|
|
To amend sections 109.57, 1337.11, 2133.01, 2305.113, | 1 |
2305.234, 2317.54, 2711.22, 3701.881, 3701.92, | 2 |
3701.923, 3701.924, 3701.925, 3701.926, 3701.927, | 3 |
3701.928, 3701.929, 3712.01, 3712.03, 3712.09, | 4 |
3712.99, 3721.01, 3793.11, 3795.01, 3963.01, | 5 |
4503.44, 4719.01, 4723.01, 4723.03, 4723.06, | 6 |
4723.063, 4723.07, 4723.08, 4723.09, 4723.17, | 7 |
4723.171, 4723.24, 4723.271, 4723.28, 4723.32, | 8 |
4723.34, 4723.35, 4723.41, 4723.42, 4723.43, | 9 |
4723.431, 4723.44, 4723.48, 4723.482, 4723.485, | 10 |
4723.487, 4723.50, 4723.61, 4723.64, 4723.65, | 11 |
4723.651, 4723.652, 4723.66, 4723.67, 4723.68, | 12 |
4723.69, 4723.71, 4723.72, 4723.73, 4723.74, | 13 |
4723.75, 4723.751, 4723.76, 4723.77, 4723.79, | 14 |
4723.83, 4723.84, 4723.87, 4723.88, 4723.99, | 15 |
4752.02, 4759.01, 4759.03, 4759.05, 4759.06, | 16 |
4759.10, 5111.222, 5111.231, 5111.24, 5111.242, | 17 |
5111.246, 5111.25, 5111.88, 5111.981, 5119.22, and | 18 |
5120.55; to amend, for the purpose of adopting new | 19 |
section numbers as indicated in parentheses, | 20 |
sections 4723.17 (4723.18) and 4723.171 | 21 |
(4723.181); to enact new section 4723.17 and | 22 |
sections 3712.031, 3712.041, 3712.051, 3712.061, | 23 |
4723.091, 4723.092, 4723.19, 4723.653, and | 24 |
5111.982; to repeal sections 4723.483, 4723.62, | 25 |
4723.621, 4723.63, and 4723.78 of the Revised | 26 |
Code; and to amend Section 3.19 of Am. Sub. H.B. | 27 |
95 of the 125th General Assembly to revise the | 28 |
laws administered by the Board of Nursing and the | 29 |
professionals regulated by the Board; to update | 30 |
statutory references to professional organizations | 31 |
of dietitians; to extend qualified immunity from | 32 |
civil liability for volunteer services provided by | 33 |
certain behavioral health professionals; to modify | 34 |
the requirements for licensure of methadone | 35 |
treatment programs; to make changes in the laws | 36 |
governing certain Medicaid payments for nursing | 37 |
facility services; to authorize certain | 38 |
assessments of persons with intellectual | 39 |
disabilities residing in intermediate care | 40 |
facilities; to enact "Sarah's Law" regarding the | 41 |
licensure of pediatric respite care programs, to | 42 |
amend the version of section 109.57 of the Revised | 43 |
Code that is scheduled to take effect on January | 44 |
1, 2014, to continue amendments made by this act | 45 |
to that section; and to declare an emergency. | 46 |
Section 1. That sections 109.57, 1337.11, 2133.01, 2305.113, | 47 |
2305.234, 2317.54, 2711.22, 3701.881, 3701.92, 3701.923, 3701.924, | 48 |
3701.925, 3701.926, 3701.927, 3701.928, 3701.929, 3712.01, | 49 |
3712.03, 3712.09, 3712.99, 3721.01, 3793.11, 3795.01, 3963.01, | 50 |
4503.44, 4719.01, 4723.01, 4723.03, 4723.06, 4723.063, 4723.07, | 51 |
4723.08, 4723.09, 4723.17, 4723.171, 4723.24, 4723.271, 4723.28, | 52 |
4723.32, 4723.34, 4723.35, 4723.41, 4723.42, 4723.43, 4723.431, | 53 |
4723.44, 4723.48, 4723.482, 4723.485, 4723.487, 4723.50, 4723.61, | 54 |
4723.64, 4723.65, 4723.651, 4723.652, 4723.66, 4723.67, 4723.68, | 55 |
4723.69, 4723.71, 4723.72, 4723.73, 4723.74, 4723.75, 4723.751, | 56 |
4723.76, 4723.77, 4723.79, 4723.83, 4723.84, 4723.87, 4723.88, | 57 |
4723.99, 4752.02, 4759.01, 4759.03, 4759.05, 4759.06, 4759.10, | 58 |
5111.222, 5111.231, 5111.24, 5111.242, 5111.246, 5111.25, 5111.88, | 59 |
5111.981, 5119.22, and 5120.55 be amended; sections 4723.17 | 60 |
(4723.18) and 4723.171 (4723.181) be amended for the purpose of | 61 |
adopting new section numbers as indicated in parentheses; and new | 62 |
section 4723.17 and sections 3712.031, 3712.041, 3712.051, | 63 |
3712.061, 4723.091, 4723.092, 4723.19, 4723.653, and 5111.982 of | 64 |
the Revised Code be enacted to read as follows: | 65 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 66 |
criminal identification and investigation shall procure from | 67 |
wherever procurable and file for record photographs, pictures, | 68 |
descriptions, fingerprints, measurements, and other information | 69 |
that may be pertinent of all persons who have been convicted of | 70 |
committing within this state a felony, any crime constituting a | 71 |
misdemeanor on the first offense and a felony on subsequent | 72 |
offenses, or any misdemeanor described in division (A)(1)(a), | 73 |
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of | 74 |
all children under eighteen years of age who have been adjudicated | 75 |
delinquent children for committing within this state an act that | 76 |
would be a felony or an offense of violence if committed by an | 77 |
adult or who have been convicted of or pleaded guilty to | 78 |
committing within this state a felony or an offense of violence, | 79 |
and of all well-known and habitual criminals. The person in charge | 80 |
of any county, multicounty, municipal, municipal-county, or | 81 |
multicounty-municipal jail or workhouse, community-based | 82 |
correctional facility, halfway house, alternative residential | 83 |
facility, or state correctional institution and the person in | 84 |
charge of any state institution having custody of a person | 85 |
suspected of having committed a felony, any crime constituting a | 86 |
misdemeanor on the first offense and a felony on subsequent | 87 |
offenses, or any misdemeanor described in division (A)(1)(a), | 88 |
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or | 89 |
having custody of a child under eighteen years of age with respect | 90 |
to whom there is probable cause to believe that the child may have | 91 |
committed an act that would be a felony or an offense of violence | 92 |
if committed by an adult shall furnish such material to the | 93 |
superintendent of the bureau. Fingerprints, photographs, or other | 94 |
descriptive information of a child who is under eighteen years of | 95 |
age, has not been arrested or otherwise taken into custody for | 96 |
committing an act that would be a felony or an offense of violence | 97 |
who is not in any other category of child specified in this | 98 |
division, if committed by an adult, has not been adjudicated a | 99 |
delinquent child for committing an act that would be a felony or | 100 |
an offense of violence if committed by an adult, has not been | 101 |
convicted of or pleaded guilty to committing a felony or an | 102 |
offense of violence, and is not a child with respect to whom there | 103 |
is probable cause to believe that the child may have committed an | 104 |
act that would be a felony or an offense of violence if committed | 105 |
by an adult shall not be procured by the superintendent or | 106 |
furnished by any person in charge of any county, multicounty, | 107 |
municipal, municipal-county, or multicounty-municipal jail or | 108 |
workhouse, community-based correctional facility, halfway house, | 109 |
alternative residential facility, or state correctional | 110 |
institution, except as authorized in section 2151.313 of the | 111 |
Revised Code. | 112 |
(2) Every clerk of a court of record in this state, other | 113 |
than the supreme court or a court of appeals, shall send to the | 114 |
superintendent of the bureau a weekly report containing a summary | 115 |
of each case involving a felony, involving any crime constituting | 116 |
a misdemeanor on the first offense and a felony on subsequent | 117 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 118 |
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or | 119 |
involving an adjudication in a case in which a child under | 120 |
eighteen years of age was alleged to be a delinquent child for | 121 |
committing an act that would be a felony or an offense of violence | 122 |
if committed by an adult. The clerk of the court of common pleas | 123 |
shall include in the report and summary the clerk sends under this | 124 |
division all information described in divisions (A)(2)(a) to (f) | 125 |
of this section regarding a case before the court of appeals that | 126 |
is served by that clerk. The summary shall be written on the | 127 |
standard forms furnished by the superintendent pursuant to | 128 |
division (B) of this section and shall include the following | 129 |
information: | 130 |
(a) The incident tracking number contained on the standard | 131 |
forms furnished by the superintendent pursuant to division (B) of | 132 |
this section; | 133 |
(b) The style and number of the case; | 134 |
(c) The date of arrest, offense, summons, or arraignment; | 135 |
(d) The date that the person was convicted of or pleaded | 136 |
guilty to the offense, adjudicated a delinquent child for | 137 |
committing the act that would be a felony or an offense of | 138 |
violence if committed by an adult, found not guilty of the | 139 |
offense, or found not to be a delinquent child for committing an | 140 |
act that would be a felony or an offense of violence if committed | 141 |
by an adult, the date of an entry dismissing the charge, an entry | 142 |
declaring a mistrial of the offense in which the person is | 143 |
discharged, an entry finding that the person or child is not | 144 |
competent to stand trial, or an entry of a nolle prosequi, or the | 145 |
date of any other determination that constitutes final resolution | 146 |
of the case; | 147 |
(e) A statement of the original charge with the section of | 148 |
the Revised Code that was alleged to be violated; | 149 |
(f) If the person or child was convicted, pleaded guilty, or | 150 |
was adjudicated a delinquent child, the sentence or terms of | 151 |
probation imposed or any other disposition of the offender or the | 152 |
delinquent child. | 153 |
If the offense involved the disarming of a law enforcement | 154 |
officer or an attempt to disarm a law enforcement officer, the | 155 |
clerk shall clearly state that fact in the summary, and the | 156 |
superintendent shall ensure that a clear statement of that fact is | 157 |
placed in the bureau's records. | 158 |
(3) The superintendent shall cooperate with and assist | 159 |
sheriffs, chiefs of police, and other law enforcement officers in | 160 |
the establishment of a complete system of criminal identification | 161 |
and in obtaining fingerprints and other means of identification of | 162 |
all persons arrested on a charge of a felony, any crime | 163 |
constituting a misdemeanor on the first offense and a felony on | 164 |
subsequent offenses, or a misdemeanor described in division | 165 |
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the | 166 |
Revised Code and of all children under eighteen years of age | 167 |
arrested or otherwise taken into custody for committing an act | 168 |
that would be a felony or an offense of violence if committed by | 169 |
an adult. The superintendent also shall file for record the | 170 |
fingerprint impressions of all persons confined in a county, | 171 |
multicounty, municipal, municipal-county, or multicounty-municipal | 172 |
jail or workhouse, community-based correctional facility, halfway | 173 |
house, alternative residential facility, or state correctional | 174 |
institution for the violation of state laws and of all children | 175 |
under eighteen years of age who are confined in a county, | 176 |
multicounty, municipal, municipal-county, or multicounty-municipal | 177 |
jail or workhouse, community-based correctional facility, halfway | 178 |
house, alternative residential facility, or state correctional | 179 |
institution or in any facility for delinquent children for | 180 |
committing an act that would be a felony or an offense of violence | 181 |
if committed by an adult, and any other information that the | 182 |
superintendent may receive from law enforcement officials of the | 183 |
state and its political subdivisions. | 184 |
(4) The superintendent shall carry out Chapter 2950. of the | 185 |
Revised Code with respect to the registration of persons who are | 186 |
convicted of or plead guilty to a sexually oriented offense or a | 187 |
child-victim oriented offense and with respect to all other duties | 188 |
imposed on the bureau under that chapter. | 189 |
(5) The bureau shall perform centralized recordkeeping | 190 |
functions for criminal history records and services in this state | 191 |
for purposes of the national crime prevention and privacy compact | 192 |
set forth in section 109.571 of the Revised Code and is the | 193 |
criminal history record repository as defined in that section for | 194 |
purposes of that compact. The superintendent or the | 195 |
superintendent's designee is the compact officer for purposes of | 196 |
that compact and shall carry out the responsibilities of the | 197 |
compact officer specified in that compact. | 198 |
(B) The superintendent shall prepare and furnish to every | 199 |
county, multicounty, municipal, municipal-county, or | 200 |
multicounty-municipal jail or workhouse, community-based | 201 |
correctional facility, halfway house, alternative residential | 202 |
facility, or state correctional institution and to every clerk of | 203 |
a court in this state specified in division (A)(2) of this section | 204 |
standard forms for reporting the information required under | 205 |
division (A) of this section. The standard forms that the | 206 |
superintendent prepares pursuant to this division may be in a | 207 |
tangible format, in an electronic format, or in both tangible | 208 |
formats and electronic formats. | 209 |
(C)(1) The superintendent may operate a center for | 210 |
electronic, automated, or other data processing for the storage | 211 |
and retrieval of information, data, and statistics pertaining to | 212 |
criminals and to children under eighteen years of age who are | 213 |
adjudicated delinquent children for committing an act that would | 214 |
be a felony or an offense of violence if committed by an adult, | 215 |
criminal activity, crime prevention, law enforcement, and criminal | 216 |
justice, and may establish and operate a statewide communications | 217 |
network to be known as the Ohio law enforcement gateway to gather | 218 |
and disseminate information, data, and statistics for the use of | 219 |
law enforcement agencies and for other uses specified in this | 220 |
division. The superintendent may gather, store, retrieve, and | 221 |
disseminate information, data, and statistics that pertain to | 222 |
children who are under eighteen years of age and that are gathered | 223 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 224 |
with information, data, and statistics that pertain to adults and | 225 |
that are gathered pursuant to those sections. | 226 |
(2) The superintendent or the superintendent's designee shall | 227 |
gather information of the nature described in division (C)(1) of | 228 |
this section that pertains to the offense and delinquency history | 229 |
of a person who has been convicted of, pleaded guilty to, or been | 230 |
adjudicated a delinquent child for committing a sexually oriented | 231 |
offense or a child-victim oriented offense for inclusion in the | 232 |
state registry of sex offenders and child-victim offenders | 233 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 234 |
Revised Code and in the internet database operated pursuant to | 235 |
division (A)(13) of that section and for possible inclusion in the | 236 |
internet database operated pursuant to division (A)(11) of that | 237 |
section. | 238 |
(3) In addition to any other authorized use of information, | 239 |
data, and statistics of the nature described in division (C)(1) of | 240 |
this section, the superintendent or the superintendent's designee | 241 |
may provide and exchange the information, data, and statistics | 242 |
pursuant to the national crime prevention and privacy compact as | 243 |
described in division (A)(5) of this section. | 244 |
(4) The attorney general may adopt rules under Chapter 119. | 245 |
of the Revised Code establishing guidelines for the operation of | 246 |
and participation in the Ohio law enforcement gateway. The rules | 247 |
may include criteria for granting and restricting access to | 248 |
information gathered and disseminated through the Ohio law | 249 |
enforcement gateway. The attorney general shall permit the state | 250 |
medical board and board of nursing to access and view, but not | 251 |
alter, information gathered and disseminated through the Ohio law | 252 |
enforcement gateway. | 253 |
The attorney general may appoint a steering committee to | 254 |
advise the attorney general in the operation of the Ohio law | 255 |
enforcement gateway that is comprised of persons who are | 256 |
representatives of the criminal justice agencies in this state | 257 |
that use the Ohio law enforcement gateway and is chaired by the | 258 |
superintendent or the superintendent's designee. | 259 |
(D)(1) The following are not public records under section | 260 |
149.43 of the Revised Code: | 261 |
(a) Information and materials furnished to the superintendent | 262 |
pursuant to division (A) of this section; | 263 |
(b) Information, data, and statistics gathered or | 264 |
disseminated through the Ohio law enforcement gateway pursuant to | 265 |
division (C)(1) of this section; | 266 |
(c) Information and materials furnished to any board or | 267 |
person under division (F) or (G) of this section. | 268 |
(2) The superintendent or the superintendent's designee shall | 269 |
gather and retain information so furnished under division (A) of | 270 |
this section that pertains to the offense and delinquency history | 271 |
of a person who has been convicted of, pleaded guilty to, or been | 272 |
adjudicated a delinquent child for committing a sexually oriented | 273 |
offense or a child-victim oriented offense for the purposes | 274 |
described in division (C)(2) of this section. | 275 |
(E)(1) The attorney general shall adopt rules, in accordance | 276 |
with Chapter 119. of the Revised Code and subject to division | 277 |
(E)(2) of this section, setting forth the procedure by which a | 278 |
person may receive or release information gathered by the | 279 |
superintendent pursuant to division (A) of this section. A | 280 |
reasonable fee may be charged for this service. If a temporary | 281 |
employment service submits a request for a determination of | 282 |
whether a person the service plans to refer to an employment | 283 |
position has been convicted of or pleaded guilty to an offense | 284 |
listed or described in division (A)(1), (2), or (3) of section | 285 |
109.572 of the Revised Code, the request shall be treated as a | 286 |
single request and only one fee shall be charged. | 287 |
(2) Except as otherwise provided in this division, a rule | 288 |
adopted under division (E)(1) of this section may provide only for | 289 |
the release of information gathered pursuant to division (A) of | 290 |
this section that relates to the conviction of a person, or a | 291 |
person's plea of guilty to, a criminal offense. The superintendent | 292 |
shall not release, and the attorney general shall not adopt any | 293 |
rule under division (E)(1) of this section that permits the | 294 |
release of, any information gathered pursuant to division (A) of | 295 |
this section that relates to an adjudication of a child as a | 296 |
delinquent child, or that relates to a criminal conviction of a | 297 |
person under eighteen years of age if the person's case was | 298 |
transferred back to a juvenile court under division (B)(2) or (3) | 299 |
of section 2152.121 of the Revised Code and the juvenile court | 300 |
imposed a disposition or serious youthful offender disposition | 301 |
upon the person under either division, unless either of the | 302 |
following applies with respect to the adjudication or conviction: | 303 |
(a) The adjudication or conviction was for a violation of | 304 |
section 2903.01 or 2903.02 of the Revised Code. | 305 |
(b) The adjudication or conviction was for a sexually | 306 |
oriented offense, the juvenile court was required to classify the | 307 |
child a juvenile offender registrant for that offense under | 308 |
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 309 |
classification has not been removed. | 310 |
(F)(1) As used in division (F)(2) of this section, "head | 311 |
start agency" means an entity in this state that has been approved | 312 |
to be an agency for purposes of subchapter II of the "Community | 313 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 314 |
as amended. | 315 |
(2)(a) In addition to or in conjunction with any request that | 316 |
is required to be made under section 109.572, 2151.86, 3301.32, | 317 |
3301.541, division (C) of section 3310.58, or section 3319.39, | 318 |
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or | 319 |
5153.111 of the Revised Code or that is made under section | 320 |
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the | 321 |
board of education of any school district; the director of | 322 |
developmental disabilities; any county board of developmental | 323 |
disabilities; any provider or subcontractor as defined in section | 324 |
5123.081 of the Revised Code; the chief administrator of any | 325 |
chartered nonpublic school; the chief administrator of a | 326 |
registered private provider that is not also a chartered nonpublic | 327 |
school; the chief administrator of any home health agency; the | 328 |
chief administrator of or person operating any child day-care | 329 |
center, type A family day-care home, or type B family day-care | 330 |
home licensed or certified under Chapter 5104. of the Revised | 331 |
Code; the administrator of any type C family day-care home | 332 |
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 333 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 334 |
general assembly; the chief administrator of any head start | 335 |
agency; the executive director of a public children services | 336 |
agency; a private company described in section 3314.41, 3319.392, | 337 |
3326.25, or 3328.20 of the Revised Code; or an employer described | 338 |
in division (J)(2) of section 3327.10 of the Revised Code may | 339 |
request that the superintendent of the bureau investigate and | 340 |
determine, with respect to any individual who has applied for | 341 |
employment in any position after October 2, 1989, or any | 342 |
individual wishing to apply for employment with a board of | 343 |
education may request, with regard to the individual, whether the | 344 |
bureau has any information gathered under division (A) of this | 345 |
section that pertains to that individual. On receipt of the | 346 |
request, subject to division (E)(2) of this section, the | 347 |
superintendent shall determine whether that information exists | 348 |
and, upon request of the person, board, or entity requesting | 349 |
information, also shall request from the federal bureau of | 350 |
investigation any criminal records it has pertaining to that | 351 |
individual. The superintendent or the superintendent's designee | 352 |
also may request criminal history records from other states or the | 353 |
federal government pursuant to the national crime prevention and | 354 |
privacy compact set forth in section 109.571 of the Revised Code. | 355 |
Within thirty days of the date that the superintendent receives a | 356 |
request, subject to division (E)(2) of this section, the | 357 |
superintendent shall send to the board, entity, or person a report | 358 |
of any information that the superintendent determines exists, | 359 |
including information contained in records that have been sealed | 360 |
under section 2953.32 of the Revised Code, and, within thirty days | 361 |
of its receipt, subject to division (E)(2) of this section, shall | 362 |
send the board, entity, or person a report of any information | 363 |
received from the federal bureau of investigation, other than | 364 |
information the dissemination of which is prohibited by federal | 365 |
law. | 366 |
(b) When a board of education or a registered private | 367 |
provider is required to receive information under this section as | 368 |
a prerequisite to employment of an individual pursuant to division | 369 |
(C) of section 3310.58 or section 3319.39 of the Revised Code, it | 370 |
may accept a certified copy of records that were issued by the | 371 |
bureau of criminal identification and investigation and that are | 372 |
presented by an individual applying for employment with the | 373 |
district in lieu of requesting that information itself. In such a | 374 |
case, the board shall accept the certified copy issued by the | 375 |
bureau in order to make a photocopy of it for that individual's | 376 |
employment application documents and shall return the certified | 377 |
copy to the individual. In a case of that nature, a district or | 378 |
provider only shall accept a certified copy of records of that | 379 |
nature within one year after the date of their issuance by the | 380 |
bureau. | 381 |
(c) Notwithstanding division (F)(2)(a) of this section, in | 382 |
the case of a request under section 3319.39, 3319.391, or 3327.10 | 383 |
of the Revised Code only for criminal records maintained by the | 384 |
federal bureau of investigation, the superintendent shall not | 385 |
determine whether any information gathered under division (A) of | 386 |
this section exists on the person for whom the request is made. | 387 |
(3) The state board of education may request, with respect to | 388 |
any individual who has applied for employment after October 2, | 389 |
1989, in any position with the state board or the department of | 390 |
education, any information that a school district board of | 391 |
education is authorized to request under division (F)(2) of this | 392 |
section, and the superintendent of the bureau shall proceed as if | 393 |
the request has been received from a school district board of | 394 |
education under division (F)(2) of this section. | 395 |
(4) When the superintendent of the bureau receives a request | 396 |
for information under section 3319.291 of the Revised Code, the | 397 |
superintendent shall proceed as if the request has been received | 398 |
from a school district board of education and shall comply with | 399 |
divisions (F)(2)(a) and (c) of this section. | 400 |
(5) When a recipient of a classroom reading improvement grant | 401 |
paid under section 3301.86 of the Revised Code requests, with | 402 |
respect to any individual who applies to participate in providing | 403 |
any program or service funded in whole or in part by the grant, | 404 |
the information that a school district board of education is | 405 |
authorized to request under division (F)(2)(a) of this section, | 406 |
the superintendent of the bureau shall proceed as if the request | 407 |
has been received from a school district board of education under | 408 |
division (F)(2)(a) of this section. | 409 |
(G) In addition to or in conjunction with any request that is | 410 |
required to be made under section 3701.881, 3712.09, or 3721.121 | 411 |
of the Revised Code with respect to an individual who has applied | 412 |
for employment in a position that involves providing direct care | 413 |
to an older adult or adult resident, the chief administrator of a | 414 |
home health agency, hospice care program, home licensed under | 415 |
Chapter 3721. of the Revised Code, or adult day-care program | 416 |
operated pursuant to rules adopted under section 3721.04 of the | 417 |
Revised Code may request that the superintendent of the bureau | 418 |
investigate and determine, with respect to any individual who has | 419 |
applied after January 27, 1997, for employment in a position that | 420 |
does not involve providing direct care to an older adult or adult | 421 |
resident, whether the bureau has any information gathered under | 422 |
division (A) of this section that pertains to that individual. | 423 |
In addition to or in conjunction with any request that is | 424 |
required to be made under section 173.27 of the Revised Code with | 425 |
respect to an individual who has applied for employment in a | 426 |
position that involves providing ombudsperson services to | 427 |
residents of long-term care facilities or recipients of | 428 |
community-based long-term care services, the state long-term care | 429 |
ombudsperson, ombudsperson's designee, or director of health may | 430 |
request that the superintendent investigate and determine, with | 431 |
respect to any individual who has applied for employment in a | 432 |
position that does not involve providing such ombudsperson | 433 |
services, whether the bureau has any information gathered under | 434 |
division (A) of this section that pertains to that applicant. | 435 |
In addition to or in conjunction with any request that is | 436 |
required to be made under section 173.394 of the Revised Code with | 437 |
respect to an individual who has applied for employment in a | 438 |
position that involves providing direct care to an individual, the | 439 |
chief administrator of a community-based long-term care agency may | 440 |
request that the superintendent investigate and determine, with | 441 |
respect to any individual who has applied for employment in a | 442 |
position that does not involve providing direct care, whether the | 443 |
bureau has any information gathered under division (A) of this | 444 |
section that pertains to that applicant. | 445 |
In addition to or in conjunction with any request that is | 446 |
required to be made under section 3712.09 of the Revised Code with | 447 |
respect to an individual who has applied for employment in a | 448 |
position that involves providing direct care to a pediatric | 449 |
respite care patient, the chief administrator of a pediatric | 450 |
respite care program may request that the superintendent of the | 451 |
bureau investigate and determine, with respect to any individual | 452 |
who has applied for employment in a position that does not involve | 453 |
providing direct care to a pediatric respite care patient, whether | 454 |
the bureau has any information gathered under division (A) of this | 455 |
section that pertains to that individual. | 456 |
On receipt of a request under this division, the | 457 |
superintendent shall determine whether that information exists | 458 |
and, on request of the individual requesting information, shall | 459 |
also request from the federal bureau of investigation any criminal | 460 |
records it has pertaining to the applicant. The superintendent or | 461 |
the superintendent's designee also may request criminal history | 462 |
records from other states or the federal government pursuant to | 463 |
the national crime prevention and privacy compact set forth in | 464 |
section 109.571 of the Revised Code. Within thirty days of the | 465 |
date a request is received, subject to division (E)(2) of this | 466 |
section, the superintendent shall send to the requester a report | 467 |
of any information determined to exist, including information | 468 |
contained in records that have been sealed under section 2953.32 | 469 |
of the Revised Code, and, within thirty days of its receipt, shall | 470 |
send the requester a report of any information received from the | 471 |
federal bureau of investigation, other than information the | 472 |
dissemination of which is prohibited by federal law. | 473 |
(H) Information obtained by a government entity or person | 474 |
under this section is confidential and shall not be released or | 475 |
disseminated. | 476 |
(I) The superintendent may charge a reasonable fee for | 477 |
providing information or criminal records under division (F)(2) or | 478 |
(G) of this section. | 479 |
(J) As used in this section: | 480 |
(1) "Pediatric respite care program" and "pediatric respite | 481 |
care patient" have the same meanings as in section 3712.01 of the | 482 |
Revised Code. | 483 |
(2) "Sexually oriented offense" and "child-victim oriented | 484 |
offense" have the same meanings as in section 2950.01 of the | 485 |
Revised Code. | 486 |
| 487 |
or entity registered with the superintendent of public instruction | 488 |
under section 3310.41 of the Revised Code to participate in the | 489 |
autism scholarship program or section 3310.58 of the Revised Code | 490 |
to participate in the Jon Peterson special needs scholarship | 491 |
program. | 492 |
Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the | 493 |
Revised Code: | 494 |
(A) "Adult" means a person who is eighteen years of age or | 495 |
older. | 496 |
(B) "Attending physician" means the physician to whom a | 497 |
principal or the family of a principal has assigned primary | 498 |
responsibility for the treatment or care of the principal or, if | 499 |
the responsibility has not been assigned, the physician who has | 500 |
accepted that responsibility. | 501 |
(C) "Comfort care" means any of the following: | 502 |
(1) Nutrition when administered to diminish the pain or | 503 |
discomfort of a principal, but not to postpone death; | 504 |
(2) Hydration when administered to diminish the pain or | 505 |
discomfort of a principal, but not to postpone death; | 506 |
(3) Any other medical or nursing procedure, treatment, | 507 |
intervention, or other measure that is taken to diminish the pain | 508 |
or discomfort of a principal, but not to postpone death. | 509 |
(D) "Consulting physician" means a physician who, in | 510 |
conjunction with the attending physician of a principal, makes one | 511 |
or more determinations that are required to be made by the | 512 |
attending physician, or to be made by the attending physician and | 513 |
one other physician, by an applicable provision of sections | 514 |
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of | 515 |
medical certainty and in accordance with reasonable medical | 516 |
standards. | 517 |
(E) "Declaration for mental health treatment" has the same | 518 |
meaning as in section 2135.01 of the Revised Code. | 519 |
(F) "Guardian" means a person appointed by a probate court | 520 |
pursuant to Chapter 2111. of the Revised Code to have the care and | 521 |
management of the person of an incompetent. | 522 |
(G) "Health care" means any care, treatment, service, or | 523 |
procedure to maintain, diagnose, or treat an individual's physical | 524 |
or mental condition or physical or mental health. | 525 |
(H) "Health care decision" means informed consent, refusal to | 526 |
give informed consent, or withdrawal of informed consent to health | 527 |
care. | 528 |
(I) "Health care facility" means any of the following: | 529 |
(1) A hospital; | 530 |
(2) A hospice care program, pediatric respite care program, | 531 |
or other institution that specializes in comfort care of patients | 532 |
in a terminal condition or in a permanently unconscious state; | 533 |
(3) A nursing home; | 534 |
(4) A home health agency; | 535 |
(5) An intermediate care facility for the mentally retarded; | 536 |
(6) A regulated community mental health organization. | 537 |
(J) "Health care personnel" means physicians, nurses, | 538 |
physician assistants, emergency medical technicians-basic, | 539 |
emergency medical technicians-intermediate, emergency medical | 540 |
technicians-paramedic, medical technicians, dietitians, other | 541 |
authorized persons acting under the direction of an attending | 542 |
physician, and administrators of health care facilities. | 543 |
(K) "Home health agency" has the same meaning as in section | 544 |
3701.881 of the Revised Code. | 545 |
(L) "Hospice care program" | 546 |
program" have the same | 547 |
the Revised Code. | 548 |
(M) "Hospital" has the same meanings as in sections 3701.01, | 549 |
3727.01, and 5122.01 of the Revised Code. | 550 |
(N) "Hydration" means fluids that are artificially or | 551 |
technologically administered. | 552 |
(O) "Incompetent" has the same meaning as in section 2111.01 | 553 |
of the Revised Code. | 554 |
(P) "Intermediate care facility for the mentally retarded" | 555 |
has the same meaning as in section 5111.20 of the Revised Code. | 556 |
(Q) "Life-sustaining treatment" means any medical procedure, | 557 |
treatment, intervention, or other measure that, when administered | 558 |
to a principal, will serve principally to prolong the process of | 559 |
dying. | 560 |
(R) "Medical claim" has the same meaning as in section | 561 |
2305.113 of the Revised Code. | 562 |
(S) "Mental health treatment" has the same meaning as in | 563 |
section 2135.01 of the Revised Code. | 564 |
(T) "Nursing home" has the same meaning as in section 3721.01 | 565 |
of the Revised Code. | 566 |
(U) "Nutrition" means sustenance that is artificially or | 567 |
technologically administered. | 568 |
(V) "Permanently unconscious state" means a state of | 569 |
permanent unconsciousness in a principal that, to a reasonable | 570 |
degree of medical certainty as determined in accordance with | 571 |
reasonable medical standards by the principal's attending | 572 |
physician and one other physician who has examined the principal, | 573 |
is characterized by both of the following: | 574 |
(1) Irreversible unawareness of one's being and environment. | 575 |
(2) Total loss of cerebral cortical functioning, resulting in | 576 |
the principal having no capacity to experience pain or suffering. | 577 |
(W) "Person" has the same meaning as in section 1.59 of the | 578 |
Revised Code and additionally includes political subdivisions and | 579 |
governmental agencies, boards, commissions, departments, | 580 |
institutions, offices, and other instrumentalities. | 581 |
(X) "Physician" means a person who is authorized under | 582 |
Chapter 4731. of the Revised Code to practice medicine and surgery | 583 |
or osteopathic medicine and surgery. | 584 |
(Y) "Political subdivision" and "state" have the same | 585 |
meanings as in section 2744.01 of the Revised Code. | 586 |
(Z) "Professional disciplinary action" means action taken by | 587 |
the board or other entity that regulates the professional conduct | 588 |
of health care personnel, including the state medical board and | 589 |
the board of nursing. | 590 |
(AA) "Regulated community mental health organization" means a | 591 |
residential facility as defined and licensed under section 5119.22 | 592 |
of the Revised Code or a community mental health agency as defined | 593 |
in section 5122.01 of the Revised Code. | 594 |
(BB) "Terminal condition" means an irreversible, incurable, | 595 |
and untreatable condition caused by disease, illness, or injury | 596 |
from which, to a reasonable degree of medical certainty as | 597 |
determined in accordance with reasonable medical standards by a | 598 |
principal's attending physician and one other physician who has | 599 |
examined the principal, both of the following apply: | 600 |
(1) There can be no recovery. | 601 |
(2) Death is likely to occur within a relatively short time | 602 |
if life-sustaining treatment is not administered. | 603 |
(CC) "Tort action" means a civil action for damages for | 604 |
injury, death, or loss to person or property, other than a civil | 605 |
action for damages for a breach of contract or another agreement | 606 |
between persons. | 607 |
Sec. 2133.01. Unless the context otherwise requires, as used | 608 |
in sections 2133.01 to 2133.15 of the Revised Code: | 609 |
(A) "Adult" means an individual who is eighteen years of age | 610 |
or older. | 611 |
(B) "Attending physician" means the physician to whom a | 612 |
declarant or other patient, or the family of a declarant or other | 613 |
patient, has assigned primary responsibility for the treatment or | 614 |
care of the declarant or other patient, or, if the responsibility | 615 |
has not been assigned, the physician who has accepted that | 616 |
responsibility. | 617 |
(C) "Comfort care" means any of the following: | 618 |
(1) Nutrition when administered to diminish the pain or | 619 |
discomfort of a declarant or other patient, but not to postpone | 620 |
the declarant's or other patient's death; | 621 |
(2) Hydration when administered to diminish the pain or | 622 |
discomfort of a declarant or other patient, but not to postpone | 623 |
the declarant's or other patient's death; | 624 |
(3) Any other medical or nursing procedure, treatment, | 625 |
intervention, or other measure that is taken to diminish the pain | 626 |
or discomfort of a declarant or other patient, but not to postpone | 627 |
the declarant's or other patient's death. | 628 |
(D) "Consulting physician" means a physician who, in | 629 |
conjunction with the attending physician of a declarant or other | 630 |
patient, makes one or more determinations that are required to be | 631 |
made by the attending physician, or to be made by the attending | 632 |
physician and one other physician, by an applicable provision of | 633 |
this chapter, to a reasonable degree of medical certainty and in | 634 |
accordance with reasonable medical standards. | 635 |
(E) "Declarant" means any adult who has executed a | 636 |
declaration in accordance with section 2133.02 of the Revised | 637 |
Code. | 638 |
(F) "Declaration" means a written document executed in | 639 |
accordance with section 2133.02 of the Revised Code. | 640 |
(G) "Durable power of attorney for health care" means a | 641 |
document created pursuant to sections 1337.11 to 1337.17 of the | 642 |
Revised Code. | 643 |
(H) "Guardian" means a person appointed by a probate court | 644 |
pursuant to Chapter 2111. of the Revised Code to have the care and | 645 |
management of the person of an incompetent. | 646 |
(I) "Health care facility" means any of the following: | 647 |
(1) A hospital; | 648 |
(2) A hospice care program, pediatric respite care program, | 649 |
or other institution that specializes in comfort care of patients | 650 |
in a terminal condition or in a permanently unconscious state; | 651 |
(3) A nursing home or residential care facility, as defined | 652 |
in section 3721.01 of the Revised Code; | 653 |
(4) A home health agency and any residential facility where a | 654 |
person is receiving care under the direction of a home health | 655 |
agency; | 656 |
(5) An intermediate care facility for the mentally retarded. | 657 |
(J) "Health care personnel" means physicians, nurses, | 658 |
physician assistants, emergency medical technicians-basic, | 659 |
emergency medical technicians-intermediate, emergency medical | 660 |
technicians-paramedic, medical technicians, dietitians, other | 661 |
authorized persons acting under the direction of an attending | 662 |
physician, and administrators of health care facilities. | 663 |
(K) "Home health agency" has the same meaning as in section | 664 |
3701.881 of the Revised Code. | 665 |
(L) "Hospice care program" | 666 |
program" have the same | 667 |
the Revised Code. | 668 |
(M) "Hospital" has the same meanings as in sections 3701.01, | 669 |
3727.01, and 5122.01 of the Revised Code. | 670 |
(N) "Hydration" means fluids that are artificially or | 671 |
technologically administered. | 672 |
(O) "Incompetent" has the same meaning as in section 2111.01 | 673 |
of the Revised Code. | 674 |
(P) "Intermediate care facility for the mentally retarded" | 675 |
has the same meaning as in section 5111.20 of the Revised Code. | 676 |
(Q) "Life-sustaining treatment" means any medical procedure, | 677 |
treatment, intervention, or other measure that, when administered | 678 |
to a qualified patient or other patient, will serve principally to | 679 |
prolong the process of dying. | 680 |
(R) "Nurse" means a person who is licensed to practice | 681 |
nursing as a registered nurse or to practice practical nursing as | 682 |
a licensed practical nurse pursuant to Chapter 4723. of the | 683 |
Revised Code. | 684 |
(S) "Nursing home" has the same meaning as in section 3721.01 | 685 |
of the Revised Code. | 686 |
(T) "Nutrition" means sustenance that is artificially or | 687 |
technologically administered. | 688 |
(U) "Permanently unconscious state" means a state of | 689 |
permanent unconsciousness in a declarant or other patient that, to | 690 |
a reasonable degree of medical certainty as determined in | 691 |
accordance with reasonable medical standards by the declarant's or | 692 |
other patient's attending physician and one other physician who | 693 |
has examined the declarant or other patient, is characterized by | 694 |
both of the following: | 695 |
(1) Irreversible unawareness of one's being and environment. | 696 |
(2) Total loss of cerebral cortical functioning, resulting in | 697 |
the declarant or other patient having no capacity to experience | 698 |
pain or suffering. | 699 |
(V) "Person" has the same meaning as in section 1.59 of the | 700 |
Revised Code and additionally includes political subdivisions and | 701 |
governmental agencies, boards, commissions, departments, | 702 |
institutions, offices, and other instrumentalities. | 703 |
(W) "Physician" means a person who is authorized under | 704 |
Chapter 4731. of the Revised Code to practice medicine and surgery | 705 |
or osteopathic medicine and surgery. | 706 |
(X) "Political subdivision" and "state" have the same | 707 |
meanings as in section 2744.01 of the Revised Code. | 708 |
(Y) "Professional disciplinary action" means action taken by | 709 |
the board or other entity that regulates the professional conduct | 710 |
of health care personnel, including the state medical board and | 711 |
the board of nursing. | 712 |
(Z) "Qualified patient" means an adult who has executed a | 713 |
declaration and has been determined to be in a terminal condition | 714 |
or in a permanently unconscious state. | 715 |
(AA) "Terminal condition" means an irreversible, incurable, | 716 |
and untreatable condition caused by disease, illness, or injury | 717 |
from which, to a reasonable degree of medical certainty as | 718 |
determined in accordance with reasonable medical standards by a | 719 |
declarant's or other patient's attending physician and one other | 720 |
physician who has examined the declarant or other patient, both of | 721 |
the following apply: | 722 |
(1) There can be no recovery. | 723 |
(2) Death is likely to occur within a relatively short time | 724 |
if life-sustaining treatment is not administered. | 725 |
(BB) "Tort action" means a civil action for damages for | 726 |
injury, death, or loss to person or property, other than a civil | 727 |
action for damages for breach of a contract or another agreement | 728 |
between persons. | 729 |
Sec. 2305.113. (A) Except as otherwise provided in this | 730 |
section, an action upon a medical, dental, optometric, or | 731 |
chiropractic claim shall be commenced within one year after the | 732 |
cause of action accrued. | 733 |
(B)(1) If prior to the expiration of the one-year period | 734 |
specified in division (A) of this section, a claimant who | 735 |
allegedly possesses a medical, dental, optometric, or chiropractic | 736 |
claim gives to the person who is the subject of that claim written | 737 |
notice that the claimant is considering bringing an action upon | 738 |
that claim, that action may be commenced against the person | 739 |
notified at any time within one hundred eighty days after the | 740 |
notice is so given. | 741 |
(2) An insurance company shall not consider the existence or | 742 |
nonexistence of a written notice described in division (B)(1) of | 743 |
this section in setting the liability insurance premium rates that | 744 |
the company may charge the company's insured person who is | 745 |
notified by that written notice. | 746 |
(C) Except as to persons within the age of minority or of | 747 |
unsound mind as provided by section 2305.16 of the Revised Code, | 748 |
and except as provided in division (D) of this section, both of | 749 |
the following apply: | 750 |
(1) No action upon a medical, dental, optometric, or | 751 |
chiropractic claim shall be commenced more than four years after | 752 |
the occurrence of the act or omission constituting the alleged | 753 |
basis of the medical, dental, optometric, or chiropractic claim. | 754 |
(2) If an action upon a medical, dental, optometric, or | 755 |
chiropractic claim is not commenced within four years after the | 756 |
occurrence of the act or omission constituting the alleged basis | 757 |
of the medical, dental, optometric, or chiropractic claim, then, | 758 |
any action upon that claim is barred. | 759 |
(D)(1) If a person making a medical claim, dental claim, | 760 |
optometric claim, or chiropractic claim, in the exercise of | 761 |
reasonable care and diligence, could not have discovered the | 762 |
injury resulting from the act or omission constituting the alleged | 763 |
basis of the claim within three years after the occurrence of the | 764 |
act or omission, but, in the exercise of reasonable care and | 765 |
diligence, discovers the injury resulting from that act or | 766 |
omission before the expiration of the four-year period specified | 767 |
in division (C)(1) of this section, the person may commence an | 768 |
action upon the claim not later than one year after the person | 769 |
discovers the injury resulting from that act or omission. | 770 |
(2) If the alleged basis of a medical claim, dental claim, | 771 |
optometric claim, or chiropractic claim is the occurrence of an | 772 |
act or omission that involves a foreign object that is left in the | 773 |
body of the person making the claim, the person may commence an | 774 |
action upon the claim not later than one year after the person | 775 |
discovered the foreign object or not later than one year after the | 776 |
person, with reasonable care and diligence, should have discovered | 777 |
the foreign object. | 778 |
