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To amend sections 4723.01, 4723.06, 4723.48, | 1 |
4723.482, and 4723.50; to amend, for the purpose | 2 |
of adopting new section numbers as indicated in | 3 |
parentheses, sections 4723.484 (4723.485) and | 4 |
4723.485 (4723.486); and to enact new section | 5 |
4723.484 and section 3333.29 of the Revised Code | 6 |
regarding prescriptive authority of out-of-state | 7 |
advanced practice nurses, cooperation among | 8 |
hospitals and state institutions of higher | 9 |
education with nursing education programs, and the | 10 |
amount of the Drug Repository Program's handling | 11 |
fee. | 12 |
Section 1. That sections 4723.01, 4723.06, 4723.48, 4723.482, | 13 |
and 4723.50 be amended; sections 4723.484 (4723.485), and 4723.485 | 14 |
(4723.486) be amended for the purpose of adopting new section | 15 |
numbers as indicated in parentheses; and new section 4723.484 and | 16 |
section 3333.29 of the Revised Code be enacted to read as follows: | 17 |
Sec. 3333.29. (A) As used in this section, "state institution | 18 |
of higher education" has the same meaning as in section 3345.011 | 19 |
of the Revised Code. | 20 |
(B) The chancellor of the Ohio board of regents shall | 21 |
establish, within the Ohio skills bank, a mechanism to facilitate | 22 |
communication, cooperation, and partnerships among state | 23 |
institutions of higher education with nursing education programs | 24 |
and between state institutions of higher education and hospitals | 25 |
in this state to meet regional and statewide nursing education | 26 |
needs. | 27 |
Sec. 4723.01. As used in this chapter: | 28 |
(A) "Registered nurse" means an individual who holds a | 29 |
current, valid license issued under this chapter that authorizes | 30 |
the practice of nursing as a registered nurse. | 31 |
(B) "Practice of nursing as a registered nurse" means | 32 |
providing to individuals and groups nursing care requiring | 33 |
specialized knowledge, judgment, and skill derived from the | 34 |
principles of biological, physical, behavioral, social, and | 35 |
nursing sciences. Such nursing care includes: | 36 |
(1) Identifying patterns of human responses to actual or | 37 |
potential health problems amenable to a nursing regimen; | 38 |
(2) Executing a nursing regimen through the selection, | 39 |
performance, management, and evaluation of nursing actions; | 40 |
(3) Assessing health status for the purpose of providing | 41 |
nursing care; | 42 |
(4) Providing health counseling and health teaching; | 43 |
(5) Administering medications, treatments, and executing | 44 |
regimens authorized by an individual who is authorized to practice | 45 |
in this state and is acting within the course of the individual's | 46 |
professional practice; | 47 |
(6) Teaching, administering, supervising, delegating, and | 48 |
evaluating nursing practice. | 49 |
(C) "Nursing regimen" may include preventative, restorative, | 50 |
and health-promotion activities. | 51 |
(D) "Assessing health status" means the collection of data | 52 |
through nursing assessment techniques, which may include | 53 |
interviews, observation, and physical evaluations for the purpose | 54 |
of providing nursing care. | 55 |
(E) "Licensed practical nurse" means an individual who holds | 56 |
a current, valid license issued under this chapter that authorizes | 57 |
the practice of nursing as a licensed practical nurse. | 58 |
(F) "The practice of nursing as a licensed practical nurse" | 59 |
means providing to individuals and groups nursing care requiring | 60 |
the application of basic knowledge of the biological, physical, | 61 |
behavioral, social, and nursing sciences at the direction of a | 62 |
licensed physician, dentist, podiatrist, optometrist, | 63 |
chiropractor, or registered nurse. Such nursing care includes: | 64 |
(1) Observation, patient teaching, and care in a diversity of | 65 |
health care settings; | 66 |
(2) Contributions to the planning, implementation, and | 67 |
evaluation of nursing; | 68 |
(3) Administration of medications and treatments authorized | 69 |
by an individual who is authorized to practice in this state and | 70 |
is acting within the course of the individual's professional | 71 |
practice, except that administration of intravenous therapy shall | 72 |
be performed only in accordance with section 4723.17 or 4723.171 | 73 |
of the Revised Code. Medications may be administered by a licensed | 74 |
practical nurse upon proof of completion of a course in medication | 75 |
administration approved by the board of nursing. | 76 |
(4) Administration to an adult of intravenous therapy | 77 |
authorized by an individual who is authorized to practice in this | 78 |
state and is acting within the course of the individual's | 79 |
