As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 111 5
1999-2000 6
SENATORS DRAKE-KEARNS-SPADA-WATTS-ARMBRUSTER- 9
REPRESENTATIVES VESPER-VAN VYVEN-SMITH
_________________________________________________________________ 11
A B I L L
To amend sections 121.22, 4723.02, 4723.04, 4723.06, 13
4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 14
4723.282, 4723.34, 4723.341, 4723.35, 4723.63,
and 4723.99 and to enact sections 4723.71, 15
4723.72, 4723.73, 4723.74, 4723.75, 4723.751, 16
4723.76, 4723.77, 4723.78, and 4723.79 of the
Revised Code to require that the Board of Nursing 18
establish a certification program for dialysis
technicians. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 121.22, 4723.02, 4723.04, 23
4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 4723.282, 24
4723.34, 4723.341, 4723.35, 4723.63, and 4723.99 be amended and 25
sections 4723.71, 4723.72, 4723.73, 4723.74, 4723.75, 4723.751, 26
4723.76, 4723.77, 4723.78, and 4723.79 of the Revised Code be 27
enacted to read as follows: 28
Sec. 121.22. (A) This section shall be liberally 37
construed to require public officials to take official action and 38
to conduct all deliberations upon official business only in open 39
meetings unless the subject matter is specifically excepted by 40
law. 41
(B) As used in this section: 43
(1) "Public body" means any of the following: 45
(a) Any board, commission, committee, council, or similar 47
decision-making body of a state agency, institution, or 48
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authority, and any legislative authority or board, commission, 49
committee, council, agency, authority, or similar decision-making 51
body of any county, township, municipal corporation, school 52
district, or other political subdivision or local public 53
institution;
(b) Any committee or subcommittee of a body described in 55
division (B)(1)(a) of this section; 56
(c) A court of jurisdiction of a sanitary district 58
organized wholly for the purpose of providing a water supply for 59
domestic, municipal, and public use when meeting for the purpose 61
of the appointment, removal, or reappointment of a member of the 62
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 63
related to such a district other than litigation involving the 64
district. As used in division (B)(1)(c) of this section, "court 65
of jurisdiction" has the same meaning as "court" in section 66
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 68
public business of the public body by a majority of its members. 69
(3) "Regulated individual" means either of the following: 71
(a) A student in a state or local public educational 73
institution; 74
(b) A person who is, voluntarily or involuntarily, an 76
inmate, patient, or resident of a state or local institution 77
because of criminal behavior, mental illness or retardation, 78
disease, disability, age, or other condition requiring custodial 79
care. 80
(C) All meetings of any public body are declared to be 82
public meetings open to the public at all times. A member of a 83
public body shall be present in person at a meeting open to the 85
public to be considered present or to vote at the meeting and for 86
purposes of determining whether a quorum is present at the 87
meeting. 88
The minutes of a regular or special meeting of any public 91
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body shall be promptly prepared, filed, and maintained and shall 92
be open to public inspection. The minutes need only reflect the 93
general subject matter of discussions in executive sessions 94
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 96
audit conference conducted by the auditor of state or independent 97
certified public accountants with officials of the public office 98
that is the subject of the audit, to the adult parole authority 99
when its hearings are conducted at a correctional institution for 100
the sole purpose of interviewing inmates to determine parole or 101
pardon, to the organized crime investigations commission 102
established under section 177.01 of the Revised Code, to the 103
state medical board when determining whether to suspend a 104
certificate without a prior hearing pursuant to division (G) of 106
either section 4730.25 or 4731.22 of the Revised Code, to the 108
board of nursing when determining whether to suspend a license OR 109
CERTIFICATE without a prior hearing pursuant to division (B) of 111
section 4723.181 4723.281 of the Revised Code, or to the 113
executive committee of the emergency response commission when 114
determining whether to issue an enforcement order or request that 115
a civil action, civil penalty action, or criminal action be 116
brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing 118
advisory council, the industrial technology and enterprise 119
advisory council, the tax credit authority, or the minority 121
development financing advisory board, when meeting to consider 122
granting assistance pursuant to Chapter 122. or 166. of the 123
Revised Code, in order to protect the interest of the applicant 124
or the possible investment of public funds, by unanimous vote of 125
all board, council, or authority members present, may close the 127
meeting during consideration of the following information 129
confidentially received by the authority, council, or board from 130
the applicant: 132
(1) Marketing plans; 134
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(2) Specific business strategy; 136
(3) Production techniques and trade secrets; 138
(4) Financial projections; 140
(5) Personal financial statements of the applicant or 142
members of the applicant's immediate family, including, but not 143
limited to, tax records or other similar information not open to 145
public inspection. 146
The vote by the authority, council, or board to accept or 150
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 153
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 155
reasonable method whereby any person may determine the time and 156
place of all regularly scheduled meetings and the time, place, 157
and purpose of all special meetings. A public body shall not 158
hold a special meeting unless it gives at least twenty-four 159
hours' advance notice to the news media that have requested 160
notification, except in the event of an emergency requiring 161
immediate official action. In the event of an emergency, the 162
member or members calling the meeting shall notify the news media 163
that have requested notification immediately of the time, place, 164
and purpose of the meeting. 165
The rule shall provide that any person, upon request and 168
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 169
business is to be discussed. Provisions for advance notification 170
may include, but are not limited to, mailing the agenda of 171
meetings to all subscribers on a mailing list or mailing notices 172
in self-addressed, stamped envelopes provided by the person. 173
(G) Except as provided in division (J) of this section, 176
the members of a public body may hold an executive session only 177
after a majority of a quorum of the public body determines, by a 178
roll call vote, to hold an executive session and only at a 180
regular or special meeting for the sole purpose of the
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consideration of any of the following matters: 181
(1) To consider the appointment, employment, dismissal, 183
discipline, promotion, demotion, or compensation of a public 184
employee or official, or the investigation of charges or 185
complaints against a public employee, official, licensee, or 186
regulated individual, unless the public employee, official, 187
licensee, or regulated individual requests a public hearing. 188
Except as otherwise provided by law, no public body shall hold an 189
executive session for the discipline of an elected official for 190
conduct related to the performance of the elected official's 191
official duties or for the elected official's removal from 193
office. If a public body holds an executive session pursuant to 195
division (G)(1) of this section, the motion and vote to hold that 196
executive session shall state which one or more of the approved 197
purposes listed in division (G)(1) of this section are the 198
purposes for which the executive session is to be held, but need 199
not include the name of any person to be considered at the 200
meeting.
(2) To consider the purchase of property for public 202
purposes, or for the sale of property at competitive bidding, if 203
premature disclosure of information would give an unfair 204
competitive or bargaining advantage to a person whose personal, 205
private interest is adverse to the general public interest. No 206
member of a public body shall use division (G)(2) of this section 208
as a subterfuge for providing covert information to prospective 210
buyers or sellers. A purchase or sale of public property is void 211
if the seller or buyer of the public property has received covert 212
information from a member of a public body that has not been 213
disclosed to the general public in sufficient time for other 214
prospective buyers and sellers to prepare and submit offers. 215
If the minutes of the public body show that all meetings 217
and deliberations of the public body have been conducted in 218
compliance with this section, any instrument executed by the 219
public body purporting to convey, lease, or otherwise dispose of 220
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any right, title, or interest in any public property shall be 221
conclusively presumed to have been executed in compliance with 222
this section insofar as title or other interest of any bona fide 223
purchasers, lessees, or transferees of the property is concerned. 224
(3) Conferences with an attorney for the public body 226
concerning disputes involving the public body that are the 227
subject of pending or imminent court action; 228
(4) Preparing for, conducting, or reviewing negotiations 230
or bargaining sessions with public employees concerning their 231
compensation or other terms and conditions of their employment; 232
(5) Matters required to be kept confidential by federal 234
law or regulations or state statutes; 235
(6) Specialized details of security arrangements if 237
disclosure of the matters discussed might reveal information that 238
could be used for the purpose of committing, or avoiding 239
prosecution for, a violation of the law; 240
(7) In the case of a county hospital operated pursuant to 242
Chapter 339. of the Revised Code, to consider trade secrets, as 244
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 246
of the matters listed in divisions (G)(2) to (7) of this section, 248
the motion and vote to hold that executive session shall state 249
which one or more of the approved matters listed in those 250
divisions are to be considered at the executive session. 251
A public body specified in division (B)(1)(c) of this 254
section shall not hold an executive session when meeting for the
purposes specified in that division. 255
(H) A resolution, rule, or formal action of any kind is 257
invalid unless adopted in an open meeting of the public body. A 258
resolution, rule, or formal action adopted in an open meeting 259
that results from deliberations in a meeting not open to the 260
public is invalid unless the deliberations were for a purpose 261
specifically authorized in division (G) or (J) of this section 262
and conducted at an executive session held in compliance with 263
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this section. A resolution, rule, or formal action adopted in an 264
open meeting is invalid if the public body that adopted the 265
resolution, rule, or formal action violated division (F) of this 266
section. 267
(I)(1) Any person may bring an action to enforce this 269
section. An action under division (I)(1) of this section shall 271
be brought within two years after the date of the alleged 272
violation or threatened violation. Upon proof of a violation or 273
threatened violation of this section in an action brought by any 274
person, the court of common pleas shall issue an injunction to 275
compel the members of the public body to comply with its 276
provisions. 277
(2)(a) If the court of common pleas issues an injunction 279
pursuant to division (I)(1) of this section, the court shall 280
order the public body that it enjoins to pay a civil forfeiture 281
of five hundred dollars to the party that sought the injunction 282
and shall award to that party all court costs and, subject to 283
reduction as described in division (I)(2) of this section, 285
reasonable attorney's fees. The court, in its discretion, may 286
reduce an award of attorney's fees to the party that sought the 287
injunction or not award attorney's fees to that party if the 288
court determines both of the following: 289
(i) That, based on the ordinary application of statutory 291
law and case law as it existed at the time of violation or 292
threatened violation that was the basis of the injunction, a 293
well-informed public body reasonably would believe that the 294
public body was not violating or threatening to violate this 295
section; 296
(ii) That a well-informed public body reasonably would 298
believe that the conduct or threatened conduct that was the basis 299
of the injunction would serve the public policy that underlies 300
the authority that is asserted as permitting that conduct or 301
threatened conduct. 302
(b) If the court of common pleas does not issue an 304
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injunction pursuant to division (I)(1) of this section and the 305
court determines at that time that the bringing of the action was 306
frivolous conduct, as defined in division (A) of section 2323.51 307
of the Revised Code, the court shall award to the public body all 308
court costs and reasonable attorney's fees, as determined by the 309
court. 310
(3) Irreparable harm and prejudice to the party that 312
sought the injunction shall be conclusively and irrebuttably 313
presumed upon proof of a violation or threatened violation of 314
this section. 315
(4) A member of a public body who knowingly violates an 317
injunction issued pursuant to division (I)(1) of this section may 318
be removed from office by an action brought in the court of 319
common pleas for that purpose by the prosecuting attorney or the 320
attorney general. 321
(J)(1) Pursuant to division (C) of section 5901.09 of the 323
Revised Code, a veterans service commission shall hold an 324
executive session for one or more of the following purposes 325
unless an applicant requests a public hearing: 326
(a) Interviewing an applicant for financial assistance 328
under sections 5901.01 to 5901.15 of the Revised Code; 329
(b) Discussing applications, statements, and other 331
documents described in division (B) of section 5901.09 of the 332
Revised Code; 333
(c) Reviewing matters relating to an applicant's request 335
for financial assistance under sections 5901.01 to 5901.15 of the 336
Revised Code.
(2) A veterans service commission shall not exclude an 338
applicant for, recipient of, or former recipient of financial 339
assistance under sections 5901.01 to 5901.15 of the Revised Code, 340
and shall not exclude representatives selected by the applicant, 342
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 343
applicant's, recipient's, or former recipient's application for 344
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financial assistance.