(3) A person who commences an action upon a medical claim, | 779 |
dental claim, optometric claim, or chiropractic claim under the | 780 |
circumstances described in division (D)(1) or (2) of this section | 781 |
has the affirmative burden of proving, by clear and convincing | 782 |
evidence, that the person, with reasonable care and diligence, | 783 |
could not have discovered the injury resulting from the act or | 784 |
omission constituting the alleged basis of the claim within the | 785 |
three-year period described in division (D)(1) of this section or | 786 |
within the one-year period described in division (D)(2) of this | 787 |
section, whichever is applicable. | 788 |
(E) As used in this section: | 789 |
(1) "Hospital" includes any person, corporation, association, | 790 |
board, or authority that is responsible for the operation of any | 791 |
hospital licensed or registered in the state, including, but not | 792 |
limited to, those that are owned or operated by the state, | 793 |
political subdivisions, any person, any corporation, or any | 794 |
combination of the state, political subdivisions, persons, and | 795 |
corporations. "Hospital" also includes any person, corporation, | 796 |
association, board, entity, or authority that is responsible for | 797 |
the operation of any clinic that employs a full-time staff of | 798 |
physicians practicing in more than one recognized medical | 799 |
specialty and rendering advice, diagnosis, care, and treatment to | 800 |
individuals. "Hospital" does not include any hospital operated by | 801 |
the government of the United States or any of its branches. | 802 |
(2) "Physician" means a person who is licensed to practice | 803 |
medicine and surgery or osteopathic medicine and surgery by the | 804 |
state medical board or a person who otherwise is authorized to | 805 |
practice medicine and surgery or osteopathic medicine and surgery | 806 |
in this state. | 807 |
(3) "Medical claim" means any claim that is asserted in any | 808 |
civil action against a physician, podiatrist, hospital, home, or | 809 |
residential facility, against any employee or agent of a | 810 |
physician, podiatrist, hospital, home, or residential facility, or | 811 |
against a licensed practical nurse, registered nurse, advanced | 812 |
practice registered nurse, physical therapist, physician | 813 |
assistant, emergency medical technician-basic, emergency medical | 814 |
technician-intermediate, or emergency medical | 815 |
technician-paramedic, and that arises out of the medical | 816 |
diagnosis, care, or treatment of any person. "Medical claim" | 817 |
includes the following: | 818 |
(a) Derivative claims for relief that arise from the medical | 819 |
diagnosis, care, or treatment of a person; | 820 |
(b) Claims that arise out of the medical diagnosis, care, or | 821 |
treatment of any person and to which either of the following | 822 |
applies: | 823 |
(i) The claim results from acts or omissions in providing | 824 |
medical care. | 825 |
(ii) The claim results from the hiring, training, | 826 |
supervision, retention, or termination of caregivers providing | 827 |
medical diagnosis, care, or treatment. | 828 |
(c) Claims that arise out of the medical diagnosis, care, or | 829 |
treatment of any person and that are brought under section 3721.17 | 830 |
of the Revised Code. | 831 |
(4) "Podiatrist" means any person who is licensed to practice | 832 |
podiatric medicine and surgery by the state medical board. | 833 |
(5) "Dentist" means any person who is licensed to practice | 834 |
dentistry by the state dental board. | 835 |
(6) "Dental claim" means any claim that is asserted in any | 836 |
civil action against a dentist, or against any employee or agent | 837 |
of a dentist, and that arises out of a dental operation or the | 838 |
dental diagnosis, care, or treatment of any person. "Dental claim" | 839 |
includes derivative claims for relief that arise from a dental | 840 |
operation or the dental diagnosis, care, or treatment of a person. | 841 |
(7) "Derivative claims for relief" include, but are not | 842 |
limited to, claims of a parent, guardian, custodian, or spouse of | 843 |
an individual who was the subject of any medical diagnosis, care, | 844 |
or treatment, dental diagnosis, care, or treatment, dental | 845 |
operation, optometric diagnosis, care, or treatment, or | 846 |
chiropractic diagnosis, care, or treatment, that arise from that | 847 |
diagnosis, care, treatment, or operation, and that seek the | 848 |
recovery of damages for any of the following: | 849 |
(a) Loss of society, consortium, companionship, care, | 850 |
assistance, attention, protection, advice, guidance, counsel, | 851 |
instruction, training, or education, or any other intangible loss | 852 |
that was sustained by the parent, guardian, custodian, or spouse; | 853 |
(b) Expenditures of the parent, guardian, custodian, or | 854 |
spouse for medical, dental, optometric, or chiropractic care or | 855 |
treatment, for rehabilitation services, or for other care, | 856 |
treatment, services, products, or accommodations provided to the | 857 |
individual who was the subject of the medical diagnosis, care, or | 858 |
treatment, the dental diagnosis, care, or treatment, the dental | 859 |
operation, the optometric diagnosis, care, or treatment, or the | 860 |
chiropractic diagnosis, care, or treatment. | 861 |
(8) "Registered nurse" means any person who is licensed to | 862 |
practice nursing as a registered nurse by the board of nursing. | 863 |
(9) "Chiropractic claim" means any claim that is asserted in | 864 |
any civil action against a chiropractor, or against any employee | 865 |
or agent of a chiropractor, and that arises out of the | 866 |
chiropractic diagnosis, care, or treatment of any person. | 867 |
"Chiropractic claim" includes derivative claims for relief that | 868 |
arise from the chiropractic diagnosis, care, or treatment of a | 869 |
person. | 870 |
(10) "Chiropractor" means any person who is licensed to | 871 |
practice chiropractic by the state chiropractic board. | 872 |
(11) "Optometric claim" means any claim that is asserted in | 873 |
any civil action against an optometrist, or against any employee | 874 |
or agent of an optometrist, and that arises out of the optometric | 875 |
diagnosis, care, or treatment of any person. "Optometric claim" | 876 |
includes derivative claims for relief that arise from the | 877 |
optometric diagnosis, care, or treatment of a person. | 878 |
(12) "Optometrist" means any person licensed to practice | 879 |
optometry by the state board of optometry. | 880 |
(13) "Physical therapist" means any person who is licensed to | 881 |
practice physical therapy under Chapter 4755. of the Revised Code. | 882 |
(14) "Home" has the same meaning as in section 3721.10 of the | 883 |
Revised Code. | 884 |
(15) "Residential facility" means a facility licensed under | 885 |
section 5123.19 of the Revised Code. | 886 |
(16) "Advanced practice registered nurse" means any certified | 887 |
nurse practitioner, clinical nurse specialist, certified | 888 |
registered nurse anesthetist, or certified nurse-midwife who holds | 889 |
a certificate of authority issued by the board of nursing under | 890 |
Chapter 4723. of the Revised Code. | 891 |
(17) "Licensed practical nurse" means any person who is | 892 |
licensed to practice nursing as a licensed practical nurse by the | 893 |
board of nursing pursuant to Chapter 4723. of the Revised Code. | 894 |
(18) "Physician assistant" means any person who holds a valid | 895 |
certificate to practice issued pursuant to Chapter 4730. of the | 896 |
Revised Code. | 897 |
(19) "Emergency medical technician-basic," "emergency medical | 898 |
technician-intermediate," and "emergency medical | 899 |
technician-paramedic" means any person who is certified under | 900 |
Chapter 4765. of the Revised Code as an emergency medical | 901 |
technician-basic, emergency medical technician-intermediate, or | 902 |
emergency medical technician-paramedic, whichever is applicable. | 903 |
Sec. 2305.234. (A) As used in this section: | 904 |
(1) "Chiropractic claim," "medical claim," and "optometric | 905 |
claim" have the same meanings as in section 2305.113 of the | 906 |
Revised Code. | 907 |
(2) "Dental claim" has the same meaning as in section | 908 |
2305.113 of the Revised Code, except that it does not include any | 909 |
claim arising out of a dental operation or any derivative claim | 910 |
for relief that arises out of a dental operation. | 911 |
(3) "Governmental health care program" has the same meaning | 912 |
as in section 4731.65 of the Revised Code. | 913 |
(4) "Health care facility or location" means a hospital, | 914 |
clinic, ambulatory surgical facility, office of a health care | 915 |
professional or associated group of health care professionals, | 916 |
training institution for health care professionals, or any other | 917 |
place where medical, dental, or other health-related diagnosis, | 918 |
care, or treatment is provided to a person. | 919 |
(5) "Health care professional" means any of the following who | 920 |
provide medical, dental, or other health-related diagnosis, care, | 921 |
or treatment: | 922 |
(a) Physicians authorized under Chapter 4731. of the Revised | 923 |
Code to practice medicine and surgery or osteopathic medicine and | 924 |
surgery; | 925 |
(b) Registered nurses and licensed practical nurses licensed | 926 |
under Chapter 4723. of the Revised Code and individuals who hold a | 927 |
certificate of authority issued under that chapter that authorizes | 928 |
the practice of nursing as a certified registered nurse | 929 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 930 |
or certified nurse practitioner; | 931 |
(c) Physician assistants authorized to practice under Chapter | 932 |
4730. of the Revised Code; | 933 |
(d) Dentists and dental hygienists licensed under Chapter | 934 |
4715. of the Revised Code; | 935 |
(e) Physical therapists, physical therapist assistants, | 936 |
occupational therapists, and occupational therapy assistants | 937 |
licensed under Chapter 4755. of the Revised Code; | 938 |
(f) Chiropractors licensed under Chapter 4734. of the Revised | 939 |
Code; | 940 |
(g) Optometrists licensed under Chapter 4725. of the Revised | 941 |
Code; | 942 |
(h) Podiatrists authorized under Chapter 4731. of the Revised | 943 |
Code to practice podiatry; | 944 |
(i) Dietitians licensed under Chapter 4759. of the Revised | 945 |
Code; | 946 |
(j) Pharmacists licensed under Chapter 4729. of the Revised | 947 |
Code; | 948 |
(k) Emergency medical technicians-basic, emergency medical | 949 |
technicians-intermediate, and emergency medical | 950 |
technicians-paramedic, certified under Chapter 4765. of the | 951 |
Revised Code; | 952 |
(l) Respiratory care professionals licensed under Chapter | 953 |
4761. of the Revised Code; | 954 |
(m) Speech-language pathologists and audiologists licensed | 955 |
under Chapter 4753. of the Revised Code; | 956 |
(n) Professional clinical counselors, professional | 957 |
counselors, independent social workers, social workers, | 958 |
independent marriage and family therapists, and marriage and | 959 |
family therapists, licensed under Chapter 4757. of the Revised | 960 |
Code; | 961 |
(o) Psychologists licensed under Chapter 4732. of the Revised | 962 |
Code; | 963 |
(p) Independent chemical dependency counselors, chemical | 964 |
dependency counselors III, chemical dependency counselors II, and | 965 |
chemical dependency counselors I, licensed under Chapter 4758. of | 966 |
the Revised Code. | 967 |
(6) "Health care worker" means a person other than a health | 968 |
care professional who provides medical, dental, or other | 969 |
health-related care or treatment under the direction of a health | 970 |
care professional with the authority to direct that individual's | 971 |
activities, including medical technicians, medical assistants, | 972 |
dental assistants, orderlies, aides, and individuals acting in | 973 |
similar capacities. | 974 |
(7) "Indigent and uninsured person" means a person who meets | 975 |
all of the following requirements: | 976 |
(a) The person's income is not greater than two hundred per | 977 |
cent of the current poverty line as defined by the United States | 978 |
office of management and budget and revised in accordance with | 979 |
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," | 980 |
95 Stat. 511, 42 U.S.C. 9902, as amended. | 981 |
(b) The person is not eligible to receive medical assistance | 982 |
under Chapter 5111. of the Revised Code or assistance under any | 983 |
other governmental health care program. | 984 |
(c) Either of the following applies: | 985 |
(i) The person is not a policyholder, certificate holder, | 986 |
insured, contract holder, subscriber, enrollee, member, | 987 |
beneficiary, or other covered individual under a health insurance | 988 |
or health care policy, contract, or plan. | 989 |
(ii) The person is a policyholder, certificate holder, | 990 |
insured, contract holder, subscriber, enrollee, member, | 991 |
beneficiary, or other covered individual under a health insurance | 992 |
or health care policy, contract, or plan, but the insurer, policy, | 993 |
contract, or plan denies coverage or is the subject of insolvency | 994 |
or bankruptcy proceedings in any jurisdiction. | 995 |
(8) "Nonprofit health care referral organization" means an | 996 |
entity that is not operated for profit and refers patients to, or | 997 |
arranges for the provision of, health-related diagnosis, care, or | 998 |
treatment by a health care professional or health care worker. | 999 |
(9) "Operation" means any procedure that involves cutting or | 1000 |
otherwise infiltrating human tissue by mechanical means, including | 1001 |
surgery, laser surgery, ionizing radiation, therapeutic | 1002 |
ultrasound, or the removal of intraocular foreign bodies. | 1003 |
"Operation" does not include the administration of medication by | 1004 |
injection, unless the injection is administered in conjunction | 1005 |
with a procedure infiltrating human tissue by mechanical means | 1006 |
other than the administration of medicine by injection. | 1007 |
"Operation" does not include routine dental restorative | 1008 |
procedures, the scaling of teeth, or extractions of teeth that are | 1009 |
not impacted. | 1010 |
(10) "Tort action" means a civil action for damages for | 1011 |
injury, death, or loss to person or property other than a civil | 1012 |
action for damages for a breach of contract or another agreement | 1013 |
between persons or government entities. | 1014 |
(11) "Volunteer" means an individual who provides any | 1015 |
medical, dental, or other health-care related diagnosis, care, or | 1016 |
treatment without the expectation of receiving and without receipt | 1017 |
of any compensation or other form of remuneration from an indigent | 1018 |
and uninsured person, another person on behalf of an indigent and | 1019 |
uninsured person, any health care facility or location, any | 1020 |
nonprofit health care referral organization, or any other person | 1021 |
or government entity. | 1022 |
(12) "Community control sanction" has the same meaning as in | 1023 |
section 2929.01 of the Revised Code. | 1024 |
(13) "Deep sedation" means a drug-induced depression of | 1025 |
consciousness during which a patient cannot be easily aroused but | 1026 |
responds purposefully following repeated or painful stimulation, a | 1027 |
patient's ability to independently maintain ventilatory function | 1028 |
may be impaired, a patient may require assistance in maintaining a | 1029 |
patent airway and spontaneous ventilation may be inadequate, and | 1030 |
cardiovascular function is usually maintained. | 1031 |
(14) "General anesthesia" means a drug-induced loss of | 1032 |
consciousness during which a patient is not arousable, even by | 1033 |
painful stimulation, the ability to independently maintain | 1034 |
ventilatory function is often impaired, a patient often requires | 1035 |
assistance in maintaining a patent airway, positive pressure | 1036 |
ventilation may be required because of depressed spontaneous | 1037 |
ventilation or drug-induced depression of neuromuscular function, | 1038 |
and cardiovascular function may be impaired. | 1039 |
(B)(1) Subject to divisions (F) and (G)(3) of this section, a | 1040 |
health care professional who is a volunteer and complies with | 1041 |
division (B)(2) of this section is not liable in damages to any | 1042 |
person or government entity in a tort or other civil action, | 1043 |
including an action on a medical, dental, chiropractic, | 1044 |
optometric, or other health-related claim, for injury, death, or | 1045 |
loss to person or property that allegedly arises from an action or | 1046 |
omission of the volunteer in the provision to an indigent and | 1047 |
uninsured person of medical, dental, or other health-related | 1048 |
diagnosis, care, or treatment, including the provision of samples | 1049 |
of medicine and other medical products, unless the action or | 1050 |
omission constitutes willful or wanton misconduct. | 1051 |
(2) To qualify for the immunity described in division (B)(1) | 1052 |
of this section, a health care professional shall do all of the | 1053 |
following prior to providing diagnosis, care, or treatment: | 1054 |
(a) Determine, in good faith, that the indigent and uninsured | 1055 |
person is mentally capable of giving informed consent to the | 1056 |
provision of the diagnosis, care, or treatment and is not subject | 1057 |
to duress or under undue influence; | 1058 |
(b) Inform the person of the provisions of this section, | 1059 |
including notifying the person that, by giving informed consent to | 1060 |
the provision of the diagnosis, care, or treatment, the person | 1061 |
cannot hold the health care professional liable for damages in a | 1062 |
tort or other civil action, including an action on a medical, | 1063 |
dental, chiropractic, optometric, or other health-related claim, | 1064 |
unless the action or omission of the health care professional | 1065 |
constitutes willful or wanton misconduct; | 1066 |
(c) Obtain the informed consent of the person and a written | 1067 |
waiver, signed by the person or by another individual on behalf of | 1068 |
and in the presence of the person, that states that the person is | 1069 |
mentally competent to give informed consent and, without being | 1070 |
subject to duress or under undue influence, gives informed consent | 1071 |
to the provision of the diagnosis, care, or treatment subject to | 1072 |
the provisions of this section. A written waiver under division | 1073 |
(B)(2)(c) of this section shall state clearly and in conspicuous | 1074 |
type that the person or other individual who signs the waiver is | 1075 |
signing it with full knowledge that, by giving informed consent to | 1076 |
the provision of the diagnosis, care, or treatment, the person | 1077 |
cannot bring a tort or other civil action, including an action on | 1078 |
a medical, dental, chiropractic, optometric, or other | 1079 |
health-related claim, against the health care professional unless | 1080 |
the action or omission of the health care professional constitutes | 1081 |
willful or wanton misconduct. | 1082 |
(3) A physician or podiatrist who is not covered by medical | 1083 |
malpractice insurance, but complies with division (B)(2) of this | 1084 |
section, is not required to comply with division (A) of section | 1085 |
4731.143 of the Revised Code. | 1086 |
(C) Subject to divisions (F) and (G)(3) of this section, | 1087 |
health care workers who are volunteers are not liable in damages | 1088 |
to any person or government entity in a tort or other civil | 1089 |
action, including an action upon a medical, dental, chiropractic, | 1090 |
optometric, or other health-related claim, for injury, death, or | 1091 |
loss to person or property that allegedly arises from an action or | 1092 |
omission of the health care worker in the provision to an indigent | 1093 |
and uninsured person of medical, dental, or other health-related | 1094 |
diagnosis, care, or treatment, unless the action or omission | 1095 |
constitutes willful or wanton misconduct. | 1096 |
(D) Subject to divisions (F) and (G)(3) of this section, a | 1097 |
nonprofit health care referral organization is not liable in | 1098 |
damages to any person or government entity in a tort or other | 1099 |
civil action, including an action on a medical, dental, | 1100 |
chiropractic, optometric, or other health-related claim, for | 1101 |
injury, death, or loss to person or property that allegedly arises | 1102 |
from an action or omission of the nonprofit health care referral | 1103 |
organization in referring indigent and uninsured persons to, or | 1104 |
arranging for the provision of, medical, dental, or other | 1105 |
health-related diagnosis, care, or treatment by a health care | 1106 |
professional described in division (B)(1) of this section or a | 1107 |
health care worker described in division (C) of this section, | 1108 |
unless the action or omission constitutes willful or wanton | 1109 |
misconduct. | 1110 |
(E) Subject to divisions (F) and (G)(3) of this section and | 1111 |
to the extent that the registration requirements of section | 1112 |
3701.071 of the Revised Code apply, a health care facility or | 1113 |
location associated with a health care professional described in | 1114 |
division (B)(1) of this section, a health care worker described in | 1115 |
division (C) of this section, or a nonprofit health care referral | 1116 |
organization described in division (D) of this section is not | 1117 |
liable in damages to any person or government entity in a tort or | 1118 |
other civil action, including an action on a medical, dental, | 1119 |
chiropractic, optometric, or other health-related claim, for | 1120 |
injury, death, or loss to person or property that allegedly arises | 1121 |
from an action or omission of the health care professional or | 1122 |
worker or nonprofit health care referral organization relative to | 1123 |
the medical, dental, or other health-related diagnosis, care, or | 1124 |
treatment provided to an indigent and uninsured person on behalf | 1125 |
of or at the health care facility or location, unless the action | 1126 |
or omission constitutes willful or wanton misconduct. | 1127 |
(F)(1) Except as provided in division (F)(2) of this section, | 1128 |
the immunities provided by divisions (B), (C), (D), and (E) of | 1129 |
this section are not available to a health care professional, | 1130 |
health care worker, nonprofit health care referral organization, | 1131 |
or health care facility or location if, at the time of an alleged | 1132 |
injury, death, or loss to person or property, the health care | 1133 |
professionals or health care workers involved are providing one of | 1134 |
the following: | 1135 |
(a) Any medical, dental, or other health-related diagnosis, | 1136 |
care, or treatment pursuant to a community service work order | 1137 |
entered by a court under division (B) of section 2951.02 of the | 1138 |
Revised Code or imposed by a court as a community control | 1139 |
sanction; | 1140 |
(b) Performance of an operation to which any one of the | 1141 |
following applies: | 1142 |
(i) The operation requires the administration of deep | 1143 |
sedation or general anesthesia. | 1144 |
(ii) The operation is a procedure that is not typically | 1145 |
performed in an office. | 1146 |
(iii) The individual involved is a health care professional, | 1147 |
and the operation is beyond the scope of practice or the | 1148 |
education, training, and competence, as applicable, of the health | 1149 |
care professional. | 1150 |
(c) Delivery of a baby or any other purposeful termination of | 1151 |
a human pregnancy. | 1152 |
(2) Division (F)(1) of this section does not apply when a | 1153 |
health care professional or health care worker provides medical, | 1154 |
dental, or other health-related diagnosis, care, or treatment that | 1155 |
is necessary to preserve the life of a person in a medical | 1156 |
emergency. | 1157 |
(G)(1) This section does not create a new cause of action or | 1158 |
substantive legal right against a health care professional, health | 1159 |
care worker, nonprofit health care referral organization, or | 1160 |
health care facility or location. | 1161 |
(2) This section does not affect any immunities from civil | 1162 |
liability or defenses established by another section of the | 1163 |
Revised Code or available at common law to which a health care | 1164 |
professional, health care worker, nonprofit health care referral | 1165 |
organization, or health care facility or location may be entitled | 1166 |
in connection with the provision of emergency or other medical, | 1167 |
dental, or other health-related diagnosis, care, or treatment. | 1168 |
(3) This section does not grant an immunity from tort or | 1169 |
other civil liability to a health care professional, health care | 1170 |
worker, nonprofit health care referral organization, or health | 1171 |
care facility or location for actions that are outside the scope | 1172 |
of authority of health care professionals or health care workers. | 1173 |
(4) This section does not affect any legal responsibility of | 1174 |
a health care professional, health care worker, or nonprofit | 1175 |
health care referral organization to comply with any applicable | 1176 |
law of this state or rule of an agency of this state. | 1177 |
(5) This section does not affect any legal responsibility of | 1178 |
a health care facility or location to comply with any applicable | 1179 |
law of this state, rule of an agency of this state, or local code, | 1180 |
ordinance, or regulation that pertains to or regulates building, | 1181 |
housing, air pollution, water pollution, sanitation, health, fire, | 1182 |
zoning, or safety. | 1183 |
Sec. 2317.54. No hospital, home health agency, ambulatory | 1184 |
surgical facility, or provider of a hospice care program or | 1185 |
pediatric respite care program shall be held liable for a | 1186 |
physician's failure to obtain an informed consent from the | 1187 |
physician's patient prior to a surgical or medical procedure or | 1188 |
course of procedures, unless the physician is an employee of the | 1189 |
hospital, home health agency, ambulatory surgical facility, or | 1190 |
provider of a hospice care program or pediatric respite care | 1191 |
program. | 1192 |
Written consent to a surgical or medical procedure or course | 1193 |
of procedures shall, to the extent that it fulfills all the | 1194 |
requirements in divisions (A), (B), and (C) of this section, be | 1195 |
presumed to be valid and effective, in the absence of proof by a | 1196 |
preponderance of the evidence that the person who sought such | 1197 |
consent was not acting in good faith, or that the execution of the | 1198 |
consent was induced by fraudulent misrepresentation of material | 1199 |
facts, or that the person executing the consent was not able to | 1200 |
communicate effectively in spoken and written English or any other | 1201 |
language in which the consent is written. Except as herein | 1202 |
provided, no evidence shall be admissible to impeach, modify, or | 1203 |
limit the authorization for performance of the procedure or | 1204 |
procedures set forth in such written consent. | 1205 |
(A) The consent sets forth in general terms the nature and | 1206 |
purpose of the procedure or procedures, and what the procedures | 1207 |
are expected to accomplish, together with the reasonably known | 1208 |
risks, and, except in emergency situations, sets forth the names | 1209 |
of the physicians who shall perform the intended surgical | 1210 |
procedures. | 1211 |
(B) The person making the consent acknowledges that such | 1212 |
disclosure of information has been made and that all questions | 1213 |
asked about the procedure or procedures have been answered in a | 1214 |
satisfactory manner. | 1215 |
(C) The consent is signed by the patient for whom the | 1216 |
procedure is to be performed, or, if the patient for any reason | 1217 |
including, but not limited to, competence, minority, or the fact | 1218 |
that, at the latest time that the consent is needed, the patient | 1219 |
is under the influence of alcohol, hallucinogens, or drugs, lacks | 1220 |
legal capacity to consent, by a person who has legal authority to | 1221 |
consent on behalf of such patient in such circumstances, including | 1222 |
either of the following: | 1223 |
(1) The parent, whether the parent is an adult or a minor, of | 1224 |
the parent's minor child; | 1225 |
(2) An adult whom the parent of the minor child has given | 1226 |
written authorization to consent to a surgical or medical | 1227 |
procedure or course of procedures for the parent's minor child. | 1228 |
Any use of a consent form that fulfills the requirements | 1229 |
stated in divisions (A), (B), and (C) of this section has no | 1230 |
effect on the common law rights and liabilities, including the | 1231 |
right of a physician to obtain the oral or implied consent of a | 1232 |
patient to a medical procedure, that may exist as between | 1233 |
physicians and patients on July 28, 1975. | 1234 |
As used in this section the term "hospital" has the same | 1235 |
meaning as in section 2305.113 of the Revised Code; "home health | 1236 |
agency" has the same meaning as in section 5101.61 of the Revised | 1237 |
Code; "ambulatory surgical facility" has the meaning as in | 1238 |
division (A) of section 3702.30 of the Revised Code; and "hospice | 1239 |
care program"
| 1240 |
same | 1241 |
The provisions of this division apply to hospitals, doctors of | 1242 |
medicine, doctors of osteopathic medicine, and doctors of | 1243 |
podiatric medicine. | 1244 |
Sec. 2711.22. (A) Except as otherwise provided in this | 1245 |
section, a written contract between a patient and a hospital or | 1246 |
healthcare provider to settle by binding arbitration any dispute | 1247 |
or controversy arising out of the diagnosis, treatment, or care of | 1248 |
the patient rendered by a hospital or healthcare provider, that is | 1249 |
entered into prior to the diagnosis, treatment, or care of the | 1250 |
patient is valid, irrevocable, and enforceable once the contract | 1251 |
is signed by all parties. The contract remains valid, irrevocable, | 1252 |
and enforceable until or unless the patient or the patient's legal | 1253 |
representative rescinds the contract by written notice within | 1254 |
thirty days of the signing of the contract. A guardian or other | 1255 |
legal representative of the patient may give written notice of the | 1256 |
rescission of the contract if the patient is incapacitated or a | 1257 |
minor. | 1258 |
(B) As used in this section and in sections 2711.23 and | 1259 |
2711.24 of the Revised Code: | 1260 |
(1) "Healthcare provider" means a physician, podiatrist, | 1261 |
dentist, licensed practical nurse, registered nurse, advanced | 1262 |
practice registered nurse, chiropractor, optometrist, physician | 1263 |
assistant, emergency medical technician-basic, emergency medical | 1264 |
technician-intermediate, emergency medical technician-paramedic, | 1265 |
or physical therapist. | 1266 |
(2) "Hospital," "physician," "podiatrist," "dentist," | 1267 |
"licensed practical nurse," "registered nurse," "advanced practice | 1268 |
registered nurse," "chiropractor," "optometrist," "physician | 1269 |
assistant," "emergency medical technician-basic," "emergency | 1270 |
medical technician-intermediate," "emergency medical | 1271 |
technician-paramedic," "physical therapist," "medical claim," | 1272 |
"dental claim," "optometric claim," and "chiropractic claim" have | 1273 |
the same meanings as in section 2305.113 of the Revised Code. | 1274 |
Sec. 3701.881. (A) As used in this section: | 1275 |
(1) "Applicant" means a person who is under final | 1276 |
consideration for employment with a home health agency in a | 1277 |
full-time, part-time, or temporary position that involves | 1278 |
providing direct care to an individual or is referred to a home | 1279 |
health agency by an employment service for such a position. | 1280 |
(2) "Community-based long-term care agency" has the same | 1281 |
meaning as in section 173.39 of the Revised Code. | 1282 |
(3) "Criminal records check" has the same meaning as in | 1283 |
section 109.572 of the Revised Code. | 1284 |
(4) "Direct care" means any of the following: | 1285 |
(a) Any service identified in divisions (A)(7)(a) to (f) of | 1286 |
this section that is provided in a patient's place of residence | 1287 |
used as the patient's home; | 1288 |
(b) Any activity that requires the person performing the | 1289 |
activity to be routinely alone with a patient or to routinely have | 1290 |
access to a patient's personal property or financial documents | 1291 |
regarding a patient; | 1292 |
(c) For each home health agency individually, any other | 1293 |
routine service or activity that the chief administrator of the | 1294 |
home health agency designates as direct care. | 1295 |
(5) "Disqualifying offense" means any of the offenses listed | 1296 |
or described in divisions (A)(3)(a) to (e) of section 109.572 of | 1297 |
the Revised Code. | 1298 |
(6) "Employee" means a person employed by a home health | 1299 |
agency in a full-time, part-time, or temporary position that | 1300 |
involves providing direct care to an individual and a person who | 1301 |
works in such a position due to being referred to a home health | 1302 |
agency by an employment service. | 1303 |
(7) "Home health agency" means a person or government entity, | 1304 |
other than a nursing home, residential care facility, | 1305 |
care program, or pediatric respite care program, that has the | 1306 |
primary function of providing any of the following services to a | 1307 |
patient at a place of residence used as the patient's home: | 1308 |
(a) Skilled nursing care; | 1309 |
(b) Physical therapy; | 1310 |
(c) Speech-language pathology; | 1311 |
(d) Occupational therapy; | 1312 |
(e) Medical social services; | 1313 |
(f) Home health aide services. | 1314 |
(8) "Home health aide services" means any of the following | 1315 |
services provided by an employee of a home health agency: | 1316 |
(a) Hands-on bathing or assistance with a tub bath or shower; | 1317 |
(b) Assistance with dressing, ambulation, and toileting; | 1318 |
(c) Catheter care but not insertion; | 1319 |
(d) Meal preparation and feeding. | 1320 |
(9) "Hospice care program" | 1321 |
program" have the same | 1322 |
the Revised Code. | 1323 |
(10) "Medical social services" means services provided by a | 1324 |
social worker under the direction of a patient's attending | 1325 |
physician. | 1326 |
(11) "Minor drug possession offense" has the same meaning as | 1327 |
in section 2925.01 of the Revised Code. | 1328 |
(12) "Nursing home," "residential care facility," and | 1329 |
"skilled nursing care" have the same meanings as in section | 1330 |
3721.01 of the Revised Code. | 1331 |
(13) "Occupational therapy" has the same meaning as in | 1332 |
section 4755.04 of the Revised Code. | 1333 |
(14) "Physical therapy" has the same meaning as in section | 1334 |
4755.40 of the Revised Code. | 1335 |
(15) "Social worker" means a person licensed under Chapter | 1336 |
4757. of the Revised Code to practice as a social worker or | 1337 |
independent social worker. | 1338 |
(16) "Speech-language pathology" has the same meaning as in | 1339 |
section 4753.01 of the Revised Code. | 1340 |
(17) "Waiver agency" has the same meaning as in section | 1341 |
5111.033 of the Revised Code. | 1342 |
(B) No home health agency shall employ an applicant or | 1343 |
continue to employ an employee in a position that involves | 1344 |
providing direct care to an individual if any of the following | 1345 |
apply: | 1346 |
(1) A review of the databases listed in division (D) of this | 1347 |
section reveals any of the following: | 1348 |
(a) That the applicant or employee is included in one or more | 1349 |
of the databases listed in divisions (D)(1) to (5) of this | 1350 |
section; | 1351 |
(b) That there is in the state nurse aide registry | 1352 |
established under section 3721.32 of the Revised Code a statement | 1353 |
detailing findings by the director of health that the applicant or | 1354 |
employee neglected or abused a long-term care facility or | 1355 |
residential care facility resident or misappropriated property of | 1356 |
such a resident; | 1357 |
(c) That the applicant or employee is included in one or more | 1358 |
of the databases, if any, specified in rules adopted under this | 1359 |
section and the rules prohibit the home health agency from | 1360 |
employing an applicant or continuing to employ an employee | 1361 |
included in such a database in a position that involves providing | 1362 |
direct care to an individual. | 1363 |
(2) After the applicant or employee is provided, pursuant to | 1364 |
division (E)(2)(a) of this section, a copy of the form prescribed | 1365 |
pursuant to division (C)(1) of section 109.572 of the Revised Code | 1366 |
and the standard impression sheet prescribed pursuant to division | 1367 |
(C)(2) of that section, the applicant or employee fails to | 1368 |
complete the form or provide the applicant's or employee's | 1369 |
fingerprint impressions on the standard impression sheet. | 1370 |
(3) Except as provided in rules adopted under this section, | 1371 |
the applicant or employee is found by a criminal records check | 1372 |
required by this section to have been convicted of, pleaded guilty | 1373 |
to, or been found eligible for intervention in lieu of conviction | 1374 |
for a disqualifying offense. | 1375 |
(C) Except as provided by division (F) of this section, the | 1376 |
chief administrator of a home health agency shall inform each | 1377 |
applicant of both of the following at the time of the applicant's | 1378 |
initial application for employment or referral to the home health | 1379 |
agency by an employment service for a position that involves | 1380 |
providing direct care to an individual: | 1381 |
(1) That a review of the databases listed in division (D) of | 1382 |
this section will be conducted to determine whether the home | 1383 |
health agency is prohibited by division (B)(1) of this section | 1384 |
from employing the applicant in the position; | 1385 |
(2) That, unless the database review reveals that the | 1386 |
applicant may not be employed in the position, a criminal records | 1387 |
check of the applicant will be conducted and the applicant is | 1388 |
required to provide a set of the applicant's fingerprint | 1389 |
impressions as part of the criminal records check. | 1390 |
(D) As a condition of employing any applicant in a position | 1391 |
that involves providing direct care to an individual, the chief | 1392 |
administrator of a home health agency shall conduct a database | 1393 |
review of the applicant in accordance with rules adopted under | 1394 |
this section. If rules adopted under this section so require, the | 1395 |
chief administrator of a home health agency shall conduct a | 1396 |
database review of an employee in accordance with the rules as a | 1397 |
condition of continuing to employ the employee in a position that | 1398 |
involves providing direct care to an individual. However, the | 1399 |
chief administrator is not required to conduct a database review | 1400 |
of an applicant or employee if division (F) of this section | 1401 |
applies. A database review shall determine whether the applicant | 1402 |
or employee is included in any of the following: | 1403 |
(1) The excluded parties list system maintained by the United | 1404 |
States general services administration pursuant to subpart 9.4 of | 1405 |
the federal acquisition regulation; | 1406 |
(2) The list of excluded individuals and entities maintained | 1407 |
by the office of inspector general in the United States department | 1408 |
of health and human services pursuant to section 1128 of the | 1409 |
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as | 1410 |
amended, and section 1156 of the "Social Security Act," 96 Stat. | 1411 |
388 (1982), 42 U.S.C. 1320c-5, as amended; | 1412 |
(3) The registry of MR/DD employees established under section | 1413 |
5123.52 of the Revised Code; | 1414 |
(4) The internet-based sex offender and child-victim offender | 1415 |
database established under division (A)(11) of section 2950.13 of | 1416 |
the Revised Code; | 1417 |
(5) The internet-based database of inmates established under | 1418 |
section 5120.66 of the Revised Code; | 1419 |
(6) The state nurse aide registry established under section | 1420 |
3721.32 of the Revised Code; | 1421 |
(7) Any other database, if any, specified in rules adopted | 1422 |
under this section. | 1423 |
(E)(1) As a condition of employing any applicant in a | 1424 |
position that involves providing direct care to an individual, the | 1425 |
chief administrator of a home health agency shall request the | 1426 |
superintendent of the bureau of criminal identification and | 1427 |
investigation to conduct a criminal records check of the | 1428 |
applicant. If rules adopted under this section so require, the | 1429 |
chief administrator of a home health agency shall request the | 1430 |
superintendent to conduct a criminal records check of an employee | 1431 |
at times specified in the rules as a condition of continuing to | 1432 |
employ the employee in a position that involves providing direct | 1433 |
care to an individual. However, the chief administrator is not | 1434 |
required to request the criminal records check of the applicant or | 1435 |
the employee if division (F) of this section applies or the home | 1436 |
health agency is prohibited by division (B)(1) of this section | 1437 |
from employing the applicant or continuing to employ the employee | 1438 |
in a position that involves providing direct care to an | 1439 |
individual. If an applicant or employee for whom a criminal | 1440 |
records check request is required by this section does not present | 1441 |
proof of having been a resident of this state for the five-year | 1442 |
period immediately prior to the date upon which the criminal | 1443 |
records check is requested or does not provide evidence that | 1444 |
within that five-year period the superintendent has requested | 1445 |
information about the applicant from the federal bureau of | 1446 |
investigation in a criminal records check, the chief administrator | 1447 |
shall request that the superintendent obtain information from the | 1448 |
federal bureau of investigation as a part of the criminal records | 1449 |
check. Even if an applicant or employee for whom a criminal | 1450 |
records check request is required by this section presents proof | 1451 |
that the applicant or employee has been a resident of this state | 1452 |
for that five-year period, the chief administrator may request | 1453 |
that the superintendent include information from the federal | 1454 |
bureau of investigation in the criminal records check. | 1455 |
(2) The chief administrator shall do all of the following: | 1456 |
(a) Provide to each applicant and employee for whom a | 1457 |
criminal records check request is required by this section a copy | 1458 |
of the form prescribed pursuant to division (C)(1) of section | 1459 |
109.572 of the Revised Code and a standard impression sheet | 1460 |
prescribed pursuant to division (C)(2) of that section; | 1461 |
(b) Obtain the completed form and standard impression sheet | 1462 |
from each applicant and employee; | 1463 |
(c) Forward the completed form and standard impression sheet | 1464 |
to the superintendent at the time the chief administrator requests | 1465 |
the criminal records check. | 1466 |
(3) A home health agency shall pay to the bureau of criminal | 1467 |
identification and investigation the fee prescribed pursuant to | 1468 |
division (C)(3) of section 109.572 of the Revised Code for each | 1469 |
criminal records check the agency requests under this section. A | 1470 |
home health agency may charge an applicant a fee not exceeding the | 1471 |
amount the agency pays to the bureau under this section if both of | 1472 |
the following apply: | 1473 |
(a) The home health agency notifies the applicant at the time | 1474 |
of initial application for employment of the amount of the fee and | 1475 |
that, unless the fee is paid, the applicant will not be considered | 1476 |
for employment. | 1477 |
(b) The medicaid program established under Chapter 5111. of | 1478 |
the Revised Code does not reimburse the home health agency for the | 1479 |
fee it pays to the bureau under this section. | 1480 |
(F) Divisions (C) to (E) of this section do not apply with | 1481 |
regard to an applicant or employee if the applicant or employee is | 1482 |
referred to a home health agency by an employment service that | 1483 |
supplies full-time, part-time, or temporary staff for positions | 1484 |
that involve providing direct care to an individual and both of | 1485 |
the following apply: | 1486 |
(1) The chief administrator of the home health agency | 1487 |
receives from the employment service confirmation that a review of | 1488 |
the databases listed in division (D) of this section was conducted | 1489 |
with regard to the applicant or employee. | 1490 |
(2) The chief administrator of the home health agency | 1491 |
receives from the employment service, applicant, or employee a | 1492 |
report of the results of a criminal records check of the applicant | 1493 |
or employee that has been conducted by the superintendent within | 1494 |
the one-year period immediately preceding the following: | 1495 |
(a) In the case of an applicant, the date of the applicant's | 1496 |
referral by the employment service to the home health agency; | 1497 |
(b) In the case of an employee, the date by which the home | 1498 |
health agency would otherwise have to request a criminal records | 1499 |
check of the employee under division (E) of this section. | 1500 |
(G)(1) A home health agency may employ conditionally an | 1501 |
applicant for whom a criminal records check request is required by | 1502 |
this section before obtaining the results of the criminal records | 1503 |
check if the agency is not prohibited by division (B) of this | 1504 |
section from employing the applicant in a position that involves | 1505 |
providing direct care to an individual and either of the following | 1506 |
applies: | 1507 |
(a) The chief administrator of the home health agency | 1508 |
requests the criminal records check in accordance with division | 1509 |
(E) of this section not later than five business days after the | 1510 |
applicant begins conditional employment. | 1511 |
(b) The applicant is referred to the home health agency by an | 1512 |
employment service, the employment service or the applicant | 1513 |
provides the chief administrator of the agency a letter that is on | 1514 |
the letterhead of the employment service, the letter is dated and | 1515 |
signed by a supervisor or another designated official of the | 1516 |
employment service, and the letter states all of the following: | 1517 |
(i) That the employment service has requested the | 1518 |
superintendent to conduct a criminal records check regarding the | 1519 |
applicant; | 1520 |
(ii) That the requested criminal records check is to include | 1521 |
a determination of whether the applicant has been convicted of, | 1522 |
pleaded guilty to, or been found eligible for intervention in lieu | 1523 |
of conviction for a disqualifying offense; | 1524 |
(iii) That the employment service has not received the | 1525 |
results of the criminal records check as of the date set forth on | 1526 |
the letter; | 1527 |
(iv) That the employment service promptly will send a copy of | 1528 |
the results of the criminal records check to the chief | 1529 |
administrator of the home health agency when the employment | 1530 |
service receives the results. | 1531 |
(2) If a home health agency employs an applicant | 1532 |
conditionally pursuant to division (G)(1)(b) of this section, the | 1533 |
employment service, on its receipt of the results of the criminal | 1534 |
records check, promptly shall send a copy of the results to the | 1535 |
chief administrator of the agency. | 1536 |
(3) A home health agency that employs an applicant | 1537 |
conditionally pursuant to division (G)(1)(a) or (b) of this | 1538 |
section shall terminate the applicant's employment if the results | 1539 |
of the criminal records check, other than the results of any | 1540 |
request for information from the federal bureau of investigation, | 1541 |
are not obtained within the period ending sixty days after the | 1542 |
date the request for the criminal records check is made. | 1543 |
Regardless of when the results of the criminal records check are | 1544 |
obtained, if the results indicate that the applicant has been | 1545 |
convicted of, pleaded guilty to, or been found eligible for | 1546 |
intervention in lieu of conviction for a disqualifying offense, | 1547 |
the home health agency shall terminate the applicant's employment | 1548 |
unless circumstances specified in rules adopted under this section | 1549 |
that permit the agency to employ the applicant exist and the | 1550 |
agency chooses to employ the applicant. Termination of employment | 1551 |
under this division shall be considered just cause for discharge | 1552 |
