As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 111 5
1999-2000 6
SENATORS DRAKE-KEARNS-SPADA-WATTS-ARMBRUSTER 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
4723.282, 4723.34, 4723.341, 4723.35, 4723.63,
and 4723.99 and to enact sections 4723.71, 14
4723.72, 4723.73, 4723.74, 4723.75, 4723.751, 15
4723.76, 4723.77, 4723.78, and 4723.79 of the
Revised Code to require that the Board of Nursing 17
establish a certification program for dialysis
technicians. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 121.22, 4723.02, 4723.04, 22
4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 4723.282, 23
4723.34, 4723.341, 4723.35, 4723.63, and 4723.99 be amended and 24
sections 4723.71, 4723.72, 4723.73, 4723.74, 4723.75, 4723.751, 25
4723.76, 4723.77, 4723.78, and 4723.79 of the Revised Code be 26
enacted to read as follows: 27
Sec. 121.22. (A) This section shall be liberally 36
construed to require public officials to take official action and 37
to conduct all deliberations upon official business only in open 38
meetings unless the subject matter is specifically excepted by 39
law. 40
(B) As used in this section: 42
(1) "Public body" means any of the following: 44
(a) Any board, commission, committee, council, or similar 46
decision-making body of a state agency, institution, or 47
authority, and any legislative authority or board, commission, 48
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committee, council, agency, authority, or similar decision-making 50
body of any county, township, municipal corporation, school 51
district, or other political subdivision or local public 52
institution;
(b) Any committee or subcommittee of a body described in 54
division (B)(1)(a) of this section; 55
(c) A court of jurisdiction of a sanitary district 57
organized wholly for the purpose of providing a water supply for 58
domestic, municipal, and public use when meeting for the purpose 60
of the appointment, removal, or reappointment of a member of the 61
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 62
related to such a district other than litigation involving the 63
district. As used in division (B)(1)(c) of this section, "court 64
of jurisdiction" has the same meaning as "court" in section 65
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 67
public business of the public body by a majority of its members. 68
(3) "Regulated individual" means either of the following: 70
(a) A student in a state or local public educational 72
institution; 73
(b) A person who is, voluntarily or involuntarily, an 75
inmate, patient, or resident of a state or local institution 76
because of criminal behavior, mental illness or retardation, 77
disease, disability, age, or other condition requiring custodial 78
care. 79
(C) All meetings of any public body are declared to be 81
public meetings open to the public at all times. A member of a 82
public body shall be present in person at a meeting open to the 84
public to be considered present or to vote at the meeting and for 85
purposes of determining whether a quorum is present at the 86
meeting. 87
The minutes of a regular or special meeting of any public 90
body shall be promptly prepared, filed, and maintained and shall 91
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be open to public inspection. The minutes need only reflect the 92
general subject matter of discussions in executive sessions 93
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 95
audit conference conducted by the auditor of state or independent 96
certified public accountants with officials of the public office 97
that is the subject of the audit, to the adult parole authority 98
when its hearings are conducted at a correctional institution for 99
the sole purpose of interviewing inmates to determine parole or 100
pardon, to the organized crime investigations commission 101
established under section 177.01 of the Revised Code, to the 102
state medical board when determining whether to suspend a 103
certificate without a prior hearing pursuant to division (G) of 105
either section 4730.25 or 4731.22 of the Revised Code, to the 107
board of nursing when determining whether to suspend a license OR 108
CERTIFICATE without a prior hearing pursuant to division (B) of 110
section 4723.181 4723.281 of the Revised Code, or to the 112
executive committee of the emergency response commission when 113
determining whether to issue an enforcement order or request that 114
a civil action, civil penalty action, or criminal action be 115
brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing 117
advisory council, the industrial technology and enterprise 118
advisory council, the tax credit authority, or the minority 120
development financing advisory board, when meeting to consider 121
granting assistance pursuant to Chapter 122. or 166. of the 122
Revised Code, in order to protect the interest of the applicant 123
or the possible investment of public funds, by unanimous vote of 124
all board, council, or authority members present, may close the 126
meeting during consideration of the following information 128
confidentially received by the authority, council, or board from 129
the applicant: 131
(1) Marketing plans; 133
(2) Specific business strategy; 135
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(3) Production techniques and trade secrets; 137
(4) Financial projections; 139
(5) Personal financial statements of the applicant or 141
members of the applicant's immediate family, including, but not 142
limited to, tax records or other similar information not open to 144
public inspection. 145
The vote by the authority, council, or board to accept or 149
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 152
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 154
reasonable method whereby any person may determine the time and 155
place of all regularly scheduled meetings and the time, place, 156
and purpose of all special meetings. A public body shall not 157
hold a special meeting unless it gives at least twenty-four 158
hours' advance notice to the news media that have requested 159
notification, except in the event of an emergency requiring 160
immediate official action. In the event of an emergency, the 161
member or members calling the meeting shall notify the news media 162
that have requested notification immediately of the time, place, 163
and purpose of the meeting. 164
The rule shall provide that any person, upon request and 167
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 168
business is to be discussed. Provisions for advance notification 169
may include, but are not limited to, mailing the agenda of 170
meetings to all subscribers on a mailing list or mailing notices 171
in self-addressed, stamped envelopes provided by the person. 172
(G) Except as provided in division (J) of this section, 175
the members of a public body may hold an executive session only 176
after a majority of a quorum of the public body determines, by a 177
roll call vote, to hold an executive session and only at a 179
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 180
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(1) To consider the appointment, employment, dismissal, 182
discipline, promotion, demotion, or compensation of a public 183
employee or official, or the investigation of charges or 184
complaints against a public employee, official, licensee, or 185
regulated individual, unless the public employee, official, 186
licensee, or regulated individual requests a public hearing. 187
Except as otherwise provided by law, no public body shall hold an 188
executive session for the discipline of an elected official for 189
conduct related to the performance of the elected official's 190
official duties or for the elected official's removal from 192
office. If a public body holds an executive session pursuant to 194
division (G)(1) of this section, the motion and vote to hold that 195
executive session shall state which one or more of the approved 196
purposes listed in division (G)(1) of this section are the 197
purposes for which the executive session is to be held, but need 198
not include the name of any person to be considered at the 199
meeting.
(2) To consider the purchase of property for public 201
purposes, or for the sale of property at competitive bidding, if 202
premature disclosure of information would give an unfair 203
competitive or bargaining advantage to a person whose personal, 204
private interest is adverse to the general public interest. No 205
member of a public body shall use division (G)(2) of this section 207
as a subterfuge for providing covert information to prospective 209
buyers or sellers. A purchase or sale of public property is void 210
if the seller or buyer of the public property has received covert 211
information from a member of a public body that has not been 212
disclosed to the general public in sufficient time for other 213
prospective buyers and sellers to prepare and submit offers. 214
If the minutes of the public body show that all meetings 216
and deliberations of the public body have been conducted in 217
compliance with this section, any instrument executed by the 218
public body purporting to convey, lease, or otherwise dispose of 219
any right, title, or interest in any public property shall be 220
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conclusively presumed to have been executed in compliance with 221
this section insofar as title or other interest of any bona fide 222
purchasers, lessees, or transferees of the property is concerned. 223
(3) Conferences with an attorney for the public body 225
concerning disputes involving the public body that are the 226
subject of pending or imminent court action; 227
(4) Preparing for, conducting, or reviewing negotiations 229
or bargaining sessions with public employees concerning their 230
compensation or other terms and conditions of their employment; 231
(5) Matters required to be kept confidential by federal 233
law or regulations or state statutes; 234
(6) Specialized details of security arrangements if 236
disclosure of the matters discussed might reveal information that 237
could be used for the purpose of committing, or avoiding 238
prosecution for, a violation of the law; 239
(7) In the case of a county hospital operated pursuant to 241
Chapter 339. of the Revised Code, to consider trade secrets, as 243
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 245
of the matters listed in divisions (G)(2) to (7) of this section, 247
the motion and vote to hold that executive session shall state 248
which one or more of the approved matters listed in those 249
divisions are to be considered at the executive session. 250
A public body specified in division (B)(1)(c) of this 253
section shall not hold an executive session when meeting for the
purposes specified in that division. 254
(H) A resolution, rule, or formal action of any kind is 256
invalid unless adopted in an open meeting of the public body. A 257
resolution, rule, or formal action adopted in an open meeting 258
that results from deliberations in a meeting not open to the 259
public is invalid unless the deliberations were for a purpose 260
specifically authorized in division (G) or (J) of this section 261
and conducted at an executive session held in compliance with 262
this section. A resolution, rule, or formal action adopted in an 263
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open meeting is invalid if the public body that adopted the 264
resolution, rule, or formal action violated division (F) of this 265
section. 266
(I)(1) Any person may bring an action to enforce this 268
section. An action under division (I)(1) of this section shall 270
be brought within two years after the date of the alleged 271
violation or threatened violation. Upon proof of a violation or 272
threatened violation of this section in an action brought by any 273
person, the court of common pleas shall issue an injunction to 274
compel the members of the public body to comply with its 275
provisions. 276
(2)(a) If the court of common pleas issues an injunction 278
pursuant to division (I)(1) of this section, the court shall 279
order the public body that it enjoins to pay a civil forfeiture 280
of five hundred dollars to the party that sought the injunction 281
and shall award to that party all court costs and, subject to 282
reduction as described in division (I)(2) of this section, 284
reasonable attorney's fees. The court, in its discretion, may 285
reduce an award of attorney's fees to the party that sought the 286
injunction or not award attorney's fees to that party if the 287
court determines both of the following: 288
(i) That, based on the ordinary application of statutory 290
law and case law as it existed at the time of violation or 291
threatened violation that was the basis of the injunction, a 292
well-informed public body reasonably would believe that the 293
public body was not violating or threatening to violate this 294
section; 295
(ii) That a well-informed public body reasonably would 297
believe that the conduct or threatened conduct that was the basis 298
of the injunction would serve the public policy that underlies 299
the authority that is asserted as permitting that conduct or 300
threatened conduct. 301
(b) If the court of common pleas does not issue an 303
injunction pursuant to division (I)(1) of this section and the 304
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court determines at that time that the bringing of the action was 305
frivolous conduct, as defined in division (A) of section 2323.51 306
of the Revised Code, the court shall award to the public body all 307
court costs and reasonable attorney's fees, as determined by the 308
court. 309
(3) Irreparable harm and prejudice to the party that 311
sought the injunction shall be conclusively and irrebuttably 312
presumed upon proof of a violation or threatened violation of 313
this section. 314
(4) A member of a public body who knowingly violates an 316
injunction issued pursuant to division (I)(1) of this section may 317
be removed from office by an action brought in the court of 318
common pleas for that purpose by the prosecuting attorney or the 319
attorney general. 320
(J)(1) Pursuant to division (C) of section 5901.09 of the 322
Revised Code, a veterans service commission shall hold an 323
executive session for one or more of the following purposes 324
unless an applicant requests a public hearing: 325
(a) Interviewing an applicant for financial assistance 327
under sections 5901.01 to 5901.15 of the Revised Code; 328
(b) Discussing applications, statements, and other 330
documents described in division (B) of section 5901.09 of the 331
Revised Code; 332
(c) Reviewing matters relating to an applicant's request 334
for financial assistance under sections 5901.01 to 5901.15 of the 335
Revised Code.
(2) A veterans service commission shall not exclude an 337
applicant for, recipient of, or former recipient of financial 338
assistance under sections 5901.01 to 5901.15 of the Revised Code, 339
and shall not exclude representatives selected by the applicant, 341
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 342
applicant's, recipient's, or former recipient's application for 343
financial assistance.
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(3) A veterans service commission shall vote on the grant 345
or denial of financial assistance under sections 5901.01 to 346
5901.15 of the Revised Code only in an open meeting of the 348
commission. The minutes of the meeting shall indicate the name, 349
address, and occupation of the applicant, whether the assistance 350
was granted or denied, the amount of the assistance if assistance 351
is granted, and the votes for and against the granting of 352
assistance.