(3) A veterans service commission shall vote on the grant 346
or denial of financial assistance under sections 5901.01 to 347
5901.15 of the Revised Code only in an open meeting of the 349
commission. The minutes of the meeting shall indicate the name, 350
address, and occupation of the applicant, whether the assistance 351
was granted or denied, the amount of the assistance if assistance 352
is granted, and the votes for and against the granting of 353
assistance.
Sec. 4723.02. As used in this chapter: 362
(A) "Registered nurse" means an individual who holds a 364
current, valid license issued under this chapter that authorizes 365
the practice of nursing as a registered nurse. 366
(B) "Practice of nursing as a registered nurse" means 368
providing to individuals and groups nursing care requiring 369
specialized knowledge, judgment, and skill derived from the 370
principles of biological, physical, behavioral, social, and 371
nursing sciences. Such nursing care includes: 372
(1) Identifying patterns of human responses to actual or 374
potential health problems amenable to a nursing regimen; 375
(2) Executing a nursing regimen through the selection, 377
performance, management, and evaluation of nursing actions; 378
(3) Assessing health status for the purpose of providing 380
nursing care; 381
(4) Providing health counseling and health teaching; 383
(5) Administering medications, treatments, and executing 385
regimens prescribed by licensed physicians; dentists; 387
optometrists; podiatrists; or, until January 1, 2010, advanced 389
practice nurses authorized to prescribe under section 4723.56 of 390
the Revised Code;
(6) Teaching, administering, supervising, delegating, and 392
evaluating nursing practice. 393
(C) "Nursing regimen" may include preventative, 395
restorative, and health promotion activities. 396
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(D) "Assessing health status" means the collection of data 398
through nursing assessment techniques, which may include 399
interviews, observation, and physical evaluations for the purpose 400
of providing nursing care. 401
(E) "Licensed practical nurse" means an individual who 403
holds a current, valid license issued under this chapter that 404
authorizes the practice of nursing as a licensed practical nurse. 405
(F) "The practice of nursing as a licensed practical 407
nurse" means providing to individuals and groups nursing care 408
requiring the application of basic knowledge of the biological, 409
physical, behavioral, social, and nursing sciences at the 410
direction of a licensed physician, dentist, podiatrist, 411
optometrist, or registered nurse. Such nursing care includes: 412
(1) Observation, patient teaching, and care in a diversity 414
of health care settings; 415
(2) Contributions to the planning, implementation, and 417
evaluation of nursing; 418
(3) Administration of medications and treatments 420
prescribed by a licensed physician; dentist; optometrist; 422
podiatrist; or, until January 1, 2010, an advanced practice nurse 424
authorized to prescribe under section 4723.56 of the Revised 425
Code, except that administration of intravenous therapy shall be 426
performed only in accordance with section 4723.48 of the Revised 427
Code. Medications may be administered by a licensed practical 428
nurse upon proof of completion of a course in medication 429
administration approved by the board of nursing.
(4) Administration to an adult of intravenous therapy 431
prescribed by a licensed physician; dentist; optometrist; 432
podiatrist; or, until January 1, 2010, an advanced practice nurse 433
authorized to prescribe under section 4723.56 of the Revised 434
Code, on the condition that the licensed practical nurse is 436
authorized by the board of nursing pursuant to section 4723.48 of 438
the Revised Code to perform intravenous therapy and performs 440
intravenous therapy only in accordance with section 4723.48 of 441
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the Revised Code. 442
(G) "Certified registered nurse anesthetist" means a 445
registered nurse who holds a valid certificate of authority 446
issued under this chapter that authorizes the practice of nursing 447
as a certified registered nurse anesthetist in accordance with 448
section 4723.43 of the Revised Code and rules adopted by the 449
board of nursing. 450
(H) "Clinical nurse specialist" means a registered nurse 453
who holds a valid certificate of authority issued under this 454
chapter that authorizes the practice of nursing as a clinical 455
nurse specialist in accordance with section 4723.43 of the 456
Revised Code and rules adopted by the board of nursing. 457
(I) "Certified nurse-midwife" means a registered nurse who 459
holds a valid certificate of authority issued under this chapter 460
that authorizes the practice of nursing as a certified 461
nurse-midwife in accordance with section 4723.43 of the Revised 462
Code and rules adopted by the board of nursing. 463
(J) "Certified nurse practitioner" means a registered 465
nurse who holds a valid certificate of authority issued under 466
this chapter that authorizes the practice of nursing as a 467
certified nurse practitioner in accordance with section 4723.43 468
of the Revised Code and rules adopted by the board of nursing. 470
(K) "Physician" means an individual who holds a 473
certificate issued under Chapter 4731. of the Revised Code 475
authorizing the practice of medicine and surgery or osteopathic 477
medicine and surgery and is practicing in this state. 478
(L) "Dentist" means an individual who is licensed under 481
Chapter 4715. of the Revised Code to practice dentistry and is 482
practicing in this state. 483
(M) "Podiatrist" means an individual who holds a 486
certificate issued under Chapter 4731. of the Revised Code 487
authorizing the practice of podiatry and is practicing in this 488
state.
(N) "Collaboration" or "collaborating" means the 490
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following: 491
(1) In the case of a clinical nurse specialist, except as 494
provided in division (N)(3) of this section, or a certified nurse
practitioner, that a podiatrist acting within the podiatrist's 495
scope of practice in accordance with section 4731.51 of the 496
Revised Code and with whom the nurse has entered into a standard 498
care arrangement or physician with whom the nurse has entered
into a standard care arrangement is continuously available to 500
communicate with the clinical nurse specialist or certified nurse 501
practitioner either in person or by radio, telephone, or other 502
form of telecommunication;
(2) In the case of a certified nurse-midwife, that a 504
physician with whom the certified nurse-midwife has entered into 505
a standard care arrangement is continuously available to 506
communicate with the certified nurse-midwife either in person or 507
by radio, telephone, or other form of telecommunication; 508
(3) In the case of a clinical nurse specialist whose 510
nursing specialty is mental health or psychiatric mental health, 511
that a physician is continuously available to communicate with 513
the nurse either in person or by radio, telephone, or other form 514
of telecommunication.
(O) "Supervision" means that a certified registered nurse 517
anesthetist is under the direction of a podiatrist acting within 518
the podiatrist's scope of practice in accordance with section
4731.51 of the Revised Code, a dentist acting within the 520
dentist's scope of practice in accordance with Chapter 4715. of 522
the Revised Code, or a physician, and, when administering 523
anesthesia, the certified registered nurse anesthetist is in the 524
immediate presence of the podiatrist, dentist, or physician. 525
(P) "Standard care arrangement" means a written, formal 528
guide for planning and evaluating a patient's health care that is 529
developed by a collaborating physician or podiatrist and a
clinical nurse specialist, certified nurse-midwife, or certified 530
nurse practitioner and meets the requirements of section 4723.431 531
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of the Revised Code. 532
(Q) "DIALYSIS CARE" MEANS THE CARE AND PROCEDURES THAT A 534
DIALYSIS TECHNICIAN IS AUTHORIZED TO PROVIDE AND PERFORM, AS 535
SPECIFIED IN SECTION 4723.72 OF THE REVISED CODE. 536
(R) "DIALYSIS TECHNICIAN" MEANS AN INDIVIDUAL WHO HOLDS A 538
CURRENT, VALID CERTIFICATE OR TEMPORARY CERTIFICATE ISSUED UNDER 539
THIS CHAPTER THAT AUTHORIZES THE INDIVIDUAL TO PRACTICE AS A 540
DIALYSIS TECHNICIAN IN ACCORDANCE WITH SECTION 4723.72 OF THE 541
REVISED CODE.
Sec. 4723.04. The state nurses' board shall be known as 550
the board of nursing. The board shall assume and exercise all 551
the powers and perform all the duties conferred and imposed on it 552
by this chapter concerning nurses and nursing and the regulation 553
thereof. The board shall consist of thirteen members who shall 554
be citizens of the United States and residents of Ohio. Eight 555
members shall be registered nurses, each of whom shall be a 556
graduate of an approved program of nursing education that 557
prepares persons for licensure as a registered nurse, shall hold 558
a currently active license issued under this chapter to practice 559
nursing as a registered nurse, and shall have been actively 560
engaged in the practice of nursing as a registered nurse for the 561
five years immediately preceding the member's initial appointment 562
to the board. Four members shall be licensed practical nurses, 563
each of whom shall be a graduate of an approved program of 564
nursing education that prepares persons for licensure as a 565
practical nurse, shall hold a currently active license issued 566
under this chapter to practice nursing as a licensed practical 567
nurse, and shall have been actively engaged in the practice of 568
nursing as a licensed practical nurse for the five years 569
immediately preceding the member's initial appointment to the 570
board. One member shall represent the interests of consumers of 571
health care. Neither this member nor any person in the member's 572
immediate family shall be a member of or associated with a health 573
care provider or profession or shall have a financial interest in 574
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the delivery or financing of health care. Representation of 575
nursing service and nursing education and of the various 576
geographical areas of the state shall be considered in making 577
appointments. As the term of any member of the board expires, a 578
successor shall be appointed who has the qualifications the 579
vacancy requires. Terms of office shall be for five years, 580
commencing on the first day of January and ending on the 581
thirty-first day of December. Each member shall hold office from 582
the date of appointment until the end of the term for which the 583
member was appointed. The term of a member shall expire if the 584
member ceases to meet any requirement of this section for the 585
member's position on the board. Any member appointed to fill a 586
vacancy occurring prior to the expiration of the term for which 587
her THE MEMBER'S predecessor was appointed shall hold office for 588
the remainder of such term. A person who has served a full term 590
on the board or more than thirty months of the remainder of the 591
term of a predecessor shall not be eligible for a subsequent 592
appointment to the board. Any member shall continue in office 593
subsequent to the expiration date of her THE MEMBER'S term until 594
her THE MEMBER'S successor takes office, or until a period of 596
sixty days has elapsed, whichever occurs first. Nursing 597
organizations of this state may each submit to the governor the 598
names of not more than five nominees for each position to be 599
filled on the board. From the names so submitted or from others, 600
at his THE GOVERNOR'S discretion, the governor with the advice 601
and consent of the senate shall make such appointments. 602
Any member of the board may be removed by the governor for 604
neglect of any duty required by law or for incompetency or 605
unprofessional or dishonorable conduct, after a hearing as 606
provided in Chapter 119. of the Revised Code. Seven members of 607
the board including at least four registered nurses and at least 608
one licensed practical nurse shall at all times constitute a 609
quorum. 610
Each member of the board shall receive an amount fixed 612
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pursuant to division (J) of section 124.15 of the Revised Code 613
for each day in attendance at board meetings and in discharge of 614
official duties, and in addition thereto, necessary expense 615
incurred in the performance of such duties. 616
The board shall elect one of its nurse members as president 618
and one as vice-president. 619
The board may establish advisory groups to serve in 621
consultation with the board or the executive director. Each 622
advisory group shall be given a specific charge in writing and 623
shall report to the board. Members of advisory groups shall 624
serve without compensation but shall receive their actual and 625
necessary expenses incurred in the performance of their official 626
duties. 627
Sec. 4723.06. (A) The board of nursing shall: 636
(1) Administer and enforce the provisions of this chapter, 638
including the taking of disciplinary action for violations of 639
section 4723.28 of the Revised Code, any other provisions of this 640
chapter, or rules promulgated under Chapter 119. of the Revised 641
Code; 642
(2) Examine applicants for licensure to practice as a 644
registered nurse or as a licensed practical nurse; 645
(3) Issue and renew NURSING licenses AND DIALYSIS 647
TECHNICIAN CERTIFICATES, as provided in this chapter; 648
(4) Define the minimum curricula and standards for 650
educational programs of the schools of professional nursing and 651
schools of practical nursing in this state; 652
(5) Survey, inspect, and grant full approval to 654
prelicensure nursing education programs that meet the standards 656
established by rules adopted under section 4723.07 of the Revised 657
Code. Prelicensure nursing education programs include, but are 658
not limited to, associate degree, baccalaureate degree, diploma, 659
and doctor of nursing programs leading to initial licensure to 660
practice nursing as a registered nurse and practical nurse 661
programs leading to initial licensure to practice nursing as a 662
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licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 664
the board, to a new prelicensure nursing education program or a 665
program that is being reestablished after having ceased to 667
operate, if the program meets and maintains the minimum standards 669
of the board established by rules adopted under section 4723.07 670
of the Revised Code. If the board does not grant conditional 671
approval, it shall hold a hearing under Chapter 119. of the 672
Revised Code to consider conditional approval of the program. If 673
the board grants conditional approval, at its first meeting after 674
the first class has completed the program, the board shall 675
determine whether to grant full approval to the program. If the 676
board does not grant full approval or if it appears that the 679
program has failed to meet and maintain standards established by 680
rules adopted under section 4723.07 of the Revised Code, the 681
board shall hold a hearing under Chapter 119. of the Revised Code 682
to consider the program. Based on results of the hearing, the 683
board may continue or withdraw conditional approval, or grant 684
full approval.