professional practice, on the condition that the licensed | 80 |
practical nurse is authorized under section 4723.17 or 4723.171 of | 81 |
the Revised Code to perform intravenous therapy and performs | 82 |
intravenous therapy only in accordance with those sections; | 83 |
(5) Delegation of nursing tasks as directed by a registered | 84 |
nurse; | 85 |
(6) Teaching nursing tasks to licensed practical nurses and | 86 |
individuals to whom the licensed practical nurse is authorized to | 87 |
delegate nursing tasks as directed by a registered nurse. | 88 |
(G) "Certified registered nurse anesthetist" means a | 89 |
registered nurse who holds a valid certificate of authority issued | 90 |
under this chapter that authorizes the practice of nursing as a | 91 |
certified registered nurse anesthetist in accordance with section | 92 |
4723.43 of the Revised Code and rules adopted by the board of | 93 |
nursing. | 94 |
(H) "Clinical nurse specialist" means a registered nurse who | 95 |
holds a valid certificate of authority issued under this chapter | 96 |
that authorizes the practice of nursing as a clinical nurse | 97 |
specialist in accordance with section 4723.43 of the Revised Code | 98 |
and rules adopted by the board of nursing. | 99 |
(I) "Certified nurse-midwife" means a registered nurse who | 100 |
holds a valid certificate of authority issued under this chapter | 101 |
that authorizes the practice of nursing as a certified | 102 |
nurse-midwife in accordance with section 4723.43 of the Revised | 103 |
Code and rules adopted by the board of nursing. | 104 |
(J) "Certified nurse practitioner" means a registered nurse | 105 |
who holds a valid certificate of authority issued under this | 106 |
chapter that authorizes the practice of nursing as a certified | 107 |
nurse practitioner in accordance with section 4723.43 of the | 108 |
Revised Code and rules adopted by the board of nursing. | 109 |
(K) "Physician" means an individual authorized under Chapter | 110 |
4731. of the Revised Code to practice medicine and surgery or | 111 |
osteopathic medicine and surgery, except as used in divisions (C) | 112 |
and (D) of section 4723.482 of the Revised Code. | 113 |
(L) "Collaboration" or "collaborating" means the following: | 114 |
(1) In the case of a clinical nurse specialist, except as | 115 |
provided in division (L)(3) of this section, or a certified nurse | 116 |
practitioner, that one or more podiatrists acting within the scope | 117 |
of practice of podiatry in accordance with section 4731.51 of the | 118 |
Revised Code and with whom the nurse has entered into a standard | 119 |
care arrangement or one or more physicians with whom the nurse has | 120 |
entered into a standard care arrangement are continuously | 121 |
available to communicate with the clinical nurse specialist or | 122 |
certified nurse practitioner either in person or by radio, | 123 |
telephone, or other form of telecommunication; | 124 |
(2) In the case of a certified nurse-midwife, that one or | 125 |
more physicians with whom the certified nurse-midwife has entered | 126 |
into a standard care arrangement are continuously available to | 127 |
communicate with the certified nurse-midwife either in person or | 128 |
by radio, telephone, or other form of telecommunication; | 129 |
(3) In the case of a clinical nurse specialist who practices | 130 |
the nursing specialty of mental health or psychiatric mental | 131 |
health without being authorized to prescribe drugs and therapeutic | 132 |
devices, that one or more physicians are continuously available to | 133 |
communicate with the nurse either in person or by radio, | 134 |
telephone, or other form of telecommunication. | 135 |
(M) "Supervision," as it pertains to a certified registered | 136 |
nurse anesthetist, means that the certified registered nurse | 137 |
anesthetist is under the direction of a podiatrist acting within | 138 |
the podiatrist's scope of practice in accordance with section | 139 |
4731.51 of the Revised Code, a dentist acting within the dentist's | 140 |
scope of practice in accordance with Chapter 4715. of the Revised | 141 |
Code, or a physician, and, when administering anesthesia, the | 142 |
certified registered nurse anesthetist is in the immediate | 143 |
presence of the podiatrist, dentist, or physician. | 144 |
(N) "Standard care arrangement" means a written, formal guide | 145 |
for planning and evaluating a patient's health care that is | 146 |
developed by one or more collaborating physicians or podiatrists | 147 |
and a clinical nurse specialist, certified nurse-midwife, or | 148 |
certified nurse practitioner and meets the requirements of section | 149 |
4723.431 of the Revised Code. | 150 |
(O) "Advanced practice nurse" means a certified registered | 151 |
