As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 303

Representative Schuring 

Cosponsors: Representatives Carney, Gonzales, Fende, Antonio, Barnes, Garland, Hackett, Yuko, Adams, R., Anielski, Bubp, Celeste, Damschroder, Gardner, Grossman, Hagan, R., Heard, Hill, Hottinger, Johnson, Letson, Lynch, Mallory, McClain, Milkovich, Newbold, O'Brien, Okey, Pillich, Ramos, Reece, Sears, Stebelton, Stinziano, Wachtmann Speaker Batchelder 

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A BILL

To amend sections 2305.113, 2711.22, 3963.01,

1

4503.44, 4723.01, 4723.03, 4723.06, 4723.07,

2

4723.08, 4723.09, 4723.17, 4723.171, 4723.24,

3

4723.271, 4723.28, 4723.32, 4723.34, 4723.35,

4

4723.41, 4723.42, 4723.43, 4723.431, 4723.44,

5

4723.48, 4723.482, 4723.485, 4723.61, 4723.64,

6

4723.65, 4723.651, 4723.652, 4723.66, 4723.67,

7

4723.68, 4723.69, 4723.71, 4723.72, 4723.73,

8

4723.74, 4723.75, 4723.751, 4723.76, 4723.77,

9

4723.79, 4723.83, 4723.84, 4723.87, 4723.88,

10

4723.99, 5111.88, and 5120.55; to amend, for the

11

purpose of adopting a new section number as

12

indicated in parentheses, sections 4723.17

13

(4723.18) and 4723.171 (4723.181) and to enact new

14

section 4723.17 and sections 4723.091, 4723.092,

15

4723.19, and 4723.653; and to repeal sections

16

4723.483, 4723.62, 4723.621, 4723.63, and 4723.78

17

of the Revised Code to revise the law governing

18

nurses, medication aides, dialysis technicians,

19

and certified community health workers.

20

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2305.113, 2711.22, 3963.01, 4503.44,	21
4723.01, 4723.03, 4723.06, 4723.07, 4723.08, 4723.09, 4723.17,	22
4723.171, 4723.24, 4723.271, 4723.28, 4723.32, 4723.34, 4723.35,	23
4723.41, 4723.42, 4723.43, 4723.431, 4723.44, 4723.48, 4723.482,	24
4723.485, 4723.61, 4723.64, 4723.65, 4723.651, 4723.652, 4723.66,	25
4723.67, 4723.68, 4723.69, 4723.71, 4723.72, 4723.73, 4723.74,	26
4723.75, 4723.751, 4723.76, 4723.77, 4723.79, 4723.83, 4723.84,	27
4723.87, 4723.88, 4723.99, 5111.88, and 5120.55 be amended;	28
sections 4723.17 (4723.18) and 4723.171 (4723.181) be amended for	29
the purpose of adopting new section numbers as indicated in	30
parentheses; and new section 4723.17 and sections 4723.091,	31
4723.092, 4723.19, and 4723.653 of the Revised Code be enacted to	32
read as follows:	33

Sec. 2305.113. (A) Except as otherwise provided in this	34
section, an action upon a medical, dental, optometric, or	35
chiropractic claim shall be commenced within one year after the	36
cause of action accrued.	37

(B)(1) If prior to the expiration of the one-year period	38
specified in division (A) of this section, a claimant who	39
allegedly possesses a medical, dental, optometric, or chiropractic	40
claim gives to the person who is the subject of that claim written	41
notice that the claimant is considering bringing an action upon	42
that claim, that action may be commenced against the person	43
notified at any time within one hundred eighty days after the	44
notice is so given.	45

(2) An insurance company shall not consider the existence or	46
nonexistence of a written notice described in division (B)(1) of	47
this section in setting the liability insurance premium rates that	48
the company may charge the company's insured person who is	49
notified by that written notice.	50

(C) Except as to persons within the age of minority or of	51
unsound mind as provided by section 2305.16 of the Revised Code,	52
and except as provided in division (D) of this section, both of	53
the following apply:	54

(1) No action upon a medical, dental, optometric, or	55
chiropractic claim shall be commenced more than four years after	56
the occurrence of the act or omission constituting the alleged	57
basis of the medical, dental, optometric, or chiropractic claim.	58

(2) If an action upon a medical, dental, optometric, or	59
chiropractic claim is not commenced within four years after the	60
occurrence of the act or omission constituting the alleged basis	61
of the medical, dental, optometric, or chiropractic claim, then,	62
any action upon that claim is barred.	63

(D)(1) If a person making a medical claim, dental claim,	64
optometric claim, or chiropractic claim, in the exercise of	65
reasonable care and diligence, could not have discovered the	66
injury resulting from the act or omission constituting the alleged	67
basis of the claim within three years after the occurrence of the	68
act or omission, but, in the exercise of reasonable care and	69
diligence, discovers the injury resulting from that act or	70
omission before the expiration of the four-year period specified	71
in division (C)(1) of this section, the person may commence an	72
action upon the claim not later than one year after the person	73
discovers the injury resulting from that act or omission.	74

(2) If the alleged basis of a medical claim, dental claim,	75
optometric claim, or chiropractic claim is the occurrence of an	76
act or omission that involves a foreign object that is left in the	77
body of the person making the claim, the person may commence an	78
action upon the claim not later than one year after the person	79
discovered the foreign object or not later than one year after the	80
person, with reasonable care and diligence, should have discovered	81
the foreign object.	82

(3) A person who commences an action upon a medical claim,	83
dental claim, optometric claim, or chiropractic claim under the	84
circumstances described in division (D)(1) or (2) of this section	85
has the affirmative burden of proving, by clear and convincing	86
evidence, that the person, with reasonable care and diligence,	87
could not have discovered the injury resulting from the act or	88
omission constituting the alleged basis of the claim within the	89
three-year period described in division (D)(1) of this section or	90
within the one-year period described in division (D)(2) of this	91
section, whichever is applicable.	92

(E) As used in this section:

93

(1) "Hospital" includes any person, corporation, association,	94
board, or authority that is responsible for the operation of any	95
hospital licensed or registered in the state, including, but not	96
limited to, those that are owned or operated by the state,	97
political subdivisions, any person, any corporation, or any	98
combination of the state, political subdivisions, persons, and	99
corporations. "Hospital" also includes any person, corporation,	100
association, board, entity, or authority that is responsible for	101
the operation of any clinic that employs a full-time staff of	102
physicians practicing in more than one recognized medical	103
specialty and rendering advice, diagnosis, care, and treatment to	104
individuals. "Hospital" does not include any hospital operated by	105
the government of the United States or any of its branches.	106

(2) "Physician" means a person who is licensed to practice	107
medicine and surgery or osteopathic medicine and surgery by the	108
state medical board or a person who otherwise is authorized to	109
practice medicine and surgery or osteopathic medicine and surgery	110
in this state.	111

(3) "Medical claim" means any claim that is asserted in any	112
civil action against a physician, podiatrist, hospital, home, or	113
residential facility, against any employee or agent of a	114
physician, podiatrist, hospital, home, or residential facility, or	115
against a licensed practical nurse, registered nurse, advanced	116
practice registered nurse, physical therapist, physician	117
assistant, emergency medical technician-basic, emergency medical	118
technician-intermediate, or emergency medical	119
technician-paramedic, and that arises out of the medical	120
diagnosis, care, or treatment of any person. "Medical claim"	121
includes the following:	122

(a) Derivative claims for relief that arise from the medical	123
diagnosis, care, or treatment of a person;	124

(b) Claims that arise out of the medical diagnosis, care, or	125
treatment of any person and to which either of the following	126
applies:	127

(i) The claim results from acts or omissions in providing	128
medical care.	129

(ii) The claim results from the hiring, training,	130
supervision, retention, or termination of caregivers providing	131
medical diagnosis, care, or treatment.	132

(c) Claims that arise out of the medical diagnosis, care, or	133
treatment of any person and that are brought under section 3721.17	134
of the Revised Code.	135

(4) "Podiatrist" means any person who is licensed to practice	136
podiatric medicine and surgery by the state medical board.	137

(5) "Dentist" means any person who is licensed to practice	138
dentistry by the state dental board.	139

(6) "Dental claim" means any claim that is asserted in any	140
civil action against a dentist, or against any employee or agent	141
of a dentist, and that arises out of a dental operation or the	142
dental diagnosis, care, or treatment of any person. "Dental claim"	143
includes derivative claims for relief that arise from a dental	144
operation or the dental diagnosis, care, or treatment of a person.	145

(7) "Derivative claims for relief" include, but are not	146
limited to, claims of a parent, guardian, custodian, or spouse of	147
an individual who was the subject of any medical diagnosis, care,	148
or treatment, dental diagnosis, care, or treatment, dental	149
operation, optometric diagnosis, care, or treatment, or	150
chiropractic diagnosis, care, or treatment, that arise from that	151
diagnosis, care, treatment, or operation, and that seek the	152
recovery of damages for any of the following:	153

(a) Loss of society, consortium, companionship, care,	154
assistance, attention, protection, advice, guidance, counsel,	155
instruction, training, or education, or any other intangible loss	156
that was sustained by the parent, guardian, custodian, or spouse;	157

(b) Expenditures of the parent, guardian, custodian, or	158
spouse for medical, dental, optometric, or chiropractic care or	159
treatment, for rehabilitation services, or for other care,	160
treatment, services, products, or accommodations provided to the	161
individual who was the subject of the medical diagnosis, care, or	162
treatment, the dental diagnosis, care, or treatment, the dental	163
operation, the optometric diagnosis, care, or treatment, or the	164
chiropractic diagnosis, care, or treatment.	165

(8) "Registered nurse" means any person who is licensed to	166
practice nursing as a registered nurse by the board of nursing.	167

(9) "Chiropractic claim" means any claim that is asserted in	168
any civil action against a chiropractor, or against any employee	169
or agent of a chiropractor, and that arises out of the	170
chiropractic diagnosis, care, or treatment of any person.	171
"Chiropractic claim" includes derivative claims for relief that	172
arise from the chiropractic diagnosis, care, or treatment of a	173
person.	174

(10) "Chiropractor" means any person who is licensed to	175
practice chiropractic by the state chiropractic board.	176

(11) "Optometric claim" means any claim that is asserted in	177
any civil action against an optometrist, or against any employee	178
or agent of an optometrist, and that arises out of the optometric	179
diagnosis, care, or treatment of any person. "Optometric claim"	180
includes derivative claims for relief that arise from the	181
optometric diagnosis, care, or treatment of a person.	182

(12) "Optometrist" means any person licensed to practice	183
optometry by the state board of optometry.	184

(13) "Physical therapist" means any person who is licensed to	185
practice physical therapy under Chapter 4755. of the Revised Code.	186

(14) "Home" has the same meaning as in section 3721.10 of the	187
Revised Code.	188

(15) "Residential facility" means a facility licensed under	189
section 5123.19 of the Revised Code.	190

(16) "Advanced practice registered nurse" means any certified	191
nurse practitioner, clinical nurse specialist, certified	192
registered nurse anesthetist, or certified nurse-midwife who holds	193
a certificate of authority issued by the board of nursing under	194
Chapter 4723. of the Revised Code.	195

(17) "Licensed practical nurse" means any person who is	196
licensed to practice nursing as a licensed practical nurse by the	197
board of nursing pursuant to Chapter 4723. of the Revised Code.	198

(18) "Physician assistant" means any person who holds a valid	199
certificate to practice issued pursuant to Chapter 4730. of the	200
Revised Code.	201

(19) "Emergency medical technician-basic," "emergency medical	202
technician-intermediate," and "emergency medical	203
technician-paramedic" means any person who is certified under	204
Chapter 4765. of the Revised Code as an emergency medical	205
technician-basic, emergency medical technician-intermediate, or	206
emergency medical technician-paramedic, whichever is applicable.	207

Sec. 2711.22.  (A) Except as otherwise provided in this	208
section, a written contract between a patient and a hospital or	209
healthcare provider to settle by binding arbitration any dispute	210
or controversy arising out of the diagnosis, treatment, or care of	211
the patient rendered by a hospital or healthcare provider, that is	212
entered into prior to the diagnosis, treatment, or care of the	213
patient is valid, irrevocable, and enforceable once the contract	214
is signed by all parties. The contract remains valid, irrevocable,	215
and enforceable until or unless the patient or the patient's legal	216
representative rescinds the contract by written notice within	217
thirty days of the signing of the contract. A guardian or other	218
legal representative of the patient may give written notice of the	219
rescission of the contract if the patient is incapacitated or a	220
minor.	221

(B) As used in this section and in sections 2711.23 and	222
2711.24 of the Revised Code:	223

(1) "Healthcare provider" means a physician, podiatrist,	224
dentist, licensed practical nurse, registered nurse, advanced	225
practice registered nurse, chiropractor, optometrist, physician	226
assistant, emergency medical technician-basic, emergency medical	227
technician-intermediate, emergency medical technician-paramedic,	228
or physical therapist.	229

(2) "Hospital," "physician," "podiatrist," "dentist,"	230
"licensed practical nurse," "registered nurse," "advanced practice	231
registered nurse," "chiropractor," "optometrist," "physician	232
assistant," "emergency medical technician-basic," "emergency	233
medical technician-intermediate," "emergency medical	234
technician-paramedic," "physical therapist," "medical claim,"	235
"dental claim," "optometric claim," and "chiropractic claim" have	236
the same meanings as in section 2305.113 of the Revised Code.	237

Sec. 3963.01. As used in this chapter:

238

(A) "Affiliate" means any person or entity that has ownership	239
or control of a contracting entity, is owned or controlled by a	240
contracting entity, or is under common ownership or control with a	241
contracting entity.	242

(B) "Basic health care services" has the same meaning as in	243
division (A) of section 1751.01 of the Revised Code, except that	244
it does not include any services listed in that division that are	245
provided by a pharmacist or nursing home.	246

(C) "Contracting entity" means any person that has a primary	247
business purpose of contracting with participating providers for	248
the delivery of health care services.	249

(D) "Credentialing" means the process of assessing and	250
validating the qualifications of a provider applying to be	251
approved by a contracting entity to provide basic health care	252
services, specialty health care services, or supplemental health	253
care services to enrollees.	254

(E) "Edit" means adjusting one or more procedure codes billed	255
by a participating provider on a claim for payment or a practice	256
that results in any of the following:	257

(1) Payment for some, but not all of the procedure codes	258
originally billed by a participating provider;	259

(2) Payment for a different procedure code than the procedure	260
code originally billed by a participating provider;	261

(3) A reduced payment as a result of services provided to an	262
enrollee that are claimed under more than one procedure code on	263
the same service date.	264

(F) "Electronic claims transport" means to accept and	265
digitize claims or to accept claims already digitized, to place	266
those claims into a format that complies with the electronic	267
transaction standards issued by the United States department of	268
health and human services pursuant to the "Health Insurance	269
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	270
U.S.C. 1320d, et seq., as those electronic standards are	271
applicable to the parties and as those electronic standards are	272
updated from time to time, and to electronically transmit those	273
claims to the appropriate contracting entity, payer, or	274
third-party administrator.	275

(G) "Enrollee" means any person eligible for health care	276
benefits under a health benefit plan, including an eligible	277
recipient of medicaid under Chapter 5111. of the Revised Code, and	278
includes all of the following terms:	279

(1) "Enrollee" and "subscriber" as defined by section 1751.01	280
of the Revised Code;	281

(2) "Member" as defined by section 1739.01 of the Revised	282
Code;	283

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	284
the Revised Code;	285

(4) "Beneficiary" as defined by section 3901.38 of the	286
Revised Code.	287

(H) "Health care contract" means a contract entered into,	288
materially amended, or renewed between a contracting entity and a	289
participating provider for the delivery of basic health care	290
services, specialty health care services, or supplemental health	291
care services to enrollees.	292

(I) "Health care services" means basic health care services,	293
specialty health care services, and supplemental health care	294
services.	295

(J) "Material amendment" means an amendment to a health care	296
contract that decreases the participating provider's payment or	297
compensation, changes the administrative procedures in a way that	298
may reasonably be expected to significantly increase the	299
provider's administrative expenses, or adds a new product. A	300
material amendment does not include any of the following:	301

(1) A decrease in payment or compensation resulting solely	302
from a change in a published fee schedule upon which the payment	303
or compensation is based and the date of applicability is clearly	304
identified in the contract;	305

(2) A decrease in payment or compensation that was	306
anticipated under the terms of the contract, if the amount and	307
date of applicability of the decrease is clearly identified in the	308
contract;	309

(3) An administrative change that may significantly increase	310
the provider's administrative expense, the specific applicability	311
of which is clearly identified in the contract;	312

(4) Changes to an existing prior authorization,	313
precertification, notification, or referral program that do not	314
substantially increase the provider's administrative expense;	315

(5) Changes to an edit program or to specific edits if the	316
participating provider is provided notice of the changes pursuant	317
to division (A)(1) of section 3963.04 of the Revised Code and the	318
notice includes information sufficient for the provider to	319
determine the effect of the change;	320

(6) Changes to a health care contract described in division	321
(B) of section 3963.04 of the Revised Code.	322

(K) "Participating provider" means a provider that has a	323
health care contract with a contracting entity and is entitled to	324
reimbursement for health care services rendered to an enrollee	325
under the health care contract.	326

(L) "Payer" means any person that assumes the financial risk	327
for the payment of claims under a health care contract or the	328
reimbursement for health care services provided to enrollees by	329
participating providers pursuant to a health care contract.	330

(M) "Primary enrollee" means a person who is responsible for	331
making payments for participation in a health care plan or an	332
enrollee whose employment or other status is the basis of	333
eligibility for enrollment in a health care plan.	334

(N) "Procedure codes" includes the American medical	335
association's current procedural terminology code, the American	336
dental association's current dental terminology, and the centers	337
for medicare and medicaid services health care common procedure	338
coding system.	339

(O) "Product" means one of the following types of categories	340
of coverage for which a participating provider may be obligated to	341
provide health care services pursuant to a health care contract:	342

(1) A health maintenance organization or other product	343
provided by a health insuring corporation;	344

(2) A preferred provider organization;

345

(3) Medicare;

346

(4) Medicaid or the children's buy-in program established	347
under sectionsections 5101.5211 to 5101.5216 of the Revised Code;	348

(5) Workers' compensation.

349

(P) "Provider" means a physician, podiatrist, dentist,	350
chiropractor, optometrist, psychologist, physician assistant,	351
advanced practice registered nurse, occupational therapist,	352
massage therapist, physical therapist, professional counselor,	353
professional clinical counselor, hearing aid dealer, orthotist,	354
prosthetist, home health agency, hospice care program, or	355
hospital, or a provider organization or physician-hospital	356
organization that is acting exclusively as an administrator on	357
behalf of a provider to facilitate the provider's participation in	358
health care contracts. "Provider" does not mean a pharmacist,	359
pharmacy, nursing home, or a provider organization or	360
physician-hospital organization that leases the provider	361
organization's or physician-hospital organization's network to a	362
third party or contracts directly with employers or health and	363
welfare funds.	364

(Q) "Specialty health care services" has the same meaning as	365
in section 1751.01 of the Revised Code, except that it does not	366
include any services listed in division (B) of section 1751.01 of	367
the Revised Code that are provided by a pharmacist or a nursing	368
home.	369

(R) "Supplemental health care services" has the same meaning	370
as in division (B) of section 1751.01 of the Revised Code, except	371
that it does not include any services listed in that division that	372
are provided by a pharmacist or nursing home.	373

Sec. 4503.44.  (A) As used in this section and in section	374
4511.69 of the Revised Code:	375

(1) "Person with a disability that limits or impairs the	376
ability to walk" means any person who, as determined by a health	377
care provider, meets any of the following criteria:	378

(a) Cannot walk two hundred feet without stopping to rest;

379

(b) Cannot walk without the use of, or assistance from, a	380
brace, cane, crutch, another person, prosthetic device,	381
wheelchair, or other assistive device;	382

(c) Is restricted by a lung disease to such an extent that	383
the person's forced (respiratory) expiratory volume for one	384
second, when measured by spirometry, is less than one liter, or	385
the arterial oxygen tension is less than sixty millimeters of	386
mercury on room air at rest;	387

(d) Uses portable oxygen;

388

(e) Has a cardiac condition to the extent that the person's	389
functional limitations are classified in severity as class III or	390
class IV according to standards set by the American heart	391
association;	392

(f) Is severely limited in the ability to walk due to an	393
arthritic, neurological, or orthopedic condition;	394

(g) Is blind.

395

(2) "Organization" means any private organization or	396
corporation, or any governmental board, agency, department,	397
division, or office, that, as part of its business or program,	398
transports persons with disabilities that limit or impair the	399
ability to walk on a regular basis in a motor vehicle that has not	400
been altered for the purpose of providing it with special	401
equipment for use by handicapped persons. This definition does not	402
apply to division (J) of this section.	403

(3) "Health care provider" means a physician, physician	404
assistant, advanced practice registered nurse, or chiropractor as	405
defined in this section.	406

(4) "Physician" means a person licensed to practice medicine	407
or surgery or osteopathic medicine and surgery under Chapter 4731.	408
of the Revised Code.	409

(5) "Chiropractor" means a person licensed to practice	410
chiropractic under Chapter 4734. of the Revised Code.	411

(6) "Advanced practice registered nurse" means anya	412
certified nurse practitioner, clinical nurse specialist, certified	413
registered nurse anesthetist, or certified nurse-midwife who holds	414
a certificate of authority issued by the board of nursing under	415
Chapter 4723. of the Revised Code.	416

(7) "Physician assistant" means a person who holds a	417
certificate to practice as a physician assistant issued under	418
Chapter 4730. of the Revised Code.	419

(B) Any organization or person with a disability that limits	420
or impairs the ability to walk may apply to the registrar of motor	421
vehicles for a removable windshield placard or, if the person owns	422
or leases a motor vehicle, the person may apply for the	423
registration of any motor vehicle the person owns or leases. In	424
addition to one or more sets of license plates or one placard, a	425
person with a disability that limits or impairs the ability to	426
walk is entitled to one additional placard, but only if the person	427
applies separately for the additional placard, states the reasons	428
why the additional placard is needed, and the registrar, in the	429
registrar's discretion, determines that good and justifiable cause	430
exists to approve the request for the additional placard. When a	431
motor vehicle has been altered for the purpose of providing it	432
with special equipment for a person with a disability that limits	433
or impairs the ability to walk, but is owned or leased by someone	434
other than such a person, the owner or lessee may apply to the	435
registrar or a deputy registrar for registration under this	436
section. The application for registration of a motor vehicle owned	437
or leased by a person with a disability that limits or impairs the	438
ability to walk shall be accompanied by a signed statement from	439
the applicant's health care provider certifying that the applicant	440
meets at least one of the criteria contained in division (A)(1) of	441
this section and that the disability is expected to continue for	442
more than six consecutive months. The application for a removable	443
windshield placard made by a person with a disability that limits	444
or impairs the ability to walk shall be accompanied by a	445
prescription from the applicant's health care provider prescribing	446
such a placard for the applicant, provided that the applicant	447
meets at least one of the criteria contained in division (A)(1) of	448
this section. The health care provider shall state on the	449
prescription the length of time the health care provider expects	450
the applicant to have the disability that limits or impairs the	451
applicant's ability to walk. The application for a removable	452
windshield placard made by an organization shall be accompanied by	453
such documentary evidence of regular transport of persons with	454
disabilities that limit or impair the ability to walk by the	455
organization as the registrar may require by rule and shall be	456
completed in accordance with procedures that the registrar may	457
require by rule. The application for registration of a motor	458
vehicle that has been altered for the purpose of providing it with	459
special equipment for a person with a disability that limits or	460
impairs the ability to walk but is owned by someone other than	461
such a person shall be accompanied by such documentary evidence of	462
vehicle alterations as the registrar may require by rule.	463

(C) When an organization, a person with a disability that	464
limits or impairs the ability to walk, or a person who does not	465
have a disability that limits or impairs the ability to walk but	466
owns a motor vehicle that has been altered for the purpose of	467
providing it with special equipment for a person with a disability	468
that limits or impairs the ability to walk first submits an	469
application for registration of a motor vehicle under this section	470
and every fifth year thereafter, the organization or person shall	471
submit a signed statement from the applicant's health care	472
provider, a completed application, and any required documentary	473
evidence of vehicle alterations as provided in division (B) of	474
this section, and also a power of attorney from the owner of the	475
motor vehicle if the applicant leases the vehicle. Upon submission	476
of these items, the registrar or deputy registrar shall issue to	477
the applicant appropriate vehicle registration and a set of	478
license plates and validation stickers, or validation stickers	479
alone when required by section 4503.191 of the Revised Code. In	480
addition to the letters and numbers ordinarily inscribed thereon,	481
the license plates shall be imprinted with the international	482
symbol of access. The license plates and validation stickers shall	483
be issued upon payment of the regular license fee as prescribed	484
under section 4503.04 of the Revised Code and any motor vehicle	485
tax levied under Chapter 4504. of the Revised Code, and the	486
payment of a service fee equal to the amount specified in division	487
(D) or (G) of section 4503.10 of the Revised Code.	488

(D)(1) Upon receipt of a completed and signed application for	489
a removable windshield placard, a prescription as described in	490
division (B) of this section, documentary evidence of regular	491
transport of persons with disabilities that limit or impair the	492
ability to walk, if required, and payment of a service fee equal	493
to the amount specified in division (D) or (G) of section 4503.10	494
of the Revised Code, the registrar or deputy registrar shall issue	495
to the applicant a removable windshield placard, which shall bear	496
the date of expiration on both sides of the placard and shall be	497
valid until expired, revoked, or surrendered. Every removable	498
windshield placard expires as described in division (D)(2) of this	499
section, but in no case shall a removable windshield placard be	500
valid for a period of less than sixty days. Removable windshield	501
placards shall be renewable upon application as provided in	502
division (B) of this section, and a service fee equal to the	503
amount specified in division (D) or (G) of section 4503.10 of the	504
Revised Code shall be charged for the renewal of a removable	505
windshield placard. The registrar shall provide the application	506
form and shall determine the information to be included thereon.	507
The registrar also shall determine the form and size of the	508
removable windshield placard, the material of which it is to be	509
made, and any other information to be included thereon, and shall	510
adopt rules relating to the issuance, expiration, revocation,	511
surrender, and proper display of such placards. Any placard issued	512
after October 14, 1999, shall be manufactured in a manner that	513
allows the expiration date of the placard to be indicated on it	514
through the punching, drilling, boring, or creation by any other	515
means of holes in the placard.	516

(2) At the time a removable windshield placard is issued to a	517
person with a disability that limits or impairs the ability to	518
walk, the registrar or deputy registrar shall enter into the	519
records of the bureau of motor vehicles the last date on which the	520
person will have that disability, as indicated on the accompanying	521
prescription. Not less than thirty days prior to that date and all	522
removable windshield placard renewal dates, the bureau shall send	523
a renewal notice to that person at the person's last known address	524
as shown in the records of the bureau, informing the person that	525
the person's removable windshield placard will expire on the	526
indicated date not to exceed five years from the date of issuance,	527
and that the person is required to renew the placard by submitting	528
to the registrar or a deputy registrar another prescription, as	529
described in division (B) of this section, and by complying with	530
the renewal provisions prescribed in division (D)(1) of this	531
section. If such a prescription is not received by the registrar	532
or a deputy registrar by that date, the placard issued to that	533
person expires and no longer is valid, and this fact shall be	534
recorded in the records of the bureau.	535

