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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 |
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 | 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 | 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 | 791 |
792 | |
793 | |
condition that the licensed practical nurse | 794 |
795 | |
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 | 802 |
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 | 835 |
836 | |
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 | 883 |
884 | |
dialysis technician | 885 |
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 | 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 | 964 |
educational programs of the schools of | 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 |
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 | 984 |
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. | 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 | 1003 |
under standards established in rules adopted under | 1004 |
sections 4723.07, 4723.69, 4723.79, and 4723.88 of the Revised | 1005 |
Code; | 1006 |
(9) | 1007 |
1008 | |
1009 |
| 1010 |
in accordance with section 4723.35 of the Revised Code; | 1011 |
| 1012 |
program in accordance with section 4723.282 of the Revised Code; | 1013 |
| 1014 |
practice nursing as a certified registered nurse anesthetist, | 1015 |
clinical nurse specialist, certified nurse-midwife, or certified | 1016 |
nurse practitioner; | 1017 |
| 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 |
| 1023 |
accordance with sections 4723.48 and 4723.486 of the Revised Code; | 1024 |
| 1025 |
study required by section 4723.482 of the Revised Code to be | 1026 |
eligible for a certificate to prescribe; | 1027 |
| 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 |
| 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 |
| 1038 |
be open for public inspection; | 1039 |
| 1040 |
following records: | 1041 |
(a) A record of all its meetings and proceedings; | 1042 |
(b) A | 1043 |
1044 | |
1045 | |
1046 | |
by the board under this chapter | 1047 |
1048 | |
rules adopted under this chapter. The record shall be maintained | 1049 |
in a format determined by the board. | 1050 |
(c) A list of | 1051 |
programs approved by the board | 1052 |
| 1053 |
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 | 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 | 1109 |
licenses | 1110 |
1111 | |
licenses | 1112 |
1113 |
(H) Conditions that may be imposed for reinstatement of a | 1114 |
1115 | |
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) | 1119 |
1120 | |
1121 |
| 1122 |
administration by licensed practical nurses; | 1123 |
| 1124 |
applicant for a license to practice nursing as a registered nurse | 1125 |
1126 | |
or a certificate of authority issued under division | 1127 |
section 4723.41 of the Revised Code | 1128 |
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 |
| 1133 |
that shall be used by each | 1134 |
licensee or | 1135 |
1136 | |
The rules shall define and establish requirements for universal | 1137 |
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 |
| 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 |
| 1151 |
nurse anesthetists, clinical nurse specialists, certified | 1152 |
nurse-midwives, or certified nurse practitioners; | 1153 |
| 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 |
| 1159 |
specialists who | 1160 |
to practice as a clinical nurse specialist under division (C) of | 1161 |
section 4723.41 of the Revised Code | 1162 |
1163 | |
time before the effective date of this amendment; | 1164 |
| 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 | 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, | 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 | 1199 |
1200 | |
1201 | |
1202 | |
that division, twenty-five dollars; | 1203 |
(9) | 1204 |
1205 | |
1206 |
| 1207 |
1208 |
| 1209 |
1210 | |
1211 | |
1212 | |
1213 |
| 1214 |
to practice nursing as a certified registered nurse anesthetist, | 1215 |
clinical nurse specialist, certified nurse-midwife, or certified | 1216 |
nurse practitioner | 1217 |
eighty-five dollars; | 1218 |
| 1219 |
dollars; | 1220 |
| 1221 |
certificate, the amount specified in rules adopted under section | 1222 |
4723.79 of the Revised Code; | 1223 |
| 1224 |
nursing license, certificate of authority, or dialysis technician | 1225 |
certificate, fifty dollars; | 1226 |
| 1227 |
continuing nursing education programs and courses from an | 1228 |
applicant accredited by a national accreditation system for | 1229 |
nursing, five hundred dollars; | 1230 |
| 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 |
| 1235 |