nurse anesthetist, clinical nurse specialist, certified | 152 |
nurse-midwife, or certified nurse practitioner. | 153 |
(P) "Dialysis care" means the care and procedures that a | 154 |
dialysis technician is authorized to provide and perform, as | 155 |
specified in section 4723.72 of the Revised Code. | 156 |
(Q) "Dialysis technician" means an individual who holds a | 157 |
current, valid certificate or temporary certificate issued under | 158 |
this chapter that authorizes the individual to practice as a | 159 |
dialysis technician in accordance with section 4723.72 of the | 160 |
Revised Code. | 161 |
(R) "Certified community health worker" means an individual | 162 |
who holds a current, valid certificate as a community health | 163 |
worker issued by the board of nursing under section 4723.85 of the | 164 |
Revised Code. | 165 |
Sec. 4723.06. (A) The board of nursing shall: | 166 |
(1) Administer and enforce the provisions of this chapter, | 167 |
including the taking of disciplinary action for violations of | 168 |
section 4723.28 of the Revised Code, any other provisions of this | 169 |
chapter, or rules adopted under this chapter; | 170 |
(2) Develop criteria that an applicant must meet to be | 171 |
eligible to sit for the examination for licensure to practice as a | 172 |
registered nurse or as a licensed practical nurse; | 173 |
(3) Issue and renew nursing licenses, dialysis technician | 174 |
certificates, and community health worker certificates, as | 175 |
provided in this chapter; | 176 |
(4) Define the minimum curricula and standards for | 177 |
educational programs of the schools of professional nursing and | 178 |
schools of practical nursing in this state; | 179 |
(5) Survey, inspect, and grant full approval to prelicensure | 180 |
nursing education programs that meet the standards established by | 181 |
rules adopted under section 4723.07 of the Revised Code. | 182 |
Prelicensure nursing education programs include, but are not | 183 |
limited to, associate degree, baccalaureate degree, diploma, and | 184 |
doctor of nursing programs leading to initial licensure to | 185 |
practice nursing as a registered nurse and practical nurse | 186 |
programs leading to initial licensure to practice nursing as a | 187 |
licensed practical nurse. | 188 |
(6) Grant conditional approval, by a vote of a quorum of the | 189 |
board, to a new prelicensure nursing education program or a | 190 |
program that is being reestablished after having ceased to | 191 |
operate, if the program meets and maintains the minimum standards | 192 |
of the board established by rules adopted under section 4723.07 of | 193 |
the Revised Code. If the board does not grant conditional | 194 |
approval, it shall hold an adjudication under Chapter 119. of the | 195 |
Revised Code to consider conditional approval of the program. If | 196 |
the board grants conditional approval, at its first meeting after | 197 |
the first class has completed the program, the board shall | 198 |
determine whether to grant full approval to the program. If the | 199 |
board does not grant full approval or if it appears that the | 200 |
program has failed to meet and maintain standards established by | 201 |
rules adopted under section 4723.07 of the Revised Code, the board | 202 |
shall hold an adjudication under Chapter 119. of the Revised Code | 203 |
to consider the program. Based on results of the adjudication, the | 204 |
board may continue or withdraw conditional approval, or grant full | 205 |
approval. | 206 |
(7) Place on provisional approval, for a period of time | 207 |
specified by the board, a program that has ceased to meet and | 208 |
maintain the minimum standards of the board established by rules | 209 |
adopted under section 4723.07 of the Revised Code. At the end of | 210 |
the period, the board shall reconsider whether the program meets | 211 |
the standards and shall grant full approval if it does. If it does | 212 |
not, the board may withdraw approval, pursuant to an adjudication | 213 |
under Chapter 119. of the Revised Code. | 214 |
(8) Approve continuing nursing education programs and courses | 215 |
under standards established in rules adopted under section 4723.07 | 216 |
of the Revised Code; | 217 |
(9) Approve peer support programs, under rules adopted under | 218 |
section 4723.07 of the Revised Code, for nurses, for dialysis | 219 |
technicians, and for certified community health workers; | 220 |
(10) Establish a program for monitoring chemical dependency | 221 |
in accordance with section 4723.35 of the Revised Code; | 222 |
(11) Establish the practice intervention and improvement | 223 |
program in accordance with section 4723.282 of the Revised Code; | 224 |
(12) Issue and renew certificates of authority to practice | 225 |