(7) Place on provisional approval, for a period of time 686
specified by the board, a program that has ceased to meet and 688
maintain the minimum standards of the board established by rules 689
adopted under section 4723.07 of the Revised Code. At the end of 690
the period, the board shall reconsider whether the program meets 691
the standards and shall grant full approval if it does. If it 693
does not, the board may withdraw approval, pursuant to a hearing 694
under Chapter 119. of the Revised Code. 695
(8) Approve continuing nursing education programs and 697
courses under standards established in rules adopted under 698
section 4723.07 of the Revised Code; 699
(9) Approve peer support programs for nurses, under rules 701
adopted under section 4723.07 of the Revised Code, FOR NURSES AND 702
FOR DIALYSIS TECHNICIANS; 703
(10) Establish the alternative program for chemically 705
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dependent nurses CHEMICAL DEPENDENCY in accordance with section 707
4723.35 of the Revised Code;
(11) Establish the practice intervention and improvement 709
program in accordance with section 4723.282 of the Revised Code; 710
(12) Issue and renew certificates of authority to practice 712
nursing as a certified registered nurse anesthetist, clinical 714
nurse specialist, certified nurse-midwife, or certified nurse 715
practitioner;
(13) Approve under section 4723.46 of the Revised Code 718
national certifying organizations for examination and 719
certification of certified registered nurse anesthetists, 720
clinical nurse specialists, certified nurse-midwives, or 721
certified nurse practitioners;
(14) Make an annual report to the governor, which shall be 724
open for public inspection; 725
(15) Maintain and have open for public inspection the 727
following records: 728
(a) A record of all its meetings and proceedings; 730
(b) A file of applicants for and holders of NURSING 732
licenses, registrations, and certificates granted under this 733
chapter AND DIALYSIS TECHNICIAN CERTIFICATES GRANTED UNDER THIS 734
CHAPTER. The file shall be maintained in the form prescribed by 735
rule of the board. 736
(c) A list of prelicensure nursing education programs 738
approved by the board; 739
(d) A list of approved peer support programs for nurses 741
AND DIALYSIS TECHNICIANS. 742
(B) The board may fulfill the requirement of division 744
(A)(8) of this section by authorizing persons who meet the 745
standards established in rules adopted under division (F) of 746
section 4723.07 of the Revised Code to approve continuing nursing 747
education programs and courses. Persons so authorized shall 748
approve continuing nursing education programs and courses in 749
accordance with standards established in rules adopted under 750
18
division (E) of section 4723.07 of the Revised Code. 751
Persons seeking authorization to approve continuing nursing 753
education programs and courses shall apply to the board and pay 754
the appropriate fee established under section 4723.08 of the 755
Revised Code. Authorizations to approve continuing nursing 756
education programs and courses shall expire at the end of the 757
two-year period beginning the date of issuance and may be renewed 758
by the board.
Sec. 4723.07. In accordance with Chapter 119. of the 767
Revised Code, the board of nursing shall adopt and may amend and 768
rescind rules: 769
(A) Providing for its government and control of its 771
actions and business affairs; 772
(B) Establishing minimum curricula and standards for 774
nursing education programs that prepare graduates to take 775
licensing examinations, and establishing procedures for granting, 776
renewing, and withdrawing approval of those programs; 778
(C) Establishing requirements that applicants for 780
licensure must meet to be permitted to take licensing 781
examinations; 782
(D) Governing the administration and conduct of 784
examinations for licensure to practice nursing as a registered 785
nurse or as a licensed practical nurse; 786
(E) Establishing standards for approval of continuing 788
nursing education programs and courses for registered nurses, 789
licensed practical nurses, certified registered nurse 790
anesthetists, clinical nurse specialists, certified 791
nurse-midwives, and certified nurse practitioners. The standards 792
may provide for approval of continuing nursing education programs 793
and courses that have been approved by other state boards of 794
nursing or by national accreditation systems for nursing, 795
including, but not limited to, the American nurses' credentialing 796
center and the national association for practical nurse education 797
and service.
19
(F) Establishing standards that persons must meet to be 799
authorized by the board to approve continuing nursing education 800
programs and courses and a schedule to have that authorization 801
renewed;
(G) Establishing requirements, including continuing 803
education requirements, for restoring inactive NURSING licenses 805
AND DIALYSIS TECHNICIAN CERTIFICATES ISSUED UNDER THIS CHAPTER 806
and NURSING licenses AND DIALYSIS TECHNICIAN CERTIFICATES that 807
have lapsed through failure to renew; 808
(H) ESTABLISHING REQUIREMENTS FOR ISSUING ENDORSEMENTS OF 810
NURSING LICENSES AND DIALYSIS TECHNICIAN CERTIFICATES ISSUED BY 811
ANOTHER STATE;
(I) Governing conditions that may be imposed for 813
reinstatement OF A NURSING LICENSE OR DIALYSIS TECHNICIAN 814
CERTIFICATE ISSUED UNDER THIS CHAPTER following action taken 816
under sections 2301.373, 4723.28, and 4723.281 of the Revised 817
Code resulting in a suspension from practice; 819
(I)(J) Establishing standards for approval of peer support 821
programs for nurses PERSONS WHO HOLD A NURSING LICENSE OR 822
DIALYSIS TECHNICIAN CERTIFICATE ISSUED UNDER THIS CHAPTER; 824
(J)(K) Establishing requirements for board approval of 827
courses in medication administration by licensed practical 828
nurses;
(K)(L) Establishing criteria for specialty certification 830
of registered nurses; 831
(L)(M) Establishing criteria for evaluating the 833
qualifications of an applicant who is applying for a license by 836
endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under 837
division (E) of section 4723.41 of the Revised Code; 838
(M)(N) Establishing universal blood and body fluid 840
precautions that shall be used by each person licensed HOLDING A 841
NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under 842
this chapter who performs exposure-prone invasive procedures. 843
20
The rules shall define and establish requirements for universal 844
blood and body fluid precautions that include the following: 845
(1) Appropriate use of hand washing; 847
(2) Disinfection and sterilization of equipment; 849
(3) Handling and disposal of needles and other sharp 851
instruments; 852
(4) Wearing and disposal of gloves and other protective 854
garments and devices. 855
(N)(O) Establishing standards and procedures for approving 858
certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, 859
certified nurse-midwife, or certified nurse practitioner, and for 860
renewal of those certificates; 861
(O)(P) Establishing quality assurance standards for 864
certified registered nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, or certified nurse 865
practitioners;
(P)(Q) Establishing additional criteria for the standard 868
care arrangement required by section 4723.431 of the Revised Code 869
entered into by a clinical nurse specialist, certified 870
nurse-midwife, or certified nurse practitioner and the nurse's 871
collaborating physician or podiatrist; 872
(Q)(R) Establishing continuing education standards for 875
clinical nurse specialists who are exempt under division (C) of 876
section 4723.41 of the Revised Code from the requirement of 878
having passed a certification examination.
Subject to Chapter 119. of the Revised Code, the board may 880
adopt other rules necessary to carry out the provisions of this 881
chapter. 882
Sec. 4723.08. (A) The board of nursing may impose fees 891
not to exceed the following limits: 892
(1) For application for licensure by examination to 894
practice nursing as a registered nurse or as a licensed practical 895
nurse, fifty dollars; 896
21
(2) For application for licensure by endorsement to 898
practice nursing as a registered nurse or as a licensed practical 899
nurse, fifty dollars; 900
(3) For application for a certificate of authority to 902
practice nursing as a certified registered nurse anesthetist, 903
clinical nurse specialist, certified nurse-midwife, or certified 905
nurse practitioner, one hundred dollars; 906
(4) FOR APPLICATION FOR A TEMPORARY DIALYSIS TECHNICIAN 908
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 909
4723.79 OF THE REVISED CODE;
(5) FOR APPLICATION FOR A FULL DIALYSIS TECHNICIAN 911
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 912
4723.79 OF THE REVISED CODE;
(6) For verification of a NURSING license or, certificate 915
OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE to another
jurisdiction, fifteen dollars; 917
(5)(7) For providing a replacement copy of a NURSING 919
license or, certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN 921
CERTIFICATE, fifteen dollars; 922
(6)(8) For biennial renewal of any A NURSING license, 925
thirty-five dollars;
(7)(9) For biennial renewal of a certificate of authority 927
to practice nursing as a certified registered nurse anesthetist, 929
clinical nurse specialist, certified nurse-midwife, or certified 931
nurse practitioner, one hundred dollars;
(8)(10) FOR BIENNIAL RENEWAL OF A DIALYSIS TECHNICIAN 933
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 935
4723.79 OF THE REVISED CODE; 936
(11) For processing a late application for renewal of any 938
A NURSING license or, certificate OF AUTHORITY, OR DIALYSIS 940
TECHNICIAN CERTIFICATE, fifty dollars; 941
(9)(12) For application for authorization to approve 943
continuing nursing education programs and courses from an 944
applicant accredited by a national accreditation system for 945
22
nursing, five hundred dollars; 946
(10)(13) For application for authorization to approve 948
continuing nursing education programs and courses from an 949
applicant not accredited by a national accreditation system for 950
nursing, one thousand dollars; 951
(11)(14) For each year for which authorization to approve 954
continuing nursing education programs and courses is renewed, one 957
hundred fifty dollars;
(12)(15) FOR APPLICATION FOR APPROVAL TO OPERATE A 959
DIALYSIS TRAINING PROGRAM, THE AMOUNT SPECIFIED IN RULES ADOPTED 960
UNDER SECTION 4723.79 OF THE REVISED CODE; 961
(16) For written verification of a NURSING license or, 964
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE, 965
other than verification to another jurisdiction, five dollars. 966
The board may contract for services pertaining to this 967
verification process and the collection of the fee, and may 968
permit the contractor to retain a portion of the fees as 969
compensation, before any amounts are deposited into the state 970
treasury. 971
(B) Each quarter, the board of nursing shall certify to 973
the director of budget and management the number of biennial 974
licenses renewed under this chapter during the preceding quarter 975
and the amount equal to that number times five dollars. 976
Sec. 4723.271. The board of nursing shall provide a 985
replacement copy of a NURSING license or, certificate OF 986
AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE issued under this 987
chapter upon request of the holder accompanied by proper 989
identification as prescribed in rules adopted by the board and 990
payment of the fee authorized under section 4723.08 of the
Revised Code. 991
Upon request of the holder of a NURSING license, 993
CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE 994
issued under this chapter and payment of the fee authorized under 996
section 4723.08 of the Revised Code, the board shall verify to an 997
23
agency of another jurisdiction or foreign country the fact that 998
the person holds such NURSING license, CERTIFICATE OF AUTHORITY, 999
OR DIALYSIS TECHNICIAN CERTIFICATE.