Sec. 4723.02. As used in this chapter: 361
(A) "Registered nurse" means an individual who holds a 363
current, valid license issued under this chapter that authorizes 364
the practice of nursing as a registered nurse. 365
(B) "Practice of nursing as a registered nurse" means 367
providing to individuals and groups nursing care requiring 368
specialized knowledge, judgment, and skill derived from the 369
principles of biological, physical, behavioral, social, and 370
nursing sciences. Such nursing care includes: 371
(1) Identifying patterns of human responses to actual or 373
potential health problems amenable to a nursing regimen; 374
(2) Executing a nursing regimen through the selection, 376
performance, management, and evaluation of nursing actions; 377
(3) Assessing health status for the purpose of providing 379
nursing care; 380
(4) Providing health counseling and health teaching; 382
(5) Administering medications, treatments, and executing 384
regimens prescribed by licensed physicians; dentists; 386
optometrists; podiatrists; or, until January 1, 2010, advanced 388
practice nurses authorized to prescribe under section 4723.56 of 389
the Revised Code;
(6) Teaching, administering, supervising, delegating, and 391
evaluating nursing practice. 392
(C) "Nursing regimen" may include preventative, 394
restorative, and health promotion activities. 395
(D) "Assessing health status" means the collection of data 397
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through nursing assessment techniques, which may include 398
interviews, observation, and physical evaluations for the purpose 399
of providing nursing care. 400
(E) "Licensed practical nurse" means an individual who 402
holds a current, valid license issued under this chapter that 403
authorizes the practice of nursing as a licensed practical nurse. 404
(F) "The practice of nursing as a licensed practical 406
nurse" means providing to individuals and groups nursing care 407
requiring the application of basic knowledge of the biological, 408
physical, behavioral, social, and nursing sciences at the 409
direction of a licensed physician, dentist, podiatrist, 410
optometrist, or registered nurse. Such nursing care includes: 411
(1) Observation, patient teaching, and care in a diversity 413
of health care settings; 414
(2) Contributions to the planning, implementation, and 416
evaluation of nursing; 417
(3) Administration of medications and treatments 419
prescribed by a licensed physician; dentist; optometrist; 421
podiatrist; or, until January 1, 2010, an advanced practice nurse 423
authorized to prescribe under section 4723.56 of the Revised 424
Code, except that administration of intravenous therapy shall be 425
performed only in accordance with section 4723.48 of the Revised 426
Code. Medications may be administered by a licensed practical 427
nurse upon proof of completion of a course in medication 428
administration approved by the board of nursing.
(4) Administration to an adult of intravenous therapy 430
prescribed by a licensed physician; dentist; optometrist; 431
podiatrist; or, until January 1, 2010, an advanced practice nurse 432
authorized to prescribe under section 4723.56 of the Revised 433
Code, on the condition that the licensed practical nurse is 435
authorized by the board of nursing pursuant to section 4723.48 of 437
the Revised Code to perform intravenous therapy and performs 439
intravenous therapy only in accordance with section 4723.48 of 440
the Revised Code. 441
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(G) "Certified registered nurse anesthetist" means a 444
registered nurse who holds a valid certificate of authority 445
issued under this chapter that authorizes the practice of nursing 446
as a certified registered nurse anesthetist in accordance with 447
section 4723.43 of the Revised Code and rules adopted by the 448
board of nursing. 449
(H) "Clinical nurse specialist" means a registered nurse 452
who holds a valid certificate of authority issued under this 453
chapter that authorizes the practice of nursing as a clinical 454
nurse specialist in accordance with section 4723.43 of the 455
Revised Code and rules adopted by the board of nursing. 456
(I) "Certified nurse-midwife" means a registered nurse who 458
holds a valid certificate of authority issued under this chapter 459
that authorizes the practice of nursing as a certified 460
nurse-midwife in accordance with section 4723.43 of the Revised 461
Code and rules adopted by the board of nursing. 462
(J) "Certified nurse practitioner" means a registered 464
nurse who holds a valid certificate of authority issued under 465
this chapter that authorizes the practice of nursing as a 466
certified nurse practitioner in accordance with section 4723.43 467
of the Revised Code and rules adopted by the board of nursing. 469
(K) "Physician" means an individual who holds a 472
certificate issued under Chapter 4731. of the Revised Code 474
authorizing the practice of medicine and surgery or osteopathic 476
medicine and surgery and is practicing in this state. 477
(L) "Dentist" means an individual who is licensed under 480
Chapter 4715. of the Revised Code to practice dentistry and is 481
practicing in this state. 482
(M) "Podiatrist" means an individual who holds a 485
certificate issued under Chapter 4731. of the Revised Code 486
authorizing the practice of podiatry and is practicing in this 487
state.
(N) "Collaboration" or "collaborating" means the 489
following: 490
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(1) In the case of a clinical nurse specialist, except as 493
provided in division (N)(3) of this section, or a certified nurse
practitioner, that a podiatrist acting within the podiatrist's 494
scope of practice in accordance with section 4731.51 of the 495
Revised Code and with whom the nurse has entered into a standard 497
care arrangement or physician with whom the nurse has entered
into a standard care arrangement is continuously available to 499
communicate with the clinical nurse specialist or certified nurse 500
practitioner either in person or by radio, telephone, or other 501
form of telecommunication;
(2) In the case of a certified nurse-midwife, that a 503
physician with whom the certified nurse-midwife has entered into 504
a standard care arrangement is continuously available to 505
communicate with the certified nurse-midwife either in person or 506
by radio, telephone, or other form of telecommunication; 507
(3) In the case of a clinical nurse specialist whose 509
nursing specialty is mental health or psychiatric mental health, 510
that a physician is continuously available to communicate with 512
the nurse either in person or by radio, telephone, or other form 513
of telecommunication.
(O) "Supervision" means that a certified registered nurse 516
anesthetist is under the direction of a podiatrist acting within 517
the podiatrist's scope of practice in accordance with section
4731.51 of the Revised Code, a dentist acting within the 519
dentist's scope of practice in accordance with Chapter 4715. of 521
the Revised Code, or a physician, and, when administering 522
anesthesia, the certified registered nurse anesthetist is in the 523
immediate presence of the podiatrist, dentist, or physician. 524
(P) "Standard care arrangement" means a written, formal 527
guide for planning and evaluating a patient's health care that is 528
developed by a collaborating physician or podiatrist and a
clinical nurse specialist, certified nurse-midwife, or certified 529
nurse practitioner and meets the requirements of section 4723.431 530
of the Revised Code. 531
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(Q) "DIALYSIS CARE" MEANS THE CARE AND PROCEDURES THAT A 533
DIALYSIS TECHNICIAN IS AUTHORIZED TO PROVIDE AND PERFORM, AS 534
SPECIFIED IN SECTION 4723.72 OF THE REVISED CODE. 535
(R) "DIALYSIS TECHNICIAN" MEANS AN INDIVIDUAL WHO HOLDS A 537
CURRENT, VALID CERTIFICATE OR TEMPORARY CERTIFICATE ISSUED UNDER 538
THIS CHAPTER THAT AUTHORIZES THE INDIVIDUAL TO PRACTICE AS A 539
DIALYSIS TECHNICIAN IN ACCORDANCE WITH SECTION 4723.72 OF THE 540
REVISED CODE.
Sec. 4723.04. The state nurses' board shall be known as 549
the board of nursing. The board shall assume and exercise all 550
the powers and perform all the duties conferred and imposed on it 551
by this chapter concerning nurses and nursing and the regulation 552
thereof. The board shall consist of thirteen members who shall 553
be citizens of the United States and residents of Ohio. Eight 554
members shall be registered nurses, each of whom shall be a 555
graduate of an approved program of nursing education that 556
prepares persons for licensure as a registered nurse, shall hold 557
a currently active license issued under this chapter to practice 558
nursing as a registered nurse, and shall have been actively 559
engaged in the practice of nursing as a registered nurse for the 560
five years immediately preceding the member's initial appointment 561
to the board. Four members shall be licensed practical nurses, 562
each of whom shall be a graduate of an approved program of 563
nursing education that prepares persons for licensure as a 564
practical nurse, shall hold a currently active license issued 565
under this chapter to practice nursing as a licensed practical 566
nurse, and shall have been actively engaged in the practice of 567
nursing as a licensed practical nurse for the five years 568
immediately preceding the member's initial appointment to the 569
board. One member shall represent the interests of consumers of 570
health care. Neither this member nor any person in the member's 571
immediate family shall be a member of or associated with a health 572
care provider or profession or shall have a financial interest in 573
the delivery or financing of health care. Representation of 574
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nursing service and nursing education and of the various 575
geographical areas of the state shall be considered in making 576
appointments. As the term of any member of the board expires, a 577
successor shall be appointed who has the qualifications the 578
vacancy requires. Terms of office shall be for five years, 579
commencing on the first day of January and ending on the 580
thirty-first day of December. Each member shall hold office from 581
the date of appointment until the end of the term for which the 582
member was appointed. The term of a member shall expire if the 583
member ceases to meet any requirement of this section for the 584
member's position on the board. Any member appointed to fill a 585
vacancy occurring prior to the expiration of the term for which 586
her THE MEMBER'S predecessor was appointed shall hold office for 587
the remainder of such term. A person who has served a full term 589
on the board or more than thirty months of the remainder of the 590
term of a predecessor shall not be eligible for a subsequent 591
appointment to the board. Any member shall continue in office 592
subsequent to the expiration date of her THE MEMBER'S term until 593
her THE MEMBER'S successor takes office, or until a period of 595
sixty days has elapsed, whichever occurs first. Nursing 596
organizations of this state may each submit to the governor the 597
names of not more than five nominees for each position to be 598
filled on the board. From the names so submitted or from others, 599
at his THE GOVERNOR'S discretion, the governor with the advice 600
and consent of the senate shall make such appointments. 601
Any member of the board may be removed by the governor for 603
neglect of any duty required by law or for incompetency or 604
unprofessional or dishonorable conduct, after a hearing as 605
provided in Chapter 119. of the Revised Code. Seven members of 606
the board including at least four registered nurses and at least 607
one licensed practical nurse shall at all times constitute a 608
quorum. 609
Each member of the board shall receive an amount fixed 611
pursuant to division (J) of section 124.15 of the Revised Code 612
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for each day in attendance at board meetings and in discharge of 613
official duties, and in addition thereto, necessary expense 614
incurred in the performance of such duties. 615
The board shall elect one of its nurse members as president 617
and one as vice-president. 618
The board may establish advisory groups to serve in 620
consultation with the board or the executive director. Each 621
advisory group shall be given a specific charge in writing and 622
shall report to the board. Members of advisory groups shall 623
serve without compensation but shall receive their actual and 624
necessary expenses incurred in the performance of their official 625
duties. 626
Sec. 4723.06. (A) The board of nursing shall: 635
(1) Administer and enforce the provisions of this chapter, 637
including the taking of disciplinary action for violations of 638
section 4723.28 of the Revised Code, any other provisions of this 639
chapter, or rules promulgated under Chapter 119. of the Revised 640
Code; 641
(2) Examine applicants for licensure to practice as a 643
registered nurse or as a licensed practical nurse; 644
(3) Issue and renew NURSING licenses AND DIALYSIS 646
TECHNICIAN CERTIFICATES, as provided in this chapter; 647
(4) Define the minimum curricula and standards for 649
educational programs of the schools of professional nursing and 650
schools of practical nursing in this state; 651
(5) Survey, inspect, and grant full approval to 653
prelicensure nursing education programs that meet the standards 655
established by rules adopted under section 4723.07 of the Revised 656
Code. Prelicensure nursing education programs include, but are 657
not limited to, associate degree, baccalaureate degree, diploma, 658
and doctor of nursing programs leading to initial licensure to 659
practice nursing as a registered nurse and practical nurse 660
programs leading to initial licensure to practice nursing as a 661
licensed practical nurse.