nursing as a certified registered nurse anesthetist, clinical | 226 |
nurse specialist, certified nurse-midwife, or certified nurse | 227 |
practitioner; | 228 |
(13) Approve under section 4723.46 of the Revised Code | 229 |
national certifying organizations for examination and | 230 |
certification of certified registered nurse anesthetists, clinical | 231 |
nurse specialists, certified nurse-midwives, or certified nurse | 232 |
practitioners; | 233 |
(14) Issue and renew certificates to prescribe in accordance | 234 |
with sections 4723.48 and | 235 |
(15) Grant approval to the planned classroom and clinical | 236 |
study required by section | 237 |
be eligible for a certificate to prescribe; | 238 |
(16) Make an annual edition of the formulary established in | 239 |
rules adopted under section 4723.50 of the Revised Code available | 240 |
to the public either in printed form or by electronic means and, | 241 |
as soon as possible after any revision of the formulary becomes | 242 |
effective, make the revision available to the public in printed | 243 |
form or by electronic means; | 244 |
(17) Provide guidance and make recommendations to the general | 245 |
assembly, the governor, state agencies, and the federal government | 246 |
with respect to the regulation of the practice of nursing and the | 247 |
enforcement of this chapter; | 248 |
(18) Make an annual report to the governor, which shall be | 249 |
open for public inspection; | 250 |
(19) Maintain and have open for public inspection the | 251 |
following records: | 252 |
(a) A record of all its meetings and proceedings; | 253 |
(b) A file of holders of nursing licenses, registrations, and | 254 |
certificates granted under this chapter; dialysis technician | 255 |
certificates granted under this chapter; and community health | 256 |
worker certificates granted under this chapter. The file shall be | 257 |
maintained in the form prescribed by rule of the board. | 258 |
(c) A list of prelicensure nursing education programs | 259 |
approved by the board; | 260 |
(d) A list of approved peer support programs for nurses, | 261 |
dialysis technicians, and certified community health workers. | 262 |
(B) The board may fulfill the requirement of division (A)(8) | 263 |
of this section by authorizing persons who meet the standards | 264 |
established in rules adopted under section 4723.07 of the Revised | 265 |
Code to approve continuing nursing education programs and courses. | 266 |
Persons so authorized shall approve continuing nursing education | 267 |
programs and courses in accordance with standards established in | 268 |
rules adopted under section 4723.07 of the Revised Code. | 269 |
Persons seeking authorization to approve continuing nursing | 270 |
education programs and courses shall apply to the board and pay | 271 |
the appropriate fee established under section 4723.08 of the | 272 |
Revised Code. Authorizations to approve continuing nursing | 273 |
education programs and courses shall expire, and may be renewed | 274 |
according to the schedule established in rules adopted under | 275 |
section 4723.07 of the Revised Code. | 276 |
In addition to approving continuing nursing education | 277 |
programs under division (A)(8) of this section, the board may | 278 |
sponsor continuing education activities that are directly related | 279 |
to the statutes and rules pertaining to the practice of nursing in | 280 |
this state. | 281 |
Sec. 4723.48. (A) A clinical nurse specialist, certified | 282 |
nurse-midwife, or certified nurse practitioner seeking authority | 283 |
to prescribe drugs and therapeutic devices shall file with the | 284 |
board of nursing a written application for a certificate to | 285 |
prescribe. The board of nursing shall issue a certificate to | 286 |
prescribe to each applicant who meets the requirements specified | 287 |
in section 4723.482 or | 288 |
Except as provided in division (B) of this section, the | 289 |
initial certificate to prescribe that the board issues to an | 290 |
applicant shall be issued as an externship certificate. Under an | 291 |
externship certificate, the nurse may obtain experience in | 292 |
prescribing drugs and therapeutic devices by participating in an | 293 |
externship that evaluates the nurse's competence, knowledge, and | 294 |
skill in pharmacokinetic principles and their clinical application | 295 |
to the specialty being practiced. During the externship, the | 296 |
nurse may prescribe drugs and therapeutic devices only when one or | 297 |
more physicians are providing supervision in accordance with rules | 298 |
adopted under section 4723.50 of the Revised Code. | 299 |
After completing the externship, the holder of an externship | 300 |