Sec. 4723.28. As used in this section, "dangerous drug" 1,008
and "prescription" have the same meanings as in section 4729.01 1,010
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 1,012
conducted under Chapter 119. of the Revised Code and by a vote of 1,013
a quorum, may revoke or may refuse to grant a NURSING license or, 1,015
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE to a 1,017
person found by the board to have committed fraud in passing the 1,018
AN examination REQUIRED TO OBTAIN THE LICENSE, CERTIFICATE OF 1,019
AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE or to have 1,020
committed fraud, misrepresentation, or deception in applying for 1,022
or securing any NURSING license or, certificate OF AUTHORITY, OR 1,023
DIALYSIS TECHNICIAN CERTIFICATE issued by the board. 1,026
(B) The board of nursing, pursuant to an adjudication 1,028
conducted under Chapter 119. of the Revised Code and by a vote of 1,029
a quorum, may impose one or more of the following sanctions: 1,030
deny, revoke permanently, suspend, or place restrictions on any 1,031
NURSING license or, certificate OF AUTHORITY, OR DIALYSIS 1,033
TECHNICIAN CERTIFICATE issued by the board; reprimand or 1,035
otherwise discipline a holder of a NURSING license or, 1,037
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE; or 1,038
impose a fine of not more than five hundred dollars per 1,040
violation. The sanctions may be imposed for any of the
following: 1,041
(1) Denial, revocation, suspension, or restriction of a 1,043
license to practice nursing, for any reason other than a failure 1,044
to renew, in another state or jurisdiction; or denial, 1,045
revocation, suspension, or restriction of a license AUTHORITY to 1,046
practice a health care occupation other than, INCLUDING nursing 1,049
OR PRACTICE AS A DIALYSIS TECHNICIAN, for any reason other than a 1,050
failure to renew, in Ohio or another state or jurisdiction; 1,051
24
(2) Engaging in the practice of nursing OR ENGAGING IN 1,053
PRACTICE AS A DIALYSIS TECHNICIAN, having failed to renew a 1,055
NURSING license OR DIALYSIS TECHNICIAN CERTIFICATE issued under 1,056
this chapter, or while a NURSING license OR DIALYSIS TECHNICIAN 1,057
CERTIFICATE is under suspension; 1,058
(3) Conviction of, a plea of guilty to, or a judicial 1,060
finding of guilt of a misdemeanor committed in the course of 1,061
practice; 1,062
(4) Conviction of, a plea of guilty to, or a judicial 1,064
finding of guilt of any felony or of any crime involving gross 1,065
immorality or moral turpitude; 1,066
(5) Selling, giving away, or administering drugs for other 1,068
than legal and legitimate therapeutic purposes; or conviction of, 1,069
a plea of guilty to, or a judicial finding of guilt of violating 1,070
any municipal, state, county, or federal drug law; 1,071
(6) Conviction of, a plea of guilty to, or a judicial 1,073
finding of guilt of an act in another jurisdiction that would 1,074
constitute a felony or a crime of moral turpitude in Ohio; 1,075
(7) Conviction of, a plea of guilty to, or a judicial 1,077
finding of guilt of an act in the course of practice in another 1,078
jurisdiction that would constitute a misdemeanor in Ohio; 1,079
(8) Self-administering or otherwise taking into the body 1,081
any dangerous drug in any way not in accordance with a legal, 1,082
valid prescription; 1,083
(9) Habitual indulgence in the use of controlled 1,085
substances, other habit-forming drugs, or alcohol or other 1,086
chemical substances to an extent that impairs ability to 1,087
practice; 1,088
(10) Impairment of the ability to practice according to 1,090
acceptable and prevailing standards of safe nursing care because 1,091
of habitual or excessive use of drugs, alcohol, or other chemical 1,094
substances that impair the ability to practice; 1,095
(11) Impairment of the ability to practice according to 1,097
acceptable and prevailing standards of safe nursing care because 1,098
25
of a physical or mental disability; 1,099
(12) Assaulting or causing harm to a patient or depriving 1,101
a patient of the means to summon assistance; 1,102
(13) Obtaining or attempting to obtain money or anything 1,104
of value by intentional misrepresentation or material deception 1,105
in the course of practice; 1,106
(14) Adjudication by a probate court that the license 1,108
applicant or license holder is OF BEING mentally ill or mentally 1,109
incompetent. The board may restore the PERSON'S NURSING license 1,110
OR DIALYSIS TECHNICIAN CERTIFICATE upon adjudication by a probate 1,112
court of the person's restoration to competency or upon 1,113
submission to the board of other proof of competency.
(15) The suspension or termination of employment by the 1,115
department of defense or the veterans administration of the 1,116
United States for any act that violates or would violate this 1,117
chapter; 1,118
(16) Violation of this chapter or any rules adopted under 1,120
it; 1,121
(17) Violation of any restrictions placed on a NURSING 1,123
license OR DIALYSIS TECHNICIAN CERTIFICATE by the board; 1,125
(18) Failure to use universal blood and body fluid 1,127
precautions established by rules adopted under section 4723.07 of 1,128
the Revised Code; 1,129
(19) Failure to practice in accordance with acceptable and 1,132
prevailing standards of safe nursing care OR SAFE DIALYSIS CARE; 1,133
(20) In the case of a registered nurse, engaging in 1,135
activities that exceed the practice of nursing as a registered 1,136
nurse under section 4723.02 of the Revised Code; 1,137
(21) In the case of a licensed practical nurse, engaging 1,139
in activities that exceed the practice of nursing as a licensed 1,140
practical nurse under section 4723.02 of the Revised Code; 1,141
(22) IN THE CASE OF A DIALYSIS TECHNICIAN, ENGAGING IN 1,143
ACTIVITIES THAT EXCEED THOSE PERMITTED UNDER SECTION 4723.72 OF 1,144
THE REVISED CODE;
26
(23) Aiding and abetting A PERSON in the unlicensed THAT 1,147
PERSON'S practice of nursing WITHOUT A LICENSE OR PRACTICE AS A 1,148
DIALYSIS TECHNICIAN WITHOUT A CERTIFICATE ISSUED UNDER THIS 1,149
CHAPTER;
(23)(24) In the case of a certified registered nurse 1,151
anesthetist, clinical nurse specialist, certified nurse-midwife, 1,154
or certified nurse practitioner, or a registered nurse approved 1,155
as an advanced practice nurse under section 4723.55 of the 1,156
Revised Code, either of the following: 1,157
(a) Waiving the payment of all or any part of a deductible 1,159
or copayment that a patient, pursuant to a health insurance or 1,160
health care policy, contract, or plan that covers such nursing 1,161
services, would otherwise be required to pay if the waiver is 1,162
used as an enticement to a patient or group of patients to 1,163
receive health care services from that provider; 1,164
(b) Advertising that the nurse will waive the payment of 1,166
all or any part of a deductible or copayment that a patient, 1,167
pursuant to a health insurance or health care policy, contract, 1,168
or plan that covers such nursing services, would otherwise be 1,169
required to pay. 1,170
(24)(25) Failure to comply with the terms and conditions 1,172
of participation in the alternative program for chemically 1,174
dependent nurses CHEMICAL DEPENDENCY created by section 4723.35 1,176
of the Revised Code;
(25)(26) Failure to comply with the terms and conditions 1,178
required under the practice intervention and improvement program 1,180
established under section 4723.282 of the Revised Code; 1,181
(26)(27) In the case of a certified registered nurse 1,183
anesthetist, clinical nurse specialist, certified nurse-midwife, 1,186
or certified nurse practitioner: 1,187
(a) Engaging in activities that exceed those permitted for 1,190
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 1,191
(b) Failure to meet the quality assurance standards 1,193
27
established under section 4723.07 of the Revised Code. 1,195
(27)(28) In the case of a clinical nurse specialist, 1,197
certified nurse-midwife, or certified nurse practitioner, failure 1,199
to maintain a standard care arrangement in accordance with 1,200
section 4723.431 of the Revised Code or to practice in accordance 1,201
with the standard care arrangement; 1,202
(29) REGARDLESS OF WHETHER THE CONTACT OR VERBAL BEHAVIOR 1,204
IS CONSENSUAL, ENGAGING WITH A PATIENT OTHER THAN THE SPOUSE OF 1,205
THE REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,206
TECHNICIAN IN ANY OF THE FOLLOWING: 1,207
(a) SEXUAL CONTACT, AS DEFINED IN SECTION 2907.01 OF THE 1,209
REVISED CODE;
(b) VERBAL BEHAVIOR THAT IS SEXUALLY DEMEANING TO THE 1,211
PATIENT OR MAY BE REASONABLY INTERPRETED BY THE PATIENT AS 1,212
SEXUALLY DEMEANING.
(C) If a criminal action is brought against a license 1,214
holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,215
TECHNICIAN for an act or crime described in divisions (B)(3) to 1,217
(7) of this section and the action is dismissed by the trial 1,218
court other than on the merits, the board shall hold an 1,219
adjudication hearing to determine whether the license holder 1,220
REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,221
TECHNICIAN committed the act on which the action was based. If 1,223
the board determines on the basis of the hearing that the license 1,224
holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,225
TECHNICIAN committed the act, or if the license holder REGISTERED 1,226
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN fails to 1,227
participate in the hearing, the board may take action as though 1,228
the license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,229
DIALYSIS TECHNICIAN had been convicted of the act. 1,230
If the board takes action on the basis of a conviction, 1,232
plea of guilty, or a judicial determination of guilt as described 1,233
in divisions (B)(3) to (7) of this section that is overturned on 1,234
appeal, the license holder REGISTERED NURSE, LICENSED PRACTICAL 1,235
28
NURSE, OR DIALYSIS TECHNICIAN may, on exhaustion of the appeal 1,236
process, petition the board for reconsideration of its action. 1,237
On receipt of the petition and supporting court documents, the 1,238
board shall temporarily rescind its action. If the board 1,239
determines that the decision on appeal was a decision on the 1,240
merits, it shall permanently rescind its action. If the board 1,241
determines that the decision on appeal was not a decision on the 1,242
merits, it shall hold an adjudicatory hearing to determine 1,243
whether the license holder REGISTERED NURSE, LICENSED PRACTICAL 1,244
NURSE, OR DIALYSIS TECHNICIAN committed the act on which the 1,245
original conviction, plea, or judicial determination was based. 1,246
If the board determines on the basis of the hearing that the 1,247
license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,248
DIALYSIS TECHNICIAN committed such act, or if the license holder 1,249
REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,250
TECHNICIAN does not request a hearing, the board shall reinstate 1,251
its action; otherwise, the board shall permanently rescind its 1,252
action.
Notwithstanding the provision of division (C)(2) of section 1,254
2953.32 of the Revised Code specifying that if records pertaining 1,255
to a criminal case are sealed under that section the proceedings 1,256
in the case shall be deemed not to have occurred, sealing of the 1,257
records of a conviction on which the board has based an action 1,258
under this section shall have no effect on the board's action or 1,259
any sanction imposed by the board under this section. 1,260
(D) In enforcing division (B) of this section, the board 1,262
may compel any individual licensed by this chapter REGISTERED 1,263
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN or who 1,264
has applied for licensure APPLICANT UNDER THIS CHAPTER to submit 1,265
to a mental or physical examination, or both, as required by the 1,267
board and at the expense of the individual. Failure of any 1,268
individual to submit to a mental or physical examination when 1,269
directed constitutes an admission of the allegations, unless the 1,270
failure is due to circumstances beyond the individual's control, 1,271
29
and a default and final order may be entered without the taking 1,272
of testimony or presentation of evidence. If the board finds 1,273
that an individual is impaired, the board shall require the 1,274
individual to submit to care, counseling, or treatment approved 1,275
or designated by the board, as a condition for initial, 1,276
continued, reinstated, or renewed licensure AUTHORITY to 1,277
practice. The individual shall be afforded an opportunity to 1,279
demonstrate to the board that the individual can resume the 1,281
individual's occupation in compliance with acceptable and
prevailing standards under the provisions of the individual's 1,283
license AUTHORITY TO PRACTICE. For the purpose of this section, 1,286
any individual who is licensed by this chapter REGISTERED NURSE, 1,287
LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN or makes 1,288
application for licensure APPLICANT UNDER THIS CHAPTER shall be 1,289
deemed to have given consent to submit to a mental or physical 1,290
examination when directed to do so in writing by the board, and 1,291
to have waived all objections to the admissibility of testimony 1,292
or examination reports that constitute a privileged 1,293
communication.