for purposes of division (D)(2) of section 4141.29 of the Revised | 1553 |
Code if the applicant makes any attempt to deceive the home health | 1554 |
agency about the applicant's criminal record. | 1555 |
(H) The report of any criminal records check conducted by the | 1556 |
bureau of criminal identification and investigation in accordance | 1557 |
with section 109.572 of the Revised Code and pursuant to a request | 1558 |
made under this section is not a public record for the purposes of | 1559 |
section 149.43 of the Revised Code and shall not be made available | 1560 |
to any person other than the following: | 1561 |
(1) The applicant or employee who is the subject of the | 1562 |
criminal records check or the applicant's or employee's | 1563 |
representative; | 1564 |
(2) The home health agency requesting the criminal records | 1565 |
check or its representative; | 1566 |
(3) The administrator of any other facility, agency, or | 1567 |
program that provides direct care to individuals that is owned or | 1568 |
operated by the same entity that owns or operates the home health | 1569 |
agency that requested the criminal records check; | 1570 |
(4) The employment service that requested the criminal | 1571 |
records check; | 1572 |
(5) The director of health and the staff of the department of | 1573 |
health who monitor a home health agency's compliance with this | 1574 |
section; | 1575 |
(6) The director of aging or the director's designee if | 1576 |
either of the following apply: | 1577 |
(a) In the case of a criminal records check requested by a | 1578 |
home health agency, the home health agency also is a | 1579 |
community-based long-term care agency; | 1580 |
(b) In the case of a criminal records check requested by an | 1581 |
employment service, the employment service makes the request for | 1582 |
an applicant or employee the employment service refers to a home | 1583 |
health agency that also is a community-based long-term care | 1584 |
agency. | 1585 |
(7) The director of job and family services and the staff of | 1586 |
the department of job and family services who are involved in the | 1587 |
administration of the medicaid program if either of the following | 1588 |
apply: | 1589 |
(a) In the case of a criminal records check requested by a | 1590 |
home health agency, the home health agency also is a waiver | 1591 |
agency; | 1592 |
(b) In the case of a criminal records check requested by an | 1593 |
employment service, the employment service makes the request for | 1594 |
an applicant or employee the employment service refers to a home | 1595 |
health agency that also is a waiver agency. | 1596 |
(8) Any court, hearing officer, or other necessary individual | 1597 |
involved in a case dealing with any of the following: | 1598 |
(a) A denial of employment of the applicant or employee; | 1599 |
(b) Employment or unemployment benefits of the applicant or | 1600 |
employee; | 1601 |
(c) A civil or criminal action regarding the medicaid | 1602 |
program. | 1603 |
(I) In a tort or other civil action for damages that is | 1604 |
brought as the result of an injury, death, or loss to person or | 1605 |
property caused by an applicant or employee who a home health | 1606 |
agency employs in a position that involves providing direct care | 1607 |
to an individual, all of the following shall apply: | 1608 |
(1) If the home health agency employed the applicant or | 1609 |
employee in good faith and reasonable reliance on the report of a | 1610 |
criminal records check requested under this section, the agency | 1611 |
shall not be found negligent solely because of its reliance on the | 1612 |
report, even if the information in the report is determined later | 1613 |
to have been incomplete or inaccurate. | 1614 |
(2) If the home health agency employed the applicant in good | 1615 |
faith on a conditional basis pursuant to division (G) of this | 1616 |
section, the agency shall not be found negligent solely because it | 1617 |
employed the applicant prior to receiving the report of a criminal | 1618 |
records check requested under this section. | 1619 |
(3) If the home health agency in good faith employed the | 1620 |
applicant or employee according to the personal character | 1621 |
standards established in rules adopted under this section, the | 1622 |
agency shall not be found negligent solely because the applicant | 1623 |
or employee had been convicted of, pleaded guilty to, or been | 1624 |
found eligible for intervention in lieu of conviction for a | 1625 |
disqualifying offense. | 1626 |
(J) The director of health shall adopt rules in accordance | 1627 |
with Chapter 119. of the Revised Code to implement this section. | 1628 |
(1) The rules may do the following: | 1629 |
(a) Require employees to undergo database reviews and | 1630 |
criminal records checks under this section; | 1631 |
(b) If the rules require employees to undergo database | 1632 |
reviews and criminal records checks under this section, exempt one | 1633 |
or more classes of employees from the requirements; | 1634 |
(c) For the purpose of division (D)(7) of this section, | 1635 |
specify other databases that are to be checked as part of a | 1636 |
database review conducted under this section. | 1637 |
(2) The rules shall specify all of the following: | 1638 |
(a) The procedures for conducting database reviews under this | 1639 |
section; | 1640 |
(b) If the rules require employees to undergo database | 1641 |
reviews and criminal records checks under this section, the times | 1642 |
at which the database reviews and criminal records checks are to | 1643 |
be conducted; | 1644 |
(c) If the rules specify other databases to be checked as | 1645 |
part of the database reviews, the circumstances under which a home | 1646 |
health agency is prohibited from employing an applicant or | 1647 |
continuing to employ an employee who is found by a database review | 1648 |
to be included in one or more of those databases; | 1649 |
(d) Circumstances under which a home health agency may employ | 1650 |
an applicant or employee who is found by a criminal records check | 1651 |
required by this section to have been convicted of, pleaded guilty | 1652 |
to, or been found eligible for intervention in lieu of conviction | 1653 |
for a disqualifying offense but meets personal character | 1654 |
standards. | 1655 |
Sec. 3701.92. As used in sections 3701.921 to 3701.929 of | 1656 |
the Revised Code: | 1657 |
(A) "Advanced practice registered nurse" has the same meaning | 1658 |
as in section 4723.01 of the Revised Code. | 1659 |
(B) "Patient centered medical home education advisory group" | 1660 |
means the entity established under section 3701.924 of the Revised | 1661 |
Code. | 1662 |
| 1663 |
means the program established under section 3701.921 of the | 1664 |
Revised Code and any pilot projects operated pursuant to that | 1665 |
section. | 1666 |
| 1667 |
project" means the pilot project established under section | 1668 |
3701.923 of the Revised Code. | 1669 |
| 1670 |
section 4730.01 of the Revised Code. | 1671 |
Sec. 3701.923. (A) To the extent that funds are available, | 1672 |
the director of health shall establish the patient centered | 1673 |
medical home education pilot project. If the director establishes | 1674 |
the project, all of the following apply: | 1675 |
(1) The director shall select practices led by physicians and | 1676 |
primary care practices led by advanced practice registered nurses | 1677 |
to participate in the project. The director may consider the | 1678 |
recommendations of the advisory group made in accordance with | 1679 |
section 3701.925 of the Revised Code, but may not select a | 1680 |
practice unless the practice complies with any applicable | 1681 |
requirements under section 3701.926 of the Revised Code. | 1682 |
(2) The director shall conduct the project in a manner that | 1683 |
advances education in the patient centered medical home model of | 1684 |
care. | 1685 |
(3) The director shall evaluate all of the following: | 1686 |
(a) Learning opportunities generated by the project; | 1687 |
(b) Training of physicians and advanced practice registered | 1688 |
nurses under the project; | 1689 |
(c) Costs of the project; | 1690 |
(d) The extent to which the project met the expected outcomes | 1691 |
developed under division (A) of section 3701.924 of the Revised | 1692 |
Code. | 1693 |
(4) The director shall assess and review results of the | 1694 |
project. | 1695 |
(5) The director shall recommend best practices and | 1696 |
opportunities for improving technology, education, comprehensive | 1697 |
training, consultation, and technical assistance for health care | 1698 |
service providers in the patient centered medical home model of | 1699 |
care. | 1700 |
(B) The director may contract with an entity that has | 1701 |
significant experience in assisting | 1702 |
physicians and
| 1703 |
led by advanced practice registered nurses in transitioning to the | 1704 |
patient centered medical home model of care. The contract shall | 1705 |
require the entity to do both of the following: | 1706 |
(1) Provide, to each practice that enters into a contract | 1707 |
with the director pursuant to section 3701.927 of the Revised | 1708 |
Code, comprehensive training, consultation, and technical | 1709 |
assistance in the operation of a patient centered medical home, | 1710 |
including assistance with leadership training, scheduling changes, | 1711 |
staff support, and care management for chronic health conditions; | 1712 |
(2) Assist the director in identifying necessary financial | 1713 |
and operational requirements and any barriers or challenges | 1714 |
associated with transitioning to a patient centered medical home | 1715 |
model of care. | 1716 |
(C) The project established under this section shall begin | 1717 |
not later than the date the first practice enters into a contract | 1718 |
with the director pursuant to section 3701.927 of the Revised Code | 1719 |
and shall cease not later than the date the final report is | 1720 |
submitted pursuant to division (B)(3) of section 3701.929 of the | 1721 |
Revised Code. | 1722 |
(D) The project shall not be operated in a manner that | 1723 |
requires a patient, unless otherwise required by the Revised Code, | 1724 |
to receive a referral from a physician in a practice selected for | 1725 |
inclusion in the pilot project under division (A)(1) of this | 1726 |
section as a condition of being authorized to receive specialized | 1727 |
health care services from an individual licensed or certified | 1728 |
under Title XLVII of the Revised Code to provide those services. | 1729 |
Sec. 3701.924. (A) The patient centered medical home | 1730 |
education advisory group is hereby created for the purpose of | 1731 |
advising the director of health on the implementation and | 1732 |
administration of the patient centered medical home education | 1733 |
program. The advisory group shall develop and provide to the | 1734 |
director a set of expected outcomes for the pilot project. The | 1735 |
advisory group shall consider and provide other recommendations to | 1736 |
the director and complete other duties as the director considers | 1737 |
appropriate. | 1738 |
(B) The advisory group shall consist of the following | 1739 |
members: | 1740 |
(1) The following members appointed by the director of | 1741 |
health: | 1742 |
(a) One individual with expertise in the training and | 1743 |
education of primary care physicians recommended by the dean of | 1744 |
the university of Toledo college of medicine; | 1745 |
(b) One individual with expertise in the training and | 1746 |
education of primary care physicians recommended by the dean of | 1747 |
the Boonshoft school of medicine at Wright state university; | 1748 |
(c) One individual with expertise in the training and | 1749 |
education of primary care physicians recommended by the president | 1750 |
and dean of the northeast Ohio medical university; | 1751 |
(d) One individual with expertise in the training and | 1752 |
education of primary care physicians recommended by the dean of | 1753 |
the Ohio university college of osteopathic medicine; | 1754 |
(e) Two individuals recommended by the governing board of the | 1755 |
Ohio academy of family physicians; | 1756 |
(f) One individual recommended by the governing board of the | 1757 |
Ohio chapter of the American college of physicians; | 1758 |
(g) One individual recommended by the governing board of the | 1759 |
Ohio chapter of the American academy of pediatrics; | 1760 |
(h) One individual recommended by the governing board of the | 1761 |
Ohio osteopathic association; | 1762 |
(i) One individual with expertise in the training and | 1763 |
education of advanced practice registered nurses, recommended by | 1764 |
the governing board of the Ohio council of deans and directors of | 1765 |
baccalaureate and higher degree programs in nursing; | 1766 |
(j) One individual recommended by the governing board of the | 1767 |
Ohio nurses association; | 1768 |
(k) One individual recommended by the governing board of the | 1769 |
Ohio association of advanced practice nurses; | 1770 |
(l) One individual recommended by the governing board of the | 1771 |
Ohio council for home care and hospice; | 1772 |
(m) One individual recommended by the superintendent of | 1773 |
insurance; | 1774 |
(n) An employee of the department of health; | 1775 |
(o) Not more than five additional members who have relevant | 1776 |
expertise that the director considers appropriate. | 1777 |
(2) The following members: | 1778 |
(a) The executive director of the state medical board or the | 1779 |
director's designee; | 1780 |
(b) The executive director of the board of nursing or the | 1781 |
director's designee; | 1782 |
(c) The chancellor of the Ohio board of regents or the | 1783 |
chancellor's designee; | 1784 |
(d) The medical assistance director, or the director's | 1785 |
designee. | 1786 |
(C)(1) In making the original appointments of the members | 1787 |
specified in divisions (B)(1)(a) to (m) of this section, the | 1788 |
director shall appoint the member who served in that capacity in | 1789 |
the patient centered medical home advisory group, as it existed | 1790 |
immediately prior to | 1791 |
10, 2012. If for any reason the member who served immediately | 1792 |
prior to | 1793 |
unable to serve on the advisory group, the director shall request | 1794 |
from the specified recommending authority a list of not less than | 1795 |
two persons qualified to serve as members of the advisory group. | 1796 |
The director shall appoint as a member one person from the list | 1797 |
submitted by the recommending authority. | 1798 |
(2) The advisory group members specified in divisions | 1799 |
(B)(1)(a) to (m) of this section shall serve at the pleasure of | 1800 |
the director, in consultation with their respective recommending | 1801 |
authorities. | 1802 |
(3) Vacancies shall be filled in the manner provided for | 1803 |
original appointments. | 1804 |
(D) Members shall serve without compensation, except to the | 1805 |
extent that serving on the advisory group is considered part of | 1806 |
their regular employment duties. | 1807 |
(E) The director may appoint from the members of the advisory | 1808 |
group a chairperson and vice-chairperson. | 1809 |
A majority of the members of the advisory group constitutes a | 1810 |
quorum. A majority of a quorum is necessary for the advisory group | 1811 |
to make any recommendations to the director. | 1812 |
The advisory group shall meet at the call of the director. | 1813 |
The director shall call the advisory group to meet not less than | 1814 |
annually to discuss or consider recommendations to the director on | 1815 |
the administration of the patient centered medical home education | 1816 |
program. | 1817 |
(F) Sections 101.82 to 101.87 of the Revised Code do not | 1818 |
apply to the advisory group. | 1819 |
Sec. 3701.925. (A) The patient centered medical home | 1820 |
education advisory group shall accept applications for inclusion | 1821 |
in the patient centered medical home education pilot project from | 1822 |
primary care practices with educational affiliations, as | 1823 |
determined by the advisory group, with one or more of the | 1824 |
following: | 1825 |
(1) The Boonshoft school of medicine at Wright state | 1826 |
university; | 1827 |
(2) The university of Toledo college of medicine; | 1828 |
(3) The northeast Ohio medical university; | 1829 |
(4) The Ohio university college of osteopathic medicine; | 1830 |
(5) The college of nursing at the university of Toledo; | 1831 |
(6) The Wright state university college of nursing and | 1832 |
health; | 1833 |
(7) The college of nursing at Kent state university; | 1834 |
(8) The university of Akron college of nursing; | 1835 |
(9) The school of nursing at Ohio university. | 1836 |
(B)(1) Subject to division (C)(1) of this section, the | 1837 |
advisory group shall recommend to the director of health for | 1838 |
inclusion in the pilot project not less than the following number | 1839 |
of primary care practices led by physicians: | 1840 |
(a) Ten practices affiliated with the Boonshoft school of | 1841 |
medicine at Wright state university; | 1842 |
(b) Ten practices affiliated with the university of Toledo | 1843 |
college of medicine; | 1844 |
(c) Ten practices affiliated with the northeast Ohio medical | 1845 |
university; | 1846 |
(d) Ten practices affiliated with the centers for osteopathic | 1847 |
research and education of the Ohio university college of | 1848 |
osteopathic medicine. | 1849 |
(2) Subject to division (C)(2) of this section, the advisory | 1850 |
group shall recommend to the director of health for inclusion in | 1851 |
the pilot project not less than the following number of primary | 1852 |
care practices led by advanced practice registered nurses: | 1853 |
(a) One practice affiliated with the college of nursing at | 1854 |
the university of Toledo; | 1855 |
(b) One practice affiliated with the Wright state university | 1856 |
college of nursing and health; | 1857 |
(c) One practice affiliated with the college of nursing at | 1858 |
Kent state university or the university of Akron college of | 1859 |
nursing; | 1860 |
(d) One practice affiliated with the school of nursing at | 1861 |
Ohio university. | 1862 |
(C)(1) All of the following apply with respect to the | 1863 |
recommendation | 1864 |
this section of practices led by physicians: | 1865 |
(a) The advisory group shall strive to recommend | 1866 |
1867 | |
includes a diverse range of primary care specialties, including | 1868 |
practices specializing in pediatrics, geriatrics, general internal | 1869 |
medicine, or family medicine. | 1870 |
(b) When evaluating an application, the advisory group shall | 1871 |
consider the percentage of patients in the | 1872 |
who are part of a medically underserved population, including | 1873 |
medicaid recipients and individuals without health insurance. | 1874 |
(c) The advisory group shall recommend not fewer than six | 1875 |
practices that serve rural areas of this state, as those areas are | 1876 |
determined by the advisory group. | 1877 |
(d) A member of the advisory group shall abstain from | 1878 |
participating in any vote taken regarding the recommendation of a | 1879 |
1880 | |
benefit from having the practice included in the pilot project. | 1881 |
(2) All of the following apply with respect to the | 1882 |
recommendation | 1883 |
1884 | |
by advanced practice registered nurses: | 1885 |
(a) When evaluating an application, the advisory group shall | 1886 |
consider the percentage of patients in the | 1887 |
1888 | |
underserved population, including medicaid recipients and | 1889 |
individuals without health insurance. | 1890 |
(b) If the advisory group determines that it has not received | 1891 |
an application from a sufficiently qualified | 1892 |
1893 | |
institution specified in division (B)(2) of this section, the | 1894 |
advisory group shall make the recommendations required under that | 1895 |
division in such a manner that the greatest possible number of | 1896 |
those institutions are recommended to be included in the pilot | 1897 |
project. To be recommended in this manner, a practice remains | 1898 |
subject to the eligibility requirements specified in division (B) | 1899 |
of section 3701.926 of the Revised Code. As specified in division | 1900 |
(B)(2) of this section, the number of practices recommended for | 1901 |
inclusion in the pilot project shall be at least four. | 1902 |
(c) A member of the advisory group shall abstain from | 1903 |
participating in any vote taken regarding the recommendation of | 1904 |
1905 | |
would receive any financial benefit from having the practice | 1906 |
included in the pilot project. | 1907 |
(D) The advisory group shall provide | 1908 |
of health copies of all applications received under this section | 1909 |
1910 | |
1911 |
Sec. 3701.926. (A) To be eligible for inclusion in the | 1912 |
patient centered medical home education pilot project, a | 1913 |
1914 | |
all of the following requirements: | 1915 |
(1) Consist of physicians who are board-certified in family | 1916 |
medicine, general pediatrics, or internal medicine, as those | 1917 |
designations are issued by a medical specialty certifying board | 1918 |
recognized by the American board of medical specialties or | 1919 |
American osteopathic association; | 1920 |
(2) Be capable of adapting the practice during the period in | 1921 |
which the practice participates in the patient centered medical | 1922 |
home education pilot project in such a manner that the practice is | 1923 |
fully compliant with the minimum standards for operation of a | 1924 |
patient centered medical home, as those standards are established | 1925 |
by the director of health; | 1926 |
(3) Have submitted an application to participate in the | 1927 |
project established under former section 185.05 of the Revised | 1928 |
Code not later than April 15, 2011. | 1929 |
(4) Meet any other criteria established by the director as | 1930 |
part of the selection process. | 1931 |
(B) To be eligible for inclusion in the pilot project, | 1932 |
1933 | |
advanced practice registered nurses shall meet all of the | 1934 |
following requirements: | 1935 |
(1) Consist of advanced practice registered nurses, each of | 1936 |
whom meets all of the following requirements: | 1937 |
(a) Holds a certificate to prescribe issued under section | 1938 |
4723.48 of the Revised Code; | 1939 |
(b) Is board-certified as a family nurse practitioner or | 1940 |
adult nurse practitioner by the American academy of nurse | 1941 |
practitioners or American nurses credentialing center, | 1942 |
board-certified as a geriatric nurse practitioner or women's | 1943 |
health nurse practitioner by the American nurses credentialing | 1944 |
center, or is board-certified as a pediatric nurse practitioner by | 1945 |
the American nurses credentialing center or pediatric nursing | 1946 |
certification board; | 1947 |
(c) Collaborates under a standard care arrangement with a | 1948 |
physician with board certification as specified in division (A)(1) | 1949 |
of this section and who is an active participant on the health | 1950 |
care team. | 1951 |
(2) Be capable of adapting the | 1952 |
the period in which the practice participates in the project in | 1953 |
such a manner that the practice is fully compliant with the | 1954 |
minimum standards for operation of a patient centered medical | 1955 |
home, as those standards are established by the director; | 1956 |
(3) Have submitted an application to participate in the | 1957 |
project established under former section 185.05 of the Revised | 1958 |
Code not later than April 15, 2011. | 1959 |
(4) Meet any other criteria established by the director as | 1960 |
part of the selection process. | 1961 |
Sec. 3701.927. The director of health shall enter into a | 1962 |
contract with each primary care practice selected by the director | 1963 |
for inclusion in the patient centered medical home education pilot | 1964 |
project. The contract shall specify the terms and conditions for | 1965 |
inclusion in the pilot project, including a requirement that the | 1966 |
practice provide comprehensive, coordinated primary care services | 1967 |
to patients and serve as the patients' medical home. The contract | 1968 |
shall also require the practice to participate in the training of | 1969 |
medical students, advanced practice registered nursing students, | 1970 |
physician assistant students, and primary care medical residents. | 1971 |
The director may include as part of the contract any other | 1972 |
requirements necessary for a practice to be included in the | 1973 |
project, including requirements regarding the number of patients | 1974 |
served who are medicaid recipients and individuals without health | 1975 |
insurance. | 1976 |
Sec. 3701.928. (A) The director of health or, at the | 1977 |
director's request, the patient centered medical home education | 1978 |
advisory group may work with medical, nursing, and physician | 1979 |
assistant schools or programs in this state to develop appropriate | 1980 |
curricula designed to prepare primary care physicians, advanced | 1981 |
practice registered nurses, and physician assistants to practice | 1982 |
within the patient centered medical home model of care. In | 1983 |
developing the curricula, the director or advisory group and the | 1984 |
schools or programs shall include all of the following: | 1985 |
(1) Components for use at the medical student, advanced | 1986 |
practice registered nursing student, physician assistant student, | 1987 |
and primary care resident training levels; | 1988 |
(2) Components that reflect, as appropriate, the special | 1989 |
needs of patients who are part of a medically underserved | 1990 |
population, including medicaid recipients, individuals without | 1991 |
health insurance, individuals with disabilities, individuals with | 1992 |
chronic health conditions, and individuals within racial or ethnic | 1993 |
minority groups; | 1994 |
(3) Components that include training in interdisciplinary | 1995 |
cooperation between physicians, advanced practice registered | 1996 |
nurses, and physician assistants in the patient centered medical | 1997 |
home model of care, including curricula ensuring that a common | 1998 |
conception of a patient centered medical home model of care is | 1999 |
provided to medical students, advanced practice registered nurses, | 2000 |
physician assistants, and primary care residents. | 2001 |
(B) The director or advisory group may work in association | 2002 |
with the medical, nursing, and physician assistant schools or | 2003 |
programs to identify funding sources to ensure that the curricula | 2004 |
developed under division (A) of this section are accessible to | 2005 |
medical students, advanced practice registered nursing students, | 2006 |
physician assistant students, and primary care residents. The | 2007 |
director or advisory group shall consider scholarship options or | 2008 |
incentives provided to students in addition to those provided | 2009 |
under the choose Ohio first scholarship program operated under | 2010 |
section 3333.61 of the Revised Code. | 2011 |
Sec. 3701.929. (A) If the director of health establishes the | 2012 |
patient centered medical home education pilot project, the | 2013 |
director shall prepare reports of its findings and recommendations | 2014 |
from the pilot project. Each report shall include an evaluation of | 2015 |
the learning opportunities generated by the pilot project, the | 2016 |
physicians and advanced practice registered nurses trained in the | 2017 |
pilot project, the costs of the pilot project, and the extent to | 2018 |
which the pilot project has met the set of expected outcomes | 2019 |
developed under division (A) of section 3701.924 of the Revised | 2020 |
Code. | 2021 |
(B) The reports shall be completed in accordance with the | 2022 |
following schedule: | 2023 |
(1) An interim report not later than six months after the | 2024 |
date on which the last primary care practice selected to | 2025 |
participate in the project enters into a contract with the | 2026 |
department of health pursuant to section 3701.927 of the Revised | 2027 |
Code; | 2028 |
(2) An update of the interim report not later than one year | 2029 |
after the date specified under division (B)(1) of this section; | 2030 |
(3) A final report not later than two years after the date | 2031 |
specified under division (B)(1) of this section. | 2032 |
(C) The director shall submit each of the reports to the | 2033 |
governor and, in accordance with section 101.68 of the Revised | 2034 |
Code, to the general assembly. | 2035 |
Sec. 3712.01. As used in this chapter: | 2036 |
(A) "Hospice care program" means a coordinated program of | 2037 |
home, outpatient, and inpatient care and services that is operated | 2038 |
by a person or public agency and that provides the following care | 2039 |
and services to hospice patients, including services as indicated | 2040 |
below to hospice patients' families, through a medically directed | 2041 |
interdisciplinary team, under interdisciplinary plans of care | 2042 |
established pursuant to section 3712.06 of the Revised Code, in | 2043 |
order to meet the physical, psychological, social, spiritual, and | 2044 |
other special needs that are experienced during the final stages | 2045 |
of illness, dying, and bereavement: | 2046 |
(1) Nursing care by or under the supervision of a registered | 2047 |
nurse; | 2048 |
(2) Physical, occupational, or speech or language therapy, | 2049 |
unless waived by the department of health pursuant to rules | 2050 |
adopted under division (A) of section 3712.03 of the Revised Code; | 2051 |
(3) Medical social services by a social worker under the | 2052 |
direction of a physician; | 2053 |
(4) Services of a home health aide; | 2054 |
(5) Medical supplies, including drugs and biologicals, and | 2055 |
the use of medical appliances; | 2056 |
(6) Physician's services; | 2057 |
(7) Short-term inpatient care, including both palliative and | 2058 |
respite care and procedures; | 2059 |
(8) Counseling for hospice patients and hospice patients' | 2060 |
families; | 2061 |
(9) Services of volunteers under the direction of the | 2062 |
provider of the hospice care program; | 2063 |
(10) Bereavement services for hospice patients' families. | 2064 |
"Hospice care program" does not include a pediatric respite | 2065 |
care program. | 2066 |
(B) "Hospice patient" means a patient, other than a pediatric | 2067 |
respite care patient, who has been diagnosed as terminally ill, | 2068 |
has an anticipated life expectancy of six months or less, and has | 2069 |
voluntarily requested and is receiving care from a person or | 2070 |
public agency licensed under this chapter to provide a hospice | 2071 |
care program. | 2072 |
(C) "Hospice patient's family" means a hospice patient's | 2073 |
immediate family members, including a spouse, brother, sister, | 2074 |
child, or parent, and any other relative or individual who has | 2075 |
significant personal ties to the patient and who is designated as | 2076 |
a member of the patient's family by mutual agreement of the | 2077 |
patient, the relative or individual, and the patient's | 2078 |
interdisciplinary team. | 2079 |
(D) "Interdisciplinary team" means a working unit composed of | 2080 |
professional and lay persons that includes at least a physician, a | 2081 |
registered nurse, a social worker, a member of the clergy or a | 2082 |
counselor, and a volunteer. | 2083 |
(E) "Palliative care" means treatment for a patient with a | 2084 |
serious or life-threatening illness directed at controlling pain, | 2085 |
relieving other symptoms, and enhancing the quality of life of the | 2086 |
patient and the patient's family rather than treatment for the | 2087 |
purpose of cure. Nothing in this section shall be interpreted to | 2088 |
mean that palliative care can be provided only as a component of a | 2089 |
hospice care program or pediatric respite care program. | 2090 |
(F) "Physician" means a person authorized under Chapter 4731. | 2091 |
of the Revised Code to practice medicine and surgery or | 2092 |
osteopathic medicine and surgery. | 2093 |
(G) "Attending physician" means the physician identified by | 2094 |
the hospice patient | 2095 |
hospice patient's family, or pediatric respite care patient's | 2096 |
family as having primary responsibility for the | 2097 |
medical care of the hospice patient or pediatric respite care | 2098 |
patient. | 2099 |
(H) "Registered nurse" means a person registered under | 2100 |
Chapter 4723. of the Revised Code to practice professional | 2101 |
nursing. | 2102 |
(I) "Social worker" means a person licensed under Chapter | 2103 |
4757. of the Revised Code to practice as a social worker or | 2104 |
independent social worker. | 2105 |
(J) "Pediatric respite care program" means a program operated | 2106 |
by a person or public agency that provides inpatient respite care | 2107 |
and related services, including all of the following services, | 2108 |
only to pediatric respite care patients and, as indicated below, | 2109 |
pediatric respite care patients' families, in order to meet the | 2110 |
physical, psychological, social, spiritual, and other special | 2111 |
needs that are experienced during or leading up to the final | 2112 |
stages of illness, dying, and bereavement: | 2113 |
(1) Short-term inpatient care, including both palliative and | 2114 |
respite care and procedures; | 2115 |
(2) Nursing care by or under the supervision of a registered | 2116 |
nurse; | 2117 |
(3) Physician's services; | 2118 |
(4) Medical social services by a social worker under the | 2119 |
direction of a physician; | 2120 |
(5) Medical supplies, including drugs and biologicals, and | 2121 |
the use of medical appliances; | 2122 |
(6) Counseling for pediatric respite care patients and | 2123 |
pediatric respite care patients' families; | 2124 |
(7) Bereavement services for respite care patients' families. | 2125 |
"Pediatric respite care program" does not include a hospice | 2126 |
care program. | 2127 |
(K) "Pediatric respite care patient" means a patient, other | 2128 |
than a hospice patient, who is less than twenty-seven years of age | 2129 |
and to whom all of the following conditions apply: | 2130 |
(1) The patient has been diagnosed with a disease or | 2131 |
condition that is life-threatening and is expected to shorten the | 2132 |
life expectancy that would have applied to the patient absent the | 2133 |
patient's diagnosis, regardless of whether the patient is | 2134 |
terminally ill. | 2135 |
(2) The diagnosis described in division (K)(1) of this | 2136 |
section occurred while the patient was less than eighteen years of | 2137 |
age. | 2138 |
(3) The patient has voluntarily requested and is receiving | 2139 |
care from a person or public agency licensed under this chapter to | 2140 |
provide a pediatric respite care program. | 2141 |
(L) "Pediatric respite care patient's family" means a | 2142 |
pediatric respite care patient's family members, including a | 2143 |
spouse, brother, sister, child, or parent, and any other relative | 2144 |
or individual who has significant personal ties to the patient and | 2145 |
who is designated as a member of the patient's family by mutual | 2146 |
agreement of the patient, the relative or individual, and the | 2147 |
patient's interdisciplinary team. | 2148 |
Sec. 3712.03. (A) In accordance with Chapter 119. of the | 2149 |
Revised Code, the director of health shall adopt, and may amend | 2150 |
and rescind, rules: | 2151 |
(1) Providing for the licensing of persons or public agencies | 2152 |
providing hospice care programs within this state by the | 2153 |
department of health and for the suspension and revocation of | 2154 |
licenses; | 2155 |
(2) Establishing a license fee and license renewal fee for | 2156 |
hospice care programs, neither of which shall, except as provided | 2157 |
in division (B) of this section, exceed six hundred dollars. The | 2158 |
fees shall cover the three-year period during which an existing | 2159 |
license is valid as provided in division (B) of section 3712.04 of | 2160 |
the Revised Code. | 2161 |
(3) Establishing an inspection fee for hospice care programs | 2162 |
not to exceed, except as provided in division (B) of this section, | 2163 |
one thousand seven hundred fifty dollars; | 2164 |
(4) Establishing requirements for hospice care program | 2165 |
facilities and services; | 2166 |
(5) Providing for a waiver of the requirement for the | 2167 |
provision of physical, occupational, or speech or language therapy | 2168 |
contained in division (A)(2) of section 3712.01 of the Revised | 2169 |
Code when the requirement would create a hardship because such | 2170 |
therapy is not readily available in the geographic area served by | 2171 |
the provider of a hospice care program; | 2172 |
(6) Providing for the granting of licenses to provide hospice | 2173 |
care programs to persons and public agencies that are accredited | 2174 |
or certified to provide such programs by an entity whose standards | 2175 |
for accreditation or certification equal or exceed those provided | 2176 |
for licensure under this chapter and rules adopted under it; | 2177 |
(7) Establishing interpretive guidelines for each rule | 2178 |
adopted under this section. | 2179 |
(B) Subject to the approval of the controlling board, the | 2180 |
director may establish fees in excess of the maximum amounts | 2181 |
specified in this section, provided that the fees do not exceed | 2182 |
those amounts by greater than fifty per cent. | 2183 |
(C) The department of health shall: | 2184 |
(1) Grant, suspend, and revoke licenses for hospice care | 2185 |
programs in accordance with this chapter and rules adopted under | 2186 |
it; | 2187 |
(2) Make such inspections as are necessary to determine | 2188 |
whether hospice care program facilities and services meet the | 2189 |
requirements of this chapter and rules adopted under it; and | 2190 |
(3) Implement and enforce provisions of this chapter and | 2191 |
rules adopted under it as such provisions apply to hospice care | 2192 |
programs. | 2193 |
Sec. 3712.031. (A) In accordance with Chapter 119. of the | 2194 |
Revised Code, the director of health shall adopt, and may amend | 2195 |
and rescind, rules: | 2196 |
(1) Providing for the licensing of persons or public agencies | 2197 |
providing pediatric respite care programs within this state by the | 2198 |
department of health and for the suspension and revocation of | 2199 |
licenses; | 2200 |
(2) Establishing a license fee and license renewal fee for | 2201 |
pediatric respite care programs, neither of which shall, except as | 2202 |
provided in division (B) of this section, exceed six hundred | 2203 |
dollars. The fees shall cover the three-year period during which | 2204 |
an existing license is valid as provided in division (B) of | 2205 |
section 3712.041 of the Revised Code. | 2206 |
(3) Establishing an inspection fee not to exceed, except as | 2207 |
provided in division (B) of this section, one thousand seven | 2208 |
hundred fifty dollars; | 2209 |
(4) Establishing requirements for pediatric respite care | 2210 |
program facilities and services; | 2211 |
(5) Providing for the granting of licenses to provide | 2212 |
pediatric respite care programs to persons and public agencies | 2213 |
that are accredited or certified to provide such programs by an | 2214 |
entity whose standards for accreditation or certification equal or | 2215 |
exceed those provided for licensure under this chapter and rules | 2216 |
adopted under it; | 2217 |
(6) Establishing interpretive guidelines for each rule | 2218 |
adopted under this section. | 2219 |
(B) Subject to the approval of the controlling board, the | 2220 |
director of health may establish fees in excess of the maximum | 2221 |
amounts specified in this section, provided that the fees do not | 2222 |
exceed those amounts by greater than fifty per cent. | 2223 |
(C) The department of health shall: | 2224 |
(1) Grant, suspend, and revoke licenses for pediatric respite | 2225 |
care programs in accordance with this chapter and rules adopted | 2226 |
under it; | 2227 |
(2) Make such inspections as are necessary to determine | 2228 |
whether pediatric respite care program facilities and services | 2229 |
meet the requirements of this chapter and rules adopted under it; | 2230 |
and | 2231 |
(3) Implement and enforce provisions of this chapter and | 2232 |
rules adopted under it as such provisions apply to pediatric | 2233 |
respite care programs. | 2234 |
Sec. 3712.041. (A) Every person or public agency that | 2235 |
proposes to provide a pediatric respite care program shall apply | 2236 |
to the department of health for a license. Application shall be | 2237 |
made on forms prescribed and provided by the department, shall | 2238 |
include such information as the department requires, and shall be | 2239 |
accompanied by the license fee established by rules adopted by the | 2240 |
director of health under division (A) of section 3712.031 of the | 2241 |
Revised Code. | 2242 |
The department shall grant a license to the applicant if the | 2243 |
applicant is in compliance with this chapter and rules adopted | 2244 |
under it. | 2245 |
(B) A license granted under this section shall be valid for | 2246 |
three years. Application for renewal of a license shall be made at | 2247 |
least ninety days before the expiration of the license in the same | 2248 |
manner as for an initial license. The department shall renew the | 2249 |
license if the applicant meets the requirements of this chapter | 2250 |
and rules adopted under it. | 2251 |
(C) Subject to Chapter 119. of the Revised Code, the | 2252 |
department may suspend or revoke a license if the licensee made | 2253 |
any material misrepresentation in the application for the license | 2254 |
or no longer meets the requirements of this chapter or rules | 2255 |
adopted under it. | 2256 |
Sec. 3712.051. (A) As used in this division, "person" does | 2257 |
not include a member of an interdisciplinary team, as defined in | 2258 |
section 3712.01 of the Revised Code, or any individual who is | 2259 |
employed by a person or public agency licensed under section | 2260 |
3712.041 of the Revised Code. | 2261 |
Except as provided in division (B) of this section, no person | 2262 |
or public agency, other than a person or public agency licensed | 2263 |
pursuant to section 3712.041 of the Revised Code, shall hold | 2264 |
itself out as providing a pediatric respite care program, or | 2265 |
provide a pediatric respite care program, or use the term | 2266 |
"pediatric respite care program" or any term containing "pediatric | 2267 |
respite care" to describe or refer to a health program, facility, | 2268 |
or agency. | 2269 |
(B) Division (A) of this section does not apply to any of the | 2270 |
following: | 2271 |
(1) A hospital; | 2272 |
(2) A nursing home or residential care facility, as those | 2273 |
terms are defined in section 3721.01 of the Revised Code; | 2274 |
(3) A home health agency, if it provides services under | 2275 |
contract with a person or public agency providing a pediatric | 2276 |
respite care program licensed under section 3712.041 of the | 2277 |
Revised Code; | 2278 |
(4) A regional, state, or national nonprofit organization | 2279 |
whose members are providers of pediatric respite care programs, | 2280 |
individuals interested in pediatric respite care programs, or | 2281 |
both, as long as the organization does not provide or represent | 2282 |
that it provides pediatric respite care programs; | 2283 |
(5) A person or government entity certified under section | 2284 |
5123.161 of the Revised Code as a supported living provider; | 2285 |
(6) A residential facility licensed under section 5123.19 of | 2286 |
the Revised Code; | 2287 |
(7) A respite care home certified under section 5126.05 of | 2288 |
the Revised Code; | 2289 |
(8) A person providing respite care under a family support | 2290 |
services program established under section 5126.11 of the Revised | 2291 |
Code; | 2292 |
(9) A person or government entity providing respite care | 2293 |
under a medicaid waiver component that the department of | 2294 |
developmental disabilities administers pursuant to section | 2295 |
5111.871 of the Revised Code. | 2296 |
(C) The department of health shall petition the court of | 2297 |
common pleas of any county in which a person or public agency, | 2298 |
without a license granted under section 3712.041 of the Revised | 2299 |
Code, is holding itself out as providing a pediatric respite care | 2300 |
program, is providing a pediatric respite care program, or is | 2301 |
representing a health program, facility, or agency as a pediatric | 2302 |
respite care program, for an order enjoining that person or public | 2303 |
agency from conducting those activities without a license. The | 2304 |
court has jurisdiction to grant injunctive relief upon a showing | 2305 |
that the respondent named in the petition is conducting those | 2306 |
activities without a license. | 2307 |
Any person or public agency may request the department to | 2308 |
petition the court for injunctive relief under this division, and | 2309 |
the department shall do so if it determines that the person or | 2310 |
public agency named in the request is violating division (A) of | 2311 |
this section. | 2312 |
Sec. 3712.061. (A) Any person or public agency licensed under | 2313 |
section 3712.041 of the Revised Code to provide a pediatric | 2314 |
respite care program shall do all of the following: | 2315 |
(1) Provide a planned and continuous pediatric respite care | 2316 |
program, the medical components of which shall be under the | 2317 |
direction of a physician; | 2318 |
(2) Ensure that care is available twenty-four hours a day and | 2319 |
seven days a week; | 2320 |
(3) Establish an interdisciplinary plan of care for each | 2321 |
pediatric respite care patient and the patient's family that: | 2322 |
(a) Is coordinated by one designated individual who shall | 2323 |
ensure that all components of the plan of care are addressed and | 2324 |
implemented; | 2325 |
(b) Addresses maintenance of patient-family participation in | 2326 |
decision making; and | 2327 |
(c) Is reviewed by the patient's attending physician and by | 2328 |
the patient's interdisciplinary team immediately prior to or on | 2329 |
admission to each session of respite care. | 2330 |
(4) Have an interdisciplinary team or teams that provide or | 2331 |
supervise the provision of pediatric respite care program services | 2332 |
and establish the policies governing the provision of the | 2333 |
services; | 2334 |
(5) Maintain central clinical records on all pediatric | 2335 |
respite care patients under its care. | 2336 |
(B) A provider of a pediatric respite care program may | 2337 |
arrange for another person or public agency to furnish a component | 2338 |
or components of the pediatric respite care program pursuant to a | 2339 |
written contract. When a provider of a pediatric respite care | 2340 |
program arranges for a home health agency to furnish a component | 2341 |
or components of the pediatric respite care program to its | 2342 |
patient, the care shall be provided by a home health agency | 2343 |
pursuant to a written contract under which: | 2344 |
(1) The provider of a pediatric respite care program | 2345 |
furnishes to the contractor a copy of the pediatric respite care | 2346 |
patient's interdisciplinary plan of care that is established under | 2347 |
division (A)(3) of this section and specifies the care that is to | 2348 |
be furnished by the contractor; | 2349 |
(2) The regimen described in the established plan of care is | 2350 |
continued while the pediatric respite care patient receives care | 2351 |
from the contractor, subject to the patient's needs, and with | 2352 |
approval of the coordinator of the interdisciplinary team | 2353 |
designated pursuant to division (A)(3)(a) of this section; | 2354 |
(3) All care, treatment, and services furnished by the | 2355 |
contractor are entered into the pediatric respite care patient's | 2356 |
medical record; | 2357 |
(4) The designated coordinator of the interdisciplinary team | 2358 |
ensures conformance with the established plan of care; and | 2359 |
(5) A copy of the contractor's medical record and discharge | 2360 |
summary is retained as part of the pediatric respite care | 2361 |
patient's medical record. | 2362 |
Sec. 3712.09. (A) As used in this section: | 2363 |
(1) "Applicant" means a person who is under final | 2364 |
consideration for employment with a hospice care program or | 2365 |
pediatric respite care program in a full-time, part-time, or | 2366 |
temporary position that involves providing direct care to an older | 2367 |
adult or pediatric respite care patient. "Applicant" does not | 2368 |
include a person who provides direct care as a volunteer without | 2369 |
receiving or expecting to receive any form of remuneration other | 2370 |
than reimbursement for actual expenses. | 2371 |
(2) "Criminal records check" has the same meaning as in | 2372 |
section 109.572 of the Revised Code. | 2373 |
(3) "Older adult" means a person age sixty or older. | 2374 |
(B)(1) Except as provided in division (I) of this section, | 2375 |
the chief administrator of a hospice care program or pediatric | 2376 |