certificate may apply for a new certificate to prescribe. On | 301 |
receipt of the new certificate, the nurse may prescribe drugs and | 302 |
therapeutic devices in collaboration with one or more physicians | 303 |
or podiatrists. | 304 |
(B) In the case of an applicant who on May 17, 2000, was | 305 |
approved to prescribe drugs and therapeutic devices under section | 306 |
4723.56 of the Revised Code, as that section existed on that date, | 307 |
the initial certificate to prescribe that the board issues to the | 308 |
applicant under this section shall not be an externship | 309 |
certificate. The applicant shall be issued a certificate to | 310 |
prescribe that permits the recipient to prescribe drugs and | 311 |
therapeutic devices in collaboration with one or more physicians | 312 |
or podiatrists. | 313 |
In the case of an applicant who meets the requirements of | 314 |
division (C) of section 4723.482 of the Revised Code, the initial | 315 |
certificate to prescribe that the board issues to the applicant | 316 |
under this section shall not be an externship certificate. The | 317 |
applicant shall be issued a certificate to prescribe that permits | 318 |
the recipient to prescribe drugs and therapeutic devices in | 319 |
collaboration with one or more physicians or podiatrists. | 320 |
Sec. 4723.482. (A) | 321 |
and (D) of this section, an applicant shall include with the | 322 |
application submitted under section 4723.48 of the Revised Code | 323 |
all of the following: | 324 |
(1) Subject to section 4723.483 of the Revised Code, evidence | 325 |
of holding a current, valid certificate of authority issued under | 326 |
this chapter to practice as a clinical nurse specialist, certified | 327 |
nurse-midwife, or certified nurse practitioner; | 328 |
(2) Except for a person who on May 17, 2000, was approved to | 329 |
prescribe drugs and therapeutic devices under section 4723.56 of | 330 |
the Revised Code, as that section existed on that date, evidence | 331 |
of successfully completing the instruction in advanced | 332 |
pharmacology and related topics specified in division (B) of this | 333 |
section; | 334 |
(3) The fee required by section 4723.08 of the Revised Code | 335 |
for a certificate to prescribe; | 336 |
(4) Any additional information the board of nursing requires | 337 |
pursuant to rules adopted under section 4723.50 of the Revised | 338 |
Code. | 339 |
(B) All of the following apply to the instruction required | 340 |
under division (A)(2) of this section: | 341 |
(1) The instruction must be obtained not longer than three | 342 |
years before the application for the certificate to prescribe is | 343 |
filed. | 344 |
(2) The instruction must be obtained through a course of | 345 |
study consisting of planned classroom and clinical study that is | 346 |
approved by the board of nursing in accordance with standards | 347 |
established in rules adopted under section 4723.50 of the Revised | 348 |
Code. | 349 |
(3) The content of the instruction must be specific to the | 350 |
applicant's nursing specialty and include all of the following: | 351 |
(a) A minimum of thirty contact hours of training in advanced | 352 |
pharmacology that includes pharmacokinetic principles and clinical | 353 |
application and the use of drugs and therapeutic devices in the | 354 |
prevention of illness and maintenance of health; | 355 |
(b) Training in the fiscal and ethical implications of | 356 |
prescribing drugs and therapeutic devices; | 357 |
(c) Training in the state and federal laws that apply to the | 358 |
authority to prescribe; | 359 |
(d) Any additional training required pursuant to rules | 360 |
adopted under section 4723.50 of the Revised Code. | 361 |
(C) An applicant who practiced or is practicing as a clinical | 362 |
nurse specialist, certified nurse-midwife, or certified nurse | 363 |
practitioner in another jurisdiction or as an employee of the | 364 |
United States government, and is not seeking authority to | 365 |
prescribe drugs and therapeutic devices by meeting the | 366 |
requirements of division (A) or (D) of this section, shall include | 367 |
with the application submitted under section 4723.48 of the | 368 |
Revised Code all of the following: | 369 |
(1) Subject to section 4723.483 of the Revised Code, evidence | 370 |
of holding a current, valid certificate of authority issued under | 371 |
this chapter to practice as a clinical nurse specialist, certified | 372 |
nurse-midwife, or certified nurse practitioner; | 373 |
(2) The fee required by section 4723.08 of the Revised Code | 374 |
for a certificate to prescribe; | 375 |
(3) Either of the following: | 376 |
(a) Evidence of having held, for a continuous period of at | 377 |
least one year during the three years immediately preceding the | 378 |
