As Passed by the House 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-TIBERI-MEAD-TERWILLEGER-
PATTON-BRITTON-PETERSON-BARRETT-BARNES-BOYD 10
_________________________________________________________________ 12
A B I L L
To amend sections 121.22, 4723.02, 4723.04, 4723.06, 14
4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 15
4723.282, 4723.34, 4723.341, 4723.35, 4723.63,
and 4723.99 and to enact sections 4723.71, 16
4723.72, 4723.73, 4723.74, 4723.75, 4723.751, 17
4723.76, 4723.77, 4723.78, and 4723.79 of the
Revised Code to require that the Board of Nursing 19
establish a certification program for dialysis
technicians. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 121.22, 4723.02, 4723.04, 24
4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 4723.282, 25
4723.34, 4723.341, 4723.35, 4723.63, and 4723.99 be amended and 26
sections 4723.71, 4723.72, 4723.73, 4723.74, 4723.75, 4723.751, 27
4723.76, 4723.77, 4723.78, and 4723.79 of the Revised Code be 28
enacted to read as follows: 29
Sec. 121.22. (A) This section shall be liberally 38
construed to require public officials to take official action and 39
to conduct all deliberations upon official business only in open 40
meetings unless the subject matter is specifically excepted by 41
law. 42
(B) As used in this section: 44
(1) "Public body" means any of the following: 46
(a) Any board, commission, committee, council, or similar 48
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decision-making body of a state agency, institution, or 49
authority, and any legislative authority or board, commission, 50
committee, council, agency, authority, or similar decision-making 52
body of any county, township, municipal corporation, school 53
district, or other political subdivision or local public 54
institution;
(b) Any committee or subcommittee of a body described in 56
division (B)(1)(a) of this section; 57
(c) A court of jurisdiction of a sanitary district 59
organized wholly for the purpose of providing a water supply for 60
domestic, municipal, and public use when meeting for the purpose 62
of the appointment, removal, or reappointment of a member of the 63
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 64
related to such a district other than litigation involving the 65
district. As used in division (B)(1)(c) of this section, "court 66
of jurisdiction" has the same meaning as "court" in section 67
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 69
public business of the public body by a majority of its members. 70
(3) "Regulated individual" means either of the following: 72
(a) A student in a state or local public educational 74
institution; 75
(b) A person who is, voluntarily or involuntarily, an 77
inmate, patient, or resident of a state or local institution 78
because of criminal behavior, mental illness or retardation, 79
disease, disability, age, or other condition requiring custodial 80
care. 81
(C) All meetings of any public body are declared to be 83
public meetings open to the public at all times. A member of a 84
public body shall be present in person at a meeting open to the 86
public to be considered present or to vote at the meeting and for 87
purposes of determining whether a quorum is present at the 88
meeting. 89
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The minutes of a regular or special meeting of any public 92
body shall be promptly prepared, filed, and maintained and shall 93
be open to public inspection. The minutes need only reflect the 94
general subject matter of discussions in executive sessions 95
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 97
audit conference conducted by the auditor of state or independent 98
certified public accountants with officials of the public office 99
that is the subject of the audit, to the adult parole authority 100
when its hearings are conducted at a correctional institution for 101
the sole purpose of interviewing inmates to determine parole or 102
pardon, to the organized crime investigations commission 103
established under section 177.01 of the Revised Code, to the 104
state medical board when determining whether to suspend a 105
certificate without a prior hearing pursuant to division (G) of 107
either section 4730.25 or 4731.22 of the Revised Code, to the 109
board of nursing when determining whether to suspend a license OR 110
CERTIFICATE without a prior hearing pursuant to division (B) of 112
section 4723.181 4723.281 of the Revised Code, or to the 114
executive committee of the emergency response commission when 115
determining whether to issue an enforcement order or request that 116
a civil action, civil penalty action, or criminal action be 117
brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing 119
advisory council, the industrial technology and enterprise 120
advisory council, the tax credit authority, or the minority 122
development financing advisory board, when meeting to consider 123
granting assistance pursuant to Chapter 122. or 166. of the 124
Revised Code, in order to protect the interest of the applicant 125
or the possible investment of public funds, by unanimous vote of 126
all board, council, or authority members present, may close the 128
meeting during consideration of the following information 130
confidentially received by the authority, council, or board from 131
the applicant: 133
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(1) Marketing plans; 135
(2) Specific business strategy; 137
(3) Production techniques and trade secrets; 139
(4) Financial projections; 141
(5) Personal financial statements of the applicant or 143
members of the applicant's immediate family, including, but not 144
limited to, tax records or other similar information not open to 146
public inspection. 147
The vote by the authority, council, or board to accept or 151
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 154
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 156
reasonable method whereby any person may determine the time and 157
place of all regularly scheduled meetings and the time, place, 158
and purpose of all special meetings. A public body shall not 159
hold a special meeting unless it gives at least twenty-four 160
hours' advance notice to the news media that have requested 161
notification, except in the event of an emergency requiring 162
immediate official action. In the event of an emergency, the 163
member or members calling the meeting shall notify the news media 164
that have requested notification immediately of the time, place, 165
and purpose of the meeting. 166
The rule shall provide that any person, upon request and 169
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 170
business is to be discussed. Provisions for advance notification 171
may include, but are not limited to, mailing the agenda of 172
meetings to all subscribers on a mailing list or mailing notices 173
in self-addressed, stamped envelopes provided by the person. 174
(G) Except as provided in division (J) of this section, 177
the members of a public body may hold an executive session only 178
after a majority of a quorum of the public body determines, by a 179
roll call vote, to hold an executive session and only at a 181
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regular or special meeting for the sole purpose of the
consideration of any of the following matters: 182
(1) To consider the appointment, employment, dismissal, 184
discipline, promotion, demotion, or compensation of a public 185
employee or official, or the investigation of charges or 186
complaints against a public employee, official, licensee, or 187
regulated individual, unless the public employee, official, 188
licensee, or regulated individual requests a public hearing. 189
Except as otherwise provided by law, no public body shall hold an 190
executive session for the discipline of an elected official for 191
conduct related to the performance of the elected official's 192
official duties or for the elected official's removal from 194
office. If a public body holds an executive session pursuant to 196
division (G)(1) of this section, the motion and vote to hold that 197
executive session shall state which one or more of the approved 198
purposes listed in division (G)(1) of this section are the 199
purposes for which the executive session is to be held, but need 200
not include the name of any person to be considered at the 201
meeting.
(2) To consider the purchase of property for public 203
purposes, or for the sale of property at competitive bidding, if 204
premature disclosure of information would give an unfair 205
competitive or bargaining advantage to a person whose personal, 206
private interest is adverse to the general public interest. No 207
member of a public body shall use division (G)(2) of this section 209
as a subterfuge for providing covert information to prospective 211
buyers or sellers. A purchase or sale of public property is void 212
if the seller or buyer of the public property has received covert 213
information from a member of a public body that has not been 214
disclosed to the general public in sufficient time for other 215
prospective buyers and sellers to prepare and submit offers. 216
If the minutes of the public body show that all meetings 218
and deliberations of the public body have been conducted in 219
compliance with this section, any instrument executed by the 220
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public body purporting to convey, lease, or otherwise dispose of 221
any right, title, or interest in any public property shall be 222
conclusively presumed to have been executed in compliance with 223
this section insofar as title or other interest of any bona fide 224
purchasers, lessees, or transferees of the property is concerned. 225
(3) Conferences with an attorney for the public body 227
concerning disputes involving the public body that are the 228
subject of pending or imminent court action; 229
(4) Preparing for, conducting, or reviewing negotiations 231
or bargaining sessions with public employees concerning their 232
compensation or other terms and conditions of their employment; 233
(5) Matters required to be kept confidential by federal 235
law or regulations or state statutes; 236
(6) Specialized details of security arrangements if 238
disclosure of the matters discussed might reveal information that 239
could be used for the purpose of committing, or avoiding 240
prosecution for, a violation of the law; 241
(7) In the case of a county hospital operated pursuant to 243
Chapter 339. of the Revised Code, to consider trade secrets, as 245
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 247
of the matters listed in divisions (G)(2) to (7) of this section, 249
the motion and vote to hold that executive session shall state 250
which one or more of the approved matters listed in those 251
divisions are to be considered at the executive session. 252
A public body specified in division (B)(1)(c) of this 255
section shall not hold an executive session when meeting for the
purposes specified in that division. 256
(H) A resolution, rule, or formal action of any kind is 258
invalid unless adopted in an open meeting of the public body. A 259
resolution, rule, or formal action adopted in an open meeting 260
that results from deliberations in a meeting not open to the 261
public is invalid unless the deliberations were for a purpose 262
specifically authorized in division (G) or (J) of this section 263
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and conducted at an executive session held in compliance with 264
this section. A resolution, rule, or formal action adopted in an 265
open meeting is invalid if the public body that adopted the 266
resolution, rule, or formal action violated division (F) of this 267
section. 268
(I)(1) Any person may bring an action to enforce this 270
section. An action under division (I)(1) of this section shall 272
be brought within two years after the date of the alleged 273
violation or threatened violation. Upon proof of a violation or 274
threatened violation of this section in an action brought by any 275
person, the court of common pleas shall issue an injunction to 276
compel the members of the public body to comply with its 277
provisions. 278
(2)(a) If the court of common pleas issues an injunction 280
pursuant to division (I)(1) of this section, the court shall 281
order the public body that it enjoins to pay a civil forfeiture 282
of five hundred dollars to the party that sought the injunction 283
and shall award to that party all court costs and, subject to 284
reduction as described in division (I)(2) of this section, 286
reasonable attorney's fees. The court, in its discretion, may 287
reduce an award of attorney's fees to the party that sought the 288
injunction or not award attorney's fees to that party if the 289
court determines both of the following: 290
(i) That, based on the ordinary application of statutory 292
law and case law as it existed at the time of violation or 293
threatened violation that was the basis of the injunction, a 294
well-informed public body reasonably would believe that the 295
public body was not violating or threatening to violate this 296
section; 297
(ii) That a well-informed public body reasonably would 299
believe that the conduct or threatened conduct that was the basis 300
of the injunction would serve the public policy that underlies 301
the authority that is asserted as permitting that conduct or 302
threatened conduct. 303
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(b) If the court of common pleas does not issue an 305
injunction pursuant to division (I)(1) of this section and the 306
court determines at that time that the bringing of the action was 307
frivolous conduct, as defined in division (A) of section 2323.51 308
of the Revised Code, the court shall award to the public body all 309
court costs and reasonable attorney's fees, as determined by the 310
court. 311
(3) Irreparable harm and prejudice to the party that 313
sought the injunction shall be conclusively and irrebuttably 314
presumed upon proof of a violation or threatened violation of 315
this section. 316
(4) A member of a public body who knowingly violates an 318
injunction issued pursuant to division (I)(1) of this section may 319
be removed from office by an action brought in the court of 320
common pleas for that purpose by the prosecuting attorney or the 321
attorney general. 322
(J)(1) Pursuant to division (C) of section 5901.09 of the 324
Revised Code, a veterans service commission shall hold an 325
executive session for one or more of the following purposes 326
unless an applicant requests a public hearing: 327
(a) Interviewing an applicant for financial assistance 329
under sections 5901.01 to 5901.15 of the Revised Code; 330
(b) Discussing applications, statements, and other 332
documents described in division (B) of section 5901.09 of the 333
Revised Code; 334
(c) Reviewing matters relating to an applicant's request 336
for financial assistance under sections 5901.01 to 5901.15 of the 337
Revised Code.
(2) A veterans service commission shall not exclude an 339
applicant for, recipient of, or former recipient of financial 340
assistance under sections 5901.01 to 5901.15 of the Revised Code, 341
and shall not exclude representatives selected by the applicant, 343
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 344
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applicant's, recipient's, or former recipient's application for 345
financial assistance.
(3) A veterans service commission shall vote on the grant 347
or denial of financial assistance under sections 5901.01 to 348
5901.15 of the Revised Code only in an open meeting of the 350
commission. The minutes of the meeting shall indicate the name, 351
address, and occupation of the applicant, whether the assistance 352
was granted or denied, the amount of the assistance if assistance 353
is granted, and the votes for and against the granting of 354
assistance.