continuing nursing education programs and courses is renewed, one | 1236 |
hundred fifty dollars; | 1237 |
| 1238 |
training program, the amount specified in rules adopted under | 1239 |
section 4723.79 of the Revised Code; | 1240 |
| 1241 |
1242 | |
issued under this chapter, one hundred dollars except as provided | 1243 |
in section 5903.10 of the Revised Code; | 1244 |
| 1245 |
1246 | |
the verification is performed for purposes other than providing | 1247 |
verification to another jurisdiction, five dollars; | 1248 |
| 1249 |
financial institution | 1250 |
| 1251 |
1252 | |
1253 |
| 1254 |
1255 |
| 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, | 1259 |
1260 | |
1261 | |
1262 | |
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 | 1280 |
1281 | |
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 | 1294 |
a nursing education program approved by the board | 1295 |
1296 | |
the Revised Code or by a board | 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 | 1310 |
1311 | |
1312 | |
1313 | |
1314 | |
1315 | |
1316 | |
1317 | |
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 | 1338 |
1339 | |
include evidence that the applicant holds a current, valid, and | 1340 |
unrestricted license | 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 | 1345 |
shall include any other information required by rules of the board | 1346 |
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 | 1351 |
1352 | |
1353 | |
the following apply: | 1354 |
| 1355 |
applicant | 1356 |
1357 | |
applicant has successfully completed a nursing education | 1358 |
1359 | |
section
| 1360 |
another jurisdiction that is a member of the national council of | 1361 |
state boards of nursing. | 1362 |
| 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 |
| 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 | 1372 |
1373 | |
1374 | |
1375 | |
1376 | |
1377 | |
1378 | |
1379 | |
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 |
| 1384 |
any act that is grounds for disciplinary action under section | 1385 |
3123.47 | 1386 |
determines that an applicant who has committed any act that is | 1387 |
grounds for disciplinary action under | 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 |
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 | 1405 |
the applicant indicates that the applicant | 1406 |
1407 | |
1408 | |
1409 | |
1410 | |
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 |
| 1417 |
1418 | |
1419 | |
1420 | |
1421 | |
1422 | |
1423 | |
1424 | |
1425 | |
1426 | |
1427 | |
1428 | |
1429 | |
1430 | |
1431 | |
1432 | |
1433 |
| 1434 |
1435 | |
1436 | |
1437 | |
1438 |
| 1439 |
1440 | |
1441 | |
1442 | |
1443 | |
1444 | |
1445 |
| 1446 |
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 |
| 1521 |
authorize a licensed practical nurse to administer to an adult | 1522 |
intravenous therapy | 1523 |
1524 | |
1525 | |
nurse | 1526 |
1527 | |
evidence satisfactory to the board that all of the following
| 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 | 1534 |
1535 | |
performance of intravenous therapy approved by the board | 1536 |
1537 | |
1538 | |
1539 | |
1540 | |
1541 |
| 1542 |
| 1543 |
1544 | |
1545 |
| 1546 |
1547 | |
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 |
| 1554 |
forty hours of training that includes all of the following: | 1555 |
(a) The curriculum established by rules adopted by the board | 1556 |
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 | 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 | 1571 |
1572 |
| 1573 |
1574 | |
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 | 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 | 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 |
1634 |
(i) Initiate an intravenous infusion containing one or more | 1635 |
of the following elements: dextrose 5% | 1636 |
ringers | 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 |
| 1643 |
1644 | |
1645 |
(iii) Initiate or maintain an intravenous | 1646 |
containing an antibiotic additive | 1647 |
| 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) | 1653 |
| 1654 |
1655 | |
1656 | |
1657 | |
1658 |
| 1659 |
controlled infusion pump. | 1660 |
(E) Notwithstanding | 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 | 1671 |
1672 |
(5) The intermittent injection of a dose of medication | 1673 |
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 |
| 1681 |
1682 | |
1683 | |
1684 | |
1685 | |
1686 | |
1687 | |
1688 |
| 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 | 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) | 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 | 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 |
| 1762 |
1763 | |
the board shall verify | 1764 |