date of application, valid authority issued by another | 379 |
jurisdiction to prescribe therapeutic devices and drugs, including | 380 |
at least some controlled substances; | 381 |
(b) Evidence of having been employed by the United States | 382 |
government and authorized, for a continuous period of at least one | 383 |
year during the three years immediately preceding the date of | 384 |
application, to prescribe therapeutic devices and drugs, including | 385 |
at least some controlled substances, in conjunction with that | 386 |
employment. | 387 |
(4) If the applicant includes the evidence described in | 388 |
division (C)(3)(a) of this section, documentation from a licensed | 389 |
physician in a form acceptable to the board that the prescribing | 390 |
component of the nurse's practice was overseen or supervised by a | 391 |
licensed physician in the other jurisdiction; | 392 |
(5) If the applicant includes the evidence described in | 393 |
division (C)(3)(b) of this section, documentation from a licensed | 394 |
physician employed by the United States government in a form | 395 |
acceptable to the board that the prescribing component of the | 396 |
nurse's practice was overseen or supervised by a licensed | 397 |
physician employed by the United States government; | 398 |
(6) Evidence of having completed a two-hour course of | 399 |
instruction approved by the board in the laws of this state that | 400 |
govern drugs and prescriptive authority; | 401 |
(7) Any additional information the board requires pursuant to | 402 |
rules adopted under section 4723.50 of the Revised Code. | 403 |
(D) An applicant who practiced or is practicing as a clinical | 404 |
nurse specialist, certified nurse-midwife, or certified nurse | 405 |
practitioner in another jurisdiction or as an employee of the | 406 |
United States government, and is not seeking authority to | 407 |
prescribe drugs and therapeutic devices by meeting the | 408 |
requirements of division (A) or (C) of this section, shall include | 409 |
with the application submitted under section 4723.48 of the | 410 |
Revised Code all of the following: | 411 |
(1) Subject to section 4723.483 of the Revised Code, evidence | 412 |
of holding a current, valid certificate of authority issued under | 413 |
this chapter to practice as a clinical nurse specialist, certified | 414 |
nurse-midwife, or certified nurse practitioner; | 415 |
(2) The fee required by section 4723.08 of the Revised Code | 416 |
for a certificate to prescribe; | 417 |
(3) Either of the following: | 418 |
(a) Evidence of having held, for a continuous period of at | 419 |
least one year during the three years immediately preceding the | 420 |
date of application, valid authority issued by another | 421 |
jurisdiction to prescribe therapeutic devices and drugs, excluding | 422 |
controlled substances; | 423 |
(b) Evidence of having been employed by the United States | 424 |
government and authorized, for a continuous period of at least one | 425 |
year during the three years immediately preceding the date of | 426 |
application, to prescribe therapeutic devices and drugs, excluding | 427 |
controlled substances, in conjunction with that employment. | 428 |
(4) If the applicant includes the evidence described in | 429 |
division (D)(3)(a) of this section, documentation from a licensed | 430 |
physician in a form acceptable to the board that the prescribing | 431 |
component of the nurse's practice was overseen or supervised by a | 432 |
licensed physician in the other jurisdiction; | 433 |
(5) If the applicant includes the evidence described in | 434 |
division (D)(3)(b) of this section, documentation from a licensed | 435 |
physician employed by the United States government in a form | 436 |
acceptable to the board that the prescribing component of the | 437 |
nurse's practice was overseen or supervised by a licensed | 438 |
physician employed by the United States government; | 439 |
(6) Any additional information the board requires pursuant to | 440 |
rules adopted under section 4723.50 of the Revised Code. | 441 |
Sec. 4723.484. (A) Except as provided in division (B) of this | 442 |
section, to successfully complete an externship as required under | 443 |
section 4723.485 of the Revised Code, the holder of an externship | 444 |
certificate must complete at least one thousand five hundred hours | 445 |
during which the certificate holder's prescribing practices are | 446 |
supervised in accordance with division (A) of section 4723.48 of | 447 |
the Revised Code. | 448 |
(B) A holder of an externship certificate who obtained the | 449 |
certificate by meeting the requirements of division (D) of section | 450 |
4723.482 of the Revised Code, to successfully complete an | 451 |