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(6) Grant conditional approval, by a vote of a quorum of 663
the board, to a new prelicensure nursing education program or a 664
program that is being reestablished after having ceased to 666
operate, if the program meets and maintains the minimum standards 668
of the board established by rules adopted under section 4723.07 669
of the Revised Code. If the board does not grant conditional 670
approval, it shall hold a hearing under Chapter 119. of the 671
Revised Code to consider conditional approval of the program. If 672
the board grants conditional approval, at its first meeting after 673
the first class has completed the program, the board shall 674
determine whether to grant full approval to the program. If the 675
board does not grant full approval or if it appears that the 678
program has failed to meet and maintain standards established by 679
rules adopted under section 4723.07 of the Revised Code, the 680
board shall hold a hearing under Chapter 119. of the Revised Code 681
to consider the program. Based on results of the hearing, the 682
board may continue or withdraw conditional approval, or grant 683
full approval.
(7) Place on provisional approval, for a period of time 685
specified by the board, a program that has ceased to meet and 687
maintain the minimum standards of the board established by rules 688
adopted under section 4723.07 of the Revised Code. At the end of 689
the period, the board shall reconsider whether the program meets 690
the standards and shall grant full approval if it does. If it 692
does not, the board may withdraw approval, pursuant to a hearing 693
under Chapter 119. of the Revised Code. 694
(8) Approve continuing nursing education programs and 696
courses under standards established in rules adopted under 697
section 4723.07 of the Revised Code; 698
(9) Approve peer support programs for nurses, under rules 700
adopted under section 4723.07 of the Revised Code, FOR NURSES AND 701
FOR DIALYSIS TECHNICIANS; 702
(10) Establish the alternative program for chemically 704
dependent nurses CHEMICAL DEPENDENCY in accordance with section 706
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4723.35 of the Revised Code;
(11) Establish the practice intervention and improvement 708
program in accordance with section 4723.282 of the Revised Code; 709
(12) Issue and renew certificates of authority to practice 711
nursing as a certified registered nurse anesthetist, clinical 713
nurse specialist, certified nurse-midwife, or certified nurse 714
practitioner;
(13) Approve under section 4723.46 of the Revised Code 717
national certifying organizations for examination and 718
certification of certified registered nurse anesthetists, 719
clinical nurse specialists, certified nurse-midwives, or 720
certified nurse practitioners;
(14) Make an annual report to the governor, which shall be 723
open for public inspection; 724
(15) Maintain and have open for public inspection the 726
following records: 727
(a) A record of all its meetings and proceedings; 729
(b) A file of applicants for and holders of NURSING 731
licenses, registrations, and certificates granted under this 732
chapter AND DIALYSIS TECHNICIAN CERTIFICATES GRANTED UNDER THIS 733
CHAPTER. The file shall be maintained in the form prescribed by 734
rule of the board. 735
(c) A list of prelicensure nursing education programs 737
approved by the board; 738
(d) A list of approved peer support programs for nurses 740
AND DIALYSIS TECHNICIANS. 741
(B) The board may fulfill the requirement of division 743
(A)(8) of this section by authorizing persons who meet the 744
standards established in rules adopted under division (F) of 745
section 4723.07 of the Revised Code to approve continuing nursing 746
education programs and courses. Persons so authorized shall 747
approve continuing nursing education programs and courses in 748
accordance with standards established in rules adopted under 749
division (E) of section 4723.07 of the Revised Code. 750
18
Persons seeking authorization to approve continuing nursing 752
education programs and courses shall apply to the board and pay 753
the appropriate fee established under section 4723.08 of the 754
Revised Code. Authorizations to approve continuing nursing 755
education programs and courses shall expire at the end of the 756
two-year period beginning the date of issuance and may be renewed 757
by the board.
Sec. 4723.07. In accordance with Chapter 119. of the 766
Revised Code, the board of nursing shall adopt and may amend and 767
rescind rules: 768
(A) Providing for its government and control of its 770
actions and business affairs; 771
(B) Establishing minimum curricula and standards for 773
nursing education programs that prepare graduates to take 774
licensing examinations, and establishing procedures for granting, 775
renewing, and withdrawing approval of those programs; 777
(C) Establishing requirements that applicants for 779
licensure must meet to be permitted to take licensing 780
examinations; 781
(D) Governing the administration and conduct of 783
examinations for licensure to practice nursing as a registered 784
nurse or as a licensed practical nurse; 785
(E) Establishing standards for approval of continuing 787
nursing education programs and courses for registered nurses, 788
licensed practical nurses, certified registered nurse 789
anesthetists, clinical nurse specialists, certified 790
nurse-midwives, and certified nurse practitioners. The standards 791
may provide for approval of continuing nursing education programs 792
and courses that have been approved by other state boards of 793
nursing or by national accreditation systems for nursing, 794
including, but not limited to, the American nurses' credentialing 795
center and the national association for practical nurse education 796
and service.
(F) Establishing standards that persons must meet to be 798
19
authorized by the board to approve continuing nursing education 799
programs and courses and a schedule to have that authorization 800
renewed;
(G) Establishing requirements, including continuing 802
education requirements, for restoring inactive NURSING licenses 804
AND DIALYSIS TECHNICIAN CERTIFICATES ISSUED UNDER THIS CHAPTER 805
and NURSING licenses AND DIALYSIS TECHNICIAN CERTIFICATES that 806
have lapsed through failure to renew; 807
(H) ESTABLISHING REQUIREMENTS FOR ISSUING ENDORSEMENTS OF 809
NURSING LICENSES AND DIALYSIS TECHNICIAN CERTIFICATES ISSUED BY 810
ANOTHER STATE;
(I) Governing conditions that may be imposed for 812
reinstatement OF A NURSING LICENSE OR DIALYSIS TECHNICIAN 813
CERTIFICATE ISSUED UNDER THIS CHAPTER following action taken 815
under sections 2301.373, 4723.28, and 4723.281 of the Revised 816
Code resulting in a suspension from practice; 818
(I)(J) Establishing standards for approval of peer support 820
programs for nurses PERSONS WHO HOLD A NURSING LICENSE OR 821
DIALYSIS TECHNICIAN CERTIFICATE ISSUED UNDER THIS CHAPTER; 823
(J)(K) Establishing requirements for board approval of 826
courses in medication administration by licensed practical 827
nurses;
(K)(L) Establishing criteria for specialty certification 829
of registered nurses; 830
(L)(M) Establishing criteria for evaluating the 832
qualifications of an applicant who is applying for a license by 835
endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under 836
division (E) of section 4723.41 of the Revised Code; 837
(M)(N) Establishing universal blood and body fluid 839
precautions that shall be used by each person licensed HOLDING A 840
NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under 841
this chapter who performs exposure-prone invasive procedures. 842
The rules shall define and establish requirements for universal 843
20
blood and body fluid precautions that include the following: 844
(1) Appropriate use of hand washing; 846
(2) Disinfection and sterilization of equipment; 848
(3) Handling and disposal of needles and other sharp 850
instruments; 851
(4) Wearing and disposal of gloves and other protective 853
garments and devices. 854
(N)(O) Establishing standards and procedures for approving 857
certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, 858
certified nurse-midwife, or certified nurse practitioner, and for 859
renewal of those certificates; 860
(O)(P) Establishing quality assurance standards for 863
certified registered nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, or certified nurse 864
practitioners;
(P)(Q) Establishing additional criteria for the standard 867
care arrangement required by section 4723.431 of the Revised Code 868
entered into by a clinical nurse specialist, certified 869
nurse-midwife, or certified nurse practitioner and the nurse's 870
collaborating physician or podiatrist; 871
(Q)(R) Establishing continuing education standards for 874
clinical nurse specialists who are exempt under division (C) of 875
section 4723.41 of the Revised Code from the requirement of 877
having passed a certification examination.
Subject to Chapter 119. of the Revised Code, the board may 879
adopt other rules necessary to carry out the provisions of this 880
chapter. 881
Sec. 4723.08. (A) The board of nursing may impose fees 890
not to exceed the following limits: 891
(1) For application for licensure by examination to 893
practice nursing as a registered nurse or as a licensed practical 894
nurse, fifty dollars; 895
(2) For application for licensure by endorsement to 897
21
practice nursing as a registered nurse or as a licensed practical 898
nurse, fifty dollars; 899
(3) For application for a certificate of authority to 901
practice nursing as a certified registered nurse anesthetist, 902
clinical nurse specialist, certified nurse-midwife, or certified 904
nurse practitioner, one hundred dollars; 905
(4) FOR APPLICATION FOR A TEMPORARY DIALYSIS TECHNICIAN 907
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 908
4723.79 OF THE REVISED CODE;
(5) FOR APPLICATION FOR A FULL DIALYSIS TECHNICIAN 910
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 911
4723.79 OF THE REVISED CODE;
(6) For verification of a NURSING license or, certificate 914
OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE to another
jurisdiction, fifteen dollars; 916
(5)(7) For providing a replacement copy of a NURSING 918
license or, certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN 920
CERTIFICATE, fifteen dollars; 921
(6)(8) For biennial renewal of any A NURSING license, 924
thirty-five dollars;
(7)(9) For biennial renewal of a certificate of authority 926
to practice nursing as a certified registered nurse anesthetist, 928
clinical nurse specialist, certified nurse-midwife, or certified 930
nurse practitioner, one hundred dollars;
(8)(10) FOR BIENNIAL RENEWAL OF A DIALYSIS TECHNICIAN 932
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 934
4723.79 OF THE REVISED CODE; 935
(11) For processing a late application for renewal of any 937
A NURSING license or, certificate OF AUTHORITY, OR DIALYSIS 939
TECHNICIAN CERTIFICATE, fifty dollars; 940
(9)(12) For application for authorization to approve 942
continuing nursing education programs and courses from an 943
applicant accredited by a national accreditation system for 944
nursing, five hundred dollars; 945
22
(10)(13) For application for authorization to approve 947
continuing nursing education programs and courses from an 948
applicant not accredited by a national accreditation system for 949
nursing, one thousand dollars; 950
(11)(14) For each year for which authorization to approve 953
continuing nursing education programs and courses is renewed, one 956
hundred fifty dollars;
(12)(15) FOR APPLICATION FOR APPROVAL TO OPERATE A 958
DIALYSIS TRAINING PROGRAM, THE AMOUNT SPECIFIED IN RULES ADOPTED 959
UNDER SECTION 4723.79 OF THE REVISED CODE; 960
(16) For written verification of a NURSING license or, 963
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE, 964
other than verification to another jurisdiction, five dollars. 965
The board may contract for services pertaining to this 966
verification process and the collection of the fee, and may 967
permit the contractor to retain a portion of the fees as 968
compensation, before any amounts are deposited into the state 969
treasury. 970
(B) Each quarter, the board of nursing shall certify to 972
the director of budget and management the number of biennial 973
licenses renewed under this chapter during the preceding quarter 974
and the amount equal to that number times five dollars. 975
Sec. 4723.271. The board of nursing shall provide a 984
replacement copy of a NURSING license or, certificate OF 985
AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE issued under this 986
chapter upon request of the holder accompanied by proper 988
identification as prescribed in rules adopted by the board and 989
payment of the fee authorized under section 4723.08 of the
Revised Code. 990
Upon request of the holder of a NURSING license, 992
CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE 993
issued under this chapter and payment of the fee authorized under 995
section 4723.08 of the Revised Code, the board shall verify to an 996
agency of another jurisdiction or foreign country the fact that 997
23
the person holds such NURSING license, CERTIFICATE OF AUTHORITY, 998
OR DIALYSIS TECHNICIAN CERTIFICATE.