Sec. 4723.02. As used in this chapter: 363
(A) "Registered nurse" means an individual who holds a 365
current, valid license issued under this chapter that authorizes 366
the practice of nursing as a registered nurse. 367
(B) "Practice of nursing as a registered nurse" means 369
providing to individuals and groups nursing care requiring 370
specialized knowledge, judgment, and skill derived from the 371
principles of biological, physical, behavioral, social, and 372
nursing sciences. Such nursing care includes: 373
(1) Identifying patterns of human responses to actual or 375
potential health problems amenable to a nursing regimen; 376
(2) Executing a nursing regimen through the selection, 378
performance, management, and evaluation of nursing actions; 379
(3) Assessing health status for the purpose of providing 381
nursing care; 382
(4) Providing health counseling and health teaching; 384
(5) Administering medications, treatments, and executing 386
regimens prescribed by licensed physicians; dentists; 388
optometrists; podiatrists; or, until January 1, 2010, advanced 390
practice nurses authorized to prescribe under section 4723.56 of 391
the Revised Code;
(6) Teaching, administering, supervising, delegating, and 393
evaluating nursing practice. 394
(C) "Nursing regimen" may include preventative, 396
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restorative, and health promotion activities. 397
(D) "Assessing health status" means the collection of data 399
through nursing assessment techniques, which may include 400
interviews, observation, and physical evaluations for the purpose 401
of providing nursing care. 402
(E) "Licensed practical nurse" means an individual who 404
holds a current, valid license issued under this chapter that 405
authorizes the practice of nursing as a licensed practical nurse. 406
(F) "The practice of nursing as a licensed practical 408
nurse" means providing to individuals and groups nursing care 409
requiring the application of basic knowledge of the biological, 410
physical, behavioral, social, and nursing sciences at the 411
direction of a licensed physician, dentist, podiatrist, 412
optometrist, or registered nurse. Such nursing care includes: 413
(1) Observation, patient teaching, and care in a diversity 415
of health care settings; 416
(2) Contributions to the planning, implementation, and 418
evaluation of nursing; 419
(3) Administration of medications and treatments 421
prescribed by a licensed physician; dentist; optometrist; 423
podiatrist; or, until January 1, 2010, an advanced practice nurse 425
authorized to prescribe under section 4723.56 of the Revised 426
Code, except that administration of intravenous therapy shall be 427
performed only in accordance with section 4723.48 of the Revised 428
Code. Medications may be administered by a licensed practical 429
nurse upon proof of completion of a course in medication 430
administration approved by the board of nursing.
(4) Administration to an adult of intravenous therapy 432
prescribed by a licensed physician; dentist; optometrist; 433
podiatrist; or, until January 1, 2010, an advanced practice nurse 434
authorized to prescribe under section 4723.56 of the Revised 435
Code, on the condition that the licensed practical nurse is 437
authorized by the board of nursing pursuant to section 4723.48 of 439
the Revised Code to perform intravenous therapy and performs 441
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intravenous therapy only in accordance with section 4723.48 of 442
the Revised Code. 443
(G) "Certified registered nurse anesthetist" means a 446
registered nurse who holds a valid certificate of authority 447
issued under this chapter that authorizes the practice of nursing 448
as a certified registered nurse anesthetist in accordance with 449
section 4723.43 of the Revised Code and rules adopted by the 450
board of nursing. 451
(H) "Clinical nurse specialist" means a registered nurse 454
who holds a valid certificate of authority issued under this 455
chapter that authorizes the practice of nursing as a clinical 456
nurse specialist in accordance with section 4723.43 of the 457
Revised Code and rules adopted by the board of nursing. 458
(I) "Certified nurse-midwife" means a registered nurse who 460
holds a valid certificate of authority issued under this chapter 461
that authorizes the practice of nursing as a certified 462
nurse-midwife in accordance with section 4723.43 of the Revised 463
Code and rules adopted by the board of nursing. 464
(J) "Certified nurse practitioner" means a registered 466
nurse who holds a valid certificate of authority issued under 467
this chapter that authorizes the practice of nursing as a 468
certified nurse practitioner in accordance with section 4723.43 469
of the Revised Code and rules adopted by the board of nursing. 471
(K) "Physician" means an individual who holds a 474
certificate issued under Chapter 4731. of the Revised Code 476
authorizing the practice of medicine and surgery or osteopathic 478
medicine and surgery and is practicing in this state. 479
(L) "Dentist" means an individual who is licensed under 482
Chapter 4715. of the Revised Code to practice dentistry and is 483
practicing in this state. 484
(M) "Podiatrist" means an individual who holds a 487
certificate issued under Chapter 4731. of the Revised Code 488
authorizing the practice of podiatry and is practicing in this 489
state.
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(N) "Collaboration" or "collaborating" means the 491
following: 492
(1) In the case of a clinical nurse specialist, except as 495
provided in division (N)(3) of this section, or a certified nurse
practitioner, that a podiatrist acting within the podiatrist's 496
scope of practice in accordance with section 4731.51 of the 497
Revised Code and with whom the nurse has entered into a standard 499
care arrangement or physician with whom the nurse has entered
into a standard care arrangement is continuously available to 501
communicate with the clinical nurse specialist or certified nurse 502
practitioner either in person or by radio, telephone, or other 503
form of telecommunication;
(2) In the case of a certified nurse-midwife, that a 505
physician with whom the certified nurse-midwife has entered into 506
a standard care arrangement is continuously available to 507
communicate with the certified nurse-midwife either in person or 508
by radio, telephone, or other form of telecommunication; 509
(3) In the case of a clinical nurse specialist whose 511
nursing specialty is mental health or psychiatric mental health, 512
that a physician is continuously available to communicate with 514
the nurse either in person or by radio, telephone, or other form 515
of telecommunication.
(O) "Supervision" means that a certified registered nurse 518
anesthetist is under the direction of a podiatrist acting within 519
the podiatrist's scope of practice in accordance with section
4731.51 of the Revised Code, a dentist acting within the 521
dentist's scope of practice in accordance with Chapter 4715. of 523
the Revised Code, or a physician, and, when administering 524
anesthesia, the certified registered nurse anesthetist is in the 525
immediate presence of the podiatrist, dentist, or physician. 526
(P) "Standard care arrangement" means a written, formal 529
guide for planning and evaluating a patient's health care that is 530
developed by a collaborating physician or podiatrist and a
clinical nurse specialist, certified nurse-midwife, or certified 531
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nurse practitioner and meets the requirements of section 4723.431 532
of the Revised Code. 533
(Q) "DIALYSIS CARE" MEANS THE CARE AND PROCEDURES THAT A 535
DIALYSIS TECHNICIAN IS AUTHORIZED TO PROVIDE AND PERFORM, AS 536
SPECIFIED IN SECTION 4723.72 OF THE REVISED CODE. 537
(R) "DIALYSIS TECHNICIAN" MEANS AN INDIVIDUAL WHO HOLDS A 539
CURRENT, VALID CERTIFICATE OR TEMPORARY CERTIFICATE ISSUED UNDER 540
THIS CHAPTER THAT AUTHORIZES THE INDIVIDUAL TO PRACTICE AS A 541
DIALYSIS TECHNICIAN IN ACCORDANCE WITH SECTION 4723.72 OF THE 542
REVISED CODE.
Sec. 4723.04. The state nurses' board shall be known as 551
the board of nursing. The board shall assume and exercise all 552
the powers and perform all the duties conferred and imposed on it 553
by this chapter concerning nurses and nursing and the regulation 554
thereof. The board shall consist of thirteen members who shall 555
be citizens of the United States and residents of Ohio. Eight 556
members shall be registered nurses, each of whom shall be a 557
graduate of an approved program of nursing education that 558
prepares persons for licensure as a registered nurse, shall hold 559
a currently active license issued under this chapter to practice 560
nursing as a registered nurse, and shall have been actively 561
engaged in the practice of nursing as a registered nurse for the 562
five years immediately preceding the member's initial appointment 563
to the board. Four members shall be licensed practical nurses, 564
each of whom shall be a graduate of an approved program of 565
nursing education that prepares persons for licensure as a 566
practical nurse, shall hold a currently active license issued 567
under this chapter to practice nursing as a licensed practical 568
nurse, and shall have been actively engaged in the practice of 569
nursing as a licensed practical nurse for the five years 570
immediately preceding the member's initial appointment to the 571
board. One member shall represent the interests of consumers of 572
health care. Neither this member nor any person in the member's 573
immediate family shall be a member of or associated with a health 574
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care provider or profession or shall have a financial interest in 575
the delivery or financing of health care. Representation of 576
nursing service and nursing education and of the various 577
geographical areas of the state shall be considered in making 578
appointments. As the term of any member of the board expires, a 579
successor shall be appointed who has the qualifications the 580
vacancy requires. Terms of office shall be for five years, 581
commencing on the first day of January and ending on the 582
thirty-first day of December. Each member shall hold office from 583
the date of appointment until the end of the term for which the 584
member was appointed. The term of a member shall expire if the 585
member ceases to meet any requirement of this section for the 586
member's position on the board. Any member appointed to fill a 587
vacancy occurring prior to the expiration of the term for which 588
her THE MEMBER'S predecessor was appointed shall hold office for 589
the remainder of such term. A person who has served a full term 591
on the board or more than thirty months of the remainder of the 592
term of a predecessor shall not be eligible for a subsequent 593
appointment to the board. Any member shall continue in office 594
subsequent to the expiration date of her THE MEMBER'S term until 595
her THE MEMBER'S successor takes office, or until a period of 597
sixty days has elapsed, whichever occurs first. Nursing 598
organizations of this state may each submit to the governor the 599
names of not more than five nominees for each position to be 600
filled on the board. From the names so submitted or from others, 601
at his THE GOVERNOR'S discretion, the governor with the advice 602
and consent of the senate shall make such appointments. 603
Any member of the board may be removed by the governor for 605
neglect of any duty required by law or for incompetency or 606
unprofessional or dishonorable conduct, after a hearing as 607
provided in Chapter 119. of the Revised Code. Seven members of 608
the board including at least four registered nurses and at least 609
one licensed practical nurse shall at all times constitute a 610
quorum. 611
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Each member of the board shall receive an amount fixed 613
pursuant to division (J) of section 124.15 of the Revised Code 614
for each day in attendance at board meetings and in discharge of 615
official duties, and in addition thereto, necessary expense 616
incurred in the performance of such duties. 617
The board shall elect one of its nurse members as president 619
and one as vice-president. 620
The board may establish advisory groups to serve in 622
consultation with the board or the executive director. Each 623
advisory group shall be given a specific charge in writing and 624
shall report to the board. Members of advisory groups shall 625
serve without compensation but shall receive their actual and 626
necessary expenses incurred in the performance of their official 627
duties. 628
Sec. 4723.06. (A) The board of nursing shall: 637
(1) Administer and enforce the provisions of this chapter, 639
including the taking of disciplinary action for violations of 640
section 4723.28 of the Revised Code, any other provisions of this 641
chapter, or rules promulgated under Chapter 119. of the Revised 642
Code; 643
(2) Examine applicants for licensure to practice as a 645
registered nurse or as a licensed practical nurse; 646
(3) Issue and renew NURSING licenses AND DIALYSIS 648
TECHNICIAN CERTIFICATES, as provided in this chapter; 649
(4) Define the minimum curricula and standards for 651
educational programs of the schools of professional nursing and 652
schools of practical nursing in this state; 653
(5) Survey, inspect, and grant full approval to 655
prelicensure nursing education programs that meet the standards 657
established by rules adopted under section 4723.07 of the Revised 658
Code. Prelicensure nursing education programs include, but are 659
not limited to, associate degree, baccalaureate degree, diploma, 660
and doctor of nursing programs leading to initial licensure to 661
practice nursing as a registered nurse and practical nurse 662
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programs leading to initial licensure to practice nursing as a 663
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 665
the board, to a new prelicensure nursing education program or a 666
program that is being reestablished after having ceased to 668
operate, if the program meets and maintains the minimum standards 670
of the board established by rules adopted under section 4723.07 671
of the Revised Code. If the board does not grant conditional 672
approval, it shall hold a hearing under Chapter 119. of the 673
Revised Code to consider conditional approval of the program. If 674
the board grants conditional approval, at its first meeting after 675
the first class has completed the program, the board shall 676
determine whether to grant full approval to the program. If the 677
board does not grant full approval or if it appears that the 680
program has failed to meet and maintain standards established by 681
rules adopted under section 4723.07 of the Revised Code, the 682
board shall hold a hearing under Chapter 119. of the Revised Code 683
to consider the program. Based on results of the hearing, the 684
board may continue or withdraw conditional approval, or grant 685
full approval.