respite care program shall request that the superintendent of the | 2377 |
bureau of criminal identification and investigation conduct a | 2378 |
criminal records check of each applicant. If an applicant for whom | 2379 |
a criminal records check request is required under this division | 2380 |
does not present proof of having been a resident of this state for | 2381 |
the five-year period immediately prior to the date the criminal | 2382 |
records check is requested or provide evidence that within that | 2383 |
five-year period the superintendent has requested information | 2384 |
about the applicant from the federal bureau of investigation in a | 2385 |
criminal records check, the chief administrator shall request that | 2386 |
the superintendent obtain information from the federal bureau of | 2387 |
investigation as part of the criminal records check of the | 2388 |
applicant. Even if an applicant for whom a criminal records check | 2389 |
request is required under this division presents proof of having | 2390 |
been a resident of this state for the five-year period, the chief | 2391 |
administrator may request that the superintendent include | 2392 |
information from the federal bureau of investigation in the | 2393 |
criminal records check. | 2394 |
(2) A person required by division (B)(1) of this section to | 2395 |
request a criminal records check shall do both of the following: | 2396 |
(a) Provide to each applicant for whom a criminal records | 2397 |
check request is required under that division a copy of the form | 2398 |
prescribed pursuant to division (C)(1) of section 109.572 of the | 2399 |
Revised Code and a standard fingerprint impression sheet | 2400 |
prescribed pursuant to division (C)(2) of that section, and obtain | 2401 |
the completed form and impression sheet from the applicant; | 2402 |
(b) Forward the completed form and impression sheet to the | 2403 |
superintendent of the bureau of criminal identification and | 2404 |
investigation. | 2405 |
(3) An applicant provided the form and fingerprint impression | 2406 |
sheet under division (B)(2)(a) of this section who fails to | 2407 |
complete the form or provide fingerprint impressions shall not be | 2408 |
employed in any position for which a criminal records check is | 2409 |
required by this section. | 2410 |
(C)(1) Except as provided in rules adopted by the director of | 2411 |
health in accordance with division (F) of this section and subject | 2412 |
to division (C)(2) of this section, no hospice care program or | 2413 |
pediatric respite care program shall employ a person in a position | 2414 |
that involves providing direct care to an older adult or pediatric | 2415 |
respite care patient if the person has been convicted of or | 2416 |
pleaded guilty to any of the following: | 2417 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 2418 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2419 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 2420 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 2421 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 2422 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 2423 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 2424 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 2425 |
2925.22, 2925.23, or 3716.11 of the Revised Code. | 2426 |
(b) A violation of an existing or former law of this state, | 2427 |
any other state, or the United States that is substantially | 2428 |
equivalent to any of the offenses listed in division (C)(1)(a) of | 2429 |
this section. | 2430 |
(2)(a) A hospice care program or pediatric respite care | 2431 |
program may employ conditionally an applicant for whom a criminal | 2432 |
records check request is required under division (B) of this | 2433 |
section prior to obtaining the results of a criminal records check | 2434 |
regarding the individual, provided that the program shall request | 2435 |
a criminal records check regarding the individual in accordance | 2436 |
with division (B)(1) of this section not later than five business | 2437 |
days after the individual begins conditional employment. In the | 2438 |
circumstances described in division (I)(2) of this section, a | 2439 |
hospice care program or pediatric respite care program may employ | 2440 |
conditionally an applicant who has been referred to the hospice | 2441 |
care program or pediatric respite care program by an employment | 2442 |
service that supplies full-time, part-time, or temporary staff for | 2443 |
positions involving the direct care of older adults or pediatric | 2444 |
respite care patients and for whom, pursuant to that division, a | 2445 |
criminal records check is not required under division (B) of this | 2446 |
section. | 2447 |
(b) A hospice care program or pediatric respite care program | 2448 |
that employs an individual conditionally under authority of | 2449 |
division (C)(2)(a) of this section shall terminate the | 2450 |
individual's employment if the results of the criminal records | 2451 |
check requested under division (B) of this section or described in | 2452 |
division (I)(2) of this section, other than the results of any | 2453 |
request for information from the federal bureau of investigation, | 2454 |
are not obtained within the period ending thirty days after the | 2455 |
date the request is made. Regardless of when the results of the | 2456 |
criminal records check are obtained, if the results indicate that | 2457 |
the individual has been convicted of or pleaded guilty to any of | 2458 |
the offenses listed or described in division (C)(1) of this | 2459 |
section, the program shall terminate the individual's employment | 2460 |
unless the program chooses to employ the individual pursuant to | 2461 |
division (F) of this section. Termination of employment under this | 2462 |
division shall be considered just cause for discharge for purposes | 2463 |
of division (D)(2) of section 4141.29 of the Revised Code if the | 2464 |
individual makes any attempt to deceive the program about the | 2465 |
individual's criminal record. | 2466 |
(D)(1) Each hospice care program or pediatric respite care | 2467 |
program shall pay to the bureau of criminal identification and | 2468 |
investigation the fee prescribed pursuant to division (C)(3) of | 2469 |
section 109.572 of the Revised Code for each criminal records | 2470 |
check conducted pursuant to a request made under division (B) of | 2471 |
this section. | 2472 |
(2) A hospice care program or pediatric respite care program | 2473 |
may charge an applicant a fee not exceeding the amount the program | 2474 |
pays under division (D)(1) of this section. A program may collect | 2475 |
a fee only if both of the following apply: | 2476 |
(a) The program notifies the person at the time of initial | 2477 |
application for employment of the amount of the fee and that, | 2478 |
unless the fee is paid, the person will not be considered for | 2479 |
employment; | 2480 |
(b) The medical assistance program established under Chapter | 2481 |
5111. of the Revised Code does not reimburse the program the fee | 2482 |
it pays under division (D)(1) of this section. | 2483 |
(E) The report of a criminal records check conducted pursuant | 2484 |
to a request made under this section is not a public record for | 2485 |
the purposes of section 149.43 of the Revised Code and shall not | 2486 |
be made available to any person other than the following: | 2487 |
(1) The individual who is the subject of the criminal records | 2488 |
check or the individual's representative; | 2489 |
(2) The chief administrator of the program requesting the | 2490 |
criminal records check or the administrator's representative; | 2491 |
(3) The administrator of any other facility, agency, or | 2492 |
program that provides direct care to older adults or pediatric | 2493 |
respite care patients that is owned or operated by the same entity | 2494 |
that owns or operates the hospice care program or pediatric | 2495 |
respite care program; | 2496 |
(4) A court, hearing officer, or other necessary individual | 2497 |
involved in a case dealing with a denial of employment of the | 2498 |
applicant or dealing with employment or unemployment benefits of | 2499 |
the applicant; | 2500 |
(5) Any person to whom the report is provided pursuant to, | 2501 |
and in accordance with, division (I)(1) or (2) of this section. | 2502 |
(F) The director of health shall adopt rules in accordance | 2503 |
with Chapter 119. of the Revised Code to implement this section. | 2504 |
The rules shall specify circumstances under which a hospice care | 2505 |
program or pediatric respite care program may employ a person who | 2506 |
has been convicted of or pleaded guilty to an offense listed or | 2507 |
described in division (C)(1) of this section but meets personal | 2508 |
character standards set by the director. | 2509 |
(G) The chief administrator of a hospice care program or | 2510 |
pediatric respite care program shall inform each individual, at | 2511 |
the time of initial application for a position that involves | 2512 |
providing direct care to an older adult or pediatric respite care | 2513 |
patient, that the individual is required to provide a set of | 2514 |
fingerprint impressions and that a criminal records check is | 2515 |
required to be conducted if the individual comes under final | 2516 |
consideration for employment. | 2517 |
(H) In a tort or other civil action for damages that is | 2518 |
brought as the result of an injury, death, or loss to person or | 2519 |
property caused by an individual who a hospice care program or | 2520 |
pediatric respite care program employs in a position that involves | 2521 |
providing direct care to older adults or pediatric respite care | 2522 |
patients, all of the following shall apply: | 2523 |
(1) If the program employed the individual in good faith and | 2524 |
reasonable reliance on the report of a criminal records check | 2525 |
requested under this section, the program shall not be found | 2526 |
negligent solely because of its reliance on the report, even if | 2527 |
the information in the report is determined later to have been | 2528 |
incomplete or inaccurate; | 2529 |
(2) If the program employed the individual in good faith on a | 2530 |
conditional basis pursuant to division (C)(2) of this section, the | 2531 |
program shall not be found negligent solely because it employed | 2532 |
the individual prior to receiving the report of a criminal records | 2533 |
check requested under this section; | 2534 |
(3) If the program in good faith employed the individual | 2535 |
according to the personal character standards established in rules | 2536 |
adopted under division (F) of this section, the program shall not | 2537 |
be found negligent solely because the individual prior to being | 2538 |
employed had been convicted of or pleaded guilty to an offense | 2539 |
listed or described in division (C)(1) of this section. | 2540 |
(I)(1) The chief administrator of a hospice care program or | 2541 |
pediatric respite care program is not required to request that the | 2542 |
superintendent of the bureau of criminal identification and | 2543 |
investigation conduct a criminal records check of an applicant if | 2544 |
the applicant has been referred to the program by an employment | 2545 |
service that supplies full-time, part-time, or temporary staff for | 2546 |
positions involving the direct care of older adults or pediatric | 2547 |
respite care patients and both of the following apply: | 2548 |
(a) The chief administrator receives from the employment | 2549 |
service or the applicant a report of the results of a criminal | 2550 |
records check regarding the applicant that has been conducted by | 2551 |
the superintendent within the one-year period immediately | 2552 |
preceding the applicant's referral; | 2553 |
(b) The report of the criminal records check demonstrates | 2554 |
that the person has not been convicted of or pleaded guilty to an | 2555 |
offense listed or described in division (C)(1) of this section, or | 2556 |
the report demonstrates that the person has been convicted of or | 2557 |
pleaded guilty to one or more of those offenses, but the hospice | 2558 |
care program or pediatric respite care program chooses to employ | 2559 |
the individual pursuant to division (F) of this section. | 2560 |
(2) The chief administrator of a hospice care program or | 2561 |
pediatric respite care program is not required to request that the | 2562 |
superintendent of the bureau of criminal identification and | 2563 |
investigation conduct a criminal records check of an applicant and | 2564 |
may employ the applicant conditionally as described in this | 2565 |
division, if the applicant has been referred to the program by an | 2566 |
employment service that supplies full-time, part-time, or | 2567 |
temporary staff for positions involving the direct care of older | 2568 |
adults or pediatric respite care patients and if the chief | 2569 |
administrator receives from the employment service or the | 2570 |
applicant a letter from the employment service that is on the | 2571 |
letterhead of the employment service, dated, and signed by a | 2572 |
supervisor or another designated official of the employment | 2573 |
service and that states that the employment service has requested | 2574 |
the superintendent to conduct a criminal records check regarding | 2575 |
the applicant, that the requested criminal records check will | 2576 |
include a determination of whether the applicant has been | 2577 |
convicted of or pleaded guilty to any offense listed or described | 2578 |
in division (C)(1) of this section, that, as of the date set forth | 2579 |
on the letter, the employment service had not received the results | 2580 |
of the criminal records check, and that, when the employment | 2581 |
service receives the results of the criminal records check, it | 2582 |
promptly will send a copy of the results to the hospice care | 2583 |
program or pediatric respite care program. If a hospice care | 2584 |
program or pediatric respite care program employs an applicant | 2585 |
conditionally in accordance with this division, the employment | 2586 |
service, upon its receipt of the results of the criminal records | 2587 |
check, promptly shall send a copy of the results to the hospice | 2588 |
care program or pediatric respite care program, and division | 2589 |
(C)(2)(b) of this section applies regarding the conditional | 2590 |
employment. | 2591 |
Sec. 3712.99. Any person who violates division (A) of | 2592 |
section 3712.05 or division (A) of section 3712.051 of the Revised | 2593 |
Code is guilty of a misdemeanor of the second degree on a first | 2594 |
offense; on each subsequent offense the person is guilty of a | 2595 |
misdemeanor of the first degree. | 2596 |
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 2597 |
3721.99 of the Revised Code: | 2598 |
(1)(a) "Home" means an institution, residence, or facility | 2599 |
that provides, for a period of more than twenty-four hours, | 2600 |
whether for a consideration or not, accommodations to three or | 2601 |
more unrelated individuals who are dependent upon the services of | 2602 |
others, including a nursing home, residential care facility, home | 2603 |
for the aging, and a veterans' home operated under Chapter 5907. | 2604 |
of the Revised Code. | 2605 |
(b) "Home" also means both of the following: | 2606 |
(i) Any facility that a person, as defined in section 3702.51 | 2607 |
of the Revised Code, proposes for certification as a skilled | 2608 |
nursing facility or nursing facility under Title XVIII or XIX of | 2609 |
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 2610 |
as amended, and for which a certificate of need, other than a | 2611 |
certificate to recategorize hospital beds as described in section | 2612 |
3702.521 of the Revised Code or division (R)(7)(d) of the version | 2613 |
of section 3702.51 of the Revised Code in effect immediately prior | 2614 |
to April 20, 1995, has been granted to the person under sections | 2615 |
3702.51 to 3702.62 of the Revised Code after August 5, 1989; | 2616 |
(ii) A county home or district home that is or has been | 2617 |
licensed as a residential care facility. | 2618 |
(c) "Home" does not mean any of the following: | 2619 |
(i) Except as provided in division (A)(1)(b) of this section, | 2620 |
a public hospital or hospital as defined in section 3701.01 or | 2621 |
5122.01 of the Revised Code; | 2622 |
(ii) A residential facility as defined in section 5119.22 of | 2623 |
the Revised Code; | 2624 |
(iii) A residential facility as defined in section 5123.19 of | 2625 |
the Revised Code; | 2626 |
(iv) An alcohol or drug addiction program as defined in | 2627 |
section 3793.01 of the Revised Code; | 2628 |
(v) A facility licensed to provide methadone treatment under | 2629 |
section 3793.11 of the Revised Code; | 2630 |
(vi) A facility providing services under contract with the | 2631 |
department of developmental disabilities under section 5123.18 of | 2632 |
the Revised Code; | 2633 |
(vii) A facility operated by a hospice care program licensed | 2634 |
under section 3712.04 of the Revised Code that is used exclusively | 2635 |
for care of hospice patients; | 2636 |
(viii) A facility operated by a pediatric respite care | 2637 |
program licensed under section 3712.041 of the Revised Code that | 2638 |
is used exclusively for care of pediatric respite care patients; | 2639 |
(ix) A facility, infirmary, or other entity that is operated | 2640 |
by a religious order, provides care exclusively to members of | 2641 |
religious orders who take vows of celibacy and live by virtue of | 2642 |
their vows within the orders as if related, and does not | 2643 |
participate in the medicare program established under Title XVIII | 2644 |
of the "Social Security Act" or the medical assistance program | 2645 |
established under Chapter 5111. of the Revised Code and Title XIX | 2646 |
of the "Social Security Act," if on January 1, 1994, the facility, | 2647 |
infirmary, or entity was providing care exclusively to members of | 2648 |
the religious order; | 2649 |
| 2650 |
licensed as a residential care facility. | 2651 |
(2) "Unrelated individual" means one who is not related to | 2652 |
the owner or operator of a home or to the spouse of the owner or | 2653 |
operator as a parent, grandparent, child, grandchild, brother, | 2654 |
sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 2655 |
uncle. | 2656 |
(3) "Mental impairment" does not mean mental illness as | 2657 |
defined in section 5122.01 of the Revised Code or mental | 2658 |
retardation as defined in section 5123.01 of the Revised Code. | 2659 |
(4) "Skilled nursing care" means procedures that require | 2660 |
technical skills and knowledge beyond those the untrained person | 2661 |
possesses and that are commonly employed in providing for the | 2662 |
physical, mental, and emotional needs of the ill or otherwise | 2663 |
incapacitated. "Skilled nursing care" includes, but is not limited | 2664 |
to, the following: | 2665 |
(a) Irrigations, catheterizations, application of dressings, | 2666 |
and supervision of special diets; | 2667 |
(b) Objective observation of changes in the patient's | 2668 |
condition as a means of analyzing and determining the nursing care | 2669 |
required and the need for further medical diagnosis and treatment; | 2670 |
(c) Special procedures contributing to rehabilitation; | 2671 |
(d) Administration of medication by any method ordered by a | 2672 |
physician, such as hypodermically, rectally, or orally, including | 2673 |
observation of the patient after receipt of the medication; | 2674 |
(e) Carrying out other treatments prescribed by the physician | 2675 |
that involve a similar level of complexity and skill in | 2676 |
administration. | 2677 |
(5)(a) "Personal care services" means services including, but | 2678 |
not limited to, the following: | 2679 |
(i) Assisting residents with activities of daily living; | 2680 |
(ii) Assisting residents with self-administration of | 2681 |
medication, in accordance with rules adopted under section 3721.04 | 2682 |
of the Revised Code; | 2683 |
(iii) Preparing special diets, other than complex therapeutic | 2684 |
diets, for residents pursuant to the instructions of a physician | 2685 |
or a licensed dietitian, in accordance with rules adopted under | 2686 |
section 3721.04 of the Revised Code. | 2687 |
(b) "Personal care services" does not include "skilled | 2688 |
nursing care" as defined in division (A)(4) of this section. A | 2689 |
facility need not provide more than one of the services listed in | 2690 |
division (A)(5)(a) of this section to be considered to be | 2691 |
providing personal care services. | 2692 |
(6) "Nursing home" means a home used for the reception and | 2693 |
care of individuals who by reason of illness or physical or mental | 2694 |
impairment require skilled nursing care and of individuals who | 2695 |
require personal care services but not skilled nursing care. A | 2696 |
nursing home is licensed to provide personal care services and | 2697 |
skilled nursing care. | 2698 |
(7) "Residential care facility" means a home that provides | 2699 |
either of the following: | 2700 |
(a) Accommodations for seventeen or more unrelated | 2701 |
individuals and supervision and personal care services for three | 2702 |
or more of those individuals who are dependent on the services of | 2703 |
others by reason of age or physical or mental impairment; | 2704 |
(b) Accommodations for three or more unrelated individuals, | 2705 |
supervision and personal care services for at least three of those | 2706 |
individuals who are dependent on the services of others by reason | 2707 |
of age or physical or mental impairment, and, to at least one of | 2708 |
those individuals, any of the skilled nursing care authorized by | 2709 |
section 3721.011 of the Revised Code. | 2710 |
(8) "Home for the aging" means a home that provides services | 2711 |
as a residential care facility and a nursing home, except that the | 2712 |
home provides its services only to individuals who are dependent | 2713 |
on the services of others by reason of both age and physical or | 2714 |
mental impairment. | 2715 |
The part or unit of a home for the aging that provides | 2716 |
services only as a residential care facility is licensed as a | 2717 |
residential care facility. The part or unit that may provide | 2718 |
skilled nursing care beyond the extent authorized by section | 2719 |
3721.011 of the Revised Code is licensed as a nursing home. | 2720 |
(9) "County home" and "district home" mean a county home or | 2721 |
district home operated under Chapter 5155. of the Revised Code. | 2722 |
(B) The director of health may further classify homes. For | 2723 |
the purposes of this chapter, any residence, institution, hotel, | 2724 |
congregate housing project, or similar facility that meets the | 2725 |
definition of a home under this section is such a home regardless | 2726 |
of how the facility holds itself out to the public. | 2727 |
(C) For purposes of this chapter, personal care services or | 2728 |
skilled nursing care shall be considered to be provided by a | 2729 |
facility if they are provided by a person employed by or | 2730 |
associated with the facility or by another person pursuant to an | 2731 |
agreement to which neither the resident who receives the services | 2732 |
nor the resident's sponsor is a party. | 2733 |
(D) Nothing in division (A)(4) of this section shall be | 2734 |
construed to permit skilled nursing care to be imposed on an | 2735 |
individual who does not require skilled nursing care. | 2736 |
Nothing in division (A)(5) of this section shall be construed | 2737 |
to permit personal care services to be imposed on an individual | 2738 |
who is capable of performing the activity in question without | 2739 |
assistance. | 2740 |
(E) Division (A)(1)(c) | 2741 |
prohibit a facility, infirmary, or other entity described in that | 2742 |
division from seeking licensure under sections 3721.01 to 3721.09 | 2743 |
of the Revised Code or certification under Title XVIII or XIX of | 2744 |
the "Social Security Act." However, such a facility, infirmary, or | 2745 |
entity that applies for licensure or certification must meet the | 2746 |
requirements of those sections or titles and the rules adopted | 2747 |
under them and obtain a certificate of need from the director of | 2748 |
health under section 3702.52 of the Revised Code. | 2749 |
(F) Nothing in this chapter, or rules adopted pursuant to it, | 2750 |
shall be construed as authorizing the supervision, regulation, or | 2751 |
control of the spiritual care or treatment of residents or | 2752 |
patients in any home who rely upon treatment by prayer or | 2753 |
spiritual means in accordance with the creed or tenets of any | 2754 |
recognized church or religious denomination. | 2755 |
Sec. 3793.11. (A) No alcohol and drug addiction program | 2756 |
shall employ methadone treatment or prescribe, dispense, or | 2757 |
administer methadone unless the program is licensed under this | 2758 |
section. No alcohol and drug addiction program licensed under this | 2759 |
section shall maintain methadone treatment in a manner | 2760 |
inconsistent with this section and the rules adopted under it. | 2761 |
(B) An alcohol and drug addiction program may apply to the | 2762 |
department of alcohol and drug addiction services for a license to | 2763 |
maintain methadone treatment. The department shall review all | 2764 |
applications received. | 2765 |
(C) The department may issue a license to maintain methadone | 2766 |
treatment to an alcohol and drug addiction program only if all of | 2767 |
the following apply: | 2768 |
(1) The program is operated by a private, nonprofit | 2769 |
organization or by a government entity; | 2770 |
(2) For at least two years immediately preceding the date of | 2771 |
application, the program has been fully certified under section | 2772 |
3793.06 of the Revised Code; | 2773 |
(3) The program has not been denied a license to maintain | 2774 |
methadone treatment or had its license withdrawn or revoked within | 2775 |
the five-year period immediately preceding the date of | 2776 |
application; | 2777 |
(4) It affirmatively appears to the department that the | 2778 |
program is adequately staffed and equipped to maintain methadone | 2779 |
treatment; | 2780 |
(5) It affirmatively appears to the department that the | 2781 |
program will | 2782 |
compliance with section 3719.61 of the Revised Code, all other | 2783 |
laws relating to drug abuse, and the rules adopted by the | 2784 |
department; | 2785 |
(6) Except as provided in division (D) of this section, there | 2786 |
is no public or private school, licensed child day-care center, or | 2787 |
other child-serving agency within a radius of five hundred feet of | 2788 |
the location where the program is to maintain methadone treatment. | 2789 |
(D) The department may waive the requirement of division | 2790 |
(C)(6) of this section if it receives, from each public or private | 2791 |
school, licensed child day-care center, or other child-serving | 2792 |
agency that is within the applicable radius of the location where | 2793 |
the program is to maintain methadone treatment, a letter of | 2794 |
support for the location. The department shall determine whether a | 2795 |
letter of support is satisfactory for purposes of waiving the | 2796 |
requirement. | 2797 |
| 2798 |
one year from the date of issuance. Licenses may be renewed. | 2799 |
| 2800 |
rules for licensing, inspection, and supervision of alcohol and | 2801 |
drug addiction programs that maintain methadone treatment. The | 2802 |
rules shall establish standards for the control, storage, | 2803 |
furnishing, use, and dispensing of methadone, prescribe minimum | 2804 |
standards for the operation of the methadone treatment component | 2805 |
of the program, and comply with federal laws and regulations. | 2806 |
All rules adopted under this division shall be adopted in | 2807 |
accordance with Chapter 119. of the Revised Code. All actions | 2808 |
taken by the department regarding the licensing of programs to | 2809 |
maintain methadone treatment shall be conducted in accordance with | 2810 |
Chapter 119. of the Revised Code, except as provided in division | 2811 |
2812 |
| 2813 |
shall inspect all alcohol and drug addiction programs licensed to | 2814 |
maintain methadone treatment. Inspections shall be conducted at | 2815 |
least annually and may be conducted more frequently. No person or | 2816 |
government entity shall interfere with a state or local government | 2817 |
official acting on behalf of the department while conducting an | 2818 |
inspection. | 2819 |
| 2820 |
administer or dispense methadone in a tablet, powder, or | 2821 |
intravenous form. Methadone shall be administered or dispensed | 2822 |
only in a liquid form intended for ingestion. A program shall not | 2823 |
administer or dispense methadone to an individual for pain or | 2824 |
other medical reasons. | 2825 |
| 2826 |
person who assumes responsibility for the operation and employees | 2827 |
of the methadone treatment component of an alcohol and drug | 2828 |
addiction program. | 2829 |
| 2830 |
individual who receives methadone treatment from that program. A | 2831 |
program shall not permit an individual to act as a program | 2832 |
sponsor, medical director, or director of the program if the | 2833 |
individual is receiving methadone treatment from any alcohol and | 2834 |
drug addiction program. | 2835 |
| 2836 |
with section 3719.61 of the Revised Code, all other laws relating | 2837 |
to drug abuse, and the rules adopted under this section. Subject | 2838 |
to section 3793.13 of the Revised Code, the department may hold | 2839 |
hearings, require the production of relevant matter, compel | 2840 |
testimony, issue subpoenas, and make adjudications. Upon failure | 2841 |
of a person without lawful excuse to obey a subpoena or to produce | 2842 |
relevant matter, the department may apply to a court of common | 2843 |
pleas for an order compelling compliance. | 2844 |
| 2845 |
revoke, a license to maintain methadone treatment. A license may | 2846 |
be refused if an alcohol and drug addiction program does not meet | 2847 |
the requirements of division (C) of this section. A license may be | 2848 |
withdrawn at any time the department determines that the program | 2849 |
no longer meets the requirements for receiving the license. A | 2850 |
license may be revoked in accordance with division | 2851 |
section. | 2852 |
| 2853 |
date of this amendment, the department shall not consider the | 2854 |
requirement of division (C)(6) of this section in determining | 2855 |
whether to renew, withdraw, or revoke the license. | 2856 |
(L) If the department of alcohol and drug addiction services | 2857 |
finds reasonable cause to believe that an alcohol and drug | 2858 |
addiction program licensed under this section is in violation of | 2859 |
any provision of section 3719.61 of the Revised Code, or of any | 2860 |
other state or federal law or rule relating to drug abuse, the | 2861 |
department may issue an order immediately revoking the license, | 2862 |
subject to division | 2863 |
set a date not more than fifteen days later than the date of the | 2864 |
order of revocation for a hearing on the continuation or | 2865 |
cancellation of the revocation. For good cause, the department may | 2866 |
continue the hearing on application of any interested party. In | 2867 |
conducting hearings, the department has all the authority and | 2868 |
power set forth in division | 2869 |
hearing, the department shall either confirm or cancel the | 2870 |
revocation. The hearing shall be conducted in accordance with | 2871 |
Chapter 119. of the Revised Code, except that the program shall | 2872 |
not be permitted to maintain methadone treatment pending the | 2873 |
hearing or pending any appeal from an adjudication made as a | 2874 |
result of the hearing. Notwithstanding any provision of Chapter | 2875 |
119. of the Revised Code to the contrary, a court shall not stay | 2876 |
or suspend any order of revocation issued by the director under | 2877 |
this division pending judicial appeal. | 2878 |
| 2879 |
methadone treatment unless all clients receiving methadone | 2880 |
treatment from the alcohol and drug addiction program are provided | 2881 |
adequate substitute treatment. For purposes of this division, the | 2882 |
department may transfer the clients to other programs licensed to | 2883 |
maintain methadone treatment or replace any or all of the | 2884 |
administrators and staff of the program with representatives of | 2885 |
the department who shall continue on a provisional basis the | 2886 |
methadone treatment component of the program. | 2887 |
| 2888 |
an alcohol and drug addiction program for a license to maintain | 2889 |
methadone treatment, issues or refuses to issue a license, or | 2890 |
withdraws or revokes a license, the department shall notify the | 2891 |
board of alcohol, drug addiction, and mental health services of | 2892 |
each alcohol, drug addiction, and mental health service district | 2893 |
in which the program is operated. | 2894 |
| 2895 |
complaint, or otherwise, that an alcohol and drug addiction | 2896 |
program has engaged in any practice declared to be illegal or | 2897 |
prohibited by section 3719.61 of the Revised Code, or any other | 2898 |
state or federal laws or regulations relating to drug abuse, or | 2899 |
when the department believes it to be in the best interest of the | 2900 |
public and necessary for the protection of the citizens of the | 2901 |
state, the department may request criminal proceedings by laying | 2902 |
before the prosecuting attorney of the proper county any evidence | 2903 |
of criminality which may come to its knowledge. | 2904 |
| 2905 |
alcohol and drug addiction programs licensed by the department | 2906 |
under | 2907 |
current list to a judge of a court of common pleas who requests a | 2908 |
copy for the use of the judge under division (H) of section | 2909 |
2925.03 of the Revised Code. The list of licensed alcohol and drug | 2910 |
addiction programs shall identify each licensed program by its | 2911 |
name, its address, and the county in which it is located. | 2912 |
Sec. 3795.01. As used in sections 3795.01, 3795.02, and | 2913 |
3795.03 of the Revised Code: | 2914 |
(A) "Assist suicide" or "assisting suicide" means knowingly | 2915 |
doing either of the following, with the purpose of helping another | 2916 |
person to commit or attempt suicide: | 2917 |
(1) Providing the physical means by which the person commits | 2918 |
or attempts to commit suicide; | 2919 |
(2) Participating in a physical act by which the person | 2920 |
commits or attempts to commit suicide. | 2921 |
(B) "Certified nurse practitioner," "certified | 2922 |
nurse-midwife," and "clinical nurse specialist" have the same | 2923 |
meanings as in section 4723.01 of the Revised Code. | 2924 |
(C) "CPR" has the same meaning as in section 2133.21 of the | 2925 |
Revised Code. | 2926 |
(D) "Health care" means any care, treatment, service, or | 2927 |
procedure to maintain, diagnose, or treat a person's physical or | 2928 |
mental condition. | 2929 |
(E) "Health care decision" means informed consent, refusal to | 2930 |
give informed consent, or withdrawal of informed consent to health | 2931 |
care. | 2932 |
(F) "Health care facility" means any of the following: | 2933 |
(1) A hospital; | 2934 |
(2) A hospice care program or pediatric respite care program | 2935 |
as defined in section 3712.01 of the Revised Code; | 2936 |
(3) A nursing home; | 2937 |
(4) A home health agency; | 2938 |
(5) An intermediate care facility for the mentally retarded. | 2939 |
(G) "Health care personnel" means physicians, nurses, | 2940 |
physician assistants, emergency medical technicians-basic, | 2941 |
emergency medical technicians-intermediate, emergency medical | 2942 |
technicians-paramedic, medical technicians, dietitians, other | 2943 |
authorized persons acting under the direction of an attending | 2944 |
physician, and administrators of health care facilities. | 2945 |
(H) "Physician" means a person who is authorized under | 2946 |
Chapter 4731. of the Revised Code to practice medicine and surgery | 2947 |
or osteopathic medicine and surgery. | 2948 |
Sec. 3963.01. As used in this chapter: | 2949 |
(A) "Affiliate" means any person or entity that has ownership | 2950 |
or control of a contracting entity, is owned or controlled by a | 2951 |
contracting entity, or is under common ownership or control with a | 2952 |
contracting entity. | 2953 |
(B) "Basic health care services" has the same meaning as in | 2954 |
division (A) of section 1751.01 of the Revised Code, except that | 2955 |
it does not include any services listed in that division that are | 2956 |
provided by a pharmacist or nursing home. | 2957 |
(C) "Contracting entity" means any person that has a primary | 2958 |
business purpose of contracting with participating providers for | 2959 |
the delivery of health care services. | 2960 |
(D) "Credentialing" means the process of assessing and | 2961 |
validating the qualifications of a provider applying to be | 2962 |
approved by a contracting entity to provide basic health care | 2963 |
services, specialty health care services, or supplemental health | 2964 |
care services to enrollees. | 2965 |
(E) "Edit" means adjusting one or more procedure codes billed | 2966 |
by a participating provider on a claim for payment or a practice | 2967 |
that results in any of the following: | 2968 |
(1) Payment for some, but not all of the procedure codes | 2969 |
originally billed by a participating provider; | 2970 |
(2) Payment for a different procedure code than the procedure | 2971 |
code originally billed by a participating provider; | 2972 |
(3) A reduced payment as a result of services provided to an | 2973 |
enrollee that are claimed under more than one procedure code on | 2974 |
the same service date. | 2975 |
(F) "Electronic claims transport" means to accept and | 2976 |
digitize claims or to accept claims already digitized, to place | 2977 |
those claims into a format that complies with the electronic | 2978 |
transaction standards issued by the United States department of | 2979 |
health and human services pursuant to the "Health Insurance | 2980 |
Portability and Accountability Act of 1996," 110 Stat. 1955, 42 | 2981 |
U.S.C. 1320d, et seq., as those electronic standards are | 2982 |
applicable to the parties and as those electronic standards are | 2983 |
updated from time to time, and to electronically transmit those | 2984 |
claims to the appropriate contracting entity, payer, or | 2985 |
third-party administrator. | 2986 |
(G) "Enrollee" means any person eligible for health care | 2987 |
benefits under a health benefit plan, including an eligible | 2988 |
recipient of medicaid under Chapter 5111. of the Revised Code, and | 2989 |
includes all of the following terms: | 2990 |
(1) "Enrollee" and "subscriber" as defined by section 1751.01 | 2991 |
of the Revised Code; | 2992 |
(2) "Member" as defined by section 1739.01 of the Revised | 2993 |
Code; | 2994 |
(3) "Insured" and "plan member" pursuant to Chapter 3923. of | 2995 |
the Revised Code; | 2996 |
(4) "Beneficiary" as defined by section 3901.38 of the | 2997 |
Revised Code. | 2998 |
(H) "Health care contract" means a contract entered into, | 2999 |
materially amended, or renewed between a contracting entity and a | 3000 |
participating provider for the delivery of basic health care | 3001 |
services, specialty health care services, or supplemental health | 3002 |
care services to enrollees. | 3003 |
(I) "Health care services" means basic health care services, | 3004 |
specialty health care services, and supplemental health care | 3005 |
services. | 3006 |
(J) "Material amendment" means an amendment to a health care | 3007 |
contract that decreases the participating provider's payment or | 3008 |
compensation, changes the administrative procedures in a way that | 3009 |
may reasonably be expected to significantly increase the | 3010 |
provider's administrative expenses, or adds a new product. A | 3011 |
material amendment does not include any of the following: | 3012 |
(1) A decrease in payment or compensation resulting solely | 3013 |
from a change in a published fee schedule upon which the payment | 3014 |
or compensation is based and the date of applicability is clearly | 3015 |
identified in the contract; | 3016 |
(2) A decrease in payment or compensation that was | 3017 |
anticipated under the terms of the contract, if the amount and | 3018 |
date of applicability of the decrease is clearly identified in the | 3019 |
contract; | 3020 |
(3) An administrative change that may significantly increase | 3021 |
the provider's administrative expense, the specific applicability | 3022 |
of which is clearly identified in the contract; | 3023 |
(4) Changes to an existing prior authorization, | 3024 |
precertification, notification, or referral program that do not | 3025 |
substantially increase the provider's administrative expense; | 3026 |
(5) Changes to an edit program or to specific edits if the | 3027 |
participating provider is provided notice of the changes pursuant | 3028 |
to division (A)(1) of section 3963.04 of the Revised Code and the | 3029 |
notice includes information sufficient for the provider to | 3030 |
determine the effect of the change; | 3031 |
(6) Changes to a health care contract described in division | 3032 |
(B) of section 3963.04 of the Revised Code. | 3033 |
(K) "Participating provider" means a provider that has a | 3034 |
health care contract with a contracting entity and is entitled to | 3035 |
reimbursement for health care services rendered to an enrollee | 3036 |
under the health care contract. | 3037 |
(L) "Payer" means any person that assumes the financial risk | 3038 |
for the payment of claims under a health care contract or the | 3039 |
reimbursement for health care services provided to enrollees by | 3040 |
participating providers pursuant to a health care contract. | 3041 |
(M) "Primary enrollee" means a person who is responsible for | 3042 |
making payments for participation in a health care plan or an | 3043 |
enrollee whose employment or other status is the basis of | 3044 |
eligibility for enrollment in a health care plan. | 3045 |
(N) "Procedure codes" includes the American medical | 3046 |
association's current procedural terminology code, the American | 3047 |
dental association's current dental terminology, and the centers | 3048 |
for medicare and medicaid services health care common procedure | 3049 |
coding system. | 3050 |
(O) "Product" means one of the following types of categories | 3051 |
of coverage for which a participating provider may be obligated to | 3052 |
provide health care services pursuant to a health care contract: | 3053 |
(1) A health maintenance organization or other product | 3054 |
provided by a health insuring corporation; | 3055 |
(2) A preferred provider organization; | 3056 |
(3) Medicare; | 3057 |
(4) Medicaid; | 3058 |
(5) Workers' compensation. | 3059 |
(P) "Provider" means a physician, podiatrist, dentist, | 3060 |
chiropractor, optometrist, psychologist, physician assistant, | 3061 |
advanced practice registered nurse, occupational therapist, | 3062 |
massage therapist, physical therapist, professional counselor, | 3063 |
professional clinical counselor, hearing aid dealer, orthotist, | 3064 |
prosthetist, home health agency, hospice care program, pediatric | 3065 |
respite care program, or hospital, or a provider organization or | 3066 |
physician-hospital organization that is acting exclusively as an | 3067 |
administrator on behalf of a provider to facilitate the provider's | 3068 |
participation in health care contracts. "Provider" does not mean a | 3069 |
pharmacist, pharmacy, nursing home, or a provider organization or | 3070 |
physician-hospital organization that leases the provider | 3071 |
organization's or physician-hospital organization's network to a | 3072 |
third party or contracts directly with employers or health and | 3073 |
welfare funds. | 3074 |
(Q) "Specialty health care services" has the same meaning as | 3075 |
in section 1751.01 of the Revised Code, except that it does not | 3076 |
include any services listed in division (B) of section 1751.01 of | 3077 |
the Revised Code that are provided by a pharmacist or a nursing | 3078 |
home. | 3079 |
(R) "Supplemental health care services" has the same meaning | 3080 |
as in division (B) of section 1751.01 of the Revised Code, except | 3081 |
that it does not include any services listed in that division that | 3082 |
are provided by a pharmacist or nursing home. | 3083 |
Sec. 4503.44. (A) As used in this section and in section | 3084 |
4511.69 of the Revised Code: | 3085 |
(1) "Person with a disability that limits or impairs the | 3086 |
ability to walk" means any person who, as determined by a health | 3087 |
care provider, meets any of the following criteria: | 3088 |
(a) Cannot walk two hundred feet without stopping to rest; | 3089 |
(b) Cannot walk without the use of, or assistance from, a | 3090 |
brace, cane, crutch, another person, prosthetic device, | 3091 |
wheelchair, or other assistive device; | 3092 |
(c) Is restricted by a lung disease to such an extent that | 3093 |
the person's forced (respiratory) expiratory volume for one | 3094 |
second, when measured by spirometry, is less than one liter, or | 3095 |
the arterial oxygen tension is less than sixty millimeters of | 3096 |
mercury on room air at rest; | 3097 |
(d) Uses portable oxygen; | 3098 |
(e) Has a cardiac condition to the extent that the person's | 3099 |
functional limitations are classified in severity as class III or | 3100 |
class IV according to standards set by the American heart | 3101 |
association; | 3102 |
(f) Is severely limited in the ability to walk due to an | 3103 |
arthritic, neurological, or orthopedic condition; | 3104 |
(g) Is blind. | 3105 |
(2) "Organization" means any private organization or | 3106 |
corporation, or any governmental board, agency, department, | 3107 |
division, or office, that, as part of its business or program, | 3108 |
transports persons with disabilities that limit or impair the | 3109 |
ability to walk on a regular basis in a motor vehicle that has not | 3110 |
been altered for the purpose of providing it with special | 3111 |
equipment for use by handicapped persons. This definition does not | 3112 |
apply to division (J) of this section. | 3113 |
(3) "Health care provider" means a physician, physician | 3114 |
assistant, advanced practice registered nurse, or chiropractor as | 3115 |
defined in this section. | 3116 |
(4) "Physician" means a person licensed to practice medicine | 3117 |
or surgery or osteopathic medicine and surgery under Chapter 4731. | 3118 |
of the Revised Code. | 3119 |
(5) "Chiropractor" means a person licensed to practice | 3120 |
chiropractic under Chapter 4734. of the Revised Code. | 3121 |
(6) "Advanced practice registered nurse" means | 3122 |
certified nurse practitioner, clinical nurse specialist, certified | 3123 |
registered nurse anesthetist, or certified nurse-midwife who holds | 3124 |
a certificate of authority issued by the board of nursing under | 3125 |
Chapter 4723. of the Revised Code. | 3126 |
(7) "Physician assistant" means a person who holds a | 3127 |
certificate to practice as a physician assistant issued under | 3128 |
Chapter 4730. of the Revised Code. | 3129 |
(B) Any organization or person with a disability that limits | 3130 |
or impairs the ability to walk may apply to the registrar of motor | 3131 |
vehicles for a removable windshield placard or, if the person owns | 3132 |
or leases a motor vehicle, the person may apply for the | 3133 |
registration of any motor vehicle the person owns or leases. In | 3134 |
addition to one or more sets of license plates or one placard, a | 3135 |
person with a disability that limits or impairs the ability to | 3136 |
walk is entitled to one additional placard, but only if the person | 3137 |
applies separately for the additional placard, states the reasons | 3138 |
why the additional placard is needed, and the registrar, in the | 3139 |
registrar's discretion, determines that good and justifiable cause | 3140 |
exists to approve the request for the additional placard. When a | 3141 |
motor vehicle has been altered for the purpose of providing it | 3142 |
with special equipment for a person with a disability that limits | 3143 |
or impairs the ability to walk, but is owned or leased by someone | 3144 |
other than such a person, the owner or lessee may apply to the | 3145 |
registrar or a deputy registrar for registration under this | 3146 |
section. The application for registration of a motor vehicle owned | 3147 |
or leased by a person with a disability that limits or impairs the | 3148 |
ability to walk shall be accompanied by a signed statement from | 3149 |
the applicant's health care provider certifying that the applicant | 3150 |
meets at least one of the criteria contained in division (A)(1) of | 3151 |
this section and that the disability is expected to continue for | 3152 |
more than six consecutive months. The application for a removable | 3153 |
windshield placard made by a person with a disability that limits | 3154 |
or impairs the ability to walk shall be accompanied by a | 3155 |