Sec. 4723.28. As used in this section, "dangerous drug" 1,007
and "prescription" have the same meanings as in section 4729.01 1,009
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 1,011
conducted under Chapter 119. of the Revised Code and by a vote of 1,012
a quorum, may revoke or may refuse to grant a NURSING license or, 1,014
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE to a 1,016
person found by the board to have committed fraud in passing the 1,017
AN examination REQUIRED TO OBTAIN THE LICENSE, CERTIFICATE OF 1,018
AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE or to have 1,019
committed fraud, misrepresentation, or deception in applying for 1,021
or securing any NURSING license or, certificate OF AUTHORITY, OR 1,022
DIALYSIS TECHNICIAN CERTIFICATE issued by the board. 1,025
(B) The board of nursing, pursuant to an adjudication 1,027
conducted under Chapter 119. of the Revised Code and by a vote of 1,028
a quorum, may impose one or more of the following sanctions: 1,029
deny, revoke permanently, suspend, or place restrictions on any 1,030
NURSING license or, certificate OF AUTHORITY, OR DIALYSIS 1,032
TECHNICIAN CERTIFICATE issued by the board; reprimand or 1,034
otherwise discipline a holder of a NURSING license or, 1,036
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE; or 1,037
impose a fine of not more than five hundred dollars per 1,039
violation. The sanctions may be imposed for any of the
following: 1,040
(1) Denial, revocation, suspension, or restriction of a 1,042
license to practice nursing, for any reason other than a failure 1,043
to renew, in another state or jurisdiction; or denial, 1,044
revocation, suspension, or restriction of a license AUTHORITY to 1,045
practice a health care occupation other than, INCLUDING nursing 1,048
OR PRACTICE AS A DIALYSIS TECHNICIAN, for any reason other than a 1,049
failure to renew, in Ohio or another state or jurisdiction; 1,050
(2) Engaging in the practice of nursing OR ENGAGING IN 1,052
24
PRACTICE AS A DIALYSIS TECHNICIAN, having failed to renew a 1,054
NURSING license OR DIALYSIS TECHNICIAN CERTIFICATE issued under 1,055
this chapter, or while a NURSING license OR DIALYSIS TECHNICIAN 1,056
CERTIFICATE is under suspension; 1,057
(3) Conviction of, a plea of guilty to, or a judicial 1,059
finding of guilt of a misdemeanor committed in the course of 1,060
practice; 1,061
(4) Conviction of, a plea of guilty to, or a judicial 1,063
finding of guilt of any felony or of any crime involving gross 1,064
immorality or moral turpitude; 1,065
(5) Selling, giving away, or administering drugs for other 1,067
than legal and legitimate therapeutic purposes; or conviction of, 1,068
a plea of guilty to, or a judicial finding of guilt of violating 1,069
any municipal, state, county, or federal drug law; 1,070
(6) Conviction of, a plea of guilty to, or a judicial 1,072
finding of guilt of an act in another jurisdiction that would 1,073
constitute a felony or a crime of moral turpitude in Ohio; 1,074
(7) Conviction of, a plea of guilty to, or a judicial 1,076
finding of guilt of an act in the course of practice in another 1,077
jurisdiction that would constitute a misdemeanor in Ohio; 1,078
(8) Self-administering or otherwise taking into the body 1,080
any dangerous drug in any way not in accordance with a legal, 1,081
valid prescription; 1,082
(9) Habitual indulgence in the use of controlled 1,084
substances, other habit-forming drugs, or alcohol or other 1,085
chemical substances to an extent that impairs ability to 1,086
practice; 1,087
(10) Impairment of the ability to practice according to 1,089
acceptable and prevailing standards of safe nursing care because 1,090
of habitual or excessive use of drugs, alcohol, or other chemical 1,093
substances that impair the ability to practice; 1,094
(11) Impairment of the ability to practice according to 1,096
acceptable and prevailing standards of safe nursing care because 1,097
of a physical or mental disability; 1,098
25
(12) Assaulting or causing harm to a patient or depriving 1,100
a patient of the means to summon assistance; 1,101
(13) Obtaining or attempting to obtain money or anything 1,103
of value by intentional misrepresentation or material deception 1,104
in the course of practice; 1,105
(14) Adjudication by a probate court that the license 1,107
applicant or license holder is OF BEING mentally ill or mentally 1,108
incompetent. The board may restore the PERSON'S NURSING license 1,109
OR DIALYSIS TECHNICIAN CERTIFICATE upon adjudication by a probate 1,111
court of the person's restoration to competency or upon 1,112
submission to the board of other proof of competency.
(15) The suspension or termination of employment by the 1,114
department of defense or the veterans administration of the 1,115
United States for any act that violates or would violate this 1,116
chapter; 1,117
(16) Violation of this chapter or any rules adopted under 1,119
it; 1,120
(17) Violation of any restrictions placed on a NURSING 1,122
license OR DIALYSIS TECHNICIAN CERTIFICATE by the board; 1,124
(18) Failure to use universal blood and body fluid 1,126
precautions established by rules adopted under section 4723.07 of 1,127
the Revised Code; 1,128
(19) Failure to practice in accordance with acceptable and 1,131
prevailing standards of safe nursing care OR SAFE DIALYSIS CARE; 1,132
(20) In the case of a registered nurse, engaging in 1,134
activities that exceed the practice of nursing as a registered 1,135
nurse under section 4723.02 of the Revised Code; 1,136
(21) In the case of a licensed practical nurse, engaging 1,138
in activities that exceed the practice of nursing as a licensed 1,139
practical nurse under section 4723.02 of the Revised Code; 1,140
(22) IN THE CASE OF A DIALYSIS TECHNICIAN, ENGAGING IN 1,142
ACTIVITIES THAT EXCEED THOSE PERMITTED UNDER SECTION 4723.72 OF 1,143
THE REVISED CODE;
(23) Aiding and abetting A PERSON in the unlicensed THAT 1,146
26
PERSON'S practice of nursing WITHOUT A LICENSE OR PRACTICE AS A 1,147
DIALYSIS TECHNICIAN WITHOUT A CERTIFICATE ISSUED UNDER THIS 1,148
CHAPTER;
(23)(24) In the case of a certified registered nurse 1,150
anesthetist, clinical nurse specialist, certified nurse-midwife, 1,153
or certified nurse practitioner, or a registered nurse approved 1,154
as an advanced practice nurse under section 4723.55 of the 1,155
Revised Code, either of the following: 1,156
(a) Waiving the payment of all or any part of a deductible 1,158
or copayment that a patient, pursuant to a health insurance or 1,159
health care policy, contract, or plan that covers such nursing 1,160
services, would otherwise be required to pay if the waiver is 1,161
used as an enticement to a patient or group of patients to 1,162
receive health care services from that provider; 1,163
(b) Advertising that the nurse will waive the payment of 1,165
all or any part of a deductible or copayment that a patient, 1,166
pursuant to a health insurance or health care policy, contract, 1,167
or plan that covers such nursing services, would otherwise be 1,168
required to pay. 1,169
(24)(25) Failure to comply with the terms and conditions 1,171
of participation in the alternative program for chemically 1,173
dependent nurses CHEMICAL DEPENDENCY created by section 4723.35 1,175
of the Revised Code;
(25)(26) Failure to comply with the terms and conditions 1,177
required under the practice intervention and improvement program 1,179
established under section 4723.282 of the Revised Code; 1,180
(26)(27) In the case of a certified registered nurse 1,182
anesthetist, clinical nurse specialist, certified nurse-midwife, 1,185
or certified nurse practitioner: 1,186
(a) Engaging in activities that exceed those permitted for 1,189
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 1,190
(b) Failure to meet the quality assurance standards 1,192
established under section 4723.07 of the Revised Code. 1,194
27
(27)(28) In the case of a clinical nurse specialist, 1,196
certified nurse-midwife, or certified nurse practitioner, failure 1,198
to maintain a standard care arrangement in accordance with 1,199
section 4723.431 of the Revised Code or to practice in accordance 1,200
with the standard care arrangement; 1,201
(29) REGARDLESS OF WHETHER THE CONTACT OR VERBAL BEHAVIOR 1,203
IS CONSENSUAL, ENGAGING WITH A PATIENT OTHER THAN THE SPOUSE OF 1,204
THE REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,205
TECHNICIAN IN ANY OF THE FOLLOWING: 1,206
(a) SEXUAL CONTACT, AS DEFINED IN SECTION 2907.01 OF THE 1,208
REVISED CODE;
(b) VERBAL BEHAVIOR THAT IS SEXUALLY DEMEANING TO THE 1,210
PATIENT OR MAY BE REASONABLY INTERPRETED BY THE PATIENT AS 1,211
SEXUALLY DEMEANING.
(C) If a criminal action is brought against a license 1,213
holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,214
TECHNICIAN for an act or crime described in divisions (B)(3) to 1,216
(7) of this section and the action is dismissed by the trial 1,217
court other than on the merits, the board shall hold an 1,218
adjudication hearing to determine whether the license holder 1,219
REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,220
TECHNICIAN committed the act on which the action was based. If 1,222
the board determines on the basis of the hearing that the license 1,223
holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,224
TECHNICIAN committed the act, or if the license holder REGISTERED 1,225
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN fails to 1,226
participate in the hearing, the board may take action as though 1,227
the license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,228
DIALYSIS TECHNICIAN had been convicted of the act. 1,229
If the board takes action on the basis of a conviction, 1,231
plea of guilty, or a judicial determination of guilt as described 1,232
in divisions (B)(3) to (7) of this section that is overturned on 1,233
appeal, the license holder REGISTERED NURSE, LICENSED PRACTICAL 1,234
NURSE, OR DIALYSIS TECHNICIAN may, on exhaustion of the appeal 1,235
28
process, petition the board for reconsideration of its action. 1,236
On receipt of the petition and supporting court documents, the 1,237
board shall temporarily rescind its action. If the board 1,238
determines that the decision on appeal was a decision on the 1,239
merits, it shall permanently rescind its action. If the board 1,240
determines that the decision on appeal was not a decision on the 1,241
merits, it shall hold an adjudicatory hearing to determine 1,242
whether the license holder REGISTERED NURSE, LICENSED PRACTICAL 1,243
NURSE, OR DIALYSIS TECHNICIAN committed the act on which the 1,244
original conviction, plea, or judicial determination was based. 1,245
If the board determines on the basis of the hearing that the 1,246
license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,247
DIALYSIS TECHNICIAN committed such act, or if the license holder 1,248
REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,249
TECHNICIAN does not request a hearing, the board shall reinstate 1,250
its action; otherwise, the board shall permanently rescind its 1,251
action.
Notwithstanding the provision of division (C)(2) of section 1,253
2953.32 of the Revised Code specifying that if records pertaining 1,254
to a criminal case are sealed under that section the proceedings 1,255
in the case shall be deemed not to have occurred, sealing of the 1,256
records of a conviction on which the board has based an action 1,257
under this section shall have no effect on the board's action or 1,258
any sanction imposed by the board under this section. 1,259
(D) In enforcing division (B) of this section, the board 1,261
may compel any individual licensed by this chapter REGISTERED 1,262
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN or who 1,263
has applied for licensure APPLICANT UNDER THIS CHAPTER to submit 1,264
to a mental or physical examination, or both, as required by the 1,266
board and at the expense of the individual. Failure of any 1,267
individual to submit to a mental or physical examination when 1,268
directed constitutes an admission of the allegations, unless the 1,269
failure is due to circumstances beyond the individual's control, 1,270
and a default and final order may be entered without the taking 1,271
29
of testimony or presentation of evidence. If the board finds 1,272
that an individual is impaired, the board shall require the 1,273
individual to submit to care, counseling, or treatment approved 1,274
or designated by the board, as a condition for initial, 1,275
continued, reinstated, or renewed licensure AUTHORITY to 1,276
practice. The individual shall be afforded an opportunity to 1,278
demonstrate to the board that the individual can resume the 1,280
individual's occupation in compliance with acceptable and
prevailing standards under the provisions of the individual's 1,282
license AUTHORITY TO PRACTICE. For the purpose of this section, 1,285
any individual who is licensed by this chapter REGISTERED NURSE, 1,286
LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN or makes 1,287
application for licensure APPLICANT UNDER THIS CHAPTER shall be 1,288
deemed to have given consent to submit to a mental or physical 1,289
examination when directed to do so in writing by the board, and 1,290
to have waived all objections to the admissibility of testimony 1,291
or examination reports that constitute a privileged 1,292
communication.