(7) Place on provisional approval, for a period of time 687
specified by the board, a program that has ceased to meet and 689
maintain the minimum standards of the board established by rules 690
adopted under section 4723.07 of the Revised Code. At the end of 691
the period, the board shall reconsider whether the program meets 692
the standards and shall grant full approval if it does. If it 694
does not, the board may withdraw approval, pursuant to a hearing 695
under Chapter 119. of the Revised Code. 696
(8) Approve continuing nursing education programs and 698
courses under standards established in rules adopted under 699
section 4723.07 of the Revised Code; 700
(9) Approve peer support programs for nurses, under rules 702
adopted under section 4723.07 of the Revised Code, FOR NURSES AND 703
FOR DIALYSIS TECHNICIANS; 704
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(10) Establish the alternative program for chemically 706
dependent nurses CHEMICAL DEPENDENCY in accordance with section 708
4723.35 of the Revised Code;
(11) Establish the practice intervention and improvement 710
program in accordance with section 4723.282 of the Revised Code; 711
(12) Issue and renew certificates of authority to practice 713
nursing as a certified registered nurse anesthetist, clinical 715
nurse specialist, certified nurse-midwife, or certified nurse 716
practitioner;
(13) Approve under section 4723.46 of the Revised Code 719
national certifying organizations for examination and 720
certification of certified registered nurse anesthetists, 721
clinical nurse specialists, certified nurse-midwives, or 722
certified nurse practitioners;
(14) Make an annual report to the governor, which shall be 725
open for public inspection; 726
(15) Maintain and have open for public inspection the 728
following records: 729
(a) A record of all its meetings and proceedings; 731
(b) A file of applicants for and holders of NURSING 733
licenses, registrations, and certificates granted under this 734
chapter AND DIALYSIS TECHNICIAN CERTIFICATES GRANTED UNDER THIS 735
CHAPTER. The file shall be maintained in the form prescribed by 736
rule of the board. 737
(c) A list of prelicensure nursing education programs 739
approved by the board; 740
(d) A list of approved peer support programs for nurses 742
AND DIALYSIS TECHNICIANS. 743
(B) The board may fulfill the requirement of division 745
(A)(8) of this section by authorizing persons who meet the 746
standards established in rules adopted under division (F) of 747
section 4723.07 of the Revised Code to approve continuing nursing 748
education programs and courses. Persons so authorized shall 749
approve continuing nursing education programs and courses in 750
18
accordance with standards established in rules adopted under 751
division (E) of section 4723.07 of the Revised Code. 752
Persons seeking authorization to approve continuing nursing 754
education programs and courses shall apply to the board and pay 755
the appropriate fee established under section 4723.08 of the 756
Revised Code. Authorizations to approve continuing nursing 757
education programs and courses shall expire at the end of the 758
two-year period beginning the date of issuance and may be renewed 759
by the board.
Sec. 4723.07. In accordance with Chapter 119. of the 768
Revised Code, the board of nursing shall adopt and may amend and 769
rescind rules: 770
(A) Providing for its government and control of its 772
actions and business affairs; 773
(B) Establishing minimum curricula and standards for 775
nursing education programs that prepare graduates to take 776
licensing examinations, and establishing procedures for granting, 777
renewing, and withdrawing approval of those programs; 779
(C) Establishing requirements that applicants for 781
licensure must meet to be permitted to take licensing 782
examinations; 783
(D) Governing the administration and conduct of 785
examinations for licensure to practice nursing as a registered 786
nurse or as a licensed practical nurse; 787
(E) Establishing standards for approval of continuing 789
nursing education programs and courses for registered nurses, 790
licensed practical nurses, certified registered nurse 791
anesthetists, clinical nurse specialists, certified 792
nurse-midwives, and certified nurse practitioners. The standards 793
may provide for approval of continuing nursing education programs 794
and courses that have been approved by other state boards of 795
nursing or by national accreditation systems for nursing, 796
including, but not limited to, the American nurses' credentialing 797
center and the national association for practical nurse education 798
19
and service.
(F) Establishing standards that persons must meet to be 800
authorized by the board to approve continuing nursing education 801
programs and courses and a schedule to have that authorization 802
renewed;
(G) Establishing requirements, including continuing 804
education requirements, for restoring inactive NURSING licenses 806
AND DIALYSIS TECHNICIAN CERTIFICATES ISSUED UNDER THIS CHAPTER 807
and NURSING licenses AND DIALYSIS TECHNICIAN CERTIFICATES that 808
have lapsed through failure to renew; 809
(H) ESTABLISHING REQUIREMENTS FOR ISSUING ENDORSEMENTS OF 811
NURSING LICENSES AND DIALYSIS TECHNICIAN CERTIFICATES ISSUED BY 812
ANOTHER STATE;
(I) Governing conditions that may be imposed for 814
reinstatement OF A NURSING LICENSE OR DIALYSIS TECHNICIAN 815
CERTIFICATE ISSUED UNDER THIS CHAPTER following action taken 817
under sections 2301.373, 4723.28, and 4723.281 of the Revised 818
Code resulting in a suspension from practice; 820
(I)(J) Establishing standards for approval of peer support 822
programs for nurses PERSONS WHO HOLD A NURSING LICENSE OR 823
DIALYSIS TECHNICIAN CERTIFICATE ISSUED UNDER THIS CHAPTER; 825
(J)(K) Establishing requirements for board approval of 828
courses in medication administration by licensed practical 829
nurses;
(K)(L) Establishing criteria for specialty certification 831
of registered nurses; 832
(L)(M) Establishing criteria for evaluating the 834
qualifications of an applicant who is applying for a license by 837
endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under 838
division (E) of section 4723.41 of the Revised Code; 839
(M)(N) Establishing universal blood and body fluid 841
precautions that shall be used by each person licensed HOLDING A 842
NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under 843
20
this chapter who performs exposure-prone invasive procedures. 844
The rules shall define and establish requirements for universal 845
blood and body fluid precautions that include the following: 846
(1) Appropriate use of hand washing; 848
(2) Disinfection and sterilization of equipment; 850
(3) Handling and disposal of needles and other sharp 852
instruments; 853
(4) Wearing and disposal of gloves and other protective 855
garments and devices. 856
(N)(O) Establishing standards and procedures for approving 859
certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, 860
certified nurse-midwife, or certified nurse practitioner, and for 861
renewal of those certificates; 862
(O)(P) Establishing quality assurance standards for 865
certified registered nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, or certified nurse 866
practitioners;
(P)(Q) Establishing additional criteria for the standard 869
care arrangement required by section 4723.431 of the Revised Code 870
entered into by a clinical nurse specialist, certified 871
nurse-midwife, or certified nurse practitioner and the nurse's 872
collaborating physician or podiatrist; 873
(Q)(R) Establishing continuing education standards for 876
clinical nurse specialists who are exempt under division (C) of 877
section 4723.41 of the Revised Code from the requirement of 879
having passed a certification examination.
Subject to Chapter 119. of the Revised Code, the board may 881
adopt other rules necessary to carry out the provisions of this 882
chapter. 883
Sec. 4723.08. (A) The board of nursing may impose fees 892
not to exceed the following limits: 893
(1) For application for licensure by examination to 895
practice nursing as a registered nurse or as a licensed practical 896
21
nurse, fifty dollars; 897
(2) For application for licensure by endorsement to 899
practice nursing as a registered nurse or as a licensed practical 900
nurse, fifty dollars; 901
(3) For application for a certificate of authority to 903
practice nursing as a certified registered nurse anesthetist, 904
clinical nurse specialist, certified nurse-midwife, or certified 906
nurse practitioner, one hundred dollars; 907
(4) FOR APPLICATION FOR A TEMPORARY DIALYSIS TECHNICIAN 909
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 910
4723.79 OF THE REVISED CODE;
(5) FOR APPLICATION FOR A FULL DIALYSIS TECHNICIAN 912
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 913
4723.79 OF THE REVISED CODE;
(6) For verification of a NURSING license or, certificate 916
OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE to another
jurisdiction, fifteen dollars; 918
(5)(7) For providing a replacement copy of a NURSING 920
license or, certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN 922
CERTIFICATE, fifteen dollars; 923
(6)(8) For biennial renewal of any A NURSING license, 926
thirty-five dollars;
(7)(9) For biennial renewal of a certificate of authority 928
to practice nursing as a certified registered nurse anesthetist, 930
clinical nurse specialist, certified nurse-midwife, or certified 932
nurse practitioner, one hundred dollars;
(8)(10) FOR BIENNIAL RENEWAL OF A DIALYSIS TECHNICIAN 934
CERTIFICATE, THE AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 936
4723.79 OF THE REVISED CODE; 937
(11) For processing a late application for renewal of any 939
A NURSING license or, certificate OF AUTHORITY, OR DIALYSIS 941
TECHNICIAN CERTIFICATE, fifty dollars; 942
(9)(12) For application for authorization to approve 944
continuing nursing education programs and courses from an 945
22
applicant accredited by a national accreditation system for 946
nursing, five hundred dollars; 947
(10)(13) For application for authorization to approve 949
continuing nursing education programs and courses from an 950
applicant not accredited by a national accreditation system for 951
nursing, one thousand dollars; 952
(11)(14) For each year for which authorization to approve 955
continuing nursing education programs and courses is renewed, one 958
hundred fifty dollars;
(12)(15) FOR APPLICATION FOR APPROVAL TO OPERATE A 960
DIALYSIS TRAINING PROGRAM, THE AMOUNT SPECIFIED IN RULES ADOPTED 961
UNDER SECTION 4723.79 OF THE REVISED CODE; 962
(16) For written verification of a NURSING license or, 965
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE, 966
other than verification to another jurisdiction, five dollars. 967
The board may contract for services pertaining to this 968
verification process and the collection of the fee, and may 969
permit the contractor to retain a portion of the fees as 970
compensation, before any amounts are deposited into the state 971
treasury. 972
(B) Each quarter, the board of nursing shall certify to 974
the director of budget and management the number of biennial 975
licenses renewed under this chapter during the preceding quarter 976
and the amount equal to that number times five dollars. 977
Sec. 4723.271. The board of nursing shall provide a 986
replacement copy of a NURSING license or, certificate OF 987
AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE issued under this 988
chapter upon request of the holder accompanied by proper 990
identification as prescribed in rules adopted by the board and 991
payment of the fee authorized under section 4723.08 of the
Revised Code. 992
Upon request of the holder of a NURSING license, 994
CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE 995
issued under this chapter and payment of the fee authorized under 997
23
section 4723.08 of the Revised Code, the board shall verify to an 998
agency of another jurisdiction or foreign country the fact that 999
the person holds such NURSING license, CERTIFICATE OF AUTHORITY, 1,000
OR DIALYSIS TECHNICIAN CERTIFICATE.