prescription from the applicant's health care provider prescribing | 3156 |
such a placard for the applicant, provided that the applicant | 3157 |
meets at least one of the criteria contained in division (A)(1) of | 3158 |
this section. The health care provider shall state on the | 3159 |
prescription the length of time the health care provider expects | 3160 |
the applicant to have the disability that limits or impairs the | 3161 |
applicant's ability to walk. The application for a removable | 3162 |
windshield placard made by an organization shall be accompanied by | 3163 |
such documentary evidence of regular transport of persons with | 3164 |
disabilities that limit or impair the ability to walk by the | 3165 |
organization as the registrar may require by rule and shall be | 3166 |
completed in accordance with procedures that the registrar may | 3167 |
require by rule. The application for registration of a motor | 3168 |
vehicle that has been altered for the purpose of providing it with | 3169 |
special equipment for a person with a disability that limits or | 3170 |
impairs the ability to walk but is owned by someone other than | 3171 |
such a person shall be accompanied by such documentary evidence of | 3172 |
vehicle alterations as the registrar may require by rule. | 3173 |
(C) When an organization, a person with a disability that | 3174 |
limits or impairs the ability to walk, or a person who does not | 3175 |
have a disability that limits or impairs the ability to walk but | 3176 |
owns a motor vehicle that has been altered for the purpose of | 3177 |
providing it with special equipment for a person with a disability | 3178 |
that limits or impairs the ability to walk first submits an | 3179 |
application for registration of a motor vehicle under this section | 3180 |
and every fifth year thereafter, the organization or person shall | 3181 |
submit a signed statement from the applicant's health care | 3182 |
provider, a completed application, and any required documentary | 3183 |
evidence of vehicle alterations as provided in division (B) of | 3184 |
this section, and also a power of attorney from the owner of the | 3185 |
motor vehicle if the applicant leases the vehicle. Upon submission | 3186 |
of these items, the registrar or deputy registrar shall issue to | 3187 |
the applicant appropriate vehicle registration and a set of | 3188 |
license plates and validation stickers, or validation stickers | 3189 |
alone when required by section 4503.191 of the Revised Code. In | 3190 |
addition to the letters and numbers ordinarily inscribed thereon, | 3191 |
the license plates shall be imprinted with the international | 3192 |
symbol of access. The license plates and validation stickers shall | 3193 |
be issued upon payment of the regular license fee as prescribed | 3194 |
under section 4503.04 of the Revised Code and any motor vehicle | 3195 |
tax levied under Chapter 4504. of the Revised Code, and the | 3196 |
payment of a service fee equal to the amount specified in division | 3197 |
(D) or (G) of section 4503.10 of the Revised Code. | 3198 |
(D)(1) Upon receipt of a completed and signed application for | 3199 |
a removable windshield placard, a prescription as described in | 3200 |
division (B) of this section, documentary evidence of regular | 3201 |
transport of persons with disabilities that limit or impair the | 3202 |
ability to walk, if required, and payment of a service fee equal | 3203 |
to the amount specified in division (D) or (G) of section 4503.10 | 3204 |
of the Revised Code, the registrar or deputy registrar shall issue | 3205 |
to the applicant a removable windshield placard, which shall bear | 3206 |
the date of expiration on both sides of the placard and shall be | 3207 |
valid until expired, revoked, or surrendered. Every removable | 3208 |
windshield placard expires as described in division (D)(2) of this | 3209 |
section, but in no case shall a removable windshield placard be | 3210 |
valid for a period of less than sixty days. Removable windshield | 3211 |
placards shall be renewable upon application as provided in | 3212 |
division (B) of this section, and a service fee equal to the | 3213 |
amount specified in division (D) or (G) of section 4503.10 of the | 3214 |
Revised Code shall be charged for the renewal of a removable | 3215 |
windshield placard. The registrar shall provide the application | 3216 |
form and shall determine the information to be included thereon. | 3217 |
The registrar also shall determine the form and size of the | 3218 |
removable windshield placard, the material of which it is to be | 3219 |
made, and any other information to be included thereon, and shall | 3220 |
adopt rules relating to the issuance, expiration, revocation, | 3221 |
surrender, and proper display of such placards. Any placard issued | 3222 |
after October 14, 1999, shall be manufactured in a manner that | 3223 |
allows the expiration date of the placard to be indicated on it | 3224 |
through the punching, drilling, boring, or creation by any other | 3225 |
means of holes in the placard. | 3226 |
(2) At the time a removable windshield placard is issued to a | 3227 |
person with a disability that limits or impairs the ability to | 3228 |
walk, the registrar or deputy registrar shall enter into the | 3229 |
records of the bureau of motor vehicles the last date on which the | 3230 |
person will have that disability, as indicated on the accompanying | 3231 |
prescription. Not less than thirty days prior to that date and all | 3232 |
removable windshield placard renewal dates, the bureau shall send | 3233 |
a renewal notice to that person at the person's last known address | 3234 |
as shown in the records of the bureau, informing the person that | 3235 |
the person's removable windshield placard will expire on the | 3236 |
indicated date not to exceed five years from the date of issuance, | 3237 |
and that the person is required to renew the placard by submitting | 3238 |
to the registrar or a deputy registrar another prescription, as | 3239 |
described in division (B) of this section, and by complying with | 3240 |
the renewal provisions prescribed in division (D)(1) of this | 3241 |
section. If such a prescription is not received by the registrar | 3242 |
or a deputy registrar by that date, the placard issued to that | 3243 |
person expires and no longer is valid, and this fact shall be | 3244 |
recorded in the records of the bureau. | 3245 |
(3) At least once every year, on a date determined by the | 3246 |
registrar, the bureau shall examine the records of the office of | 3247 |
vital statistics, located within the department of health, that | 3248 |
pertain to deceased persons, and also the bureau's records of all | 3249 |
persons who have been issued removable windshield placards and | 3250 |
temporary removable windshield placards. If the records of the | 3251 |
office of vital statistics indicate that a person to whom a | 3252 |
removable windshield placard or temporary removable windshield | 3253 |
placard has been issued is deceased, the bureau shall cancel that | 3254 |
placard, and note the cancellation in its records. | 3255 |
The office of vital statistics shall make available to the | 3256 |
bureau all information necessary to enable the bureau to comply | 3257 |
with division (D)(3) of this section. | 3258 |
(4) Nothing in this section shall be construed to require a | 3259 |
person or organization to apply for a removable windshield placard | 3260 |
or special license plates if the parking card or special license | 3261 |
plates issued to the person or organization under prior law have | 3262 |
not expired or been surrendered or revoked. | 3263 |
(E)(1)(a) Any person with a disability that limits or impairs | 3264 |
the ability to walk may apply to the registrar or a deputy | 3265 |
registrar for a temporary removable windshield placard. The | 3266 |
application for a temporary removable windshield placard shall be | 3267 |
accompanied by a prescription from the applicant's health care | 3268 |
provider prescribing such a placard for the applicant, provided | 3269 |
that the applicant meets at least one of the criteria contained in | 3270 |
division (A)(1) of this section and that the disability is | 3271 |
expected to continue for six consecutive months or less. The | 3272 |
health care provider shall state on the prescription the length of | 3273 |
time the health care provider expects the applicant to have the | 3274 |
disability that limits or impairs the applicant's ability to walk, | 3275 |
which cannot exceed six months from the date of the prescription. | 3276 |
Upon receipt of an application for a temporary removable | 3277 |
windshield placard, presentation of the prescription from the | 3278 |
applicant's health care provider, and payment of a service fee | 3279 |
equal to the amount specified in division (D) or (G) of section | 3280 |
4503.10 of the Revised Code, the registrar or deputy registrar | 3281 |
shall issue to the applicant a temporary removable windshield | 3282 |
placard. | 3283 |
(b) Any active-duty member of the armed forces of the United | 3284 |
States, including the reserve components of the armed forces and | 3285 |
the national guard, who has an illness or injury that limits or | 3286 |
impairs the ability to walk may apply to the registrar or a deputy | 3287 |
registrar for a temporary removable windshield placard. With the | 3288 |
application, the person shall present evidence of the person's | 3289 |
active-duty status and the illness or injury. Evidence of the | 3290 |
illness or injury may include a current department of defense | 3291 |
convalescent leave statement, any department of defense document | 3292 |
indicating that the person currently has an ill or injured | 3293 |
casualty status or has limited duties, or a prescription from any | 3294 |
health care provider prescribing the placard for the applicant. | 3295 |
Upon receipt of the application and the necessary evidence, the | 3296 |
registrar or deputy registrar shall issue the applicant the | 3297 |
temporary removable windshield placard without the payment of any | 3298 |
service fee. | 3299 |
(2) The temporary removable windshield placard shall be of | 3300 |
the same size and form as the removable windshield placard, shall | 3301 |
be printed in white on a red-colored background, and shall bear | 3302 |
the word "temporary" in letters of such size as the registrar | 3303 |
shall prescribe. A temporary removable windshield placard also | 3304 |
shall bear the date of expiration on the front and back of the | 3305 |
placard, and shall be valid until expired, surrendered, or | 3306 |
revoked, but in no case shall such a placard be valid for a period | 3307 |
of less than sixty days. The registrar shall provide the | 3308 |
application form and shall determine the information to be | 3309 |
included on it, provided that the registrar shall not require a | 3310 |
health care provider's prescription or certification for a person | 3311 |
applying under division (E)(1)(b) of this section. The registrar | 3312 |
also shall determine the material of which the temporary removable | 3313 |
windshield placard is to be made and any other information to be | 3314 |
included on the placard and shall adopt rules relating to the | 3315 |
issuance, expiration, surrender, revocation, and proper display of | 3316 |
those placards. Any temporary removable windshield placard issued | 3317 |
after October 14, 1999, shall be manufactured in a manner that | 3318 |
allows for the expiration date of the placard to be indicated on | 3319 |
it through the punching, drilling, boring, or creation by any | 3320 |
other means of holes in the placard. | 3321 |
(F) If an applicant for a removable windshield placard is a | 3322 |
veteran of the armed forces of the United States whose disability, | 3323 |
as defined in division (A)(1) of this section, is | 3324 |
service-connected, the registrar or deputy registrar, upon receipt | 3325 |
of the application, presentation of a signed statement from the | 3326 |
applicant's health care provider certifying the applicant's | 3327 |
disability, and presentation of such documentary evidence from the | 3328 |
department of veterans affairs that the disability of the | 3329 |
applicant meets at least one of the criteria identified in | 3330 |
division (A)(1) of this section and is service-connected as the | 3331 |
registrar may require by rule, but without the payment of any | 3332 |
service fee, shall issue the applicant a removable windshield | 3333 |
placard that is valid until expired, surrendered, or revoked. | 3334 |
(G) Upon a conviction of a violation of division (I), (J), or | 3335 |
(K) of this section, the court shall report the conviction, and | 3336 |
send the placard or parking card, if available, to the registrar, | 3337 |
who thereupon shall revoke the privilege of using the placard or | 3338 |
parking card and send notice in writing to the placardholder or | 3339 |
cardholder at that holder's last known address as shown in the | 3340 |
records of the bureau, and the placardholder or cardholder shall | 3341 |
return the placard or card if not previously surrendered to the | 3342 |
court, to the registrar within ten days following mailing of the | 3343 |
notice. | 3344 |
Whenever a person to whom a removable windshield placard or | 3345 |
parking card has been issued moves to another state, the person | 3346 |
shall surrender the placard or card to the registrar; and whenever | 3347 |
an organization to which a placard or card has been issued changes | 3348 |
its place of operation to another state, the organization shall | 3349 |
surrender the placard or card to the registrar. | 3350 |
(H) Subject to division (F) of section 4511.69 of the Revised | 3351 |
Code, the operator of a motor vehicle displaying a removable | 3352 |
windshield placard, temporary removable windshield placard, | 3353 |
parking card, or the special license plates authorized by this | 3354 |
section is entitled to park the motor vehicle in any special | 3355 |
parking location reserved for persons with disabilities that limit | 3356 |
or impair the ability to walk, also known as handicapped parking | 3357 |
spaces or disability parking spaces. | 3358 |
(I) No person or organization that is not eligible under | 3359 |
division (B) or (E) of this section shall willfully and falsely | 3360 |
represent that the person or organization is so eligible. | 3361 |
No person or organization shall display license plates issued | 3362 |
under this section unless the license plates have been issued for | 3363 |
the vehicle on which they are displayed and are valid. | 3364 |
(J) No person or organization to which a removable windshield | 3365 |
placard or temporary removable windshield placard is issued shall | 3366 |
do either of the following: | 3367 |
(1) Display or permit the display of the placard on any motor | 3368 |
vehicle when having reasonable cause to believe the motor vehicle | 3369 |
is being used in connection with an activity that does not include | 3370 |
providing transportation for persons with disabilities that limit | 3371 |
or impair the ability to walk; | 3372 |
(2) Refuse to return or surrender the placard, when required. | 3373 |
(K)(1) No person or organization to which a parking card is | 3374 |
issued shall do either of the following: | 3375 |
(a) Display or permit the display of the parking card on any | 3376 |
motor vehicle when having reasonable cause to believe the motor | 3377 |
vehicle is being used in connection with an activity that does not | 3378 |
include providing transportation for a handicapped person; | 3379 |
(b) Refuse to return or surrender the parking card, when | 3380 |
required. | 3381 |
(2) As used in division (K) of this section: | 3382 |
(a) "Handicapped person" means any person who has lost the | 3383 |
use of one or both legs or one or both arms, who is blind, deaf, | 3384 |
or so severely handicapped as to be unable to move about without | 3385 |
the aid of crutches or a wheelchair, or whose mobility is | 3386 |
restricted by a permanent cardiovascular, pulmonary, or other | 3387 |
handicapping condition. | 3388 |
(b) "Organization" means any private organization or | 3389 |
corporation, or any governmental board, agency, department, | 3390 |
division, or office, that, as part of its business or program, | 3391 |
transports handicapped persons on a regular basis in a motor | 3392 |
vehicle that has not been altered for the purposes of providing it | 3393 |
with special equipment for use by handicapped persons. | 3394 |
(L) If a removable windshield placard, temporary removable | 3395 |
windshield placard, or parking card is lost, destroyed, or | 3396 |
mutilated, the placardholder or cardholder may obtain a duplicate | 3397 |
by doing both of the following: | 3398 |
(1) Furnishing suitable proof of the loss, destruction, or | 3399 |
mutilation to the registrar; | 3400 |
(2) Paying a service fee equal to the amount specified in | 3401 |
division (D) or (G) of section 4503.10 of the Revised Code. | 3402 |
Any placardholder or cardholder who loses a placard or card | 3403 |
and, after obtaining a duplicate, finds the original, immediately | 3404 |
shall surrender the original placard or card to the registrar. | 3405 |
(M) The registrar shall pay all fees received under this | 3406 |
section for the issuance of removable windshield placards or | 3407 |
temporary removable windshield placards or duplicate removable | 3408 |
windshield placards or cards into the state treasury to the credit | 3409 |
of the state bureau of motor vehicles fund created in section | 3410 |
4501.25 of the Revised Code. | 3411 |
(N) In addition to the fees collected under this section, the | 3412 |
registrar or deputy registrar shall ask each person applying for a | 3413 |
removable windshield placard or temporary removable windshield | 3414 |
placard or duplicate removable windshield placard or license plate | 3415 |
issued under this section, whether the person wishes to make a | 3416 |
two-dollar voluntary contribution to support rehabilitation | 3417 |
employment services. The registrar shall transmit the | 3418 |
contributions received under this division to the treasurer of | 3419 |
state for deposit into the rehabilitation employment fund, which | 3420 |
is hereby created in the state treasury. A deputy registrar shall | 3421 |
transmit the contributions received under this division to the | 3422 |
registrar in the time and manner prescribed by the registrar. The | 3423 |
contributions in the fund shall be used by the rehabilitation | 3424 |
services commission to purchase services related to vocational | 3425 |
evaluation, work adjustment, personal adjustment, job placement, | 3426 |
job coaching, and community-based assessment from accredited | 3427 |
community rehabilitation program facilities. | 3428 |
(O) For purposes of enforcing this section, every peace | 3429 |
officer is deemed to be an agent of the registrar. Any peace | 3430 |
officer or any authorized employee of the bureau of motor vehicles | 3431 |
who, in the performance of duties authorized by law, becomes aware | 3432 |
of a person whose placard or parking card has been revoked | 3433 |
pursuant to this section, may confiscate that placard or parking | 3434 |
card and return it to the registrar. The registrar shall prescribe | 3435 |
any forms used by law enforcement agencies in administering this | 3436 |
section. | 3437 |
No peace officer, law enforcement agency employing a peace | 3438 |
officer, or political subdivision or governmental agency employing | 3439 |
a peace officer, and no employee of the bureau is liable in a | 3440 |
civil action for damages or loss to persons arising out of the | 3441 |
performance of any duty required or authorized by this section. As | 3442 |
used in this division, "peace officer" has the same meaning as in | 3443 |
division (B) of section 2935.01 of the Revised Code. | 3444 |
(P) All applications for registration of motor vehicles, | 3445 |
removable windshield placards, and temporary removable windshield | 3446 |
placards issued under this section, all renewal notices for such | 3447 |
items, and all other publications issued by the bureau that relate | 3448 |
to this section shall set forth the criminal penalties that may be | 3449 |
imposed upon a person who violates any provision relating to | 3450 |
special license plates issued under this section, the parking of | 3451 |
vehicles displaying such license plates, and the issuance, | 3452 |
procurement, use, and display of removable windshield placards and | 3453 |
temporary removable windshield placards issued under this section. | 3454 |
(Q) Whoever violates this section is guilty of a misdemeanor | 3455 |
of the fourth degree. | 3456 |
Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of | 3457 |
the Revised Code: | 3458 |
(1) "Affiliate" means a business entity that is owned by, | 3459 |
operated by, controlled by, or under common control with another | 3460 |
business entity. | 3461 |
(2) "Communication" means a written or oral notification or | 3462 |
advertisement that meets both of the following criteria, as | 3463 |
applicable: | 3464 |
(a) The notification or advertisement is transmitted by or on | 3465 |
behalf of the seller of goods or services and by or through any | 3466 |
printed, audio, video, cinematic, telephonic, or electronic means. | 3467 |
(b) In the case of a notification or advertisement other than | 3468 |
by telephone, either of the following conditions is met: | 3469 |
(i) The notification or advertisement is followed by a | 3470 |
telephone call from a telephone solicitor or salesperson. | 3471 |
(ii) The notification or advertisement invites a response by | 3472 |
telephone, and, during the course of that response, a telephone | 3473 |
solicitor or salesperson attempts to make or makes a sale of goods | 3474 |
or services. As used in division (A)(2)(b)(ii) of this section, | 3475 |
"invites a response by telephone" excludes the mere listing or | 3476 |
inclusion of a telephone number in a notification or | 3477 |
advertisement. | 3478 |
(3) "Gift, award, or prize" means anything of value that is | 3479 |
offered or purportedly offered, or given or purportedly given by | 3480 |
chance, at no cost to the receiver and with no obligation to | 3481 |
purchase goods or services. As used in this division, "chance" | 3482 |
includes a situation in which a person is guaranteed to receive an | 3483 |
item and, at the time of the offer or purported offer, the | 3484 |
telephone solicitor does not identify the specific item that the | 3485 |
person will receive. | 3486 |
(4) "Goods or services" means any real property or any | 3487 |
tangible or intangible personal property, or services of any kind | 3488 |
provided or offered to a person. "Goods or services" includes, but | 3489 |
is not limited to, advertising; labor performed for the benefit of | 3490 |
a person; personal property intended to be attached to or | 3491 |
installed in any real property, regardless of whether it is so | 3492 |
attached or installed; timeshare estates or licenses; and extended | 3493 |
service contracts. | 3494 |
(5) "Purchaser" means a person that is solicited to become or | 3495 |
does become financially obligated as a result of a telephone | 3496 |
solicitation. | 3497 |
(6) "Salesperson" means an individual who is employed, | 3498 |
appointed, or authorized by a telephone solicitor to make | 3499 |
telephone solicitations but does not mean any of the following: | 3500 |
(a) An individual who comes within one of the exemptions in | 3501 |
division (B) of this section; | 3502 |
(b) An individual employed, appointed, or authorized by a | 3503 |
person who comes within one of the exemptions in division (B) of | 3504 |
this section; | 3505 |
(c) An individual under a written contract with a person who | 3506 |
comes within one of the exemptions in division (B) of this | 3507 |
section, if liability for all transactions with purchasers is | 3508 |
assumed by the person so exempted. | 3509 |
(7) "Telephone solicitation" means a communication to a | 3510 |
person that meets both of the following criteria: | 3511 |
(a) The communication is initiated by or on behalf of a | 3512 |
telephone solicitor or by a salesperson. | 3513 |
(b) The communication either represents a price or the | 3514 |
quality or availability of goods or services or is used to induce | 3515 |
the person to purchase goods or services, including, but not | 3516 |
limited to, inducement through the offering of a gift, award, or | 3517 |
prize. | 3518 |
(8) "Telephone solicitor" means a person that engages in | 3519 |
telephone solicitation directly or through one or more | 3520 |
salespersons either from a location in this state, or from a | 3521 |
location outside this state to persons in this state. "Telephone | 3522 |
solicitor" includes, but is not limited to, any such person that | 3523 |
is an owner, operator, officer, or director of, partner in, or | 3524 |
other individual engaged in the management activities of, a | 3525 |
business. | 3526 |
(B) A telephone solicitor is exempt from the provisions of | 3527 |
sections 4719.02 to 4719.18 and section 4719.99 of the Revised | 3528 |
Code if the telephone solicitor is any one of the following: | 3529 |
(1) A person engaging in a telephone solicitation that is a | 3530 |
one-time or infrequent transaction not done in the course of a | 3531 |
pattern of repeated transactions of a like nature; | 3532 |
(2) A person engaged in telephone solicitation solely for | 3533 |
religious or political purposes; a charitable organization, | 3534 |
fund-raising counsel, or professional solicitor in compliance with | 3535 |
the registration and reporting requirements of Chapter 1716. of | 3536 |
the Revised Code; or any person or other entity exempt under | 3537 |
section 1716.03 of the Revised Code from filing a registration | 3538 |
statement under section 1716.02 of the Revised Code; | 3539 |
(3) A person, making a telephone solicitation involving a | 3540 |
home solicitation sale as defined in section 1345.21 of the | 3541 |
Revised Code, that makes the sales presentation and completes the | 3542 |
sale at a later, face-to-face meeting between the seller and the | 3543 |
purchaser rather than during the telephone solicitation. However, | 3544 |
if the person, following the telephone solicitation, causes | 3545 |
another person to collect the payment of any money, this exemption | 3546 |
does not apply. | 3547 |
(4) A licensed securities, commodities, or investment broker, | 3548 |
dealer, investment advisor, or associated person when making a | 3549 |
telephone solicitation within the scope of the person's license. | 3550 |
As used in division (B)(4) of this section, "licensed securities, | 3551 |
commodities, or investment broker, dealer, investment advisor, or | 3552 |
associated person" means a person subject to licensure or | 3553 |
registration as such by the securities and exchange commission; | 3554 |
the National Association of Securities Dealers or other | 3555 |
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by | 3556 |
the division of securities under Chapter 1707. of the Revised | 3557 |
Code; or by an official or agency of any other state of the United | 3558 |
States. | 3559 |
(5)(a) A person primarily engaged in soliciting the sale of a | 3560 |
newspaper of general circulation; | 3561 |
(b) As used in division (B)(5)(a) of this section, "newspaper | 3562 |
of general circulation" includes, but is not limited to, both of | 3563 |
the following: | 3564 |
(i) A newspaper that is a daily law journal designated as an | 3565 |
official publisher of court calendars pursuant to section 2701.09 | 3566 |
of the Revised Code; | 3567 |
(ii) A newspaper or publication that has at least twenty-five | 3568 |
per cent editorial, non-advertising content, exclusive of inserts, | 3569 |
measured relative to total publication space, and an audited | 3570 |
circulation to at least fifty per cent of the households in the | 3571 |
newspaper's retail trade zone as defined by the audit. | 3572 |
(6)(a) An issuer, or its subsidiary, that has a class of | 3573 |
securities to which all of the following apply: | 3574 |
(i) The class of securities is subject to section 12 of the | 3575 |
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is | 3576 |
registered or is exempt from registration under 15 U.S.C.A. | 3577 |
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H); | 3578 |
(ii) The class of securities is listed on the New York stock | 3579 |
exchange, the American stock exchange, or the NASDAQ national | 3580 |
market system; | 3581 |
(iii) The class of securities is a reported security as | 3582 |
defined in 17 C.F.R. 240.11Aa3-1(a)(4). | 3583 |
(b) An issuer, or its subsidiary, that formerly had a class | 3584 |
of securities that met the criteria set forth in division | 3585 |
(B)(6)(a) of this section if the issuer, or its subsidiary, has a | 3586 |
net worth in excess of one hundred million dollars, files or its | 3587 |
parent files with the securities and exchange commission an S.E.C. | 3588 |
form 10-K, and has continued in substantially the same business | 3589 |
since it had a class of securities that met the criteria in | 3590 |
division (B)(6)(a) of this section. As used in division (B)(6)(b) | 3591 |
of this section, "issuer" and "subsidiary" include the successor | 3592 |
to an issuer or subsidiary. | 3593 |
(7) A person soliciting a transaction regulated by the | 3594 |
commodity futures trading commission, if the person is registered | 3595 |
or temporarily registered for that activity with the commission | 3596 |
under 7 U.S.C.A. 1 et. seq. and the registration or temporary | 3597 |
registration has not expired or been suspended or revoked; | 3598 |
(8) A person soliciting the sale of any book, record, audio | 3599 |
tape, compact disc, or video, if the person allows the purchaser | 3600 |
to review the merchandise for at least seven days and provides a | 3601 |
full refund within thirty days to a purchaser who returns the | 3602 |
merchandise or if the person solicits the sale on behalf of a | 3603 |
membership club operating in compliance with regulations adopted | 3604 |
by the federal trade commission in 16 C.F.R. 425; | 3605 |
(9) A supervised financial institution or its subsidiary. As | 3606 |
used in division (B)(9) of this section, "supervised financial | 3607 |
institution" means a bank, trust company, savings and loan | 3608 |
association, savings bank, credit union, industrial loan company, | 3609 |
consumer finance lender, commercial finance lender, or institution | 3610 |
described in section 2(c)(2)(F) of the "Bank Holding Company Act | 3611 |
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an | 3612 |
official or agency of the United States, this state, or any other | 3613 |
state of the United States; or a licensee or registrant under | 3614 |
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to | 3615 |
1321.83 of the Revised Code. | 3616 |
(10)(a) An insurance company, association, or other | 3617 |
organization that is licensed or authorized to conduct business in | 3618 |
this state by the superintendent of insurance pursuant to Title | 3619 |
XXXIX of the Revised Code or Chapter 1751. of the Revised Code, | 3620 |
when soliciting within the scope of its license or authorization. | 3621 |
(b) A licensed insurance broker, agent, or solicitor when | 3622 |
soliciting within the scope of the person's license. As used in | 3623 |
division (B)(10)(b) of this section, "licensed insurance broker, | 3624 |
agent, or solicitor" means any person licensed as an insurance | 3625 |
broker, agent, or solicitor by the superintendent of insurance | 3626 |
pursuant to Title XXXIX of the Revised Code. | 3627 |
(11) A person soliciting the sale of services provided by a | 3628 |
cable television system operating under authority of a | 3629 |
governmental franchise or permit; | 3630 |
(12) A person soliciting a business-to-business sale under | 3631 |
which any of the following conditions are met: | 3632 |
(a) The telephone solicitor has been operating continuously | 3633 |
for at least three years under the same business name under which | 3634 |
it solicits purchasers, and at least fifty-one per cent of its | 3635 |
gross dollar volume of sales consists of repeat sales to existing | 3636 |
customers to whom it has made sales under the same business name. | 3637 |
(b) The purchaser business intends to resell the goods | 3638 |
purchased. | 3639 |
(c) The purchaser business intends to use the goods or | 3640 |
services purchased in a recycling, reuse, manufacturing, or | 3641 |
remanufacturing process. | 3642 |
(d) The telephone solicitor is a publisher of a periodical or | 3643 |
of magazines distributed as controlled circulation publications as | 3644 |
defined in division (CC) of section 5739.01 of the Revised Code | 3645 |
and is soliciting sales of advertising, subscriptions, reprints, | 3646 |
lists, information databases, conference participation or | 3647 |
sponsorships, trade shows or media products related to the | 3648 |
periodical or magazine, or other publishing services provided by | 3649 |
the controlled circulation publication. | 3650 |
(13) A person that, not less often than once each year, | 3651 |
publishes and delivers to potential purchasers a catalog that | 3652 |
complies with both of the following: | 3653 |
(a) It includes all of the following: | 3654 |
(i) The business address of the seller; | 3655 |
(ii) A written description or illustration of each good or | 3656 |
service offered for sale; | 3657 |
(iii) A clear and conspicuous disclosure of the sale price of | 3658 |
each good or service; shipping, handling, and other charges; and | 3659 |
return policy | 3660 |
(b) One of the following applies: | 3661 |
(i) The catalog includes at least twenty-four pages of | 3662 |
written material and illustrations, is distributed in more than | 3663 |
one state, and has an annual postage-paid mail circulation of not | 3664 |
less than two hundred fifty thousand households; | 3665 |
(ii) The catalog includes at least ten pages of written | 3666 |
material or an equivalent amount of material in electronic form on | 3667 |
the internet or an on-line computer service, the person does not | 3668 |
solicit customers by telephone but solely receives telephone calls | 3669 |
made in response to the catalog, and during the calls the person | 3670 |
takes orders but does not engage in further solicitation of the | 3671 |
purchaser. As used in division (B)(13)(b)(ii) of this section, | 3672 |
"further solicitation" does not include providing the purchaser | 3673 |
with information about, or attempting to sell, any other item in | 3674 |
the catalog that prompted the purchaser's call or in a | 3675 |
substantially similar catalog issued by the seller. | 3676 |
(14) A political subdivision or instrumentality of the United | 3677 |
States, this state, or any state of the United States; | 3678 |
(15) A college or university or any other public or private | 3679 |
institution of higher education in this state; | 3680 |
(16) A public utility as defined in section 4905.02 of the | 3681 |
Revised Code or a retail natural gas supplier as defined in | 3682 |
section 4929.01 of the Revised Code, if the utility or supplier is | 3683 |
subject to regulation by the public utilities commission, or the | 3684 |
affiliate of the utility or supplier; | 3685 |
(17) A person that solicits sales through a television | 3686 |
program or advertisement that is presented in the same market area | 3687 |
no fewer than twenty days per month or offers for sale no fewer | 3688 |
than ten distinct items of goods or services; and offers to the | 3689 |
purchaser an unconditional right to return any good or service | 3690 |
purchased within a period of at least seven days and to receive a | 3691 |
full refund within thirty days after the purchaser returns the | 3692 |
good or cancels the service; | 3693 |
(18)(a) A person that, for at least one year, has been | 3694 |
operating a retail business under the same name as that used in | 3695 |
connection with telephone solicitation and both of the following | 3696 |
occur on a continuing basis: | 3697 |
(i) The person either displays goods and offers them for | 3698 |
retail sale at the person's business premises or offers services | 3699 |
for sale and provides them at the person's business premises. | 3700 |
(ii) At least fifty-one per cent of the person's gross dollar | 3701 |
volume of retail sales involves purchases of goods or services at | 3702 |
the person's business premises. | 3703 |
(b) An affiliate of a person that meets the requirements in | 3704 |
division (B)(18)(a) of this section if the affiliate meets all of | 3705 |
the following requirements: | 3706 |
(i) The affiliate has operated a retail business for a period | 3707 |
of less than one year; | 3708 |
(ii) The affiliate either displays goods and offers them for | 3709 |
retail sale at the affiliate's business premises or offers | 3710 |
services for sale and provides them at the affiliate's business | 3711 |
premises; | 3712 |
(iii) At least fifty-one per cent of the affiliate's gross | 3713 |
dollar volume of retail sales involves purchases of goods or | 3714 |
services at the affiliate's business premises. | 3715 |
(c) A person that, for a period of less than one year, has | 3716 |
been operating a retail business in this state under the same name | 3717 |
as that used in connection with telephone solicitation, as long as | 3718 |
all of the following requirements are met: | 3719 |
(i) The person either displays goods and offers them for | 3720 |
retail sale at the person's business premises or offers services | 3721 |
for sale and provides them at the person's business premises; | 3722 |
(ii) The goods or services that are the subject of telephone | 3723 |
solicitation are sold at the person's business premises, and at | 3724 |
least sixty-five per cent of the person's gross dollar volume of | 3725 |
retail sales involves purchases of goods or services at the | 3726 |
person's business premises; | 3727 |
(iii) The person conducts all telephone solicitation | 3728 |
activities according to sections 310.3, 310.4, and 310.5 of the | 3729 |
telemarketing sales rule adopted by the federal trade commission | 3730 |
in 16 C.F.R. part 310. | 3731 |
(19) A person who performs telephone solicitation sales | 3732 |
services on behalf of other persons and to whom one of the | 3733 |
following applies: | 3734 |
(a) The person has operated under the same ownership, | 3735 |
control, and business name for at least five years, and the person | 3736 |
receives at least seventy-five per cent of its gross revenues from | 3737 |
written telephone solicitation contracts with persons who come | 3738 |
within one of the exemptions in division (B) of this section. | 3739 |
(b) The person is an affiliate of one or more exempt persons | 3740 |
and makes telephone solicitations on behalf of only the exempt | 3741 |
persons of which it is an affiliate. | 3742 |
(c) The person makes telephone solicitations on behalf of | 3743 |
only exempt persons, the person and each exempt person on whose | 3744 |
behalf telephone solicitations are made have entered into a | 3745 |
written contract that specifies the manner in which the telephone | 3746 |
solicitations are to be conducted and that at a minimum requires | 3747 |
compliance with the telemarketing sales rule adopted by the | 3748 |
federal trade commission in 16 C.F.R. part 310, and the person | 3749 |
conducts the telephone solicitations in the manner specified in | 3750 |
the written contract. | 3751 |
(d) The person performs telephone solicitation for religious | 3752 |
or political purposes, a charitable organization, a fund-raising | 3753 |
council, or a professional solicitor in compliance with the | 3754 |
registration and reporting requirements of Chapter 1716. of the | 3755 |
Revised Code; and meets all of the following requirements: | 3756 |
(i) The person has operated under the same ownership, | 3757 |
control, and business name for at least five years, and the person | 3758 |
receives at least fifty-one per cent of its gross revenues from | 3759 |
written telephone solicitation contracts with persons who come | 3760 |
within the exemption in division (B)(2) of this section; | 3761 |
(ii) The person does not conduct a prize promotion or offer | 3762 |
the sale of an investment opportunity; | 3763 |
(iii) The person conducts all telephone solicitation | 3764 |
activities according to sections 310.3, 310.4, and 310.5 of the | 3765 |
telemarketing sales rules adopted by the federal trade commission | 3766 |
in 16 C.F.R. part 310. | 3767 |
(20) A person that is a licensed real estate salesperson or | 3768 |
broker under Chapter 4735. of the Revised Code when soliciting | 3769 |
within the scope of the person's license; | 3770 |
(21)(a) Either of the following: | 3771 |
(i) A publisher that solicits the sale of the publisher's | 3772 |
periodical or magazine of general, paid circulation, or a person | 3773 |
that solicits a sale of that nature on behalf of a publisher under | 3774 |
a written agreement directly between the publisher and the person. | 3775 |
(ii) A publisher that solicits the sale of the publisher's | 3776 |
periodical or magazine of general, paid circulation, or a person | 3777 |
that solicits a sale of that nature as authorized by a publisher | 3778 |
under a written agreement directly with a publisher's | 3779 |
clearinghouse provided the person is a resident of Ohio for more | 3780 |
than three years and initiates all telephone solicitations from | 3781 |
Ohio and the person conducts the solicitation and sale in | 3782 |
compliance with 16 C.F.R. part 310, as adopted by the federal | 3783 |
trade commission. | 3784 |
(b) As used in division (B)(21) of this section, "periodical | 3785 |
or magazine of general, paid circulation" excludes a periodical or | 3786 |
magazine circulated only as part of a membership package or given | 3787 |
as a free gift or prize from the publisher or person. | 3788 |
(22) A person that solicits the sale of food, as defined in | 3789 |
section 3715.01 of the Revised Code, or the sale of products of | 3790 |
horticulture, as defined in section 5739.01 of the Revised Code, | 3791 |
if the person does not intend the solicitation to result in, or | 3792 |
the solicitation actually does not result in, a sale that costs | 3793 |
the purchaser an amount greater than five hundred dollars. | 3794 |
(23) A funeral director licensed pursuant to Chapter 4717. of | 3795 |
the Revised Code when soliciting within the scope of that license, | 3796 |
if both of the following apply: | 3797 |
(a) The solicitation and sale are conducted in compliance | 3798 |
with 16 C.F.R. part 453, as adopted by the federal trade | 3799 |
commission, and with sections 1107.33 and 1345.21 to 1345.28 of | 3800 |
the Revised Code; | 3801 |
(b) The person provides to the purchaser of any preneed | 3802 |
funeral contract a notice that clearly and conspicuously sets | 3803 |
forth the cancellation rights specified in division (G) of section | 3804 |
1107.33 of the Revised Code, and retains a copy of the notice | 3805 |
signed by the purchaser. | 3806 |
(24) A person, or affiliate thereof, licensed to sell or | 3807 |
issue Ohio instruments designated as travelers checks pursuant to | 3808 |
sections 1315.01 to 1315.18 of the Revised Code. | 3809 |
(25) A person that solicits sales from its previous | 3810 |
purchasers and meets all of the following requirements: | 3811 |
(a) The solicitation is made under the same business name | 3812 |
that was previously used to sell goods or services to the | 3813 |
purchaser; | 3814 |
(b) The person has, for a period of not less than three | 3815 |
years, operated a business under the same business name as that | 3816 |
used in connection with telephone solicitation; | 3817 |
(c) The person does not conduct a prize promotion or offer | 3818 |
the sale of an investment opportunity; | 3819 |
(d) The person conducts all telephone solicitation activities | 3820 |
according to sections 310.3, 310.4, and 310.5 of the telemarketing | 3821 |
sales rules adopted by the federal trade commission in 16 C.F.R. | 3822 |
part 310; | 3823 |
(e) Neither the person nor any of its principals has been | 3824 |
convicted of, pleaded guilty to, or has entered a plea of no | 3825 |
contest for a felony or a theft offense as defined in sections | 3826 |
2901.02 and 2913.01 of the Revised Code or similar law of another | 3827 |
state or of the United States; | 3828 |
(f) Neither the person nor any of its principals has had | 3829 |
entered against them an injunction or a final judgment or order, | 3830 |
including an agreed judgment or order, an assurance of voluntary | 3831 |
compliance, or any similar instrument, in any civil or | 3832 |
administrative action involving engaging in a pattern of corrupt | 3833 |
practices, fraud, theft, embezzlement, fraudulent conversion, or | 3834 |
misappropriation of property; the use of any untrue, deceptive, or | 3835 |
misleading representation; or the use of any unfair, unlawful, | 3836 |
deceptive, or unconscionable trade act or practice. | 3837 |
(26) An institution defined as a home health agency in | 3838 |
section 3701.881 of the Revised Code, that conducts all telephone | 3839 |
solicitation activities according to sections 310.3, 310.4, and | 3840 |
310.5 of the telemarketing sales rules adopted by the federal | 3841 |
trade commission in 16 C.F.R. part 310, and engages in telephone | 3842 |
solicitation only within the scope of the institution's | 3843 |
certification, accreditation, contract with the department of | 3844 |
aging, or status as a home health agency; and that meets one of | 3845 |
the following requirements: | 3846 |
(a) The institution is certified as a provider of home health | 3847 |
services under Title XVIII of the Social Security Act, 49 Stat. | 3848 |
620, 42 U.S.C. 301, as amended; | 3849 |
(b) The institution is accredited by either the joint | 3850 |
commission on accreditation of health care organizations or the | 3851 |
community health accreditation program; | 3852 |
(c) The institution is providing passport services under the | 3853 |
direction of the Ohio department of aging under section 173.40 of | 3854 |
the Revised Code; | 3855 |
(d) An affiliate of an institution that meets the | 3856 |
requirements of division (B)(26)(a), (b), or (c) of this section | 3857 |
when offering for sale substantially the same goods and services | 3858 |
as those that are offered by the institution that meets the | 3859 |
requirements of division (B)(26)(a), (b), or (c) of this section. | 3860 |
(27) A person licensed | 3861 |
the department of health pursuant to section 3712.04 or 3712.041 | 3862 |
of the Revised Code to provide a hospice care program or pediatric | 3863 |
respite care program when conducting telephone solicitations | 3864 |
within the scope of the person's license and according to sections | 3865 |
310.3, 310.4, and 310.5 of the telemarketing sales rules adopted | 3866 |
by the federal trade commission in 16 C.F.R. part 310. | 3867 |
Sec. 4723.01. As used in this chapter: | 3868 |
(A) "Registered nurse" means an individual who holds a | 3869 |
current, valid license issued under this chapter that authorizes | 3870 |
the practice of nursing as a registered nurse. | 3871 |
(B) "Practice of nursing as a registered nurse" means | 3872 |
providing to individuals and groups nursing care requiring | 3873 |
specialized knowledge, judgment, and skill derived from the | 3874 |
principles of biological, physical, behavioral, social, and | 3875 |
nursing sciences. Such nursing care includes: | 3876 |
(1) Identifying patterns of human responses to actual or | 3877 |
potential health problems amenable to a nursing regimen; | 3878 |
(2) Executing a nursing regimen through the selection, | 3879 |
performance, management, and evaluation of nursing actions; | 3880 |
(3) Assessing health status for the purpose of providing | 3881 |
nursing care; | 3882 |
(4) Providing health counseling and health teaching; | 3883 |
(5) Administering medications, treatments, and executing | 3884 |
regimens authorized by an individual who is authorized to practice | 3885 |
in this state and is acting within the course of the individual's | 3886 |
professional practice; | 3887 |
(6) Teaching, administering, supervising, delegating, and | 3888 |
evaluating nursing practice. | 3889 |
(C) "Nursing regimen" may include preventative, restorative, | 3890 |
and health-promotion activities. | 3891 |
(D) "Assessing health status" means the collection of data | 3892 |
through nursing assessment techniques, which may include | 3893 |
interviews, observation, and physical evaluations for the purpose | 3894 |
of providing nursing care. | 3895 |
(E) "Licensed practical nurse" means an individual who holds | 3896 |
a current, valid license issued under this chapter that authorizes | 3897 |
the practice of nursing as a licensed practical nurse. | 3898 |
(F) "The practice of nursing as a licensed practical nurse" | 3899 |
means providing to individuals and groups nursing care requiring | 3900 |
the application of basic knowledge of the biological, physical, | 3901 |
behavioral, social, and nursing sciences at the direction of a | 3902 |
licensed physician, dentist, podiatrist, optometrist, | 3903 |
chiropractor, or registered nurse. Such nursing care includes: | 3904 |