(E) The board shall investigate evidence that appears to 1,294
show that any person has violated any provision of this chapter 1,295
or any rule of the board. Any person may report to the board any 1,296
information the person may have that appears to show a violation 1,297
of any provision of this chapter or rule of the board. In the 1,298
absence of bad faith, any person who reports such information or 1,299
who testifies before the board in any adjudication conducted 1,301
under Chapter 119. of the Revised Code shall not be liable for 1,302
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 1,304
investigation is confidential and not subject to discovery in any 1,305
civil action, except that the board may disclose information to 1,306
law enforcement officers and government entities investigating a 1,307
person licensed by the board REGISTERED NURSE, LICENSED PRACTICAL 1,309
NURSE, OR DIALYSIS TECHNICIAN. No law enforcement officer or 1,310
government entity with knowledge of any information disclosed by 1,311
30
the board pursuant to this division shall divulge the information 1,312
to any other person or government entity except for the purpose 1,313
of an adjudication by a court or licensing or registration board 1,314
or officer to which the person to whom the information relates is
a party. 1,315
If the investigation requires a review of patient records, 1,317
the investigation and proceeding shall be conducted in such a 1,318
manner as to protect patient confidentiality. 1,319
All hearings and investigations of the board shall be 1,321
considered civil actions for the purposes of section 2305.251 of 1,322
the Revised Code. 1,323
The hearings of the board shall be conducted in accordance 1,325
with Chapter 119. of the Revised Code. The board may appoint a 1,326
hearing examiner as provided in section 119.09 to conduct any 1,327
hearing the board is empowered to hold under Chapter 119. of the 1,328
Revised Code. 1,329
In the absence of fraud or bad faith, neither the board nor 1,331
any current or former members, agents, representatives, or 1,332
employees of the board shall be held liable in damages to any 1,333
person as the result of any act, omission, proceeding, conduct, 1,334
or decision related to their official duties undertaken or 1,335
performed pursuant to this chapter. If a current or former 1,336
member, agent, representative, or employee requests the state to 1,337
defend the individual against any claim or action arising out of 1,338
any act, omission, proceeding, conduct, or decision related to 1,340
the individual's official duties, if the request is made in 1,342
writing at a reasonable time before trial, and if the individual 1,343
requesting defense cooperates in good faith in the defense of the 1,344
claim or action, the state shall provide and pay for such defense 1,345
and shall pay any resulting judgment, compromise, or settlement. 1,346
At no time shall the state pay that part of a claim or judgment 1,347
that is for punitive or exemplary damages. 1,348
(F) Any action taken by the board under this section 1,350
resulting in a suspension from practice shall be accompanied by a 1,351
31
written statement of the conditions under which the person may be 1,352
reinstated to practice. 1,353
(G) No unilateral surrender of a NURSING license, 1,355
CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE 1,356
issued under this chapter shall be effective unless accepted by 1,358
majority vote of the board. No application for a NURSING 1,359
license, CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN 1,360
CERTIFICATE issued under this chapter may be withdrawn without a 1,361
majority vote of the board.
(H) Notwithstanding division (B)(23)(24) of this section, 1,363
sanctions shall not be imposed against any licensee who waives 1,364
deductibles and copayments: 1,365
(1) In compliance with the health benefit plan that 1,367
expressly allows such a practice. Waiver of the deductibles or 1,368
copayments shall be made only with the full knowledge and consent 1,369
of the plan purchaser, payer, and third-party administrator. The 1,370
consent shall be made available to the board upon request. 1,371
(2) For professional services rendered to any other person 1,373
licensed pursuant to this chapter to the extent allowed by this 1,374
chapter and the rules of the board. 1,375
Sec. 4723.281. (A) As used in this section, with regard 1,384
to offenses committed in Ohio, "aggravated murder," "murder," 1,385
"voluntary manslaughter," "felonious assault," "kidnapping," 1,386
"rape," "sexual battery," "aggravated arson," and "aggravated 1,387
burglary" mean such offenses as defined in Title XXIX of the 1,388
Revised Code; with regard to offenses committed in other 1,389
jurisdictions, the terms mean offenses comparable to offenses 1,390
defined in Title XXIX of the Revised Code. 1,391
(B) The board of nursing may impose a summary suspension 1,393
without a hearing on a person licensed WHO HOLDS A NURSING 1,394
LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under this 1,396
chapter if it determines that there is evidence that the license 1,397
OR CERTIFICATE holder is subject to actions under division (B) of 1,399
section 4723.28 of the Revised Code and that there is clear and 1,400
32
convincing evidence that continued practice by the license OR 1,401
CERTIFICATE holder presents a danger of immediate and serious 1,403
harm to the public. The president and the executive director of 1,404
the board shall make a preliminary determination and describe the 1,405
evidence on which they made their determination to the other 1,406
members of the board. The board may by resolution designate 1,407
another board member to act in place of the president of the 1,408
board and another employee to act in the place of the executive 1,409
director, in the event that the board president or executive 1,410
director is unavailable or unable to act. On consideration of the 1,411
evidence, the board may by an affirmative vote of seven members, 1,412
not including the president of the board or the person named to 1,413
act in place of the president, impose the summary suspension. 1,414
The description of the evidence and information may be given and 1,415
the vote taken by telephone conference call. 1,416
Immediately following the decision to impose a summary 1,418
suspension under this division, the board shall issue a written 1,419
order of suspension and cause it to be delivered by certified 1,420
mail or in person in accordance with section 119.07 of the 1,421
Revised Code. The order shall not be subject to suspension by 1,422
the court during the pendency of any appeal filed under section 1,423
119.12 of the Revised Code. If the license OR CERTIFICATE holder 1,424
requests an adjudication hearing, the date set for the hearing 1,426
shall be within fifteen days but not earlier than seven days 1,427
after the license OR CERTIFICATE holder has requested a hearing, 1,428
unless another date is agreed to by both the license OR 1,430
CERTIFICATE holder and the board. The summary suspension shall 1,432
remain in effect, unless reversed by the board, until a final 1,433
adjudication order issued by the board pursuant to this section 1,434
and Chapter 119. of the Revised Code becomes effective. 1,435
The board shall issue its final adjudication order within 1,437
ninety days after completion of the hearing. If the board does 1,438
not issue such order within the ninety-day period, the summary 1,439
suspension shall be void, but any final adjudication order issued 1,440
33
subsequent to the ninety-day period shall not be affected. 1,441
(C) The license OR CERTIFICATE of a person licensed under 1,444
this chapter REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR
DIALYSIS TECHNICIAN is automatically suspended on that person's 1,446
conviction, plea of guilty, or judicial determination of guilt of 1,447
any of the following in Ohio or any other jurisdiction of the 1,448
United States: aggravated murder, murder, voluntary manslaughter, 1,449
felonious assault, kidnapping, rape, sexual battery, aggravated 1,450
arson, or aggravated burglary. The suspension shall remain in 1,451
effect from the date of the conviction, plea, or finding until an 1,452
adjudicatory hearing is held under Chapter 119. of the Revised 1,453
Code. If the board has knowledge that an automatic suspension 1,454
has occurred, it shall notify the license holder REGISTERED 1,455
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN. If the 1,457
license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,458
DIALYSIS TECHNICIAN is notified and either fails to request an 1,459
adjudicatory hearing within the time periods established by 1,461
Chapter 119. of the Revised Code or fails to participate in the 1,462
hearing, the board may enter a final order revoking the PERSON'S 1,463
license OR CERTIFICATE. 1,464
Sec. 4723.282. (A) As used in this section, "practice 1,474
deficiency" means any activity that does not meet acceptable and 1,475
prevailing standards of safe and effective nursing care OR 1,476
DIALYSIS CARE.
(B) The board of nursing may abstain from taking 1,478
disciplinary action under section 4723.28 of the Revised Code 1,480
against the holder of a license or certificate issued under this 1,481
chapter who has a practice deficiency that has been identified by 1,482
the board through an investigation conducted under section 1,483
4723.28 of the Revised Code. The board may abstain from taking 1,484
action only if the board has reason to believe that the 1,485
individual's practice deficiency can be corrected through 1,486
remediation, and if the individual enters into an agreement with 1,487
the board to seek remediation as prescribed by the board, 1,488
34
complies with the terms and conditions of the remediation, and 1,489
successfully completes the remediation. If an individual fails 1,490
to complete the remediation or the board determines that 1,491
remediation cannot correct the individual's practice deficiency, 1,492
the board shall proceed with disciplinary action in accordance 1,493
with section 4723.28 of the Revised Code. 1,494
(C) To implement its authority under this section to 1,496
abstain from taking disciplinary action, the board shall 1,497
establish a practice intervention and improvement program. The 1,498
board shall designate an administrator to operate the program 1,499
and, in accordance with Chapter 119. of the Revised Code, adopt 1,501
rules for the program that establish the following: 1,502
(1) Criteria for use in identifying an individual's 1,504
practice deficiency; 1,505
(2) Requirements that an individual must meet to be 1,507
eligible for remediation and the board's abstention from 1,508
disciplinary action; 1,509
(3) Standards and procedures for prescribing remediation 1,511
that is appropriate for an individual's identified practice 1,512
deficiency; 1,513
(4) Terms and conditions that an individual must meet to 1,515
be successful in completing the remediation prescribed; 1,516
(5) Procedures for the board's monitoring of the 1,518
individual's remediation; 1,519
(6) Procedures for maintaining confidential records 1,521
regarding individuals who participate in remediation; 1,522
(7) Any other requirements or procedures necessary to 1,524
develop and administer the program. 1,525
(D) All records held by the board for purposes of the 1,527
program shall be confidential, are not public records for 1,528
purposes of section 149.43 of the Revised Code, and are not 1,530
subject to discovery by subpoena or admissible as evidence in any 1,531
judicial proceeding. The administrator of the program shall 1,532
maintain all records in the board's office in accordance with the 1,533
35
board's record retention schedule.
(E) When an individual begins the remediation prescribed 1,536
by the board, the individual shall sign a waiver permitting any 1,537
entity that provides services related to the remediation to 1,538
release to the board information regarding the individual's 1,539
progress. An entity that provides services related to 1,540
remediation shall report to the board if the individual fails to 1,541
complete the remediation.
In the absence of fraud or bad faith, an entity that 1,543
reports to the board regarding an individual's practice 1,544
deficiency, or progress or lack of progress in remediation, is 1,545
not liable in damages to any person as a result of making the 1,546
report.
(F) An individual participating in remediation prescribed 1,549
under this section is responsible for all financial obligations 1,550
that may arise from obtaining or completing the remediation. 1,551
Sec. 4723.34. (A) Every employer of registered nurses or, 1,560
licensed practical nurses, OR DIALYSIS TECHNICIANS shall report 1,561
to the board of nursing the name of any person licensed WHO HOLDS 1,563
A NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under 1,565
this chapter whose employment has been terminated voluntarily or 1,566
involuntarily because of conduct that would be grounds for 1,567
disciplinary action by the board under division (B) of section 1,568
4723.28 of the Revised Code. 1,569
(B) Nursing associations shall report to the board the 1,571
name of any registered nurse or licensed practical nurse who has 1,572
been investigated and found to constitute a danger to the public 1,573
health, safety, and welfare because of conduct that would be 1,574
grounds for disciplinary action by the board under section 1,575
4723.28 of the Revised Code, except that a nursing association is 1,576
not required to report the name of such a nurse if the nurse is 1,577
maintaining satisfactory participation in a peer support program 1,578
approved by the board under rules adopted under section 4723.07 1,579
of the Revised Code. 1,580
36
(C) If the prosecutor in a case described in divisions 1,582
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a 1,583
case where the trial court issued an order of dismissal upon 1,584
technical or procedural grounds of a charge of a misdemeanor 1,585
committed in the course of practice, a felony charge, or a charge 1,586
of gross immorality or moral turpitude, knows or has reason to 1,587
believe that the person charged is licensed under this chapter to 1,588
practice nursing as a registered nurse or as a licensed practical 1,589
nurse OR HOLDS A CERTIFICATE ISSUED UNDER THIS CHAPTER TO 1,591
PRACTICE AS A DIALYSIS TECHNICIAN, the prosecutor shall notify
the board of nursing on forms prescribed and provided by the 1,593
board. The report shall include the name and address of the 1,594
license OR CERTIFICATE holder, the charge, and the certified 1,596
court documents recording the action.