Sec. 4723.28. As used in this section, "dangerous drug" 1,009
and "prescription" have the same meanings as in section 4729.01 1,011
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 1,013
conducted under Chapter 119. of the Revised Code and by a vote of 1,014
a quorum, may revoke or may refuse to grant a NURSING license or, 1,016
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE to a 1,018
person found by the board to have committed fraud in passing the 1,019
AN examination REQUIRED TO OBTAIN THE LICENSE, CERTIFICATE OF 1,020
AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE or to have 1,021
committed fraud, misrepresentation, or deception in applying for 1,023
or securing any NURSING license or, certificate OF AUTHORITY, OR 1,024
DIALYSIS TECHNICIAN CERTIFICATE issued by the board. 1,027
(B) The board of nursing, pursuant to an adjudication 1,029
conducted under Chapter 119. of the Revised Code and by a vote of 1,030
a quorum, may impose one or more of the following sanctions: 1,031
deny, revoke permanently, suspend, or place restrictions on any 1,032
NURSING license or, certificate OF AUTHORITY, OR DIALYSIS 1,034
TECHNICIAN CERTIFICATE issued by the board; reprimand or 1,036
otherwise discipline a holder of a NURSING license or, 1,038
certificate OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE; or 1,039
impose a fine of not more than five hundred dollars per 1,041
violation. The sanctions may be imposed for any of the
following: 1,042
(1) Denial, revocation, suspension, or restriction of a 1,044
license to practice nursing, for any reason other than a failure 1,045
to renew, in another state or jurisdiction; or denial, 1,046
revocation, suspension, or restriction of a license AUTHORITY to 1,047
practice a health care occupation other than, INCLUDING nursing 1,050
OR PRACTICE AS A DIALYSIS TECHNICIAN, for any reason other than a 1,051
24
failure to renew, in Ohio or another state or jurisdiction; 1,052
(2) Engaging in the practice of nursing OR ENGAGING IN 1,054
PRACTICE AS A DIALYSIS TECHNICIAN, having failed to renew a 1,056
NURSING license OR DIALYSIS TECHNICIAN CERTIFICATE issued under 1,057
this chapter, or while a NURSING license OR DIALYSIS TECHNICIAN 1,058
CERTIFICATE is under suspension; 1,059
(3) Conviction of, a plea of guilty to, or a judicial 1,061
finding of guilt of a misdemeanor committed in the course of 1,062
practice; 1,063
(4) Conviction of, a plea of guilty to, or a judicial 1,065
finding of guilt of any felony or of any crime involving gross 1,066
immorality or moral turpitude; 1,067
(5) Selling, giving away, or administering drugs for other 1,069
than legal and legitimate therapeutic purposes; or conviction of, 1,070
a plea of guilty to, or a judicial finding of guilt of violating 1,071
any municipal, state, county, or federal drug law; 1,072
(6) Conviction of, a plea of guilty to, or a judicial 1,074
finding of guilt of an act in another jurisdiction that would 1,075
constitute a felony or a crime of moral turpitude in Ohio; 1,076
(7) Conviction of, a plea of guilty to, or a judicial 1,078
finding of guilt of an act in the course of practice in another 1,079
jurisdiction that would constitute a misdemeanor in Ohio; 1,080
(8) Self-administering or otherwise taking into the body 1,082
any dangerous drug in any way not in accordance with a legal, 1,083
valid prescription; 1,084
(9) Habitual indulgence in the use of controlled 1,086
substances, other habit-forming drugs, or alcohol or other 1,087
chemical substances to an extent that impairs ability to 1,088
practice; 1,089
(10) Impairment of the ability to practice according to 1,091
acceptable and prevailing standards of safe nursing care because 1,092
of habitual or excessive use of drugs, alcohol, or other chemical 1,095
substances that impair the ability to practice; 1,096
(11) Impairment of the ability to practice according to 1,098
25
acceptable and prevailing standards of safe nursing care because 1,099
of a physical or mental disability; 1,100
(12) Assaulting or causing harm to a patient or depriving 1,102
a patient of the means to summon assistance; 1,103
(13) Obtaining or attempting to obtain money or anything 1,105
of value by intentional misrepresentation or material deception 1,106
in the course of practice; 1,107
(14) Adjudication by a probate court that the license 1,109
applicant or license holder is OF BEING mentally ill or mentally 1,110
incompetent. The board may restore the PERSON'S NURSING license 1,111
OR DIALYSIS TECHNICIAN CERTIFICATE upon adjudication by a probate 1,113
court of the person's restoration to competency or upon 1,114
submission to the board of other proof of competency.
(15) The suspension or termination of employment by the 1,116
department of defense or the veterans administration of the 1,117
United States for any act that violates or would violate this 1,118
chapter; 1,119
(16) Violation of this chapter or any rules adopted under 1,121
it; 1,122
(17) Violation of any restrictions placed on a NURSING 1,124
license OR DIALYSIS TECHNICIAN CERTIFICATE by the board; 1,126
(18) Failure to use universal blood and body fluid 1,128
precautions established by rules adopted under section 4723.07 of 1,129
the Revised Code; 1,130
(19) Failure to practice in accordance with acceptable and 1,133
prevailing standards of safe nursing care OR SAFE DIALYSIS CARE; 1,134
(20) In the case of a registered nurse, engaging in 1,136
activities that exceed the practice of nursing as a registered 1,137
nurse under section 4723.02 of the Revised Code; 1,138
(21) In the case of a licensed practical nurse, engaging 1,140
in activities that exceed the practice of nursing as a licensed 1,141
practical nurse under section 4723.02 of the Revised Code; 1,142
(22) IN THE CASE OF A DIALYSIS TECHNICIAN, ENGAGING IN 1,144
ACTIVITIES THAT EXCEED THOSE PERMITTED UNDER SECTION 4723.72 OF 1,145
26
THE REVISED CODE;
(23) Aiding and abetting A PERSON in the unlicensed THAT 1,148
PERSON'S practice of nursing WITHOUT A LICENSE OR PRACTICE AS A 1,149
DIALYSIS TECHNICIAN WITHOUT A CERTIFICATE ISSUED UNDER THIS 1,150
CHAPTER;
(23)(24) In the case of a certified registered nurse 1,152
anesthetist, clinical nurse specialist, certified nurse-midwife, 1,155
or certified nurse practitioner, or a registered nurse approved 1,156
as an advanced practice nurse under section 4723.55 of the 1,157
Revised Code, either of the following: 1,158
(a) Waiving the payment of all or any part of a deductible 1,160
or copayment that a patient, pursuant to a health insurance or 1,161
health care policy, contract, or plan that covers such nursing 1,162
services, would otherwise be required to pay if the waiver is 1,163
used as an enticement to a patient or group of patients to 1,164
receive health care services from that provider; 1,165
(b) Advertising that the nurse will waive the payment of 1,167
all or any part of a deductible or copayment that a patient, 1,168
pursuant to a health insurance or health care policy, contract, 1,169
or plan that covers such nursing services, would otherwise be 1,170
required to pay. 1,171
(24)(25) Failure to comply with the terms and conditions 1,173
of participation in the alternative program for chemically 1,175
dependent nurses CHEMICAL DEPENDENCY created by section 4723.35 1,177
of the Revised Code;
(25)(26) Failure to comply with the terms and conditions 1,179
required under the practice intervention and improvement program 1,181
established under section 4723.282 of the Revised Code; 1,182
(26)(27) In the case of a certified registered nurse 1,184
anesthetist, clinical nurse specialist, certified nurse-midwife, 1,187
or certified nurse practitioner: 1,188
(a) Engaging in activities that exceed those permitted for 1,191
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 1,192
27
(b) Failure to meet the quality assurance standards 1,194
established under section 4723.07 of the Revised Code. 1,196
(27)(28) In the case of a clinical nurse specialist, 1,198
certified nurse-midwife, or certified nurse practitioner, failure 1,200
to maintain a standard care arrangement in accordance with 1,201
section 4723.431 of the Revised Code or to practice in accordance 1,202
with the standard care arrangement; 1,203
(29) REGARDLESS OF WHETHER THE CONTACT OR VERBAL BEHAVIOR 1,205
IS CONSENSUAL, ENGAGING WITH A PATIENT OTHER THAN THE SPOUSE OF 1,206
THE REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,207
TECHNICIAN IN ANY OF THE FOLLOWING: 1,208
(a) SEXUAL CONTACT, AS DEFINED IN SECTION 2907.01 OF THE 1,210
REVISED CODE;
(b) VERBAL BEHAVIOR THAT IS SEXUALLY DEMEANING TO THE 1,212
PATIENT OR MAY BE REASONABLY INTERPRETED BY THE PATIENT AS 1,213
SEXUALLY DEMEANING.
(C) If a criminal action is brought against a license 1,215
holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,216
TECHNICIAN for an act or crime described in divisions (B)(3) to 1,218
(7) of this section and the action is dismissed by the trial 1,219
court other than on the merits, the board shall hold an 1,220
adjudication hearing to determine whether the license holder 1,221
REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,222
TECHNICIAN committed the act on which the action was based. If 1,224
the board determines on the basis of the hearing that the license 1,225
holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,226
TECHNICIAN committed the act, or if the license holder REGISTERED 1,227
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN fails to 1,228
participate in the hearing, the board may take action as though 1,229
the license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,230
DIALYSIS TECHNICIAN had been convicted of the act. 1,231
If the board takes action on the basis of a conviction, 1,233
plea of guilty, or a judicial determination of guilt as described 1,234
in divisions (B)(3) to (7) of this section that is overturned on 1,235
28
appeal, the license holder REGISTERED NURSE, LICENSED PRACTICAL 1,236
NURSE, OR DIALYSIS TECHNICIAN may, on exhaustion of the appeal 1,237
process, petition the board for reconsideration of its action. 1,238
On receipt of the petition and supporting court documents, the 1,239
board shall temporarily rescind its action. If the board 1,240
determines that the decision on appeal was a decision on the 1,241
merits, it shall permanently rescind its action. If the board 1,242
determines that the decision on appeal was not a decision on the 1,243
merits, it shall hold an adjudicatory hearing to determine 1,244
whether the license holder REGISTERED NURSE, LICENSED PRACTICAL 1,245
NURSE, OR DIALYSIS TECHNICIAN committed the act on which the 1,246
original conviction, plea, or judicial determination was based. 1,247
If the board determines on the basis of the hearing that the 1,248
license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,249
DIALYSIS TECHNICIAN committed such act, or if the license holder 1,250
REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS 1,251
TECHNICIAN does not request a hearing, the board shall reinstate 1,252
its action; otherwise, the board shall permanently rescind its 1,253
action.
Notwithstanding the provision of division (C)(2) of section 1,255
2953.32 of the Revised Code specifying that if records pertaining 1,256
to a criminal case are sealed under that section the proceedings 1,257
in the case shall be deemed not to have occurred, sealing of the 1,258
records of a conviction on which the board has based an action 1,259
under this section shall have no effect on the board's action or 1,260
any sanction imposed by the board under this section. 1,261
(D) In enforcing division (B) of this section, the board 1,263
may compel any individual licensed by this chapter REGISTERED 1,264
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN or who 1,265
has applied for licensure APPLICANT UNDER THIS CHAPTER to submit 1,266
to a mental or physical examination, or both, as required by the 1,268
board and at the expense of the individual. Failure of any 1,269
individual to submit to a mental or physical examination when 1,270
directed constitutes an admission of the allegations, unless the 1,271
29
failure is due to circumstances beyond the individual's control, 1,272
and a default and final order may be entered without the taking 1,273
of testimony or presentation of evidence. If the board finds 1,274
that an individual is impaired, the board shall require the 1,275
individual to submit to care, counseling, or treatment approved 1,276
or designated by the board, as a condition for initial, 1,277
continued, reinstated, or renewed licensure AUTHORITY to 1,278
practice. The individual shall be afforded an opportunity to 1,280
demonstrate to the board that the individual can resume the 1,282
individual's occupation in compliance with acceptable and
prevailing standards under the provisions of the individual's 1,284
license AUTHORITY TO PRACTICE. For the purpose of this section, 1,287
any individual who is licensed by this chapter REGISTERED NURSE, 1,288
LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN or makes 1,289
application for licensure APPLICANT UNDER THIS CHAPTER shall be 1,290
deemed to have given consent to submit to a mental or physical 1,291
examination when directed to do so in writing by the board, and 1,292
to have waived all objections to the admissibility of testimony 1,293
or examination reports that constitute a privileged 1,294
communication.