renewal 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 | 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, | 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 |
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 | 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. | 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
| 1849 |
1850 | |
1851 | |
1852 | |
1853 | |
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 | 1866 |
1867 | |
1868 | |
following sanctions if it finds that a person committed fraud in | 1869 |
passing an examination required to obtain | 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
| 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) | 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 | 1934 |
substances, other habit-forming drugs, or alcohol or other | 1935 |
chemical substances to an extent that impairs | 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 | 1941 |
alcohol, or other chemical substances | 1942 |
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) | 1949 |
attempted misappropriation of money or anything of value | 1950 |
1951 | |
of practice; | 1952 |
(14) Adjudication by a probate court of being mentally ill or | 1953 |
mentally incompetent. The board may | 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 | 1964 |
(18) Failure to use universal | 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 | 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 | 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 | 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 |
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 | 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 |
| 2222 |
2223 | |
2224 | |
2225 | |
2226 | |
2227 | |
2228 | |
2229 | |
2230 | |
2231 | |
2232 |
| 2233 |
2234 | |
2235 | |
2236 | |
2237 | |
2238 | |
2239 | |
2240 | |
2241 | |
2242 | |
2243 | |
2244 | |
2245 | |
2246 |
| 2247 |
2248 | |
2249 | |
2250 | |
2251 | |
2252 | |
2253 |
| 2254 |
2255 | |
2256 | |
2257 | |
2258 | |
2259 | |
2260 | |
2261 | |
2262 | |
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 | 2299 |
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 |
2349 | |
medication aide and the medication is administered in accordance | 2350 |
with section 4723.67 of the Revised Code. | 2351 |
Sec. 4723.34. (A) | 2352 |
2353 |
| 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, | 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 | 2364 |
2365 | |
2366 | |
2367 | |
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 |
| 2372 |
2373 | |
2374 | |
2375 | |
2376 | |
2377 |
| 2378 |
2379 | |
2380 | |
2381 | |
2382 |
| 2383 |
2384 | |
2385 | |
2386 | |
2387 | |
2388 | |
2389 | |
2390 | |
2391 | |
2392 | |
2393 |
| 2394 |
2395 | |
2396 | |
2397 | |
2398 | |
2399 | |
2400 | |
2401 | |
2402 | |
2403 |
| 2404 |
2405 | |
2406 | |
2407 | |
2408 | |
2409 | |
2410 | |
2411 | |
2412 |
| 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 | 2422 |
nursing of the charge. With regard to certified community health | 2423 |
workers and medication aides, | 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 | 2430 |
the board of the charge. | 2431 |
Each notification | 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 |
| 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 | 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 | 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 | 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 |
| 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 | 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 | 2523 |
2524 | |
2525 | |
for admission. After being admitted, the participant shall sign a | 2526 |
waiver permitting the
| 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 | 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 | 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 | 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
| 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 |
| 2556 |
2557 | |
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
| 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 | 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 | 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 | 2585 |
| 2586 |
2587 | |
2588 | |
2589 | |
2590 |
| 2591 |
2592 | |
2593 | |
2594 | |
2595 | |
2596 | |
2597 | |
2598 |
| 2599 |
2600 | |
2601 | |
2602 | |
2603 |
| 2604 |
2605 | |
2606 | |
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. | 2629 |
2630 | |
2631 | |
2632 | |
2633 | |
2634 | |
2635 | |
2636 | |
2637 |
| 2638 |
2639 | |
2640 | |
2641 | |
2642 | |
2643 | |
2644 | |
2645 | |
2646 | |
2647 |
| 2648 |
2649 | |
2650 |
| 2651 |
2652 | |
2653 | |
2654 | |
2655 |
| 2656 |
2657 | |
2658 | |