externship as required under section 4723.485 of the Revised Code, | 452 |
must do both of the following: | 453 |
(1) Complete at least five hundred hours during which the | 454 |
certificate holder's prescribing practices are supervised in | 455 |
accordance with division (A) of section 4723.48 of the Revised | 456 |
Code; | 457 |
(2) Complete a two-hour course of instruction approved by the | 458 |
board of nursing in the laws of this state that govern drugs and | 459 |
prescriptive authority. | 460 |
| 461 |
issued under section 4723.48 of the Revised Code as an externship | 462 |
certificate is valid for not more than one year, unless earlier | 463 |
suspended or revoked by the board of nursing. The certificate may | 464 |
be extended for an additional year if the holder submits to the | 465 |
board evidence of continued participation in an externship. If an | 466 |
externship is terminated for any reason, the nurse shall notify | 467 |
the board. | 468 |
(B) To be eligible for a certificate to prescribe after | 469 |
receiving an externship certificate, an applicant shall include | 470 |
with the application submitted under section 4723.48 of the | 471 |
Revised Code all of the following: | 472 |
(1) A statement from a supervising physician attesting to the | 473 |
applicant's successful completion of the externship; | 474 |
(2) The fee required by section 4723.08 of the Revised Code | 475 |
for a certificate to prescribe; | 476 |
(3) Any additional information the board requires pursuant to | 477 |
rules adopted under section 4723.50 of the Revised Code. | 478 |
| 479 |
issued under section 4723.48 of the Revised Code that is not | 480 |
issued as an externship certificate is valid for two years, unless | 481 |
otherwise provided in rules adopted under section 4723.50 of the | 482 |
Revised Code or earlier suspended or revoked by the board. The | 483 |
board of nursing shall renew certificates to prescribe according | 484 |
to procedures and a renewal schedule established in rules adopted | 485 |
under section 4723.50 of the Revised Code. | 486 |
(B) The board may renew a certificate to prescribe if the | 487 |
holder submits to the board all of the following: | 488 |
(1) Evidence of having completed during the previous two | 489 |
years at least twelve hours of continuing education in advanced | 490 |
pharmacology, or, if the certificate has been held for less than a | 491 |
full renewal period, the number of hours required by the board in | 492 |
rules adopted under section 4723.50 of the Revised Code; | 493 |
(2) The fee required under section 4723.08 of the Revised | 494 |
Code for renewal of a certificate to prescribe; | 495 |
(3) Any additional information the board requires pursuant to | 496 |
rules adopted under section 4723.50 of the Revised Code. | 497 |
(C) The continuing education in pharmacology required under | 498 |
division (B)(1) of this section must be received from an | 499 |
accredited institution recognized by the board. The hours of | 500 |
continuing education required are in addition to any other | 501 |
continuing education requirement that must be completed pursuant | 502 |
to this chapter. | 503 |
Sec. 4723.50. (A) In accordance with Chapter 119. of the | 504 |
Revised Code, the board of nursing shall adopt rules as necessary | 505 |
to implement the provisions of this chapter pertaining to the | 506 |
authority of clinical nurse specialists, certified nurse-midwives, | 507 |
and certified nurse practitioners to prescribe drugs and | 508 |
therapeutic devices and the issuance and renewal of certificates | 509 |
to prescribe. Initial rules shall be adopted not later than twenty | 510 |
months after | 511 |
The board shall adopt rules that are consistent with the | 512 |
recommendations the board receives from the committee on | 513 |
prescriptive governance pursuant to section 4723.492 of the | 514 |
Revised Code. After reviewing a recommendation submitted by the | 515 |
committee, the board may either adopt the recommendation as a rule | 516 |
or ask the committee to reconsider and resubmit the | 517 |
recommendation. The board shall not adopt any rule that does not | 518 |
conform to a recommendation made by the committee. | 519 |
(B) The board shall adopt rules under this section that do | 520 |
all of the following: | 521 |
(1) Establish a formulary listing the types of drugs and | 522 |
therapeutic devices that may be prescribed by a clinical nurse | 523 |
specialist, certified nurse-midwife, or certified nurse | 524 |
practitioner. The formulary may include controlled substances, as | 525 |
defined in section 3719.01 of the Revised Code. The formulary | 526 |
shall not permit the prescribing of any drug or device to perform | 527 |
or induce an abortion. | 528 |