(E) The board shall investigate evidence that appears to 1,296
show that any person has violated any provision of this chapter 1,297
or any rule of the board. Any person may report to the board any 1,298
information the person may have that appears to show a violation 1,299
of any provision of this chapter or rule of the board. In the 1,300
absence of bad faith, any person who reports such information or 1,301
who testifies before the board in any adjudication conducted 1,303
under Chapter 119. of the Revised Code shall not be liable for 1,304
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 1,306
investigation is confidential and not subject to discovery in any 1,307
civil action, except that the board may disclose information to 1,308
law enforcement officers and government entities investigating a 1,309
person licensed by the board REGISTERED NURSE, LICENSED PRACTICAL 1,311
30
NURSE, OR DIALYSIS TECHNICIAN. No law enforcement officer or 1,312
government entity with knowledge of any information disclosed by 1,313
the board pursuant to this division shall divulge the information 1,314
to any other person or government entity except for the purpose 1,315
of an adjudication by a court or licensing or registration board 1,316
or officer to which the person to whom the information relates is
a party. 1,317
If the investigation requires a review of patient records, 1,319
the investigation and proceeding shall be conducted in such a 1,320
manner as to protect patient confidentiality. 1,321
All hearings and investigations of the board shall be 1,323
considered civil actions for the purposes of section 2305.251 of 1,324
the Revised Code. 1,325
The hearings of the board shall be conducted in accordance 1,327
with Chapter 119. of the Revised Code. The board may appoint a 1,328
hearing examiner as provided in section 119.09 to conduct any 1,329
hearing the board is empowered to hold under Chapter 119. of the 1,330
Revised Code. 1,331
In the absence of fraud or bad faith, neither the board nor 1,333
any current or former members, agents, representatives, or 1,334
employees of the board shall be held liable in damages to any 1,335
person as the result of any act, omission, proceeding, conduct, 1,336
or decision related to their official duties undertaken or 1,337
performed pursuant to this chapter. If a current or former 1,338
member, agent, representative, or employee requests the state to 1,339
defend the individual against any claim or action arising out of 1,340
any act, omission, proceeding, conduct, or decision related to 1,342
the individual's official duties, if the request is made in 1,344
writing at a reasonable time before trial, and if the individual 1,345
requesting defense cooperates in good faith in the defense of the 1,346
claim or action, the state shall provide and pay for such defense 1,347
and shall pay any resulting judgment, compromise, or settlement. 1,348
At no time shall the state pay that part of a claim or judgment 1,349
that is for punitive or exemplary damages. 1,350
31
(F) Any action taken by the board under this section 1,352
resulting in a suspension from practice shall be accompanied by a 1,353
written statement of the conditions under which the person may be 1,354
reinstated to practice. 1,355
(G) No unilateral surrender of a NURSING license, 1,357
CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN CERTIFICATE 1,358
issued under this chapter shall be effective unless accepted by 1,360
majority vote of the board. No application for a NURSING 1,361
license, CERTIFICATE OF AUTHORITY, OR DIALYSIS TECHNICIAN 1,362
CERTIFICATE issued under this chapter may be withdrawn without a 1,363
majority vote of the board.
(H) Notwithstanding division (B)(23)(24) of this section, 1,365
sanctions shall not be imposed against any licensee who waives 1,366
deductibles and copayments: 1,367
(1) In compliance with the health benefit plan that 1,369
expressly allows such a practice. Waiver of the deductibles or 1,370
copayments shall be made only with the full knowledge and consent 1,371
of the plan purchaser, payer, and third-party administrator. The 1,372
consent shall be made available to the board upon request. 1,373
(2) For professional services rendered to any other person 1,375
licensed pursuant to this chapter to the extent allowed by this 1,376
chapter and the rules of the board. 1,377
Sec. 4723.281. (A) As used in this section, with regard 1,386
to offenses committed in Ohio, "aggravated murder," "murder," 1,387
"voluntary manslaughter," "felonious assault," "kidnapping," 1,388
"rape," "sexual battery," "aggravated arson," and "aggravated 1,389
burglary" mean such offenses as defined in Title XXIX of the 1,390
Revised Code; with regard to offenses committed in other 1,391
jurisdictions, the terms mean offenses comparable to offenses 1,392
defined in Title XXIX of the Revised Code. 1,393
(B) The board of nursing may impose a summary suspension 1,395
without a hearing on a person licensed WHO HOLDS A NURSING 1,396
LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under this 1,398
chapter if it determines that there is evidence that the license 1,399
32
OR CERTIFICATE holder is subject to actions under division (B) of 1,401
section 4723.28 of the Revised Code and that there is clear and 1,402
convincing evidence that continued practice by the license OR 1,403
CERTIFICATE holder presents a danger of immediate and serious 1,405
harm to the public. The president and the executive director of 1,406
the board shall make a preliminary determination and describe the 1,407
evidence on which they made their determination to the other 1,408
members of the board. The board may by resolution designate 1,409
another board member to act in place of the president of the 1,410
board and another employee to act in the place of the executive 1,411
director, in the event that the board president or executive 1,412
director is unavailable or unable to act. On consideration of the 1,413
evidence, the board may by an affirmative vote of seven members, 1,414
not including the president of the board or the person named to 1,415
act in place of the president, impose the summary suspension. 1,416
The description of the evidence and information may be given and 1,417
the vote taken by telephone conference call. 1,418
Immediately following the decision to impose a summary 1,420
suspension under this division, the board shall issue a written 1,421
order of suspension and cause it to be delivered by certified 1,422
mail or in person in accordance with section 119.07 of the 1,423
Revised Code. The order shall not be subject to suspension by 1,424
the court during the pendency of any appeal filed under section 1,425
119.12 of the Revised Code. If the license OR CERTIFICATE holder 1,426
requests an adjudication hearing, the date set for the hearing 1,428
shall be within fifteen days but not earlier than seven days 1,429
after the license OR CERTIFICATE holder has requested a hearing, 1,430
unless another date is agreed to by both the license OR 1,432
CERTIFICATE holder and the board. The summary suspension shall 1,434
remain in effect, unless reversed by the board, until a final 1,435
adjudication order issued by the board pursuant to this section 1,436
and Chapter 119. of the Revised Code becomes effective. 1,437
The board shall issue its final adjudication order within 1,439
ninety days after completion of the hearing. If the board does 1,440
33
not issue such order within the ninety-day period, the summary 1,441
suspension shall be void, but any final adjudication order issued 1,442
subsequent to the ninety-day period shall not be affected. 1,443
(C) The license OR CERTIFICATE of a person licensed under 1,446
this chapter REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR
DIALYSIS TECHNICIAN is automatically suspended on that person's 1,448
conviction, plea of guilty, or judicial determination of guilt of 1,449
any of the following in Ohio or any other jurisdiction of the 1,450
United States: aggravated murder, murder, voluntary manslaughter, 1,451
felonious assault, kidnapping, rape, sexual battery, aggravated 1,452
arson, or aggravated burglary. The suspension shall remain in 1,453
effect from the date of the conviction, plea, or finding until an 1,454
adjudicatory hearing is held under Chapter 119. of the Revised 1,455
Code. If the board has knowledge that an automatic suspension 1,456
has occurred, it shall notify the license holder REGISTERED 1,457
NURSE, LICENSED PRACTICAL NURSE, OR DIALYSIS TECHNICIAN. If the 1,459
license holder REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR 1,460
DIALYSIS TECHNICIAN is notified and either fails to request an 1,461
adjudicatory hearing within the time periods established by 1,463
Chapter 119. of the Revised Code or fails to participate in the 1,464
hearing, the board may enter a final order revoking the PERSON'S 1,465
license OR CERTIFICATE. 1,466
Sec. 4723.282. (A) As used in this section, "practice 1,476
deficiency" means any activity that does not meet acceptable and 1,477
prevailing standards of safe and effective nursing care OR 1,478
DIALYSIS CARE.
(B) The board of nursing may abstain from taking 1,480
disciplinary action under section 4723.28 of the Revised Code 1,482
against the holder of a license or certificate issued under this 1,483
chapter who has a practice deficiency that has been identified by 1,484
the board through an investigation conducted under section 1,485
4723.28 of the Revised Code. The board may abstain from taking 1,486
action only if the board has reason to believe that the 1,487
individual's practice deficiency can be corrected through 1,488
34
remediation, and if the individual enters into an agreement with 1,489
the board to seek remediation as prescribed by the board, 1,490
complies with the terms and conditions of the remediation, and 1,491
successfully completes the remediation. If an individual fails 1,492
to complete the remediation or the board determines that 1,493
remediation cannot correct the individual's practice deficiency, 1,494
the board shall proceed with disciplinary action in accordance 1,495
with section 4723.28 of the Revised Code. 1,496
(C) To implement its authority under this section to 1,498
abstain from taking disciplinary action, the board shall 1,499
establish a practice intervention and improvement program. The 1,500
board shall designate an administrator to operate the program 1,501
and, in accordance with Chapter 119. of the Revised Code, adopt 1,503
rules for the program that establish the following: 1,504
(1) Criteria for use in identifying an individual's 1,506
practice deficiency; 1,507
(2) Requirements that an individual must meet to be 1,509
eligible for remediation and the board's abstention from 1,510
disciplinary action; 1,511
(3) Standards and procedures for prescribing remediation 1,513
that is appropriate for an individual's identified practice 1,514
deficiency; 1,515
(4) Terms and conditions that an individual must meet to 1,517
be successful in completing the remediation prescribed; 1,518
(5) Procedures for the board's monitoring of the 1,520
individual's remediation; 1,521
(6) Procedures for maintaining confidential records 1,523
regarding individuals who participate in remediation; 1,524
(7) Any other requirements or procedures necessary to 1,526
develop and administer the program. 1,527
(D) All records held by the board for purposes of the 1,529
program shall be confidential, are not public records for 1,530
purposes of section 149.43 of the Revised Code, and are not 1,532
subject to discovery by subpoena or admissible as evidence in any 1,533
35
judicial proceeding. The administrator of the program shall 1,534
maintain all records in the board's office in accordance with the 1,535
board's record retention schedule.
(E) When an individual begins the remediation prescribed 1,538
by the board, the individual shall sign a waiver permitting any 1,539
entity that provides services related to the remediation to 1,540
release to the board information regarding the individual's 1,541
progress. An entity that provides services related to 1,542
remediation shall report to the board if the individual fails to 1,543
complete the remediation.
In the absence of fraud or bad faith, an entity that 1,545
reports to the board regarding an individual's practice 1,546
deficiency, or progress or lack of progress in remediation, is 1,547
not liable in damages to any person as a result of making the 1,548
report.
(F) An individual participating in remediation prescribed 1,551
under this section is responsible for all financial obligations 1,552
that may arise from obtaining or completing the remediation. 1,553
Sec. 4723.34. (A) Every employer of registered nurses or, 1,562
licensed practical nurses, OR DIALYSIS TECHNICIANS shall report 1,563
to the board of nursing the name of any person licensed WHO HOLDS 1,565
A NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED under 1,567
this chapter whose employment has been terminated voluntarily or 1,568
involuntarily because of conduct that would be grounds for 1,569
disciplinary action by the board under division (B) of section 1,570
4723.28 of the Revised Code. 1,571
(B) Nursing associations shall report to the board the 1,573
name of any registered nurse or licensed practical nurse who has 1,574
been investigated and found to constitute a danger to the public 1,575
health, safety, and welfare because of conduct that would be 1,576
grounds for disciplinary action by the board under section 1,577
4723.28 of the Revised Code, except that a nursing association is 1,578
not required to report the name of such a nurse if the nurse is 1,579
maintaining satisfactory participation in a peer support program 1,580
36
approved by the board under rules adopted under section 4723.07 1,581
of the Revised Code. 1,582
(C) If the prosecutor in a case described in divisions 1,584
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a 1,585
case where the trial court issued an order of dismissal upon 1,586
technical or procedural grounds of a charge of a misdemeanor 1,587
committed in the course of practice, a felony charge, or a charge 1,588
of gross immorality or moral turpitude, knows or has reason to 1,589
believe that the person charged is licensed under this chapter to 1,590
practice nursing as a registered nurse or as a licensed practical 1,591
nurse OR HOLDS A CERTIFICATE ISSUED UNDER THIS CHAPTER TO 1,593
PRACTICE AS A DIALYSIS TECHNICIAN, the prosecutor shall notify
the board of nursing on forms prescribed and provided by the 1,595
board. The report shall include the name and address of the 1,596
license OR CERTIFICATE holder, the charge, and the certified 1,598
court documents recording the action.
