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
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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
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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
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(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
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(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
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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
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(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
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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
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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
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(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
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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
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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
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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
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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
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(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
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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
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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