for         2,159        

sections 4723.72, 4723.73, and 4723.79 of the Revised Code, shall  2,160        

take effect one hundred eighty days after the effective date of    2,161        

                                                          47     


                                                                 
this act.  Sections 4723.72 and 4723.73 of the Revised Code, as    2,162        

enacted by this act, shall take effect one year after the          2,163        

effective date of this act.  Section 4723.79 of the Revised Code,  2,165        

as enacted by this act, shall take effect at the earliest time     2,166        

permitted by law.                                                               

      Section 4.  The Board of Nursing shall adopt the rules       2,168        

provided for in section 4723.79 of the Revised Code not later      2,169        

than one hundred eighty days after the effective date of this      2,170        

act.  In adopting the rules, the Board shall consult with          2,171        

representatives designated by the Ohio Renal Association, the      2,172        

Ohio Renal Physicians Association, the National Association of     2,173        

Nephrology Technologists, and the American Nephrology Nurses       2,174        

Association.                                                                    

      Section 5.  Notwithstanding the provision of section         2,176        

4723.02 of the Revised Code that defines "dialysis technician" as  2,177        

an individual who holds a certificate to practice as a dialysis    2,178        

technician, the individuals initially appointed to the Advisory    2,179        

Group on Dialysis as dialysis technicians need not be certificate  2,180        

holders, but must meet all the requirements for receipt of a                    

certificate.                                                       2,181