(3) At least once every year, on a date determined by the	536
registrar, the bureau shall examine the records of the office of	537
vital statistics, located within the department of health, that	538
pertain to deceased persons, and also the bureau's records of all	539
persons who have been issued removable windshield placards and	540
temporary removable windshield placards. If the records of the	541
office of vital statistics indicate that a person to whom a	542
removable windshield placard or temporary removable windshield	543
placard has been issued is deceased, the bureau shall cancel that	544
placard, and note the cancellation in its records.	545

The office of vital statistics shall make available to the	546
bureau all information necessary to enable the bureau to comply	547
with division (D)(3) of this section.	548

(4) Nothing in this section shall be construed to require a	549
person or organization to apply for a removable windshield placard	550
or special license plates if the parking card or special license	551
plates issued to the person or organization under prior law have	552
not expired or been surrendered or revoked.	553

(E)(1)(a) Any person with a disability that limits or impairs	554
the ability to walk may apply to the registrar or a deputy	555
registrar for a temporary removable windshield placard. The	556
application for a temporary removable windshield placard shall be	557
accompanied by a prescription from the applicant's health care	558
provider prescribing such a placard for the applicant, provided	559
that the applicant meets at least one of the criteria contained in	560
division (A)(1) of this section and that the disability is	561
expected to continue for six consecutive months or less. The	562
health care provider shall state on the prescription the length of	563
time the health care provider expects the applicant to have the	564
disability that limits or impairs the applicant's ability to walk,	565
which cannot exceed six months from the date of the prescription.	566
Upon receipt of an application for a temporary removable	567
windshield placard, presentation of the prescription from the	568
applicant's health care provider, and payment of a service fee	569
equal to the amount specified in division (D) or (G) of section	570
4503.10 of the Revised Code, the registrar or deputy registrar	571
shall issue to the applicant a temporary removable windshield	572
placard.	573

(b) Any active-duty member of the armed forces of the United	574
States, including the reserve components of the armed forces and	575
the national guard, who has an illness or injury that limits or	576
impairs the ability to walk may apply to the registrar or a deputy	577
registrar for a temporary removable windshield placard. With the	578
application, the person shall present evidence of the person's	579
active-duty status and the illness or injury. Evidence of the	580
illness or injury may include a current department of defense	581
convalescent leave statement, any department of defense document	582
indicating that the person currently has an ill or injured	583
casualty status or has limited duties, or a prescription from any	584
health care provider prescribing the placard for the applicant.	585
Upon receipt of the application and the necessary evidence, the	586
registrar or deputy registrar shall issue the applicant the	587
temporary removable windshield placard without the payment of any	588
service fee.	589

(2) The temporary removable windshield placard shall be of	590
the same size and form as the removable windshield placard, shall	591
be printed in white on a red-colored background, and shall bear	592
the word "temporary" in letters of such size as the registrar	593
shall prescribe. A temporary removable windshield placard also	594
shall bear the date of expiration on the front and back of the	595
placard, and shall be valid until expired, surrendered, or	596
revoked, but in no case shall such a placard be valid for a period	597
of less than sixty days. The registrar shall provide the	598
application form and shall determine the information to be	599
included on it, provided that the registrar shall not require a	600
health care provider's prescription or certification for a person	601
applying under division (E)(1)(b) of this section. The registrar	602
also shall determine the material of which the temporary removable	603
windshield placard is to be made and any other information to be	604
included on the placard and shall adopt rules relating to the	605
issuance, expiration, surrender, revocation, and proper display of	606
those placards. Any temporary removable windshield placard issued	607
after October 14, 1999, shall be manufactured in a manner that	608
allows for the expiration date of the placard to be indicated on	609
it through the punching, drilling, boring, or creation by any	610
other means of holes in the placard.	611

(F) If an applicant for a removable windshield placard is a	612
veteran of the armed forces of the United States whose disability,	613
as defined in division (A)(1) of this section, is	614
service-connected, the registrar or deputy registrar, upon receipt	615
of the application, presentation of a signed statement from the	616
applicant's health care provider certifying the applicant's	617
disability, and presentation of such documentary evidence from the	618
department of veterans affairs that the disability of the	619
applicant meets at least one of the criteria identified in	620
division (A)(1) of this section and is service-connected as the	621
registrar may require by rule, but without the payment of any	622
service fee, shall issue the applicant a removable windshield	623
placard that is valid until expired, surrendered, or revoked.	624

(G) Upon a conviction of a violation of division (I), (J), or	625
(K) of this section, the court shall report the conviction, and	626
send the placard or parking card, if available, to the registrar,	627
who thereupon shall revoke the privilege of using the placard or	628
parking card and send notice in writing to the placardholder or	629
cardholder at that holder's last known address as shown in the	630
records of the bureau, and the placardholder or cardholder shall	631
return the placard or card if not previously surrendered to the	632
court, to the registrar within ten days following mailing of the	633
notice.	634

Whenever a person to whom a removable windshield placard or	635
parking card has been issued moves to another state, the person	636
shall surrender the placard or card to the registrar; and whenever	637
an organization to which a placard or card has been issued changes	638
its place of operation to another state, the organization shall	639
surrender the placard or card to the registrar.	640

(H) Subject to division (F) of section 4511.69 of the Revised	641
Code, the operator of a motor vehicle displaying a removable	642
windshield placard, temporary removable windshield placard,	643
parking card, or the special license plates authorized by this	644
section is entitled to park the motor vehicle in any special	645
parking location reserved for persons with disabilities that limit	646
or impair the ability to walk, also known as handicapped parking	647
spaces or disability parking spaces.	648

(I) No person or organization that is not eligible under	649
division (B) or (E) of this section shall willfully and falsely	650
represent that the person or organization is so eligible.	651

No person or organization shall display license plates issued	652
under this section unless the license plates have been issued for	653
the vehicle on which they are displayed and are valid.	654

(J) No person or organization to which a removable windshield	655
placard or temporary removable windshield placard is issued shall	656
do either of the following:	657

(1) Display or permit the display of the placard on any motor	658
vehicle when having reasonable cause to believe the motor vehicle	659
is being used in connection with an activity that does not include	660
providing transportation for persons with disabilities that limit	661
or impair the ability to walk;	662

(2) Refuse to return or surrender the placard, when required.

663

(K)(1) No person or organization to which a parking card is	664
issued shall do either of the following:	665

(a) Display or permit the display of the parking card on any	666
motor vehicle when having reasonable cause to believe the motor	667
vehicle is being used in connection with an activity that does not	668
include providing transportation for a handicapped person;	669

(b) Refuse to return or surrender the parking card, when	670
required.	671

(2) As used in division (K) of this section:

672

(a) "Handicapped person" means any person who has lost the	673
use of one or both legs or one or both arms, who is blind, deaf,	674
or so severely handicapped as to be unable to move about without	675
the aid of crutches or a wheelchair, or whose mobility is	676
restricted by a permanent cardiovascular, pulmonary, or other	677
handicapping condition.	678

(b) "Organization" means any private organization or	679
corporation, or any governmental board, agency, department,	680
division, or office, that, as part of its business or program,	681
transports handicapped persons on a regular basis in a motor	682
vehicle that has not been altered for the purposes of providing it	683
with special equipment for use by handicapped persons.	684

(L) If a removable windshield placard, temporary removable	685
windshield placard, or parking card is lost, destroyed, or	686
mutilated, the placardholder or cardholder may obtain a duplicate	687
by doing both of the following:	688

(1) Furnishing suitable proof of the loss, destruction, or	689
mutilation to the registrar;	690

(2) Paying a service fee equal to the amount specified in	691
division (D) or (G) of section 4503.10 of the Revised Code.	692

Any placardholder or cardholder who loses a placard or card	693
and, after obtaining a duplicate, finds the original, immediately	694
shall surrender the original placard or card to the registrar.	695

(M) The registrar shall pay all fees received under this	696
section for the issuance of removable windshield placards or	697
temporary removable windshield placards or duplicate removable	698
windshield placards or cards into the state treasury to the credit	699
of the state bureau of motor vehicles fund created in section	700
4501.25 of the Revised Code.	701

(N) In addition to the fees collected under this section, the	702
registrar or deputy registrar shall ask each person applying for a	703
removable windshield placard or temporary removable windshield	704
placard or duplicate removable windshield placard or license plate	705
issued under this section, whether the person wishes to make a	706
two-dollar voluntary contribution to support rehabilitation	707
employment services. The registrar shall transmit the	708
contributions received under this division to the treasurer of	709
state for deposit into the rehabilitation employment fund, which	710
is hereby created in the state treasury. A deputy registrar shall	711
transmit the contributions received under this division to the	712
registrar in the time and manner prescribed by the registrar. The	713
contributions in the fund shall be used by the rehabilitation	714
services commission to purchase services related to vocational	715
evaluation, work adjustment, personal adjustment, job placement,	716
job coaching, and community-based assessment from accredited	717
community rehabilitation program facilities.	718

(O) For purposes of enforcing this section, every peace	719
officer is deemed to be an agent of the registrar. Any peace	720
officer or any authorized employee of the bureau of motor vehicles	721
who, in the performance of duties authorized by law, becomes aware	722
of a person whose placard or parking card has been revoked	723
pursuant to this section, may confiscate that placard or parking	724
card and return it to the registrar. The registrar shall prescribe	725
any forms used by law enforcement agencies in administering this	726
section.	727

No peace officer, law enforcement agency employing a peace	728
officer, or political subdivision or governmental agency employing	729
a peace officer, and no employee of the bureau is liable in a	730
civil action for damages or loss to persons arising out of the	731
performance of any duty required or authorized by this section. As	732
used in this division, "peace officer" has the same meaning as in	733
division (B) of section 2935.01 of the Revised Code.	734

(P) All applications for registration of motor vehicles,	735
removable windshield placards, and temporary removable windshield	736
placards issued under this section, all renewal notices for such	737
items, and all other publications issued by the bureau that relate	738
to this section shall set forth the criminal penalties that may be	739
imposed upon a person who violates any provision relating to	740
special license plates issued under this section, the parking of	741
vehicles displaying such license plates, and the issuance,	742
procurement, use, and display of removable windshield placards and	743
temporary removable windshield placards issued under this section.	744

(Q) Whoever violates this section is guilty of a misdemeanor	745
of the fourth degree.	746

Sec. 4723.01.  As used in this chapter:

747

(A) "Registered nurse" means an individual who holds a	748
current, valid license issued under this chapter that authorizes	749
the practice of nursing as a registered nurse.	750

(B) "Practice of nursing as a registered nurse" means	751
providing to individuals and groups nursing care requiring	752
specialized knowledge, judgment, and skill derived from the	753
principles of biological, physical, behavioral, social, and	754
nursing sciences. Such nursing care includes:	755

(1) Identifying patterns of human responses to actual or	756
potential health problems amenable to a nursing regimen;	757

(2) Executing a nursing regimen through the selection,	758
performance, management, and evaluation of nursing actions;	759

(3) Assessing health status for the purpose of providing	760
nursing care;	761

(4) Providing health counseling and health teaching;

762

(5) Administering medications, treatments, and executing	763
regimens authorized by an individual who is authorized to practice	764
in this state and is acting within the course of the individual's	765
professional practice;	766

(6) Teaching, administering, supervising, delegating, and	767
evaluating nursing practice.	768

(C) "Nursing regimen" may include preventative, restorative,	769
and health-promotion activities.	770

(D) "Assessing health status" means the collection of data	771
through nursing assessment techniques, which may include	772
interviews, observation, and physical evaluations for the purpose	773
of providing nursing care.	774

(E) "Licensed practical nurse" means an individual who holds	775
a current, valid license issued under this chapter that authorizes	776
the practice of nursing as a licensed practical nurse.	777

(F) "The practice of nursing as a licensed practical nurse"	778
means providing to individuals and groups nursing care requiring	779
the application of basic knowledge of the biological, physical,	780
behavioral, social, and nursing sciences at the direction of a	781
licensed physician, dentist, podiatrist, optometrist,	782
chiropractor, or registered nurse. Such nursing care includes:	783

(1) Observation, patient teaching, and care in a diversity of	784
health care settings;	785

(2) Contributions to the planning, implementation, and	786
evaluation of nursing;	787

(3) Administration of medications and treatments authorized	788
by an individual who is authorized to practice in this state and	789
is acting within the course of the individual's professional	790
practice, except that administration of intravenous therapy shall	791
be performed only in accordance with section 4723.17 or 4723.171	792
of the Revised Code. Medications may be administered by aon the	793
condition that the licensed practical nurse upon proof of	794
completion of a course in medication administration approved by	795
the board of nursing.is authorized under section 4723.18 of the	796
Revised Code to administer medications;	797

(4) Administration to an adult of intravenous therapy	798
authorized by an individual who is authorized to practice in this	799
state and is acting within the course of the individual's	800
professional practice, on the condition that the licensed	801
practical nurse is authorized under section 4723.174723.18 or	802
4723.1714723.181 of the Revised Code to perform intravenous	803
therapy and performs intravenous therapy only in accordance with	804
those sections;	805

(5) Delegation of nursing tasks as directed by a registered	806
nurse;	807

(6) Teaching nursing tasks to licensed practical nurses and	808
individuals to whom the licensed practical nurse is authorized to	809
delegate nursing tasks as directed by a registered nurse.	810

(G) "Certified registered nurse anesthetist" means a	811
registered nurse who holds a valid certificate of authority issued	812
under this chapter that authorizes the practice of nursing as a	813
certified registered nurse anesthetist in accordance with section	814
4723.43 of the Revised Code and rules adopted by the board of	815
nursing.	816

(H) "Clinical nurse specialist" means a registered nurse who	817
holds a valid certificate of authority issued under this chapter	818
that authorizes the practice of nursing as a clinical nurse	819
specialist in accordance with section 4723.43 of the Revised Code	820
and rules adopted by the board of nursing.	821

(I) "Certified nurse-midwife" means a registered nurse who	822
holds a valid certificate of authority issued under this chapter	823
that authorizes the practice of nursing as a certified	824
nurse-midwife in accordance with section 4723.43 of the Revised	825
Code and rules adopted by the board of nursing.	826

(J) "Certified nurse practitioner" means a registered nurse	827
who holds a valid certificate of authority issued under this	828
chapter that authorizes the practice of nursing as a certified	829
nurse practitioner in accordance with section 4723.43 of the	830
Revised Code and rules adopted by the board of nursing.	831

(K) "Physician," except as used in divisions (C) and (D) of	832
section 4723.482 of the Revised Code, means an individual	833
authorized under Chapter 4731. of the Revised Code to practice	834
medicine and surgery or osteopathic medicine and surgery, except	835
as used in divisions (C) and (D) of section 4723.482 of the	836
Revised Code.	837

(L) "Collaboration" or "collaborating" means the following:

838

(1) In the case of a clinical nurse specialist, except as	839
provided in division (L)(3) of this section, or a certified nurse	840
practitioner, that one or more podiatrists acting within the scope	841
of practice of podiatry in accordance with section 4731.51 of the	842
Revised Code and with whom the nurse has entered into a standard	843
care arrangement or one or more physicians with whom the nurse has	844
entered into a standard care arrangement are continuously	845
available to communicate with the clinical nurse specialist or	846
certified nurse practitioner either in person or by radio,	847
telephone, or other form of telecommunication;	848

(2) In the case of a certified nurse-midwife, that one or	849
more physicians with whom the certified nurse-midwife has entered	850
into a standard care arrangement are continuously available to	851
communicate with the certified nurse-midwife either in person or	852
by radio, telephone, or other form of telecommunication;	853

(3) In the case of a clinical nurse specialist who practices	854
the nursing specialty of mental health or psychiatric mental	855
health without being authorized to prescribe drugs and therapeutic	856
devices, that one or more physicians are continuously available to	857
communicate with the nurse either in person or by radio,	858
telephone, or other form of telecommunication.	859

(M) "Supervision," as it pertains to a certified registered	860
nurse anesthetist, means that the certified registered nurse	861
anesthetist is under the direction of a podiatrist acting within	862
the podiatrist's scope of practice in accordance with section	863
4731.51 of the Revised Code, a dentist acting within the dentist's	864
scope of practice in accordance with Chapter 4715. of the Revised	865
Code, or a physician, and, when administering anesthesia, the	866
certified registered nurse anesthetist is in the immediate	867
presence of the podiatrist, dentist, or physician.	868

(N) "Standard care arrangement" means a written, formal guide	869
for planning and evaluating a patient's health care that is	870
developed by one or more collaborating physicians or podiatrists	871
and a clinical nurse specialist, certified nurse-midwife, or	872
certified nurse practitioner and meets the requirements of section	873
4723.431 of the Revised Code.	874

(O) "Advanced practice registered nurse" means a certified	875
registered nurse anesthetist, clinical nurse specialist, certified	876
nurse-midwife, or certified nurse practitioner.	877

(P) "Dialysis care" means the care and procedures that a	878
dialysis technician or dialysis technician intern is authorized to	879
provide and perform, as specified in section 4723.72 of the	880
Revised Code.	881

(Q) "Dialysis technician" means an individual who holds a	882
current, valid certificate or temporary certificate issued under	883
this chapter that authorizes the individual to practice as a	884
dialysis technician in accordance withissued under section	885
4723.724723.75 of the Revised Code.	886

(R) "Dialysis technician intern" means an individual who	887
holds a current, valid certificate to practice as a dialysis	888
technician intern issued under section 4723.75 of the Revised	889
Code.	890

(S) "Certified community health worker" means an individual	891
who holds a current, valid certificate as a community health	892
worker issued by the board of nursing under section 4723.85 of the	893
Revised Code.	894

(T) "Medication aide" means an individual who holds a	895
current, valid certificate issued under this chapter that	896
authorizes the individual to administer medication in accordance	897
with section 4723.67 of the Revised Code.	898

Sec. 4723.03.  (A) No person shall engage in the practice of	899
nursing as a registered nurse, represent the person as being a	900
registered nurse, or use the title "registered nurse," the	901
initials "R.N.," or any other title implying that the person is a	902
registered nurse, for a fee, salary, or other consideration, or as	903
a volunteer, without holding a current, valid license as a	904
registered nurse under this chapter.	905

(B) No person shall engage in the practice of nursing as a	906
licensed practical nurse, represent the person as being a licensed	907
practical nurse, or use the title "licensed practical nurse," the	908
initials "L.P.N.," or any other title implying that the person is	909
a licensed practical nurse, for a fee, salary, or other	910
consideration, or as a volunteer, without holding a current, valid	911
license as a practical nurse under this chapter.	912

(C) No person shall use the titles or initials "graduate	913
nurse," "G.N.," "professional nurse," "P.N.," "graduate practical	914
nurse," "G.P.N.," "practical nurse," "P.N.," "trained nurse,"	915
"T.N.," or any other statement, title, or initials that would	916
imply or represent to the public that the person is authorized to	917
practice nursing in this state, except as follows:	918

(1) A person licensed under this chapter to practice nursing	919
as a registered nurse may use that title and the initials "R.N.";	920

(2) A person licensed under this chapter to practice nursing	921
as a licensed practical nurse may use that title and the initials	922
"L.P.N.";	923

(3) A person authorized under this chapter to practice	924
nursing as a certified registered nurse anesthetist may use that	925
title, the initials "C.R.N.A." or "N.A.," and any other title or	926
initials approved by the board of nursing;	927

(4) A person authorized under this chapter to practice	928
nursing as a clinical nurse specialist may use that title, the	929
initials "C.N.S.," and any other title or initials approved by the	930
board;	931

(5) A person authorized under this chapter to practice	932
nursing as a certified nurse-midwife may use that title, the	933
initials "C.N.M.," and any other title or initials approved by the	934
board;	935

(6) A person authorized under this chapter to practice	936
nursing as a certified nurse practitioner may use that title, the	937
initials "C.N.P.," and any other title or initials approved by the	938
board;	939

(7) A person authorized under this chapter to practice as a	940
certified registered nurse anesthetist, clinical nurse specialist,	941
certified nurse-midwife, or certified nurse practitioner may use	942
the title "advanced practice registered nurse" or the initials	943
"A.P.R.N."	944

(D) No person shall employ a person not licensed as a	945
registered nurse under this chapter to engage in the practice of	946
nursing as a registered nurse. No person shall employ a person not	947
licensed as a practical nurse under this chapter to engage in the	948
practice of nursing as a licensed practical nurse.	949

(E) No person shall sell or fraudulently obtain or furnish	950
any nursing diploma, license, certificate, renewal, or record, or	951
aid or abet such acts.	952

Sec. 4723.06.  (A) The board of nursing shall:

953

(1) Administer and enforce the provisions of this chapter,	954
including the taking of disciplinary action for violations of	955
section 4723.28 of the Revised Code, any other provisions of this	956
chapter, or rules adopted under this chapter;	957

(2) Develop criteria that an applicant must meet to be	958
eligible to sit for the examination for licensure to practice as a	959
registered nurse or as a licensed practical nurse;	960

(3) Issue and renew nursing licenses, dialysis technician	961
certificates, and community health worker certificates, as	962
provided in this chapter;	963

(4) Define the minimum curricula and standards for	964
educational programs of the schools of professionalregistered	965
nursing and schools of practical nursing in this state;	966

(5) Survey, inspect, and grant full approval to prelicensure	967
nursing education programs in this state that meet the standards	968
established by rules adopted under section 4723.07 of the Revised	969
Code. Prelicensure nursing education programs include, but are not	970
limited to, diploma, associate degree, baccalaureate degree,	971
diplomamaster's degree, and doctor of nursing programs leading to	972
initial licensure to practice nursing as a registered nurse and	973
practical nurse programs leading to initial licensure to practice	974
nursing as a licensed practical nurse.	975

(6) Grant conditional approval, by a vote of a quorum of the	976
board, to a new prelicensure nursing education program or a	977
program that is being reestablished after having ceased to	978
operate, if the program meets and maintains the minimum standards	979
of the board established by rules adopted under section 4723.07 of	980
the Revised Code. If the board does not grant conditional	981
approval, it shall hold an adjudication under Chapter 119. of the	982
Revised Code to consider conditional approval of the program. If	983
the board grants conditional approval, at itsthe first meeting	984
after the first class has completed the programfollowing	985
completion of the survey process required by division (A)(5) of	986
this section, the board shall determine whether to grant full	987
approval to the program. If the board does not grant full approval	988
or if it appears that the program has failed to meet and maintain	989
standards established by rules adopted under section 4723.07 of	990
the Revised Code, the board shall hold an adjudication under	991
Chapter 119. of the Revised Code to consider the program. Based on	992
results of the adjudication, the board may continue or withdraw	993
conditional approval, or grant full approval.	994

(7) Place on provisional approval, for a period of time	995
specified by the board, a program that has ceased to meet and	996
maintain the minimum standards of the board established by rules	997
adopted under section 4723.07 of the Revised Code. AtPrior to or	998
at the end of the period, the board shall reconsider whether the	999
program meets the standards and shall grant full approval if it	1000
does. If it does not, the board may withdraw approval, pursuant to	1001
an adjudication under Chapter 119. of the Revised Code.	1002

(8) Approve continuing nursing education programs and courses	1003
under standards established in rules adopted under section	1004
sections 4723.07, 4723.69, 4723.79, and 4723.88 of the Revised	1005
Code;	1006

(9) Approve peer support programs, under rules adopted under	1007
section 4723.07 of the Revised Code, for nurses, for dialysis	1008
technicians, and for certified community health workers;	1009

(10) Establish a program for monitoring chemical dependency	1010
in accordance with section 4723.35 of the Revised Code;	1011

(11)(10) Establish the practice intervention and improvement	1012
program in accordance with section 4723.282 of the Revised Code;	1013

(12)(11) Issue and renew certificates of authority to	1014
practice nursing as a certified registered nurse anesthetist,	1015
clinical nurse specialist, certified nurse-midwife, or certified	1016
nurse practitioner;	1017

(13)(12) Approve under section 4723.46 of the Revised Code	1018
national certifying organizations for examination and	1019
certification of certified registered nurse anesthetists, clinical	1020
nurse specialists, certified nurse-midwives, or certified nurse	1021
practitioners;	1022

(14)(13) Issue and renew certificates to prescribe in	1023
accordance with sections 4723.48 and 4723.486 of the Revised Code;	1024

(15)(14) Grant approval to the planned classroom and clinical	1025
study required by section 4723.482 of the Revised Code to be	1026
eligible for a certificate to prescribe;	1027

(16)(15) Make an annual edition of the formulary established	1028
in rules adopted under section 4723.50 of the Revised Code	1029
available to the public either in printed form or by electronic	1030
means and, as soon as possible after any revision of the formulary	1031
becomes effective, make the revision available to the public in	1032
printed form or by electronic means;	1033

(17)(16) Provide guidance and make recommendations to the	1034
general assembly, the governor, state agencies, and the federal	1035
government with respect to the regulation of the practice of	1036
nursing and the enforcement of this chapter;	1037

(18)(17) Make an annual report to the governor, which shall	1038
be open for public inspection;	1039

(19)(18) Maintain and have open for public inspection the	1040
following records:	1041

(a) A record of all its meetings and proceedings;

1042

(b) A filerecord of all applicants for, and holders of	1043
nursing, licenses, registrations, and certificates granted under	1044
this chapter; dialysis technician certificates granted under this	1045
chapter; and community health worker certificates grantedissued	1046
by the board under this chapter. The file shall be maintained in	1047
the form prescribed by rule of the boardor in accordance with	1048
rules adopted under this chapter. The record shall be maintained	1049
in a format determined by the board.	1050

(c) A list of prelicensure nursing education and training	1051
programs approved by the board;	1052

(d) A list of approved peer support programs for nurses,	1053
dialysis technicians, and certified community health workers.	1054

(19) Deny approval to a person who submits or causes to be	1055
submitted false, misleading, or deceptive statements, information,	1056
or documentation to the board in the process of applying for	1057
approval of a new education or training program. If the board	1058
proposes to deny approval of a new education or training program,	1059
it shall do so pursuant to an adjudication conducted under Chapter	1060
119. of the Revised Code.	1061

(B) The board may fulfill the requirement of division (A)(8)	1062
of this section by authorizing persons who meet the standards	1063
established in rules adopted under section 4723.07 of the Revised	1064
Code to approve continuing nursing education programs and courses.	1065
Persons so authorized shall approve continuing nursing education	1066
programs and courses in accordance with standards established in	1067
rules adopted under section 4723.07 of the Revised Code.	1068

Persons seeking authorization to approve continuing nursing	1069
education programs and courses shall apply to the board and pay	1070
the appropriate fee established under section 4723.08 of the	1071
Revised Code. Authorizations to approve continuing nursing	1072
education programs and courses shall expire, and may be renewed	1073
according to the schedule established in rules adopted under	1074
section 4723.07 of the Revised Code.	1075

In addition to approving continuing nursing education	1076
programs under division (A)(8) of this section, the board may	1077
sponsor continuing education activities that are directly related	1078
to the statutes and rules pertaining to the practice of nursing in	1079
this state.	1080

Sec. 4723.07.  In accordance with Chapter 119. of the Revised	1081
Code, the board of nursing shall adopt and may amend and rescind	1082
rules that establish all of the following:	1083

(A) Provisions for the board's government and control of its	1084
actions and business affairs;	1085

(B) Minimum curricula and standards for nursing education	1086
programs that prepare graduates to be licensed under this chapter	1087
and procedures for granting, renewing, and withdrawing approval of	1088
those programs;	1089

(C) Criteria that applicants for licensure must meet to be	1090
eligible to take examinations for licensure;	1091

(D) Standards and procedures for renewal of the licenses and	1092
certificates issued by the board;	1093