(1) Observation, patient teaching, and care in a diversity of | 3905 |
health care settings; | 3906 |
(2) Contributions to the planning, implementation, and | 3907 |
evaluation of nursing; | 3908 |
(3) Administration of medications and treatments authorized | 3909 |
by an individual who is authorized to practice in this state and | 3910 |
is acting within the course of the individual's professional | 3911 |
practice | 3912 |
3913 | |
3914 | |
condition that the licensed practical nurse | 3915 |
3916 | |
3917 | |
Revised Code to administer medications; | 3918 |
(4) Administration to an adult of intravenous therapy | 3919 |
authorized by an individual who is authorized to practice in this | 3920 |
state and is acting within the course of the individual's | 3921 |
professional practice, on the condition that the licensed | 3922 |
practical nurse is authorized under section | 3923 |
3924 | |
therapy and performs intravenous therapy only in accordance with | 3925 |
those sections; | 3926 |
(5) Delegation of nursing tasks as directed by a registered | 3927 |
nurse; | 3928 |
(6) Teaching nursing tasks to licensed practical nurses and | 3929 |
individuals to whom the licensed practical nurse is authorized to | 3930 |
delegate nursing tasks as directed by a registered nurse. | 3931 |
(G) "Certified registered nurse anesthetist" means a | 3932 |
registered nurse who holds a valid certificate of authority issued | 3933 |
under this chapter that authorizes the practice of nursing as a | 3934 |
certified registered nurse anesthetist in accordance with section | 3935 |
4723.43 of the Revised Code and rules adopted by the board of | 3936 |
nursing. | 3937 |
(H) "Clinical nurse specialist" means a registered nurse who | 3938 |
holds a valid certificate of authority issued under this chapter | 3939 |
that authorizes the practice of nursing as a clinical nurse | 3940 |
specialist in accordance with section 4723.43 of the Revised Code | 3941 |
and rules adopted by the board of nursing. | 3942 |
(I) "Certified nurse-midwife" means a registered nurse who | 3943 |
holds a valid certificate of authority issued under this chapter | 3944 |
that authorizes the practice of nursing as a certified | 3945 |
nurse-midwife in accordance with section 4723.43 of the Revised | 3946 |
Code and rules adopted by the board of nursing. | 3947 |
(J) "Certified nurse practitioner" means a registered nurse | 3948 |
who holds a valid certificate of authority issued under this | 3949 |
chapter that authorizes the practice of nursing as a certified | 3950 |
nurse practitioner in accordance with section 4723.43 of the | 3951 |
Revised Code and rules adopted by the board of nursing. | 3952 |
(K) "Physician" means an individual authorized under Chapter | 3953 |
4731. of the Revised Code to practice medicine and surgery or | 3954 |
osteopathic medicine and surgery | 3955 |
3956 |
(L) "Collaboration" or "collaborating" means the following: | 3957 |
(1) In the case of a clinical nurse specialist, except as | 3958 |
provided in division (L)(3) of this section, or a certified nurse | 3959 |
practitioner, that one or more podiatrists acting within the scope | 3960 |
of practice of podiatry in accordance with section 4731.51 of the | 3961 |
Revised Code and with whom the nurse has entered into a standard | 3962 |
care arrangement or one or more physicians with whom the nurse has | 3963 |
entered into a standard care arrangement are continuously | 3964 |
available to communicate with the clinical nurse specialist or | 3965 |
certified nurse practitioner either in person or by radio, | 3966 |
telephone, or other form of telecommunication; | 3967 |
(2) In the case of a certified nurse-midwife, that one or | 3968 |
more physicians with whom the certified nurse-midwife has entered | 3969 |
into a standard care arrangement are continuously available to | 3970 |
communicate with the certified nurse-midwife either in person or | 3971 |
by radio, telephone, or other form of telecommunication; | 3972 |
(3) In the case of a clinical nurse specialist who practices | 3973 |
the nursing specialty of mental health or psychiatric mental | 3974 |
health without being authorized to prescribe drugs and therapeutic | 3975 |
devices, that one or more physicians are continuously available to | 3976 |
communicate with the nurse either in person or by radio, | 3977 |
telephone, or other form of telecommunication. | 3978 |
(M) "Supervision," as it pertains to a certified registered | 3979 |
nurse anesthetist, means that the certified registered nurse | 3980 |
anesthetist is under the direction of a podiatrist acting within | 3981 |
the podiatrist's scope of practice in accordance with section | 3982 |
4731.51 of the Revised Code, a dentist acting within the dentist's | 3983 |
scope of practice in accordance with Chapter 4715. of the Revised | 3984 |
Code, or a physician, and, when administering anesthesia, the | 3985 |
certified registered nurse anesthetist is in the immediate | 3986 |
presence of the podiatrist, dentist, or physician. | 3987 |
(N) "Standard care arrangement" means a written, formal guide | 3988 |
for planning and evaluating a patient's health care that is | 3989 |
developed by one or more collaborating physicians or podiatrists | 3990 |
and a clinical nurse specialist, certified nurse-midwife, or | 3991 |
certified nurse practitioner and meets the requirements of section | 3992 |
4723.431 of the Revised Code. | 3993 |
(O) "Advanced practice registered nurse" means a certified | 3994 |
registered nurse anesthetist, clinical nurse specialist, certified | 3995 |
nurse-midwife, or certified nurse practitioner. | 3996 |
(P) "Dialysis care" means the care and procedures that a | 3997 |
dialysis technician or dialysis technician intern is authorized to | 3998 |
provide and perform, as specified in section 4723.72 of the | 3999 |
Revised Code. | 4000 |
(Q) "Dialysis technician" means an individual who holds a | 4001 |
current, valid certificate | 4002 |
4003 | |
dialysis technician | 4004 |
4005 |
(R) "Dialysis technician intern" means an individual who | 4006 |
holds a current, valid certificate to practice as a dialysis | 4007 |
technician intern issued under section 4723.75 of the Revised | 4008 |
Code. | 4009 |
(S) "Certified community health worker" means an individual | 4010 |
who holds a current, valid certificate as a community health | 4011 |
worker issued | 4012 |
Revised Code. | 4013 |
(T) "Medication aide" means an individual who holds a | 4014 |
current, valid certificate issued under this chapter that | 4015 |
authorizes the individual to administer medication in accordance | 4016 |
with section 4723.67 of the Revised Code. | 4017 |
Sec. 4723.03. (A) No person shall engage in the practice of | 4018 |
nursing as a registered nurse, represent the person as being a | 4019 |
registered nurse, or use the title "registered nurse," the | 4020 |
initials "R.N.," or any other title implying that the person is a | 4021 |
registered nurse, for a fee, salary, or other consideration, or as | 4022 |
a volunteer, without holding a current, valid license as a | 4023 |
registered nurse under this chapter. | 4024 |
(B) No person shall engage in the practice of nursing as a | 4025 |
licensed practical nurse, represent the person as being a licensed | 4026 |
practical nurse, or use the title "licensed practical nurse," the | 4027 |
initials "L.P.N.," or any other title implying that the person is | 4028 |
a licensed practical nurse, for a fee, salary, or other | 4029 |
consideration, or as a volunteer, without holding a current, valid | 4030 |
license as a practical nurse under this chapter. | 4031 |
(C) No person shall use the titles or initials "graduate | 4032 |
nurse," "G.N.," "professional nurse," "P.N.," "graduate practical | 4033 |
nurse," "G.P.N.," "practical nurse," "P.N.," "trained nurse," | 4034 |
"T.N.," or any other statement, title, or initials that would | 4035 |
imply or represent to the public that the person is authorized to | 4036 |
practice nursing in this state, except as follows: | 4037 |
(1) A person licensed under this chapter to practice nursing | 4038 |
as a registered nurse may use that title and the initials "R.N."; | 4039 |
(2) A person licensed under this chapter to practice nursing | 4040 |
as a licensed practical nurse may use that title and the initials | 4041 |
"L.P.N."; | 4042 |
(3) A person authorized under this chapter to practice | 4043 |
nursing as a certified registered nurse anesthetist may use that | 4044 |
title, the initials "C.R.N.A." or "N.A.," and any other title or | 4045 |
initials approved by the board of nursing; | 4046 |
(4) A person authorized under this chapter to practice | 4047 |
nursing as a clinical nurse specialist may use that title, the | 4048 |
initials "C.N.S.," and any other title or initials approved by the | 4049 |
board; | 4050 |
(5) A person authorized under this chapter to practice | 4051 |
nursing as a certified nurse-midwife may use that title, the | 4052 |
initials "C.N.M.," and any other title or initials approved by the | 4053 |
board; | 4054 |
(6) A person authorized under this chapter to practice | 4055 |
nursing as a certified nurse practitioner may use that title, the | 4056 |
initials "C.N.P.," and any other title or initials approved by the | 4057 |
board; | 4058 |
(7) A person authorized under this chapter to practice as a | 4059 |
certified registered nurse anesthetist, clinical nurse specialist, | 4060 |
certified nurse-midwife, or certified nurse practitioner may use | 4061 |
the title "advanced practice registered nurse" or the initials | 4062 |
"A.P.R.N." | 4063 |
(D) No person shall employ a person not licensed as a | 4064 |
registered nurse under this chapter to engage in the practice of | 4065 |
nursing as a registered nurse. No person shall employ a person not | 4066 |
licensed as a practical nurse under this chapter to engage in the | 4067 |
practice of nursing as a licensed practical nurse. | 4068 |
(E) No person shall sell or fraudulently obtain or furnish | 4069 |
any nursing diploma, license, certificate, renewal, or record, or | 4070 |
aid or abet such acts. | 4071 |
Sec. 4723.06. (A) The board of nursing shall: | 4072 |
(1) Administer and enforce the provisions of this chapter, | 4073 |
including the taking of disciplinary action for violations of | 4074 |
section 4723.28 of the Revised Code, any other provisions of this | 4075 |
chapter, or rules adopted under this chapter; | 4076 |
(2) Develop criteria that an applicant must meet to be | 4077 |
eligible to sit for the examination for licensure to practice as a | 4078 |
registered nurse or as a licensed practical nurse; | 4079 |
(3) Issue and renew nursing licenses, dialysis technician | 4080 |
certificates, and community health worker certificates, as | 4081 |
provided in this chapter; | 4082 |
(4) Define the minimum | 4083 |
educational programs of the schools of | 4084 |
nursing and schools of practical nursing in this state; | 4085 |
(5) Survey, inspect, and grant full approval to prelicensure | 4086 |
nursing education programs in this state that meet the standards | 4087 |
established by rules adopted under section 4723.07 of the Revised | 4088 |
Code. Prelicensure nursing education programs include, but are not | 4089 |
limited to, diploma, associate degree, baccalaureate degree, | 4090 |
4091 | |
initial licensure to practice nursing as a registered nurse and | 4092 |
practical nurse programs leading to initial licensure to practice | 4093 |
nursing as a licensed practical nurse. | 4094 |
(6) Grant conditional approval, by a vote of a quorum of the | 4095 |
board, to a new prelicensure nursing education program or a | 4096 |
program that is being reestablished after having ceased to | 4097 |
operate, if the program meets and maintains the minimum standards | 4098 |
of the board established by rules adopted under section 4723.07 of | 4099 |
the Revised Code. If the board does not grant conditional | 4100 |
approval, it shall hold an adjudication under Chapter 119. of the | 4101 |
Revised Code to consider conditional approval of the program. If | 4102 |
the board grants conditional approval, at | 4103 |
4104 | |
completion of the survey process required by division (A)(5) of | 4105 |
this section, the board shall determine whether to grant full | 4106 |
approval to the program. If the board does not grant full approval | 4107 |
or if it appears that the program has failed to meet and maintain | 4108 |
standards established by rules adopted under section 4723.07 of | 4109 |
the Revised Code, the board shall hold an adjudication under | 4110 |
Chapter 119. of the Revised Code to consider the program. Based on | 4111 |
results of the adjudication, the board may continue or withdraw | 4112 |
conditional approval, or grant full approval. | 4113 |
(7) Place on provisional approval, for a period of time | 4114 |
specified by the board, a program that has ceased to meet and | 4115 |
maintain the minimum standards of the board established by rules | 4116 |
adopted under section 4723.07 of the Revised Code. | 4117 |
at the end of the period, the board shall reconsider whether the | 4118 |
program meets the standards and shall grant full approval if it | 4119 |
does. If it does not, the board may withdraw approval, pursuant to | 4120 |
an adjudication under Chapter 119. of the Revised Code. | 4121 |
(8) Approve continuing | 4122 |
under standards established in rules adopted under | 4123 |
sections 4723.07, 4723.69, 4723.79, and 4723.88 of the Revised | 4124 |
Code; | 4125 |
(9) | 4126 |
4127 | |
4128 |
| 4129 |
in accordance with section 4723.35 of the Revised Code; | 4130 |
| 4131 |
program in accordance with section 4723.282 of the Revised Code; | 4132 |
| 4133 |
practice nursing as a certified registered nurse anesthetist, | 4134 |
clinical nurse specialist, certified nurse-midwife, or certified | 4135 |
nurse practitioner; | 4136 |
| 4137 |
national certifying organizations for examination and | 4138 |
certification of certified registered nurse anesthetists, clinical | 4139 |
nurse specialists, certified nurse-midwives, or certified nurse | 4140 |
practitioners; | 4141 |
| 4142 |
accordance with sections 4723.48 and 4723.486 of the Revised Code; | 4143 |
| 4144 |
study required by section 4723.482 of the Revised Code to be | 4145 |
eligible for a certificate to prescribe; | 4146 |
| 4147 |
in rules adopted under section 4723.50 of the Revised Code | 4148 |
available to the public either in printed form or by electronic | 4149 |
means and, as soon as possible after any revision of the formulary | 4150 |
becomes effective, make the revision available to the public in | 4151 |
printed form or by electronic means; | 4152 |
| 4153 |
general assembly, the governor, state agencies, and the federal | 4154 |
government with respect to the regulation of the practice of | 4155 |
nursing and the enforcement of this chapter; | 4156 |
| 4157 |
be open for public inspection; | 4158 |
| 4159 |
following records: | 4160 |
(a) A record of all its meetings and proceedings; | 4161 |
(b) A | 4162 |
4163 | |
4164 | |
4165 | |
by the board under this chapter | 4166 |
4167 | |
rules adopted under this chapter. The record shall be maintained | 4168 |
in a format determined by the board. | 4169 |
(c) A list of | 4170 |
programs approved by the board | 4171 |
| 4172 |
4173 |
(19) Deny approval to a person who submits or causes to be | 4174 |
submitted false, misleading, or deceptive statements, information, | 4175 |
or documentation to the board in the process of applying for | 4176 |
approval of a new education or training program. If the board | 4177 |
proposes to deny approval of a new education or training program, | 4178 |
it shall do so pursuant to an adjudication conducted under Chapter | 4179 |
119. of the Revised Code. | 4180 |
(B) The board may fulfill the requirement of division (A)(8) | 4181 |
of this section by authorizing persons who meet the standards | 4182 |
established in rules adopted under section 4723.07 of the Revised | 4183 |
Code to approve continuing | 4184 |
Persons so authorized shall approve continuing | 4185 |
programs and courses in accordance with standards established in | 4186 |
rules adopted under section 4723.07 of the Revised Code. | 4187 |
Persons seeking authorization to approve continuing | 4188 |
education programs and courses shall apply to the board and pay | 4189 |
the appropriate fee established under section 4723.08 of the | 4190 |
Revised Code. Authorizations to approve continuing | 4191 |
education programs and courses shall expire, and may be renewed | 4192 |
according to the schedule established in rules adopted under | 4193 |
section 4723.07 of the Revised Code. | 4194 |
In addition to approving continuing | 4195 |
programs under division (A)(8) of this section, the board may | 4196 |
sponsor continuing education activities that are directly related | 4197 |
to the statutes and rules | 4198 |
4199 |
Sec. 4723.063. (A) As used in this section: | 4200 |
(1) "Health care facility" means: | 4201 |
(a) A hospital registered under section 3701.07 of the | 4202 |
Revised Code; | 4203 |
(b) A nursing home licensed under section 3721.02 of the | 4204 |
Revised Code, or by a political subdivision certified under | 4205 |
section 3721.09 of the Revised Code; | 4206 |
(c) A county home or a county nursing home as defined in | 4207 |
section 5155.31 of the Revised Code that is certified under Title | 4208 |
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 4209 |
U.S.C. 301, as amended; | 4210 |
(d) A freestanding dialysis center; | 4211 |
(e) A freestanding inpatient rehabilitation facility; | 4212 |
(f) An ambulatory surgical facility; | 4213 |
(g) A freestanding cardiac catheterization facility; | 4214 |
(h) A freestanding birthing center; | 4215 |
(i) A freestanding or mobile diagnostic imaging center; | 4216 |
(j) A freestanding radiation therapy center. | 4217 |
(2) "Nurse education program" means a prelicensure nurse | 4218 |
education program approved by the board of nursing under section | 4219 |
4723.06 of the Revised Code or a postlicensure nurse education | 4220 |
program approved by the board of regents under section 3333.04 of | 4221 |
the Revised Code. | 4222 |
(B) The state board of nursing shall establish and administer | 4223 |
the nurse education grant program. Under the program, the board | 4224 |
shall award grants to nurse education programs that have | 4225 |
partnerships with other education programs, community health | 4226 |
agencies, | 4227 |
homes. Grant recipients shall use the money to fund partnerships | 4228 |
to increase the nurse education program's enrollment capacity. | 4229 |
Methods of increasing a program's enrollment capacity may include | 4230 |
hiring faculty and preceptors, purchasing educational equipment | 4231 |
and materials, and other actions acceptable to the board. Grant | 4232 |
money shall not be used to construct or renovate buildings. | 4233 |
Partnerships may be developed between one or more nurse education | 4234 |
programs and one or more health care facilities. | 4235 |
In awarding grants, the board shall give preference to | 4236 |
partnerships between nurse education programs and hospitals, | 4237 |
nursing homes, and county homes or county nursing homes, but may | 4238 |
also award grants to fund partnerships between nurse education | 4239 |
programs and other health care facilities and between nurse | 4240 |
education programs and patient centered medical homes. | 4241 |
(C) The board shall adopt rules in accordance with Chapter | 4242 |
119. of the Revised Code establishing the following: | 4243 |
(1) Eligibility requirements for receipt of a grant; | 4244 |
(2) Grant application forms and procedures; | 4245 |
(3) The amounts in which grants may be made and the total | 4246 |
amount that may be awarded to a nurse education program that has a | 4247 |
partnership with other education programs, a community health | 4248 |
agency, | 4249 |
home; | 4250 |
(4) A method whereby the board may evaluate the effectiveness | 4251 |
of a partnership between joint recipients in increasing the nurse | 4252 |
education program's enrollment capacity; | 4253 |
(5) The percentage of the money in the fund that must remain | 4254 |
in the fund at all times to maintain a fiscally responsible fund | 4255 |
balance; | 4256 |
(6) The percentage of available grants to be awarded to | 4257 |
licensed practical nurse education programs, registered nurse | 4258 |
education programs, and graduate programs; | 4259 |
(7) Any other matters incidental to the operation of the | 4260 |
program. | 4261 |
(D) | 4262 |
4263 | |
collected under section 4723.08 of the Revised Code shall be | 4264 |
dedicated to the nurse education grant program fund, which is | 4265 |
hereby created in the state treasury. The board shall use money in | 4266 |
the fund for grants awarded under division (A) of this section and | 4267 |
for expenses of administering the grant program. The amount used | 4268 |
for administrative expenses in any year shall not exceed ten per | 4269 |
cent of the amount transferred to the fund in that year. | 4270 |
(E) Each quarter, for the purposes of transferring funds to | 4271 |
the nurse education grant program, the board of nursing shall | 4272 |
certify to the director of budget and management the number of | 4273 |
biennial licenses renewed under this chapter during the preceding | 4274 |
quarter and the amount equal to that number times ten dollars. | 4275 |
(F) Notwithstanding the requirements of section 4743.05 of | 4276 |
the Revised Code, from January 1, 2004, until December 31, | 4277 |
2023, at the end of each quarter, the director of budget and | 4278 |
management shall transfer from the occupational licensing and | 4279 |
regulatory fund to the nurse education grant program fund the | 4280 |
amount certified under division (E) of this section. | 4281 |
Sec. 4723.07. In accordance with Chapter 119. of the Revised | 4282 |
Code, the board of nursing shall adopt and may amend and rescind | 4283 |
rules that establish all of the following: | 4284 |
(A) Provisions for the board's government and control of its | 4285 |
actions and business affairs; | 4286 |
(B) Minimum | 4287 |
programs that prepare graduates to be licensed under this chapter | 4288 |
and procedures for granting, renewing, and withdrawing approval of | 4289 |
those programs; | 4290 |
(C) Criteria that applicants for licensure must meet to be | 4291 |
eligible to take examinations for licensure; | 4292 |
(D) Standards and procedures for renewal of the licenses and | 4293 |
certificates issued by the board; | 4294 |
(E) Standards for approval of continuing nursing education | 4295 |
programs and courses for registered nurses, licensed practical | 4296 |
nurses, certified registered nurse anesthetists, clinical nurse | 4297 |
specialists, certified nurse-midwives, and certified nurse | 4298 |
practitioners. The standards may provide for approval of | 4299 |
continuing nursing education programs and courses that have been | 4300 |
approved by other state boards of nursing or by national | 4301 |
accreditation systems for nursing, including, but not limited to, | 4302 |
the American nurses' credentialing center and the national | 4303 |
association for practical nurse education and service. | 4304 |
(F) Standards that persons must meet to be authorized by the | 4305 |
board to approve continuing | 4306 |
and a schedule by which that authorization expires and may be | 4307 |
renewed; | 4308 |
(G) Requirements, including continuing education | 4309 |
requirements, for | 4310 |
licenses | 4311 |
4312 | |
licenses | 4313 |
4314 |
(H) Conditions that may be imposed for reinstatement of a | 4315 |
4316 | |
4317 | |
3123.47, 4723.28, 4723.281, 4723.652, or 4723.86 of the Revised | 4318 |
Code resulting in a license or certificate suspension; | 4319 |
(I) | 4320 |
4321 | |
4322 |
| 4323 |
administration by licensed practical nurses; | 4324 |
| 4325 |
applicant for a license to practice nursing as a registered nurse | 4326 |
4327 | |
or a certificate of authority issued under division | 4328 |
section 4723.41 of the Revised Code | 4329 |
4330 | |
purpose of issuing the license or certificate by the board's | 4331 |
endorsement of the applicant's authority to practice issued by the | 4332 |
licensing agency of another state; | 4333 |
| 4334 |
that shall be used by each | 4335 |
licensee or | 4336 |
4337 | |
The rules shall define and establish requirements for universal | 4338 |
4339 | |
following: | 4340 |
(1) Appropriate use of hand washing; | 4341 |
(2) Disinfection and sterilization of equipment; | 4342 |
(3) Handling and disposal of needles and other sharp | 4343 |
instruments; | 4344 |
(4) Wearing and disposal of gloves and other protective | 4345 |
garments and devices. | 4346 |
| 4347 |
authority to practice nursing as a certified registered nurse | 4348 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 4349 |
or certified nurse practitioner, and for renewal of those | 4350 |
certificates; | 4351 |
| 4352 |
nurse anesthetists, clinical nurse specialists, certified | 4353 |
nurse-midwives, or certified nurse practitioners; | 4354 |
| 4355 |
required by section 4723.431 of the Revised Code entered into by a | 4356 |
clinical nurse specialist, certified nurse-midwife, or certified | 4357 |
nurse practitioner and the nurse's collaborating physician or | 4358 |
podiatrist; | 4359 |
| 4360 |
specialists who | 4361 |
to practice as a clinical nurse specialist under division (C) of | 4362 |
section 4723.41 of the Revised Code | 4363 |
4364 | |
time before the effective date of this amendment; | 4365 |
| 4366 |
the Revised Code, the actions, omissions, or other circumstances | 4367 |
that constitute failure to establish and maintain professional | 4368 |
boundaries with a patient. | 4369 |
The board may adopt other rules necessary to carry out the | 4370 |
provisions of this chapter. The rules shall be adopted in | 4371 |
accordance with Chapter 119. of the Revised Code. | 4372 |
Sec. 4723.08. (A) The board of nursing may impose fees not | 4373 |
to exceed the following limits: | 4374 |
(1) For application for licensure by examination to practice | 4375 |
nursing as a registered nurse or as a licensed practical nurse, | 4376 |
seventy-five dollars; | 4377 |
(2) For application for licensure by endorsement to practice | 4378 |
nursing as a registered nurse or as a licensed practical nurse, | 4379 |
seventy-five dollars; | 4380 |
(3) For application for a certificate of authority to | 4381 |
practice nursing as a certified registered nurse anesthetist, | 4382 |
clinical nurse specialist, certified nurse-midwife, or certified | 4383 |
nurse practitioner, one hundred dollars; | 4384 |
(4) For application for a temporary dialysis technician | 4385 |
certificate, the amount specified in rules adopted under section | 4386 |
4723.79 of the Revised Code; | 4387 |
(5) For application for a | 4388 |
certificate, the amount specified in rules adopted under section | 4389 |
4723.79 of the Revised Code; | 4390 |
(6) For application for a certificate to prescribe, fifty | 4391 |
dollars; | 4392 |
(7) For providing, pursuant to division (B) of section | 4393 |
4723.271 of the Revised Code, written verification of a nursing | 4394 |
license, certificate of authority, | 4395 |
dialysis technician certificate, medication aide certificate, or | 4396 |
community health worker certificate to another jurisdiction, | 4397 |
fifteen dollars; | 4398 |
(8) For providing, pursuant to division (A) of section | 4399 |
4723.271 of the Revised Code, a replacement copy of a | 4400 |
4401 | |
4402 | |
4403 | |
that division, twenty-five dollars; | 4404 |
(9) | 4405 |
4406 | |
4407 |
| 4408 |
4409 |
| 4410 |
4411 | |
4412 | |
4413 | |
4414 |
| 4415 |
to practice nursing as a certified registered nurse anesthetist, | 4416 |
clinical nurse specialist, certified nurse-midwife, or certified | 4417 |
nurse practitioner | 4418 |
eighty-five dollars; | 4419 |
| 4420 |
dollars; | 4421 |
| 4422 |
certificate, the amount specified in rules adopted under section | 4423 |
4723.79 of the Revised Code; | 4424 |
| 4425 |
nursing license, certificate of authority, or dialysis technician | 4426 |
certificate, fifty dollars; | 4427 |
| 4428 |
continuing | 4429 |
applicant accredited by a national accreditation system for | 4430 |
nursing, five hundred dollars; | 4431 |
| 4432 |
continuing | 4433 |
applicant not accredited by a national accreditation system for | 4434 |
nursing, one thousand dollars; | 4435 |
| 4436 |
continuing | 4437 |
hundred fifty dollars; | 4438 |
| 4439 |
training program, the amount specified in rules adopted under | 4440 |
section 4723.79 of the Revised Code; | 4441 |
| 4442 |
4443 | |
issued under this chapter, one hundred dollars except as provided | 4444 |
in section 5903.10 of the Revised Code; | 4445 |
| 4446 |
4447 | |
the verification is performed for purposes other than providing | 4448 |
verification to another jurisdiction, five dollars; | 4449 |
| 4450 |
financial institution | 4451 |
| 4452 |
4453 | |
4454 |
| 4455 |
4456 |
| 4457 |
4723.88 of the Revised Code pertaining to the issuance of | 4458 |
certificates to community health workers, including fees for | 4459 |
application for a certificate, | 4460 |
4461 | |
4462 | |
4463 | |
4464 | |
application for renewal of a certificate, reinstatement of a | 4465 |
lapsed certificate, application for approval of a community health | 4466 |
worker training program for community health workers, and biennial | 4467 |
renewal of the approval of a training program for community health | 4468 |
workers. | 4469 |
(B) Each quarter, for purposes of transferring funds under | 4470 |
section 4743.05 of the Revised Code to the nurse education | 4471 |
assistance fund created in section 3333.28 of the Revised Code, | 4472 |
the board of nursing shall certify to the director of budget and | 4473 |
management the number of biennial licenses renewed under this | 4474 |
chapter during the preceding quarter and the amount equal to that | 4475 |
number times five dollars. | 4476 |
(C) The board may charge a participant in a board-sponsored | 4477 |
continuing education activity an amount not exceeding fifteen | 4478 |
dollars for each activity. | 4479 |
(D) The board may contract for services pertaining to the | 4480 |
process of providing written verification of a | 4481 |
4482 | |
4483 | |
performed for purposes other than providing verification to | 4484 |
another jurisdiction. The contract may include provisions | 4485 |
pertaining to the collection of the fee charged for providing the | 4486 |
written verification. As part of these provisions, the board may | 4487 |
permit the contractor to retain a portion of the fees as | 4488 |
compensation, before any amounts are deposited into the state | 4489 |
treasury. | 4490 |
Sec. 4723.09. (A)(1) An application for licensure by | 4491 |
examination to practice as a registered nurse or as a licensed | 4492 |
practical nurse shall be submitted to the board of nursing in the | 4493 |
form prescribed by rules of the board. The application shall | 4494 |
include evidence that the applicant has completed | 4495 |
a nursing education program approved by the board | 4496 |
4497 | |
the Revised Code or by a board | 4498 |
another jurisdiction that is a member of the national council of | 4499 |
state boards of nursing. The application also shall include any | 4500 |
other information required by rules of the board. The application | 4501 |
shall be accompanied by the application fee required by section | 4502 |
4723.08 of the Revised Code. | 4503 |
(2) The board shall grant a license to practice nursing as a | 4504 |
registered nurse or as a licensed practical nurse if all of the | 4505 |
following apply: | 4506 |
(a) For all applicants, the applicant passes the examination | 4507 |
accepted by the board under section 4723.10 of the Revised Code. | 4508 |
(b) For an applicant who entered a prelicensure nursing | 4509 |
education program on or after June 1, 2003, the results of a | 4510 |
criminal records check | 4511 |
4512 | |
4513 | |
4514 | |
4515 | |
4516 | |
4517 | |
4518 | |
4519 | |
conducted in accordance with section 4723.091 of the Revised Code | 4520 |
demonstrate that the applicant is not ineligible for licensure as | 4521 |
specified in section 4723.092 of the Revised Code. | 4522 |
(c) For all applicants, the board determines that the | 4523 |
applicant has not committed any act that is grounds for | 4524 |
disciplinary action under section 3123.47 or 4723.28 of the | 4525 |
Revised Code or determines that an applicant who has committed any | 4526 |
act that is grounds for disciplinary action under either section | 4527 |
has made restitution or has been rehabilitated, or both. | 4528 |
(d) For all applicants, the applicant is not required to | 4529 |
register under Chapter 2950. of the Revised Code or a | 4530 |
substantially similar law of another state, the United States, or | 4531 |
another country. | 4532 |
(3) The board is not required to afford an adjudication to an | 4533 |
individual to whom it has refused to grant a license because of | 4534 |
that individual's failure to pass the examination. | 4535 |
(B)(1) An application for license by endorsement to practice | 4536 |
nursing as a registered nurse or as a licensed practical nurse | 4537 |
shall be submitted to the board in the form prescribed by rules of | 4538 |
the board | 4539 |
4540 | |
include evidence that the applicant holds a current, valid, and | 4541 |
unrestricted license | 4542 |
granted after passing an examination approved by the board of that | 4543 |
jurisdiction that is equivalent to the examination requirements | 4544 |
under this chapter for a license to practice nursing as a | 4545 |
registered nurse or licensed practical nurse | 4546 |
shall include any other information required by rules of the board | 4547 |
4548 | |
application fee required by section 4723.08 of the Revised Code. | 4549 |
(2) The board shall grant a license by endorsement to | 4550 |
practice nursing as a registered nurse or as a licensed practical | 4551 |
nurse if | 4552 |
4553 | |
4554 | |
the following apply: | 4555 |
| 4556 |
applicant | 4557 |
4558 | |
applicant has successfully completed a nursing education | 4559 |
4560 | |
section
| 4561 |
another jurisdiction that is a member of the national council of | 4562 |
state boards of nursing. | 4563 |
| 4564 |
successfully completed, is equivalent to the examination | 4565 |
requirements in effect at that time for applicants who were | 4566 |
licensed by examination in this state. | 4567 |
| 4568 |
sufficient evidence that the applicant completed two contact hours | 4569 |
of continuing education directly related to this chapter or the | 4570 |
rules adopted under it. | 4571 |
(d) For all applicants, the results of a criminal records | 4572 |
check | 4573 |
4574 | |
4575 | |
4576 | |
4577 | |
4578 | |
4579 | |
4580 | |
4581 | |
section 4723.091 of the Revised Code demonstrate that the | 4582 |
applicant is not ineligible for licensure as specified in section | 4583 |
4723.092 of the Revised Code. | 4584 |
| 4585 |
any act that is grounds for disciplinary action under section | 4586 |
3123.47 | 4587 |
determines that an applicant who has committed any act that is | 4588 |
grounds for disciplinary action under | 4589 |
has made restitution or has been rehabilitated, or both. | 4590 |
(f) For all applicants, the applicant is not required to | 4591 |
register under Chapter 2950. of the Revised Code, or a | 4592 |
substantially similar law of another state, the United States, or | 4593 |
another country. | 4594 |
(C) The board may grant a nonrenewable temporary permit to | 4595 |
practice nursing as a registered nurse or as a licensed practical | 4596 |
nurse to an applicant for license by endorsement if the board is | 4597 |
satisfied by the evidence that the applicant holds a current, | 4598 |
4599 | |
jurisdiction. Subject to earlier automatic termination as | 4600 |
described in this paragraph, the temporary permit shall expire at | 4601 |
the earlier of one hundred eighty days after issuance or upon the | 4602 |
issuance of a license by endorsement. The temporary permit shall | 4603 |
terminate automatically if the criminal records check completed by | 4604 |
the bureau of criminal identification and investigation as | 4605 |
described in | 4606 |
the applicant indicates that the applicant | 4607 |
4608 | |
4609 | |
4610 | |
4611 | |
4612 | |
for licensure as specified in section 4723.092 of the Revised | 4613 |
Code. An applicant whose temporary permit is automatically | 4614 |
terminated is permanently prohibited from obtaining a license to | 4615 |
practice nursing in this state as a registered nurse or as a | 4616 |
licensed practical nurse. | 4617 |
| 4618 |
4619 | |
4620 | |
4621 | |
4622 | |
4623 | |
4624 | |
4625 | |
4626 | |
4627 | |
4628 | |
4629 | |
4630 | |
4631 | |
4632 | |
4633 | |
4634 |
| 4635 |
4636 | |
4637 | |
4638 | |
4639 |
| 4640 |
4641 | |
4642 | |
4643 | |
4644 | |
4645 | |
4646 |
| 4647 |
4648 |
Sec. 4723.091. (A) An individual who applies for licensure | 4649 |
under section 4723.09 of the Revised Code; issuance of a | 4650 |
certificate under section 4723.651, 4723.75, 4723.76, or 4723.85 | 4651 |
of the Revised Code; reactivation of a license, under division (D) | 4652 |
of section 4723.24 of the Revised Code, that has been inactive for | 4653 |
at least five years; or reinstatement of a license, under division | 4654 |
(D) of section 4723.24 of the Revised Code, that has been expired | 4655 |
for at least five years shall submit a request to the bureau of | 4656 |
criminal identification and investigation for a criminal records | 4657 |
check of the applicant. The request shall be made in accordance | 4658 |
with section 109.572 of the Revised Code. | 4659 |
(B) An applicant requesting a criminal records check under | 4660 |
division (A) of this section shall also ask the superintendent of | 4661 |
the bureau of criminal identification and investigation to request | 4662 |
that the federal bureau of investigation send to the | 4663 |
superintendent any information the federal bureau of investigation | 4664 |
has with respect to the applicant. | 4665 |
(C) On receipt of all items required for the commencement of | 4666 |
a criminal records check pursuant to division (A) of this section, | 4667 |
the bureau of criminal identification and investigation shall | 4668 |
conduct a criminal records check of the applicant. On the | 4669 |
completion of the criminal records check, the bureau shall send | 4670 |
the results to the board of nursing. | 4671 |
(D) The results of a criminal records check conducted | 4672 |
pursuant to a request made under division (A) of this section, and | 4673 |
any report containing those results, are not public records for | 4674 |
purposes of section 149.43 of the Revised Code and shall not be | 4675 |
made available to any person or for any purpose other than the | 4676 |
following: | 4677 |
(1) The results may be made available to any person for use | 4678 |
in determining under section 4723.09, 4723.651, 4723.75, 4723.76, | 4679 |
or 4723.85 of the Revised Code whether the individual who is the | 4680 |
subject of the check should be granted a license or certificate | 4681 |
under this chapter or whether any temporary permit granted to the | 4682 |
individual under either of the following has terminated | 4683 |
automatically: | 4684 |
(a) Section 4723.09 of the Revised Code; | 4685 |
(b) Section 4723.76 of the Revised Code as that section | 4686 |
existed at any time before the effective date of this section. | 4687 |
(2) The results may be made available to any person for use | 4688 |
in determining under division (D) of section 4723.24 of the | 4689 |
Revised Code whether the individual who is the subject of the | 4690 |
check should have the individual's license or certificate | 4691 |
reactivated or reinstated. | 4692 |
(3) The results may be made available to any person for use | 4693 |
in determining under section 4723.28 of the Revised Code whether | 4694 |
the individual who is the subject of the check should be subject | 4695 |
to disciplinary action in accordance with that section. | 4696 |
(4) The results may be made available to the individual who | 4697 |
is the subject of the check or that individual's representative. | 4698 |
Sec. 4723.092. An individual is ineligible for licensure | 4699 |
under section 4723.09 of the Revised Code or issuance of a | 4700 |
certificate under section 4723.651, 4723.75, 4723.76, or 4723.85 | 4701 |
of the Revised Code if a criminal records check conducted in | 4702 |
accordance with section 4723.091 of the Revised Code indicates | 4703 |
that the individual has been convicted of, pleaded guilty to, or | 4704 |
had a judicial finding of guilt for either of the following: | 4705 |
(A) Violating section 2903.01, 2903.02, 2903.03, 2903.11, | 4706 |
2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 | 4707 |
of the Revised Code; | 4708 |
(B) Violating a law of another state, the United States, or | 4709 |
another country that is substantially similar to a law described | 4710 |
in division (A) of this section. | 4711 |
Sec. 4723.17. The board of nursing shall authorize a licensed | 4712 |
practical nurse to administer medications if the nurse supplies | 4713 |
evidence satisfactory to the board that either of the following is | 4714 |
the case: | 4715 |
(A) The nurse successfully completed, within a practical | 4716 |
nurse prelicensure education program approved by the board or by | 4717 |
another jurisdiction's agency that regulates the practice of | 4718 |
nursing, a course in basic pharmacology. | 4719 |
(B) The nurse successfully completed a postlicensure course | 4720 |
in basic pharmacology that is acceptable to the board. | 4721 |
| 4722 |
authorize a licensed practical nurse to administer to an adult | 4723 |
intravenous therapy | 4724 |
4725 | |
4726 | |
nurse | 4727 |
4728 | |
evidence satisfactory to the board that all of the following
| 4729 |
are the case: | 4730 |
(1) The nurse holds a current, valid license issued under | 4731 |
this chapter to practice nursing as a licensed practical nurse. | 4732 |
(2) The nurse has been authorized under section 4723.18 of | 4733 |
the Revised Code to administer medications. | 4734 |
(3) The nurse | 4735 |
4736 | |
performance of intravenous therapy approved by the board | 4737 |
4738 | |
4739 | |
4740 | |
4741 | |
4742 |
| 4743 |
| 4744 |
4745 | |
4746 |
| 4747 |
4748 | |
4749 | |
Revised Code or by an agency in another jurisdiction that | 4750 |
regulates the practice of nursing and has requirements for | 4751 |
intravenous therapy course approval that are substantially similar | 4752 |
to the requirements in division (B) of section 4723.19 of the | 4753 |
Revised Code, as determined by the board. | 4754 |
| 4755 |
forty hours of training that includes all of the following: | 4756 |
(a) The curriculum established by rules adopted by the board | 4757 |
4758 |
(b) Training in the anatomy and physiology of the | 4759 |
cardiovascular system, signs and symptoms of local and systemic | 4760 |
complications in the administration of fluids and antibiotic | 4761 |
additives, and guidelines for management of these complications; | 4762 |
(c) Any other training or instruction the board considers | 4763 |
appropriate | 4764 |
(d) A testing component that requires the nurse to perform a | 4765 |
successful demonstration of the intravenous procedures, including | 4766 |
all skills needed to perform them safely. | 4767 |
(B) Except as provided in section | 4768 |
Revised Code and subject to the restrictions in division (D) of | 4769 |
this section, a licensed practical nurse may perform intravenous | 4770 |
therapy on an adult patient only if authorized by the board | 4771 |
pursuant to division (A) of this section and only | 4772 |
4773 |
| 4774 |
4775 | |
4776 |
(1) A licensed physician, dentist, optometrist, or podiatrist | 4777 |
who, except as provided in division (C)(2) of this section, is | 4778 |
present and readily available at the facility where the | 4779 |
intravenous therapy procedure is performed; | 4780 |
(2) A registered nurse in accordance with division (C) of | 4781 |
this section. | 4782 |
(C)(1) Except as provided in division (C)(2) of this section | 4783 |
and section | 4784 |
practical nurse authorized by the board to perform intravenous | 4785 |
therapy performs an intravenous therapy procedure at the direction | 4786 |
of a registered nurse, the registered nurse or another registered | 4787 |
nurse shall be readily available at the site where the intravenous | 4788 |
therapy is performed, and before the licensed practical nurse | 4789 |
initiates the intravenous therapy, the registered nurse shall | 4790 |
personally perform an on-site assessment of the | 4791 |
patient who is to receive the intravenous therapy. | 4792 |
(2) When a licensed practical nurse authorized by the board | 4793 |
to perform intravenous therapy performs an intravenous therapy | 4794 |
procedure in a home as defined in section 3721.10 of the Revised | 4795 |
Code, or in an intermediate care facility for the mentally | 4796 |
retarded as defined in section 5111.20 of the Revised Code, at the | 4797 |
direction of a registered nurse or licensed physician, dentist, | 4798 |
optometrist, or podiatrist, a registered nurse shall be on the | 4799 |
premises of the home or facility or accessible by some form of | 4800 |
telecommunication. | 4801 |
(D) No licensed practical nurse shall perform any of the | 4802 |
following intravenous therapy procedures: | 4803 |
(1) Initiating or maintaining any of the following: | 4804 |
(a) Blood or blood components; | 4805 |
(b) Solutions for total parenteral nutrition; | 4806 |
(c) Any cancer therapeutic medication including, but not | 4807 |
limited to, cancer chemotherapy or an anti-neoplastic agent; | 4808 |
(d) Solutions administered through any central venous line or | 4809 |
arterial line or any other line that does not terminate in a | 4810 |
peripheral vein, except that a licensed practical nurse authorized | 4811 |
by the board to perform intravenous therapy may maintain the | 4812 |
solutions specified in division (D)(6)(a) of this section that are | 4813 |
being administered through a central venous line or peripherally | 4814 |
inserted central catheter; | 4815 |
(e) Any investigational or experimental medication. | 4816 |
(2) Initiating intravenous therapy in any vein, except that a | 4817 |
licensed practical nurse authorized by the board to perform | 4818 |
intravenous therapy may initiate intravenous therapy in accordance | 4819 |
with this section in a vein of the hand, forearm, or antecubital | 4820 |
fossa; | 4821 |
(3) Discontinuing a central venous, arterial, or any other | 4822 |
line that does not terminate in a peripheral vein; | 4823 |
(4) Initiating or discontinuing a peripherally inserted | 4824 |
central catheter; | 4825 |
(5) Mixing, preparing, or reconstituting any medication for | 4826 |
intravenous therapy, except that a licensed practical nurse | 4827 |
authorized by the board to perform intravenous therapy may prepare | 4828 |
or reconstitute an antibiotic additive; | 4829 |
(6) Administering medication via the intravenous route, | 4830 |
including all of the following activities: | 4831 |
(a) Adding medication to an intravenous solution or to an | 4832 |
existing infusion, except that a licensed practical nurse | 4833 |
authorized by the board to perform intravenous therapy may do | 4834 |
4835 |
(i) Initiate an intravenous infusion containing one or more | 4836 |
of the following elements: dextrose 5% | 4837 |
ringers | 4838 |
water | 4839 |
(ii) Hang subsequent containers of the intravenous solutions | 4840 |
specified in division (D)(6)(a)(i) of this section that contain | 4841 |
vitamins or electrolytes, if a registered nurse initiated the | 4842 |
infusion of that same intravenous solution | 4843 |
| 4844 |
4845 | |
4846 |
(iii) Initiate or maintain an intravenous | 4847 |
containing an antibiotic additive | 4848 |
| 4849 |
except that a licensed practical nurse authorized by the board to | 4850 |
perform intravenous therapy may inject heparin or normal saline to | 4851 |
flush an intermittent infusion device or heparin lock including, | 4852 |
but not limited to, bolus or push. | 4853 |
(7) | 4854 |
| 4855 |
to, an arterial line or a central venous line, except that a | 4856 |
licensed practical nurse authorized by the board to perform | 4857 |
intravenous therapy may change tubing on an intravenous line that | 4858 |
terminates in a peripheral vein; | 4859 |
| 4860 |
controlled infusion pump. | 4861 |
(E) Notwithstanding | 4862 |
section, at the direction of a physician or a registered nurse, a | 4863 |
licensed practical nurse authorized by the board to perform | 4864 |
intravenous therapy may perform the following activities for the | 4865 |
purpose of performing dialysis: | 4866 |
(1) The routine administration and regulation of saline | 4867 |
solution for the purpose of maintaining an established fluid plan; | 4868 |
(2) The administration of a heparin dose intravenously; | 4869 |
(3) The administration of a heparin dose peripherally via a | 4870 |
fistula needle; | 4871 |
(4) The loading and activation of a constant infusion pump | 4872 |
4873 |
(5) The intermittent injection of a dose of medication | 4874 |
4875 | |
administered via the hemodialysis blood circuit and through the | 4876 |
patient's venous access. | 4877 |
(F) No person shall employ or direct a licensed practical | 4878 |