(D) If any person fails to provide a report required by 1,598
this section, the board may seek an order from a court of 1,599
competent jurisdiction compelling submission of the report. 1,600
Sec. 4723.341. As used in this section, "person" has the 1,609
same meaning as in section 1.59 of the Revised Code and also 1,610
includes the board of nursing and its members and employees; 1,611
health care facilities, associations, and societies; insurers; 1,612
and individuals. 1,613
In the absence of fraud or bad faith, no person reporting 1,615
to the board of nursing or testifying in an adjudication hearing 1,616
conducted under Chapter 119. of the Revised Code with regard to 1,617
alleged incidents of negligence or malpractice, matters subject 1,618
to section 2301.373 or 4723.28 of the Revised Code, violations of 1,619
section 4723.34 of the Revised Code, or the qualifications, 1,620
fitness, or character of a person licensed or applying for a 1,621
license to practice nursing as a registered nurse or licensed 1,622
practical nurse, OR HOLDING OR APPLYING FOR A CERTIFICATE TO 1,623
PRACTICE AS A DIALYSIS TECHNICIAN, shall be subject to any civil 1,624
action or liable for damages as a result of making the report or 1,626
testifying.
37
In the absence of fraud or bad faith, no professional 1,628
association of individuals who are licensed under this chapter 1,629
REGISTERED NURSES OR LICENSED PRACTICAL NURSES that sponsors a 1,631
committee or program to provide peer assistance to nurses with 1,632
substance abuse problems, no representative or agent of such a 1,633
committee or program, and no member of the board of nursing shall 1,634
be liable to any person for damages in a civil action by reason 1,635
of actions taken to refer a nurse to a treatment provider 1,636
designated by the board or actions or omissions of the provider 1,637
in treating a nurse.
Sec. 4723.35. (A) As used in this section, "chemical 1,646
dependency" means either of the following: 1,647
(1) The chronic and habitual use of alcoholic beverages to 1,649
the extent that the user no longer can control the use of alcohol 1,650
or endangers the user's health, safety, or welfare or that of 1,651
others;
(2) The use of a drug of abuse, as defined in section 1,653
3719.011 of the Revised Code, to the extent that the user becomes 1,654
physically or psychologically dependent on the drug or endangers 1,655
the user's health, safety, or welfare or that of others. 1,656
(B) The board of nursing shall establish a chemical 1,658
dependency treatment MONITORING program, which shall be called 1,659
the alternative program for chemically dependent nurses CHEMICAL 1,662
DEPENDENCY. The progarm PROGRAM shall be available to registered 1,663
nurses and licensed practical nurses PERSONS who HOLD A NURSING 1,664
LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED UNDER THIS 1,665
CHAPTER, have a chemical dependency, and meet eligibility 1,667
requirements. The board shall develop the program and designate 1,668
an administrator to operate it, and shall adopt rules in 1,669
accordance with Chapter 119. of the Revised Code that establish 1,670
the following:
(1) Eligibility requirements for participation; 1,672
(2) Terms and conditions a nurse PARTICIPANT must meet to 1,674
successfully complete the program; 1,676
38
(3) Procedures for keeping confidential records regarding 1,678
participants;
(4) Any other requirements or procedures necessary to 1,680
establish and administer the program. 1,681
(C) A registered nurse or licensed practical nurse PERSON 1,683
WHO HOLDS A NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE 1,684
ISSUED UNDER THIS CHAPTER may voluntarily seek treatment for any 1,686
chemical dependency that may be grounds for disciplinary action 1,688
by the board under division (B) of section 4723.28 of the Revised
Code. The board of nursing may abstain from taking disciplinary 1,691
action against a nurse PERSON who voluntarily seeks treatment if 1,692
it finds that the nurse PERSON can be treated effectively and 1,694
that there is no impairment of ability to practice according to 1,695
acceptable and prevailing standards of safe nursing OR DIALYSIS 1,696
care. The board may require, as a condition of its abstention, 1,698
that the nurse PERSON participate in the alternative program for 1,700
chemically dependent nurses CHEMICAL DEPENDENCY, comply with the 1,701
terms and conditions of the program, and successfully complete 1,703
it.
(D) A nurse PERSON who voluntarily participates in the 1,705
alternative program for chemically dependent nurses CHEMICAL 1,707
DEPENDENCY without being referred by the board and complies with 1,709
the terms and conditions of the program and the requirements of 1,710
this section shall not be subject to investigation or
disciplinary action by the board for chemical dependency. The 1,711
nurse PERSON shall report to the board any failure to comply with 1,713
the terms and conditions of the program or successfully complete 1,714
it.
(E) Except as provided in division (F) of this section, 1,716
all records, including medical records, chemical dependency 1,718
records, and mental health records, of a participant in the 1,719
program shall be confidential, are not public records for the 1,720
purposes of section 149.43 of the Revised Code, and are not
subject to discovery by subpoena or admissible as evidence in any 1,722
39
judicial proceeding. The administrator of the program shall 1,723
maintain all records in the board's office for a period of five 1,724
years.
(F) On commencement of participation in the program, a 1,727
registered nurse or licensed practical nurse PERSON shall sign a 1,728
waiver permitting the program administrator to release to the 1,729
board the nurse's PERSON'S records if the nurse PERSON fails to 1,731
comply with the terms and conditions of the program, does not 1,732
successfully complete the program, or is unable to practice 1,734
according to acceptable and prevailing standards of safe nursing 1,736
care OR DIALYSIS CARE due to chemical dependency. The 1,738
administrator shall report to the board any such nurse PERSON and 1,739
release the nurse's PERSON'S records to it. The board shall then 1,741
investigate in accordance with division (E) of section 4723.28 of 1,742
the Revised Code.
(G) In the absence of fraud or bad faith, any person 1,744
reporting to the program with regard to a nurse's chemical 1,746
dependence OF A PERSON WHO HOLDS A NURSING LICENSE OR DIALYSIS 1,747
TECHNICIAN CERTIFICATE ISSUED UNDER THIS CHAPTER, or the progress 1,749
or lack of progress of that nurse PERSON with regard to
treatment, shall be immune from any civil action and shall not be 1,751
liable for civil damages as a result of the report. 1,752
Sec. 4723.63. On receipt of a notice pursuant to section 1,761
2301.373 of the Revised Code, the board of nursing shall comply 1,762
with that section with respect to a NURSING license OR DIALYSIS 1,763
TECHNICIAN CERTIFICATE issued pursuant to this chapter. 1,765
Sec. 4723.71. (A) THERE IS HEREBY ESTABLISHED, UNDER THE 1,768
BOARD OF NURSING, THE ADVISORY GROUP ON DIALYSIS. THE ADVISORY 1,769
GROUP SHALL ADVISE THE BOARD OF NURSING REGARDING THE 1,770
QUALIFICATIONS, STANDARDS FOR TRAINING, AND COMPETENCE OF 1,771
DIALYSIS TECHNICIANS AND ALL OTHER MATTERS RELATED TO DIALYSIS 1,772
TECHNICIANS. THE ADVISORY GROUP SHALL CONSIST OF THE MEMBERS 1,774
APPOINTED UNDER DIVISIONS (B) AND (C) OF THIS SECTION. A MEMBER 1,776
OF THE BOARD OF NURSING OR A REPRESENTATIVE APPOINTED BY THE 1,777
40
BOARD SHALL SERVE AS CHAIRPERSON OF ALL MEETINGS OF THE ADVISORY 1,778
GROUP.
(B) THE BOARD OF NURSING SHALL APPOINT THE FOLLOWING AS 1,781
MEMBERS OF THE ADVISORY GROUP: 1,782
(1) FOUR DIALYSIS TECHNICIANS; 1,784
(2) A REGISTERED NURSE WHO REGULARLY PERFORMS DIALYSIS AND 1,787
CARES FOR PATIENTS WHO RECEIVE DIALYSIS;
(3) A PHYSICIAN, RECOMMENDED BY THE STATE MEDICAL BOARD, 1,789
WHO SPECIALIZES IN NEPHROLOGY; 1,790
(4) AN ADMINISTRATOR OF A DIALYSIS CENTER; 1,792
(5) A DIALYSIS PATIENT; 1,794
(6) A REPRESENTATIVE OF THE ASSOCIATION FOR HOSPITALS AND 1,796
HEALTH SYSTEMS (OHA); 1,797
(7) A REPRESENTATIVE FROM THE END-STAGE RENAL DISEASE 1,799
NETWORK, AS DEFINED IN 42 C.F.R. 405.2102. 1,802
(C) THE MEMBERS OF THE ADVISORY GROUP APPOINTED UNDER 1,805
DIVISION (B) OF THIS SECTION MAY RECOMMEND ADDITIONAL PERSONS TO 1,808
SERVE AS MEMBERS OF THE ADVISORY GROUP. THE BOARD OF NURSING MAY
APPOINT, AS APPROPRIATE, ANY OF THE ADDITIONAL PERSONS 1,810
RECOMMENDED.
(D) THE BOARD OF NURSING SHALL SPECIFY THE TERMS FOR THE 1,813
ADVISORY GROUP MEMBERS. MEMBERS SHALL SERVE AT THE DISCRETION OF 1,815
THE BOARD OF NURSING. MEMBERS SHALL RECEIVE THEIR ACTUAL AND 1,816
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL 1,818
DUTIES.
(E) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 1,822
THE ADVISORY GROUP. 1,823
Sec. 4723.72. (A) A DIALYSIS TECHNICIAN MAY ENGAGE IN 1,825
DIALYSIS CARE BY DOING THE FOLLOWING: 1,826
(1) PERFORMING AND MONITORING DIALYSIS PROCEDURES, 1,828
INCLUDING INITIATING, MONITORING, AND DISCONTINUING DIALYSIS; 1,829
(2) DRAWING BLOOD; 1,831
(3) ADMINISTERING ANY OF THE MEDICATIONS SPECIFIED IN 1,833
DIVISION (C) OF THIS SECTION WHEN THE ADMINISTRATION IS ESSENTIAL 1,834
41
TO THE DIALYSIS PROCESS; 1,836
(4) RESPONDING TO COMPLICATIONS THAT ARISE DURING 1,838
DIALYSIS.
(B) A DIALYSIS TECHNICIAN MAY PROVIDE THE DIALYSIS CARE 1,840
SPECIFIED IN DIVISION (A) OF THIS SECTION ONLY IF THE CARE HAS 1,841
BEEN DELEGATED TO THE TECHNICIAN BY A PHYSICIAN OR REGISTERED 1,842
NURSE AND THE TECHNICIAN IS UNDER THE SUPERVISION OF A PHYSICIAN 1,844
OR REGISTERED NURSE. SUPERVISION REQUIRES THAT THE DIALYSIS 1,845
TECHNICIAN BE IN THE IMMEDIATE PRESENCE OF A PHYSICIAN OR 1,846
REGISTERED NURSE, OR, IN THE CASE OF DIALYSIS CARE PROVIDED IN A 1,847
PATIENT'S HOME, THAT THE DIALYSIS TECHNICIAN BE SUPERVISED IN 1,848
ACCORDANCE WITH THE RULES ADOPTED UNDER SECTION 4723.79 OF THE 1,849
REVISED CODE FOR SUPERVISION OF DIALYSIS TECHNICIANS WHO PROVIDE 1,850
DIALYSIS CARE IN A PATIENT'S HOME. DIVISION (E)(5) OF SECTION 1,851
4723.73 OF THE REVISED CODE DOES NOT ALLOW A DIALYSIS TECHNICIAN 1,852
WHO PROVIDES DIALYSIS CARE IN A PATIENT'S HOME TO PROVIDE 1,853
DIALYSIS CARE THAT IS NOT AUTHORIZED UNDER THIS SECTION.