(E) Standards for approval of continuing nursing education	1094
programs and courses for registered nurses, licensed practical	1095
nurses, certified registered nurse anesthetists, clinical nurse	1096
specialists, certified nurse-midwives, and certified nurse	1097
practitioners. The standards may provide for approval of	1098
continuing nursing education programs and courses that have been	1099
approved by other state boards of nursing or by national	1100
accreditation systems for nursing, including, but not limited to,	1101
the American nurses' credentialing center and the national	1102
association for practical nurse education and service.	1103

(F) Standards that persons must meet to be authorized by the	1104
board to approve continuing nursing education programs and courses	1105
and a schedule by which that authorization expires and may be	1106
renewed;	1107

(G) Requirements, including continuing education	1108
requirements, for restoringreactivating inactive nursing	1109
licenses, dialysis technician certificates, and community health	1110
workeror certificates, and for restoring nursingreinstating	1111
licenses, dialysis technician certificates, and community health	1112
workeror certificates that have lapsed through failure to renew;	1113

(H) Conditions that may be imposed for reinstatement of a	1114
nursing license, dialysis technician certificate, or community	1115
health workeror certificate following action taken under section	1116
3123.47, 4723.28, 4723.281, 4723.652, or 4723.86 of the Revised	1117
Code resulting in a license or certificate suspension;	1118

(I) Standards for approval of peer support programs for	1119
persons who hold a nursing license, dialysis technician	1120
certificate, or community health worker certificate;	1121

(J) Requirements for board approval of courses in medication	1122
administration by licensed practical nurses;	1123

(K)(J) Criteria for evaluating the qualifications of an	1124
applicant for a license to practice nursing as a registered nurse	1125
or, a license to practice nursing as a licensed practical nurse,	1126
or a certificate of authority issued under division (E)(B) of	1127
section 4723.41 of the Revised Code, a dialysis technician	1128
certificate, or a community health worker certificatefor the	1129
purpose of issuing the license or certificate by the board's	1130
endorsement of the applicant's authority to practice issued by the	1131
licensing agency of another state;	1132

(L)(K) Universal blood and body fluidstandard precautions	1133
that shall be used by each person holding a nursing license	1134
licensee or dialysis technician certificate issued under this	1135
chapter who performs exposure-prone invasive proceduresholder.	1136
The rules shall define and establish requirements for universal	1137
blood and body fluidstandard precautions that include the	1138
following:	1139

(1) Appropriate use of hand washing;

1140

(2) Disinfection and sterilization of equipment;

1141

(3) Handling and disposal of needles and other sharp	1142
instruments;	1143

(4) Wearing and disposal of gloves and other protective	1144
garments and devices.	1145

(M)(L) Standards and procedures for approving certificates of	1146
authority to practice nursing as a certified registered nurse	1147
anesthetist, clinical nurse specialist, certified nurse-midwife,	1148
or certified nurse practitioner, and for renewal of those	1149
certificates;	1150

(N)(M) Quality assurance standards for certified registered	1151
nurse anesthetists, clinical nurse specialists, certified	1152
nurse-midwives, or certified nurse practitioners;	1153

(O)(N) Additional criteria for the standard care arrangement	1154
required by section 4723.431 of the Revised Code entered into by a	1155
clinical nurse specialist, certified nurse-midwife, or certified	1156
nurse practitioner and the nurse's collaborating physician or	1157
podiatrist;	1158

(P)(O) Continuing education standards for clinical nurse	1159
specialists who are exemptwere issued a certificate of authority	1160
to practice as a clinical nurse specialist under division (C) of	1161
section 4723.41 of the Revised Code from the requirement of having	1162
passed a certification examinationas that division existed at any	1163
time before the effective date of this amendment;	1164

(Q)(P) For purposes of division (B)(31) of section 4723.28 of	1165
the Revised Code, the actions, omissions, or other circumstances	1166
that constitute failure to establish and maintain professional	1167
boundaries with a patient.	1168

The board may adopt other rules necessary to carry out the	1169
provisions of this chapter. The rules shall be adopted in	1170
accordance with Chapter 119. of the Revised Code.	1171

Sec. 4723.08.  (A) The board of nursing may impose fees not	1172
to exceed the following limits:	1173

(1) For application for licensure by examination to practice	1174
nursing as a registered nurse or as a licensed practical nurse,	1175
seventy-five dollars;	1176

(2) For application for licensure by endorsement to practice	1177
nursing as a registered nurse or as a licensed practical nurse,	1178
seventy-five dollars;	1179

(3) For application for a certificate of authority to	1180
practice nursing as a certified registered nurse anesthetist,	1181
clinical nurse specialist, certified nurse-midwife, or certified	1182
nurse practitioner, one hundred dollars;	1183

(4) For application for a temporary dialysis technician	1184
certificate, the amount specified in rules adopted under section	1185
4723.79 of the Revised Code;	1186

(5) For application for a full dialysis technician	1187
certificate, the amount specified in rules adopted under section	1188
4723.79 of the Revised Code;	1189

(6) For application for a certificate to prescribe, fifty	1190
dollars;	1191

(7) For providing, pursuant to division (B) of section	1192
4723.271 of the Revised Code, written verification of a nursing	1193
license, certificate of authority, orcertificate to prescribe,	1194
dialysis technician certificate, medication aide certificate, or	1195
community health worker certificate to another jurisdiction,	1196
fifteen dollars;	1197

(8) For providing, pursuant to division (A) of section	1198
4723.271 of the Revised Code, a replacement copy of a nursing	1199
license, certificate of authority, certificate to prescribe,	1200
dialysis technician certificate, intravenous therapy card, or	1201
frameablewall certificate suitable for framing as described in	1202
that division, twenty-five dollars;	1203

(9) For biennial renewal of a nursing license that expires on	1204
or after August 31, 2003, but before January 1, 2004, forty-five	1205
dollars;	1206

(10) For biennial renewal of a nursing license that expires	1207
on or after January 1, 2004, sixty-five dollars;	1208

(11) For biennial renewal of a certificate of authority to	1209
practice nursing as a certified registered nurse anesthetist,	1210
clinical nurse specialist, certified nurse mid-wife, or certified	1211
nurse practitioner that expires on or before August 31, 2005, one	1212
hundred dollars;	1213

(12)(10) For biennial renewal of a certificate of authority	1214
to practice nursing as a certified registered nurse anesthetist,	1215
clinical nurse specialist, certified nurse-midwife, or certified	1216
nurse practitioner that expires on or after September 1, 2005,	1217
eighty-five dollars;	1218

(13)(11) For renewal of a certificate to prescribe, fifty	1219
dollars;	1220

(14)(12) For biennial renewal of a dialysis technician	1221
certificate, the amount specified in rules adopted under section	1222
4723.79 of the Revised Code;	1223

(15)(13) For processing a late application for renewal of a	1224
nursing license, certificate of authority, or dialysis technician	1225
certificate, fifty dollars;	1226

(16)(14) For application for authorization to approve	1227
continuing nursing education programs and courses from an	1228
applicant accredited by a national accreditation system for	1229
nursing, five hundred dollars;	1230

(17)(15) For application for authorization to approve	1231
continuing nursing education programs and courses from an	1232
applicant not accredited by a national accreditation system for	1233
nursing, one thousand dollars;	1234

(18)(16) For each year for which authorization to approve	1235
continuing nursing education programs and courses is renewed, one	1236
hundred fifty dollars;	1237

(19)(17) For application for approval to operate a dialysis	1238
training program, the amount specified in rules adopted under	1239
section 4723.79 of the Revised Code;	1240

(20)(18) For reinstatement of a lapsed nursing license,	1241
certificate of authority, or dialysis technician certificate	1242
issued under this chapter, one hundred dollars except as provided	1243
in section 5903.10 of the Revised Code;	1244

(21)(19) For written verification of a nursing license,	1245
certificate of authority, or dialysis technician certificate, when	1246
the verification is performed for purposes other than providing	1247
verification to another jurisdiction, five dollars;	1248

(22)(20) For processing a check returned to the board by a	1249
financial institution as noncollectible, twenty-five dollars;	1250

(23) For issuance of an intravenous therapy card for which a	1251
fee may be charged under section 4723.17 of the Revised Code,	1252
twenty-five dollars;	1253

(24) For out-of-state survey visits of nursing education	1254
programs operating in Ohio, two thousand dollars;	1255

(25)(21) The amounts specified in rules adopted under section	1256
4723.88 of the Revised Code pertaining to the issuance of	1257
certificates to community health workers, including fees for	1258
application for a certificate, verification of a certificate to	1259
another jurisdiction, written verification of a certificate when	1260
the verification is performed for purposes other than verification	1261
to another jurisdiction, providing a replacement copy of a	1262
certificate, biennial renewal of a certificate, processing a late	1263
application for renewal of a certificate, reinstatement of a	1264
lapsed certificate, application for approval of a community health	1265
worker training program for community health workers, and biennial	1266
renewal of the approval of a training program for community health	1267
workers.	1268

(B) Each quarter, for purposes of transferring funds under	1269
section 4743.05 of the Revised Code to the nurse education	1270
assistance fund created in section 3333.28 of the Revised Code,	1271
the board of nursing shall certify to the director of budget and	1272
management the number of biennial licenses renewed under this	1273
chapter during the preceding quarter and the amount equal to that	1274
number times five dollars.	1275

(C) The board may charge a participant in a board-sponsored	1276
continuing education activity an amount not exceeding fifteen	1277
dollars for each activity.	1278

(D) The board may contract for services pertaining to the	1279
process of providing written verification of a nursing license,	1280
certificate of authority, dialysis technician certificate, or	1281
community health worker certificate when the verification is	1282
performed for purposes other than providing verification to	1283
another jurisdiction. The contract may include provisions	1284
pertaining to the collection of the fee charged for providing the	1285
written verification. As part of these provisions, the board may	1286
permit the contractor to retain a portion of the fees as	1287
compensation, before any amounts are deposited into the state	1288
treasury.	1289

Sec. 4723.09.  (A)(1) An application for licensure by	1290
examination to practice as a registered nurse or as a licensed	1291
practical nurse shall be submitted to the board of nursing in the	1292
form prescribed by rules of the board. The application shall	1293
include evidence that the applicant has completed requirements of	1294
a nursing education program approved by the board or approved by	1295
another jurisdiction'sunder division (A) of section 4723.06 of	1296
the Revised Code or by a board that regulates nurse licensureof	1297
another jurisdiction that is a member of the national council of	1298
state boards of nursing. The application also shall include any	1299
other information required by rules of the board. The application	1300
shall be accompanied by the application fee required by section	1301
4723.08 of the Revised Code.	1302

(2) The board shall grant a license to practice nursing as a	1303
registered nurse or as a licensed practical nurse if all of the	1304
following apply:	1305

(a) For all applicants, the applicant passes the examination	1306
accepted by the board under section 4723.10 of the Revised Code.	1307

(b) For an applicant who entered a prelicensure nursing	1308
education program on or after June 1, 2003, the results of a	1309
criminal records check of the applicant that is completed by the	1310
bureau of criminal identification and investigation and includes a	1311
check of federal bureau of investigation records and that the	1312
bureau submits to the board indicates that the applicant has not	1313
been convicted of, has not pleaded guilty to, and has not had a	1314
judicial finding of guilt for violating section 2903.01, 2903.02,	1315
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	1316
2911.01, or 2911.11 of the Revised Code or a substantially similar	1317
law of another state, the United States, or another country	1318
conducted in accordance with section 4723.091 of the Revised Code	1319
demonstrate that the applicant is not ineligible for licensure as	1320
specified in section 4723.092 of the Revised Code.	1321

(c) For all applicants, the board determines that the	1322
applicant has not committed any act that is grounds for	1323
disciplinary action under section 3123.47 or 4723.28 of the	1324
Revised Code or determines that an applicant who has committed any	1325
act that is grounds for disciplinary action under either section	1326
has made restitution or has been rehabilitated, or both.	1327

(d) For all applicants, the applicant is not required to	1328
register under Chapter 2950. of the Revised Code or a	1329
substantially similar law of another state, the United States, or	1330
another country.	1331

(3) The board is not required to afford an adjudication to an	1332
individual to whom it has refused to grant a license because of	1333
that individual's failure to pass the examination.	1334

(B)(1) An application for license by endorsement to practice	1335
nursing as a registered nurse or as a licensed practical nurse	1336
shall be submitted to the board in the form prescribed by rules of	1337
the board and shall be accompanied by the application fee required	1338
by section 4723.08 of the Revised Code. The application shall	1339
include evidence that the applicant holds a current, valid, and	1340
unrestricted license in good standing in another jurisdiction	1341
granted after passing an examination approved by the board of that	1342
jurisdiction that is equivalent to the examination requirements	1343
under this chapter for a license to practice nursing as a	1344
registered nurse or licensed practical nurse and. The application	1345
shall include any other information required by rules of the board	1346
of nursing. The application shall be accompanied by the	1347
application fee required by section 4723.08 of the Revised Code.	1348

(2) The board shall grant a license by endorsement to	1349
practice nursing as a registered nurse or as a licensed practical	1350
nurse if the applicant is licensed or certified by another	1351
jurisdiction and the board determines, pursuant to rules	1352
established under section 4723.07 of the Revised Code, that all of	1353
the following apply:	1354

(1)(a) For all applicants, the educational preparation of the	1355
applicant is substantially similar to the minimum curricula and	1356
standards forprovides evidence satisfactory to the board that the	1357
applicant has successfully completed a nursing education programs	1358
established byprogram approved by the board under division (A) of	1359
section 4723.074723.06 of the Revised Code or by a board of	1360
another jurisdiction that is a member of the national council of	1361
state boards of nursing.	1362

(2)(b) For all applicants, the examination, at the time it is	1363
successfully completed, is equivalent to the examination	1364
requirements in effect at that time for applicants who were	1365
licensed by examination in this state.	1366

(3)(c) For all applicants, the board determines there is	1367
sufficient evidence that the applicant completed two contact hours	1368
of continuing education directly related to this chapter or the	1369
rules adopted under it.	1370

(d) For all applicants, the results of a criminal records	1371
check of the applicant that is completed by the bureau of criminal	1372
identification and investigation and includes a check of federal	1373
bureau of investigation records and that the bureau submits to the	1374
board indicates that the applicant has not been convicted of, has	1375
not pleaded guilty to, and has not had a judicial finding of guilt	1376
for violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	1377
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	1378
Revised Code or a substantially similar law of another state, the	1379
United States, or another countryconducted in accordance with	1380
section 4723.091 of the Revised Code demonstrate that the	1381
applicant is not ineligible for licensure as specified in section	1382
4723.092 of the Revised Code.	1383

(4)(e) For all applicants, the applicant has not committed	1384
any act that is grounds for disciplinary action under section	1385
3123.47,or 4723.28, or 4723.281 of the Revised Code, or the board	1386
determines that an applicant who has committed any act that is	1387
grounds for disciplinary action under anyeither of those sections	1388
has made restitution or has been rehabilitated, or both.	1389

(f) For all applicants, the applicant is not required to	1390
register under Chapter 2950. of the Revised Code, or a	1391
substantially similar law of another state, the United States, or	1392
another country.	1393

(C) The board may grant a nonrenewable temporary permit to	1394
practice nursing as a registered nurse or as a licensed practical	1395
nurse to an applicant for license by endorsement if the board is	1396
satisfied by the evidence that the applicant holds a current,	1397
activevalid, and unrestricted license in good standing in another	1398
jurisdiction. Subject to earlier automatic termination as	1399
described in this paragraph, the temporary permit shall expire at	1400
the earlier of one hundred eighty days after issuance or upon the	1401
issuance of a license by endorsement. The temporary permit shall	1402
terminate automatically if the criminal records check completed by	1403
the bureau of criminal identification and investigation as	1404
described in this section 4723.091 of the Revised Code regarding	1405
the applicant indicates that the applicant previously has been	1406
convicted of, pleaded guilty to, or had a judicial finding of	1407
guilt for a violation of section 2903.01, 2903.02, 2903.03,	1408
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	1409
2911.11 of the Revised Code or a substantially similar law of	1410
another state, the United States, or another countryis ineligible	1411
for licensure as specified in section 4723.092 of the Revised	1412
Code. An applicant whose temporary permit is automatically	1413
terminated is permanently prohibited from obtaining a license to	1414
practice nursing in this state as a registered nurse or as a	1415
licensed practical nurse.	1416

(C) An applicant under this section shall submit a request to	1417
the bureau of criminal identification and investigation for a	1418
criminal records check of the applicant. The request shall be on	1419
the form prescribed pursuant to division (C)(1) of section 109.572	1420
of the Revised Code, accompanied by a standard impression sheet to	1421
obtain fingerprints prescribed pursuant to division (C)(2) of that	1422
section, and accompanied by the fee prescribed pursuant to	1423
division (C)(3) of that section. Upon receipt of the completed	1424
form, the completed impression sheet, and the fee, the bureau	1425
shall conduct a criminal records check of the applicant. Upon	1426
completion of the criminal records check, the bureau shall send	1427
the results of the check to the board. An applicant requesting a	1428
criminal records check under this division shall ask the	1429
superintendent of the bureau of criminal identification and	1430
investigation to also request the federal bureau of investigation	1431
to provide the superintendent with any information it has with	1432
respect to the applicant.	1433

The results of any criminal records check conducted pursuant	1434
to a request made under this section, and any report containing	1435
those results, are not public records for purposes of section	1436
149.43 of the Revised Code and shall not be made available to any	1437
person or for any purpose other than the following:	1438

(1) The results may be made available to any person for use	1439
in determining under this section and division (N) of section	1440
4723.28 of the Revised Code whether the individual who is the	1441
subject of the check should be granted a license to practice	1442
nursing as a registered nurse or as a licensed practical nurse or	1443
whether any temporary permit granted to the individual under this	1444
section has terminated automatically.	1445

(2) The results may be made available to the individual who	1446
is the subject of the check or that individual's representative.	1447

Sec. 4723.091. (A) An individual who applies for licensure	1448
under section 4723.09 of the Revised Code; issuance of a	1449
certificate under section 4723.651, 4723.75, 4723.76, or 4723.85	1450
of the Revised Code; reactivation of a license, under division (D)	1451
of section 4723.24 of the Revised Code, that has been inactive for	1452
at least five years; or reinstatement of a license, under division	1453
(D) of section 4723.24 of the Revised Code, that has been expired	1454
for at least five years shall submit a request to the bureau of	1455
criminal identification and investigation for a criminal records	1456
check of the applicant. The request shall be made in accordance	1457
with section 109.572 of the Revised Code.	1458

(B) An applicant requesting a criminal records check under	1459
division (A) of this section shall also ask the superintendent of	1460
the bureau of criminal identification and investigation to request	1461
that the federal bureau of investigation send to the	1462
superintendent any information the federal bureau of investigation	1463
has with respect to the applicant.	1464

(C) On receipt of all items required for the commencement of	1465
a criminal records check pursuant to division (A) of this section,	1466
the bureau of criminal identification and investigation shall	1467
conduct a criminal records check of the applicant. On the	1468
completion of the criminal records check, the bureau shall send	1469
the results to the board of nursing.	1470

(D) The results of a criminal records check conducted	1471
pursuant to a request made under division (A) of this section, and	1472
any report containing those results, are not public records for	1473
purposes of section 149.43 of the Revised Code and shall not be	1474
made available to any person or for any purpose other than the	1475
following:	1476

(1) The results may be made available to any person for use	1477
in determining under section 4723.09, 4723.651, 4723.75, 4723.76,	1478
or 4723.85 of the Revised Code whether the individual who is the	1479
subject of the check should be granted a license or certificate	1480
under this chapter or whether any temporary permit granted to the	1481
individual under either of the following has terminated	1482
automatically:	1483

(a) Section 4723.09 of the Revised Code;

1484

(b) Section 4723.76 of the Revised Code as that section	1485
existed at any time before the effective date of this amendment.	1486

(2) The results may be made available to any person for use	1487
in determining under division (D) of section 4723.24 of the	1488
Revised Code whether the individual who is the subject of the	1489
check should have the individual's license or certificate	1490
reactivated or reinstated.	1491

(3) The results may be made available to any person for use	1492
in determining under section 4723.28 of the Revised Code whether	1493
the individual who is the subject of the check should be subject	1494
to disciplinary action in accordance with that section.	1495

(4) The results may be made available to the individual who	1496
is the subject of the check or that individual's representative.	1497

Sec. 4723.092. An individual is ineligible for licensure	1498
under section 4723.09 of the Revised Code or issuance of a	1499
certificate under section 4723.651, 4723.75, 4723.76, or 4723.85	1500
of the Revised Code if a criminal records check conducted in	1501
accordance with section 4723.091 of the Revised Code indicates	1502
that the individual has been convicted of, pleaded guilty to, or	1503
had a judicial finding of guilt for either of the following:	1504

(A) Violating section 2903.01, 2903.02, 2903.03, 2903.11,	1505
2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11	1506
of the Revised Code;	1507

(B) Violating a law of another state, the United States, or	1508
another country that is substantially similar to a law described	1509
in division (A) of this section.	1510

Sec. 4723.17. The board of nursing shall authorize a licensed	1511
practical nurse to administer medications if the nurse supplies	1512
evidence satisfactory to the board that either of the following is	1513
the case:	1514

(A) The nurse successfully completed, within a practical	1515
nurse prelicensure education program approved by the board or by	1516
another jurisdiction's agency that regulates the practice of	1517
nursing, a course in basic pharmacology.	1518

(B) The nurse successfully completed a postlicensure course	1519
in basic pharmacology that is acceptable to the board.	1520

Sec. 4723.17.        Sec. 4723.18.  (A) The board of nursing mayshall	1521
authorize a licensed practical nurse to administer to an adult	1522
intravenous therapy authorized by an individual who is authorized	1523
to practice in this state and is acting within the course of the	1524
individual's professional practice, if the licensed practical	1525
nurse has a current, valid license issued under this chapter that	1526
includes authorization to administer medications and onesupplies	1527
evidence satisfactory to the board that all of the following is	1528
are the case:	1529

(1) The nurse holds a current, valid license issued under	1530
this chapter to practice nursing as a licensed practical nurse.	1531

(2) The nurse has been authorized under section 4723.18 of	1532
the Revised Code to administer medications.	1533

(3) The nurse has successfully completed, within a practical	1534
nurse prelicensure education programa course of study in the safe	1535
performance of intravenous therapy approved by the board or by	1536
another jurisdiction's agency that regulates the practice of	1537
nursing, a course of study that prepares the nurse to safely	1538
perform the intravenous therapy procedures the board may authorize	1539
under this section. To meet this requirement, the course of study	1540
must include all of the following:	1541

(a) Both didactic and clinical components;

1542

(b) Curriculum requirements established in rules the board of	1543
nursing shall adopt in accordance with Chapter 119. of the Revised	1544
Code;	1545

(c) Standards that require the nurse to perform a successful	1546
demonstration of the intravenous procedures, including all skills	1547
needed to perform them safelypursuant to section 4723.19 of the	1548
Revised Code or by an agency in another jurisdiction that	1549
regulates the practice of nursing and has requirements for	1550
intravenous therapy course approval that are substantially similar	1551
to the requirements in division (B) of section 4723.19 of the	1552
Revised Code, as determined by the board.	1553

(2)(4) The nurse has successfully completed a minimum of	1554
forty hours of training that includes all of the following:	1555

(a) The curriculum established by rules adopted by the board	1556
and in effect on January 1, 1999;	1557

(b) Training in the anatomy and physiology of the	1558
cardiovascular system, signs and symptoms of local and systemic	1559
complications in the administration of fluids and antibiotic	1560
additives, and guidelines for management of these complications;	1561

(c) Any other training or instruction the board considers	1562
appropriate.;	1563

(d) A testing component that requires the nurse to perform a	1564
successful demonstration of the intravenous procedures, including	1565
all skills needed to perform them safely.	1566

(B) Except as provided in section 4723.1714723.181 of the	1567
Revised Code and subject to the restrictions in division (D) of	1568
this section, a licensed practical nurse may perform intravenous	1569
therapy on an adult patient only if authorized by the board	1570
pursuant to division (A) of this section and only if it is	1571
performed in accordance with this section.	1572

A licensed practical nurse authorized by the board to perform	1573
intravenous therapy may perform an intravenous therapy procedure	1574
only at the direction of one of the following:	1575

(1) A licensed physician, dentist, optometrist, or podiatrist	1576
who, except as provided in division (C)(2) of this section, is	1577
present and readily available at the facility where the	1578
intravenous therapy procedure is performed;	1579

(2) A registered nurse in accordance with division (C) of	1580
this section.	1581

(C)(1) Except as provided in division (C)(2) of this section	1582
and section 4723.1714723.181 of the Revised Code, when a licensed	1583
practical nurse authorized by the board to perform intravenous	1584
therapy performs an intravenous therapy procedure at the direction	1585
of a registered nurse, the registered nurse or another registered	1586
nurse shall be readily available at the site where the intravenous	1587
therapy is performed, and before the licensed practical nurse	1588
initiates the intravenous therapy, the registered nurse shall	1589
personally perform an on-site assessment of the individualadult	1590
patient who is to receive the intravenous therapy.	1591

(2) When a licensed practical nurse authorized by the board	1592
to perform intravenous therapy performs an intravenous therapy	1593
procedure in a home as defined in section 3721.10 of the Revised	1594
Code, or in an intermediate care facility for the mentally	1595
retarded as defined in section 5111.20 of the Revised Code, at the	1596
direction of a registered nurse or licensed physician, dentist,	1597
optometrist, or podiatrist, a registered nurse shall be on the	1598
premises of the home or facility or accessible by some form of	1599
telecommunication.	1600

(D) No licensed practical nurse shall perform any of the	1601
following intravenous therapy procedures:	1602

(1) Initiating or maintaining any of the following:

1603

(a) Blood or blood components;

1604

(b) Solutions for total parenteral nutrition;

1605

(c) Any cancer therapeutic medication including, but not	1606
limited to, cancer chemotherapy or an anti-neoplastic agent;	1607

(d) Solutions administered through any central venous line or	1608
arterial line or any other line that does not terminate in a	1609
peripheral vein, except that a licensed practical nurse authorized	1610
by the board to perform intravenous therapy may maintain the	1611
solutions specified in division (D)(6)(a) of this section that are	1612
being administered through a central venous line or peripherally	1613
inserted central catheter;	1614

(e) Any investigational or experimental medication.