(D) If any person fails to provide a report required by 1,600
this section, the board may seek an order from a court of 1,601
competent jurisdiction compelling submission of the report. 1,602
Sec. 4723.341. As used in this section, "person" has the 1,611
same meaning as in section 1.59 of the Revised Code and also 1,612
includes the board of nursing and its members and employees; 1,613
health care facilities, associations, and societies; insurers; 1,614
and individuals. 1,615
In the absence of fraud or bad faith, no person reporting 1,617
to the board of nursing or testifying in an adjudication hearing 1,618
conducted under Chapter 119. of the Revised Code with regard to 1,619
alleged incidents of negligence or malpractice, matters subject 1,620
to section 2301.373 or 4723.28 of the Revised Code, violations of 1,621
section 4723.34 of the Revised Code, or the qualifications, 1,622
fitness, or character of a person licensed or applying for a 1,623
license to practice nursing as a registered nurse or licensed 1,624
practical nurse, OR HOLDING OR APPLYING FOR A CERTIFICATE TO 1,625
PRACTICE AS A DIALYSIS TECHNICIAN, shall be subject to any civil 1,626
37
action or liable for damages as a result of making the report or 1,628
testifying.
In the absence of fraud or bad faith, no professional 1,630
association of individuals who are licensed under this chapter 1,631
REGISTERED NURSES OR LICENSED PRACTICAL NURSES that sponsors a 1,633
committee or program to provide peer assistance to nurses with 1,634
substance abuse problems, no representative or agent of such a 1,635
committee or program, and no member of the board of nursing shall 1,636
be liable to any person for damages in a civil action by reason 1,637
of actions taken to refer a nurse to a treatment provider 1,638
designated by the board or actions or omissions of the provider 1,639
in treating a nurse.
Sec. 4723.35. (A) As used in this section, "chemical 1,648
dependency" means either of the following: 1,649
(1) The chronic and habitual use of alcoholic beverages to 1,651
the extent that the user no longer can control the use of alcohol 1,652
or endangers the user's health, safety, or welfare or that of 1,653
others;
(2) The use of a drug of abuse, as defined in section 1,655
3719.011 of the Revised Code, to the extent that the user becomes 1,656
physically or psychologically dependent on the drug or endangers 1,657
the user's health, safety, or welfare or that of others. 1,658
(B) The board of nursing shall establish a chemical 1,660
dependency treatment MONITORING program, which shall be called 1,661
the alternative program for chemically dependent nurses CHEMICAL 1,664
DEPENDENCY. The progarm PROGRAM shall be available to registered 1,665
nurses and licensed practical nurses PERSONS who HOLD A NURSING 1,666
LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE ISSUED UNDER THIS 1,667
CHAPTER, have a chemical dependency, and meet eligibility 1,669
requirements. The board shall develop the program and designate 1,670
an administrator to operate it, and shall adopt rules in 1,671
accordance with Chapter 119. of the Revised Code that establish 1,672
the following:
(1) Eligibility requirements for participation; 1,674
38
(2) Terms and conditions a nurse PARTICIPANT must meet to 1,676
successfully complete the program; 1,678
(3) Procedures for keeping confidential records regarding 1,680
participants;
(4) Any other requirements or procedures necessary to 1,682
establish and administer the program. 1,683
(C) A registered nurse or licensed practical nurse PERSON 1,685
WHO HOLDS A NURSING LICENSE OR DIALYSIS TECHNICIAN CERTIFICATE 1,686
ISSUED UNDER THIS CHAPTER may voluntarily seek treatment for any 1,688
chemical dependency that may be grounds for disciplinary action 1,690
by the board under division (B) of section 4723.28 of the Revised
Code. The board of nursing may abstain from taking disciplinary 1,693
action against a nurse PERSON who voluntarily seeks treatment if 1,694
it finds that the nurse PERSON can be treated effectively and 1,696
that there is no impairment of ability to practice according to 1,697
acceptable and prevailing standards of safe nursing OR DIALYSIS 1,698
care. The board may require, as a condition of its abstention, 1,700
that the nurse PERSON participate in the alternative program for 1,702
chemically dependent nurses CHEMICAL DEPENDENCY, comply with the 1,703
terms and conditions of the program, and successfully complete 1,705
it.
(D) A nurse PERSON who voluntarily participates in the 1,707
alternative program for chemically dependent nurses CHEMICAL 1,709
DEPENDENCY without being referred by the board and complies with 1,711
the terms and conditions of the program and the requirements of 1,712
this section shall not be subject to investigation or
disciplinary action by the board for chemical dependency. The 1,713
nurse PERSON shall report to the board any failure to comply with 1,715
the terms and conditions of the program or successfully complete 1,716
it.
(E) Except as provided in division (F) of this section, 1,718
all records, including medical records, chemical dependency 1,720
records, and mental health records, of a participant in the 1,721
program shall be confidential, are not public records for the 1,722
39
purposes of section 149.43 of the Revised Code, and are not
subject to discovery by subpoena or admissible as evidence in any 1,724
judicial proceeding. The administrator of the program shall 1,725
maintain all records in the board's office for a period of five 1,726
years.
(F) On commencement of participation in the program, a 1,729
registered nurse or licensed practical nurse PERSON shall sign a 1,730
waiver permitting the program administrator to release to the 1,731
board the nurse's PERSON'S records if the nurse PERSON fails to 1,733
comply with the terms and conditions of the program, does not 1,734
successfully complete the program, or is unable to practice 1,736
according to acceptable and prevailing standards of safe nursing 1,738
care OR DIALYSIS CARE due to chemical dependency. The 1,740
administrator shall report to the board any such nurse PERSON and 1,741
release the nurse's PERSON'S records to it. The board shall then 1,743
investigate in accordance with division (E) of section 4723.28 of 1,744
the Revised Code.
(G) In the absence of fraud or bad faith, any person 1,746
reporting to the program with regard to a nurse's chemical 1,748
dependence OF A PERSON WHO HOLDS A NURSING LICENSE OR DIALYSIS 1,749
TECHNICIAN CERTIFICATE ISSUED UNDER THIS CHAPTER, or the progress 1,751
or lack of progress of that nurse PERSON with regard to
treatment, shall be immune from any civil action and shall not be 1,753
liable for civil damages as a result of the report. 1,754
Sec. 4723.63. On receipt of a notice pursuant to section 1,763
2301.373 of the Revised Code, the board of nursing shall comply 1,764
with that section with respect to a NURSING license OR DIALYSIS 1,765
TECHNICIAN CERTIFICATE issued pursuant to this chapter. 1,767
Sec. 4723.71. (A) THERE IS HEREBY ESTABLISHED, UNDER THE 1,770
BOARD OF NURSING, THE ADVISORY GROUP ON DIALYSIS. THE ADVISORY 1,771
GROUP SHALL ADVISE THE BOARD OF NURSING REGARDING THE 1,772
QUALIFICATIONS, STANDARDS FOR TRAINING, AND COMPETENCE OF 1,773
DIALYSIS TECHNICIANS AND ALL OTHER MATTERS RELATED TO DIALYSIS 1,774
TECHNICIANS. THE ADVISORY GROUP SHALL CONSIST OF THE MEMBERS 1,776
40
APPOINTED UNDER DIVISIONS (B) AND (C) OF THIS SECTION. A MEMBER 1,778
OF THE BOARD OF NURSING OR A REPRESENTATIVE APPOINTED BY THE 1,779
BOARD SHALL SERVE AS CHAIRPERSON OF ALL MEETINGS OF THE ADVISORY 1,780
GROUP.
(B) THE BOARD OF NURSING SHALL APPOINT THE FOLLOWING AS 1,783
MEMBERS OF THE ADVISORY GROUP: 1,784
(1) FOUR DIALYSIS TECHNICIANS; 1,786
(2) A REGISTERED NURSE WHO REGULARLY PERFORMS DIALYSIS AND 1,789
CARES FOR PATIENTS WHO RECEIVE DIALYSIS;
(3) A PHYSICIAN, RECOMMENDED BY THE STATE MEDICAL BOARD, 1,791
WHO SPECIALIZES IN NEPHROLOGY; 1,792
(4) AN ADMINISTRATOR OF A DIALYSIS CENTER; 1,794
(5) A DIALYSIS PATIENT; 1,796
(6) A REPRESENTATIVE OF THE ASSOCIATION FOR HOSPITALS AND 1,798
HEALTH SYSTEMS (OHA); 1,799
(7) A REPRESENTATIVE FROM THE END-STAGE RENAL DISEASE 1,801
NETWORK, AS DEFINED IN 42 C.F.R. 405.2102. 1,804
(C) THE MEMBERS OF THE ADVISORY GROUP APPOINTED UNDER 1,807
DIVISION (B) OF THIS SECTION MAY RECOMMEND ADDITIONAL PERSONS TO 1,810
SERVE AS MEMBERS OF THE ADVISORY GROUP. THE BOARD OF NURSING MAY
APPOINT, AS APPROPRIATE, ANY OF THE ADDITIONAL PERSONS 1,812
RECOMMENDED.
(D) THE BOARD OF NURSING SHALL SPECIFY THE TERMS FOR THE 1,815
ADVISORY GROUP MEMBERS. MEMBERS SHALL SERVE AT THE DISCRETION OF 1,817
THE BOARD OF NURSING. MEMBERS SHALL RECEIVE THEIR ACTUAL AND 1,818
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL 1,820
DUTIES.
(E) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 1,824
THE ADVISORY GROUP. 1,825
Sec. 4723.72. (A) A DIALYSIS TECHNICIAN MAY ENGAGE IN 1,827
DIALYSIS CARE BY DOING THE FOLLOWING: 1,828
(1) PERFORMING AND MONITORING DIALYSIS PROCEDURES, 1,830
INCLUDING INITIATING, MONITORING, AND DISCONTINUING DIALYSIS; 1,831
(2) DRAWING BLOOD; 1,833
41
(3) ADMINISTERING ANY OF THE MEDICATIONS SPECIFIED IN 1,835
DIVISION (C) OF THIS SECTION WHEN THE ADMINISTRATION IS ESSENTIAL 1,836
TO THE DIALYSIS PROCESS; 1,838
(4) RESPONDING TO COMPLICATIONS THAT ARISE DURING 1,840
DIALYSIS.
(B) A DIALYSIS TECHNICIAN MAY PROVIDE THE DIALYSIS CARE 1,842
SPECIFIED IN DIVISION (A) OF THIS SECTION ONLY IF THE CARE HAS 1,843
BEEN DELEGATED TO THE TECHNICIAN BY A PHYSICIAN OR REGISTERED 1,844
NURSE AND THE TECHNICIAN IS UNDER THE SUPERVISION OF A PHYSICIAN 1,846
OR REGISTERED NURSE. SUPERVISION REQUIRES THAT THE DIALYSIS 1,847
TECHNICIAN BE IN THE IMMEDIATE PRESENCE OF A PHYSICIAN OR 1,848
REGISTERED NURSE, OR, IN THE CASE OF DIALYSIS CARE PROVIDED IN A 1,849
PATIENT'S HOME, THAT THE DIALYSIS TECHNICIAN BE SUPERVISED IN 1,850
ACCORDANCE WITH THE RULES ADOPTED UNDER SECTION 4723.79 OF THE 1,851
REVISED CODE FOR SUPERVISION OF DIALYSIS TECHNICIANS WHO PROVIDE 1,852
DIALYSIS CARE IN A PATIENT'S HOME. DIVISION (E)(5) OF SECTION 1,853
4723.73 OF THE REVISED CODE DOES NOT ALLOW A DIALYSIS TECHNICIAN 1,854
WHO PROVIDES DIALYSIS CARE IN A PATIENT'S HOME TO PROVIDE 1,855
DIALYSIS CARE THAT IS NOT AUTHORIZED UNDER THIS SECTION.