nurse to perform an intravenous therapy procedure without first | 4879 |
verifying that the licensed practical nurse is authorized by the | 4880 |
board to perform intravenous therapy. | 4881 |
| 4882 |
4883 | |
4884 | |
4885 | |
4886 | |
4887 | |
4888 | |
4889 |
| 4890 |
perform on any person any of the intravenous therapy procedures | 4891 |
specified in division (B) of this section without receiving | 4892 |
authorization to perform intravenous therapy from the board of | 4893 |
nursing under section | 4894 |
of the following apply: | 4895 |
(1) The licensed practical nurse acts at the direction of a | 4896 |
registered nurse or a licensed physician, dentist, optometrist, or | 4897 |
podiatrist and the registered nurse, physician, dentist, | 4898 |
optometrist, or podiatrist is on the premises where the procedure | 4899 |
is to be performed or accessible by some form of | 4900 |
telecommunication. | 4901 |
(2) The licensed practical nurse can demonstrate the | 4902 |
knowledge, skills, and ability to perform the procedure safely. | 4903 |
(B) The intravenous therapy procedures that a licensed | 4904 |
practical nurse may perform pursuant to division (A) of this | 4905 |
section are limited to the following: | 4906 |
(1) Verification of the type of peripheral intravenous | 4907 |
solution being administered; | 4908 |
(2) Examination of a peripheral infusion site and the | 4909 |
extremity for possible infiltration; | 4910 |
(3) Regulation of a peripheral intravenous infusion according | 4911 |
to the prescribed flow rate; | 4912 |
(4) Discontinuation of a peripheral intravenous device at the | 4913 |
appropriate time; | 4914 |
(5) Performance of routine dressing changes at the insertion | 4915 |
site of a peripheral venous or arterial infusion, peripherally | 4916 |
inserted central catheter infusion, or central venous pressure | 4917 |
subclavian infusion. | 4918 |
Sec. 4723.19. (A) A person or government entity seeking | 4919 |
approval to provide a course of study in the safe performance of | 4920 |
intravenous therapy shall apply to the board of nursing in a | 4921 |
manner specified by the board. | 4922 |
(B) The board shall approve the applicant to provide a course | 4923 |
of study in the safe performance of intravenous therapy if the | 4924 |
content of the course of study to be provided includes all of the | 4925 |
following: | 4926 |
(1) Didactic and clinical components; | 4927 |
(2) Curriculum requirements established in rules the board | 4928 |
shall adopt in accordance with Chapter 119. of the Revised Code; | 4929 |
(3) Standards that require the nurse to perform a successful | 4930 |
demonstration of the intravenous procedures, including all skills | 4931 |
needed to perform them safely. | 4932 |
Sec. 4723.24. (A) | 4933 |
chapter, all active licenses and certificates issued under this | 4934 |
chapter shall be renewed biennially according to a schedule | 4935 |
established by the board of nursing. The board shall provide an | 4936 |
application for renewal to every holder of an active license or | 4937 |
certificate, except when the board is aware that an individual is | 4938 |
ineligible for license or certificate renewal for any reason, | 4939 |
including pending criminal charges in this state or another | 4940 |
jurisdiction, failure to comply with a disciplinary order from the | 4941 |
board or the terms of a consent agreement entered into with the | 4942 |
board, failure to pay fines or fees owed to the board, or failure | 4943 |
to provide on the board's request documentation of having | 4944 |
completed the continuing nursing education requirements specified | 4945 |
in division (C) of this section. | 4946 |
If the board provides a renewal application by mail, the | 4947 |
application shall be addressed to the last known post-office | 4948 |
address of the license or certificate holder and mailed before the | 4949 |
date specified in the board's schedule. Failure of the license or | 4950 |
certificate holder to receive an application for renewal from the | 4951 |
board shall not excuse the holder from the requirements contained | 4952 |
in this section, except as provided in section 5903.10 of the | 4953 |
Revised Code. | 4954 |
The license or certificate holder shall complete the renewal | 4955 |
form and return it to the | 4956 |
renewal fee required by section 4723.08 of the Revised Code on or | 4957 |
before the date specified by the board. The license or certificate | 4958 |
holder shall report any conviction, plea, or judicial finding | 4959 |
regarding a criminal offense that constitutes grounds for the | 4960 |
board to impose sanctions under section 4723.28 of the Revised | 4961 |
Code since the holder last submitted an application to the board. | 4962 |
| 4963 |
4964 | |
the board shall verify | 4965 |
renewal requirements | 4966 |
the board shall renew the license or certificate for the following | 4967 |
two-year period. | 4968 |
If a renewal application that meets the renewal requirements | 4969 |
is submitted after the date specified in the board's schedule, but | 4970 |
before expiration of the license or certificate, the board shall | 4971 |
grant a renewal upon payment of the late renewal fee authorized | 4972 |
under section 4723.08 of the Revised Code. | 4973 |
(B) Every license or certificate holder shall give written | 4974 |
notice to the board of any change of name or address within thirty | 4975 |
days of the change. The board shall require the holder to document | 4976 |
a change of name in a manner acceptable to the board. | 4977 |
(C)(1) Except in the case of a first renewal after licensure | 4978 |
by examination, to be eligible for renewal of an active license to | 4979 |
practice nursing as a registered nurse or licensed practical | 4980 |
nurse, each individual who holds an active license shall, in each | 4981 |
two-year period specified by the board, complete continuing | 4982 |
nursing education as follows: | 4983 |
(a) For renewal of a license that was issued for a two-year | 4984 |
renewal period, twenty-four hours of continuing nursing education; | 4985 |
(b) For renewal of a license that was issued for less than a | 4986 |
two-year renewal period, the number of hours of continuing nursing | 4987 |
education specified by the board in rules adopted in accordance | 4988 |
with Chapter 119. of the Revised Code; | 4989 |
(c) Of the hours of continuing nursing education completed in | 4990 |
any renewal period, at least one hour of the education must be | 4991 |
directly related to the statutes and rules pertaining to the | 4992 |
practice of nursing in this state. | 4993 |
(2) The board shall adopt rules establishing the procedure | 4994 |
for a license holder to certify to the board completion of the | 4995 |
required continuing nursing education. The board may conduct a | 4996 |
random sample of license holders and require that the license | 4997 |
holders included in the sample submit satisfactory documentation | 4998 |
of having completed the requirements for continuing nursing | 4999 |
education. On the board's request, a license holder included in | 5000 |
the sample shall submit the required documentation. | 5001 |
(3) An educational activity may be applied toward meeting the | 5002 |
continuing nursing education requirement only if it is obtained | 5003 |
through a program or course approved by the board or a person the | 5004 |
board has authorized to approve continuing nursing education | 5005 |
programs and courses. | 5006 |
(4) The continuing education required of a certified | 5007 |
registered nurse anesthetist, clinical nurse specialist, certified | 5008 |
nurse-midwife, or certified nurse practitioner to | 5009 |
maintain certification by a national certifying organization shall | 5010 |
be applied toward the continuing education requirements for | 5011 |
renewal of a license to practice nursing as a registered nurse | 5012 |
only if it is obtained through a program or course approved by the | 5013 |
board or a person the board has authorized to approve continuing | 5014 |
nursing education programs and courses. | 5015 |
(D) Except as otherwise provided in section 4723.28 of the | 5016 |
Revised Code, | 5017 |
to practice nursing as a registered nurse or licensed practical | 5018 |
nurse and who does not intend to practice in Ohio may send to the | 5019 |
board written notice to that effect on or before the renewal date, | 5020 |
and the board shall classify the license as inactive. During the | 5021 |
period that the license is classified as inactive, the holder may | 5022 |
not engage in the practice of nursing in Ohio and is not required | 5023 |
to pay the renewal fee. | 5024 |
The holder of an inactive license or an individual who has | 5025 |
failed to renew the individual's license may have the license | 5026 |
5027 | |
the following, as applicable to the holder or individual: | 5028 |
(1) Applying to the board for license reactivation or | 5029 |
reinstatement on forms provided by the board; | 5030 |
(2) Meeting the requirements for | 5031 |
reactivating or reinstating licenses established in rules adopted | 5032 |
under section 4723.07 of the Revised Code or, if the individual | 5033 |
did not renew because of service in the armed forces of the United | 5034 |
States, as provided in section 5903.10 of the Revised Code; | 5035 |
(3) If the license has been inactive for at least five years | 5036 |
from the date of application for reactivation or has lapsed for at | 5037 |
least five years from the date of application for reinstatement, | 5038 |
submitting a request to the bureau of criminal identification and | 5039 |
investigation for a criminal records check and check of federal | 5040 |
bureau of investigation records pursuant to section 4723.091 of | 5041 |
the Revised Code. | 5042 |
Sec. 4723.271. | 5043 |
nursing license, certificate of authority, dialysis technician | 5044 |
certificate, medication aide certificate, or community health | 5045 |
worker certificate issued under this chapter, the presentment of | 5046 |
proper identification as prescribed in rules adopted by the board | 5047 |
of nursing, and payment of the fee authorized under section | 5048 |
4723.08 of the Revised Code, the board of nursing shall provide to | 5049 |
the requestor a replacement copy of a
| 5050 |
5051 | |
5052 | |
5053 | |
5054 | |
5055 |
(B) Upon request of the holder of a nursing license, | 5056 |
certificate of authority, certificate to prescribe, dialysis | 5057 |
technician certificate, medication aide certificate, or community | 5058 |
health worker certificate issued under this chapter and payment of | 5059 |
the fee authorized under section 4723.08 of the Revised Code, the | 5060 |
board shall verify to an agency of another jurisdiction or foreign | 5061 |
country the fact that the person holds such nursing license, | 5062 |
certificate of authority, certificate to prescribe, dialysis | 5063 |
technician certificate, medication aide certificate, or community | 5064 |
health worker certificate. | 5065 |
Sec. 4723.28. (A) The board of nursing, by a vote of a | 5066 |
quorum, may | 5067 |
5068 | |
5069 | |
following sanctions if it finds that a person committed fraud in | 5070 |
passing an examination required to obtain | 5071 |
certificate of authority, or dialysis technician certificate | 5072 |
issued by the board or to have committed fraud, misrepresentation, | 5073 |
or deception in applying for or securing any nursing license, | 5074 |
certificate of authority, or dialysis technician certificate | 5075 |
issued by the board: deny, revoke, suspend, or place restrictions | 5076 |
on any nursing license, certificate of authority, or dialysis | 5077 |
technician certificate issued by the board; reprimand or otherwise | 5078 |
discipline a holder of a nursing license, certificate of | 5079 |
authority, or dialysis technician certificate; or impose a fine of | 5080 |
not more than five hundred dollars per violation. | 5081 |
(B) | 5082 |
nursing, by a vote of a quorum, may impose one or more of the | 5083 |
following sanctions: deny, revoke, suspend, or place restrictions | 5084 |
on any nursing license, certificate of authority, or dialysis | 5085 |
technician certificate issued by the board; reprimand or otherwise | 5086 |
discipline a holder of a nursing license, certificate of | 5087 |
authority, or dialysis technician certificate; or impose a fine of | 5088 |
not more than five hundred dollars per violation. The sanctions | 5089 |
may be imposed for any of the following: | 5090 |
(1) Denial, revocation, suspension, or restriction of | 5091 |
authority to engage in a licensed profession or practice a health | 5092 |
care occupation, including nursing or practice as a dialysis | 5093 |
technician, for any reason other than a failure to renew, in Ohio | 5094 |
or another state or jurisdiction; | 5095 |
(2) Engaging in the practice of nursing or engaging in | 5096 |
practice as a dialysis technician, having failed to renew a | 5097 |
nursing license or dialysis technician certificate issued under | 5098 |
this chapter, or while a nursing license or dialysis technician | 5099 |
certificate is under suspension; | 5100 |
(3) Conviction of, a plea of guilty to, a judicial finding of | 5101 |
guilt of, a judicial finding of guilt resulting from a plea of no | 5102 |
contest to, or a judicial finding of eligibility for a pretrial | 5103 |
diversion or similar program or for intervention in lieu of | 5104 |
conviction for, a misdemeanor committed in the course of practice; | 5105 |
(4) Conviction of, a plea of guilty to, a judicial finding of | 5106 |
guilt of, a judicial finding of guilt resulting from a plea of no | 5107 |
contest to, or a judicial finding of eligibility for a pretrial | 5108 |
diversion or similar program or for intervention in lieu of | 5109 |
conviction for, any felony or of any crime involving gross | 5110 |
immorality or moral turpitude; | 5111 |
(5) Selling, giving away, or administering drugs or | 5112 |
therapeutic devices for other than legal and legitimate | 5113 |
therapeutic purposes; or conviction of, a plea of guilty to, a | 5114 |
judicial finding of guilt of, a judicial finding of guilt | 5115 |
resulting from a plea of no contest to, or a judicial finding of | 5116 |
eligibility for a pretrial diversion or similar program or for | 5117 |
intervention in lieu of conviction for, violating any municipal, | 5118 |
state, county, or federal drug law; | 5119 |
(6) Conviction of, a plea of guilty to, a judicial finding of | 5120 |
guilt of, a judicial finding of guilt resulting from a plea of no | 5121 |
contest to, or a judicial finding of eligibility for a pretrial | 5122 |
diversion or similar program or for intervention in lieu of | 5123 |
conviction for, an act in another jurisdiction that would | 5124 |
constitute a felony or a crime of moral turpitude in Ohio; | 5125 |
(7) Conviction of, a plea of guilty to, a judicial finding of | 5126 |
guilt of, a judicial finding of guilt resulting from a plea of no | 5127 |
contest to, or a judicial finding of eligibility for a pretrial | 5128 |
diversion or similar program or for intervention in lieu of | 5129 |
conviction for, an act in the course of practice in another | 5130 |
jurisdiction that would constitute a misdemeanor in Ohio; | 5131 |
(8) Self-administering or otherwise taking into the body any | 5132 |
dangerous drug, as defined in section 4729.01 of the Revised Code, | 5133 |
in any way that is not in accordance with a legal, valid | 5134 |
prescription issued for that individual, or self-administering or | 5135 |
otherwise taking into the body any drug that is a schedule I | 5136 |
controlled substance; | 5137 |
(9) Habitual | 5138 |
substances, other habit-forming drugs, or alcohol or other | 5139 |
chemical substances to an extent that impairs | 5140 |
the individual's ability to provide safe nursing care or safe | 5141 |
dialysis care; | 5142 |
(10) Impairment of the ability to practice according to | 5143 |
acceptable and prevailing standards of safe nursing care or safe | 5144 |
dialysis care because of | 5145 |
alcohol, or other chemical substances | 5146 |
5147 |
(11) Impairment of the ability to practice according to | 5148 |
acceptable and prevailing standards of safe nursing care or safe | 5149 |
dialysis care because of a physical or mental disability; | 5150 |
(12) Assaulting or causing harm to a patient or depriving a | 5151 |
patient of the means to summon assistance; | 5152 |
(13) | 5153 |
attempted misappropriation of money or anything of value | 5154 |
5155 | |
of practice; | 5156 |
(14) Adjudication by a probate court of being mentally ill or | 5157 |
mentally incompetent. The board may | 5158 |
nursing license or dialysis technician certificate upon | 5159 |
adjudication by a probate court of the person's restoration to | 5160 |
competency or upon submission to the board of other proof of | 5161 |
competency. | 5162 |
(15) The suspension or termination of employment by the | 5163 |
department of defense or the veterans administration of the United | 5164 |
States for any act that violates or would violate this chapter; | 5165 |
(16) Violation of this chapter or any rules adopted under it; | 5166 |
(17) Violation of any restrictions placed by the board on a | 5167 |
nursing license or dialysis technician certificate | 5168 |
(18) Failure to use universal | 5169 |
precautions established by rules adopted under section 4723.07 of | 5170 |
the Revised Code; | 5171 |
(19) Failure to practice in accordance with acceptable and | 5172 |
prevailing standards of safe nursing care or safe dialysis care; | 5173 |
(20) In the case of a registered nurse, engaging in | 5174 |
activities that exceed the practice of nursing as a registered | 5175 |
nurse; | 5176 |
(21) In the case of a licensed practical nurse, engaging in | 5177 |
activities that exceed the practice of nursing as a licensed | 5178 |
practical nurse; | 5179 |
(22) In the case of a dialysis technician, engaging in | 5180 |
activities that exceed those permitted under section 4723.72 of | 5181 |
the Revised Code; | 5182 |
(23) Aiding and abetting a person in that person's practice | 5183 |
of nursing without a license or practice as a dialysis technician | 5184 |
without a certificate issued under this chapter; | 5185 |
(24) In the case of a certified registered nurse anesthetist, | 5186 |
clinical nurse specialist, certified nurse-midwife, or certified | 5187 |
nurse practitioner, except as provided in division (M) of this | 5188 |
section, either of the following: | 5189 |
(a) Waiving the payment of all or any part of a deductible or | 5190 |
copayment that a patient, pursuant to a health insurance or health | 5191 |
care policy, contract, or plan that covers such nursing services, | 5192 |
would otherwise be required to pay if the waiver is used as an | 5193 |
enticement to a patient or group of patients to receive health | 5194 |
care services from that provider; | 5195 |
(b) Advertising that the nurse will waive the payment of all | 5196 |
or any part of a deductible or copayment that a patient, pursuant | 5197 |
to a health insurance or health care policy, contract, or plan | 5198 |
that covers such nursing services, would otherwise be required to | 5199 |
pay. | 5200 |
(25) Failure to comply with the terms and conditions of | 5201 |
participation in the chemical dependency monitoring program | 5202 |
established under section 4723.35 of the Revised Code; | 5203 |
(26) Failure to comply with the terms and conditions required | 5204 |
under the practice intervention and improvement program | 5205 |
established under section 4723.282 of the Revised Code; | 5206 |
(27) In the case of a certified registered nurse anesthetist, | 5207 |
clinical nurse specialist, certified nurse-midwife, or certified | 5208 |
nurse practitioner: | 5209 |
(a) Engaging in activities that exceed those permitted for | 5210 |
the nurse's nursing specialty under section 4723.43 of the Revised | 5211 |
Code; | 5212 |
(b) Failure to meet the quality assurance standards | 5213 |
established under section 4723.07 of the Revised Code. | 5214 |
(28) In the case of a clinical nurse specialist, certified | 5215 |
nurse-midwife, or certified nurse practitioner, failure to | 5216 |
maintain a standard care arrangement in accordance with section | 5217 |
4723.431 of the Revised Code or to practice in accordance with the | 5218 |
standard care arrangement; | 5219 |
(29) In the case of a clinical nurse specialist, certified | 5220 |
nurse-midwife, or certified nurse practitioner who holds a | 5221 |
certificate to prescribe issued under section 4723.48 of the | 5222 |
Revised Code, failure to prescribe drugs and therapeutic devices | 5223 |
in accordance with section 4723.481 of the Revised Code; | 5224 |
(30) Prescribing any drug or device to perform or induce an | 5225 |
abortion, or otherwise performing or inducing an abortion; | 5226 |
(31) Failure to establish and maintain professional | 5227 |
boundaries with a patient, as specified in rules adopted under | 5228 |
section 4723.07 of the Revised Code; | 5229 |
(32) Regardless of whether the contact or verbal behavior is | 5230 |
consensual, engaging with a patient other than the spouse of the | 5231 |
registered nurse, licensed practical nurse, or dialysis technician | 5232 |
in any of the following: | 5233 |
(a) Sexual contact, as defined in section 2907.01 of the | 5234 |
Revised Code; | 5235 |
(b) Verbal behavior that is sexually demeaning to the patient | 5236 |
or may be reasonably interpreted by the patient as sexually | 5237 |
demeaning. | 5238 |
(33) Assisting suicide as defined in section 3795.01 of the | 5239 |
Revised Code. | 5240 |
(C) Disciplinary actions taken by the board under divisions | 5241 |
(A) and (B) of this section shall be taken pursuant to an | 5242 |
adjudication conducted under Chapter 119. of the Revised Code, | 5243 |
except that in lieu of a hearing, the board may enter into a | 5244 |
consent agreement with an individual to resolve an allegation of a | 5245 |
violation of this chapter or any rule adopted under it. A consent | 5246 |
agreement, when ratified by a vote of a quorum, shall constitute | 5247 |
the findings and order of the board with respect to the matter | 5248 |
addressed in the agreement. If the board refuses to ratify a | 5249 |
consent agreement, the admissions and findings contained in the | 5250 |
agreement shall be of no effect. | 5251 |
(D) The hearings of the board shall be conducted in | 5252 |
accordance with Chapter 119. of the Revised Code, the board may | 5253 |
appoint a hearing examiner, as provided in section 119.09 of the | 5254 |
Revised Code, to conduct any hearing the board is authorized to | 5255 |
hold under Chapter 119. of the Revised Code. | 5256 |
In any instance in which the board is required under Chapter | 5257 |
119. of the Revised Code to give notice of an opportunity for a | 5258 |
hearing and the applicant, licensee, or | 5259 |
does not make a timely request for a hearing in accordance with | 5260 |
section 119.07 of the Revised Code, the board is not required to | 5261 |
hold a hearing, but may adopt, by a vote of a quorum, a final | 5262 |
order that contains the board's findings. In the final order, the | 5263 |
board may order any of the sanctions listed in division (A) or (B) | 5264 |
of this section. | 5265 |
(E) If a criminal action is brought against a registered | 5266 |
nurse, licensed practical nurse, or dialysis technician for an act | 5267 |
or crime described in divisions (B)(3) to (7) of this section and | 5268 |
the action is dismissed by the trial court other than on the | 5269 |
merits, the board shall conduct an adjudication to determine | 5270 |
whether the registered nurse, licensed practical nurse, or | 5271 |
dialysis technician committed the act on which the action was | 5272 |
based. If the board determines on the basis of the adjudication | 5273 |
that the registered nurse, licensed practical nurse, or dialysis | 5274 |
technician committed the act, or if the registered nurse, licensed | 5275 |
practical nurse, or dialysis technician fails to participate in | 5276 |
the adjudication, the board may take action as though the | 5277 |
registered nurse, licensed practical nurse, or dialysis technician | 5278 |
had been convicted of the act. | 5279 |
If the board takes action on the basis of a conviction, plea, | 5280 |
or a judicial finding as described in divisions (B)(3) to (7) of | 5281 |
this section that is overturned on appeal, the registered nurse, | 5282 |
licensed practical nurse, or dialysis technician may, on | 5283 |
exhaustion of the appeal process, petition the board for | 5284 |
reconsideration of its action. On receipt of the petition and | 5285 |
supporting court documents, the board shall temporarily rescind | 5286 |
its action. If the board determines that the decision on appeal | 5287 |
was a decision on the merits, it shall permanently rescind its | 5288 |
action. If the board determines that the decision on appeal was | 5289 |
not a decision on the merits, it shall conduct an adjudication to | 5290 |
determine whether the registered nurse, licensed practical nurse, | 5291 |
or dialysis technician committed the act on which the original | 5292 |
conviction, plea, or judicial finding was based. If the board | 5293 |
determines on the basis of the adjudication that the registered | 5294 |
nurse, licensed practical nurse, or dialysis technician committed | 5295 |
such act, or if the registered nurse, licensed practical nurse, or | 5296 |
dialysis technician does not request an adjudication, the board | 5297 |
shall reinstate its action; otherwise, the board shall permanently | 5298 |
rescind its action. | 5299 |
Notwithstanding the provision of division (C)(2) of section | 5300 |
2953.32 of the Revised Code specifying that if records pertaining | 5301 |
to a criminal case are sealed under that section the proceedings | 5302 |
in the case shall be deemed not to have occurred, sealing of the | 5303 |
following records | 5304 |
action under this section shall have no effect on the board's | 5305 |
action or any sanction imposed by the board under this section: | 5306 |
records of any conviction, guilty plea, judicial finding of guilt | 5307 |
resulting from a plea of no contest, or a judicial finding of | 5308 |
eligibility for a pretrial diversion program or intervention in | 5309 |
lieu of conviction. | 5310 |
The board shall not be required to seal, destroy, redact, or | 5311 |
otherwise modify its records to reflect the court's sealing of | 5312 |
conviction records. | 5313 |
(F) The board may investigate an individual's criminal | 5314 |
background in performing its duties under this section. As part of | 5315 |
such investigation, the board may order the individual to submit, | 5316 |
at the individual's expense, a request to the bureau of criminal | 5317 |
identification and investigation for a criminal records check and | 5318 |
check of federal bureau of investigation records in accordance | 5319 |
with the procedure described in section 4723.091 of the Revised | 5320 |
Code. | 5321 |
(G) During the course of an investigation conducted under | 5322 |
this section, the board may compel any registered nurse, licensed | 5323 |
practical nurse, or dialysis technician or applicant under this | 5324 |
chapter to submit to a mental or physical examination, or both, as | 5325 |
required by the board and at the expense of the individual, if the | 5326 |
board finds reason to believe that the individual under | 5327 |
investigation may have a physical or mental impairment that may | 5328 |
affect the individual's ability to provide safe nursing care. | 5329 |
Failure of any individual to submit to a mental or physical | 5330 |
examination when directed constitutes an admission of the | 5331 |
allegations, unless the failure is due to circumstances beyond the | 5332 |
individual's control, and a default and final order may be entered | 5333 |
without the taking of testimony or presentation of evidence. | 5334 |
If the board finds that an individual is impaired, the board | 5335 |
shall require the individual to submit to care, counseling, or | 5336 |
treatment approved or designated by the board, as a condition for | 5337 |
initial, continued, reinstated, or renewed authority to practice. | 5338 |
The individual shall be afforded an opportunity to demonstrate to | 5339 |
the board that the individual can begin or resume the individual's | 5340 |
occupation in compliance with acceptable and prevailing standards | 5341 |
of care under the provisions of the individual's authority to | 5342 |
practice. | 5343 |
For purposes of this division, any registered nurse, licensed | 5344 |
practical nurse, or dialysis technician or applicant under this | 5345 |
chapter shall be deemed to have given consent to submit to a | 5346 |
mental or physical examination when directed to do so in writing | 5347 |
by the board, and to have waived all objections to the | 5348 |
admissibility of testimony or examination reports that constitute | 5349 |
a privileged communication. | 5350 |
(H) The board shall investigate evidence that appears to show | 5351 |
that any person has violated any provision of this chapter or any | 5352 |
rule of the board. Any person may report to the board any | 5353 |
information the person may have that appears to show a violation | 5354 |
of any provision of this chapter or rule of the board. In the | 5355 |
absence of bad faith, any person who reports such information or | 5356 |
who testifies before the board in any adjudication conducted under | 5357 |
Chapter 119. of the Revised Code shall not be liable for civil | 5358 |
damages as a result of the report or testimony. | 5359 |
(I) All of the following apply under this chapter with | 5360 |
respect to the confidentiality of information: | 5361 |
(1) Information received by the board pursuant to a complaint | 5362 |
or an investigation is confidential and not subject to discovery | 5363 |
in any civil action, except that the board may disclose | 5364 |
information to law enforcement officers and government entities | 5365 |
5366 | |
licensed health care professional, including a registered nurse, | 5367 |
licensed practical nurse, or dialysis technician, or a person who | 5368 |
may have engaged in the unauthorized practice of nursing or | 5369 |
dialysis care. No law enforcement officer or government entity | 5370 |
with knowledge of any information disclosed by the board pursuant | 5371 |
to this division shall divulge the information to any other person | 5372 |
or government entity except for the purpose of a government | 5373 |
investigation, a prosecution, or an adjudication by a court or | 5374 |
government entity. | 5375 |
(2) If an investigation requires a review of patient records, | 5376 |
the investigation and proceeding shall be conducted in such a | 5377 |
manner as to protect patient confidentiality. | 5378 |
(3) All adjudications and investigations of the board shall | 5379 |
be considered civil actions for the purposes of section 2305.252 | 5380 |
of the Revised Code. | 5381 |
(4) Any board activity that involves continued monitoring of | 5382 |
an individual as part of or following any disciplinary action | 5383 |
taken under this section shall be conducted in a manner that | 5384 |
maintains the individual's confidentiality. Information received | 5385 |
or maintained by the board with respect to the board's monitoring | 5386 |
activities is | 5387 |
civil action and is confidential, except that the board may | 5388 |
disclose information to law enforcement officers and government | 5389 |
entities for purposes of an investigation of a licensee or | 5390 |
certificate holder. | 5391 |
(J) Any action taken by the board under this section | 5392 |
resulting in a suspension from practice shall be accompanied by a | 5393 |
written statement of the conditions under which the person may be | 5394 |
reinstated to practice. | 5395 |
(K) When the board refuses to grant a license or certificate | 5396 |
to an applicant, revokes a license or certificate, or refuses to | 5397 |
reinstate a license or certificate, the board may specify that its | 5398 |
action is permanent. An individual subject to permanent action | 5399 |
taken by the board is forever ineligible to hold a license or | 5400 |
certificate of the type that was refused or revoked and the board | 5401 |
shall not accept from the individual an application for | 5402 |
reinstatement of the license or certificate or for a new license | 5403 |
or certificate. | 5404 |
(L) No unilateral surrender of a nursing license, certificate | 5405 |
of authority, or dialysis technician certificate issued under this | 5406 |
chapter shall be effective unless accepted by majority vote of the | 5407 |
board. No application for a nursing license, certificate of | 5408 |
authority, or dialysis technician certificate issued under this | 5409 |
chapter may be withdrawn without a majority vote of the board. The | 5410 |
board's jurisdiction to take disciplinary action under this | 5411 |
section is not removed or limited when an individual has a license | 5412 |
or certificate classified as inactive or fails to renew a license | 5413 |
or certificate. | 5414 |
(M) Sanctions shall not be imposed under division (B)(24) of | 5415 |
this section against any licensee who waives deductibles and | 5416 |
copayments as follows: | 5417 |
(1) In compliance with the health benefit plan that expressly | 5418 |
allows such a practice. Waiver of the deductibles or copayments | 5419 |
shall be made only with the full knowledge and consent of the plan | 5420 |
purchaser, payer, and third-party administrator. Documentation of | 5421 |
the consent shall be made available to the board upon request. | 5422 |
(2) For professional services rendered to any other person | 5423 |
licensed pursuant to this chapter to the extent allowed by this | 5424 |
chapter and the rules of the board. | 5425 |
| 5426 |
5427 | |
5428 | |
5429 | |
5430 | |
5431 | |
5432 | |
5433 | |
5434 | |
5435 | |
5436 |
| 5437 |
5438 | |
5439 | |
5440 | |
5441 | |
5442 | |
5443 | |
5444 | |
5445 | |
5446 | |
5447 | |
5448 | |
5449 | |
5450 |
| 5451 |
5452 | |
5453 | |
5454 | |
5455 | |
5456 | |
5457 |
| 5458 |
5459 | |
5460 | |
5461 | |
5462 | |
5463 | |
5464 | |
5465 | |
5466 | |
5467 |
Sec. 4723.32. This chapter does not prohibit any of the | 5468 |
following: | 5469 |
(A) The practice of nursing by a student currently enrolled | 5470 |
in and actively pursuing completion of a prelicensure nursing | 5471 |
education program, if all of the following are the case: | 5472 |
(1) The student is participating in a program located in this | 5473 |
state and approved by the board of nursing or participating in | 5474 |
this state in a component of a program located in another | 5475 |
jurisdiction and approved by a board that is a member of the | 5476 |
national council of state boards of nursing; | 5477 |
(2) The student's practice is under the auspices of the | 5478 |
program; | 5479 |
(3) The student acts under the supervision of a registered | 5480 |
nurse serving for the program as a faculty member or teaching | 5481 |
assistant. | 5482 |
(B) The rendering of medical assistance to a licensed | 5483 |
physician, licensed dentist, or licensed podiatrist by a person | 5484 |
under the direction, supervision, and control of such licensed | 5485 |
physician, dentist, or podiatrist; | 5486 |
(C) The activities of persons employed as nursing aides, | 5487 |
attendants, orderlies, or other auxiliary workers in patient | 5488 |
homes, nurseries, nursing homes, hospitals, home health agencies, | 5489 |
or other similar institutions; | 5490 |
(D) The provision of nursing services to family members or in | 5491 |
emergency situations; | 5492 |
(E) The care of the sick when done in connection with the | 5493 |
practice of religious tenets of any church and by or for its | 5494 |
members; | 5495 |
(F) The practice of nursing as a certified registered nurse | 5496 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 5497 |
or certified nurse practitioner by a student currently enrolled in | 5498 |
and actively pursuing completion of a program of study leading to | 5499 |
initial authorization by the board of nursing to practice nursing | 5500 |
in the specialty, if all of the following are the case: | 5501 |
(1) The program qualifies the student to sit for the | 5502 |
examination of a national certifying organization | 5503 |
5504 | |
by the board under section 4723.46 of the Revised Code or the | 5505 |
program prepares the student to receive a master's degree in | 5506 |
accordance with division (A)(2) of section 4723.41 of the Revised | 5507 |
Code; | 5508 |
(2) The student's practice is under the auspices of the | 5509 |
program; | 5510 |
(3) The student acts under the supervision of a registered | 5511 |
nurse serving for the program as a faculty member, teaching | 5512 |
assistant, or preceptor. | 5513 |
(G) The activities of an individual who currently holds a | 5514 |
license to practice nursing in another jurisdiction, if the | 5515 |
individual's license has not been revoked, the individual is not | 5516 |
currently under suspension or on probation, the individual does | 5517 |
not represent the individual as being licensed under this chapter, | 5518 |
and one of the following is the case: | 5519 |
(1) The individual is engaging in the practice of nursing by | 5520 |
discharging official duties while employed by or under contract | 5521 |
with the United States government or any agency thereof; | 5522 |
(2) The individual is engaging in the practice of nursing as | 5523 |
an employee of an individual, agency, or corporation located in | 5524 |
the other jurisdiction in a position with employment | 5525 |
responsibilities that include transporting patients into, out of, | 5526 |
or through this state, as long as each trip in this state does not | 5527 |
exceed seventy-two hours; | 5528 |
(3) The individual is consulting with an individual licensed | 5529 |
in this state to practice any health-related profession; | 5530 |
(4) The individual is engaging in activities associated with | 5531 |
teaching in this state as a guest lecturer at or for a nursing | 5532 |
education program, continuing nursing education program, or | 5533 |
in-service presentation; | 5534 |
(5) The individual is conducting evaluations of nursing care | 5535 |
that are undertaken on behalf of an accrediting organization, | 5536 |
including the national league for nursing accrediting committee, | 5537 |
the joint commission on accreditation of healthcare organizations, | 5538 |
or any other nationally recognized accrediting organization; | 5539 |
(6) The individual is providing nursing care to an individual | 5540 |
who is in this state on a temporary basis, not to exceed six | 5541 |
months in any one calendar year, if the nurse is directly employed | 5542 |
by or under contract with the individual or a guardian or other | 5543 |
person acting on the individual's behalf; | 5544 |
(7) The individual is providing nursing care during any | 5545 |
disaster, natural or otherwise, that has been officially declared | 5546 |
to be a disaster by a public announcement issued by an appropriate | 5547 |
federal, state, county, or municipal official. | 5548 |
(H) The administration of medication by an individual who | 5549 |
holds a valid medication aide certificate issued under this | 5550 |
chapter, if the medication is administered to a resident of a | 5551 |
nursing home or residential care facility authorized by section | 5552 |
5553 | |
medication aide and the medication is administered in accordance | 5554 |
with section 4723.67 of the Revised Code. | 5555 |
Sec. 4723.34. (A) | 5556 |
5557 |
| 5558 |
employs, or contracts directly or through another person or | 5559 |
governmental entity for the provision of services by, registered | 5560 |
nurses, licensed practical nurses, | 5561 |
medication aides, or certified community health workers and that | 5562 |
knows or has reason to believe that a current or former employee | 5563 |
or person providing services under a contract who holds a license | 5564 |
or certificate issued under this chapter engaged in conduct that | 5565 |
would be grounds for disciplinary action by the board of nursing | 5566 |
under this chapter or rules adopted under it shall report to the | 5567 |
board of nursing the name of | 5568 |
5569 | |
5570 | |
5571 | |
5572 | |
The report shall be made on the person's or governmental entity's | 5573 |
behalf by an individual licensed by the board who the person or | 5574 |
governmental entity has designated to make such reports. | 5575 |
| 5576 |
5577 | |
5578 | |
5579 | |
5580 | |
5581 |
| 5582 |
5583 | |
5584 | |
5585 | |
5586 |
| 5587 |
5588 | |
5589 | |
5590 | |
5591 | |
5592 | |
5593 | |
5594 | |
5595 | |
5596 | |
5597 |
| 5598 |
5599 | |
5600 | |
5601 | |
5602 | |
5603 | |
5604 | |
5605 | |
5606 | |
5607 |
| 5608 |
5609 | |
5610 | |
5611 | |
5612 | |
5613 | |
5614 | |
5615 | |
5616 |
| 5617 |
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a case | 5618 |
where the trial court issued an order of dismissal upon technical | 5619 |
or procedural grounds of a charge of a misdemeanor committed in | 5620 |
the course of practice, a felony charge, or a charge of gross | 5621 |
immorality or moral turpitude, who knows or has reason to believe | 5622 |
that the person charged is licensed under this chapter to practice | 5623 |
nursing as a registered nurse or as a licensed practical nurse or | 5624 |
holds a certificate issued under this chapter to practice as a | 5625 |
dialysis technician | 5626 |
nursing of the charge. With regard to certified community health | 5627 |
workers and medication aides, | 5628 |
involving a charge of a misdemeanor committed in the course of | 5629 |
employment, a felony charge, or a charge of gross immorality or | 5630 |
moral turpitude, including a case dismissed on technical or | 5631 |
procedural grounds, who knows or has reason to believe that the | 5632 |
person charged holds a community health worker or medication aide | 5633 |
certificate issued under this chapter | 5634 |
the board of the charge. | 5635 |
Each notification | 5636 |
shall be made on forms prescribed and provided by the board. The | 5637 |
report shall include the name and address of the license or | 5638 |
certificate holder, the charge, and the certified court documents | 5639 |
recording the action. | 5640 |
(B) If any person or governmental entity fails to provide a | 5641 |
report required by this section, the board may seek an order from | 5642 |
a court of competent jurisdiction compelling submission of the | 5643 |
report. | 5644 |
Sec. 4723.35. (A) As used in this section, "chemical | 5645 |
dependency" means either of the following: | 5646 |
(1) The chronic and habitual use of alcoholic beverages to | 5647 |
the extent that the user no longer can control the use of alcohol | 5648 |
or endangers the user's health, safety, or welfare or that of | 5649 |
others; | 5650 |
(2) The use of a controlled substance as defined in section | 5651 |
3719.01 of the Revised Code, a harmful intoxicant as defined in | 5652 |
section 2925.01 of the Revised Code, or a dangerous drug as | 5653 |
defined in section 4729.01 of the Revised Code, to the extent that | 5654 |
the user becomes physically or psychologically dependent on the | 5655 |
substance, intoxicant, or drug or endangers the user's health, | 5656 |
safety, or welfare or that of others. | 5657 |
(B) The board of nursing may abstain from taking disciplinary | 5658 |
action under section 4723.28 or 4723.86 of the Revised Code | 5659 |
against an individual with a chemical dependency if it finds that | 5660 |
the individual can be treated effectively and there is no | 5661 |
impairment of the individual's ability to practice according to | 5662 |
acceptable and prevailing standards of safe care. The board shall | 5663 |
establish a chemical dependency monitoring program to monitor the | 5664 |
registered nurses, licensed practical nurses, dialysis | 5665 |
technicians, and certified community health workers against whom | 5666 |
the board has abstained from taking action. The board shall | 5667 |
develop the program, select the program's name, and designate a | 5668 |
coordinator to administer the program. | 5669 |
(C) Determinations regarding an individual's eligibility for | 5670 |
admission to, continued participation in, and successful | 5671 |
completion of the monitoring program shall be made by the board's | 5672 |
supervising member for disciplinary matters in accordance with | 5673 |
rules adopted under division (D) of this section. | 5674 |
(D) The board shall adopt rules in accordance with Chapter | 5675 |
119. of the Revised Code that establish the following: | 5676 |
(1) Eligibility requirements for admission to and continued | 5677 |
participation in the monitoring program; | 5678 |
(2) Terms and conditions that must be met to participate in | 5679 |
and successfully complete the program; | 5680 |
(3) Procedures for keeping confidential records regarding | 5681 |
participants; | 5682 |
(4) Any other requirements or procedures necessary to | 5683 |
establish and administer the program. | 5684 |
| 5685 |
program, an individual shall surrender to the program coordinator | 5686 |
the license or certificate that the individual holds. While the | 5687 |
surrender is in effect, the individual is prohibited from engaging | 5688 |
in the practice of nursing, engaging in the provision of dialysis | 5689 |
care, or engaging in the provision of services that were being | 5690 |
provided as a certified community health worker. | 5691 |
If the | 5692 |
disciplinary matters determines that a participant is capable of | 5693 |
resuming practice according to acceptable and prevailing standards | 5694 |
of safe care, the program coordinator shall return the | 5695 |
participant's license or certificate. If the participant violates | 5696 |
the terms and conditions of resumed practice, the | 5697 |
coordinator shall require the participant to surrender the license | 5698 |
or certificate as a condition of continued participation in the | 5699 |
program. The coordinator may require the surrender only on the | 5700 |
approval of the board's supervising member for disciplinary | 5701 |
matters. | 5702 |
The surrender of a license or certificate on admission to the | 5703 |
monitoring program or while participating in the program does not | 5704 |
constitute an action by the board under section 4723.28 or 4723.86 | 5705 |
of the Revised Code. The participant may rescind the surrender at | 5706 |
any time and the board may proceed by taking action under section | 5707 |
4723.28 or 4723.86 of the Revised Code. | 5708 |
(2) If the program coordinator determines that a participant | 5709 |
is significantly out of compliance with the terms and conditions | 5710 |
for participation, the coordinator shall notify the board's | 5711 |
supervising member for disciplinary matters and the supervising | 5712 |
member shall determine whether to temporarily suspend the | 5713 |
participant's license or certificate. The | 5714 |
board shall notify the participant of the suspension by certified | 5715 |
mail sent to the participant's last known address and shall refer | 5716 |
the matter to the board for formal action under section 4723.28 or | 5717 |
4723.86 of the Revised Code. | 5718 |
| 5719 |
receipt, release, and maintenance of records and information by | 5720 |
the monitoring program: | 5721 |
(1) The program coordinator shall maintain all program | 5722 |
records in the board's office, and for each participant, shall | 5723 |
retain the records for a period of | 5724 |
participant's date of successful completion of the program. | 5725 |
(2) When applying to participate in the monitoring program, | 5726 |
the applicant shall sign a waiver permitting the | 5727 |
5728 | |
5729 | |
for admission. After being admitted, the participant shall sign a | 5730 |
waiver permitting the
| 5731 |
release information necessary to determine whether the individual | 5732 |
is eligible for continued participation in the program. | 5733 |
Information that may be necessary for the | 5734 |
board's supervising member for disciplinary matters to determine | 5735 |
eligibility for admission or continued participation in the | 5736 |
monitoring program includes, but is not limited to, information | 5737 |
provided to and by employers, probation officers, law enforcement | 5738 |
agencies, peer assistance programs, health professionals, and | 5739 |
treatment providers. No entity with knowledge that the information | 5740 |
has been provided to the monitoring program shall divulge that | 5741 |
knowledge to any other person. | 5742 |
(3) Except as provided in division | 5743 |
all records pertaining to an individual's application for or | 5744 |
participation in the monitoring program, including medical | 5745 |
records, treatment records, and mental health records, shall be | 5746 |
confidential. The records are not public records for the purposes | 5747 |
of section 149.43 of the Revised Code and are not subject to | 5748 |
discovery by subpoena or admissible as evidence in any judicial | 5749 |
proceeding. | 5750 |
(4) The | 5751 |
regarding a participant's progress in the program to any person or | 5752 |
government entity that the participant authorizes in writing to be | 5753 |
given the information. In disclosing information under this | 5754 |
division, the
| 5755 |