1615

(2) Initiating intravenous therapy in any vein, except that a	1616
licensed practical nurse authorized by the board to perform	1617
intravenous therapy may initiate intravenous therapy in accordance	1618
with this section in a vein of the hand, forearm, or antecubital	1619
fossa;	1620

(3) Discontinuing a central venous, arterial, or any other	1621
line that does not terminate in a peripheral vein;	1622

(4) Initiating or discontinuing a peripherally inserted	1623
central catheter;	1624

(5) Mixing, preparing, or reconstituting any medication for	1625
intravenous therapy, except that a licensed practical nurse	1626
authorized by the board to perform intravenous therapy may prepare	1627
or reconstitute an antibiotic additive;	1628

(6) Administering medication via the intravenous route,	1629
including all of the following activities:	1630

(a) Adding medication to an intravenous solution or to an	1631
existing infusion, except that a licensed practical nurse	1632
authorized by the board to perform intravenous therapy may do	1633
eitherany of the following:	1634

(i) Initiate an intravenous infusion containing one or more	1635
of the following elements: dextrose 5%;, normal saline;, lactated	1636
ringers;, sodium chloride .45%;, sodium chloride 0.2%;, sterile	1637
water.;	1638

(ii) Hang subsequent containers of the intravenous solutions	1639
specified in division (D)(6)(a)(i) of this section that contain	1640
vitamins or electrolytes, if a registered nurse initiated the	1641
infusion of that same intravenous solution.	1642

(b) Initiating or maintaining an intravenous piggyback	1643
infusion, except that a licensed practical nurse authorized by the	1644
board to perform intravenous therapy may initiate;	1645

(iii) Initiate or maintain an intravenous piggyback infusion	1646
containing an antibiotic additive;.	1647

(c)(b) Injecting medication via a direct intravenous route,	1648
except that a licensed practical nurse authorized by the board to	1649
perform intravenous therapy may inject heparin or normal saline to	1650
flush an intermittent infusion device or heparin lock including,	1651
but not limited to, bolus or push.	1652

(7) Aspirating any intravenous line to maintain patency;

1653

(8) Changing tubing on any line including, but not limited	1654
to, an arterial line or a central venous line, except that a	1655
licensed practical nurse authorized by the board to perform	1656
intravenous therapy may change tubing on an intravenous line that	1657
terminates in a peripheral vein;	1658

(9) Programming or setting any function of a patient	1659
controlled infusion pump.	1660

(E) Notwithstanding divisiondivisions (A) and (D) of this	1661
section, at the direction of a physician or a registered nurse, a	1662
licensed practical nurse authorized by the board to perform	1663
intravenous therapy may perform the following activities for the	1664
purpose of performing dialysis for adult and pediatric patients:	1665

(1) The routine administration and regulation of saline	1666
solution for the purpose of maintaining an established fluid plan;	1667

(2) The administration of a heparin dose intravenously;

1668

(3) The administration of a heparin dose peripherally via a	1669
fistula needle;	1670

(4) The loading and activation of a constant infusion pump or	1671
the;	1672

(5) The intermittent injection of a dose of medication	1673
prescribed by a licensed physician for dialysisthat is	1674
administered via the hemodialysis blood circuit and through the	1675
patient's venous access.	1676

(F) No person shall employ or direct a licensed practical	1677
nurse to perform an intravenous therapy procedure without first	1678
verifying that the licensed practical nurse is authorized by the	1679
board to perform intravenous therapy.	1680

(G) The board shall issue an intravenous therapy card to the	1681
licensed practical nurses authorized pursuant to division (A) of	1682
this section to perform intravenous therapy. A fee for issuing the	1683
card shall not be charged under section 4723.08 of the Revised	1684
Code if the licensed practical nurse receives the card by meeting	1685
the requirements of division (A)(1) of this section. The board	1686
shall maintain a registry of the names of licensed practical	1687
nurses who hold intravenous therapy cards.	1688

Sec. 4723.171.        Sec. 4723.181.  (A) A licensed practical nurse may	1689
perform on any person any of the intravenous therapy procedures	1690
specified in division (B) of this section without receiving	1691
authorization to perform intravenous therapy from the board of	1692
nursing under section 4723.174723.18 of the Revised Code, if both	1693
of the following apply:	1694

(1) The licensed practical nurse acts at the direction of a	1695
registered nurse or a licensed physician, dentist, optometrist, or	1696
podiatrist and the registered nurse, physician, dentist,	1697
optometrist, or podiatrist is on the premises where the procedure	1698
is to be performed or accessible by some form of	1699
telecommunication.	1700

(2) The licensed practical nurse can demonstrate the	1701
knowledge, skills, and ability to perform the procedure safely.	1702

(B) The intravenous therapy procedures that a licensed	1703
practical nurse may perform pursuant to division (A) of this	1704
section are limited to the following:	1705

(1) Verification of the type of peripheral intravenous	1706
solution being administered;	1707

(2) Examination of a peripheral infusion site and the	1708
extremity for possible infiltration;	1709

(3) Regulation of a peripheral intravenous infusion according	1710
to the prescribed flow rate;	1711

(4) Discontinuation of a peripheral intravenous device at the	1712
appropriate time;	1713

(5) Performance of routine dressing changes at the insertion	1714
site of a peripheral venous or arterial infusion, peripherally	1715
inserted central catheter infusion, or central venous pressure	1716
subclavian infusion.	1717

Sec. 4723.19. (A) A person or government entity seeking	1718
approval to provide a course of study in the safe performance of	1719
intravenous therapy shall apply to the board of nursing in a	1720
manner specified by the board.	1721

(B) The board shall approve the applicant to provide a course	1722
of study in the safe performance of intravenous therapy if the	1723
content of the course of study to be provided includes all of the	1724
following:	1725

(1) Didactic and clinical components;

1726

(2) Curriculum requirements established in rules the board	1727
shall adopt in accordance with Chapter 119. of the Revised Code;	1728

(3) Standards that require the nurse to perform a successful	1729
demonstration of the intravenous procedures, including all skills	1730
needed to perform them safely.	1731

Sec. 4723.24.  (A) AllExcept as otherwise specified in this	1732
chapter, all active licenses and certificates issued under this	1733
chapter shall be renewed biennially according to a schedule	1734
established by the board of nursing. The board shall provide an	1735
application for renewal to every holder of an active license or	1736
certificate, except when the board is aware that an individual is	1737
ineligible for license or certificate renewal for any reason,	1738
including pending criminal charges in this state or another	1739
jurisdiction, failure to comply with a disciplinary order from the	1740
board or the terms of a consent agreement entered into with the	1741
board, failure to pay fines or fees owed to the board, or failure	1742
to provide on the board's request documentation of having	1743
completed the continuing nursing education requirements specified	1744
in division (C) of this section.	1745

If the board provides a renewal application by mail, the	1746
application shall be addressed to the last known post-office	1747
address of the license or certificate holder and mailed before the	1748
date specified in the board's schedule. Failure of the license or	1749
certificate holder to receive an application for renewal from the	1750
board shall not excuse the holder from the requirements contained	1751
in this section, except as provided in section 5903.10 of the	1752
Revised Code.	1753

The license or certificate holder shall complete the renewal	1754
form and return it to the treasurer of stateboard with the	1755
renewal fee required by section 4723.08 of the Revised Code on or	1756
before the date specified by the board. The license or certificate	1757
holder shall report any conviction, plea, or judicial finding	1758
regarding a criminal offense that constitutes grounds for the	1759
board to impose sanctions under section 4723.28 of the Revised	1760
Code since the holder last submitted an application to the board.	1761

The treasurer shall immediately forward the renewal	1762
application to the board. On receipt of the renewal application,	1763
the board shall verify thatwhether the applicant meets the	1764
renewal requirements and. If the applicant meets the requirements,	1765
the board shall renew the license or certificate for the following	1766
two-year period.	1767

If a renewal application that meets the renewal requirements	1768
is submitted after the date specified in the board's schedule, but	1769
before expiration of the license or certificate, the board shall	1770
grant a renewal upon payment of the late renewal fee authorized	1771
under section 4723.08 of the Revised Code.	1772

(B) Every license or certificate holder shall give written	1773
notice to the board of any change of name or address within thirty	1774
days of the change. The board shall require the holder to document	1775
a change of name in a manner acceptable to the board.	1776

(C)(1) Except in the case of a first renewal after licensure	1777
by examination, to be eligible for renewal of an active license to	1778
practice nursing as a registered nurse or licensed practical	1779
nurse, each individual who holds an active license shall, in each	1780
two-year period specified by the board, complete continuing	1781
nursing education as follows:	1782

(a) For renewal of a license that was issued for a two-year	1783
renewal period, twenty-four hours of continuing nursing education;	1784

(b) For renewal of a license that was issued for less than a	1785
two-year renewal period, the number of hours of continuing nursing	1786
education specified by the board in rules adopted in accordance	1787
with Chapter 119. of the Revised Code;	1788

(c) Of the hours of continuing nursing education completed in	1789
any renewal period, at least one hour of the education must be	1790
directly related to the statutes and rules pertaining to the	1791
practice of nursing in this state.	1792

(2) The board shall adopt rules establishing the procedure	1793
for a license holder to certify to the board completion of the	1794
required continuing nursing education. The board may conduct a	1795
random sample of license holders and require that the license	1796
holders included in the sample submit satisfactory documentation	1797
of having completed the requirements for continuing nursing	1798
education. On the board's request, a license holder included in	1799
the sample shall submit the required documentation.	1800

(3) An educational activity may be applied toward meeting the	1801
continuing nursing education requirement only if it is obtained	1802
through a program or course approved by the board or a person the	1803
board has authorized to approve continuing nursing education	1804
programs and courses.	1805

(4) The continuing education required of a certified	1806
registered nurse anesthetist, clinical nurse specialist, certified	1807
nurse-midwife, or certified nurse practitioner to obtain or	1808
maintain certification by a national certifying organization shall	1809
be applied toward the continuing education requirements for	1810
renewal of a license to practice nursing as a registered nurse	1811
only if it is obtained through a program or course approved by the	1812
board or a person the board has authorized to approve continuing	1813
nursing education programs and courses.	1814

(D) Except as otherwise provided in section 4723.28 of the	1815
Revised Code, aan individual who holds an active license holder	1816
to practice nursing as a registered nurse or licensed practical	1817
nurse and who does not intend to practice in Ohio may send to the	1818
board written notice to that effect on or before the renewal date,	1819
and the board shall classify the license as inactive. During the	1820
period that the license is classified as inactive, the holder may	1821
not engage in the practice of nursing in Ohio and is not required	1822
to pay the renewal fee.	1823

The holder of an inactive license or an individual who has	1824
failed to renew the individual's license may have the license	1825
restored or renewedreactivated or reinstated upon meetingdoing	1826
the following, as applicable to the holder or individual:	1827

(1) Applying to the board for license reactivation or	1828
reinstatement on forms provided by the board;	1829

(2) Meeting the requirements for restoring and renewing	1830
reactivating or reinstating licenses established in rules adopted	1831
under section 4723.07 of the Revised Code or, if the individual	1832
did not renew because of service in the armed forces of the United	1833
States, as provided in section 5903.10 of the Revised Code;	1834

(3) If the license has been inactive for at least five years	1835
from the date of application for reactivation or has lapsed for at	1836
least five years from the date of application for reinstatement,	1837
submitting a request to the bureau of criminal identification and	1838
investigation for a criminal records check and check of federal	1839
bureau of investigation records pursuant to section 4723.091 of	1840
the Revised Code.	1841

Sec. 4723.271. The(A) Upon request of the holder of a	1842
nursing license, certificate of authority, dialysis technician	1843
certificate, medication aide certificate, or community health	1844
worker certificate issued under this chapter, the presentment of	1845
proper identification as prescribed in rules adopted by the board	1846
of nursing, and payment of the fee authorized under section	1847
4723.08 of the Revised Code, the board of nursing shall provide to	1848
the requestor a replacement copy of a nursing license, certificate	1849
of authority, dialysis technicianwall certificate, or community	1850
health worker certificate issued under this chapter upon request	1851
of the holder accompanied by proper identification as prescribed	1852
in rules adopted by the board and payment of the fee authorized	1853
under section 4723.08 of the Revised Codesuitable for framing.	1854

(B) Upon request of the holder of a nursing license,	1855
certificate of authority, certificate to prescribe, dialysis	1856
technician certificate, medication aide certificate, or community	1857
health worker certificate issued under this chapter and payment of	1858
the fee authorized under section 4723.08 of the Revised Code, the	1859
board shall verify to an agency of another jurisdiction or foreign	1860
country the fact that the person holds such nursing license,	1861
certificate of authority, certificate to prescribe, dialysis	1862
technician certificate, medication aide certificate, or community	1863
health worker certificate.	1864

Sec. 4723.28.  (A) The board of nursing, by a vote of a	1865
quorum, may revoke or may refuse to grant a nursing license,	1866
certificate of authority, or dialysis technician certificate to a	1867
person found by the board to haveimpose one or more of the	1868
following sanctions if it finds that a person committed fraud in	1869
passing an examination required to obtain thea license,	1870
certificate of authority, or dialysis technician certificate	1871
issued by the board, or to have committed fraud,	1872
misrepresentation, or deception in applying for or securing anya	1873
nursing license, certificate of authority, or dialysis technician	1874
certificate issued by the board: deny, revoke, suspend, or place	1875
restrictions on any nursing license, certificate of authority, or	1876
dialysis technician certificate issued by the board; reprimand or	1877
otherwise discipline a holder of a nursing license, certificate of	1878
authority, or dialysis technician certificate; or impose a fine of	1879
not more than five hundred dollars per violation.	1880

(B) Subject to division (N) of this section, theThe board of	1881
nursing, by a vote of a quorum, may impose one or more of the	1882
following sanctions: deny, revoke, suspend, or place restrictions	1883
on any nursing license, certificate of authority, or dialysis	1884
technician certificate issued by the board; reprimand or otherwise	1885
discipline a holder of a nursing license, certificate of	1886
authority, or dialysis technician certificate; or impose a fine of	1887
not more than five hundred dollars per violation. The sanctions	1888
may be imposed for any of the following:	1889

(1) Denial, revocation, suspension, or restriction of	1890
authority to practice a health care occupation, including nursing	1891
or practice as a dialysis technician, for any reason other than a	1892
failure to renew, in Ohio or another state or jurisdiction;	1893

(2) Engaging in the practice of nursing or engaging in	1894
practice as a dialysis technician, having failed to renew a	1895
nursing license or dialysis technician certificate issued under	1896
this chapter, or while a nursing license or dialysis technician	1897
certificate is under suspension;	1898

(3) Conviction of, a plea of guilty to, a judicial finding of	1899
guilt of, a judicial finding of guilt resulting from a plea of no	1900
contest to, or a judicial finding of eligibility for a pretrial	1901
diversion or similar program or for intervention in lieu of	1902
conviction for, a misdemeanor committed in the course of practice;	1903

(4) Conviction of, a plea of guilty to, a judicial finding of	1904
guilt of, a judicial finding of guilt resulting from a plea of no	1905
contest to, or a judicial finding of eligibility for a pretrial	1906
diversion or similar program or for intervention in lieu of	1907
conviction for, any felony or of any crime involving gross	1908
immorality or moral turpitude;	1909

(5) Selling, giving away, or administering drugs or	1910
therapeutic devices for other than legal and legitimate	1911
therapeutic purposes; or conviction of, a plea of guilty to, a	1912
judicial finding of guilt of, a judicial finding of guilt	1913
resulting from a plea of no contest to, or a judicial finding of	1914
eligibility for a pretrial diversion or similar program or for	1915
intervention in lieu of conviction for, violating any municipal,	1916
state, county, or federal drug law;	1917

(6) Conviction of, a plea of guilty to, a judicial finding	1918
of guilt of, a judicial finding of guilt resulting from a plea of	1919
no contest to, or a judicial finding of eligibility for a pretrial	1920
diversion or similar program or for intervention in lieu of	1921
conviction for, an act in another jurisdiction that would	1922
constitute a felony or a crime of moral turpitude in Ohio;	1923

(7) Conviction of, a plea of guilty to, a judicial finding of	1924
guilt of, a judicial finding of guilt resulting from a plea of no	1925
contest to, or a judicial finding of eligibility for a pretrial	1926
diversion or similar program or for intervention in lieu of	1927
conviction for, an act in the course of practice in another	1928
jurisdiction that would constitute a misdemeanor in Ohio;	1929

(8) Self-administering or otherwise taking into the body any	1930
dangerous drug, as defined in section 4729.01 of the Revised Code,	1931
in any way that is not in accordance with a legal, valid	1932
prescription issued for that individual;	1933

(9) Habitual indulgence in theor excessive use of controlled	1934
substances, other habit-forming drugs, or alcohol or other	1935
chemical substances to an extent that impairs ability to practice	1936
the individual's ability to provide safe nursing care or safe	1937
dialysis care;	1938

(10) Impairment of the ability to practice according to	1939
acceptable and prevailing standards of safe nursing care or safe	1940
dialysis care because of habitual or excessivethe use of drugs,	1941
alcohol, or other chemical substances that impair the ability to	1942
practice;	1943

(11) Impairment of the ability to practice according to	1944
acceptable and prevailing standards of safe nursing care or safe	1945
dialysis care because of a physical or mental disability;	1946

(12) Assaulting or causing harm to a patient or depriving a	1947
patient of the means to summon assistance;	1948

(13) Obtaining or attempting to obtainMisappropriation or	1949
attempted misappropriation of money or anything of value by	1950
intentional misrepresentation or material deception in the course	1951
of practice;	1952

(14) Adjudication by a probate court of being mentally ill or	1953
mentally incompetent. The board may restorereinstate the person's	1954
nursing license or dialysis technician certificate upon	1955
adjudication by a probate court of the person's restoration to	1956
competency or upon submission to the board of other proof of	1957
competency.	1958

(15) The suspension or termination of employment by the	1959
department of defense or the veterans administration of the United	1960
States for any act that violates or would violate this chapter;	1961

(16) Violation of this chapter or any rules adopted under it;

1962

(17) Violation of any restrictions placed by the board on a	1963
nursing license or dialysis technician certificate by the board;	1964

(18) Failure to use universal blood and body fluidstandard	1965
precautions established by rules adopted under section 4723.07 of	1966
the Revised Code;	1967

(19) Failure to practice in accordance with acceptable and	1968
prevailing standards of safe nursing care or safe dialysis care;	1969

(20) In the case of a registered nurse, engaging in	1970
activities that exceed the practice of nursing as a registered	1971
nurse;	1972

(21) In the case of a licensed practical nurse, engaging in	1973
activities that exceed the practice of nursing as a licensed	1974
practical nurse;	1975

(22) In the case of a dialysis technician, engaging in	1976
activities that exceed those permitted under section 4723.72 of	1977
the Revised Code;	1978

(23) Aiding and abetting a person in that person's practice	1979
of nursing without a license or practice as a dialysis technician	1980
without a certificate issued under this chapter;	1981

(24) In the case of a certified registered nurse anesthetist,	1982
clinical nurse specialist, certified nurse-midwife, or certified	1983
nurse practitioner, except as provided in division (M) of this	1984
section, either of the following:	1985

(a) Waiving the payment of all or any part of a deductible or	1986
copayment that a patient, pursuant to a health insurance or health	1987
care policy, contract, or plan that covers such nursing services,	1988
would otherwise be required to pay if the waiver is used as an	1989
enticement to a patient or group of patients to receive health	1990
care services from that provider;	1991

(b) Advertising that the nurse will waive the payment of all	1992
or any part of a deductible or copayment that a patient, pursuant	1993
to a health insurance or health care policy, contract, or plan	1994
that covers such nursing services, would otherwise be required to	1995
pay.	1996

(25) Failure to comply with the terms and conditions of	1997
participation in the chemical dependency monitoring program	1998
established under section 4723.35 of the Revised Code;	1999

(26) Failure to comply with the terms and conditions required	2000
under the practice intervention and improvement program	2001
established under section 4723.282 of the Revised Code;	2002

(27) In the case of a certified registered nurse anesthetist,	2003
clinical nurse specialist, certified nurse-midwife, or certified	2004
nurse practitioner:	2005

(a) Engaging in activities that exceed those permitted for	2006
the nurse's nursing specialty under section 4723.43 of the Revised	2007
Code;	2008

(b) Failure to meet the quality assurance standards	2009
established under section 4723.07 of the Revised Code.	2010

(28) In the case of a clinical nurse specialist, certified	2011
nurse-midwife, or certified nurse practitioner, failure to	2012
maintain a standard care arrangement in accordance with section	2013
4723.431 of the Revised Code or to practice in accordance with the	2014
standard care arrangement;	2015

(29) In the case of a clinical nurse specialist, certified	2016
nurse-midwife, or certified nurse practitioner who holds a	2017
certificate to prescribe issued under section 4723.48 of the	2018
Revised Code, failure to prescribe drugs and therapeutic devices	2019
in accordance with section 4723.481 of the Revised Code;	2020

(30) Prescribing any drug or device to perform or induce an	2021
abortion, or otherwise performing or inducing an abortion;	2022

(31) Failure to establish and maintain professional	2023
boundaries with a patient, as specified in rules adopted under	2024
section 4723.07 of the Revised Code;	2025

(32) Regardless of whether the contact or verbal behavior is	2026
consensual, engaging with a patient other than the spouse of the	2027
registered nurse, licensed practical nurse, or dialysis technician	2028
in any of the following:	2029

(a) Sexual contact, as defined in section 2907.01 of the	2030
Revised Code;	2031

(b) Verbal behavior that is sexually demeaning to the patient	2032
or may be reasonably interpreted by the patient as sexually	2033
demeaning.	2034

(33) Assisting suicide as defined in section 3795.01 of the	2035
Revised Code.	2036

(C) Disciplinary actions taken by the board under divisions	2037
(A) and (B) of this section shall be taken pursuant to an	2038
adjudication conducted under Chapter 119. of the Revised Code,	2039
except that in lieu of a hearing, the board may enter into a	2040
consent agreement with an individual to resolve an allegation of a	2041
violation of this chapter or any rule adopted under it. A consent	2042
agreement, when ratified by a vote of a quorum, shall constitute	2043
the findings and order of the board with respect to the matter	2044
addressed in the agreement. If the board refuses to ratify a	2045
consent agreement, the admissions and findings contained in the	2046
agreement shall be of no effect.	2047

(D) The hearings of the board shall be conducted in	2048
accordance with Chapter 119. of the Revised Code,and the board	2049
may appoint a hearing examiner, as provided in section 119.09 of	2050
the Revised Code, to conduct any hearing the board is authorized	2051
to hold under Chapter 119. of the Revised Code.	2052

In any instance in which the board is required under Chapter	2053
119. of the Revised Code to give notice of an opportunity for a	2054
hearing and the applicant, licensee, or licensecertificate holder	2055
does not make a timely request for a hearing in accordance with	2056
section 119.07 of the Revised Code, the board is not required to	2057
hold a hearing, but may adopt, by a vote of a quorum, a final	2058
order that contains the board's findings. In the final order, the	2059
board may order any of the sanctions listed in division (A) or (B)	2060
of this section.	2061

(E) If a criminal action is brought against a registered	2062
nurse, licensed practical nurse, or dialysis technician for an act	2063
or crime described in divisions (B)(3) to (7) of this section and	2064
the action is dismissed by the trial court other than on the	2065
merits, the board shall conduct an adjudication to determine	2066
whether the registered nurse, licensed practical nurse, or	2067
dialysis technician committed the act on which the action was	2068
based. If the board determines on the basis of the adjudication	2069
that the registered nurse, licensed practical nurse, or dialysis	2070
technician committed the act, or if the registered nurse, licensed	2071
practical nurse, or dialysis technician fails to participate in	2072
the adjudication, the board may take action as though the	2073
registered nurse, licensed practical nurse, or dialysis technician	2074
had been convicted of the act.	2075

If the board takes action on the basis of a conviction, plea,	2076
or a judicial finding as described in divisions (B)(3) to (7) of	2077
this section that is overturned on appeal, the registered nurse,	2078
licensed practical nurse, or dialysis technician may, on	2079
exhaustion of the appeal process, petition the board for	2080
reconsideration of its action. On receipt of the petition and	2081
supporting court documents, the board shall temporarily rescind	2082
its action. If the board determines that the decision on appeal	2083
was a decision on the merits, it shall permanently rescind its	2084
action. If the board determines that the decision on appeal was	2085
not a decision on the merits, it shall conduct an adjudication to	2086
determine whether the registered nurse, licensed practical nurse,	2087
or dialysis technician committed the act on which the original	2088
conviction, plea, or judicial finding was based. If the board	2089
determines on the basis of the adjudication that the registered	2090
nurse, licensed practical nurse, or dialysis technician committed	2091
such act, or if the registered nurse, licensed practical nurse, or	2092
dialysis technician does not request an adjudication, the board	2093
shall reinstate its action; otherwise, the board shall permanently	2094
rescind its action.	2095

Notwithstanding the provision of division (C)(2) of section	2096
2953.32 of the Revised Code specifying that if records pertaining	2097
to a criminal case are sealed under that section the proceedings	2098
in the case shall be deemed not to have occurred, sealing of the	2099
following records of a conviction on which the board has based an	2100
action under this section shall have no effect on the board's	2101
action or any sanction imposed by the board under this section:	2102
records of any conviction, guilty plea, judicial finding of guilt	2103
resulting from a plea of no contest, or a judicial finding of	2104
eligibility for a pretrial diversion program or intervention in	2105
lieu of conviction.	2106

The board shall not be required to seal, destroy, redact, or	2107
otherwise modify its records to reflect the court's sealing of	2108
conviction records.	2109

(F) The board may investigate an individual's criminal	2110
background in performing its duties under this section. As part of	2111
such investigation, the board may order the individual to submit,	2112
at the individual's expense, a request to the bureau of criminal	2113
identification and investigation for a criminal records check and	2114
check of federal bureau of investigation records in accordance	2115
with the procedure described in section 4723.091 of the Revised	2116
Code.	2117

(G) During the course of an investigation conducted under	2118
this section, the board may compel any registered nurse, licensed	2119
practical nurse, or dialysis technician or applicant under this	2120
chapter to submit to a mental or physical examination, or both, as	2121
required by the board and at the expense of the individual, if the	2122
board finds reason to believe that the individual under	2123
investigation may have a physical or mental impairment that may	2124
affect the individual's ability to provide safe nursing care.	2125
Failure of any individual to submit to a mental or physical	2126
examination when directed constitutes an admission of the	2127
allegations, unless the failure is due to circumstances beyond the	2128
individual's control, and a default and final order may be entered	2129
without the taking of testimony or presentation of evidence.	2130

If the board finds that an individual is impaired, the board	2131
shall require the individual to submit to care, counseling, or	2132
treatment approved or designated by the board, as a condition for	2133
initial, continued, reinstated, or renewed authority to practice.	2134
The individual shall be afforded an opportunity to demonstrate to	2135
the board that the individual can begin or resume the individual's	2136
occupation in compliance with acceptable and prevailing standards	2137
of care under the provisions of the individual's authority to	2138
practice.	2139

For purposes of this division, any registered nurse, licensed	2140
practical nurse, or dialysis technician or applicant under this	2141
chapter shall be deemed to have given consent to submit to a	2142
mental or physical examination when directed to do so in writing	2143
by the board, and to have waived all objections to the	2144
admissibility of testimony or examination reports that constitute	2145
a privileged communication.	2146

(H) The board shall investigate evidence that appears to show	2147
that any person has violated any provision of this chapter or any	2148
rule of the board. Any person may report to the board any	2149
information the person may have that appears to show a violation	2150
of any provision of this chapter or rule of the board. In the	2151
absence of bad faith, any person who reports such information or	2152
who testifies before the board in any adjudication conducted under	2153
Chapter 119. of the Revised Code shall not be liable for civil	2154
damages as a result of the report or testimony.	2155

(I) All of the following apply under this chapter with	2156
respect to the confidentiality of information:	2157

(1) Information received by the board pursuant to a complaint	2158
or an investigation is confidential and not subject to discovery	2159
in any civil action, except that the board may disclose	2160
information to law enforcement officers and government entities	2161
investigatingfor purposes of an investigation of either a	2162
licensed health care professional, including a registered nurse,	2163
licensed practical nurse, or dialysis technician, or a person who	2164
may have engaged in the unauthorized practice of nursing or	2165
dialysis care. No law enforcement officer or government entity	2166
with knowledge of any information disclosed by the board pursuant	2167
to this division shall divulge the information to any other person	2168
or government entity except for the purpose of a government	2169
investigation, a prosecution, or an adjudication by a court or	2170
government entity.	2171

(2) If an investigation requires a review of patient records,	2172
the investigation and proceeding shall be conducted in such a	2173
manner as to protect patient confidentiality.	2174