(2) Establish safety standards to be followed by a nurse when | 529 |
personally furnishing to patients complete or partial supplies of | 530 |
antibiotics, antifungals, scabicides, contraceptives, prenatal | 531 |
vitamins, antihypertensives, drugs and devices used in the | 532 |
treatment of diabetes, drugs and devices used in the treatment of | 533 |
asthma, and drugs used in the treatment of dyslipidemia. | 534 |
(3) Establish criteria for the components of the standard | 535 |
care arrangements described in section 4723.431 of the Revised | 536 |
Code that apply to a nurse's authority to prescribe. The rules | 537 |
shall be consistent with that section and include all of the | 538 |
following: | 539 |
(a) Quality assurance standards; | 540 |
(b) Standards for periodic review by a collaborating | 541 |
physician or podiatrist of the records of patients treated by the | 542 |
nurse; | 543 |
(c) Acceptable travel time between the location at which the | 544 |
nurse is engaging in the prescribing components of the nurse's | 545 |
practice and the location of the nurse's collaborating physician | 546 |
or podiatrist; | 547 |
(d) Any other criteria recommended by the committee on | 548 |
prescriptive governance. | 549 |
(4) Establish standards and procedures for issuance and | 550 |
renewal of a certificate to prescribe, including specification of | 551 |
any additional information the board may require under division | 552 |
(A)(4), (C)(7), or (D)(6) of section 4723.482 or division (B)(3) | 553 |
of section
| 554 |
(5) Establish requirements for board approval of the | 555 |
instruction in advanced pharmacology and related topics required | 556 |
by section 4723.482 of the Revised Code; | 557 |
(6) Establish requirements for board approval of the two-hour | 558 |
course of instruction in the laws of this state as required under | 559 |
division (C)(6) of section 4723.482 of the Revised Code and | 560 |
division (B)(2) of section 4723.484 of the Revised Code; | 561 |
(7) Establish standards and procedures for the appropriate | 562 |
conduct of an externship | 563 |
described in section 4723.484 of the Revised Code, including the | 564 |
following: | 565 |
(a) Standards and procedures to be used in evaluating a | 566 |
nurse's participation in an externship | 567 |
568 | |
569 |
(b) Standards and procedures for the supervision that a | 570 |
physician must provide during an externship, including supervision | 571 |
provided by working with the nurse and supervision provided by | 572 |
making timely reviews of the records of patients treated by the | 573 |
nurse. The manner in which supervision must be provided may vary | 574 |
according to the location where the nurse is practicing and with | 575 |
the nurse's level of experience. | 576 |
Section 2. That existing sections 4723.01, 4723.06, 4723.48, | 577 |
4723.482, 4723.484, 4723.485, and 4723.50 of the Revised Code are | 578 |
hereby repealed. | 579 |
Section 3. Notwithstanding the requirement of division (A) of | 580 |
section 4723.50 of the Revised Code that the Board of Nursing | 581 |
adopt rules consistent with the recommendations the Board receives | 582 |
from the Committee on Prescriptive Governance, the Board shall | 583 |
amend the rules that were adopted under section 4723.50 of the | 584 |
Revised Code to reflect the amendment by this act of sections | 585 |
4723.48 and 4723.482 and the enactment by this act of new section | 586 |
4723.484 of the Revised Code. Until the rules have been amended | 587 |
accordingly, the Board shall not enforce any rule that is | 588 |
inconsistent with sections 4723.48 and 4723.482 of the Revised | 589 |
Code as amended by this act and new section 4723.484 as enacted by | 590 |
this act. | 591 |
Section 4. (A) As used in this section, "Drug Repository | 592 |
Program" means the program established by the State Board of | 593 |
Pharmacy under sections 3715.87 to 3715.873 of the Revised Code. | 594 |
(B) The Drug Repository Program's handling fee is $7.40 | 595 |
during the period beginning on the effective date of this section | 596 |
and ending on the later of December 31, 2010, or the date that the | 597 |
State Board of Pharmacy completes action with regard to the fee | 598 |
under division (C) of this section. | 599 |
(C) On or after January 1, 2011, the Board may do either of | 600 |
the following: | 601 |
(1) Set the Program's handling fee in accordance with the | 602 |
formula established in rule 4729-35-09 of the Administrative Code | 603 |
as that rule exists on the effective date of this section; | 604 |
(2) In consultation with the Director of Health, revise the | 605 |
formula used in determining the amount of the Program's handling | 606 |
fee by amending rule 4729-35-09 of the Administrative Code | 607 |
accordingly. | 608 |