(C) A DIALYSIS TECHNICIAN MAY ADMINISTER MEDICATION ONLY 1,858
AS ORDERED BY A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 1,859
PRESCRIBE DRUGS AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE 1,860
AND IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN RULES ADOPTED 1,861
UNDER SECTION 4723.79 OF THE REVISED CODE. A DIALYSIS TECHNICIAN 1,864
MAY ADMINISTER ONLY THE FOLLOWING MEDICATIONS: 1,865
(1) INTRADERMAL LIDOCAINE OR OTHER SINGLE THERAPEUTICALLY 1,867
EQUIVALENT LOCAL ANESTHETIC FOR THE PURPOSE OF INITIATING 1,868
DIALYSIS TREATMENT;
(2) INTRAVENOUS HEPARIN OR OTHER SINGLE THERAPEUTICALLY 1,870
EQUIVALENT ANTICOAGULANT FOR THE PURPOSE OF INITIATING AND 1,871
MAINTAINING DIALYSIS TREATMENT; 1,872
(3) INTRAVENOUS NORMAL SALINE; 1,874
(4) PATIENT-SPECIFIC DIALYSATE, TO WHICH THE PERSON MAY 1,876
ADD ELECTROLYTES BUT NO OTHER ADDITIVES OR MEDICATIONS. 1,877
42
Sec. 4723.73. (A) NO PERSON SHALL CLAIM TO THE PUBLIC TO 1,880
BE A DIALYSIS TECHNICIAN UNLESS THE PERSON HOLDS A CURRENT, VALID 1,881
CERTIFICATE ISSUED UNDER SECTION 4723.75 OR RENEWED UNDER SECTION 1,883
4723.77 OR A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED UNDER 1,884
SECTION 4723.76 OF THE REVISED CODE. 1,886
(B) NO PERSON SHALL USE THE TITLE "OHIO CERTIFIED DIALYSIS 1,890
TECHNICIAN," THE INITIALS "OCDT," OR ANY OTHER TITLE OR INITIALS 1,893
TO REPRESENT THAT THE PERSON IS AUTHORIZED TO PERFORM DIALYSIS 1,894
CARE AS A FULLY CERTIFIED DIALYSIS TECHNICIAN, UNLESS THE PERSON 1,895
HOLDS A CURRENT, VALID CERTIFICATE ISSUED UNDER SECTION 4723.75 1,896
OR RENEWED UNDER SECTION 4723.77 OF THE REVISED CODE. 1,897
(C) NO PERSON SHALL USE ANY TITLE OR INITIALS TO REPRESENT 1,899
THAT THE PERSON IS AUTHORIZED TO PERFORM DIALYSIS CARE AS A 1,900
TEMPORARILY CERTIFIED DIALYSIS TECHNICIAN, UNLESS THE PERSON 1,901
HOLDS A CURRENT, VALID TEMPORARY CERTIFICATE ISSUED UNDER SECTION 1,902
4723.76 OF THE REVISED CODE. 1,903
(D) NO DIALYSIS TECHNICIAN SHALL ENGAGE IN DIALYSIS CARE 1,905
IN A MANNER THAT IS INCONSISTENT WITH SECTION 4723.72 OF THE 1,907
REVISED CODE. 1,908
(E) NO PERSON OTHER THAN A DIALYSIS TECHNICIAN SHALL 1,910
ENGAGE IN THE DIALYSIS CARE THAT IS AUTHORIZED BY SECTION 4723.72 1,912
OF THE REVISED CODE, UNLESS ONE OF THE FOLLOWING APPLIES: 1,914
(1) THE PERSON IS A REGISTERED NURSE OR LICENSED PRACTICAL 1,916
NURSE. 1,917
(2) THE PERSON IS A PHYSICIAN. 1,919
(3) THE PERSON IS A STUDENT PERFORMING DIALYSIS CARE UNDER 1,921
THE SUPERVISION OF AN INSTRUCTOR AS AN INTEGRAL PART OF A 1,922
DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER 1,923
SECTION 4723.74 OF THE REVISED CODE. 1,924
(4) THE PERSON IS A DIALYSIS PATIENT WHO HAS BEEN TRAINED 1,926
TO ENGAGE IN THE DIALYSIS CARE WITH LITTLE OR NO PROFESSIONAL 1,927
ASSISTANCE BY COMPLETING A MEDICARE-APPROVED SELF-DIALYSIS OR 1,928
HOME DIALYSIS TRAINING PROGRAM. 1,929
(5) THE PERSON IS A FAMILY MEMBER OR FRIEND OF A DIALYSIS 1,931
43
PATIENT WHO ENGAGES IN SELF-DIALYSIS OR HOME DIALYSIS, AND THE 1,932
PERSON ENGAGES IN THE DIALYSIS CARE BY ASSISTING THE PATIENT IN 1,933
PERFORMING THE SELF-DIALYSIS OR HOME DIALYSIS, AFTER THE PERSON 1,934
PROVIDING THE ASSISTANCE HAS COMPLETED A MEDICARE-APPROVED 1,936
SELF-DIALYSIS OR HOME DIALYSIS TRAINING PROGRAM FOR THE 1,937
PARTICULAR DIALYSIS PATIENT BEING ASSISTED.
(F) NO PERSON SHALL OPERATE A DIALYSIS TRAINING PROGRAM, 1,939
UNLESS THE PROGRAM IS APPROVED BY THE BOARD OF NURSING UNDER 1,940
SECTION 4723.74 OF THE REVISED CODE. 1,941
Sec. 4723.74. A PERSON WHO SEEKS TO OPERATE A DIALYSIS 1,943
TRAINING PROGRAM SHALL APPLY TO THE BOARD OF NURSING FOR APPROVAL 1,944
OF THE PROGRAM. APPLICATIONS SHALL BE SUBMITTED IN ACCORDANCE 1,946
WITH RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 1,948
THE PERSON SHALL INCLUDE WITH THE APPLICATION THE FEE PRESCRIBED 1,950
IN THOSE RULES. IF THE PROGRAM MEETS THE REQUIREMENTS FOR 1,951
APPROVAL AS SPECIFIED IN THE RULES, THE BOARD SHALL APPROVE THE 1,952
PROGRAM. THE BOARD MAY WITHDRAW THE APPROVAL OF A PROGRAM THAT 1,953
CEASES TO MEET THE REQUIREMENTS FOR APPROVAL. A PROGRAM SHALL
APPLY FOR REAPPROVAL AND MAY BE REAPPROVED IN ACCORDANCE WITH 1,954
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 1,955
Sec. 4723.75. (A) THE BOARD OF NURSING SHALL ISSUE A 1,958
CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A PERSON WHO 1,959
MEETS ALL OF THE FOLLOWING REQUIREMENTS: 1,960
(1) THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH 1,962
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND 1,965
INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES. 1,966
(2) THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND 1,968
POSSESSES A HIGH SCHOOL DIPLOMA OR HIGH SCHOOL EQUIVALENCE 1,969
DIPLOMA. 1,970
(3) THE PERSON MEETS THE REQUIREMENTS ESTABLISHED BY THE 1,972
BOARD'S RULES. 1,973
(4) THE PERSON DEMONSTRATES COMPETENCY TO PRACTICE AS A 1,975
DIALYSIS TECHNICIAN, AS SPECIFIED UNDER DIVISION (B) OF THIS 1,976
SECTION.
44
(B) FOR A PERSON TO DEMONSTRATE COMPETENCE TO PRACTICE AS 1,978
A DIALYSIS TECHNICIAN, ONE OF THE FOLLOWING MUST APPLY: 1,979
(1) THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 1,981
(a) THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS 1,984
TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF 1,985
THE REVISED CODE. 1,986
(b) THE PERSON HAS BEEN EMPLOYED TO PERFORM DIALYSIS CARE 1,989
BY A DIALYSIS PROVIDER FOR NOT LESS THAN TWELVE MONTHS PRIOR TO 1,990
THE DATE OF APPLICATION.
(c) THE PERSON PASSES A CERTIFICATION EXAMINATION 1,992
DEMONSTRATING COMPETENCE TO PERFORM DIALYSIS CARE. THE PERSON 1,994
MUST PASS THE EXAMINATION NOT LATER THAN EIGHTEEN MONTHS AFTER 1,996
ENTERING A DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD UNDER 1,997
SECTION 4723.74 OF THE REVISED CODE. A PERSON WHO DOES NOT PASS 1,998
THE EXAMINATION WITHIN EIGHTEEN MONTHS AFTER ENTERING A DIALYSIS 1,999
TRAINING PROGRAM MUST REPEAT AND SUCCESSFULLY COMPLETE THE 2,000
TRAINING PROGRAM, OR SUCCESSFULLY COMPLETE ANOTHER DIALYSIS 2,001
TRAINING PROGRAM APPROVED BY THE BOARD, AND PASS THE EXAMINATION 2,002
NOT LESS THAN SIX MONTHS AFTER ENTERING THE NEW OR REPEATED 2,003
PROGRAM. A PERSON WHO DOES NOT PASS THE EXAMINATION WITHIN SIX 2,004
MONTHS AFTER ENTERING THE NEW OR REPEATED PROGRAM MUST WAIT AT 2,005
LEAST ONE YEAR BEFORE ENTERING OR REENTERING ANY DIALYSIS 2,006
TRAINING PROGRAM APPROVED BY THE BOARD, AFTER WHICH THE PERSON 2,007
MUST SUCCESSFULLY COMPLETE A DIALYSIS TRAINING PROGRAM APPROVED 2,008
BY THE BOARD AND PASS THE EXAMINATION NOT LATER THAN SIX MONTHS 2,009
AFTER ENTERING THE PROGRAM. 2,010
(2) THE PERSON MEETS BOTH OF THE FOLLOWING REQUIREMENTS: 2,012
(a) THE PERSON HOLDS, ON THE EFFECTIVE DATE OF THIS 2,015
SECTION, A CURRENT, VALID CERTIFICATE FROM A QUALIFYING TESTING
ORGANIZATION SPECIFIED BY THE BOARD UNDER DIVISION (B) OF SECTION 2,017
4723.751 OF THE REVISED CODE OR PROVIDES EVIDENCE SATISFACTORY TO 2,018
THE BOARD OF HAVING PASSED THE EXAMINATION OF A QUALIFYING 2,019
TESTING ORGANIZATION NOT LONGER THAN FIVE YEARS PRIOR TO THE 2,022
EFFECTIVE DATE OF THIS SECTION.