(3) All adjudications and investigations of the board shall	2175
be considered civil actions for the purposes of section 2305.252	2176
of the Revised Code.	2177

(4) Any board activity that involves continued monitoring of	2178
an individual as part of or following any disciplinary action	2179
taken under this section shall be conducted in a manner that	2180
maintains the individual's confidentiality. Information received	2181
or maintained by the board with respect to the board's monitoring	2182
activities is confidential and not subject to discovery in any	2183
civil action and is confidential, except that the board may	2184
disclose information to law enforcement officers and government	2185
entities for purposes of an investigation of a licensee or	2186
certificate holder.	2187

(J) Any action taken by the board under this section	2188
resulting in a suspension from practice shall be accompanied by a	2189
written statement of the conditions under which the person may be	2190
reinstated to practice.	2191

(K) When the board refuses to grant a license or certificate	2192
to an applicant, revokes a license or certificate, or refuses to	2193
reinstate a license or certificate, the board may specify that its	2194
action is permanent. An individual subject to permanent action	2195
taken by the board is forever ineligible to hold a license or	2196
certificate of the type that was refused or revoked and the board	2197
shall not accept from the individual an application for	2198
reinstatement of the license or certificate or for a new license	2199
or certificate.	2200

(L) No unilateral surrender of a nursing license, certificate	2201
of authority, or dialysis technician certificate issued under this	2202
chapter shall be effective unless accepted by majority vote of the	2203
board. No application for a nursing license, certificate of	2204
authority, or dialysis technician certificate issued under this	2205
chapter may be withdrawn without a majority vote of the board. The	2206
board's jurisdiction to take disciplinary action under this	2207
section is not removed or limited when an individual has a license	2208
or certificate classified as inactive or fails to renew a license	2209
or certificate.	2210

(M) Sanctions shall not be imposed under division (B)(24) of	2211
this section against any licensee who waives deductibles and	2212
copayments as follows:	2213

(1) In compliance with the health benefit plan that expressly	2214
allows such a practice. Waiver of the deductibles or copayments	2215
shall be made only with the full knowledge and consent of the plan	2216
purchaser, payer, and third-party administrator. Documentation of	2217
the consent shall be made available to the board upon request.	2218

(2) For professional services rendered to any other person	2219
licensed pursuant to this chapter to the extent allowed by this	2220
chapter and the rules of the board.	2221

(N)(1) Any person who enters a prelicensure nursing education	2222
program on or after June 1, 2003, and who subsequently applies	2223
under division (A) of section 4723.09 of the Revised Code for	2224
licensure to practice as a registered nurse or as a licensed	2225
practical nurse and any person who applies under division (B) of	2226
that section for license by endorsement to practice nursing as a	2227
registered nurse or as a licensed practical nurse shall submit a	2228
request to the bureau of criminal identification and investigation	2229
for the bureau to conduct a criminal records check of the	2230
applicant and to send the results to the board, in accordance with	2231
section 4723.09 of the Revised Code.	2232

The board shall refuse to grant a license to practice nursing	2233
as a registered nurse or as a licensed practical nurse under	2234
section 4723.09 of the Revised Code to a person who entered a	2235
prelicensure nursing education program on or after June 1, 2003,	2236
and applied under division (A) of section 4723.09 of the Revised	2237
Code for the license or a person who applied under division (B) of	2238
that section for the license, if the criminal records check	2239
performed in accordance with division (C) of that section	2240
indicates that the person has pleaded guilty to, been convicted	2241
of, or has had a judicial finding of guilt for violating section	2242
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	2243
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	2244
substantially similar law of another state, the United States, or	2245
another country.	2246

(2) Any person who enters a dialysis training program on or	2247
after June 1, 2003, and who subsequently applies for a certificate	2248
to practice as a dialysis technician shall submit a request to the	2249
bureau of criminal identification and investigation for the bureau	2250
to conduct a criminal records check of the applicant and to send	2251
the results to the board, in accordance with section 4723.75 of	2252
the Revised Code.	2253

The board shall refuse to issue a certificate to practice as	2254
a dialysis technician under section 4723.75 of the Revised Code to	2255
a person who entered a dialysis training program on or after June	2256
1, 2003, and whose criminal records check performed in accordance	2257
with division (C) of that section indicates that the person has	2258
pleaded guilty to, been convicted of, or has had a judicial	2259
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	2260
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	2261
2911.11 of the Revised Code or a substantially similar law of	2262
another state, the United States, or another country.	2263

Sec. 4723.32.  This chapter does not prohibit any of the	2264
following:	2265

(A) The practice of nursing by a student currently enrolled	2266
in and actively pursuing completion of a prelicensure nursing	2267
education program, if all of the following are the case:	2268

(1) The student is participating in a program located in this	2269
state and approved by the board of nursing or participating in	2270
this state in a component of a program located in another	2271
jurisdiction and approved by a board that is a member of the	2272
national council of state boards of nursing;	2273

(2) The student's practice is under the auspices of the	2274
program;	2275

(3) The student acts under the supervision of a registered	2276
nurse serving for the program as a faculty member or teaching	2277
assistant.	2278

(B) The rendering of medical assistance to a licensed	2279
physician, licensed dentist, or licensed podiatrist by a person	2280
under the direction, supervision, and control of such licensed	2281
physician, dentist, or podiatrist;	2282

(C) The activities of persons employed as nursing aides,	2283
attendants, orderlies, or other auxiliary workers in patient	2284
homes, nurseries, nursing homes, hospitals, home health agencies,	2285
or other similar institutions;	2286

(D) The provision of nursing services to family members or in	2287
emergency situations;	2288

(E) The care of the sick when done in connection with the	2289
practice of religious tenets of any church and by or for its	2290
members;	2291

(F) The practice of nursing as a certified registered nurse	2292
anesthetist, clinical nurse specialist, certified nurse-midwife,	2293
or certified nurse practitioner by a student currently enrolled in	2294
and actively pursuing completion of a program of study leading to	2295
initial authorization by the board of nursing to practice nursing	2296
in the specialty, if all of the following are the case:	2297

(1) The program qualifies the student to sit for the	2298
examination of a national certifying organization listed in	2299
division (A)(3) of section 4723.41 of the Revised Code or approved	2300
by the board under section 4723.46 of the Revised Code or the	2301
program prepares the student to receive a master's degree in	2302
accordance with division (A)(2) of section 4723.41 of the Revised	2303
Code;	2304

(2) The student's practice is under the auspices of the	2305
program;	2306

(3) The student acts under the supervision of a registered	2307
nurse serving for the program as a faculty member, teaching	2308
assistant, or preceptor.	2309

(G) The activities of an individual who currently holds a	2310
license to practice nursing in another jurisdiction, if the	2311
individual's license has not been revoked, the individual is not	2312
currently under suspension or on probation, the individual does	2313
not represent the individual as being licensed under this chapter,	2314
and one of the following is the case:	2315

(1) The individual is engaging in the practice of nursing by	2316
discharging official duties while employed by or under contract	2317
with the United States government or any agency thereof;	2318

(2) The individual is engaging in the practice of nursing as	2319
an employee of an individual, agency, or corporation located in	2320
the other jurisdiction in a position with employment	2321
responsibilities that include transporting patients into, out of,	2322
or through this state, as long as each trip in this state does not	2323
exceed seventy-two hours;	2324

(3) The individual is consulting with an individual licensed	2325
in this state to practice any health-related profession;	2326

(4) The individual is engaging in activities associated with	2327
teaching in this state as a guest lecturer at or for a nursing	2328
education program, continuing nursing education program, or	2329
in-service presentation;	2330

(5) The individual is conducting evaluations of nursing care	2331
that are undertaken on behalf of an accrediting organization,	2332
including the national league for nursing accrediting committee,	2333
the joint commission on accreditation of healthcare organizations,	2334
or any other nationally recognized accrediting organization;	2335

(6) The individual is providing nursing care to an individual	2336
who is in this state on a temporary basis, not to exceed six	2337
months in any one calendar year, if the nurse is directly employed	2338
by or under contract with the individual or a guardian or other	2339
person acting on the individual's behalf;	2340

(7) The individual is providing nursing care during any	2341
disaster, natural or otherwise, that has been officially declared	2342
to be a disaster by a public announcement issued by an appropriate	2343
federal, state, county, or municipal official.	2344

(H) The administration of medication by an individual who	2345
holds a valid medication aide certificate issued under this	2346
chapter, if the medication is administered to a resident of a	2347
nursing home or residential care facility authorized by section	2348
4723.63 or 4723.64 of the Revised Code to use a certified	2349
medication aide and the medication is administered in accordance	2350
with section 4723.67 of the Revised Code.	2351

Sec. 4723.34.  (A) Reports to the board of nursing shall be	2352
made as follows:	2353

(1) Every employer ofA person or governmental entity that	2354
employs, or contracts directly or through another person or	2355
governmental entity for the provision of services by, registered	2356
nurses, licensed practical nurses, or dialysis technicians,	2357
medication aides, or certified community health workers and that	2358
knows or has reason to believe that a current or former employee	2359
or person providing services under a contract who holds a license	2360
or certificate issued under this chapter engaged in conduct that	2361
would be grounds for disciplinary action by the board of nursing	2362
under this chapter or rules adopted under it shall report to the	2363
board of nursing the name of anysuch current or former employee	2364
who holds a nursing license or dialysis technician certificate	2365
issued under this chapter who has engaged in conduct that would be	2366
grounds for disciplinary action by the board under section 4723.28	2367
of the Revised Codeor person providing services under a contract.	2368
The report shall be made on the person's or governmental entity's	2369
behalf by an individual licensed by the board who the person or	2370
governmental entity has designated to make such reports.	2371

Every employer of certified community health workers shall	2372
report to the board the name of any current or former employee who	2373
holds a community health worker certificate issued under this	2374
chapter who has engaged in conduct that would be grounds for	2375
disciplinary action by the board under section 4723.86 of the	2376
Revised Code.	2377

Every employer of medication aides shall report to the board	2378
the name of any current or former employee who holds a medication	2379
aide certificate issued under this chapter who has engaged in	2380
conduct that would be grounds for disciplinary action by the board	2381
under section 4723.652 of the Revised Code.	2382

(2) Nursing associations shall report to the board the name	2383
of any registered nurse or licensed practical nurse and dialysis	2384
technician associations shall report to the board the name of any	2385
dialysis technician who has been investigated and found to	2386
constitute a danger to the public health, safety, and welfare	2387
because of conduct that would be grounds for disciplinary action	2388
by the board under section 4723.28 of the Revised Code, except	2389
that an association is not required to report the individual's	2390
name if the individual is maintaining satisfactory participation	2391
in a peer support program approved by the board under rules	2392
adopted under section 4723.07 of the Revised Code.	2393

Community health worker associations shall report to the	2394
board the name of any certified community health worker who has	2395
been investigated and found to constitute a danger to the public	2396
health, safety, and welfare because of conduct that would be	2397
grounds for disciplinary action by the board under section 4723.86	2398
of the Revised Code, except that an association is not required to	2399
report the individual's name if the individual is maintaining	2400
satisfactory participation in a peer support program approved by	2401
the board under rules adopted under section 4723.07 of the Revised	2402
Code.	2403

Medication aide associations shall report to the board the	2404
name of any medication aide who has been investigated and found to	2405
constitute a danger to the public health, safety, and welfare	2406
because of conduct that would be grounds for disciplinary action	2407
by the board under section 4723.652 of the Revised Code, except	2408
that an association is not required to report the individual's	2409
name if the individual is maintaining satisfactory participation	2410
in a peer support program approved by the board under rules	2411
adopted under section 4723.69 of the Revised Code.	2412

(3) If theA prosecutor in a case described in divisions	2413
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a case	2414
where the trial court issued an order of dismissal upon technical	2415
or procedural grounds of a charge of a misdemeanor committed in	2416
the course of practice, a felony charge, or a charge of gross	2417
immorality or moral turpitude, who knows or has reason to believe	2418
that the person charged is licensed under this chapter to practice	2419
nursing as a registered nurse or as a licensed practical nurse or	2420
holds a certificate issued under this chapter to practice as a	2421
dialysis technician, the prosecutor shall notify the board of	2422
nursing of the charge. With regard to certified community health	2423
workers and medication aides, if the prosecutor in a case	2424
involving a charge of a misdemeanor committed in the course of	2425
employment, a felony charge, or a charge of gross immorality or	2426
moral turpitude, including a case dismissed on technical or	2427
procedural grounds, who knows or has reason to believe that the	2428
person charged holds a community health worker or medication aide	2429
certificate issued under this chapter, the prosecutor shall notify	2430
the board of the charge.	2431

Each notification required by this divisionfrom a prosecutor	2432
shall be made on forms prescribed and provided by the board. The	2433
report shall include the name and address of the license or	2434
certificate holder, the charge, and the certified court documents	2435
recording the action.	2436

(B) If any person or governmental entity fails to provide a	2437
report required by this section, the board may seek an order from	2438
a court of competent jurisdiction compelling submission of the	2439
report.	2440

Sec. 4723.35.  (A) As used in this section, "chemical	2441
dependency" means either of the following:	2442

(1) The chronic and habitual use of alcoholic beverages to	2443
the extent that the user no longer can control the use of alcohol	2444
or endangers the user's health, safety, or welfare or that of	2445
others;	2446

(2) The use of a controlled substance as defined in section	2447
3719.01 of the Revised Code, a harmful intoxicant as defined in	2448
section 2925.01 of the Revised Code, or a dangerous drug as	2449
defined in section 4729.01 of the Revised Code, to the extent that	2450
the user becomes physically or psychologically dependent on the	2451
substance, intoxicant, or drug or endangers the user's health,	2452
safety, or welfare or that of others.	2453

(B) The board of nursing may abstain from taking disciplinary	2454
action under section 4723.28 or 4723.86 of the Revised Code	2455
against an individual with a chemical dependency if it finds that	2456
the individual can be treated effectively and there is no	2457
impairment of the individual's ability to practice according to	2458
acceptable and prevailing standards of safe care. The board shall	2459
establish a chemical dependency monitoring program to monitor the	2460
registered nurses, licensed practical nurses, dialysis	2461
technicians, and certified community health workers against whom	2462
the board has abstained from taking action. The board shall	2463
develop the program, select the program's name, and designate a	2464
coordinator to administer the program.	2465

(C) Determinations regarding an individual's eligibility for	2466
admission to, continued participation in, and successful	2467
completion of the monitoring program shall be made by the board's	2468
supervising member for disciplinary matters in accordance with	2469
rules adopted under division (D) of this section.	2470

(D) The board shall adopt rules in accordance with Chapter	2471
119. of the Revised Code that establish the following:	2472

(1) Eligibility requirements for admission to and continued	2473
participation in the monitoring program;	2474

(2) Terms and conditions that must be met to participate in	2475
and successfully complete the program;	2476

(3) Procedures for keeping confidential records regarding	2477
participants;	2478

(4) Any other requirements or procedures necessary to	2479
establish and administer the program.	2480

(D)(E)(1) As a condition of being admitted to the monitoring	2481
program, an individual shall surrender to the program coordinator	2482
the license or certificate that the individual holds. While the	2483
surrender is in effect, the individual is prohibited from engaging	2484
in the practice of nursing, engaging in the provision of dialysis	2485
care, or engaging in the provision of services that were being	2486
provided as a certified community health worker.	2487

If the program coordinatorboard's supervising member for	2488
disciplinary matters determines that a participant is capable of	2489
resuming practice according to acceptable and prevailing standards	2490
of safe care, the program coordinator shall return the	2491
participant's license or certificate. If the participant violates	2492
the terms and conditions of resumed practice, the program	2493
coordinator shall require the participant to surrender the license	2494
or certificate as a condition of continued participation in the	2495
program. The coordinator may require the surrender only on the	2496
approval of the board's supervising member for disciplinary	2497
matters.	2498

The surrender of a license or certificate on admission to the	2499
monitoring program or while participating in the program does not	2500
constitute an action by the board under section 4723.28 or 4723.86	2501
of the Revised Code. The participant may rescind the surrender at	2502
any time and the board may proceed by taking action under section	2503
4723.28 or 4723.86 of the Revised Code.	2504

(2) If the program coordinator determines that a participant	2505
is significantly out of compliance with the terms and conditions	2506
for participation, the coordinator shall notify the board's	2507
supervising member for disciplinary matters and the supervising	2508
member shall determine whether to temporarily suspend the	2509
participant's license or certificate. The program coordinator	2510
board shall notify the participant of the suspension by certified	2511
mail sent to the participant's last known address and shall refer	2512
the matter to the board for formal action under section 4723.28 or	2513
4723.86 of the Revised Code.	2514

(E)(F) All of the following apply with respect to the	2515
receipt, release, and maintenance of records and information by	2516
the monitoring program:	2517

(1) The program coordinator shall maintain all program	2518
records in the board's office, and for each participant, shall	2519
retain the records for a period of fivetwo years following the	2520
participant's date of successful completion of the program.	2521

(2) When applying to participate in the monitoring program,	2522
the applicant shall sign a waiver permitting the program	2523
coordinatorboard to receive and release information necessary for	2524
the coordinator to determine whether the individual is eligible	2525
for admission. After being admitted, the participant shall sign a	2526
waiver permitting the program coordinatorboard to receive and	2527
release information necessary to determine whether the individual	2528
is eligible for continued participation in the program.	2529
Information that may be necessary for the program coordinator	2530
board's supervising member for disciplinary matters to determine	2531
eligibility for admission or continued participation in the	2532
monitoring program includes, but is not limited to, information	2533
provided to and by employers, probation officers, law enforcement	2534
agencies, peer assistance programs, health professionals, and	2535
treatment providers. No entity with knowledge that the information	2536
has been provided to the monitoring program shall divulge that	2537
knowledge to any other person.	2538

(3) Except as provided in division (E)(F)(4) of this section,	2539
all records pertaining to an individual's application for or	2540
participation in the monitoring program, including medical	2541
records, treatment records, and mental health records, shall be	2542
confidential. The records are not public records for the purposes	2543
of section 149.43 of the Revised Code and are not subject to	2544
discovery by subpoena or admissible as evidence in any judicial	2545
proceeding.	2546

(4) The program coordinatorboard may disclose information	2547
regarding a participant's progress in the program to any person or	2548
government entity that the participant authorizes in writing to be	2549
given the information. In disclosing information under this	2550
division, the coordinatorboard shall not include any information	2551
that is protected under section 3793.13 of the Revised Code or any	2552
federal statute or regulation that provides for the	2553
confidentiality of medical, mental health, or substance abuse	2554
records.	2555

(F)(G) In the absence of fraud or bad faith, the program	2556
coordinator, the board of nursing, and the board's employees and	2557
representativesas a whole, its individual members, and its	2558
employees and representatives are not liable for damages in any	2559
civil action as a result of disclosing information in accordance	2560
with division (E)(F)(4) of this section. In the absence of fraud	2561
or bad faith, any person reporting to the program with regard to	2562
an individual's chemical dependence, or the progress or lack of	2563
progress of that individual with regard to treatment, is not	2564
liable for damages in any civil action as a result of the report.	2565

Sec. 4723.41.  (A) Each person who desires to practice	2566
nursing as a certified nurse-midwife and has not been authorized	2567
to practice midwifery prior to December 1, 1967, and each person	2568
who desires to practice nursing as a certified registered nurse	2569
anesthetist, clinical nurse specialist, or certified nurse	2570
practitioner shall file with the board of nursing a written	2571
application for authorization to practice nursing in the desired	2572
specialty, under oath, on a form prescribed by the board.	2573

Except as provided in divisionsdivision (B), (C), and (D) of	2574
this section, at the time of making application, the applicant	2575
shall meet all of the following requirements:	2576

(1) Be a registered nurse;

2577

(2) Submit documentation satisfactory to the board that the	2578
applicant has earned a graduate degree with a major in a nursing	2579
specialty or in a related field that qualifies the applicant to	2580
sit for the certification examination of a national certifying	2581
organization listed in division (A)(3) of this section or approved	2582
by the board under section 4723.46 of the Revised Code;	2583

(3) Submit documentation satisfactory to the board of having	2584
passed the certification examination of one of the following:	2585

(a) If the applicant is applying to practice nursing as a	2586
certified nurse-midwife, the American college of nurse-midwives or	2587
another national certifying organization approved by the board	2588
under section 4723.46 of the Revised Code to examine and certify	2589
nurse-midwives;	2590

(b) If the applicant is applying to practice nursing as a	2591
certified registered nurse anesthetist, the national council on	2592
certification of nurse anesthetists of the American association of	2593
nurse anesthetists, the national council on recertification of	2594
nurse anesthetists of the American association of nurse	2595
anesthetists, or another national certifying organization approved	2596
by the board under section 4723.46 of the Revised Code to examine	2597
and certify registered nurse anesthetists;	2598

(c) If the applicant is applying to practice nursing as a	2599
clinical nurse specialist, the American nurses credentialing	2600
center or another national certifying organization approved by the	2601
board under section 4723.46 of the Revised Code to examine and	2602
certify clinical nurse specialists;	2603

(d) If the applicant is applying to practice nursing as a	2604
certified nurse practitioner, the American nurses credentialing	2605
center, the national certification corporation, the national board	2606
of pediatric nurse practitioners and associates, or anothera	2607
national certifying organization approved by the board under	2608
section 4723.46 of the Revised Code to examine and certify, as	2609
applicable, nurse-midwives, registered nurse anesthetists,	2610
clinical nurse specialists, or nurse practitioners.;	2611

(4) Submit an affidavit with the application that states all	2612
of the following:	2613

(a) That the applicant is the person named in the documents	2614
submitted under divisions (A)(2) and (3) of this section and is	2615
the lawful possessor thereof;	2616

(b) The applicant's age, residence, the school at which the	2617
applicant obtained education in the applicant's nursing specialty,	2618
and any other facts that the board requires;	2619

(c) If the applicant is already engaged in the practice of	2620
nursing as a certified registered nurse anesthetist, clinical	2621
nurse specialist, certified nurse-midwife, or certified nurse	2622
practitioner, the period during which and the place where the	2623
applicant is engaged;	2624

(d) If the applicant is already engaged in the practice of	2625
nursing as a clinical nurse specialist, certified nurse-midwife,	2626
or certified nurse practitioner, the names and business addresses	2627
of the applicant's current collaborating physicians and	2628
podiatrists. If the applicant is not yet engaged in the practice	2629
of nursing as a clinical nurse specialist, certified	2630
nurse-midwife, or certified nurse practitioner, the applicant	2631
shall submit the names and business addresses of the applicant's	2632
collaborating physicians or podiatrists not later than thirty days	2633
after first engaging in the practice. The applicant shall give	2634
written notice to the board of any additions or deletions to the	2635
affidavit of collaborating physicians or podiatrists not later	2636
than thirty days after the change takes effect.	2637

(B) On or before December 31, 2000, the board shall issue to	2638
an applicant a certificate of authority to practice nursing as a	2639
certified registered nurse anesthetist, certified nurse-midwife,	2640
or certified nurse practitioner if the applicant complies with all	2641
requirements of this section, other than the requirement that the	2642
applicant has earned a graduate degree with a major in a nursing	2643
specialty or in a related field that qualifies the applicant to	2644
sit for the certification examination of a national certifying	2645
organization listed in division (A)(3) of this section or approved	2646
by the board under section 4723.46 of the Revised Code.	2647

(C) On or before December 31, 2000, the board shall issue to	2648
an applicant a certificate of authority to practice nursing as a	2649
clinical nurse specialist if one of the following applies:	2650

(1) The applicant holds a graduate degree with a major in a	2651
clinical area of nursing from an educational institution	2652
accredited by a national or regional accrediting organization and	2653
complies with all requirements of this section, other than the	2654
requirement of having passed a certification examination.	2655

(2) The applicant holds a graduate degree in nursing or a	2656
related field and is certified as a clinical nurse specialist by	2657
the American nurses credentialing center or another national	2658
certifying organization approved by the board under section	2659
4723.46 of the Revised Code.	2660

(D) On or before December 31, 2008, the board shall issue to	2661
an applicant a certificate of authority to practice nursing as a	2662
certified nurse practitioner if the applicant has successfully	2663
completed a nurse practitioner certificate program that receives	2664
funding under and is employed by a public agency or a private,	2665
nonprofit entity that receives funding under Title X of the	2666
"Public Health Service Act," 42 U.S.C. 300 and 300a-1 (1991), and	2667
complies with all requirements of this section, other than the	2668
requirement that the applicant has earned a graduate degree with a	2669
major in a nursing specialty or a related field.	2670

(E)(B)(1) A certified registered nurse anesthetist, clinical	2671
nurse specialist, certified nurse-midwife, or certified nurse	2672
practitioner who is practicing as such in another jurisdiction may	2673
apply for a certificate of authority to practice nursing as a	2674
certified registered nurse anesthetist, clinical nurse specialist,	2675
certified nurse-midwife, or certified nurse practitioner in this	2676
state if the nurse meets the requirements for a certificate of	2677
authority set forth in division (A) of this section or division	2678
(B)(2) of this section. The	2679

(2) If an applicant practicing in another jurisdiction	2680
applies for a certificate of authority under division (B)(2) of	2681
this section, the application shall be submitted to the board in	2682
the form prescribed by rules of the board and be accompanied by	2683
the application fee required by section 4723.08 of the Revised	2684
Code. The application shall include evidence that the applicant	2685
meets the requirements of division (B)(2) of this section, holds a	2686
license or certificate to practice nursing as a certified	2687
registered nurse anesthetist, clinical nurse specialist, certified	2688
nurse-midwife, or certified nurse practitioner in good standing in	2689
another jurisdiction granted after meeting requirements approved	2690
by the entity of that jurisdiction that licenses nurses, and other	2691
information required by rules of the board of nursing.	2692

IfWith respect to the educational requirements and national	2693
certification requirements that an applicant under division (B)(2)	2694
of this section must meet, both of the following apply:	2695

(a) If the applicant is a certified registered nurse	2696
anesthetist, certified nurse-midwife, or certified nurse	2697
practitioner who, on or before December 31, 2000, met the	2698
requirements of this section to practice as such and has	2699
maintainedobtained certification in the applicant's nursing	2700
specialty with a national certifying organization listed in	2701
division (A)(3) of section 4723.41 of the Revised Code as that	2702
division existed prior to the effective date of this amendment or	2703
that was at that time approved by the board under section 4723.46	2704
of the Revised Code, division (B) of this section shall applythe	2705
applicant must have maintained the certification. The applicant is	2706
not required to have earned a graduate degree with a major in a	2707
nursing specialty or in a related field that qualifies the	2708
applicant to sit for the certification examination.	2709

(b) If the applicant is a clinical nurse specialist who, on	2710
or before December 31, 2000, met the requirements of this section	2711
to practice as such, division (C) of this section shall applyone	2712
of the following must apply to the applicant:	2713

(i) On or before December 31, 2000, the applicant obtained a	2714
graduate degree with a major in a clinical area of nursing from an	2715
educational institution accredited by a national or regional	2716
accrediting organization. The applicant is not required to have	2717
passed a certification examination.	2718

(ii) On or before December 31, 2000, the applicant obtained a	2719
graduate degree in nursing or a related field and was certified as	2720
a clinical nurse specialist by the American nurses credentialing	2721
center or another national certifying organization that was at	2722
that time approved by the board under section 4723.46 of the	2723
Revised Code.	2724