(E) The board shall investigate evidence that appears to 1,295
show that any person has violated any provision of this chapter 1,296
or any rule of the board. Any person may report to the board any 1,297
information the person may have that appears to show a violation 1,298
of any provision of this chapter or rule of the board. In the 1,299
absence of bad faith, any person who reports such information or 1,300
who testifies before the board in any adjudication conducted 1,302
under Chapter 119. of the Revised Code shall not be liable for 1,303
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 1,305
investigation is confidential and not subject to discovery in any 1,306
civil action, except that the board may disclose information to 1,307
law enforcement officers and government entities investigating a 1,308
person licensed by the board REGISTERED NURSE, LICENSED PRACTICAL 1,310
NURSE, OR DIALYSIS TECHNICIAN. No law enforcement officer or 1,311
30
government entity with knowledge of any information disclosed by 1,312
the board pursuant to this division shall divulge the information 1,313
to any other person or government entity except for the purpose 1,314
of an adjudication by a court or licensing or registration board 1,315
or officer to which the person to whom the information relates is
a party. 1,316
If the investigation requires a review of patient records, 1,318
the investigation and proceeding shall be conducted in such a 1,319
manner as to protect patient confidentiality. 1,320
All hearings and investigations of the board shall be 1,322
considered civil actions for the purposes of section 2305.251 of 1,323
the Revised Code. 1,324
The hearings of the board shall be conducted in accordance 1,326
with Chapter 119. of the Revised Code. The board may appoint a 1,327
hearing examiner as provided in section 119.09 to conduct any 1,328
hearing the board is empowered to hold under Chapter 119. of the 1,329
Revised Code. 1,330
In the absence of fraud or bad faith, neither the board nor 1,332
any current or former members, agents, representatives, or 1,333
employees of the board shall be held liable in damages to any 1,334
person as the result of any act, omission, proceeding, conduct, 1,335
or decision related to their official duties undertaken or 1,336
performed pursuant to this chapter. If a current or former 1,337
member, agent, representative, or employee requests the state to 1,338
defend the individual against any claim or action arising out of 1,339
any act, omission, proceeding, conduct, or decision related to 1,341
the individual's official duties, if the request is made in 1,343
writing at a reasonable time before trial, and if the individual 1,344
requesting defense cooperates in good faith in the defense of the 1,345
claim or action, the state shall provide and pay for such defense 1,346
and shall pay any resulting judgment, compromise, or settlement. 1,347
At no time shall the state pay that part of a claim or judgment 1,348
that is for punitive or exemplary damages. 1,349
(F) Any action taken by the board under this section 1,351
31
resulting in a suspension from practice shall be accompanied by a 1,352
written statement of the conditions under which the person may be 1,353
reinstated to practice. 1,354
(G) No unilateral surrender of a NURSING license, 1,356
CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE 1,357
issued under this chapter shall be effective unless accepted by 1,359
majority vote of the board. No application for a NURSING 1,360
license, CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN 1,361
CERTIFICATE issued under this chapter may be withdrawn without a 1,362
majority vote of the board.
(H) Notwithstanding division (B)(23)(24) of this section, 1,364
sanctions shall not be imposed against any licensee who waives 1,365
deductibles and copayments: 1,366
(1) In compliance with the health benefit plan that 1,368
expressly allows such a practice. Waiver of the deductibles or 1,369
copayments shall be made only with the full knowledge and consent 1,370
of the plan purchaser, payer, and third-party administrator. The 1,371
consent shall be made available to the board upon request. 1,372
(2) For professional services rendered to any other person 1,374
licensed pursuant to this chapter to the extent allowed by this 1,375
chapter and the rules of the board. 1,376
Sec. 4723.281. (A) As used in this section, with regard 1,385
to offenses committed in Ohio, "aggravated murder," "murder," 1,386
"voluntary manslaughter," "felonious assault," "kidnapping," 1,387
"rape," "sexual battery," "aggravated arson," and "aggravated 1,388
burglary" mean such offenses as defined in Title XXIX of the 1,389
Revised Code; with regard to offenses committed in other 1,390
jurisdictions, the terms mean offenses comparable to offenses 1,391
defined in Title XXIX of the Revised Code. 1,392
(B) The board of nursing may impose a summary suspension 1,394
without a hearing on a person licensed WHO HOLDS A NURSING 1,395
LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under this 1,397
chapter if it determines that there is evidence that the license 1,398
OR CERTIFICATE holder is subject to actions under division (B) of 1,400
32
section 4723.28 of the Revised Code and that there is clear and 1,401
convincing evidence that continued practice by the license OR 1,402
CERTIFICATE holder presents a danger of immediate and serious 1,404
harm to the public. The president and the executive director of 1,405
the board shall make a preliminary determination and describe the 1,406
evidence on which they made their determination to the other 1,407
members of the board. The board may by resolution designate 1,408
another board member to act in place of the president of the 1,409
board and another employee to act in the place of the executive 1,410
director, in the event that the board president or executive 1,411
director is unavailable or unable to act. On consideration of the 1,412
evidence, the board may by an affirmative vote of seven members, 1,413
not including the president of the board or the person named to 1,414
act in place of the president, impose the summary suspension. 1,415
The description of the evidence and information may be given and 1,416
the vote taken by telephone conference call. 1,417
Immediately following the decision to impose a summary 1,419
suspension under this division, the board shall issue a written 1,420
order of suspension and cause it to be delivered by certified 1,421
mail or in person in accordance with section 119.07 of the 1,422
Revised Code. The order shall not be subject to suspension by 1,423
the court during the pendency of any appeal filed under section 1,424
119.12 of the Revised Code. If the license OR CERTIFICATE holder 1,425
requests an adjudication hearing, the date set for the hearing 1,427
shall be within fifteen days but not earlier than seven days 1,428
after the license OR CERTIFICATE holder has requested a hearing, 1,429
unless another date is agreed to by both the license OR 1,431
CERTIFICATE holder and the board. The summary suspension shall 1,433
remain in effect, unless reversed by the board, until a final 1,434
adjudication order issued by the board pursuant to this section 1,435
and Chapter 119. of the Revised Code becomes effective. 1,436
The board shall issue its final adjudication order within 1,438
ninety days after completion of the hearing. If the board does 1,439
not issue such order within the ninety-day period, the summary 1,440
33
suspension shall be void, but any final adjudication order issued 1,441
subsequent to the ninety-day period shall not be affected. 1,442
(C) The license OR CERTIFICATE of a person licensed under 1,445
this chapter REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR
DIALYSIS TECHNICIAN is automatically suspended on that person's 1,447
conviction, plea of guilty, or judicial determination of guilt of 1,448
any of the following in Ohio or any other jurisdiction of the 1,449
United States: aggravated murder, murder, voluntary manslaughter, 1,450
felonious assault, kidnapping, rape, sexual battery, aggravated 1,451
arson, or aggravated burglary. The suspension shall remain in 1,452
effect from the date of the conviction, plea, or finding until an 1,453
adjudicatory hearing is held under Chapter 119. of the Revised 1,454
Code. If the board has knowledge that an automatic suspension 1,455
has occurred, it shall notify the license holder REGISTERED 1,456
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN. If the 1,458
license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,459
DIALYSIS TECHNICIAN is notified and either fails to request an 1,460
adjudicatory hearing within the time periods established by 1,462
Chapter 119. of the Revised Code or fails to participate in the 1,463
hearing, the board may enter a final order revoking the PERSON'S 1,464
license OR CERTIFICATE. 1,465
Sec. 4723.282. (A) As used in this section, "practice 1,475
deficiency" means any activity that does not meet acceptable and 1,476
prevailing standards of safe and effective nursing care OR 1,477
DIALYSIS CARE.
(B) The board of nursing may abstain from taking 1,479
disciplinary action under section 4723.28 of the Revised Code 1,481
against the holder of a license or certificate issued under this 1,482
chapter who has a practice deficiency that has been identified by 1,483
the board through an investigation conducted under section 1,484
4723.28 of the Revised Code. The board may abstain from taking 1,485
action only if the board has reason to believe that the 1,486
individual's practice deficiency can be corrected through 1,487
remediation, and if the individual enters into an agreement with 1,488
34
the board to seek remediation as prescribed by the board, 1,489
complies with the terms and conditions of the remediation, and 1,490
successfully completes the remediation. If an individual fails 1,491
to complete the remediation or the board determines that 1,492
remediation cannot correct the individual's practice deficiency, 1,493
the board shall proceed with disciplinary action in accordance 1,494
with section 4723.28 of the Revised Code. 1,495
(C) To implement its authority under this section to 1,497
abstain from taking disciplinary action, the board shall 1,498
establish a practice intervention and improvement program. The 1,499
board shall designate an administrator to operate the program 1,500
and, in accordance with Chapter 119. of the Revised Code, adopt 1,502
rules for the program that establish the following: 1,503
(1) Criteria for use in identifying an individual's 1,505
practice deficiency; 1,506
(2) Requirements that an individual must meet to be 1,508
eligible for remediation and the board's abstention from 1,509
disciplinary action; 1,510
(3) Standards and procedures for prescribing remediation 1,512
that is appropriate for an individual's identified practice 1,513
deficiency; 1,514
(4) Terms and conditions that an individual must meet to 1,516
be successful in completing the remediation prescribed; 1,517
(5) Procedures for the board's monitoring of the 1,519
individual's remediation; 1,520
(6) Procedures for maintaining confidential records 1,522
regarding individuals who participate in remediation; 1,523
(7) Any other requirements or procedures necessary to 1,525
develop and administer the program. 1,526
(D) All records held by the board for purposes of the 1,528
program shall be confidential, are not public records for 1,529
purposes of section 149.43 of the Revised Code, and are not 1,531
subject to discovery by subpoena or admissible as evidence in any 1,532
judicial proceeding. The administrator of the program shall 1,533
35
maintain all records in the board's office in accordance with the 1,534
board's record retention schedule.
(E) When an individual begins the remediation prescribed 1,537
by the board, the individual shall sign a waiver permitting any 1,538
entity that provides services related to the remediation to 1,539
release to the board information regarding the individual's 1,540
progress. An entity that provides services related to 1,541
remediation shall report to the board if the individual fails to 1,542
complete the remediation.
In the absence of fraud or bad faith, an entity that 1,544
reports to the board regarding an individual's practice 1,545
deficiency, or progress or lack of progress in remediation, is 1,546
not liable in damages to any person as a result of making the 1,547
report.
(F) An individual participating in remediation prescribed 1,550
under this section is responsible for all financial obligations 1,551
that may arise from obtaining or completing the remediation. 1,552
Sec. 4723.34. (A) Every employer of registered nurses or, 1,561
licensed practical nurses, OR DIALYSIS TECHNICIANS shall report 1,562
to the board of nursing the name of any person licensed WHO HOLDS 1,564
A NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under 1,566
this chapter whose employment has been terminated voluntarily or 1,567
involuntarily because of conduct that would be grounds for 1,568
disciplinary action by the board under division (B) of section 1,569
4723.28 of the Revised Code. 1,570
(B) Nursing associations shall report to the board the 1,572
name of any registered nurse or licensed practical nurse who has 1,573
been investigated and found to constitute a danger to the public 1,574
health, safety, and welfare because of conduct that would be 1,575
grounds for disciplinary action by the board under section 1,576
4723.28 of the Revised Code, except that a nursing association is 1,577
not required to report the name of such a nurse if the nurse is 1,578
maintaining satisfactory participation in a peer support program 1,579
approved by the board under rules adopted under section 4723.07 1,580
36
of the Revised Code. 1,581
(C) If the prosecutor in a case described in divisions 1,583
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a 1,584
case where the trial court issued an order of dismissal upon 1,585
technical or procedural grounds of a charge of a misdemeanor 1,586
committed in the course of practice, a felony charge, or a charge 1,587
of gross immorality or moral turpitude, knows or has reason to 1,588
believe that the person charged is licensed under this chapter to 1,589
practice nursing as a registered nurse or as a licensed practical 1,590
nurse OR HOLDS A CERTIFICATE ISSUED UNDER THIS CHAPTER TO 1,592
PRACTICE AS A DIALYSIS TECHNICIAN, the prosecutor shall notify
the board of nursing on forms prescribed and provided by the 1,594
board. The report shall include the name and address of the 1,595
license OR CERTIFICATE holder, the charge, and the certified 1,597
court documents recording the action.