(C) A DIALYSIS TECHNICIAN MAY ADMINISTER MEDICATION ONLY 1,856
AS ORDERED BY A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 1,857
PRESCRIBE DRUGS AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE 1,858
AND IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN RULES ADOPTED 1,859
UNDER SECTION 4723.79 OF THE REVISED CODE. A DIALYSIS TECHNICIAN 1,862
MAY ADMINISTER ONLY THE FOLLOWING MEDICATIONS: 1,863
(1) INTRADERMAL LIDOCAINE OR OTHER SINGLE THERAPEUTICALLY 1,865
EQUIVALENT LOCAL ANESTHETIC FOR THE PURPOSE OF INITIATING 1,866
DIALYSIS TREATMENT;
(2) INTRAVENOUS HEPARIN OR OTHER SINGLE THERAPEUTICALLY 1,868
EQUIVALENT ANTICOAGULANT FOR THE PURPOSE OF INITIATING AND 1,869
MAINTAINING DIALYSIS TREATMENT; 1,870
(3) INTRAVENOUS NORMAL SALINE; 1,872
(4) PATIENT-SPECIFIC DIALYSATE, TO WHICH THE PERSON MAY 1,874
ADD ELECTROLYTES BUT NO OTHER ADDITIVES OR MEDICATIONS. 1,875
Sec. 4723.73. (A) NO PERSON SHALL CLAIM TO THE PUBLIC TO 1,878
BE A DIALYSIS TECHNICIAN UNLESS THE PERSON HOLDS A CURRENT, VALID 1,879
42
CERTIFICATE ISSUED UNDER SECTION 4723.75 OR RENEWED UNDER SECTION 1,881
4723.77 OR A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED UNDER 1,882
SECTION 4723.76 OF THE REVISED CODE. 1,884
(B) NO PERSON SHALL USE THE TITLE "OHIO CERTIFIED DIALYSIS 1,888
TECHNICIAN," THE INITIALS "OCDT," OR ANY OTHER TITLE OR INITIALS 1,891
TO REPRESENT THAT THE PERSON IS AUTHORIZED TO PERFORM DIALYSIS 1,892
CARE AS A FULLY CERTIFIED DIALYSIS TECHNICIAN, UNLESS THE PERSON 1,893
HOLDS A CURRENT, VALID CERTIFICATE ISSUED UNDER SECTION 4723.75 1,894
OR RENEWED UNDER SECTION 4723.77 OF THE REVISED CODE. 1,895
(C) NO PERSON SHALL USE ANY TITLE OR INITIALS TO REPRESENT 1,897
THAT THE PERSON IS AUTHORIZED TO PERFORM DIALYSIS CARE AS A 1,898
TEMPORARILY CERTIFIED DIALYSIS TECHNICIAN, UNLESS THE PERSON 1,899
HOLDS A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED UNDER SECTION 1,900
4723.76 OF THE REVISED CODE. 1,901
(D) NO DIALYSIS TECHNICIAN SHALL ENGAGE IN DIALYSIS CARE 1,903
IN A MANNER THAT IS INCONSISTENT WITH SECTION 4723.72 OF THE 1,905
REVISED CODE. 1,906
(E) NO PERSON OTHER THAN A DIALYSIS TECHNICIAN SHALL 1,908
ENGAGE IN THE DIALYSIS CARE THAT IS AUTHORIZED BY SECTION 4723.72 1,910
OF THE REVISED CODE, UNLESS ONE OF THE FOLLOWING APPLIES: 1,912
(1) THE PERSON IS A REGISTERED NURSE OR LICENSED PRACTICAL 1,914
NURSE. 1,915
(2) THE PERSON IS A PHYSICIAN. 1,917
(3) THE PERSON IS A STUDENT PERFORMING DIALYSIS CARE UNDER 1,919
THE SUPERVISION OF AN INSTRUCTOR AS AN INTEGRAL PART OF A 1,920
DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER 1,921
SECTION 4723.74 OF THE REVISED CODE. 1,922
(4) THE PERSON IS A DIALYSIS PATIENT WHO HAS BEEN TRAINED 1,924
TO ENGAGE IN THE DIALYSIS CARE WITH LITTLE OR NO PROFESSIONAL 1,925
ASSISTANCE BY COMPLETING A MEDICARE-APPROVED SELF-DIALYSIS OR 1,926
HOME DIALYSIS TRAINING PROGRAM. 1,927
(5) THE PERSON IS A FAMILY MEMBER OR FRIEND OF A DIALYSIS 1,929
PATIENT WHO ENGAGES IN SELF-DIALYSIS OR HOME DIALYSIS, AND THE 1,930
PERSON ENGAGES IN THE DIALYSIS CARE BY ASSISTING THE PATIENT IN 1,931
43
PERFORMING THE SELF-DIALYSIS OR HOME DIALYSIS, AFTER THE PERSON 1,932
PROVIDING THE ASSISTANCE HAS COMPLETED A MEDICARE-APPROVED 1,934
SELF-DIALYSIS OR HOME DIALYSIS TRAINING PROGRAM FOR THE 1,935
PARTICULAR DIALYSIS PATIENT BEING ASSISTED.
(F) NO PERSON SHALL OPERATE A DIALYSIS TRAINING PROGRAM, 1,937
UNLESS THE PROGRAM IS APPROVED BY THE BOARD OF NURSING UNDER 1,938
SECTION 4723.74 OF THE REVISED CODE. 1,939
Sec. 4723.74. A PERSON WHO SEEKS TO OPERATE A DIALYSIS 1,941
TRAINING PROGRAM SHALL APPLY TO THE BOARD OF NURSING FOR APPROVAL 1,942
OF THE PROGRAM. APPLICATIONS SHALL BE SUBMITTED IN ACCORDANCE 1,944
WITH RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 1,946
THE PERSON SHALL INCLUDE WITH THE APPLICATION THE FEE PRESCRIBED 1,948
IN THOSE RULES. IF THE PROGRAM MEETS THE REQUIREMENTS FOR 1,949
APPROVAL AS SPECIFIED IN THE RULES, THE BOARD SHALL APPROVE THE 1,950
PROGRAM. THE BOARD MAY WITHDRAW THE APPROVAL OF A PROGRAM THAT 1,951
CEASES TO MEET THE REQUIREMENTS FOR APPROVAL. A PROGRAM SHALL
APPLY FOR REAPPROVAL AND MAY BE REAPPROVED IN ACCORDANCE WITH 1,952
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 1,953
Sec. 4723.75. (A) THE BOARD OF NURSING SHALL ISSUE A 1,956
CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A PERSON WHO 1,957
MEETS ALL OF THE FOLLOWING REQUIREMENTS: 1,958
(1) THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH 1,960
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND 1,963
INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES. 1,964
(2) THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND 1,966
POSSESSES A HIGH SCHOOL DIPLOMA OR HIGH SCHOOL EQUIVALENCE 1,967
DIPLOMA. 1,968
(3) THE PERSON MEETS THE REQUIREMENTS ESTABLISHED BY THE 1,970
BOARD'S RULES. 1,971
(4) THE PERSON DEMONSTRATES COMPETENCY TO PRACTICE AS A 1,973
DIALYSIS TECHNICIAN, AS SPECIFIED UNDER DIVISION (B) OF THIS 1,974
SECTION.
(B) FOR A PERSON TO DEMONSTRATE COMPETENCE TO PRACTICE AS 1,976
A DIALYSIS TECHNICIAN, ONE OF THE FOLLOWING MUST APPLY: 1,977
44
(1) THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 1,979
(a) THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS 1,982
TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF 1,983
THE REVISED CODE. 1,984
(b) THE PERSON HAS BEEN EMPLOYED TO PERFORM DIALYSIS CARE 1,987
BY A DIALYSIS PROVIDER FOR NOT LESS THAN TWELVE MONTHS PRIOR TO 1,988
THE DATE OF APPLICATION.
(c) THE PERSON PASSES A CERTIFICATION EXAMINATION 1,990
DEMONSTRATING COMPETENCE TO PERFORM DIALYSIS CARE. THE PERSON 1,992
MUST PASS THE EXAMINATION NOT LATER THAN EIGHTEEN MONTHS AFTER 1,994
ENTERING A DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD UNDER 1,995
SECTION 4723.74 OF THE REVISED CODE. A PERSON WHO DOES NOT PASS 1,996
THE EXAMINATION WITHIN EIGHTEEN MONTHS AFTER ENTERING A DIALYSIS 1,997
TRAINING PROGRAM MUST REPEAT AND SUCCESSFULLY COMPLETE THE 1,998
TRAINING PROGRAM, OR SUCCESSFULLY COMPLETE ANOTHER DIALYSIS 1,999
TRAINING PROGRAM APPROVED BY THE BOARD, AND PASS THE EXAMINATION 2,000
NOT LESS THAN SIX MONTHS AFTER ENTERING THE NEW OR REPEATED 2,001
PROGRAM. A PERSON WHO DOES NOT PASS THE EXAMINATION WITHIN SIX 2,002
MONTHS AFTER ENTERING THE NEW OR REPEATED PROGRAM MUST WAIT AT 2,003
LEAST ONE YEAR BEFORE ENTERING OR REENTERING ANY DIALYSIS 2,004
TRAINING PROGRAM APPROVED BY THE BOARD, AFTER WHICH THE PERSON 2,005
MUST SUCCESSFULLY COMPLETE A DIALYSIS TRAINING PROGRAM APPROVED 2,006
BY THE BOARD AND PASS THE EXAMINATION NOT LATER THAN SIX MONTHS 2,007
AFTER ENTERING THE PROGRAM. 2,008
(2) THE PERSON MEETS BOTH OF THE FOLLOWING REQUIREMENTS: 2,010
(a) THE PERSON HOLDS, ON THE EFFECTIVE DATE OF THIS 2,013
SECTION, A CURRENT, VALID CERTIFICATE FROM A QUALIFYING TESTING
ORGANIZATION SPECIFIED BY THE BOARD UNDER DIVISION (B) OF SECTION 2,015
4723.751 OF THE REVISED CODE OR PROVIDES EVIDENCE SATISFACTORY TO 2,016
THE BOARD OF HAVING PASSED THE EXAMINATION OF A QUALIFYING 2,017
TESTING ORGANIZATION NOT LONGER THAN FIVE YEARS PRIOR TO THE 2,020
EFFECTIVE DATE OF THIS SECTION.