Sec. 4723.42.  (A) If the applicant for authorization to	2725
practice nursing as a certified registered nurse anesthetist,	2726
clinical nurse specialist, certified nurse-midwife, or certified	2727
nurse practitioner has met all the requirements of section 4723.41	2728
of the Revised Code and has paid the fee required by section	2729
4723.08 of the Revised Code, the board of nursing shall issue its	2730
certificate of authority to practice nursing as a certified	2731
registered nurse anesthetist, clinical nurse specialist, certified	2732
nurse-midwife, or certified nurse practitioner, which shall	2733
designate the nursing specialty the nurse is authorized to	2734
practice. The certificate entitles its holder to practice nursing	2735
in the specialty designated on the certificate.	2736

The board shall issue or deny its certificate not later than	2737
sixty days after receiving all of the documents required by	2738
section 4723.41 of the Revised Code.	2739

If an applicant is under investigation for a violation of	2740
this chapter, the board shall conclude the investigation not later	2741
than ninety days after receipt of all required documents, unless	2742
this ninety-day period is extended by written consent of the	2743
applicant, or unless the board determines that a substantial	2744
question of such a violation exists and the board has notified the	2745
applicant in writing of the reasons for the continuation of the	2746
investigation. If the board determines that the applicant has not	2747
violated this chapter, it shall issue a certificate not later than	2748
forty-five days after making that determination.	2749

(B) Authorization to practice nursing as a certified	2750
registered nurse anesthetist, clinical nurse specialist, certified	2751
nurse-midwife, or certified nurse practitioner shall be renewed	2752
biennially according to rules and a schedule adopted by the board.	2753
In providing renewal applications to certificate holders, the	2754
board shall follow the procedures it follows under section 4723.24	2755
of the Revised Code in providing renewal applications to license	2756
holders. Failure of the certificate holder to receive an	2757
application for renewal from the board does not excuse the holder	2758
from the requirements of section 4723.44 of the Revised Code.	2759

Not later than the date specified by the board, the holder	2760
shall complete the renewal form and return it to the board with	2761
all of the following:	2762

(1) The renewal fee required by section 4723.08 of the	2763
Revised Code;	2764

(2) Except as provided in division (C) of this section,	2765
documentationDocumentation satisfactory to the board that the	2766
holder has maintained certification in the nursing specialty with	2767
a national certifying organization listed in division (A)(3) of	2768
section 4723.41 of the Revised Code or approved by the board under	2769
section 4723.46 of the Revised Code;	2770

(3) A list of the names and business addresses of the	2771
holder's current collaborating physicians and podiatrists, if the	2772
holder is a clinical nurse specialist, certified nurse-midwife, or	2773
certified nurse practitioner;	2774

(4) If the holder's certificate was issued under division (C)	2775
of section 4723.41 of the Revised Code, as that division existed	2776
at any time before the effective date of this amendment,	2777
documentation satisfactory to the board that the holder has	2778
completed continuing education for a clinical nurse specialist as	2779
required by rule of the board;	2780

(5) If the holder's certificate was issued under division (D)	2781
of section 4723.41 of the Revised Code, documentation satisfactory	2782
to the board that the holder has continued employment by a public	2783
agency or a private, nonprofit entity that receives funding under	2784
Title X of the "Public Health Service Act," 42 U.S.C. 300 and	2785
300a-1 (1991).	2786

On receipt of the renewal application, fees, and documents,	2787
the board shall verify that the applicant holds a current license	2788
to practice nursing as a registered nurse in this state, and, if	2789
it so verifies, shall renew the certificate. If an applicant	2790
submits the completed renewal application after the date specified	2791
in the board's schedule, but before the expiration of the	2792
certificate, the board shall grant a renewal when the late renewal	2793
fee required by section 4723.08 of the Revised Code is paid.	2794

An applicant for reinstatement of an expired certificate	2795
shall submit the reinstatement fee, renewal fee, and late renewal	2796
fee required by section 4723.08 of the Revised Code. Any holder of	2797
a certificate who desires inactive status shall give the board	2798
written notice to that effect.	2799

(C) The board shall renew a certificate of authority to	2800
practice nursing as a clinical nurse specialist issued pursuant to	2801
division (C) of section 4723.41 of the Revised Code, if the	2802
certificate holder complies with all renewal requirements of this	2803
section other than the requirement of having maintained	2804
certification in the holder's nursing specialty.	2805

Sec. 4723.43.  A certified registered nurse anesthetist,	2806
clinical nurse specialist, certified nurse-midwife, or certified	2807
nurse practitioner may provide to individuals and groups nursing	2808
care that requires knowledge and skill obtained from advanced	2809
formal education and clinical experience. In this capacity as an	2810
advanced practice registered nurse, a certified nurse-midwife is	2811
subject to division (A) of this section, a certified registered	2812
nurse anesthetist is subject to division (B) of this section, a	2813
certified nurse practitioner is subject to division (C) of this	2814
section, and a clinical nurse specialist is subject to division	2815
(D) of this section.	2816

(A) A nurse authorized to practice as a certified	2817
nurse-midwife, in collaboration with one or more physicians, may	2818
provide the management of preventive services and those primary	2819
care services necessary to provide health care to women	2820
antepartally, intrapartally, postpartally, and gynecologically,	2821
consistent with the nurse's education and certification, and in	2822
accordance with rules adopted by the board of nursing.	2823

No certified nurse-midwife may perform version, deliver	2824
breech or face presentation, use forceps, do any obstetric	2825
operation, or treat any other abnormal condition, except in	2826
emergencies. Division (A) of this section does not prohibit a	2827
certified nurse-midwife from performing episiotomies or normal	2828
vaginal deliveries, or repairing vaginal tears. A certified	2829
nurse-midwife who holds a certificate to prescribe issued under	2830
section 4723.48 of the Revised Code may, in collaboration with one	2831
or more physicians, prescribe drugs and therapeutic devices in	2832
accordance with section 4723.481 of the Revised Code.	2833

(B) A nurse authorized to practice as a certified registered	2834
nurse anesthetist, with the supervision and in the immediate	2835
presence of a physician, podiatrist, or dentist, may administer	2836
anesthesia and perform anesthesia induction, maintenance, and	2837
emergence, and may perform with supervision preanesthetic	2838
preparation and evaluation, postanesthesia care, and clinical	2839
support functions, consistent with the nurse's education and	2840
certification, and in accordance with rules adopted by the board.	2841
A certified registered nurse anesthetist is not required to obtain	2842
a certificate to prescribe in order to provide the anesthesia care	2843
described in this division.	2844

The physician, podiatrist, or dentist supervising a certified	2845
registered nurse anesthetist must be actively engaged in practice	2846
in this state. When a certified registered nurse anesthetist is	2847
supervised by a podiatrist, the nurse's scope of practice is	2848
limited to the anesthesia procedures that the podiatrist has the	2849
authority under section 4731.51 of the Revised Code to perform. A	2850
certified registered nurse anesthetist may not administer general	2851
anesthesia under the supervision of a podiatrist in a podiatrist's	2852
office. When a certified registered nurse anesthetist is	2853
supervised by a dentist, the nurse's scope of practice is limited	2854
to the anesthesia procedures that the dentist has the authority	2855
under Chapter 4715. of the Revised Code to perform.	2856

(C) A nurse authorized to practice as a certified nurse	2857
practitioner, in collaboration with one or more physicians or	2858
podiatrists, may provide preventive and primary care services and	2859
evaluate and promote patient wellness within the nurse's nursing	2860
specialty, consistent with the nurse's education and	2861
certification, and in accordance with rules adopted by the board.	2862
A certified nurse practitioner who holds a certificate to	2863
prescribe issued under section 4723.48 of the Revised Code may, in	2864
collaboration with one or more physicians or podiatrists,	2865
prescribe drugs and therapeutic devices in accordance with section	2866
4723.481 of the Revised Code.	2867

When a certified nurse practitioner is collaborating with a	2868
podiatrist, the nurse's scope of practice is limited to the	2869
procedures that the podiatrist has the authority under section	2870
4731.51 of the Revised Code to perform.	2871

(D) A nurse authorized to practice as a clinical nurse	2872
specialist, in collaboration with one or more physicians or	2873
podiatrists, may provide and manage the care of individuals and	2874
groups with complex health problems and provide health care	2875
services that promote, improve, and manage health care within the	2876
nurse's nursing specialty, consistent with the nurse's education	2877
and in accordance with rules adopted by the board. A clinical	2878
nurse specialist who holds a certificate to prescribe issued under	2879
section 4723.48 of the Revised Code may, in collaboration with one	2880
or more physicians or podiatrists, prescribe drugs and therapeutic	2881
devices in accordance with section 4723.481 of the Revised Code.	2882

When a clinical nurse specialist is collaborating with a	2883
podiatrist, the nurse's scope of practice is limited to the	2884
procedures that the podiatrist has the authority under section	2885
4731.51 of the Revised Code to perform.	2886

Sec. 4723.431.  (A) Except as provided in division (D)(1) of	2887
this section, a clinical nurse specialist, certified	2888
nurse-midwife, or certified nurse practitioner may practice only	2889
in accordance with a standard care arrangement entered into with	2890
each physician or podiatrist with whom the nurse collaborates. A	2891
copy of the standard care arrangement shall be retained on file at	2892
each site where the nurse practices. Prior approval of the	2893
standard care arrangement by the board of nursing is not required,	2894
but the board may periodically review it for compliance with this	2895
section.	2896

A clinical nurse specialist, certified nurse-midwife, or	2897
certified nurse practitioner may enter into a standard care	2898
arrangement with one or more collaborating physicians or	2899
podiatrists. EachNot later than thirty days after first engaging	2900
in the practice of nursing as a clinical nurse specialist,	2901
certified nurse-midwife, or certified nurse practitioner, the	2902
nurse shall submit to the board the name and business address of	2903
each collaborating physician or podiatrist. Thereafter, the nurse	2904
shall give to the board written notice of any additions or	2905
deletions to the nurse's collaborating physicians or podiatrists	2906
not later than thirty days after the change takes effect.	2907

Each collaborating physician or podiatrist must be actively	2908
engaged in direct clinical practice in this state and practicing	2909
in a specialty that is the same as or similar to the nurse's	2910
nursing specialty. If a collaborating physician or podiatrist	2911
enters into standard care arrangements with more than three nurses	2912
who hold certificates to prescribe issued under section 4723.48 of	2913
the Revised Code, the physician or podiatrist shall not	2914
collaborate at the same time with more than three of the nurses in	2915
the prescribing component of their practices.	2916

(B) A standard care arrangement shall be in writing and,	2917
except as provided in division (D)(2) of this section, shall	2918
contain all of the following:	2919

(1) Criteria for referral of a patient by the clinical nurse	2920
specialist, certified nurse-midwife, or certified nurse	2921
practitioner to a collaborating physician or podiatrist;	2922

(2) A process for the clinical nurse specialist, certified	2923
nurse-midwife, or certified nurse practitioner to obtain a	2924
consultation with a collaborating physician or podiatrist;	2925

(3) A plan for coverage in instances of emergency or planned	2926
absences of either the clinical nurse specialist, certified	2927
nurse-midwife, or certified nurse practitioner or a collaborating	2928
physician or podiatrist that provides the means whereby a	2929
physician or podiatrist is available for emergency care;	2930

(4) The process for resolution of disagreements regarding	2931
matters of patient management between the clinical nurse	2932
specialist, certified nurse-midwife, or certified nurse	2933
practitioner and a collaborating physician or podiatrist;	2934

(5) A procedure for a regular review of the referrals by the	2935
clinical nurse specialist, certified nurse-midwife, or certified	2936
nurse practitioner to other health care professionals and the care	2937
outcomes for a random sample of all patients seen by the nurse;	2938

(6) If the clinical nurse specialist or certified nurse	2939
practitioner regularly provides services to infants, a policy for	2940
care of infants up to age one and recommendations for	2941
collaborating physician visits for children from birth to age	2942
three;	2943

(7) Any other criteria required by rule of the board adopted	2944
pursuant to section 4723.07 or 4723.50 of the Revised Code.	2945

(C) A standard care arrangement entered into pursuant to this	2946
section may permit a clinical nurse specialist, certified	2947
nurse-midwife, or certified nurse practitioner to supervise	2948
services provided by a home health agency as defined in section	2949
3701.881 of the Revised Code.	2950

(D)(1) A clinical nurse specialist who does not hold a	2951
certificate to prescribe and whose nursing specialty is mental	2952
health or psychiatric mental health, as determined by the board,	2953
is not required to enter into a standard care arrangement, but	2954
shall practice in collaboration with one or more physicians.	2955

(2) If a clinical nurse specialist practicing in either of	2956
the specialties specified in division (D)(1) of this section holds	2957
a certificate to prescribe, the nurse shall enter into a standard	2958
care arrangement with one or more physicians. The standard care	2959
arrangement must meet the requirements of division (B) of this	2960
section, but only to the extent necessary to address the	2961
prescribing component of the nurse's practice.	2962

(E) Nothing in this section prohibits a hospital from hiring	2963
a clinical nurse specialist, certified nurse-midwife, or certified	2964
nurse practitioner as an employee and negotiating standard care	2965
arrangements on behalf of the employee as necessary to meet the	2966
requirements of this section. A standard care arrangement between	2967
the hospital's employee and the employee's collaborating physician	2968
is subject to approval by the medical staff and governing body of	2969
the hospital prior to implementation of the arrangement at the	2970
hospital.	2971

Sec. 4723.44.  (A) No person shall do any of the following	2972
unless the person holds a current, valid certificate of authority	2973
to practice nursing as a certified registered nurse anesthetist,	2974
clinical nurse specialist, certified nurse-midwife, or certified	2975
nurse practitioner issued by the board of nursing under this	2976
chapter:	2977

(1) Engage in the practice of nursing as a certified	2978
registered nurse anesthetist, clinical nurse specialist, certified	2979
nurse-midwife, or certified nurse practitioner for a fee, salary,	2980
or other consideration, or as a volunteer;	2981

(2) Represent the person as being a certified registered	2982
nurse anesthetist, clinical nurse specialist, certified	2983
nurse-midwife, or certified nurse practitioner;	2984

(3) Use any title or initials implying that the person is a	2985
certified registered nurse anesthetist, clinical nurse specialist,	2986
certified nurse-midwife, or certified nurse practitioner;	2987

(4) Represent the person as being an advanced practice	2988
registered nurse;	2989

(5) Use any title or initials implying that the person is an	2990
advanced practice registered nurse.	2991

(B) No person who is not certified by the national council on	2992
certification of nurse anesthetists of the American association of	2993
nurse anesthetists, the national council on recertification of	2994
nurse anesthetists of the American association of nurse	2995
anesthetists, or another national certifying organization approved	2996
by the board under section 4723.46 of the Revised Code shall use	2997
the title "certified registered nurse anesthetist" or the initials	2998
"C.R.N.A.," or any other title or initial implying that the person	2999
has been certified by the council or organization.	3000

(C) No certified registered nurse anesthetist, clinical nurse	3001
specialist, certified nurse-midwife, or certified nurse	3002
practitioner shall do any of the following:	3003

(1) Engage, for a fee, salary, or other consideration, or as	3004
a volunteer, in the practice of a nursing specialty other than the	3005
specialty designated on the nurse's current, valid certificate of	3006
authority issued by the board under this chapter;	3007

(2) Represent the person as being authorized to practice any	3008
nursing specialty other than the specialty designated on the	3009
current, valid certificate of authority;	3010

(3) Use the title "certified registered nurse anesthetist" or	3011
the initials "N.A." or "C.R.N.A.," the title "clinical nurse	3012
specialist" or the initials "C.N.S.," the title "certified	3013
nurse-midwife" or the initials "C.N.M.," the title "certified	3014
nurse practitioner" or the initials "C.N.P.," the title "advanced	3015
practice registered nurse" or the initials "A.P.R.N.," or any	3016
other title or initials implying that the nurse is authorized to	3017
practice any nursing specialty other than the specialty designated	3018
on the nurse's current, valid certificate of authority;	3019

(4) Enter into a standard care arrangement with a physician	3020
or podiatrist whose practice is not the same as or similar to the	3021
nurse's nursing specialty;	3022

(5) Prescribe drugs or therapeutic devices unless the nurse	3023
holds a current, valid certificate to prescribe issued under	3024
section 4723.48 of the Revised Code;	3025

(6) Prescribe drugs or therapeutic devices under a	3026
certificate to prescribe in a manner that does not comply with	3027
section 4723.481 of the Revised Code;	3028

(7) Prescribe any drug or device to perform or induce an	3029
abortion, or otherwise Performperform or induce an abortion.	3030

(D) No person shall knowingly employ a person to engage in	3031
the practice of nursing as a certified registered nurse	3032
anesthetist, clinical nurse specialist, certified nurse-midwife,	3033
or certified nurse practitioner unless the person so employed	3034
holds a current, valid certificate of authority to engage in that	3035
nursing specialty issued by the board under this chapter.	3036

(E) A certificate certified by the executive director of the	3037
board, under the official seal of the board, to the effect that it	3038
appears from the records that no certificate of authority to	3039
practice nursing as a certified registered nurse anesthetist,	3040
clinical nurse specialist, certified nurse-midwife, or certified	3041
nurse practitioner has been issued to any person specified	3042
therein, or that a certificate, if issued, has been revoked or	3043
suspended, shall be received as prima-facie evidence of the record	3044
in any court or before any officer of the state.	3045

Sec. 4723.48.  (A) A clinical nurse specialist, certified	3046
nurse-midwife, or certified nurse practitioner seeking authority	3047
to prescribe drugs and therapeutic devices shall file with the	3048
board of nursing a written application for a certificate to	3049
prescribe. The board of nursing shall issue a certificate to	3050
prescribe to each applicant who meets the requirements specified	3051
in section 4723.482 or 4723.485 of the Revised Code.	3052

Except as provided in division (B) of this section, the	3053
initial certificate to prescribe that the board issues to an	3054
applicant shall be issued as an externship certificate. Under an	3055
externship certificate, the nurse may obtain experience in	3056
prescribing drugs and therapeutic devices by participating in an	3057
externship that evaluates the nurse's competence, knowledge, and	3058
skill in pharmacokinetic principles and their clinical application	3059
to the specialty being practiced. During the externship, the nurse	3060
may prescribe drugs and therapeutic devices only when one or more	3061
physicians are providing supervision in accordance with rules	3062
adopted under section 4723.50 of the Revised Code.	3063

After completing the externship, the holder of an externship	3064
certificate may apply for a new certificate to prescribe. On	3065
receipt of the new certificate, the nurse may prescribe drugs and	3066
therapeutic devices in collaboration with one or more physicians	3067
or podiatrists.	3068

(B) In the case of an applicant who on May 17, 2000, was	3069
approved to prescribe drugs and therapeutic devices under section	3070
4723.56 of the Revised Code, as that section existed on that date,	3071
the initial certificate to prescribe that the board issues to the	3072
applicant under this section shall not be an externship	3073
certificate. The applicant shall be issued a certificate to	3074
prescribe that permits the recipient to prescribe drugs and	3075
therapeutic devices in collaboration with one or more physicians	3076
or podiatrists.	3077

In the case of an applicant who meets the requirements of	3078
division (C) of section 4723.482 of the Revised Code, the initial	3079
certificate to prescribe that the board issues to the applicant	3080
under this section shall not be an externship certificate. The	3081
applicant shall be issued a certificate to prescribe that permits	3082
the recipient to prescribe drugs and therapeutic devices in	3083
collaboration with one or more physicians or podiatrists.	3084

Sec. 4723.482.  (A) Except as provided in divisions (C) and	3085
(D) of this section, an applicant shall include with the	3086
application submitted under section 4723.48 of the Revised Code	3087
all of the following:	3088

(1) Subject to section 4723.483 of the Revised Code, evidence	3089
Evidence of holding a current, valid certificate of authority	3090
issued under this chapter to practice as a clinical nurse	3091
specialist, certified nurse-midwife, or certified nurse	3092
practitioner that was issued by meeting the requirements of	3093
division (A) of section 4723.41 of the Revised Code;	3094

(2) Except for a person who on May 17, 2000, was approved to	3095
prescribe drugs and therapeutic devices under section 4723.56 of	3096
the Revised Code, as that section existed on that date, evidence	3097
Evidence of successfully completing the instruction in advanced	3098
pharmacology and related topics specified in division (B) of this	3099
section;	3100

(3) The fee required by section 4723.08 of the Revised Code	3101
for a certificate to prescribe;	3102

(4) Any additional information the board of nursing requires	3103
pursuant to rules adopted under section 4723.50 of the Revised	3104
Code.	3105

(B) All of the following apply to the instruction required	3106
under division (A)(2) of this section:	3107

(1) The instruction must be obtained not longer than three	3108
years before the application for the certificate to prescribe is	3109
filed.	3110

(2) The instruction must be obtained through a course of	3111
study consisting of planned classroom and clinical study that is	3112
approved by the board of nursing in accordance with standards	3113
established in rules adopted under section 4723.50 of the Revised	3114
Code.	3115

(3) The content of the instruction must be specific to the	3116
applicant's nursing specialty and include all of the following:	3117

(a) A minimum of thirty contact hours of training in advanced	3118
pharmacology that includes pharmacokinetic principles and clinical	3119
application and the use of drugs and therapeutic devices in the	3120
prevention of illness and maintenance of health;	3121

(b) Training in the fiscal and ethical implications of	3122
prescribing drugs and therapeutic devices;	3123

(c) Training in the state and federal laws that apply to the	3124
authority to prescribe;	3125

(d) Any additional training required pursuant to rules	3126
adopted under section 4723.50 of the Revised Code.	3127

(C) An applicant who practiced or is practicing as a clinical	3128
nurse specialist, certified nurse-midwife, or certified nurse	3129
practitioner in another jurisdiction or as an employee of the	3130
United States government, and is not seeking authority to	3131
prescribe drugs and therapeutic devices by meeting the	3132
requirements of division (A) or (D) of this section, shall include	3133
with the application submitted under section 4723.48 of the	3134
Revised Code all of the following:	3135

(1) Subject to section 4723.483 of the Revised Code, evidence	3136
Evidence of holding a current, valid certificate of authority	3137
issued under this chapter to practice as a clinical nurse	3138
specialist, certified nurse-midwife, or certified nurse	3139
practitioner;	3140

(2) The fee required by section 4723.08 of the Revised Code	3141
for a certificate to prescribe;	3142

(3) Either of the following:

3143

(a) Evidence of having held, for a continuous period of at	3144
least one year during the three years immediately preceding the	3145
date of application, valid authority issued by another	3146
jurisdiction to prescribe therapeutic devices and drugs, including	3147
at least some controlled substances;	3148

(b) Evidence of having been employed by the United States	3149
government and authorized, for a continuous period of at least one	3150
year during the three years immediately preceding the date of	3151
application, to prescribe therapeutic devices and drugs, including	3152
at least some controlled substances, in conjunction with that	3153
employment.	3154

(4) If the applicant includes the evidence described in	3155
division (C)(3)(a) of this section, documentation from a licensed	3156
physician in a form acceptable to the board that the prescribing	3157
component of the nurse's practice was overseen or supervised by a	3158
licensed physician in the other jurisdiction;	3159

(5) If the applicant includes the evidence described in	3160
division (C)(3)(b) of this section, documentation from a licensed	3161
physician employed by the United States government in a form	3162
acceptable to the board that the prescribing component of the	3163
nurse's practice was overseen or supervised by a licensed	3164
physician employed by the United States government;	3165

(6) Evidence of having completed a two-hour course of	3166
instruction approved by the board in the laws of this state that	3167
govern drugs and prescriptive authority;	3168

(7) Any additional information the board requires pursuant to	3169
rules adopted under section 4723.50 of the Revised Code.	3170

(D) An applicant who practiced or is practicing as a clinical	3171
nurse specialist, certified nurse-midwife, or certified nurse	3172
practitioner in another jurisdiction or as an employee of the	3173
United States government, and is not seeking authority to	3174
prescribe drugs and therapeutic devices by meeting the	3175
requirements of division (A) or (C) of this section, shall include	3176
with the application submitted under section 4723.48 of the	3177
Revised Code all of the following:	3178

(1) Subject to section 4723.483 of the Revised Code, evidence	3179
Evidence of holding a current, valid certificate of authority	3180
issued under this chapter to practice as a clinical nurse	3181
specialist, certified nurse-midwife, or certified nurse	3182
practitioner;	3183

(2) The fee required by section 4723.08 of the Revised Code	3184
for a certificate to prescribe;	3185

(3) Either of the following:

3186

(a) Evidence of having held, for a continuous period of at	3187
least one year during the three years immediately preceding the	3188
date of application, valid authority issued by another	3189
jurisdiction to prescribe therapeutic devices and drugs, excluding	3190
controlled substances;	3191

(b) Evidence of having been employed by the United States	3192
government and authorized, for a continuous period of at least one	3193
year during the three years immediately preceding the date of	3194
application, to prescribe therapeutic devices and drugs, excluding	3195
controlled substances, in conjunction with that employment.	3196

(4) If the applicant includes the evidence described in	3197
division (D)(3)(a) of this section, documentation from a licensed	3198
physician in a form acceptable to the board that the prescribing	3199
component of the nurse's practice was overseen or supervised by a	3200
licensed physician in the other jurisdiction;	3201

(5) If the applicant includes the evidence described in	3202
division (D)(3)(b) of this section, documentation from a licensed	3203
physician employed by the United States government in a form	3204
acceptable to the board that the prescribing component of the	3205
nurse's practice was overseen or supervised by a licensed	3206
physician employed by the United States government;	3207

(6) Any additional information the board requires pursuant to	3208
rules adopted under section 4723.50 of the Revised Code.	3209

Sec.  4723.485.  (A) A(1) Except as provided in division	3210
(A)(2) of this section, a certificate to prescribe issued under	3211
section 4723.48 of the Revised Code as an externship certificate	3212
is valid for not more than one year, unless earlier suspended or	3213
revoked by the board of nursing. The	3214

(2) An externship certificate may be extended beyond the	3215
period for an additional yearwhich it was issued if the holder	3216
submits to the board evidence of continued participation in an	3217
externship. The extension period shall not exceed two years.	3218

(3) If an externship is terminated for any reason, the nurse	3219
shall notify the board.	3220

(B) To be eligible for a certificate to prescribe after	3221
receiving an externship certificate, an applicant shall include	3222
with the application submitted under section 4723.48 of the	3223
Revised Code all of the following:	3224

(1) A statement from a supervising physician attesting to the	3225
applicant's successful completion of the externship;	3226

(2) The fee required by section 4723.08 of the Revised Code	3227
for a certificate to prescribe;	3228

(3) Any additional information the board requires pursuant to	3229
rules adopted under section 4723.50 of the Revised Code.	3230

Sec. 4723.61.  As used in this section and in sections	3231
4723.624723.64 to 4723.69 of the Revised Code:	3232

(A) "Medication" means a drug, as defined in section 4729.01	3233
of the Revised Code.	3234

(B) "Medication error" means a failure to follow the	3235
prescriber's instructions when administering a prescription	3236
medication.	3237

(C) "Nursing home" and "residential care facility" have the	3238
same meanings as in section 3721.01 of the Revised Code.	3239

(D) "Prescription medication" means a medication that may be	3240
dispensed only pursuant to a prescription.	3241

(E) "Prescriber" and "prescription" have the same meanings as	3242
in section 4729.01 of the Revised Code.	3243

Sec. 4723.64. On and after the thirty-first day following	3244
the board of nursing's submission of the report required by	3245
division (F)(2) of section 4723.63 of the Revised Code, anyA	3246
nursing home or residential care facility may use one or more	3247
medication aides to administer prescription medications to its	3248
residents, subject to both of the following conditions:	3249