2659 | |
2660 |
| 2661 |
2662 | |
2663 | |
2664 | |
2665 | |
2666 | |
2667 | |
2668 | |
2669 | |
2670 |
| 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. | 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 |
| 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, | 2698 |
2699 | |
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, | 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 | 2710 |
2711 | |
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) | 2765 |
2766 | |
holder has maintained certification in the nursing specialty with | 2767 |
a national certifying organization | 2768 |
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 |
| 2781 |
2782 | |
2783 | |
2784 | |
2785 | |
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 |
| 2800 |
2801 | |
2802 | |
2803 | |
2804 | |
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. | 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 | 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 | 3069 |
3070 | |
3071 | |
3072 | |
3073 | |
3074 | |
3075 | |
3076 | |
3077 |
| 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) | 3089 |
Evidence of holding a current, valid certificate of authority | 3090 |
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) | 3095 |
3096 | |
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) | 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) | 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) | 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. | 3214 |
(2) An externship certificate may be extended beyond the | 3215 |
period for | 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 |
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. | 3244 |
3245 | |
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. | 3256 |
medication aide shall apply to the board of nursing on a form | 3257 |
prescribed and provided by the board. | 3258 |
3259 | |
3260 | |
3261 | |
accompanied by the certification fee established in rules adopted | 3262 |
under section 4723.69 of the Revised Code. | 3263 |
| 3264 |
3265 | |
3266 | |
3267 | |
3268 | |
3269 | |
3270 | |
3271 | |
3272 | |
3273 | |
3274 | |
3275 | |
3276 | |
3277 | |
3278 | |
3279 | |
3280 | |
3281 | |
3282 |
| 3283 |
3284 | |
3285 | |
3286 | |
3287 | |
3288 |
| 3289 |
3290 | |
3291 | |
3292 |
| 3293 |
3294 | |
3295 |
| 3296 |
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) | 3317 |
3318 | |
3319 | |
3320 | |
3321 | |
3322 | |
3323 | |
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. | 3394 |
3395 | |
3396 | |
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 | 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 | 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) | 3491 |
3492 | |
3493 | |
sections 4723.61 to 4723.68 of the Revised Code. | 3494 |
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 | 3502 |
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) | 3514 |
3515 |
| 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 | 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 | 3546 |
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 | 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) | 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 | 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,
| 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. | 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 | 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 | 3601 |
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 | 3610 |
technician or intern may add electrolytes but no other additives | 3611 |
or medications; | 3612 |
(5) Oxygen | 3613 |
3614 |
Sec. 4723.73. (A) No person | 3615 |
3616 | |
current, valid certificate issued under section 4723.75 or renewed | 3617 |
under section 4723.77 | 3618 |
3619 | |
of the following: | 3620 |
(1) Claim to the public to be a dialysis technician; | 3621 |
| 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 | 3625 |
3626 | |
3627 |
| 3628 |
technician intern certificate issued under section 4723.76 of the | 3629 |
Revised Code shall | 3630 |
(1) Claim to the public to be a dialysis technician intern; | 3631 |
(2) Use the title | 3632 |
initials "DTI," or any other title or initials to represent that | 3633 |
the person is authorized to perform dialysis care as a
| 3634 |
3635 | |
3636 | |
3637 |
| 3638 |
shall engage in dialysis care in a manner that is inconsistent | 3639 |
with section 4723.72 of the Revised Code. | 3640 |
| 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 | 3644 |
(1) | 3645 |
nurse | 3646 |
(2) | 3647 |
(3) | 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) | 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) | 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 |