(b) THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON PROVIDES 2,023
THE BOARD WITH THE INFORMATION SPECIFIED IN RULES ADOPTED UNDER
45
SECTION 4723.79 OF THE REVISED CODE ATTESTING TO THE PERSON'S 2,025
COMPETENCE TO PERFORM DIALYSIS CARE. 2,026
(3) THE PERSON SUBMITS EVIDENCE SATISFACTORY TO THE BOARD 2,029
THAT THE PERSON HOLDS A CURRENT, VALID LICENSE, CERTIFICATE, OR 2,030
OTHER AUTHORIZATION TO PERFORM DIALYSIS CARE ISSUED BY ANOTHER 2,031
STATE THAT HAS STANDARDS FOR DIALYSIS TECHNICIANS THAT THE BOARD 2,032
CONSIDERS SUBSTANTIALLY SIMILAR TO THOSE ESTABLISHED UNDER
SECTIONS 4723.71 TO 4723.79 OF THE REVISED CODE. 2,035
Sec. 4723.751. (A) THE BOARD OF NURSING SHALL EITHER 2,037
CONDUCT DIALYSIS TECHNICIAN CERTIFICATION EXAMINATIONS ITSELF OR, 2,039
IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4723.79 OF THE 2,040
REVISED CODE, APPROVE TESTING ORGANIZATIONS TO CONDUCT THE 2,042
EXAMINATIONS. IF IT CONDUCTS THE EXAMINATIONS, THE BOARD MAY USE 2,043
ALL OR PART OF A STANDARD EXAMINATION CREATED BY A TESTING 2,044
ORGANIZATION APPROVED BY THE BOARD. REGARDLESS OF WHO CONDUCTS 2,045
IT, THE EXAMINATION SHALL COVER ALL OF THE SUBJECTS SPECIFIED IN 2,047
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 2,049
(B) THE BOARD SHALL SPECIFY THE TESTING ORGANIZATIONS THAT 2,051
QUALIFY A PERSON TO DEMONSTRATE COMPETENCE TO PRACTICE AS A 2,052
DIALYSIS TECHNICIAN PURSUANT TO DIVISION (B)(2) OF SECTION 2,053
4723.75 OF THE REVISED CODE. 2,054
Sec. 4723.76. (A) THE BOARD OF NURSING SHALL ISSUE A 2,056
TEMPORARY CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A 2,057
PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS: 2,058
(1) THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH 2,060
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND 2,062
INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES. 2,063
(2) THE PERSON PROVIDES DOCUMENTATION FROM THE PERSON'S 2,065
EMPLOYER THAT DEMONSTRATES THAT THE PERSON IS COMPETENT TO 2,066
PERFORM DIALYSIS CARE. 2,067
(3) ONE OF THE FOLLOWING APPLIES: 2,069
(a) THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS 2,071
TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER SECTION 2,072
4723.74 OF THE REVISED CODE. 2,073
46
(b) THE PERSON IS, ON THE EFFECTIVE DATE OF THIS SECTION, 2,075
EMPLOYED AS A DIALYSIS TECHNICIAN BUT HAS BEEN SO EMPLOYED FOR 2,076
LESS THAN TWELVE MONTHS. 2,077
(c) THE PERSON HAS EXPERIENCE AS A DIALYSIS TECHNICIAN IN 2,079
A JURISDICTION THAT DOES NOT LICENSE OR CERTIFY DIALYSIS 2,080
TECHNICIANS AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM 2,081
THAT IS SUBSTANTIALLY SIMILAR TO A PROGRAM APPROVED BY THE BOARD. 2,082
(B) A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS 2,084
THE REQUIREMENT IN DIVISION (A)(3)(a) OF THIS SECTION IS VALID 2,086
FOR EIGHTEEN MONTHS FROM THE DATE ON WHICH THE HOLDER ENTERED A 2,087
DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION 2,088
4723.74 OF THE REVISED CODE.
A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE 2,091
REQUIREMENT IN DIVISION (A)(3)(b) OF THIS SECTION IS VALID FOR 2,093
THE NUMBER OF MONTHS EQUAL TO EIGHTEEN MONTHS MINUS THE NUMBER OF 2,094
MONTHS THE PERSON HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN. 2,095
A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE 2,098
REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION AND HAS BEEN 2,099
WORKING AS A DIALYSIS TECHNICIAN FOR TWELVE MONTHS OR LONGER IS 2,100
VALID FOR SIX MONTHS. A TEMPORARY CERTIFICATE ISSUED TO A PERSON 2,101
WHO MEETS THE REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION 2,102
AND HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN FOR LESS THAN 2,103
TWELVE MONTHS IS VALID FOR THE NUMBER OF MONTHS EQUAL TO EIGHTEEN 2,104
MONTHS MINUS THE NUMBER OF MONTHS THE PERSON HAS BEEN EMPLOYED AS 2,105
A DIALYSIS TECHNICIAN.
(C) A TEMPORARY CERTIFICATE ISSUED UNDER THIS SECTION MAY 2,108
BE RENEWED ONCE IF THE HOLDER ENROLLS OR RE-ENROLLS IN A DIALYSIS 2,109
TRAINING PROGRAM APPROVED BY THE BOARD. A TEMPORARY CERTIFICATE 2,110
THAT HAS BEEN RENEWED IS NOT RENEWABLE. A PERSON HOLDING A 2,111
TEMPORARY CERTIFICATE SHALL PROVIDE A COPY OF THE TEMPORARY 2,112
CERTIFICATE TO THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON. THE 2,113
PERSON SHALL NOT ACT AS A TRAINER OR PRECEPTOR IN ANY DIALYSIS 2,114
TRAINING PROGRAM.
Sec. 4723.77. A CERTIFICATE ISSUED UNDER SECTION 4723.75 2,116
47
OF THE REVISED CODE EXPIRES BIENNIALLY AND SHALL BE RENEWED 2,119
ACCORDING TO A SCHEDULE ESTABLISHED BY THE BOARD OF NURSING IN 2,120
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. AN 2,123
APPLICATION FOR RENEWAL OF A CERTIFICATE SHALL BE ACCOMPANIED BY 2,125
THE RENEWAL FEE ESTABLISHED IN RULES ADOPTED BY THE BOARD UNDER 2,126
SECTION 4723.79 OF THE REVISED CODE. A CERTIFICATE MAY BE 2,129
RENEWED ONLY IF, DURING THE PERIOD FOR WHICH THE CERTIFICATE WAS 2,131
ISSUED, THE CERTIFICATE HOLDER SATISFIED THE CONTINUING EDUCATION 2,132
REQUIREMENTS ESTABLISHED BY THE BOARD'S RULES. 2,133
Sec. 4723.78. (A) THE BOARD OF NURSING SHALL ESTABLISH A 2,136
DIALYSIS REGISTRY THAT CONTAINS THE FOLLOWING INFORMATION: 2,137
(1) THE NAMES OF, AND OTHER IDENTIFYING INFORMATION 2,139
SPECIFIED IN RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED 2,142
CODE ABOUT, THE FOLLOWING: 2,143
(a) PERSONS WHO HAVE ENROLLED IN A DIALYSIS TRAINING 2,146
PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF THE 2,147
REVISED CODE; 2,148
(b) PERSONS WHO HOLD A CURRENT, VALID CERTIFICATE ISSUED 2,151
UNDER SECTION 4723.75 OF THE REVISED CODE; 2,153
(c) PERSONS WHO HOLD A CURRENT, VALID TEMPORARY 2,155
CERTIFICATE ISSUED UNDER SECTION 4723.76 OF THE REVISED CODE. 2,158
(2) THE NAMES AND LOCATIONS OF THE DIALYSIS PROVIDERS WHO 2,160
EMPLOY THE DIALYSIS TECHNICIANS LISTED IN DIVISIONS (A)(1)(b) AND 2,163
(c) OF THIS SECTION.
(B) PERSONS SHALL PROVIDE TO THE BOARD INFORMATION THAT IS 2,166
TO BE INCLUDED IN THE DIALYSIS REGISTRY IN ACCORDANCE WITH RULES 2,167
ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 2,169
Sec. 4723.79. THE BOARD OF NURSING SHALL ADOPT RULES TO 2,171
ADMINISTER AND ENFORCE SECTIONS 4723.71 TO 4723.79 OF THE REVISED 2,173
CODE. THE BOARD SHALL ADOPT THE RULES IN ACCORDANCE WITH CHAPTER 2,176
119. OF THE REVISED CODE. THE RULES SHALL ESTABLISH OR SPECIFY 2,179
ALL OF THE FOLLOWING:
(A) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,182
APPROVAL, REAPPROVAL, AND WITHDRAWING THE APPROVAL OF A DIALYSIS 2,184
48
TRAINING PROGRAM UNDER SECTION 4723.74 OF THE REVISED CODE. THE 2,187
REQUIREMENTS SHALL INCLUDE STANDARDS THAT MUST BE SATISFIED 2,188
REGARDING CURRICULUM, LENGTH OF TRAINING, AND INSTRUCTIONS IN 2,189
PATIENT CARE. 2,190
(B) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,193
ISSUANCE OF A CERTIFICATE UNDER SECTION 4723.75 OF THE REVISED 2,196
CODE, EXCEPT THAT THE AMOUNT OF THE FEE SHALL BE NO GREATER THAN
THE FEE CHARGED UNDER DIVISION (A)(1) OF SECTION 4723.08 OF THE 2,198
REVISED CODE;
(C) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,201
ISSUANCE OF A TEMPORARY CERTIFICATE UNDER SECTION 4723.76 OF THE 2,202
REVISED CODE; 2,203
(D) THE PROCESS FOR APPROVAL OF TESTING ORGANIZATIONS 2,206
UNDER SECTION 4723.751 OF THE REVISED CODE; 2,209
(E) SUBJECTS TO BE INCLUDED IN A CERTIFICATION EXAMINATION 2,212
PROVIDED FOR IN DIVISION (B)(1) OF SECTION 4723.75 OF THE REVISED 2,214
CODE; 2,215
(F) THE SCHEDULE, FEES, AND CONTINUING EDUCATION 2,218
REQUIREMENTS FOR RENEWAL OF A CERTIFICATE UNDER SECTION 4723.77 2,219
OF THE REVISED CODE, EXCEPT THAT THE FEE FOR THE RENEWAL OF A 2,220
CERTIFICATE SHALL BE NO GREATER THAN THE FEE CHARGED UNDER 2,221
DIVISION (A)(8) OF SECTION 4723.08 OF THE REVISED CODE; 2,222
(G) STANDARDS AND PROCEDURES FOR ESTABLISHING AND 2,224
MAINTAINING THE DIALYSIS REGISTRY REQUIRED BY SECTION 4723.78 OF 2,226
THE REVISED CODE, INCLUDING STANDARDS AND PROCEDURES THAT PERSONS 2,228
MUST FOLLOW IN PROVIDING THE INFORMATION TO BE INCLUDED IN THE 2,229
REGISTRY;
(H) STANDARDS FOR THE ADMINISTRATION OF MEDICATION BY 2,232
DIALYSIS TECHNICIANS UNDER SECTION 4723.72 OF THE REVISED CODE; 2,234
(I) THE INFORMATION A DIALYSIS PROVIDER IS TO PROVIDE TO 2,236
THE BOARD WHEN ATTESTING TO A PERSON'S COMPETENCE TO PERFORM 2,237
DIALYSIS;
(J) STANDARDS AND PROCEDURES FOR THE SUPERVISION OF 2,239
DIALYSIS TECHNICIANS WHO PROVIDE DIALYSIS CARE IN A PATIENT'S 2,240
49
HOME, INCLUDING MONTHLY HOME VISITS BY A REGISTERED NURSE TO 2,242
MONITOR THE QUALITY OF THE DIALYSIS CARE;
(K) ANY OTHER PROCEDURES OR REQUIREMENTS NECESSARY FOR THE 2,245
ADMINISTRATION AND ENFORCEMENT OF SECTIONS 4723.71 TO 4723.79 OF 2,246
THE REVISED CODE. 2,248
Sec. 4723.99. Whoever violates section 4723.03 or, 2,258
4723.44, OR 4723.73 of the Revised Code shall be fined five 2,260
hundred dollars or imprisoned not more than ninety days or both. 2,261
Section 2. That existing sections 121.22, 4723.02, 2,263
4723.04, 4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 2,264
4723.282, 4723.34, 4723.341, 4723.35, 4723.63, and 4723.99 of the 2,265
Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act, except for 2,267
sections 4723.72, 4723.73, 4723.79, and 4723.99 of the Revised 2,268
Code, shall take effect one hundred eighty days after the 2,269
effective date of this act. Sections 4723.72, 4723.73, and 2,270
4723.99 of the Revised Code, as amended and enacted by this act, 2,271
shall take effect one year after the effective date of this act. 2,272
Section 4723.79 of the Revised Code, as enacted by this act, 2,273
shall take effect at the earliest time permitted by law. 2,274
Section 4. The Board of Nursing shall adopt the rules 2,276
provided for in section 4723.79 of the Revised Code not later 2,277
than one hundred eighty days after the effective date of this 2,278
section. In adopting the rules, the Board shall consult with 2,279
representatives designated by the Ohio Renal Association, the 2,280
Ohio Renal Physicians Association, the National Association of 2,281
Nephrology Technologists, the American Nephrology Nurses 2,282
Association, and the Ohio Nurses Association. 2,283
Section 5. Notwithstanding the provision of section 2,285
4723.02 of the Revised Code that defines "dialysis technician" as 2,286
an individual who holds a certificate to practice as a dialysis 2,287
technician, the individuals initially appointed to the Advisory 2,288
Group on Dialysis as dialysis technicians need not be certificate 2,289
holders, but must meet all the requirements for receipt of a
50
certificate. 2,290