(A) Each individual used as a medication aide must hold a	3250
current, valid medication aide certificate issued by the board of	3251
nursing under this chapter.	3252

(B) The nursing home or residential care facility shall	3253
ensure that the requirements of section 4723.67 of the Revised	3254
Code are met.	3255

Sec. 4723.65. (A) An individual seeking certification as a	3256
medication aide shall apply to the board of nursing on a form	3257
prescribed and provided by the board. If theThe application is	3258
submitted on or after the day any nursing home or residential care	3259
facility may initially use medication aides as specified in	3260
section 4723.64 of the Revised Code, the application shall be	3261
accompanied by the certification fee established in rules adopted	3262
under section 4723.69 of the Revised Code.	3263

(B)(1) Except as provided in division (B)(2) of this section,	3264
an applicant for a medication aide certificate shall submit a	3265
request to the bureau of criminal identification and investigation	3266
for a criminal records check. The request shall be on the form	3267
prescribed pursuant to division (C)(1) of section 109.572 of the	3268
Revised Code and shall be accompanied by a standard impression	3269
sheet to obtain fingerprints prescribed pursuant to division	3270
(C)(2) of that section. The request shall also be accompanied by	3271
the fee prescribed pursuant to division (C)(3) of section 109.572	3272
of the Revised Code. On receipt of the completed form, the	3273
completed impression sheet, and the fee, the bureau shall conduct	3274
a criminal records check of the applicant. On completion of the	3275
criminal records check, the bureau shall send the results of the	3276
check to the board. An applicant requesting a criminal records	3277
check under this division who has not lived in this state for at	3278
least five years shall ask the superintendent of the bureau of	3279
criminal identification and investigation to also request that the	3280
federal bureau of investigation provide the superintendent with	3281
any information it has with respect to the applicant.	3282

(2) If a criminal records check of an applicant was completed	3283
pursuant to section 3721.121 of the Revised Code not more than	3284
five years prior to the date the application is submitted, the	3285
applicant may include a certified copy of the criminal records	3286
check completed pursuant to that section and is not required to	3287
comply with division (B)(1) of this section.	3288

(3) A criminal records check provided to the board in	3289
accordance with division (B)(1) or (B)(2) of this section shall	3290
not be made available to any person or for any purpose other than	3291
the following:	3292

(a) The results may be made available to any person for use	3293
in determining whether the individual who is the subject of the	3294
check should be issued a medication aide certificate.	3295

(b) The results may be made available to the person who is	3296
the subject of the check or a representative of that person.	3297

Sec. 4723.651. (A) To be eligible to receive a medication	3298
aide certificate, an applicant shall meet all of the following	3299
conditions:	3300

(1) Be at least eighteen years of age;

3301

(2) Have a high school diploma or a high school equivalence	3302
diploma as defined in section 5107.40 of the Revised Code;	3303

(3) If the applicant is to practice as a medication aide in a	3304
nursing home, be a nurse aide who satisfies the requirements of	3305
division (A)(1), (2), (3), (4), (5), (6), or (8) of section	3306
3721.32 of the Revised Code;	3307

(4) If the applicant is to practice as a medication aide in a	3308
residential care facility, be a nurse aide who satisfies the	3309
requirements of division (A)(1), (2), (3), (4), (5), (6), or (8)	3310
of section 3721.32 of the Revised Code or an individual who has at	3311
least one year of direct care experience in a residential care	3312
facility;	3313

(5) Successfully complete the course of instruction provided	3314
by a training program approved by the board under section 4723.66	3315
of the Revised Code;	3316

(6) Have results on the criminal records check provided to	3317
the board under division (B)(1) or (2) of section 4723.65 of the	3318
Revised Code indicating that the applicant has not been convicted	3319
of, has not pleaded guilty to, and has not had a judicial finding	3320
of guilt for violating section 2903.01, 2903.02, 2903.03, 2903.11,	3321
2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11	3322
of the Revised Code or a substantially similar law of another	3323
state, the United States, or another countryNot be ineligible for	3324
licensure or certification as specified in section 4723.092 of the	3325
Revised Code;	3326

(7) Have not committed any act that is grounds for	3327
disciplinary action under section 3123.47 or 4723.28 of the	3328
Revised Code or be determined by the board to have made	3329
restitution, been rehabilitated, or both;	3330

(8) Not be required to register under Chapter 2950. of the	3331
Revised Code or a substantially similar law of another state, the	3332
United States, or another country;	3333

(9) Meet all other requirements for a medication aide	3334
certificate established in rules adopted under section 4723.69 of	3335
the Revised Code.	3336

(B) If an applicant meets the requirement specified in	3337
division (A) of this section, the board shall issue a medication	3338
aide certificate to the applicant. If a medication aide	3339
certificate is issued to an individual on the basis of having at	3340
least one year of direct care experience working in a residential	3341
care facility, as provided in division (A)(4) of this section, the	3342
certificate is valid for use only in a residential care facility.	3343
The board shall state the limitation on the certificate issued to	3344
the individual.	3345

(C) A medication aide certificate is valid for two years,	3346
unless earlier suspended or revoked. The certificate may be	3347
renewed in accordance with procedures specified by the board in	3348
rules adopted under section 4723.69 of the Revised Code. To be	3349
eligible for renewal, an applicant shall pay the renewal fee	3350
established in the rules and meet all renewal qualifications	3351
specified in the rules.	3352

Sec. 4723.652.  (A) The board of nursing, by vote of a	3353
quorum, may impose one or more of the following sanctions against	3354
any individual who applies for, or holds, a medication aide	3355
certificate: deny, revoke, suspend, or place restrictions on the	3356
certificate; reprimand or otherwise discipline the holder of a	3357
medication aide certificate; or impose a fine of not more than	3358
five hundred dollars per violation. The sanctions may be imposed	3359
for any of the reasons specified in division (A) or (B) of section	3360
4723.28 of the Revised Code, to the extent that those reasons are	3361
applicable to medication aides or applicants as specified in rules	3362
adopted under section 4723.69 of the Revised Code.	3363

(B) Disciplinary actions taken by the board under this	3364
section shall be taken pursuant to an adjudication conducted under	3365
Chapter 119. of the Revised Code, except that in lieu of a	3366
hearing, the board may enter into a consent agreement with an	3367
individual to resolve an allegation of a violation of this chapter	3368
or any rule adopted under it. A consent agreement, when ratified	3369
by vote of a quorum, shall constitute the findings and order of	3370
the board with respect to the matter addressed in the agreement.	3371
If the board refuses to ratify a consent agreement, the admissions	3372
and findings contained in the agreement shall be of no effect.	3373

(C) In taking actions under this section, the board has the	3374
same powers and duties that it has when taking actions under	3375
section 4723.28 of the Revised Code. In addition, the board may	3376
issue an order to summarily suspend or automatically suspend a	3377
medication aide certificate in the same manner that the board is	3378
authorized to take those actions under section 4723.281 of the	3379
Revised Code.	3380

Sec. 4723.653. (A) No person shall engage in the	3381
administration of medication as a medication aide, represent the	3382
person as being a certified medication aide, or use the title,	3383
"medication aide," or any other title implying that the person is	3384
a certified medication aide, for a fee, salary, or other	3385
compensation, or as a volunteer, without holding a current, valid	3386
certificate as a medication aide under this chapter.	3387

(B) No person shall employ a person not certified as a	3388
medication aide under this chapter to engage in the administration	3389
of medication as a medication aide.	3390

Sec. 4723.66.  (A) A person or government entity seeking	3391
approval to provide a medication aide training program shall apply	3392
to the board of nursing on a form prescribed and provided by the	3393
board. If the application is submitted on or after the day any	3394
nursing home or residential care facility may initially use	3395
medication aides as specified in section 4723.64 of the Revised	3396
Code, theThe application shall be accompanied by the fee	3397
established in rules adopted under section 4723.69 of the Revised	3398
Code.	3399

(B) The board shall approve the applicant to provide a	3400
medication aide training program if the content of the course of	3401
instruction to be provided by the program meets the standards	3402
specified by the board in rules adopted under section 4723.69 of	3403
the Revised Code and includes all of the following:	3404

(1) At least seventy clock-hours of instruction, including	3405
both classroom instruction on medication administration and at	3406
least twenty clock-hours of supervised clinical practice in	3407
medication administration;	3408

(2) A mechanism for evaluating whether an individual's	3409
reading, writing, and mathematical skills are sufficient for the	3410
individual to be able to administer prescription medications	3411
safely;	3412

(3) An examination that tests the ability to administer	3413
prescription medications safely and that meets the requirements	3414
established by the board in rules adopted under section 4723.69 of	3415
the Revised Code.	3416

(C) The board may deny, suspend, or revoke the approval	3417
granted to the provider of a medication aide training program for	3418
reasons specified in rules adopted under section 4723.69 of the	3419
Revised Code. All actions taken by the board to deny, suspend, or	3420
revoke the approval of a training program shall be taken in	3421
accordance with Chapter 119. of the Revised Code.	3422

Sec. 4723.67.  (A) Except for the prescription medications	3423
specified in division (C) of this section and the methods of	3424
medication administration specified in division (D) of this	3425
section, a medication aide who holds a current, valid medication	3426
aide certificate issued under this chapter may administer	3427
prescription medications to the residents of nursing homes and	3428
residential care facilities that use medication aides pursuant to	3429
section 4723.63 or 4723.64 of the Revised Code. A medication aide	3430
shall administer prescription medications only pursuant to the	3431
delegation of a registered nurse or a licensed practical nurse	3432
acting at the direction of a registered nurse.	3433

Delegation of medication administration to a medication aide	3434
shall be carried out in accordance with the rules for nursing	3435
delegation adopted under this chapter by the board of nursing. A	3436
nurse who has delegated to a medication aide responsibility for	3437
the administration of prescription medications to the residents of	3438
a nursing home or residential care facility shall not withdraw the	3439
delegation on an arbitrary basis or for any purpose other than	3440
patient safety.	3441

(B) In exercising the authority to administer prescription	3442
medications pursuant to nursing delegation, a medication aide may	3443
administer prescription medications in any of the following	3444
categories:	3445

(1) Oral medications;

3446

(2) Topical medications;

3447

(3) Medications administered as drops to the eye, ear, or	3448
nose;	3449

(4) Rectal and vaginal medications;

3450

(5) Medications prescribed with a designation authorizing or	3451
requiring administration on an as-needed basis, but only if a	3452
nursing assessment of the patient is completed before the	3453
medication is administered.	3454

(C) A medication aide shall not administer prescription	3455
medications in either of the following categories:	3456

(1) Medications containing a schedule II controlled	3457
substance, as defined in section 3719.01 of the Revised Code;	3458

(2) Medications requiring dosage calculations.

3459

(D) A medication aide shall not administer prescription	3460
medications by any of the following methods:	3461

(1) Injection;

3462

(2) Intravenous therapy procedures;

3463

(3) Splitting pills for purposes of changing the dose being	3464
given.	3465

(E) A nursing home or residential care facility that uses	3466
medication aides shall ensure that medication aides do not have	3467
access to any schedule II controlled substances within the home or	3468
facility for use by its residents.	3469

Sec. 4723.68.  (A) A registered nurse, or licensed practical	3470
nurse acting at the direction of a registered nurse, who delegates	3471
medication administration to a medication aide who holds a	3472
current, valid medication aide certificate issued under this	3473
chapter is not liable in damages to any person or government	3474
entity in a civil action for injury, death, or loss to person or	3475
property that allegedly arises from an action or omission of the	3476
medication aide in performing the medication administration, if	3477
the delegating nurse delegates the medication administration in	3478
accordance with this chapter and the rules adopted under this	3479
chapter.	3480

(B) A person employed by a nursing home or residential care	3481
facility that uses medication aides pursuant to section 4723.63 or	3482
4723.64 of the Revised Code who reports in good faith a medication	3483
error at the nursing home or residential care facility is not	3484
subject to disciplinary action by the board of nursing or any	3485
other government entity regulating that person's professional	3486
practice and is not liable in damages to any person or government	3487
entity in a civil action for injury, death, or loss to person or	3488
property that allegedly results from reporting the medication	3489
error.	3490

Sec. 4723.69.  (A) In consultation with the medication aide	3491
advisory council created under section 4723.62 of the Revised	3492
Code, theThe board of nursing shall adopt rules to implement	3493
sections 4723.61 to 4723.68 of the Revised Code. Initial rules	3494
shall be adopted not later than February 1, 2006. All rules	3495
adopted under this section shall be adopted in accordance with	3496
Chapter 119. of the Revised Code.	3497

(B) The rules adopted under this section shall establish or	3498
specify all of the following:	3499

(1) Fees, in an amount sufficient to cover the costs the	3500
board incurs in implementing sections 4723.61 to 4723.68 of the	3501
Revised Code, for participation in the medication aide pilot	3502
program, certification as a medication aide, and approval of a	3503
medication aide training program;	3504

(2) Requirements to obtain a medication aide certificate that	3505
are not otherwise specified in section 4723.651 of the Revised	3506
Code;	3507

(3) Procedures for renewal of medication aide certificates;

3508

(4) The extent to which the board determines that the reasons	3509
for taking disciplinary actions under section 4723.28 of the	3510
Revised Code are applicable reasons for taking disciplinary	3511
actions under section 4723.652 of the Revised Code against an	3512
applicant for or holder of a medication aide certificate;	3513

(5) Standards for approval of peer support programs for the	3514
holders of medication aide certificates;	3515

(6) Standards for medication aide training programs,	3516
including the examination to be administered by the training	3517
program to test an individual's ability to administer prescription	3518
medications safely;	3519

(6) Standards for approval of continuing education programs	3520
and courses for medication aides;	3521

(7) Reasons for denying, revoking, or suspending approval of	3522
a medication aide training program;	3523

(8) Other standards and procedures the board considers	3524
necessary to implement sections 4723.61 to 4723.68 of the Revised	3525
Code.	3526

Sec. 4723.71.  (A) There is hereby established, under the	3527
board of nursing, the advisory group on dialysis. The advisory	3528
group shall advise the board of nursing regarding the	3529
qualifications, standards for training, and competence of dialysis	3530
technicians and dialysis technician interns and all other related	3531
matters related to dialysis technicians. The advisory group shall	3532
consist of the members appointed under divisions (B) and (C) of	3533
this section. A member of the board of nursing or a representative	3534
appointed by the board shall serve as chairperson of all meetings	3535
of the advisory group.	3536

(B) The board of nursing shall appoint the following as	3537
members of the advisory group:	3538

(1) Four dialysis technicians;

3539

(2) A registered nurse who regularly performs dialysis and	3540
cares for patients who receive dialysis;	3541

(3) A physician, recommended by the state medical board, who	3542
specializes in nephrology;	3543

(4) An administrator of a dialysis center;

3544

(5) A dialysis patient;

3545

(6) A representative of the association for hospitals and	3546
health systems (OHA)Ohio hospital association;	3547

(7) A representative from the end-stage renal disease	3548
network, as defined in 42 C.F.R. 405.2102.	3549

(C) The members of the advisory group appointed under	3550
division (B) of this section may recommend additional persons to	3551
serve as members of the advisory group. The board of nursing may	3552
appoint, as appropriate, any of the additional persons	3553
recommended.	3554

(D) The board of nursing shall specify the terms for the	3555
advisory group members. Members shall serve at the discretion of	3556
the board of nursing. Members shall receive their actual and	3557
necessary expenses incurred in the performance of their official	3558
duties.	3559

(E) Sections 101.82 to 101.87 of the Revised Code do not	3560
apply to the advisory group.	3561

Sec. 4723.72.  (A) A dialysis technician or dialysis	3562
technician intern may engage in dialysis care by doing the	3563
following:	3564

(1) Performing and monitoring dialysis procedures, including	3565
initiating, monitoring, and discontinuing dialysis;	3566

(2) Drawing blood;

3567

(3) Administering any of the medications as specified in	3568
division (C) of this section when the administration is essential	3569
to the dialysis process;	3570

(4) Responding to complications that arise during dialysis.

3571

(B) A(1) Subject to divisions (B)(2) and (3) of this	3572
section, a dialysis technician or dialysis technician intern may	3573
provide the dialysis care specified in division (A) of this	3574
section only if the care has been delegated to the technician or	3575
intern by a physician or registered nurse and the technician or	3576
intern is under the supervision of a physician or registered	3577
nurse. Supervision requires that the dialysis technician or	3578
dialysis technician intern be in the immediate presence of a	3579
physician or registered nurse, or, in.	3580

(2) In accordance with division (E) of section 4723.73 of the	3581
Revised Code, a dialysis technician intern shall not provide	3582
dialysis care in a patient's home.	3583

(3) In the case of dialysis care provided in a patient's home	3584
by a dialysis technician, that the dialysisboth of the following	3585
apply:	3586

(a) The technician shall be supervised in accordance with the	3587
rules adopted under section 4723.79 of the Revised Code for	3588
supervision of dialysis technicians who provide dialysis care in a	3589
patient's home. Division (E)	3590

(b) Division (D)(5) of section 4723.73 of the Revised Code	3591
does not allow a dialysis technician who provides dialysis care in	3592
a patient's home to provide dialysis care that is not authorized	3593
under this section.	3594

(C) A dialysis technician or dialysis technician intern may	3595
administer medication only the following medications as ordered by	3596
a licensed health professional authorized to prescribe drugs as	3597
defined in section 4729.01 of the Revised Code and in accordance	3598
with the standards for the delegation of dialysis care	3599
established in division (B) of this section and in rules adopted	3600
under section 4723.79 of the Revised Code. A dialysis technician	3601
may administer only the following medications:	3602

(1) Intradermal lidocaine or other single therapeutically	3603
equivalent local anesthetic for the purpose of initiating dialysis	3604
treatment;	3605

(2) Intravenous heparin or other single therapeutically	3606
equivalent anticoagulant for the purpose of initiating and	3607
maintaining dialysis treatment;	3608

(3) Intravenous normal saline;

3609

(4) Patient-specific dialysate, to which the person	3610
technician or intern may add electrolytes but no other additives	3611
or medications;	3612

(5) Oxygen, when the administration of the oxygen has been	3613
delegated to the technician by a registered nurse.	3614

Sec. 4723.73.  (A) No person shall claim to the public to be	3615
a dialysis technician unless the person holdswho does not hold a	3616
current, valid certificate issued under section 4723.75 or renewed	3617
under section 4723.77 or a current, valid temporary certificate	3618
issued under section 4723.76 of the Revised Code.shall do either	3619
of the following:	3620

(1) Claim to the public to be a dialysis technician;

3621

(B) No person shall use(2) Use the title "Ohio certified	3622
dialysis technician," the initials "OCDT," or any other title or	3623
initials to represent that the person is authorized to perform	3624
dialysis care as a fully certified dialysis technician, unless the	3625
person holds a current, valid certificate issued under section	3626
4723.75 or renewed under section 4723.77 of the Revised Code.	3627

(C)(B) No person who does not hold a current, valid dialysis	3628
technician intern certificate issued under section 4723.76 of the	3629
Revised Code shall use anydo either of the following:	3630

(1) Claim to the public to be a dialysis technician intern;

3631

(2) Use the title or"dialysis technician intern," the	3632
initials "DTI," or any other title or initials to represent that	3633
the person is authorized to perform dialysis care as a temporarily	3634
certified dialysis technician, unless the person holds a current,	3635
valid temporary certificate issued under section 4723.76 of the	3636
Revised Codeintern.	3637

(D)(C) No dialysis technician or dialysis technician intern	3638
shall engage in dialysis care in a manner that is inconsistent	3639
with section 4723.72 of the Revised Code.	3640

(E)(D) No person other than a dialysis technician or dialysis	3641
technician intern shall engage in the dialysis care that is	3642
authorized by section 4723.72 of the Revised Code, unless the	3643
person is one or more of the following applies:	3644

(1) The person is aA registered nurse or licensed practical	3645
nurse.;	3646

(2) The person is aA physician.;

3647

(3) The person is aA student performing dialysis care under	3648
the supervision of an instructor as an integral part of a dialysis	3649
training program approved by the board of nursing under section	3650
4723.74 of the Revised Code.;	3651

(4) The person is aA dialysis patient who has been trained	3652
to engage in the dialysis care with little or no professional	3653
assistance by completing a medicare-approved self-dialysis or home	3654
dialysis training program.;	3655

(5) The person is aA family member or friend of a dialysis	3656
patient who engages in self-dialysis or home dialysis, and the	3657
person engages in the dialysis care by assisting the patient in	3658
performing the self-dialysis or home dialysis, after the person	3659
providing the assistance has completed a medicare-approved	3660
self-dialysis or home dialysis training program for the particular	3661
dialysis patient being assisted.	3662

(E) No dialysis technician intern shall do either of the	3663
following:	3664

(1) Serve as a trainer or preceptor in a dialysis training	3665
program;	3666

(2) Provide dialysis care in a patient's home.

3667

(F) No person shall operate a dialysis training program,	3668
unless the program is approved by the board of nursing under	3669
section 4723.74 of the Revised Code.	3670

Sec. 4723.74.  (A) A person who seeks to operate a dialysis	3671
training program shall apply to the board of nursing for approval	3672
of the program. Applications shall be submitted in accordance with	3673
rules adopted under section 4723.79 of the Revised Code. The	3674
person shall include with the application the fee prescribed in	3675
those rules. If the program meets the requirements for approval as	3676
specified in the rules, the board shall approve the program. A	3677
program shall apply for reapproval and may be reapproved in	3678
accordance with rules adopted under section 4723.79 of the Revised	3679
Code.	3680

(B) The board may place on provisional approval, for a period	3681
of time it specifies, a dialysis training program that has ceased	3682
to meet and maintain the minimum standards of the board	3683
established by rules adopted under section 4723.79 of the Revised	3684
Code. Prior to or at the end of the period, the board shall	3685
reconsider whether the program meets the standards. The board	3686
shall grant full approval if the program meets the standards. If	3687
the program does not meet the standards, the board may withdraw	3688
approval in accordance with division (C) of this section.	3689

(C) The board may withdraw the approval of a program that	3690
ceases to meet the requirements for approval. Any action to	3691
withdraw the approval shall be taken in accordance with Chapter	3692
119. of the Revised Code.	3693

(B) A person(D) An individual shall not be permitted to	3694
enroll, and shall not enroll, in a dialysis training program	3695
approved by the board under division (A) of this section unless	3696
the personindividual is eighteen years of age or older and	3697
possesses a high school diploma or high school equivalence	3698
diploma.	3699

Sec. 4723.75.  (A) The board of nursing shall issue a	3700
certificate to practice as a dialysis technician to a personan	3701
applicant who meets all of the following applicable requirements:	3702

(1) For all personsapplicants, the person applies	3703
application is submitted to the board in accordance with rules	3704
adopted under section 4723.79 of the Revised Code and includes	3705
with the application theboth of the following:	3706

(a) The fee established in those rules adopted under section	3707
4723.79 of the Revised Code;	3708

(b) The name and address of each approved dialysis training	3709
program in which the applicant has enrolled and the dates during	3710
which the applicant was enrolled in each program.	3711

(2) For all personsapplicants, the personapplicant meets	3712
the requirements established by the board's rules.	3713

(3) For all personsapplicants, the personapplicant	3714
demonstrates competency to practice as a dialysis technician, as	3715
specified underin division (B) of this section.	3716

(4) For personsapplicants who entered a dialysis training	3717
program on or after June 1, 2003, the results of a criminal	3718
records check of the person that is completed by the bureau of	3719
criminal identification and investigation and includes a check of	3720
federal bureau of investigation records and that the bureau	3721
submits to the board indicates that the person has not been	3722
convicted of, has not pleaded guilty to, and has not had a	3723
judicial finding of guilt for violating section 2903.01, 2903.02,	3724
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	3725
2911.01, or 2911.11 of the Revised Code or a substantially similar	3726
law of another state, the United States, or another country	3727
conducted in accordance with section 4723.091 of the Revised Code	3728
demonstrate that the applicant is not ineligible for certification	3729
as specified in section 4723.092 of the Revised Code.	3730

(B) For a personan applicant to demonstrate competence to	3731
practice as a dialysis technician, one of the following must	3732
apply:	3733

(1) The person meets all of the following requirements:

3734

(a) The personapplicant has successfully completed a	3735
dialysis training program approved by the board under section	3736
4723.74 of the Revised Code.	3737

(b) The person has been employed to performand meets both of	3738
the following requirements:	3739

(a) Has performed dialysis care byfor a dialysis provider	3740
for not less than twelve months immediately prior to the date of	3741
application.	3742

(c) The person passes;

3743

(b) Has passed a certification examination demonstrating	3744
competence to perform dialysis care. The person must pass the	3745
examination not later than eighteen months after entering	3746
successfully completing a dialysis training program approved by	3747
the board under section 4723.74 of the Revised Code. A person who	3748
does not pass the examination within eighteen months after	3749
entering a dialysis training program must repeat and successfully	3750
complete the training program, or successfully complete another	3751
dialysis training program approved by the board, and pass the	3752
examination not less than six months after entering the new or	3753
repeated program. A person who does not pass the examination	3754
within six months after entering the new or repeated program must	3755
wait at least one year before entering or reentering any dialysis	3756
training program approved by the board, after which the person	3757
must successfully complete a dialysis training program approved by	3758
the board and pass the examination not later than six months after	3759
entering the program.	3760

(2) The person meets both of the following requirements:

3761

(a) The person holds, on December 24, 2000, a current, valid	3762
certificate from a qualifying testing organization specified by	3763
the board under division (B) of section 4723.751 of the Revised	3764
Code or provides evidence satisfactory to the board of having	3765
passed the examination of a qualifying testing organization not	3766
longer than five years prior to December 24, 2000.	3767

(b) The dialysis provider who employs the person provides the	3768
board with the information specified in rules adopted under	3769
section 4723.79 of the Revised Code attesting to the person's	3770
competence to perform dialysis care.	3771

(3) The person submits evidence satisfactory to the board	3772
that the person holds a current, valid license, certificate, or	3773
other authorization to perform dialysis care issued by another	3774
state that has standards for dialysis technicians that the board	3775
considers substantially similar to those established under	3776
sections 4723.71 to 4723.79 of the Revised Code applicant does	3777
all of the following:	3778

(a) Has a testing organization approved by the board submit	3779
evidence satisfactory to the board that the applicant passed an	3780
examination, in another jurisdiction, that demonstrates the	3781
applicant's competence to provide dialysis care;	3782

(b) Submits evidence satisfactory to the board that the	3783
applicant has been employed to perform dialysis care in another	3784
jurisdiction for not less than twelve months immediately prior to	3785
the date of application for certification under this section;	3786

(c) Submits evidence satisfactory to the board that the	3787
applicant completed at least two hours of education directly	3788
related to this chapter and the rules adopted under it.	3789

(C) A person who applies under this section to be certified	3790
to practice as a dialysis technician shall submit a request to the	3791
bureau of criminal identification and investigation for a criminal	3792
records check of the applicant. The request shall be on the form	3793
prescribed pursuant to division (C)(1) of section 109.572,	3794
accompanied by a standard impression sheet to obtain fingerprints	3795
prescribed pursuant to division (C)(2) of that section, and	3796
accompanied by the fee prescribed pursuant to division (C)(3) of	3797
that section. Upon receipt of the completed form, the completed	3798
impression sheet, and the fee, the bureau shall conduct a criminal	3799
records check of the applicant. Upon completion of the criminal	3800
records check, the bureau shall send the results of the check to	3801
the board. A person requesting a criminal records check under this	3802
division shall ask the superintendent of the bureau of criminal	3803
identification and investigation to also request the federal	3804
bureau of investigation to provide the superintendent with any	3805
information it has with respect to the person.	3806