| 3694 |
enroll, and shall not enroll, in a dialysis training program | 3695 |
approved by the board under
| 3696 |
the | 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 | 3701 |
applicant who meets | 3702 |
(1) For all | 3703 |
application is submitted to the board in accordance with rules | 3704 |
adopted under section 4723.79 of the Revised Code and includes | 3705 |
3706 |
(a) The fee established in
| 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 | 3712 |
the requirements established by the board's rules. | 3713 |
(3) For all | 3714 |
demonstrates competency to practice as a dialysis technician, as | 3715 |
specified
| 3716 |
(4) For | 3717 |
program on or after June 1, 2003, the results of a criminal | 3718 |
records check | 3719 |
3720 | |
3721 | |
3722 | |
3723 | |
3724 | |
3725 | |
3726 | |
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 | 3731 |
practice as a dialysis technician, one of the following must | 3732 |
apply: | 3733 |
(1) The | 3734 |
| 3735 |
dialysis training program approved by the board under section | 3736 |
4723.74 of the Revised Code | 3737 |
| 3738 |
the following requirements: | 3739 |
(a) Has performed dialysis care | 3740 |
for not less than twelve months immediately prior to the date of | 3741 |
application | 3742 |
| 3743 |
(b) Has passed a certification examination demonstrating | 3744 |
competence to perform dialysis care | 3745 |
3746 | |
successfully completing a dialysis training program approved by | 3747 |
the board under section 4723.74 of the Revised Code. | 3748 |
3749 | |
3750 | |
3751 | |
3752 | |
3753 | |
3754 | |
3755 | |
3756 | |
3757 | |
3758 | |
3759 | |
3760 |
(2) The | 3761 |
| 3762 |
3763 | |
3764 | |
3765 | |
3766 | |
3767 |
| 3768 |
3769 | |
3770 | |
3771 |
| 3772 |
3773 | |
3774 | |
3775 | |
3776 | |
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) | 3790 |
3791 | |
3792 | |
3793 | |
3794 | |
3795 | |
3796 | |
3797 | |
3798 | |
3799 | |
3800 | |
3801 | |
3802 | |
3803 | |
3804 | |
3805 | |
3806 |
| 3807 |
3808 | |
3809 | |
3810 | |
3811 |
| 3812 |
3813 | |
3814 | |
3815 | |
3816 |
| 3817 |
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. | 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 |
| 3844 |
3845 | |
3846 | |
3847 |
Sec. 4723.76. (A) The board of nursing shall issue a | 3848 |
3849 | |
to | 3850 |
technician certification examination required by section 4723.751 | 3851 |
of the Revised Code, but who
| 3852 |
requirements: | 3853 |
(1) | 3854 |
with rules adopted under section 4723.79 of the Revised Code and | 3855 |
includes with the application | 3856 |
(a) The fee established in | 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) | 3862 |
3863 | |
3864 |
(3) | 3865 |
| 3866 |
training program approved by the board of nursing under section | 3867 |
4723.74 of the Revised Code. | 3868 |
| 3869 |
3870 | |
3871 |
| 3872 |
3873 | |
3874 | |
3875 |
(B) A | 3876 |
to | 3877 |
division (A) | 3878 |
that is eighteen months from the date on which the
| 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 |
| 3884 |
3885 | |
3886 | |
3887 |
| 3888 |
3889 | |
3890 | |
3891 | |
3892 | |
3893 | |
3894 | |
3895 | |
3896 |
(C) A | 3897 |
under this section may not be renewed | 3898 |
3899 | |
3900 | |
3901 | |
3902 | |
3903 | |
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 | 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 |
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 |
3947 | |
charged under division (A) | 3948 |
Revised Code
| 3949 |
3950 |
(G) Standards | 3951 |
3952 | |
3953 | |
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) | 3960 |
3961 |
| 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 |
| 3966 |
administration and enforcement of sections 4723.71 to 4723.79 of | 3967 |
the Revised Code. | 3968 |
Sec. 4723.83. | 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 |
| 3976 |
3977 | |
3978 | |
3979 | |
3980 | |
3981 | |
3982 | |
3983 | |
3984 | |
3985 | |
3986 | |
3987 | |
3988 | |
3989 | |
3990 | |
3991 |
| 3992 |
3993 | |
3994 | |
3995 | |
3996 |
| 3997 |
3998 | |
3999 |
| 4000 |
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) | 4011 |
4012 | |
4013 | |
4014 | |
4015 | |
4016 | |
4017 | |
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 | 4034 |
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. | 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 |
| 4114 |
division (A) | 4115 |
| 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)
| 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 | 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 | 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 | 4242 |
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 |