45
(b) THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON PROVIDES 2,025
THE BOARD WITH THE INFORMATION SPECIFIED IN RULES ADOPTED UNDER
SECTION 4723.79 OF THE REVISED CODE ATTESTING TO THE PERSON'S 2,027
COMPETENCE TO PERFORM DIALYSIS CARE. 2,028
(3) THE PERSON SUBMITS EVIDENCE SATISFACTORY TO THE BOARD 2,031
THAT THE PERSON HOLDS A CURRENT, VALID LICENSE, CERTIFICATE, OR 2,032
OTHER AUTHORIZATION TO PERFORM DIALYSIS CARE ISSUED BY ANOTHER 2,033
STATE THAT HAS STANDARDS FOR DIALYSIS TECHNICIANS THAT THE BOARD 2,034
CONSIDERS SUBSTANTIALLY SIMILAR TO THOSE ESTABLISHED UNDER
SECTIONS 4723.71 TO 4723.79 OF THE REVISED CODE. 2,037
Sec. 4723.751. (A) THE BOARD OF NURSING SHALL EITHER 2,039
CONDUCT DIALYSIS TECHNICIAN CERTIFICATION EXAMINATIONS ITSELF OR, 2,041
IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4723.79 OF THE 2,042
REVISED CODE, APPROVE TESTING ORGANIZATIONS TO CONDUCT THE 2,044
EXAMINATIONS. IF IT CONDUCTS THE EXAMINATIONS, THE BOARD MAY USE 2,045
ALL OR PART OF A STANDARD EXAMINATION CREATED BY A TESTING 2,046
ORGANIZATION APPROVED BY THE BOARD. REGARDLESS OF WHO CONDUCTS 2,047
IT, THE EXAMINATION SHALL COVER ALL OF THE SUBJECTS SPECIFIED IN 2,049
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 2,051
(B) THE BOARD SHALL SPECIFY THE TESTING ORGANIZATIONS THAT 2,053
QUALIFY A PERSON TO DEMONSTRATE COMPETENCE TO PRACTICE AS A 2,054
DIALYSIS TECHNICIAN PURSUANT TO DIVISION (B)(2) OF SECTION 2,055
4723.75 OF THE REVISED CODE. 2,056
Sec. 4723.76. (A) THE BOARD OF NURSING SHALL ISSUE A 2,058
TEMPORARY CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A 2,059
PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS: 2,060
(1) THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH 2,062
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE AND 2,064
INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE RULES. 2,065
(2) THE PERSON PROVIDES DOCUMENTATION FROM THE PERSON'S 2,067
EMPLOYER THAT DEMONSTRATES THAT THE PERSON IS COMPETENT TO 2,068
PERFORM DIALYSIS CARE. 2,069
(3) ONE OF THE FOLLOWING APPLIES: 2,071
(a) THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS 2,073
46
TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER SECTION 2,074
4723.74 OF THE REVISED CODE. 2,075
(b) THE PERSON IS, ON THE EFFECTIVE DATE OF THIS SECTION, 2,077
EMPLOYED AS A DIALYSIS TECHNICIAN BUT HAS BEEN SO EMPLOYED FOR 2,078
LESS THAN TWELVE MONTHS. 2,079
(c) THE PERSON HAS EXPERIENCE AS A DIALYSIS TECHNICIAN IN 2,081
A JURISDICTION THAT DOES NOT LICENSE OR CERTIFY DIALYSIS 2,082
TECHNICIANS AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM 2,083
THAT IS SUBSTANTIALLY SIMILAR TO A PROGRAM APPROVED BY THE BOARD. 2,084
(B) A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS 2,086
THE REQUIREMENT IN DIVISION (A)(3)(a) OF THIS SECTION IS VALID 2,088
FOR EIGHTEEN MONTHS FROM THE DATE ON WHICH THE HOLDER ENTERED A 2,089
DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD UNDER SECTION 2,090
4723.74 OF THE REVISED CODE.
A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE 2,093
REQUIREMENT IN DIVISION (A)(3)(b) OF THIS SECTION IS VALID FOR 2,095
THE NUMBER OF MONTHS EQUAL TO EIGHTEEN MONTHS MINUS THE NUMBER OF 2,096
MONTHS THE PERSON HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN. 2,097
A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS THE 2,100
REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION AND HAS BEEN 2,101
WORKING AS A DIALYSIS TECHNICIAN FOR TWELVE MONTHS OR LONGER IS 2,102
VALID FOR SIX MONTHS. A TEMPORARY CERTIFICATE ISSUED TO A PERSON 2,103
WHO MEETS THE REQUIREMENT IN DIVISION (A)(3)(c) OF THIS SECTION 2,104
AND HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN FOR LESS THAN 2,105
TWELVE MONTHS IS VALID FOR THE NUMBER OF MONTHS EQUAL TO EIGHTEEN 2,106
MONTHS MINUS THE NUMBER OF MONTHS THE PERSON HAS BEEN EMPLOYED AS 2,107
A DIALYSIS TECHNICIAN.
(C) A TEMPORARY CERTIFICATE ISSUED UNDER THIS SECTION MAY 2,110
BE RENEWED ONCE IF THE HOLDER ENROLLS OR RE-ENROLLS IN A DIALYSIS 2,111
TRAINING PROGRAM APPROVED BY THE BOARD. A TEMPORARY CERTIFICATE 2,112
THAT HAS BEEN RENEWED IS NOT RENEWABLE. A PERSON HOLDING A 2,113
TEMPORARY CERTIFICATE SHALL PROVIDE A COPY OF THE TEMPORARY 2,114
CERTIFICATE TO THE DIALYSIS PROVIDER WHO EMPLOYS THE PERSON. THE 2,115
PERSON SHALL NOT ACT AS A TRAINER OR PRECEPTOR IN ANY DIALYSIS 2,116
47
TRAINING PROGRAM.
Sec. 4723.77. A CERTIFICATE ISSUED UNDER SECTION 4723.75 2,118
OF THE REVISED CODE EXPIRES BIENNIALLY AND SHALL BE RENEWED 2,121
ACCORDING TO A SCHEDULE ESTABLISHED BY THE BOARD OF NURSING IN 2,122
RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. AN 2,125
APPLICATION FOR RENEWAL OF A CERTIFICATE SHALL BE ACCOMPANIED BY 2,127
THE RENEWAL FEE ESTABLISHED IN RULES ADOPTED BY THE BOARD UNDER 2,128
SECTION 4723.79 OF THE REVISED CODE. A CERTIFICATE MAY BE 2,131
RENEWED ONLY IF, DURING THE PERIOD FOR WHICH THE CERTIFICATE WAS 2,133
ISSUED, THE CERTIFICATE HOLDER SATISFIED THE CONTINUING EDUCATION 2,134
REQUIREMENTS ESTABLISHED BY THE BOARD'S RULES. 2,135
Sec. 4723.78. (A) THE BOARD OF NURSING SHALL ESTABLISH A 2,138
DIALYSIS REGISTRY THAT CONTAINS THE FOLLOWING INFORMATION: 2,139
(1) THE NAMES OF, AND OTHER IDENTIFYING INFORMATION 2,141
SPECIFIED IN RULES ADOPTED UNDER SECTION 4723.79 OF THE REVISED 2,144
CODE ABOUT, THE FOLLOWING: 2,145
(a) PERSONS WHO HAVE ENROLLED IN A DIALYSIS TRAINING 2,148
PROGRAM APPROVED BY THE BOARD UNDER SECTION 4723.74 OF THE 2,149
REVISED CODE; 2,150
(b) PERSONS WHO HOLD A CURRENT, VALID CERTIFICATE ISSUED 2,153
UNDER SECTION 4723.75 OF THE REVISED CODE; 2,155
(c) PERSONS WHO HOLD A CURRENT, VALID TEMPORARY 2,157
CERTIFICATE ISSUED UNDER SECTION 4723.76 OF THE REVISED CODE. 2,160
(2) THE NAMES AND LOCATIONS OF THE DIALYSIS PROVIDERS WHO 2,162
EMPLOY THE DIALYSIS TECHNICIANS LISTED IN DIVISIONS (A)(1)(b) AND 2,165
(c) OF THIS SECTION.
(B) PERSONS SHALL PROVIDE TO THE BOARD INFORMATION THAT IS 2,168
TO BE INCLUDED IN THE DIALYSIS REGISTRY IN ACCORDANCE WITH RULES 2,169
ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE. 2,171
Sec. 4723.79. THE BOARD OF NURSING SHALL ADOPT RULES TO 2,173
ADMINISTER AND ENFORCE SECTIONS 4723.71 TO 4723.79 OF THE REVISED 2,175
CODE. THE BOARD SHALL ADOPT THE RULES IN ACCORDANCE WITH CHAPTER 2,178
119. OF THE REVISED CODE. THE RULES SHALL ESTABLISH OR SPECIFY 2,181
ALL OF THE FOLLOWING:
48
(A) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,184
APPROVAL, REAPPROVAL, AND WITHDRAWING THE APPROVAL OF A DIALYSIS 2,186
TRAINING PROGRAM UNDER SECTION 4723.74 OF THE REVISED CODE. THE 2,189
REQUIREMENTS SHALL INCLUDE STANDARDS THAT MUST BE SATISFIED 2,190
REGARDING CURRICULUM, LENGTH OF TRAINING, AND INSTRUCTIONS IN 2,191
PATIENT CARE. 2,192
(B) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,195
ISSUANCE OF A CERTIFICATE UNDER SECTION 4723.75 OF THE REVISED 2,198
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 2,200
REVISED CODE;
(C) THE APPLICATION PROCESS, FEE, AND REQUIREMENTS FOR 2,203
ISSUANCE OF A TEMPORARY CERTIFICATE UNDER SECTION 4723.76 OF THE 2,204
REVISED CODE; 2,205
(D) THE PROCESS FOR APPROVAL OF TESTING ORGANIZATIONS 2,208
UNDER SECTION 4723.751 OF THE REVISED CODE; 2,211
(E) SUBJECTS TO BE INCLUDED IN A CERTIFICATION EXAMINATION 2,214
PROVIDED FOR IN DIVISION (B)(1) OF SECTION 4723.75 OF THE REVISED 2,216
CODE; 2,217
(F) THE SCHEDULE, FEES, AND CONTINUING EDUCATION 2,220
REQUIREMENTS FOR RENEWAL OF A CERTIFICATE UNDER SECTION 4723.77 2,221
OF THE REVISED CODE, EXCEPT THAT THE FEE FOR THE RENEWAL OF A 2,222
CERTIFICATE SHALL BE NO GREATER THAN THE FEE CHARGED UNDER 2,223
DIVISION (A)(8) OF SECTION 4723.08 OF THE REVISED CODE; 2,224
(G) STANDARDS AND PROCEDURES FOR ESTABLISHING AND 2,226
MAINTAINING THE DIALYSIS REGISTRY REQUIRED BY SECTION 4723.78 OF 2,228
THE REVISED CODE, INCLUDING STANDARDS AND PROCEDURES THAT PERSONS 2,230
MUST FOLLOW IN PROVIDING THE INFORMATION TO BE INCLUDED IN THE 2,231
REGISTRY;
(H) STANDARDS FOR THE ADMINISTRATION OF MEDICATION BY 2,234
DIALYSIS TECHNICIANS UNDER SECTION 4723.72 OF THE REVISED CODE; 2,236
(I) THE INFORMATION A DIALYSIS PROVIDER IS TO PROVIDE TO 2,238
THE BOARD WHEN ATTESTING TO A PERSON'S COMPETENCE TO PERFORM 2,239
DIALYSIS;
49
(J) STANDARDS AND PROCEDURES FOR THE SUPERVISION OF 2,241
DIALYSIS TECHNICIANS WHO PROVIDE DIALYSIS CARE IN A PATIENT'S 2,242
HOME, INCLUDING MONTHLY HOME VISITS BY A REGISTERED NURSE TO 2,244
MONITOR THE QUALITY OF THE DIALYSIS CARE;
(K) ANY OTHER PROCEDURES OR REQUIREMENTS NECESSARY FOR THE 2,247
ADMINISTRATION AND ENFORCEMENT OF SECTIONS 4723.71 TO 4723.79 OF 2,248
THE REVISED CODE. 2,250
Sec. 4723.99. Whoever violates section 4723.03 or, 2,260
4723.44, OR 4723.73 of the Revised Code shall be fined five 2,262
hundred dollars or imprisoned not more than ninety days or both. 2,263
Section 2. That existing sections 121.22, 4723.02, 2,265
4723.04, 4723.06, 4723.07, 4723.08, 4723.271, 4723.28, 4723.281, 2,266
4723.282, 4723.34, 4723.341, 4723.35, 4723.63, and 4723.99 of the 2,267
Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act, except for 2,269
sections 4723.72, 4723.73, 4723.79, and 4723.99 of the Revised 2,270
Code, shall take effect one hundred eighty days after the 2,271
effective date of this act. Sections 4723.72, 4723.73, and 2,272
4723.99 of the Revised Code, as amended and enacted by this act, 2,273
shall take effect one year after the effective date of this act. 2,274
Section 4723.79 of the Revised Code, as enacted by this act, 2,275
shall take effect at the earliest time permitted by law. 2,276
Section 4. The Board of Nursing shall adopt the rules 2,278
provided for in section 4723.79 of the Revised Code not later 2,279
than one hundred eighty days after the effective date of this 2,280
section. In adopting the rules, the Board shall consult with 2,281
representatives designated by the Ohio Renal Association, the 2,282
Ohio Renal Physicians Association, the National Association of 2,283
Nephrology Technologists, the American Nephrology Nurses 2,284
Association, and the Ohio Nurses Association. 2,285
Section 5. Notwithstanding the provision of section 2,287
4723.02 of the Revised Code that defines "dialysis technician" as 2,288
an individual who holds a certificate to practice as a dialysis 2,289
technician, the individuals initially appointed to the Advisory 2,290
50
Group on Dialysis as dialysis technicians need not be certificate 2,291
holders, but must meet all the requirements for receipt of a
certificate. 2,292