The results of any criminal records check conducted pursuant	3807
to a request made under this section, and any report containing	3808
those results, are not public records for purposes of section	3809
149.43 of the Revised Code and shall not be made available to any	3810
person or for any purpose other than the following:	3811

(1) The results may be made available to any person for use	3812
in determining under this section and division (N) of section	3813
4723.28 of the Revised Code whether the individual who is the	3814
subject of the check should be issued a certificate to practice as	3815
a dialysis technician.	3816

(2) The results may be made available to the individual who	3817
is the subject of the check or that individual's representative.	3818
An applicant who does not pass the certification examination	3819
described in division (B)(1)(b) of this section within the time	3820
period prescribed in that division may continue to pursue	3821
certification by repeating the entire training and application	3822
process, including doing all of the following:	3823

(1) Enrolling in and successfully completing a dialysis	3824
training program approved by the board;	3825

(2) Submitting a request to the bureau of criminal	3826
identification and investigation for a criminal records check and	3827
check of federal bureau of investigation records pursuant to	3828
section 4723.091 of the Revised Code;	3829

(3) Submitting an application for a dialysis technician	3830
intern certificate in accordance with section 4723.76 of the	3831
Revised Code;	3832

(4) Demonstrating competence to perform dialysis care in	3833
accordance with division (B) of this section.	3834

Sec. 4723.751. (A) The board of nursing shall either conduct	3835
dialysis technician certification examinations itself or, in	3836
accordance with rules adopted under section 4723.79 of the Revised	3837
Code, approve testing organizations to conduct the examinations.	3838
If it conducts the examinations, the board may use all or part of	3839
a standard examination created by a testing organization approved	3840
by the board. Regardless of who conducts it, the examination shall	3841
cover all of the subjects specified in rules adopted under section	3842
4723.79 of the Revised Code.	3843

(B) The board shall specify the testing organizations that	3844
qualify a person to demonstrate competence to practice as a	3845
dialysis technician pursuant to division (B)(2) of section 4723.75	3846
of the Revised Code.	3847

Sec. 4723.76.  (A) The board of nursing shall issue a	3848
temporary certificate to practice as a dialysis technician intern	3849
to a personan applicant who has not passed the dialysis	3850
technician certification examination required by section 4723.751	3851
of the Revised Code, but who meetssatisfies all of the following	3852
requirements:	3853

(1) The person appliesApplies to the board in accordance	3854
with rules adopted under section 4723.79 of the Revised Code and	3855
includes with the application theboth of the following:	3856

(a) The fee established in those rules adopted under section	3857
4723.79 of the Revised Code;	3858

(b) The name and address of all dialysis training programs	3859
approved by the board in which the applicant has been enrolled and	3860
the dates of enrollment in each program.	3861

(2) The person providesProvides documentation from the	3862
person'sapplicant's employer that demonstratesattesting that the	3863
personapplicant is competent to perform dialysis care.;	3864

(3) One of the following applies:

3865

(a) The person hasHas successfully completed a dialysis	3866
training program approved by the board of nursing under section	3867
4723.74 of the Revised Code.	3868

(b) The person is, on December 24, 2000, employed as a	3869
dialysis technician but has been so employed for less than twelve	3870
months.	3871

(c) The person has experience as a dialysis technician in a	3872
jurisdiction that does not license or certify dialysis technicians	3873
and has successfully completed a training program that is	3874
substantially similar to a program approved by the board.	3875

(B) A temporarydialysis technician intern certificate issued	3876
to a personan applicant who meets the requirementrequirements in	3877
division (A)(3)(a) of this section is valid for a period of time	3878
that is eighteen months from the date on which the holder entered	3879
applicant successfully completed a dialysis training program	3880
approved by the board under section 4723.74 of the Revised Code,	3881
minus the time the applicant was enrolled in one or more dialysis	3882
training programs approved by the board.	3883

A temporary certificate issued to a person who meets the	3884
requirement in division (A)(3)(b) of this section is valid for the	3885
number of months equal to eighteen months minus the number of	3886
months the person has been employed as a dialysis technician.	3887

A temporary certificate issued to a person who meets the	3888
requirement in division (A)(3)(c) of this section and has been	3889
working as a dialysis technician for twelve months or longer is	3890
valid for six months. A temporary certificate issued to a person	3891
who meets the requirement in division (A)(3)(c) of this section	3892
and has been employed as a dialysis technician for less than	3893
twelve months is valid for the number of months equal to eighteen	3894
months minus the number of months the person has been employed as	3895
a dialysis technician.	3896

(C) A temporarydialysis technician intern certificate issued	3897
under this section may not be renewed once if the holder enrolls	3898
or re-enrolls in a dialysis training program approved by the	3899
board. A temporary certificate that has been renewed is not	3900
renewable. A person holding a temporary certificate shall provide	3901
a copy of the temporary certificate to the dialysis provider who	3902
employs the person. The person shall not act as a trainer or	3903
preceptor in any dialysis training program.	3904

Sec. 4723.77.  A dialysis technician certificate issued under	3905
section 4723.75 of the Revised Code expires biennially and shall	3906
be renewed according to a schedule established by the board of	3907
nursing in rules adopted under section 4723.79 of the Revised	3908
Code. An application for renewal of a dialysis technician	3909
certificate shall be accompanied by the renewal fee established in	3910
rules adopted by the board under section 4723.79 of the Revised	3911
Code. A certificate may be renewed only if, during the period for	3912
which the certificate was issued, the certificate holder satisfied	3913
the continuing education requirements established by the board's	3914
rules. Of the hours of continuing education completed during the	3915
period for which the dialysis technician certificate was issued,	3916
at least one hour of the education must be directly related to the	3917
statutes and rules pertaining to the practice of nursing in this	3918
state or the practice as a dialysis technician in this state.	3919

Sec. 4723.79.  The board of nursing shall adopt rules to	3920
administer and enforce sections 4723.71 to 4723.79 of the Revised	3921
Code. The board shall adopt the rules in accordance with Chapter	3922
119. of the Revised Code. The rules shall establish or specify all	3923
of the following:	3924

(A) The application process, fee, and requirements for	3925
approval, reapproval, and withdrawing the approval of a dialysis	3926
training program under section 4723.74 of the Revised Code. The	3927
requirements shall include standards that must be satisfied	3928
regarding curriculum, length of training, and instructions in	3929
patient care.	3930

(B) The application process, fee, and requirements for	3931
issuance of a dialysis technician certificate under section	3932
4723.75 of the Revised Code, except that the amount of the fee	3933
shall be no greater than the fee charged under division (A)(1) of	3934
section 4723.08 of the Revised Code;	3935

(C) The application process, fee, and requirements for	3936
issuance of a temporarydialysis technician intern certificate	3937
under section 4723.76 of the Revised Code;	3938

(D) The process for approval of testing organizations under	3939
section 4723.751 of the Revised Code;	3940

(E) Subjects to be included in a certification examination	3941
provided for in division (B)(1) ofpursuant to section 4723.75	3942
4723.751 of the Revised Code;	3943

(F) The schedule, fees, and continuing education requirements	3944
for renewal of a dialysis technician certificate under section	3945
4723.77 of the Revised Code, except that the amount of the fee for	3946
the renewal of a certificate shall be no greater than the fee	3947
charged under division (A)(9)(10) of section 4723.08 of the	3948
Revised Code or, effective September 1, 2003, division (A)(10) of	3949
that section;	3950

(G) Standards and procedures for establishing and maintaining	3951
the dialysis registry required by section 4723.78 of the Revised	3952
Code, including standards and procedures that persons must follow	3953
in providing the information to be included in the registryfor	3954
approval of continuing education programs and courses for dialysis	3955
technicians;	3956

(H) Standards for the administration of medication by	3957
dialysis technicians and dialysis technician interns under section	3958
4723.72 of the Revised Code;	3959

(I) The information a dialysis provider is to provide to the	3960
board when attesting to a person's competence to perform dialysis;	3961

(J) Standards and procedures for the supervision of dialysis	3962
technicians who provide dialysis care in a patient's home,	3963
including monthly home visits by a registered nurse to monitor the	3964
quality of the dialysis care;	3965

(K)(J) Any other procedures or requirements necessary for the	3966
administration and enforcement of sections 4723.71 to 4723.79 of	3967
the Revised Code.	3968

Sec. 4723.83. (A) An individual seeking a community health	3969
worker certificate shall submit an application to the board of	3970
nursing on forms the board shall prescribe and furnish. The	3971
applicant shall include all information the board requires to	3972
process the application. The application shall be accompanied by	3973
the fee established in rules adopted under section 4723.88 of the	3974
Revised Code.	3975

(B) An applicant for a community health worker certificate	3976
shall submit a request to the bureau of criminal identification	3977
and investigation for a criminal records check of the applicant.	3978
The request shall be on the form prescribed pursuant to division	3979
(C)(1) of section 109.572 of the Revised Code, accompanied by a	3980
standard impression sheet to obtain fingerprints prescribed	3981
pursuant to division (C)(2) of that section, and accompanied by	3982
the fee prescribed pursuant to division (C)(3) of that section. On	3983
receipt of the completed form, the completed impression sheet, and	3984
the fee, the bureau shall conduct a criminal records check of the	3985
applicant. On completion of the criminal records check, the bureau	3986
shall send the results of the check to the board. The applicant	3987
shall ask the superintendent of the bureau of criminal	3988
identification and investigation to request that the federal	3989
bureau of investigation provide the superintendent with any	3990
information it has with respect to the applicant.	3991

The results of any criminal records check conducted pursuant	3992
to a request made under this section, and any report containing	3993
those results, are not public records for purposes of section	3994
149.43 of the Revised Code and shall not be made available to any	3995
person or for any purpose other than the following:	3996

(1) The results may be made available to any person for use	3997
in determining whether the individual who is the subject of the	3998
check should be issued a community health worker certificate.	3999

(2) The results may be made available to the individual who	4000
is the subject of the check or that individual's representative.	4001

Sec. 4723.84. (A) To be eligible to receive a community	4002
health worker certificate, an applicant shall meet all of the	4003
following conditions:	4004

(1) Be eighteen years of age or older;

4005

(2) Possess a high school diploma or the equivalent of a high	4006
school diploma, as determined by the board;	4007

(3) Except as provided in division (B) of this section,	4008
successfully complete a community health worker training program	4009
approved by the board under section 4723.87 of the Revised Code;	4010

(4) Have results on the criminal records check requested	4011
under section 4723.83 of the Revised Code indicating that the	4012
individual has not been convicted of, has not pleaded guilty to,	4013
and has not had a judicial finding of guilt for violating section	4014
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	4015
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	4016
substantially similar law of another state, the United States, or	4017
another countryNot be ineligible for certification as specified	4018
in section 4723.092 of the Revised Code;	4019

(5) Not have committed any act that is grounds for	4020
disciplinary action under section 3123.47 of the Revised Code or	4021
rules adopted under division (F) of section 4723.88 of the Revised	4022
Code or, if such an act has been committed, be determined by the	4023
board to have made restitution, been rehabilitated, or both;	4024

(6) Not be required to register under Chapter 2950. of the	4025
Revised Code or a substantially similar law of another state, the	4026
United States, or another country;	4027

(7) Meet all other requirements the board specifies in rules	4028
adopted under section 4723.88 of the Revised Code.	4029

(B) In lieu of meeting the condition of completing a	4030
community health worker training program, an applicant may be	4031
issued a community health worker certificate if the individual was	4032
employed in a capacity substantially the same as a community	4033
health worker before the board implemented the certification	4034
programprior to February 1, 2005. To be eligible under this	4035
division, an applicant must meet the requirements specified in	4036
rules adopted by the board under section 4723.88 of the Revised	4037
Code and provide documentation from the employer attesting to the	4038
employer's belief that the applicant is competent to perform	4039
activities as a certified community health worker.	4040

Sec. 4723.87. (A) A person or government entity seeking to	4041
operate a training program that prepares individuals to become	4042
certified community health workers shall submit an application to	4043
the board of nursing on forms the board shall prescribe and	4044
furnish. The applicant shall include all information the board	4045
requires to process the application. The application shall be	4046
accompanied by the fee established in rules adopted under section	4047
4723.87 of the Revised Code.	4048

The board shall review all applications received. If an	4049
applicant meets the standards for approval established in the	4050
board's rules adopted under section 4723.88 of the Revised Code,	4051
the board shall approve the program.	4052

(B) The board's approval of a training program expires	4053
biennially and may be renewed in accordance with the schedule and	4054
procedures established by the board in rules adopted under section	4055
4723.88 of the Revised Code.	4056

(C) If an approved community health worker training program	4057
ceases to meet the standards for approval, the board shall	4058
withdraw its approval of the program, refuse to renew its approval	4059
of the program, or place the program on provisional approval. In	4060
withdrawing or refusing to renew its approval, the board shall act	4061
in accordance with Chapter 119. of the Revised Code. In placing a	4062
program on provisional approval, the board shall specify the	4063
period of time during which the provisional approval is valid. At	4064
Prior to or at the end of the period, the board shall reconsider	4065
whether the program meets the standards for approval. If the	4066
program meets the standards for approval, the board shall	4067
reinstate its full approval of the program or renew its approval	4068
of the program. If the program does not meet the standards for	4069
approval, the board shall proceed by withdrawing or refusing to	4070
renew its approval of the program.	4071

Sec. 4723.88. The board of nursing, in accordance with	4072
Chapter 119. of the Revised Code, shall adopt rules to administer	4073
and enforce sections 4723.81 to 4723.87 of the Revised Code. The	4074
rules shall establish all of the following:	4075

(A) Standards and procedures for issuance of community health	4076
worker certificates;	4077

(B) Standards for evaluating the competency of an individual	4078
who applies to receive a certificate on the basis of having been	4079
employed in a capacity substantially the same as a community	4080
health worker before the board implemented the certification	4081
program;	4082

(C) Standards and procedures for renewal of community health	4083
worker certificates, including the continuing education	4084
requirements that must be met for renewal;	4085

(D) Standards governing the performance of activities related	4086
to nursing care that are delegated by a registered nurse to	4087
certified community health workers. In establishing the standards,	4088
the board shall specify limits on the number of certified	4089
community health workers a registered nurse may supervise at any	4090
one time.	4091

(E) Standards and procedures for assessing the quality of the	4092
services that are provided by certified community health workers;	4093

(F) Standards and procedures for denying, suspending, and	4094
revoking a community health worker certificate, including reasons	4095
for imposing the sanctions that are substantially similar to the	4096
reasons that sanctions are imposed under section 4723.28 of the	4097
Revised Code;	4098

(G) Standards and procedures for approving and renewing the	4099
board's approval of training programs that prepare individuals to	4100
become certified community health workers. In establishing the	4101
standards, the board shall specify the minimum components that	4102
must be included in a training program, shall require that all	4103
approved training programs offer the standardized curriculum, and	4104
shall ensure that the curriculum enables individuals to use the	4105
training as a basis for entering programs leading to other	4106
careers, including nursing education programs.	4107

(H) Standards for approval of continuing education programs	4108
and courses for certified community health workers;	4109

(I) Standards and procedures for withdrawing the board's	4110
approval of a training program, refusing to renew the approval of	4111
a training program, and placing a training program on provisional	4112
approval;	4113

(I)(J) Amounts for each fee that may be imposed under	4114
division (A)(25)(21) of section 4723.08 of the Revised Code;	4115

(J)(K) Any other standards or procedures the board considers	4116
necessary and appropriate for the administration and enforcement	4117
of sections 4723.81 to 4723.87 of the Revised Code.	4118

Sec. 4723.99.  (A) Except as provided in division (B) of this	4119
section, whoever violates section 4723.03, 4723.44, 4723.653, or	4120
4723.73 of the Revised Code is guilty of a felony of the fifth	4121
degree on a first offense and a felony of the fourth degree on	4122
each subsequent offense.	4123

(B) AEach of the following is guilty of a minor misdemeanor:

4124

(1) A registered nurse or licensed practical nurse who	4125
violates division (A) or (B) of section 4723.03 of the Revised	4126
Code by reason of a license to practice nursing that has lapsed	4127
for failure to renew or by practicing nursing after a license has	4128
been classified as inactive is guilty of a minor misdemeanor;	4129

(2) A medication aide who violates section 4723.653 of the	4130
Revised Code by reason of a medication aide certificate that has	4131
lapsed for failure to renew or by administering medication as a	4132
medication aide after a certificate has been classified as	4133
inactive.	4134

Sec. 5111.88.  (A) As used in sections 5111.88 to 5111.8811	4135
of the Revised Code:	4136

(1) "Adult" means an individual at least eighteen years of	4137
age.	4138

(2) "Authorized representative" means the following:

4139

(a) In the case of a consumer who is a minor, the consumer's	4140
parent, custodian, or guardian;	4141

(b) In the case of a consumer who is an adult, an individual	4142
selected by the consumer pursuant to section 5111.8810 of the	4143
Revised Code to act on the consumer's behalf for purposes	4144
regarding home care attendant services.	4145

(3) "Authorizing health care professional" means a health	4146
care professional who, pursuant to section 5111.887 of the Revised	4147
Code, authorizes a home care attendant to assist a consumer with	4148
self-administration of medication, nursing tasks, or both.	4149

(4) "Consumer" means an individual to whom all of the	4150
following apply:	4151

(a) The individual is enrolled in a participating medicaid	4152
waiver component.	4153

(b) The individual has a medically determinable physical	4154
impairment to which both of the following apply:	4155

(i) It is expected to last for a continuous period of not	4156
less than twelve months.	4157

(ii) It causes the individual to require assistance with	4158
activities of daily living, self-care, and mobility, including	4159
either assistance with self-administration of medication or the	4160
performance of nursing tasks, or both.	4161

(c) In the case of an individual who is an adult, the	4162
individual is mentally alert and is, or has an authorized	4163
representative who is, capable of selecting, directing the actions	4164
of, and dismissing a home care attendant.	4165

(d) In the case of an individual who is a minor, the	4166
individual has an authorized representative who is capable of	4167
selecting, directing the actions of, and dismissing a home care	4168
attendant.	4169

(5) "Controlled substance" has the same meaning as in section	4170
3719.01 of the Revised Code.	4171

(6) "Custodian" has the same meaning as in section 2151.011	4172
of the Revised Code.	4173

(7) "Gastrostomy tube" means a percutaneously inserted	4174
catheter that terminates in the stomach.	4175

(8) "Guardian" has the same meaning as in section 2111.01 of	4176
the Revised Code.	4177

(9) "Health care professional" means a physician or	4178
registered nurse.	4179

(10) "Home care attendant" means an individual holding a	4180
valid medicaid provider agreement in accordance with section	4181
5111.881 of the Revised Code that authorizes the individual to	4182
provide home care attendant services to consumers.	4183

(11) "Home care attendant services" means all of the	4184
following as provided by a home care attendant:	4185

(a) Personal care aide services;

4186

(b) Assistance with the self-administration of medication;

4187

(c) Assistance with nursing tasks.

4188

(12) "Jejunostomy tube" means a percutaneously inserted	4189
catheter that terminates in the jejunum.	4190

(13) "Medicaid waiver component" has the same meaning as in	4191
section 5111.85 of the Revised Code.	4192

(14) "Medication" means a drug as defined in section 4729.01	4193
of the Revised Code.	4194

(15) "Minor" means an individual under eighteen years of age.

4195

(16) "Participating medicaid waiver component" means both of	4196
the following:	4197

(a) The Ohio home care program created under section 5111.861	4198
of the Revised Code;	4199

(b) The Ohio transitions II aging carve-out program created	4200
under section 5111.863 of the Revised Code.	4201

(17) "Physician" means an individual authorized under Chapter	4202
4731. of the Revised Code to practice medicine and surgery or	4203
osteopathic medicine and surgery.	4204

(18) "Practice of nursing as a registered nurse," "practice	4205
of nursing as a licensed practical nurse," and "registered nurse"	4206
have the same meanings as in section 4723.01 of the Revised Code.	4207
"Registered nurse" includes an advanced practice registered nurse,	4208
as defined in section 4723.01 of the Revised Code.	4209

(19) "Schedule II," "schedule III," "schedule IV," and	4210
"schedule V" have the same meanings as in section 3719.01 of the	4211
Revised Code.	4212

(B) The director of job and family services may submit	4213
requests to the United States secretary of health and human	4214
services to amend the federal medicaid waivers authorizing the	4215
participating medicaid waiver components to have those components	4216
cover home care attendant services in accordance with sections	4217
5111.88 to 5111.8810 of the Revised Code and rules adopted under	4218
section 5111.8811 of the Revised Code. Notwithstanding sections	4219
5111.881 to 5111.8811 of the Revised Code, those sections shall be	4220
implemented regarding a participating medicaid waiver component	4221
only if the secretary approves a waiver amendment for the	4222
component.	4223

Sec. 5120.55.  (A) As used in this section, "licensed health	4224
professional" means any or all of the following:	4225

(1) A dentist who holds a current, valid license issued under	4226
Chapter 4715. of the Revised Code to practice dentistry;	4227

(2) A licensed practical nurse who holds a current, valid	4228
license issued under Chapter 4723. of the Revised Code that	4229
authorizes the practice of nursing as a licensed practical nurse;	4230

(3) An optometrist who holds a current, valid certificate of	4231
licensure issued under Chapter 4725. of the Revised Code that	4232
authorizes the holder to engage in the practice of optometry;	4233

(4) A physician who is authorized under Chapter 4731. of the	4234
Revised Code to practice medicine and surgery, osteopathic	4235
medicine and surgery, or podiatrypodiatric medicine and surgery;	4236

(5) A psychologist who holds a current, valid license issued	4237
under Chapter 4732. of the Revised Code that authorizes the	4238
practice of psychology as a licensed psychologist;	4239

(6) A registered nurse who holds a current, valid license	4240
issued under Chapter 4723. of the Revised Code that authorizes the	4241
practice of nursing as a registered nurse regardless of whether	4242
the, including such a nurse who is also authorized to practice as	4243
an advanced practice registered nurse as defined in section	4244
4723.01 of the Revised Code.	4245

(B)(1) The department of rehabilitation and correction may	4246
establish a recruitment program under which the department, by	4247
means of a contract entered into under division (C) of this	4248
section, agrees to repay all or part of the principal and interest	4249
of a government or other educational loan incurred by a licensed	4250
health professional who agrees to provide services to inmates of	4251
correctional institutions under the department's administration.	4252

(2)(a) For a physician to be eligible to participate in the	4253
program, the physician must have attended a school that was,	4254
during the time of attendance, a medical school or osteopathic	4255
medical school in this country accredited by the liaison committee	4256
on medical education or the American osteopathic association, a	4257
college of podiatry in this country recognized as being in good	4258
standing under section 4731.53 of the Revised Code, or a medical	4259
school, osteopathic medical school, or college of podiatry located	4260
outside this country that was acknowledged by the world health	4261
organization and verified by a member state of that organization	4262
as operating within that state's jurisdiction.	4263

(b) For a nurse to be eligible to participate in the program,	4264
the nurse must have attended a school that was, during the time of	4265
attendance, a nursing school in this country accredited by the	4266
commission on collegiate nursing education or the national league	4267
for nursing accrediting commission or a nursing school located	4268
outside this country that was acknowledged by the world health	4269
organization and verified by a member state of that organization	4270
as operating within that state's jurisdiction.	4271

(c) For a dentist to be eligible to participate in the	4272
program, the dentist must have attended a school that was, during	4273
the time of attendance, a dental college that enabled the dentist	4274
to meet the requirements specified in section 4715.10 of the	4275
Revised Code to be granted a license to practice dentistry.	4276

(d) For an optometrist to be eligible to participate in the	4277
program, the optometrist must have attended a school of optometry	4278
that was, during the time of attendance, approved by the state	4279
board of optometry.	4280

(e) For a psychologist to be eligible to participate in the	4281
program, the psychologist must have attended an educational	4282
institution that, during the time of attendance, maintained a	4283
specific degree program recognized by the state board of	4284
psychology as acceptable for fulfilling the requirement of	4285
division (B)(4) of section 4732.10 of the Revised Code.	4286

(C) The department shall enter into a contract with each	4287
licensed health professional it recruits under this section. Each	4288
contract shall include at least the following terms:	4289

(1) The licensed health professional agrees to provide a	4290
specified scope of medical, osteopathic medical, podiatric,	4291
optometric, psychological, nursing, or dental services to inmates	4292
of one or more specified state correctional institutions for a	4293
specified number of hours per week for a specified number of	4294
years.	4295

(2) The department agrees to repay all or a specified portion	4296
of the principal and interest of a government or other educational	4297
loan taken by the licensed health professional for the following	4298
expenses to attend, for up to a maximum of four years, a school	4299
that qualifies the licensed health professional to participate in	4300
the program:	4301

(a) Tuition;

4302

(b) Other educational expenses for specific purposes,	4303
including fees, books, and laboratory expenses, in amounts	4304
determined to be reasonable in accordance with rules adopted under	4305
division (D) of this section;	4306

(c) Room and board, in an amount determined to be reasonable	4307
in accordance with rules adopted under division (D) of this	4308
section.	4309

(3) The licensed health professional agrees to pay the	4310
department a specified amount, which shall be no less than the	4311
amount already paid by the department pursuant to its agreement,	4312
as damages if the licensed health professional fails to complete	4313
the service obligation agreed to or fails to comply with other	4314
specified terms of the contract. The contract may vary the amount	4315
of damages based on the portion of the service obligation that	4316
remains uncompleted.	4317

(4) Other terms agreed upon by the parties.

4318

The licensed health professional's lending institution or the	4319
Ohio board of regents, may be a party to the contract. The	4320
contract may include an assignment to the department of the	4321
licensed health professional's duty to repay the principal and	4322
interest of the loan.	4323

(D) If the department elects to implement the recruitment	4324
program, it shall adopt rules in accordance with Chapter 119. of	4325
the Revised Code that establish all of the following:	4326

(1) Criteria for designating institutions for which licensed	4327
health professionals will be recruited;	4328

(2) Criteria for selecting licensed health professionals for	4329
participation in the program;	4330

(3) Criteria for determining the portion of a loan which the	4331
department will agree to repay;	4332

(4) Criteria for determining reasonable amounts of the	4333
expenses described in divisions (C)(2)(b) and (c) of this section;	4334

(5) Procedures for monitoring compliance by a licensed health	4335
professional with the terms of the contract the licensed health	4336
professional enters into under this section;	4337

(6) Any other criteria or procedures necessary to implement	4338
the program.	4339

Section 2. That existing sections 2305.113, 2711.22, 3963.01,	4340
4503.44, 4723.01, 4723.03, 4723.06, 4723.07, 4723.08, 4723.09,	4341
4723.17, 4723.171, 4723.24, 4723.271, 4723.28, 4723.32, 4723.34,	4342
4723.35, 4723.41, 4723.42, 4723.43, 4723.431, 4723.44, 4723.48,	4343
4723.482, 4723.485, 4723.61, 4723.64, 4723.65, 4723.651, 4723.652,	4344
4723.66, 4723.67, 4723.68, 4723.69, 4723.71, 4723.72, 4723.73,	4345
4723.74, 4723.75, 4723.751, 4723.76, 4723.77, 4723.79, 4723.83,	4346
4723.84, 4723.87, 4723.88, 4723.99, 5111.88, and 5120.55 and	4347
sections 4723.483, 4723.62, 4723.621, 4723.63, and 4723.78 of	4348
the Revised Code are hereby repealed.	4349