(D) If any person fails to provide a report required by 1,599
this section, the board may seek an order from a court of 1,600
competent jurisdiction compelling submission of the report. 1,601
Sec. 4723.341. As used in this section, "person" has the 1,610
same meaning as in section 1.59 of the Revised Code and also 1,611
includes the board of nursing and its members and employees; 1,612
health care facilities, associations, and societies; insurers; 1,613
and individuals. 1,614
In the absence of fraud or bad faith, no person reporting 1,616
to the board of nursing or testifying in an adjudication hearing 1,617
conducted under Chapter 119. of the Revised Code with regard to 1,618
alleged incidents of negligence or malpractice, matters subject 1,619
to section 2301.373 or 4723.28 of the Revised Code, violations of 1,620
section 4723.34 of the Revised Code, or the qualifications, 1,621
fitness, or character of a person licensed or applying for a 1,622
license to practice nursing as a registered nurse or licensed 1,623
practical nurse, OR HOLDING OR APPLYING FOR A CERTIFICATE TO 1,624
PRACTICE AS A DIALYSIS TECHNICIAN, shall be subject to any civil 1,625
action or liable for damages as a result of making the report or 1,627
37
testifying.
In the absence of fraud or bad faith, no professional 1,629
association of individuals who are licensed under this chapter 1,630
REGISTERED NURSES OR LICENSED PRACTICAL NURSES that sponsors a 1,632
committee or program to provide peer assistance to nurses with 1,633
substance abuse problems, no representative or agent of such a 1,634
committee or program, and no member of the board of nursing shall 1,635
be liable to any person for damages in a civil action by reason 1,636
of actions taken to refer a nurse to a treatment provider 1,637
designated by the board or actions or omissions of the provider 1,638
in treating a nurse.
Sec. 4723.35. (A) As used in this section, "chemical 1,647
dependency" means either of the following: 1,648
(1) The chronic and habitual use of alcoholic beverages to 1,650
the extent that the user no longer can control the use of alcohol 1,651
or endangers the user's health, safety, or welfare or that of 1,652
others;
(2) The use of a drug of abuse, as defined in section 1,654
3719.011 of the Revised Code, to the extent that the user becomes 1,655
physically or psychologically dependent on the drug or endangers 1,656
the user's health, safety, or welfare or that of others. 1,657
(B) The board of nursing shall establish a chemical 1,659
dependency treatment MONITORING program, which shall be called 1,660
the alternative program for chemically dependent nurses CHEMICAL 1,663
DEPENDENCY. The progarm PROGRAM shall be available to registered 1,664
nurses and licensed practical nurses PERSONS who HOLD A NURSING 1,665
LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED UNDER THIS 1,666
CHAPTER, have a chemical dependency, and meet eligibility 1,668
requirements. The board shall develop the program and designate 1,669
an administrator to operate it, and shall adopt rules in 1,670
accordance with Chapter 119. of the Revised Code that establish 1,671
the following:
(1) Eligibility requirements for participation; 1,673
(2) Terms and conditions a nurse PARTICIPANT must meet to 1,675
38
successfully complete the program; 1,677
(3) Procedures for keeping confidential records regarding 1,679
participants;
(4) Any other requirements or procedures necessary to 1,681
establish and administer the program. 1,682
(C) A registered nurse or licensed practical nurse PERSON 1,684
WHO HOLDS A NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE 1,685
ISSUED UNDER THIS CHAPTER may voluntarily seek treatment for any 1,687
chemical dependency that may be grounds for disciplinary action 1,689
by the board under division (B) of section 4723.28 of the Revised
Code. The board of nursing may abstain from taking disciplinary 1,692
action against a nurse PERSON who voluntarily seeks treatment if 1,693
it finds that the nurse PERSON can be treated effectively and 1,695
that there is no impairment of ability to practice according to 1,696
acceptable and prevailing standards of safe nursing OR DIALYSIS 1,697
care. The board may require, as a condition of its abstention, 1,699
that the nurse PERSON participate in the alternative program for 1,701
chemically dependent nurses CHEMICAL DEPENDENCY, comply with the 1,702
terms and conditions of the program, and successfully complete 1,704
it.
(D) A nurse PERSON who voluntarily participates in the 1,706
alternative program for chemically dependent nurses CHEMICAL 1,708
DEPENDENCY without being referred by the board and complies with 1,710
the terms and conditions of the program and the requirements of 1,711
this section shall not be subject to investigation or
disciplinary action by the board for chemical dependency. The 1,712
nurse PERSON shall report to the board any failure to comply with 1,714
the terms and conditions of the program or successfully complete 1,715
it.
(E) Except as provided in division (F) of this section, 1,717
all records, including medical records, chemical dependency 1,719
records, and mental health records, of a participant in the 1,720
program shall be confidential, are not public records for the 1,721
purposes of section 149.43 of the Revised Code, and are not
39
subject to discovery by subpoena or admissible as evidence in any 1,723
judicial proceeding. The administrator of the program shall 1,724
maintain all records in the board's office for a period of five 1,725
years.
(F) On commencement of participation in the program, a 1,728
registered nurse or licensed practical nurse PERSON shall sign a 1,729
waiver permitting the program administrator to release to the 1,730
board the nurse's PERSON'S records if the nurse PERSON fails to 1,732
comply with the terms and conditions of the program, does not 1,733
successfully complete the program, or is unable to practice 1,735
according to acceptable and prevailing standards of safe nursing 1,737
care OR DIALYSIS CARE due to chemical dependency. The 1,739
administrator shall report to the board any such nurse PERSON and 1,740
release the nurse's PERSON'S records to it. The board shall then 1,742
investigate in accordance with division (E) of section 4723.28 of 1,743
the Revised Code.
(G) In the absence of fraud or bad faith, any person 1,745
reporting to the program with regard to a nurse's chemical 1,747
dependence OF A PERSON WHO HOLDS A NURSING LICENSE OR DIALYSIS 1,748
TECHNICIAN CERTIFICATE ISSUED UNDER THIS CHAPTER, or the progress 1,750
or lack of progress of that nurse PERSON with regard to
treatment, shall be immune from any civil action and shall not be 1,752
liable for civil damages as a result of the report. 1,753
Sec. 4723.63. On receipt of a notice pursuant to section 1,762
2301.373 of the Revised Code, the board of nursing shall comply 1,763
with that section with respect to a NURSING license OR DIALYSIS 1,764
TECHNICIAN CERTIFICATE issued pursuant to this chapter. 1,766
Sec. 4723.71. (A) THERE IS HEREBY ESTABLISHED, UNDER THE 1,769
BOARD OF NURSING, THE ADVISORY GROUP ON DIALYSIS. THE ADVISORY 1,770
GROUP SHALL ADVISE THE BOARD OF NURSING REGARDING THE 1,771
QUALIFICATIONS, STANDARDS FOR TRAINING, AND COMPETENCE OF 1,772
DIALYSIS TECHNICIANS AND ALL OTHER MATTERS RELATED TO DIALYSIS 1,773
TECHNICIANS. THE ADVISORY GROUP SHALL CONSIST OF THE MEMBERS 1,775
APPOINTED UNDER DIVISIONS (B) AND (C) OF THIS SECTION. A MEMBER 1,777
40
OF THE BOARD OF NURSING OR A REPRESENTATIVE APPOINTED BY THE 1,778
BOARD SHALL SERVE AS CHAIRPERSON OF ALL MEETINGS OF THE ADVISORY 1,779
GROUP.
(B) THE BOARD OF NURSING SHALL APPOINT THE FOLLOWING AS 1,782
MEMBERS OF THE ADVISORY GROUP: 1,783
(1) FOUR DIALYSIS TECHNICIANS; 1,785
(2) A REGISTERED NURSE WHO REGULARLY PERFORMS DIALYSIS AND 1,788
CARES FOR PATIENTS WHO RECEIVE DIALYSIS;
(3) A PHYSICIAN, RECOMMENDED BY THE STATE MEDICAL BOARD, 1,790
WHO SPECIALIZES IN NEPHROLOGY; 1,791
(4) AN ADMINISTRATOR OF A DIALYSIS CENTER; 1,793
(5) A DIALYSIS PATIENT; 1,795
(6) A REPRESENTATIVE OF THE ASSOCIATION FOR HOSPITALS AND 1,797
HEALTH SYSTEMS (OHA); 1,798
(7) A REPRESENTATIVE FROM THE END-STAGE RENAL DISEASE 1,800
NETWORK, AS DEFINED IN 42 C.F.R. 405.2102. 1,803
(C) THE MEMBERS OF THE ADVISORY GROUP APPOINTED UNDER 1,806
DIVISION (B) OF THIS SECTION MAY RECOMMEND ADDITIONAL PERSONS TO 1,809
SERVE AS MEMBERS OF THE ADVISORY GROUP. THE BOARD OF NURSING MAY
APPOINT, AS APPROPRIATE, ANY OF THE ADDITIONAL PERSONS 1,811
RECOMMENDED.
(D) THE BOARD OF NURSING SHALL SPECIFY THE TERMS FOR THE 1,814
ADVISORY GROUP MEMBERS. MEMBERS SHALL SERVE AT THE DISCRETION OF 1,816
THE BOARD OF NURSING. MEMBERS SHALL RECEIVE THEIR ACTUAL AND 1,817
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL 1,819
DUTIES.
(E) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 1,823
THE ADVISORY GROUP. 1,824
Sec. 4723.72. (A) A DIALYSIS TECHNICIAN MAY ENGAGE IN 1,826
DIALYSIS CARE BY DOING THE FOLLOWING: 1,827
(1) PERFORMING AND MONITORING DIALYSIS PROCEDURES, 1,829
INCLUDING INITIATING, MONITORING, AND DISCONTINUING DIALYSIS; 1,830
(2) DRAWING BLOOD; 1,832
(3) ADMINISTERING ANY OF THE MEDICATIONS SPECIFIED IN 1,834
41
DIVISION (C) OF THIS SECTION WHEN THE ADMINISTRATION IS ESSENTIAL 1,835
TO THE DIALYSIS PROCESS; 1,837
(4) RESPONDING TO COMPLICATIONS THAT ARISE DURING 1,839
DIALYSIS.
(B) A DIALYSIS TECHNICIAN MAY PROVIDE THE DIALYSIS CARE 1,841
SPECIFIED IN DIVISION (A) OF THIS SECTION ONLY IF THE CARE HAS 1,842
BEEN DELEGATED TO THE TECHNICIAN BY A PHYSICIAN OR REGISTERED 1,843
NURSE AND THE TECHNICIAN IS UNDER THE SUPERVISION OF A PHYSICIAN 1,845
OR REGISTERED NURSE. SUPERVISION REQUIRES THAT THE DIALYSIS 1,846
TECHNICIAN BE IN THE IMMEDIATE PRESENCE OF A PHYSICIAN OR 1,847
REGISTERED NURSE, OR, IN THE CASE OF DIALYSIS CARE PROVIDED IN A 1,848
PATIENT'S HOME, THAT THE DIALYSIS TECHNICIAN BE SUPERVISED IN 1,849
ACCORDANCE WITH THE RULES ADOPTED UNDER SECTION 4723.79 OF THE 1,850
REVISED CODE FOR SUPERVISION OF DIALYSIS TECHNICIANS WHO PROVIDE 1,851
DIALYSIS CARE IN A PATIENT'S HOME. DIVISION (E)(5) OF SECTION 1,852
4723.73 OF THE REVISED CODE DOES NOT ALLOW A DIALYSIS TECHNICIAN 1,853
WHO PROVIDES DIALYSIS CARE IN A PATIENT'S HOME TO PROVIDE 1,854
DIALYSIS CARE THAT IS NOT AUTHORIZED UNDER THIS SECTION.
(C) A DIALYSIS TECHNICIAN MAY ADMINISTER MEDICATION ONLY 1,857
AS ORDERED BY A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 1,858
PRESCRIBE DRUGS AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE 1,859
AND IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN RULES ADOPTED 1,860
UNDER SECTION 4723.79 OF THE REVISED CODE. A DIALYSIS TECHNICIAN 1,863
MAY ADMINISTER ONLY THE FOLLOWING MEDICATIONS: 1,864
(1) INTRADERMAL LIDOCAINE OR OTHER SINGLE THERAPEUTICALLY 1,866
EQUIVALENT LOCAL ANESTHETIC FOR THE PURPOSE OF INITIATING 1,867
DIALYSIS TREATMENT;
(2) INTRAVENOUS HEPARIN OR OTHER SINGLE THERAPEUTICALLY 1,869
EQUIVALENT ANTICOAGULANT FOR THE PURPOSE OF INITIATING AND 1,870
MAINTAINING DIALYSIS TREATMENT; 1,871
(3) INTRAVENOUS NORMAL SALINE; 1,873
(4) PATIENT-SPECIFIC DIALYSATE, TO WHICH THE PERSON MAY 1,875
ADD ELECTROLYTES BUT NO OTHER ADDITIVES OR MEDICATIONS. 1,876
Sec. 4723.73. (A) NO PERSON SHALL CLAIM TO THE PUBLIC TO 1,879
42
BE A DIALYSIS TECHNICIAN UNLESS THE PERSON HOLDS A CURRENT, VALID 1,880
CERTIFICATE ISSUED UNDER SECTION 4723.75 OR RENEWED UNDER SECTION 1,882
4723.77 OR A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED UNDER 1,883
SECTION 4723.76 OF THE REVISED CODE. 1,885
(B) NO PERSON SHALL USE THE TITLE "OHIO CERTIFIED DIALYSIS 1,889
TECHNICIAN," THE INITIALS "OCDT," OR ANY OTHER TITLE OR INITIALS 1,892
TO REPRESENT THAT THE PERSON IS AUTHORIZED TO PERFORM DIALYSIS 1,893
CARE AS A FULLY CERTIFIED DIALYSIS TECHNICIAN, UNLESS THE PERSON 1,894
HOLDS A CURRENT, VALID CERTIFICATE ISSUED UNDER SECTION 4723.75 1,895
OR RENEWED UNDER SECTION 4723.77 OF THE REVISED CODE. 1,896
(C) NO PERSON SHALL USE ANY TITLE OR INITIALS TO REPRESENT 1,898
THAT THE PERSON IS AUTHORIZED TO PERFORM DIALYSIS CARE AS A 1,899
TEMPORARILY CERTIFIED DIALYSIS TECHNICIAN, UNLESS THE PERSON 1,900
HOLDS A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED UNDER SECTION 1,901
4723.76 OF THE REVISED CODE. 1,902
(D) NO DIALYSIS TECHNICIAN SHALL ENGAGE IN DIALYSIS CARE 1,904
IN A MANNER THAT IS INCONSISTENT WITH SECTION 4723.72 OF THE 1,906
REVISED CODE. 1,907
(E) NO PERSON OTHER THAN A DIALYSIS TECHNICIAN SHALL 1,909
ENGAGE IN THE DIALYSIS CARE THAT IS AUTHORIZED BY SECTION 4723.72 1,911
OF THE REVISED CODE, UNLESS ONE OF THE FOLLOWING APPLIES: 1,913
(1) THE PERSON IS A REGISTERED NURSE OR LICENSED PRACTICAL 1,915
NURSE. 1,916
(2) THE PERSON IS A PHYSICIAN. 1,918
(3) THE PERSON IS A STUDENT PERFORMING DIALYSIS CARE UNDER 1,920
THE SUPERVISION OF AN INSTRUCTOR AS AN INTEGRAL PART OF A 1,921
DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER 1,922
SECTION 4723.74 OF THE REVISED CODE. 1,923
(4) THE PERSON IS A DIALYSIS PATIENT WHO HAS BEEN TRAINED 1,925
TO ENGAGE IN THE DIALYSIS CARE WITH LITTLE OR NO PROFESSIONAL 1,926
ASSISTANCE BY COMPLETING A MEDICARE-APPROVED SELF-DIALYSIS OR 1,927
HOME DIALYSIS TRAINING PROGRAM. 1,928
(5) THE PERSON IS A FAMILY MEMBER OR FRIEND OF A DIALYSIS 1,930
PATIENT WHO ENGAGES IN SELF-DIALYSIS OR HOME DIALYSIS, AND THE 1,931
43
PERSON ENGAGES IN THE DIALYSIS CARE BY ASSISTING THE PATIENT IN 1,932
PERFORMING THE SELF-DIALYSIS OR HOME DIALYSIS, AFTER THE PERSON 1,933
PROVIDING THE ASSISTANCE HAS COMPLETED A MEDICARE-APPROVED 1,935
SELF-DIALYSIS OR HOME DIALYSIS TRAINING PROGRAM FOR THE 1,936
PARTICULAR DIALYSIS PATIENT BEING ASSISTED.
(F) NO PERSON SHALL OPERATE A DIALYSIS TRAINING PROGRAM, 1,938
UNLESS THE PROGRAM IS APPROVED BY THE BOARD OF NURSING UNDER 1,939
SECTION 4723.74 OF THE REVISED CODE. 1,940
Sec. 4723.74. A PERSON WHO SEEKS TO OPERATE A DIALYSIS 1,942
TRAINING PROGRAM SHALL APPLY TO THE BOARD OF NURSING FOR APPROVAL 1,943
OF THE PROGRAM. APPLICATIONS SHALL BE SUBMITTED IN ACCORDANCE 1,945
WITH RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 1,947
THE PERSON SHALL INCLUDE WITH THE APPLICATION THE FEE PRESCRIBED 1,949
IN THOSE RULES. IF THE PROGRAM MEETS THE REQUIREMENTS FOR 1,950
APPROVAL AS SPECIFIED IN THE RULES, THE BOARD SHALL APPROVE THE 1,951
PROGRAM. THE BOARD MAY WITHDRAW THE APPROVAL OF A PROGRAM THAT 1,952
CEASES TO MEET THE REQUIREMENTS FOR APPROVAL. A PROGRAM SHALL
APPLY FOR REAPPROVAL AND MAY BE REAPPROVED IN ACCORDANCE WITH 1,953
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 1,954
Sec. 4723.75. (A) THE BOARD OF NURSING SHALL ISSUE A 1,957
CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A PERSON WHO 1,958
MEETS ALL OF THE FOLLOWING REQUIREMENTS: 1,959
(1) THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH 1,961
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND 1,964
INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES. 1,965
(2) THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND 1,967
POSSESSES A HIGH SCHOOL DIPLOMA OR HIGH SCHOOL EQUIVALENCE 1,968
DIPLOMA. 1,969
(3) THE PERSON MEETS THE REQUIREMENTS ESTABLISHED BY THE 1,971
BOARD'S RULES. 1,972
(4) THE PERSON DEMONSTRATES COMPETENCY TO PRACTICE AS A 1,974
DIALYSIS TECHNICIAN, AS SPECIFIED UNDER DIVISION (B) OF THIS 1,975
SECTION.
(B) FOR A PERSON TO DEMONSTRATE COMPETENCE TO PRACTICE AS 1,977
44
A DIALYSIS TECHNICIAN, ONE OF THE FOLLOWING MUST APPLY: 1,978
(1) THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 1,980
(a) THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS 1,983
TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF 1,984
THE REVISED CODE. 1,985
(b) THE PERSON HAS BEEN EMPLOYED TO PERFORM DIALYSIS CARE 1,988
BY A DIALYSIS PROVIDER FOR NOT LESS THAN TWELVE MONTHS PRIOR TO 1,989
THE DATE OF APPLICATION.
(c) THE PERSON PASSES A CERTIFICATION EXAMINATION 1,991
DEMONSTRATING COMPETENCE TO PERFORM DIALYSIS CARE. THE PERSON 1,993
MUST PASS THE EXAMINATION NOT LATER THAN EIGHTEEN MONTHS AFTER 1,995
ENTERING A DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD UNDER 1,996
SECTION 4723.74 OF THE REVISED CODE. A PERSON WHO DOES NOT PASS 1,997
THE EXAMINATION WITHIN EIGHTEEN MONTHS AFTER ENTERING A DIALYSIS 1,998
TRAINING PROGRAM MUST REPEAT AND SUCCESSFULLY COMPLETE THE 1,999
TRAINING PROGRAM, OR SUCCESSFULLY COMPLETE ANOTHER DIALYSIS 2,000
TRAINING PROGRAM APPROVED BY THE BOARD, AND PASS THE EXAMINATION 2,001
NOT LESS THAN SIX MONTHS AFTER ENTERING THE NEW OR REPEATED 2,002
PROGRAM. A PERSON WHO DOES NOT PASS THE EXAMINATION WITHIN SIX 2,003
MONTHS AFTER ENTERING THE NEW OR REPEATED PROGRAM MUST WAIT AT 2,004
LEAST ONE YEAR BEFORE ENTERING OR REENTERING ANY DIALYSIS 2,005
TRAINING PROGRAM APPROVED BY THE BOARD, AFTER WHICH THE PERSON 2,006
MUST SUCCESSFULLY COMPLETE A DIALYSIS TRAINING PROGRAM APPROVED 2,007
BY THE BOARD AND PASS THE EXAMINATION NOT LATER THAN SIX MONTHS 2,008
AFTER ENTERING THE PROGRAM. 2,009
(2) THE PERSON MEETS BOTH OF THE FOLLOWING REQUIREMENTS: 2,011
(a) THE PERSON HOLDS, ON THE EFFECTIVE DATE OF THIS 2,014
SECTION, A CURRENT, VALID CERTIFICATE FROM A QUALIFYING TESTING
ORGANIZATION SPECIFIED BY THE BOARD UNDER DIVISION (B) OF SECTION 2,016
4723.751 OF THE REVISED CODE OR PROVIDES EVIDENCE SATISFACTORY TO 2,017
THE BOARD OF HAVING PASSED THE EXAMINATION OF A QUALIFYING 2,018
TESTING ORGANIZATION NOT LONGER THAN FIVE YEARS PRIOR TO THE 2,021
EFFECTIVE DATE OF THIS SECTION.
(b) THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON PROVIDES 2,024
45
THE BOARD WITH THE INFORMATION SPECIFIED IN RULES ADOPTED UNDER
SECTION 4723.79 OF THE REVISED CODE ATTESTING TO THE PERSON'S 2,026
COMPETENCE TO PERFORM DIALYSIS CARE. 2,027
(3) THE PERSON SUBMITS EVIDENCE SATISFACTORY TO THE BOARD 2,030
THAT THE PERSON HOLDS A CURRENT, VALID LICENSE, CERTIFICATE, OR 2,031
OTHER AUTHORIZATION TO PERFORM DIALYSIS CARE ISSUED BY ANOTHER 2,032
STATE THAT HAS STANDARDS FOR DIALYSIS TECHNICIANS THAT THE BOARD 2,033
CONSIDERS SUBSTANTIALLY SIMILAR TO THOSE ESTABLISHED UNDER
SECTIONS 4723.71 TO 4723.79 OF THE REVISED CODE. 2,036
Sec. 4723.751. (A) THE BOARD OF NURSING SHALL EITHER 2,038
CONDUCT DIALYSIS TECHNICIAN CERTIFICATION EXAMINATIONS ITSELF OR, 2,040
IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4723.79 OF THE 2,041
REVISED CODE, APPROVE TESTING ORGANIZATIONS TO CONDUCT THE 2,043
EXAMINATIONS. IF IT CONDUCTS THE EXAMINATIONS, THE BOARD MAY USE 2,044
ALL OR PART OF A STANDARD EXAMINATION CREATED BY A TESTING 2,045
ORGANIZATION APPROVED BY THE BOARD. REGARDLESS OF WHO CONDUCTS 2,046
IT, THE EXAMINATION SHALL COVER ALL OF THE SUBJECTS SPECIFIED IN 2,048
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 2,050
(B) THE BOARD SHALL SPECIFY THE TESTING ORGANIZATIONS THAT 2,052
QUALIFY A PERSON TO DEMONSTRATE COMPETENCE TO PRACTICE AS A 2,053
DIALYSIS TECHNICIAN PURSUANT TO DIVISION (B)(2) OF SECTION 2,054
4723.75 OF THE REVISED CODE. 2,055
Sec. 4723.76. (A) THE BOARD OF NURSING SHALL ISSUE A 2,057
TEMPORARY CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A 2,058
PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS: 2,059
(1) THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH 2,061
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND 2,063
INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES. 2,064
(2) THE PERSON PROVIDES DOCUMENTATION FROM THE PERSON'S 2,066
EMPLOYER THAT DEMONSTRATES THAT THE PERSON IS COMPETENT TO 2,067
PERFORM DIALYSIS CARE. 2,068
(3) ONE OF THE FOLLOWING APPLIES: 2,070
(a) THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS 2,072
TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER SECTION 2,073
46
4723.74 OF THE REVISED CODE. 2,074
(b) THE PERSON IS, ON THE EFFECTIVE DATE OF THIS SECTION, 2,076
EMPLOYED AS A DIALYSIS TECHNICIAN BUT HAS BEEN SO EMPLOYED FOR 2,077
LESS THAN TWELVE MONTHS. 2,078
(c) THE PERSON HAS EXPERIENCE AS A DIALYSIS TECHNICIAN IN 2,080
A JURISDICTION THAT DOES NOT LICENSE OR CERTIFY DIALYSIS 2,081
TECHNICIANS AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM 2,082
THAT IS SUBSTANTIALLY SIMILAR TO A PROGRAM APPROVED BY THE BOARD. 2,083
(B) A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS 2,085
THE REQUIREMENT IN DIVISION (A)(3)(a) OF THIS SECTION IS VALID 2,087
FOR EIGHTEEN MONTHS FROM THE DATE ON WHICH THE HOLDER ENTERED A 2,088
DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION 2,089
4723.74 OF THE REVISED CODE.
A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE 2,092
REQUIREMENT IN DIVISION (A)(3)(b) OF THIS SECTION IS VALID FOR 2,094
THE NUMBER OF MONTHS EQUAL TO EIGHTEEN MONTHS MINUS THE NUMBER OF 2,095
MONTHS THE PERSON HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN. 2,096
A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE 2,099
REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION AND HAS BEEN 2,100
WORKING AS A DIALYSIS TECHNICIAN FOR TWELVE MONTHS OR LONGER IS 2,101
VALID FOR SIX MONTHS. A TEMPORARY CERTIFICATE ISSUED TO A PERSON 2,102
WHO MEETS THE REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION 2,103
AND HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN FOR LESS THAN 2,104
TWELVE MONTHS IS VALID FOR THE NUMBER OF MONTHS EQUAL TO EIGHTEEN 2,105
MONTHS MINUS THE NUMBER OF MONTHS THE PERSON HAS BEEN EMPLOYED AS 2,106
A DIALYSIS TECHNICIAN.
(C) A TEMPORARY CERTIFICATE ISSUED UNDER THIS SECTION MAY 2,109
BE RENEWED ONCE IF THE HOLDER ENROLLS OR RE-ENROLLS IN A DIALYSIS 2,110
TRAINING PROGRAM APPROVED BY THE BOARD. A TEMPORARY CERTIFICATE 2,111
THAT HAS BEEN RENEWED IS NOT RENEWABLE. A PERSON HOLDING A 2,112
TEMPORARY CERTIFICATE SHALL PROVIDE A COPY OF THE TEMPORARY 2,113
CERTIFICATE TO THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON. THE 2,114
PERSON SHALL NOT ACT AS A TRAINER OR PRECEPTOR IN ANY DIALYSIS 2,115
TRAINING PROGRAM.
47
Sec. 4723.77. A CERTIFICATE ISSUED UNDER SECTION 4723.75 2,117
OF THE REVISED CODE EXPIRES BIENNIALLY AND SHALL BE RENEWED 2,120
ACCORDING TO A SCHEDULE ESTABLISHED BY THE BOARD OF NURSING IN 2,121
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. AN 2,124
APPLICATION FOR RENEWAL OF A CERTIFICATE SHALL BE ACCOMPANIED BY 2,126
THE RENEWAL FEE ESTABLISHED IN RULES ADOPTED BY THE BOARD UNDER 2,127
SECTION 4723.79 OF THE REVISED CODE. A CERTIFICATE MAY BE 2,130
RENEWED ONLY IF, DURING THE PERIOD FOR WHICH THE CERTIFICATE WAS 2,132
ISSUED, THE CERTIFICATE HOLDER SATISFIED THE CONTINUING EDUCATION 2,133
REQUIREMENTS ESTABLISHED BY THE BOARD'S RULES. 2,134
Sec. 4723.78. (A) THE BOARD OF NURSING SHALL ESTABLISH A 2,137
DIALYSIS REGISTRY THAT CONTAINS THE FOLLOWING INFORMATION: 2,138
(1) THE NAMES OF, AND OTHER IDENTIFYING INFORMATION 2,140
SPECIFIED IN RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED 2,143
CODE ABOUT, THE FOLLOWING: 2,144
(a) PERSONS WHO HAVE ENROLLED IN A DIALYSIS TRAINING 2,147
PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF THE 2,148
REVISED CODE; 2,149
(b) PERSONS WHO HOLD A CURRENT, VALID CERTIFICATE ISSUED 2,152
UNDER SECTION 4723.75 OF THE REVISED CODE; 2,154
(c) PERSONS WHO HOLD A CURRENT, VALID TEMPORARY 2,156
CERTIFICATE ISSUED UNDER SECTION 4723.76 OF THE REVISED CODE. 2,159
(2) THE NAMES AND LOCATIONS OF THE DIALYSIS PROVIDERS WHO 2,161
EMPLOY THE DIALYSIS TECHNICIANS LISTED IN DIVISIONS (A)(1)(b) AND 2,164
(c) OF THIS SECTION.
(B) PERSONS SHALL PROVIDE TO THE BOARD INFORMATION THAT IS 2,167
TO BE INCLUDED IN THE DIALYSIS REGISTRY IN ACCORDANCE WITH RULES 2,168
ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 2,170
Sec. 4723.79. THE BOARD OF NURSING SHALL ADOPT RULES TO 2,172
ADMINISTER AND ENFORCE SECTIONS 4723.71 TO 4723.79 OF THE REVISED 2,174
CODE. THE BOARD SHALL ADOPT THE RULES IN ACCORDANCE WITH CHAPTER 2,177
119. OF THE REVISED CODE. THE RULES SHALL ESTABLISH OR SPECIFY 2,180
ALL OF THE FOLLOWING:
(A) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,183
48
APPROVAL, REAPPROVAL, AND WITHDRAWING THE APPROVAL OF A DIALYSIS 2,185
TRAINING PROGRAM UNDER SECTION 4723.74 OF THE REVISED CODE. THE 2,188
REQUIREMENTS SHALL INCLUDE STANDARDS THAT MUST BE SATISFIED 2,189
REGARDING CURRICULUM, LENGTH OF TRAINING, AND INSTRUCTIONS IN 2,190
PATIENT CARE. 2,191
(B) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,194
ISSUANCE OF A CERTIFICATE UNDER SECTION 4723.75 OF THE REVISED 2,197
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 2,199
REVISED CODE;
(C) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,202
ISSUANCE OF A TEMPORARY CERTIFICATE UNDER SECTION 4723.76 OF THE 2,203
REVISED CODE; 2,204
(D) THE PROCESS FOR APPROVAL OF TESTING ORGANIZATIONS 2,207
UNDER SECTION 4723.751 OF THE REVISED CODE; 2,210
(E) SUBJECTS TO BE INCLUDED IN A CERTIFICATION EXAMINATION 2,213
PROVIDED FOR IN DIVISION (B)(1) OF SECTION 4723.75 OF THE REVISED 2,215
CODE; 2,216
(F) THE SCHEDULE, FEES, AND CONTINUING EDUCATION 2,219
REQUIREMENTS FOR RENEWAL OF A CERTIFICATE UNDER SECTION 4723.77 2,220
OF THE REVISED CODE, EXCEPT THAT THE FEE FOR THE RENEWAL OF A 2,221
CERTIFICATE SHALL BE NO GREATER THAN THE FEE CHARGED UNDER 2,222
DIVISION (A)(8) OF SECTION 4723.08 OF THE REVISED CODE; 2,223
(G) STANDARDS AND PROCEDURES FOR ESTABLISHING AND 2,225
MAINTAINING THE DIALYSIS REGISTRY REQUIRED BY SECTION 4723.78 OF 2,227
THE REVISED CODE, INCLUDING STANDARDS AND PROCEDURES THAT PERSONS 2,229
MUST FOLLOW IN PROVIDING THE INFORMATION TO BE INCLUDED IN THE 2,230
REGISTRY;
(H) STANDARDS FOR THE ADMINISTRATION OF MEDICATION BY 2,233
DIALYSIS TECHNICIANS UNDER SECTION 4723.72 OF THE REVISED CODE; 2,235
(I) THE INFORMATION A DIALYSIS PROVIDER IS TO PROVIDE TO 2,237
THE BOARD WHEN ATTESTING TO A PERSON'S COMPETENCE TO PERFORM 2,238
DIALYSIS;
(J) STANDARDS AND PROCEDURES FOR THE SUPERVISION OF 2,240
49
DIALYSIS TECHNICIANS WHO PROVIDE DIALYSIS CARE IN A PATIENT'S 2,241
HOME, INCLUDING MONTHLY HOME VISITS BY A REGISTERED NURSE TO 2,243
MONITOR THE QUALITY OF THE DIALYSIS CARE;
(K) ANY OTHER PROCEDURES OR REQUIREMENTS NECESSARY FOR THE 2,246
ADMINISTRATION AND ENFORCEMENT OF SECTIONS 4723.71 TO 4723.79 OF 2,247
THE REVISED CODE. 2,249
Sec. 4723.99. Whoever violates section 4723.03 or, 2,259
4723.44, OR 4723.73 of the Revised Code shall be fined five 2,261
hundred dollars or imprisoned not more than ninety days or both. 2,262
Section 2. That existing sections 121.22, 4723.02, 2,264
4723.04, 4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 2,265
4723.282, 4723.34, 4723.341, 4723.35, 4723.63, and 4723.99 of the 2,266
Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act, except for 2,268
sections 4723.72, 4723.73, 4723.79, and 4723.99 of the Revised 2,269
Code, shall take effect one hundred eighty days after the 2,270
effective date of this act. Sections 4723.72, 4723.73, and 2,271
4723.99 of the Revised Code, as amended and enacted by this act, 2,272
shall take effect one year after the effective date of this act. 2,273
Section 4723.79 of the Revised Code, as enacted by this act, 2,274
shall take effect at the earliest time permitted by law. 2,275
Section 4. The Board of Nursing shall adopt the rules 2,277
provided for in section 4723.79 of the Revised Code not later 2,278
than one hundred eighty days after the effective date of this 2,279
section. In adopting the rules, the Board shall consult with 2,280
representatives designated by the Ohio Renal Association, the 2,281
Ohio Renal Physicians Association, the National Association of 2,282
Nephrology Technologists, the American Nephrology Nurses 2,283
Association, and the Ohio Nurses Association. 2,284
Section 5. Notwithstanding the provision of section 2,286
4723.02 of the Revised Code that defines "dialysis technician" as 2,287
an individual who holds a certificate to practice as a dialysis 2,288
technician, the individuals initially appointed to the Advisory 2,289
Group on Dialysis as dialysis technicians need not be certificate 2,290
50
holders, but must meet all the requirements for receipt of a
certificate. 2,291