that is protected under section 3793.13 of the Revised Code or any | 5756 |
federal statute or regulation that provides for the | 5757 |
confidentiality of medical, mental health, or substance abuse | 5758 |
records. | 5759 |
| 5760 |
5761 | |
5762 | |
employees and representatives are not liable for damages in any | 5763 |
civil action as a result of disclosing information in accordance | 5764 |
with division
| 5765 |
or bad faith, any person reporting to the program with regard to | 5766 |
an individual's chemical dependence, or the progress or lack of | 5767 |
progress of that individual with regard to treatment, is not | 5768 |
liable for damages in any civil action as a result of the report. | 5769 |
Sec. 4723.41. (A) Each person who desires to practice | 5770 |
nursing as a certified nurse-midwife and has not been authorized | 5771 |
to practice midwifery prior to December 1, 1967, and each person | 5772 |
who desires to practice nursing as a certified registered nurse | 5773 |
anesthetist, clinical nurse specialist, or certified nurse | 5774 |
practitioner shall file with the board of nursing a written | 5775 |
application for authorization to practice nursing in the desired | 5776 |
specialty, under oath, on a form prescribed by the board. | 5777 |
Except as provided in | 5778 |
this section, at the time of making application, the applicant | 5779 |
shall meet all of the following requirements: | 5780 |
(1) Be a registered nurse; | 5781 |
(2) Submit documentation satisfactory to the board that the | 5782 |
applicant has earned a graduate degree with a major in a nursing | 5783 |
specialty or in a related field that qualifies the applicant to | 5784 |
sit for the certification examination of a national certifying | 5785 |
organization | 5786 |
by the board under section 4723.46 of the Revised Code; | 5787 |
(3) Submit documentation satisfactory to the board of having | 5788 |
passed the certification examination of | 5789 |
| 5790 |
5791 | |
5792 | |
5793 | |
5794 |
| 5795 |
5796 | |
5797 | |
5798 | |
5799 | |
5800 | |
5801 | |
5802 |
| 5803 |
5804 | |
5805 | |
5806 | |
5807 |
| 5808 |
5809 | |
5810 | |
5811 | |
national certifying organization approved by the board under | 5812 |
section 4723.46 of the Revised Code to examine and certify, as | 5813 |
applicable, nurse-midwives, registered nurse anesthetists, | 5814 |
clinical nurse specialists, or nurse practitioners | 5815 |
(4) Submit an affidavit with the application that states all | 5816 |
of the following: | 5817 |
(a) That the applicant is the person named in the documents | 5818 |
submitted under divisions (A)(2) and (3) of this section and is | 5819 |
the lawful possessor thereof; | 5820 |
(b) The applicant's age, residence, the school at which the | 5821 |
applicant obtained education in the applicant's nursing specialty, | 5822 |
and any other facts that the board requires; | 5823 |
(c) If the applicant is already engaged in the practice of | 5824 |
nursing as a certified registered nurse anesthetist, clinical | 5825 |
nurse specialist, certified nurse-midwife, or certified nurse | 5826 |
practitioner, the period during which and the place where the | 5827 |
applicant is engaged; | 5828 |
(d) If the applicant is already engaged in the practice of | 5829 |
nursing as a clinical nurse specialist, certified nurse-midwife, | 5830 |
or certified nurse practitioner, the names and business addresses | 5831 |
of the applicant's current collaborating physicians and | 5832 |
podiatrists. | 5833 |
5834 | |
5835 | |
5836 | |
5837 | |
5838 | |
5839 | |
5840 | |
5841 |
| 5842 |
5843 | |
5844 | |
5845 | |
5846 | |
5847 | |
5848 | |
5849 | |
5850 | |
5851 |
| 5852 |
5853 | |
5854 |
| 5855 |
5856 | |
5857 | |
5858 | |
5859 |
| 5860 |
5861 | |
5862 | |
5863 | |
5864 |
| 5865 |
5866 | |
5867 | |
5868 | |
5869 | |
5870 | |
5871 | |
5872 | |
5873 | |
5874 |
| 5875 |
nurse specialist, certified nurse-midwife, or certified nurse | 5876 |
practitioner who is practicing as such in another jurisdiction may | 5877 |
apply for a certificate of authority to practice nursing as a | 5878 |
certified registered nurse anesthetist, clinical nurse specialist, | 5879 |
certified nurse-midwife, or certified nurse practitioner in this | 5880 |
state if the nurse meets the requirements for a certificate of | 5881 |
authority set forth in division (A) of this section or division | 5882 |
(B)(2) of this section. | 5883 |
(2) If an applicant practicing in another jurisdiction | 5884 |
applies for a certificate of authority under division (B)(2) of | 5885 |
this section, the application shall be submitted to the board in | 5886 |
the form prescribed by rules of the board and be accompanied by | 5887 |
the application fee required by section 4723.08 of the Revised | 5888 |
Code. The application shall include evidence that the applicant | 5889 |
meets the requirements of division (B)(2) of this section, holds a | 5890 |
license or certificate to practice nursing as a certified | 5891 |
registered nurse anesthetist, clinical nurse specialist, certified | 5892 |
nurse-midwife, or certified nurse practitioner in good standing in | 5893 |
another jurisdiction granted after meeting requirements approved | 5894 |
by the entity of that jurisdiction that licenses nurses, and other | 5895 |
information required by rules of the board of nursing. | 5896 |
| 5897 |
certification requirements that an applicant under division (B)(2) | 5898 |
of this section must meet, both of the following apply: | 5899 |
(a) If the applicant is a certified registered nurse | 5900 |
anesthetist, certified nurse-midwife, or certified nurse | 5901 |
practitioner who, on or before December 31, 2000, | 5902 |
5903 | |
5904 | |
specialty with a national certifying organization listed in | 5905 |
division (A)(3) of section 4723.41 of the Revised Code as that | 5906 |
division existed prior to the effective date of this amendment or | 5907 |
that was at that time approved by the board under section 4723.46 | 5908 |
of the Revised Code, | 5909 |
applicant must have maintained the certification. The applicant is | 5910 |
not required to have earned a graduate degree with a major in a | 5911 |
nursing specialty or in a related field that qualifies the | 5912 |
applicant to sit for the certification examination. | 5913 |
(b) If the applicant is a clinical nurse specialist | 5914 |
5915 | |
5916 | |
of the following must apply to the applicant: | 5917 |
(i) On or before December 31, 2000, the applicant obtained a | 5918 |
graduate degree with a major in a clinical area of nursing from an | 5919 |
educational institution accredited by a national or regional | 5920 |
accrediting organization. The applicant is not required to have | 5921 |
passed a certification examination. | 5922 |
(ii) On or before December 31, 2000, the applicant obtained a | 5923 |
graduate degree in nursing or a related field and was certified as | 5924 |
a clinical nurse specialist by the American nurses credentialing | 5925 |
center or another national certifying organization that was at | 5926 |
that time approved by the board under section 4723.46 of the | 5927 |
Revised Code. | 5928 |
Sec. 4723.42. (A) If the applicant for authorization to | 5929 |
practice nursing as a certified registered nurse anesthetist, | 5930 |
clinical nurse specialist, certified nurse-midwife, or certified | 5931 |
nurse practitioner has met all the requirements of section 4723.41 | 5932 |
of the Revised Code and has paid the fee required by section | 5933 |
4723.08 of the Revised Code, the board of nursing shall issue its | 5934 |
certificate of authority to practice nursing as a certified | 5935 |
registered nurse anesthetist, clinical nurse specialist, certified | 5936 |
nurse-midwife, or certified nurse practitioner, which shall | 5937 |
designate the nursing specialty the nurse is authorized to | 5938 |
practice. The certificate entitles its holder to practice nursing | 5939 |
in the specialty designated on the certificate. | 5940 |
The board shall issue or deny its certificate not later than | 5941 |
sixty days after receiving all of the documents required by | 5942 |
section 4723.41 of the Revised Code. | 5943 |
If an applicant is under investigation for a violation of | 5944 |
this chapter, the board shall conclude the investigation not later | 5945 |
than ninety days after receipt of all required documents, unless | 5946 |
this ninety-day period is extended by written consent of the | 5947 |
applicant, or unless the board determines that a substantial | 5948 |
question of such a violation exists and the board has notified the | 5949 |
applicant in writing of the reasons for the continuation of the | 5950 |
investigation. If the board determines that the applicant has not | 5951 |
violated this chapter, it shall issue a certificate not later than | 5952 |
forty-five days after making that determination. | 5953 |
(B) Authorization to practice nursing as a certified | 5954 |
registered nurse anesthetist, clinical nurse specialist, certified | 5955 |
nurse-midwife, or certified nurse practitioner shall be renewed | 5956 |
biennially according to rules and a schedule adopted by the board. | 5957 |
In providing renewal applications to certificate holders, the | 5958 |
board shall follow the procedures it follows under section 4723.24 | 5959 |
of the Revised Code in providing renewal applications to license | 5960 |
holders. Failure of the certificate holder to receive an | 5961 |
application for renewal from the board does not excuse the holder | 5962 |
from the requirements of section 4723.44 of the Revised Code. | 5963 |
Not later than the date specified by the board, the holder | 5964 |
shall complete the renewal form and return it to the board with | 5965 |
all of the following: | 5966 |
(1) The renewal fee required by section 4723.08 of the | 5967 |
Revised Code; | 5968 |
(2) | 5969 |
5970 | |
holder has maintained certification in the nursing specialty with | 5971 |
a national certifying organization | 5972 |
5973 | |
section 4723.46 of the Revised Code; | 5974 |
(3) A list of the names and business addresses of the | 5975 |
holder's current collaborating physicians and podiatrists, if the | 5976 |
holder is a clinical nurse specialist, certified nurse-midwife, or | 5977 |
certified nurse practitioner; | 5978 |
(4) If the holder's certificate was issued under division (C) | 5979 |
of section 4723.41 of the Revised Code, as that division existed | 5980 |
at any time before the effective date of this amendment, | 5981 |
documentation satisfactory to the board that the holder has | 5982 |
completed continuing education for a clinical nurse specialist as | 5983 |
required by rule of the board | 5984 |
| 5985 |
5986 | |
5987 | |
5988 | |
5989 | |
5990 |
On receipt of the renewal application, fees, and documents, | 5991 |
the board shall verify that the applicant holds a current license | 5992 |
to practice nursing as a registered nurse in this state, and, if | 5993 |
it so verifies, shall renew the certificate. If an applicant | 5994 |
submits the completed renewal application after the date specified | 5995 |
in the board's schedule, but before the expiration of the | 5996 |
certificate, the board shall grant a renewal when the late renewal | 5997 |
fee required by section 4723.08 of the Revised Code is paid. | 5998 |
An applicant for reinstatement of an expired certificate | 5999 |
shall submit the reinstatement fee, renewal fee, and late renewal | 6000 |
fee required by section 4723.08 of the Revised Code. Any holder of | 6001 |
a certificate who desires inactive status shall give the board | 6002 |
written notice to that effect. | 6003 |
| 6004 |
6005 | |
6006 | |
6007 | |
6008 | |
6009 |
Sec. 4723.43. A certified registered nurse anesthetist, | 6010 |
clinical nurse specialist, certified nurse-midwife, or certified | 6011 |
nurse practitioner may provide to individuals and groups nursing | 6012 |
care that requires knowledge and skill obtained from advanced | 6013 |
formal education and clinical experience. In this capacity as an | 6014 |
advanced practice registered nurse, a certified nurse-midwife is | 6015 |
subject to division (A) of this section, a certified registered | 6016 |
nurse anesthetist is subject to division (B) of this section, a | 6017 |
certified nurse practitioner is subject to division (C) of this | 6018 |
section, and a clinical nurse specialist is subject to division | 6019 |
(D) of this section. | 6020 |
(A) A nurse authorized to practice as a certified | 6021 |
nurse-midwife, in collaboration with one or more physicians, may | 6022 |
provide the management of preventive services and those primary | 6023 |
care services necessary to provide health care to women | 6024 |
antepartally, intrapartally, postpartally, and gynecologically, | 6025 |
consistent with the nurse's education and certification, and in | 6026 |
accordance with rules adopted by the board of nursing. | 6027 |
No certified nurse-midwife may perform version, deliver | 6028 |
breech or face presentation, use forceps, do any obstetric | 6029 |
operation, or treat any other abnormal condition, except in | 6030 |
emergencies. Division (A) of this section does not prohibit a | 6031 |
certified nurse-midwife from performing episiotomies or normal | 6032 |
vaginal deliveries, or repairing vaginal tears. A certified | 6033 |
nurse-midwife who holds a certificate to prescribe issued under | 6034 |
section 4723.48 of the Revised Code may, in collaboration with one | 6035 |
or more physicians, prescribe drugs and therapeutic devices in | 6036 |
accordance with section 4723.481 of the Revised Code. | 6037 |
(B) A nurse authorized to practice as a certified registered | 6038 |
nurse anesthetist, with the supervision and in the immediate | 6039 |
presence of a physician, podiatrist, or dentist, may administer | 6040 |
anesthesia and perform anesthesia induction, maintenance, and | 6041 |
emergence, and may perform with supervision preanesthetic | 6042 |
preparation and evaluation, postanesthesia care, and clinical | 6043 |
support functions, consistent with the nurse's education and | 6044 |
certification, and in accordance with rules adopted by the board. | 6045 |
A certified registered nurse anesthetist is not required to obtain | 6046 |
a certificate to prescribe in order to provide the anesthesia care | 6047 |
described in this division. | 6048 |
The physician, podiatrist, or dentist supervising a certified | 6049 |
registered nurse anesthetist must be actively engaged in practice | 6050 |
in this state. When a certified registered nurse anesthetist is | 6051 |
supervised by a podiatrist, the nurse's scope of practice is | 6052 |
limited to the anesthesia procedures that the podiatrist has the | 6053 |
authority under section 4731.51 of the Revised Code to perform. A | 6054 |
certified registered nurse anesthetist may not administer general | 6055 |
anesthesia under the supervision of a podiatrist in a podiatrist's | 6056 |
office. When a certified registered nurse anesthetist is | 6057 |
supervised by a dentist, the nurse's scope of practice is limited | 6058 |
to the anesthesia procedures that the dentist has the authority | 6059 |
under Chapter 4715. of the Revised Code to perform. | 6060 |
(C) A nurse authorized to practice as a certified nurse | 6061 |
practitioner, in collaboration with one or more physicians or | 6062 |
podiatrists, may provide preventive and primary care services, | 6063 |
provide services for acute illnesses, and evaluate and promote | 6064 |
patient wellness within the nurse's nursing specialty, consistent | 6065 |
with the nurse's education and certification, and in accordance | 6066 |
with rules adopted by the board. A certified nurse practitioner | 6067 |
who holds a certificate to prescribe issued under section 4723.48 | 6068 |
of the Revised Code may, in collaboration with one or more | 6069 |
physicians or podiatrists, prescribe drugs and therapeutic devices | 6070 |
in accordance with section 4723.481 of the Revised Code. | 6071 |
When a certified nurse practitioner is collaborating with a | 6072 |
podiatrist, the nurse's scope of practice is limited to the | 6073 |
procedures that the podiatrist has the authority under section | 6074 |
4731.51 of the Revised Code to perform. | 6075 |
(D) A nurse authorized to practice as a clinical nurse | 6076 |
specialist, in collaboration with one or more physicians or | 6077 |
podiatrists, may provide and manage the care of individuals and | 6078 |
groups with complex health problems and provide health care | 6079 |
services that promote, improve, and manage health care within the | 6080 |
nurse's nursing specialty, consistent with the nurse's education | 6081 |
and in accordance with rules adopted by the board. A clinical | 6082 |
nurse specialist who holds a certificate to prescribe issued under | 6083 |
section 4723.48 of the Revised Code may, in collaboration with one | 6084 |
or more physicians or podiatrists, prescribe drugs and therapeutic | 6085 |
devices in accordance with section 4723.481 of the Revised Code. | 6086 |
When a clinical nurse specialist is collaborating with a | 6087 |
podiatrist, the nurse's scope of practice is limited to the | 6088 |
procedures that the podiatrist has the authority under section | 6089 |
4731.51 of the Revised Code to perform. | 6090 |
Sec. 4723.431. (A) Except as provided in division (D)(1) of | 6091 |
this section, a clinical nurse specialist, certified | 6092 |
nurse-midwife, or certified nurse practitioner may practice only | 6093 |
in accordance with a standard care arrangement entered into with | 6094 |
each physician or podiatrist with whom the nurse collaborates. A | 6095 |
copy of the standard care arrangement shall be retained on file at | 6096 |
each site where the nurse practices. Prior approval of the | 6097 |
standard care arrangement by the board of nursing is not required, | 6098 |
but the board may periodically review it for compliance with this | 6099 |
section. | 6100 |
A clinical nurse specialist, certified nurse-midwife, or | 6101 |
certified nurse practitioner may enter into a standard care | 6102 |
arrangement with one or more collaborating physicians or | 6103 |
podiatrists. | 6104 |
in the practice of nursing as a clinical nurse specialist, | 6105 |
certified nurse-midwife, or certified nurse practitioner, the | 6106 |
nurse shall submit to the board the name and business address of | 6107 |
each collaborating physician or podiatrist. Thereafter, the nurse | 6108 |
shall give to the board written notice of any additions or | 6109 |
deletions to the nurse's collaborating physicians or podiatrists | 6110 |
not later than thirty days after the change takes effect. | 6111 |
Each collaborating physician or podiatrist must be actively | 6112 |
engaged in direct clinical practice in this state and practicing | 6113 |
in a specialty that is the same as or similar to the nurse's | 6114 |
nursing specialty. If a collaborating physician or podiatrist | 6115 |
enters into standard care arrangements with more than three nurses | 6116 |
who hold certificates to prescribe issued under section 4723.48 of | 6117 |
the Revised Code, the physician or podiatrist shall not | 6118 |
collaborate at the same time with more than three of the nurses in | 6119 |
the prescribing component of their practices. | 6120 |
(B) A standard care arrangement shall be in writing and, | 6121 |
except as provided in division (D)(2) of this section, shall | 6122 |
contain all of the following: | 6123 |
(1) Criteria for referral of a patient by the clinical nurse | 6124 |
specialist, certified nurse-midwife, or certified nurse | 6125 |
practitioner to a collaborating physician or podiatrist; | 6126 |
(2) A process for the clinical nurse specialist, certified | 6127 |
nurse-midwife, or certified nurse practitioner to obtain a | 6128 |
consultation with a collaborating physician or podiatrist; | 6129 |
(3) A plan for coverage in instances of emergency or planned | 6130 |
absences of either the clinical nurse specialist, certified | 6131 |
nurse-midwife, or certified nurse practitioner or a collaborating | 6132 |
physician or podiatrist that provides the means whereby a | 6133 |
physician or podiatrist is available for emergency care; | 6134 |
(4) The process for resolution of disagreements regarding | 6135 |
matters of patient management between the clinical nurse | 6136 |
specialist, certified nurse-midwife, or certified nurse | 6137 |
practitioner and a collaborating physician or podiatrist; | 6138 |
(5) A procedure for a regular review of the referrals by the | 6139 |
clinical nurse specialist, certified nurse-midwife, or certified | 6140 |
nurse practitioner to other health care professionals and the care | 6141 |
outcomes for a random sample of all patients seen by the nurse; | 6142 |
(6) If the clinical nurse specialist or certified nurse | 6143 |
practitioner regularly provides services to infants, a policy for | 6144 |
care of infants up to age one and recommendations for | 6145 |
collaborating physician visits for children from birth to age | 6146 |
three; | 6147 |
(7) Any other criteria required by rule of the board adopted | 6148 |
pursuant to section 4723.07 or 4723.50 of the Revised Code. | 6149 |
(C) A standard care arrangement entered into pursuant to this | 6150 |
section may permit a clinical nurse specialist, certified | 6151 |
nurse-midwife, or certified nurse practitioner to supervise | 6152 |
services provided by a home health agency as defined in section | 6153 |
3701.881 of the Revised Code. | 6154 |
(D)(1) A clinical nurse specialist who does not hold a | 6155 |
certificate to prescribe and whose nursing specialty is mental | 6156 |
health or psychiatric mental health, as determined by the board, | 6157 |
is not required to enter into a standard care arrangement, but | 6158 |
shall practice in collaboration with one or more physicians. | 6159 |
(2) If a clinical nurse specialist practicing in either of | 6160 |
the specialties specified in division (D)(1) of this section holds | 6161 |
a certificate to prescribe, the nurse shall enter into a standard | 6162 |
care arrangement with one or more physicians. The standard care | 6163 |
arrangement must meet the requirements of division (B) of this | 6164 |
section, but only to the extent necessary to address the | 6165 |
prescribing component of the nurse's practice. | 6166 |
(E) Nothing in this section prohibits a hospital from hiring | 6167 |
a clinical nurse specialist, certified nurse-midwife, or certified | 6168 |
nurse practitioner as an employee and negotiating standard care | 6169 |
arrangements on behalf of the employee as necessary to meet the | 6170 |
requirements of this section. A standard care arrangement between | 6171 |
the hospital's employee and the employee's collaborating physician | 6172 |
is subject to approval by the medical staff and governing body of | 6173 |
the hospital prior to implementation of the arrangement at the | 6174 |
hospital. | 6175 |
Sec. 4723.44. (A) No person shall do any of the following | 6176 |
unless the person holds a current, valid certificate of authority | 6177 |
to practice nursing as a certified registered nurse anesthetist, | 6178 |
clinical nurse specialist, certified nurse-midwife, or certified | 6179 |
nurse practitioner issued by the board of nursing under this | 6180 |
chapter: | 6181 |
(1) Engage in the practice of nursing as a certified | 6182 |
registered nurse anesthetist, clinical nurse specialist, certified | 6183 |
nurse-midwife, or certified nurse practitioner for a fee, salary, | 6184 |
or other consideration, or as a volunteer; | 6185 |
(2) Represent the person as being a certified registered | 6186 |
nurse anesthetist, clinical nurse specialist, certified | 6187 |
nurse-midwife, or certified nurse practitioner; | 6188 |
(3) Use any title or initials implying that the person is a | 6189 |
certified registered nurse anesthetist, clinical nurse specialist, | 6190 |
certified nurse-midwife, or certified nurse practitioner; | 6191 |
(4) Represent the person as being an advanced practice | 6192 |
registered nurse; | 6193 |
(5) Use any title or initials implying that the person is an | 6194 |
advanced practice registered nurse. | 6195 |
(B) No person who is not certified by the national council on | 6196 |
certification of nurse anesthetists of the American association of | 6197 |
nurse anesthetists, the national council on recertification of | 6198 |
nurse anesthetists of the American association of nurse | 6199 |
anesthetists, or another national certifying organization approved | 6200 |
by the board under section 4723.46 of the Revised Code shall use | 6201 |
the title "certified registered nurse anesthetist" or the initials | 6202 |
"C.R.N.A.," or any other title or initial implying that the person | 6203 |
has been certified by the council or organization. | 6204 |
(C) No certified registered nurse anesthetist, clinical nurse | 6205 |
specialist, certified nurse-midwife, or certified nurse | 6206 |
practitioner shall do any of the following: | 6207 |
(1) Engage, for a fee, salary, or other consideration, or as | 6208 |
a volunteer, in the practice of a nursing specialty other than the | 6209 |
specialty designated on the nurse's current, valid certificate of | 6210 |
authority issued by the board under this chapter; | 6211 |
(2) Represent the person as being authorized to practice any | 6212 |
nursing specialty other than the specialty designated on the | 6213 |
current, valid certificate of authority; | 6214 |
(3) Use the title "certified registered nurse anesthetist" or | 6215 |
the initials "N.A." or "C.R.N.A.," the title "clinical nurse | 6216 |
specialist" or the initials "C.N.S.," the title "certified | 6217 |
nurse-midwife" or the initials "C.N.M.," the title "certified | 6218 |
nurse practitioner" or the initials "C.N.P.," the title "advanced | 6219 |
practice registered nurse" or the initials "A.P.R.N.," or any | 6220 |
other title or initials implying that the nurse is authorized to | 6221 |
practice any nursing specialty other than the specialty designated | 6222 |
on the nurse's current, valid certificate of authority; | 6223 |
(4) Enter into a standard care arrangement with a physician | 6224 |
or podiatrist whose practice is not the same as or similar to the | 6225 |
nurse's nursing specialty; | 6226 |
(5) Prescribe drugs or therapeutic devices unless the nurse | 6227 |
holds a current, valid certificate to prescribe issued under | 6228 |
section 4723.48 of the Revised Code; | 6229 |
(6) Prescribe drugs or therapeutic devices under a | 6230 |
certificate to prescribe in a manner that does not comply with | 6231 |
section 4723.481 of the Revised Code; | 6232 |
(7) Prescribe any drug or device to perform or induce an | 6233 |
abortion, or otherwise | 6234 |
(D) No person shall knowingly employ a person to engage in | 6235 |
the practice of nursing as a certified registered nurse | 6236 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 6237 |
or certified nurse practitioner unless the person so employed | 6238 |
holds a current, valid certificate of authority to engage in that | 6239 |
nursing specialty issued by the board under this chapter. | 6240 |
(E) A certificate certified by the executive director of the | 6241 |
board, under the official seal of the board, to the effect that it | 6242 |
appears from the records that no certificate of authority to | 6243 |
practice nursing as a certified registered nurse anesthetist, | 6244 |
clinical nurse specialist, certified nurse-midwife, or certified | 6245 |
nurse practitioner has been issued to any person specified | 6246 |
therein, or that a certificate, if issued, has been revoked or | 6247 |
suspended, shall be received as prima-facie evidence of the record | 6248 |
in any court or before any officer of the state. | 6249 |
Sec. 4723.48. (A) A clinical nurse specialist, certified | 6250 |
nurse-midwife, or certified nurse practitioner seeking authority | 6251 |
to prescribe drugs and therapeutic devices shall file with the | 6252 |
board of nursing a written application for a certificate to | 6253 |
prescribe. The board of nursing shall issue a certificate to | 6254 |
prescribe to each applicant who meets the requirements specified | 6255 |
in section 4723.482 or 4723.485 of the Revised Code. | 6256 |
Except as provided in division (B) of this section, the | 6257 |
initial certificate to prescribe that the board issues to an | 6258 |
applicant shall be issued as an externship certificate. Under an | 6259 |
externship certificate, the nurse may obtain experience in | 6260 |
prescribing drugs and therapeutic devices by participating in an | 6261 |
externship that evaluates the nurse's competence, knowledge, and | 6262 |
skill in pharmacokinetic principles and their clinical application | 6263 |
to the specialty being practiced. During the externship, the nurse | 6264 |
may prescribe drugs and therapeutic devices only when one or more | 6265 |
physicians are providing supervision in accordance with rules | 6266 |
adopted under section 4723.50 of the Revised Code. | 6267 |
After completing the externship, the holder of an externship | 6268 |
certificate may apply for a new certificate to prescribe. On | 6269 |
receipt of the new certificate, the nurse may prescribe drugs and | 6270 |
therapeutic devices in collaboration with one or more physicians | 6271 |
or podiatrists. | 6272 |
(B) In | 6273 |
6274 | |
6275 | |
6276 | |
6277 | |
6278 | |
6279 | |
6280 | |
6281 |
| 6282 |
division (C) of section 4723.482 of the Revised Code, the initial | 6283 |
certificate to prescribe that the board issues to the applicant | 6284 |
under this section shall not be an externship certificate. The | 6285 |
applicant shall be issued a certificate to prescribe that permits | 6286 |
the recipient to prescribe drugs and therapeutic devices in | 6287 |
collaboration with one or more physicians or podiatrists. | 6288 |
Sec. 4723.482. (A) Except as provided in divisions (C) and | 6289 |
(D) of this section, an applicant shall include with the | 6290 |
application submitted under section 4723.48 of the Revised Code | 6291 |
all of the following: | 6292 |
(1) | 6293 |
Evidence of holding a current, valid certificate of authority | 6294 |
6295 | |
specialist, certified nurse-midwife, or certified nurse | 6296 |
practitioner that was issued by meeting the requirements of | 6297 |
division (A) of section 4723.41 of the Revised Code; | 6298 |
(2) Evidence of successfully completing the course of study | 6299 |
in advanced pharmacology and related topics in accordance with the | 6300 |
requirements specified in division (B) of this section; | 6301 |
(3) The fee required by section 4723.08 of the Revised Code | 6302 |
for a certificate to prescribe; | 6303 |
(4) Any additional information the board of nursing requires | 6304 |
pursuant to rules adopted under section 4723.50 of the Revised | 6305 |
Code. | 6306 |
(B) With respect to the course of study in advanced | 6307 |
pharmacology and related topics that must be successfully | 6308 |
completed to obtain a certificate to prescribe, all of the | 6309 |
following requirements apply: | 6310 |
(1) The course of study shall be completed not longer than | 6311 |
three years before the application for the certificate to | 6312 |
prescribe is filed. | 6313 |
(2) The course of study shall consist of planned classroom | 6314 |
and clinical instruction for a total of not less than forty-five | 6315 |
contact hours. | 6316 |
(3) The course of study shall meet the requirements to be | 6317 |
approved by the board in accordance with standards established in | 6318 |
rules adopted under section 4723.50 of the Revised Code. | 6319 |
(4) The content of the course of study shall be specific to | 6320 |
the applicant's nursing specialty. | 6321 |
(5) The instruction provided in the course of study shall | 6322 |
include all of the following: | 6323 |
(a) A minimum of thirty-six contact hours of instruction in | 6324 |
advanced pharmacology that includes pharmacokinetic principles and | 6325 |
clinical application and the use of drugs and therapeutic devices | 6326 |
in the prevention of illness and maintenance of health; | 6327 |
(b) Instruction in the fiscal and ethical implications of | 6328 |
prescribing drugs and therapeutic devices; | 6329 |
(c) Instruction in the state and federal laws that apply to | 6330 |
the authority to prescribe; | 6331 |
(d) Instruction that is specific to schedule II controlled | 6332 |
substances, including instruction in all of the following: | 6333 |
(i) Indications for the use of schedule II controlled | 6334 |
substances in drug therapies; | 6335 |
(ii) The most recent guidelines for pain management | 6336 |
therapies, as established by state and national organizations such | 6337 |
as the Ohio pain initiative and the American pain society; | 6338 |
(iii) Fiscal and ethical implications of prescribing schedule | 6339 |
II controlled substances; | 6340 |
(iv) State and federal laws that apply to the authority to | 6341 |
prescribe schedule II controlled substances; | 6342 |
(v) Prevention of abuse and diversion of schedule II | 6343 |
controlled substances, including identification of the risk of | 6344 |
abuse and diversion, recognition of abuse and diversion, types of | 6345 |
assistance available for prevention of abuse and diversion, and | 6346 |
methods of establishing safeguards against abuse and diversion. | 6347 |
(e) Any additional instruction required pursuant to rules | 6348 |
adopted under section 4723.50 of the Revised Code. | 6349 |
(C) An applicant who practiced or is practicing as a clinical | 6350 |
nurse specialist, certified nurse-midwife, or certified nurse | 6351 |
practitioner in another jurisdiction or as an employee of the | 6352 |
United States government, and is not seeking authority to | 6353 |
prescribe drugs and therapeutic devices by meeting the | 6354 |
requirements of division (A) or (D) of this section, shall include | 6355 |
with the application submitted under section 4723.48 of the | 6356 |
Revised Code all of the following: | 6357 |
(1) | 6358 |
Evidence of holding a current, valid certificate of authority | 6359 |
issued under this chapter to practice as a clinical nurse | 6360 |
specialist, certified nurse-midwife, or certified nurse | 6361 |
practitioner; | 6362 |
(2) The fee required by section 4723.08 of the Revised Code | 6363 |
for a certificate to prescribe; | 6364 |
(3) Either of the following: | 6365 |
(a) Evidence of having held, for a continuous period of at | 6366 |
least one year during the three years immediately preceding the | 6367 |
date of application, valid authority issued by another | 6368 |
jurisdiction to prescribe therapeutic devices and drugs, including | 6369 |
at least some controlled substances; | 6370 |
(b) Evidence of having been employed by the United States | 6371 |
government and authorized, for a continuous period of at least one | 6372 |
year during the three years immediately preceding the date of | 6373 |
application, to prescribe therapeutic devices and drugs, including | 6374 |
at least some controlled substances, in conjunction with that | 6375 |
employment. | 6376 |
(4) | 6377 |
6378 | |
6379 | |
6380 | |
6381 |
| 6382 |
6383 | |
6384 | |
6385 | |
6386 | |
6387 |
| 6388 |
instruction approved by the board in the laws of this state that | 6389 |
govern drugs and prescriptive authority; | 6390 |
| 6391 |
to rules adopted under section 4723.50 of the Revised Code. | 6392 |
(D) An applicant who practiced or is practicing as a clinical | 6393 |
nurse specialist, certified nurse-midwife, or certified nurse | 6394 |
practitioner in another jurisdiction or as an employee of the | 6395 |
United States government, and is not seeking authority to | 6396 |
prescribe drugs and therapeutic devices by meeting the | 6397 |
requirements of division (A) or (C) of this section, shall include | 6398 |
with the application submitted under section 4723.48 of the | 6399 |
Revised Code all of the following: | 6400 |
(1) | 6401 |
Evidence of holding a current, valid certificate of authority | 6402 |
issued under this chapter to practice as a clinical nurse | 6403 |
specialist, certified nurse-midwife, or certified nurse | 6404 |
practitioner; | 6405 |
(2) The fee required by section 4723.08 of the Revised Code | 6406 |
for a certificate to prescribe; | 6407 |
(3) Either of the following: | 6408 |
(a) Evidence of having held, for a continuous period of at | 6409 |
least one year during the three years immediately preceding the | 6410 |
date of application, valid authority issued by another | 6411 |
jurisdiction to prescribe therapeutic devices and drugs, excluding | 6412 |
controlled substances; | 6413 |
(b) Evidence of having been employed by the United States | 6414 |
government and authorized, for a continuous period of at least one | 6415 |
year during the three years immediately preceding the date of | 6416 |
application, to prescribe therapeutic devices and drugs, excluding | 6417 |
controlled substances, in conjunction with that employment. | 6418 |
(4) | 6419 |
6420 | |
6421 | |
6422 | |
6423 |
| 6424 |
6425 | |
6426 | |
6427 | |
6428 | |
6429 |
| 6430 |
rules adopted under section 4723.50 of the Revised Code. | 6431 |
Sec. 4723.485. (A) | 6432 |
(A)(2) of this section, a certificate to prescribe issued under | 6433 |
section 4723.48 of the Revised Code as an externship certificate | 6434 |
is valid for not more than one year, unless earlier suspended or | 6435 |
revoked by the board of nursing. | 6436 |
(2) An externship certificate may be extended beyond the | 6437 |
period for | 6438 |
submits to the board evidence of continued participation in an | 6439 |
externship. The extension period shall not exceed two years. | 6440 |
(3) If an externship is terminated for any reason, the nurse | 6441 |
shall notify the board. | 6442 |
(B) To be eligible for a certificate to prescribe after | 6443 |
receiving an externship certificate, an applicant shall include | 6444 |
with the application submitted under section 4723.48 of the | 6445 |
Revised Code all of the following: | 6446 |
(1) A statement from a supervising physician attesting to the | 6447 |
applicant's successful completion of the externship; | 6448 |
(2) The fee required by section 4723.08 of the Revised Code | 6449 |
for a certificate to prescribe; | 6450 |
(3) Any additional information the board requires pursuant to | 6451 |
rules adopted under section 4723.50 of the Revised Code. | 6452 |
Sec. 4723.487. (A) As used in this section, "drug database" | 6453 |
means the database established and maintained by the state board | 6454 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 6455 |
(B) The board of nursing shall adopt rules in accordance with | 6456 |
Chapter 119. of the Revised Code that establish standards and | 6457 |
procedures to be followed by an advanced practice registered nurse | 6458 |
with a certificate to prescribe issued under section 4723.48 of | 6459 |
the Revised Code regarding the review of patient information | 6460 |
available through the drug database. | 6461 |
(C) This section and the rules adopted under it do not apply | 6462 |
if the state board of pharmacy no longer maintains the drug | 6463 |
database. | 6464 |
Sec. 4723.50. (A) In accordance with Chapter 119. of the | 6465 |
Revised Code, the board of nursing shall adopt rules as necessary | 6466 |
to implement the provisions of this chapter pertaining to the | 6467 |
authority of clinical nurse specialists, certified nurse-midwives, | 6468 |
and certified nurse practitioners to prescribe drugs and | 6469 |
therapeutic devices and the issuance and renewal of certificates | 6470 |
to prescribe. | 6471 |
The board shall adopt rules that are consistent with the | 6472 |
recommendations the board receives from the committee on | 6473 |
prescriptive governance pursuant to section 4723.492 of the | 6474 |
Revised Code. After reviewing a recommendation submitted by the | 6475 |
committee, the board may either adopt the recommendation as a rule | 6476 |
or ask the committee to reconsider and resubmit the | 6477 |
recommendation. The board shall not adopt any rule that does not | 6478 |
conform to a recommendation made by the committee. | 6479 |
(B) The board shall adopt rules under this section that do | 6480 |
all of the following: | 6481 |
(1) Establish a formulary listing the types of drugs and | 6482 |
therapeutic devices that may be prescribed by a clinical nurse | 6483 |
specialist, certified nurse-midwife, or certified nurse | 6484 |
practitioner. The formulary may include controlled substances, as | 6485 |
defined in section 3719.01 of the Revised Code. The formulary | 6486 |
shall not permit the prescribing of any drug or device to perform | 6487 |
or induce an abortion. | 6488 |
(2) Establish safety standards to be followed by a clinical | 6489 |
nurse specialist, certified nurse-midwife, or certified nurse | 6490 |
practitioner when personally furnishing to patients complete or | 6491 |
partial supplies of antibiotics, antifungals, scabicides, | 6492 |
contraceptives, prenatal vitamins, antihypertensives, drugs and | 6493 |
devices used in the treatment of diabetes, drugs and devices used | 6494 |
in the treatment of asthma, and drugs used in the treatment of | 6495 |
dyslipidemia; | 6496 |
(3) Establish criteria for the components of the standard | 6497 |
care arrangements described in section 4723.431 of the Revised | 6498 |
Code that apply to the authority to prescribe, including the | 6499 |
components that apply to the authority to prescribe schedule II | 6500 |
controlled substances. The rules shall be consistent with that | 6501 |
section and include all of the following: | 6502 |
(a) Quality assurance standards; | 6503 |
(b) Standards for periodic review by a collaborating | 6504 |
physician or podiatrist of the records of patients treated by the | 6505 |
clinical nurse specialist, certified nurse-midwife, or certified | 6506 |
nurse practitioner; | 6507 |
(c) Acceptable travel time between the location at which the | 6508 |
clinical nurse specialist, certified nurse-midwife, or certified | 6509 |
nurse practitioner is engaging in the prescribing components of | 6510 |
the nurse's practice and the location of the nurse's collaborating | 6511 |
physician or podiatrist; | 6512 |
(d) Any other criteria recommended by the committee on | 6513 |
prescriptive governance. | 6514 |
(4) Establish standards and procedures for issuance and | 6515 |
renewal of a certificate to prescribe, including specification of | 6516 |
any additional information the board may require under division | 6517 |
(A)(4), (C) | 6518 |
(B)(3) of section 4723.485 of the Revised Code; | 6519 |
(5) Establish standards for board approval of the course of | 6520 |
study in advanced pharmacology and related topics required by | 6521 |
section 4723.482 of the Revised Code; | 6522 |
(6) Establish requirements for board approval of the two-hour | 6523 |
course of instruction in the laws of this state as required under | 6524 |
division (C) | 6525 |
division (B)(2) of section 4723.484 of the Revised Code; | 6526 |
(7) Establish standards and procedures for the appropriate | 6527 |
conduct of an externship as described in section 4723.484 of the | 6528 |
Revised Code, including the following: | 6529 |
(a) Standards and procedures to be used in evaluating an | 6530 |
individual's participation in an externship; | 6531 |
(b) Standards and procedures for the supervision that a | 6532 |
physician must provide during an externship, including supervision | 6533 |
provided by working with the participant and supervision provided | 6534 |
by making timely reviews of the records of patients treated by the | 6535 |
participant. The manner in which supervision must be provided may | 6536 |
vary according to the location where the participant is practicing | 6537 |
and with the participant's level of experience. | 6538 |
Sec. 4723.61. As used in this section and in sections | 6539 |
6540 |
(A) "Medication" means a drug, as defined in section 4729.01 | 6541 |
of the Revised Code. | 6542 |
(B) "Medication error" means a failure to follow the | 6543 |
prescriber's instructions when administering a prescription | 6544 |
medication. | 6545 |
(C) "Nursing home" and "residential care facility" have the | 6546 |
same meanings as in section 3721.01 of the Revised Code. | 6547 |
(D) "Prescription medication" means a medication that may be | 6548 |
dispensed only pursuant to a prescription. | 6549 |
(E) "Prescriber" and "prescription" have the same meanings as | 6550 |
in section 4729.01 of the Revised Code. | 6551 |
Sec. 4723.64. | 6552 |
6553 | |
6554 | |
nursing home or residential care facility may use one or more | 6555 |
medication aides to administer prescription medications to its | 6556 |
residents, subject to both of the following conditions: | 6557 |
(A) Each individual used as a medication aide must hold a | 6558 |
current, valid medication aide certificate issued by the board of | 6559 |
nursing under this chapter. | 6560 |
(B) The nursing home or residential care facility shall | 6561 |
ensure that the requirements of section 4723.67 of the Revised | 6562 |
Code are met. | 6563 |
Sec. 4723.65. | 6564 |
medication aide shall apply to the board of nursing on a form | 6565 |
prescribed and provided by the board. | 6566 |
6567 | |
6568 | |
6569 | |
accompanied by the certification fee established in rules adopted | 6570 |
under section 4723.69 of the Revised Code. | 6571 |
| 6572 |
6573 | |
6574 | |
6575 | |
6576 | |
6577 | |
6578 | |
6579 | |
6580 | |
6581 | |
6582 | |
6583 | |
6584 | |
6585 | |
6586 | |
6587 | |
6588 | |
6589 | |
6590 |
| 6591 |
6592 | |
6593 | |
6594 | |
6595 | |
6596 |
| 6597 |
6598 | |
6599 | |
6600 |
| 6601 |
6602 | |
6603 |
| 6604 |
6605 |
Sec. 4723.651. (A) To be eligible to receive a medication | 6606 |
aide certificate, an applicant shall meet all of the following | 6607 |
conditions: | 6608 |
(1) Be at least eighteen years of age; | 6609 |
(2) Have a high school diploma or a high school equivalence | 6610 |
diploma as defined in section 5107.40 of the Revised Code; | 6611 |
(3) If the applicant is to practice as a medication aide in a | 6612 |
nursing home, be a nurse aide who satisfies the requirements of | 6613 |
division (A)(1), (2), (3), (4), (5), (6), or (8) of section | 6614 |
3721.32 of the Revised Code; | 6615 |
(4) If the applicant is to practice as a medication aide in a | 6616 |
residential care facility, be a nurse aide who satisfies the | 6617 |
requirements of division (A)(1), (2), (3), (4), (5), (6), or (8) | 6618 |
of section 3721.32 of the Revised Code or an individual who has at | 6619 |
least one year of direct care experience in a residential care | 6620 |
facility; | 6621 |
(5) Successfully complete the course of instruction provided | 6622 |
by a training program approved by the board under section 4723.66 | 6623 |
of the Revised Code; | 6624 |
(6) | 6625 |
6626 | |
6627 | |
6628 | |
6629 | |
6630 | |
6631 | |
6632 | |
licensure or certification as specified in section 4723.092 of the | 6633 |
Revised Code; | 6634 |
(7) Have not committed any act that is grounds for | 6635 |
disciplinary action under section 3123.47 or 4723.28 of the | 6636 |
Revised Code or be determined by the board to have made | 6637 |
restitution, been rehabilitated, or both; | 6638 |
(8) Not be required to register under Chapter 2950. of the | 6639 |
Revised Code or a substantially similar law of another state, the | 6640 |
United States, or another country; | 6641 |
(9) Meet all other requirements for a medication aide | 6642 |
certificate established in rules adopted under section 4723.69 of | 6643 |
the Revised Code. | 6644 |
(B) If an applicant meets the requirement specified in | 6645 |
division (A) of this section, the board shall issue a medication | 6646 |
aide certificate to the applicant. If a medication aide | 6647 |
certificate is issued to an individual on the basis of having at | 6648 |
least one year of direct care experience working in a residential | 6649 |
care facility, as provided in division (A)(4) of this section, the | 6650 |
certificate is valid for use only in a residential care facility. | 6651 |
The board shall state the limitation on the certificate issued to | 6652 |
the individual. | 6653 |
(C) A medication aide certificate is valid for two years, | 6654 |
unless earlier suspended or revoked. The certificate may be | 6655 |
renewed in accordance with procedures specified by the board in | 6656 |
rules adopted under section 4723.69 of the Revised Code. To be | 6657 |
eligible for renewal, an applicant shall pay the renewal fee | 6658 |
established in the rules and meet all renewal qualifications | 6659 |
specified in the rules. | 6660 |
Sec. 4723.652. (A) The board of nursing, by vote of a | 6661 |
quorum, may impose one or more of the following sanctions against | 6662 |
any individual who applies for, or holds, a medication aide | 6663 |
certificate: deny, revoke, suspend, or place restrictions on the | 6664 |
certificate; reprimand or otherwise discipline the holder of a | 6665 |
medication aide certificate; or impose a fine of not more than | 6666 |
five hundred dollars per violation. The sanctions may be imposed | 6667 |
for any of the reasons specified in division (A) or (B) of section | 6668 |
4723.28 of the Revised Code, to the extent that those reasons are | 6669 |
applicable to medication aides or applicants as specified in rules | 6670 |
adopted under section 4723.69 of the Revised Code. | 6671 |
(B) Disciplinary actions taken by the board under this | 6672 |
section shall be taken pursuant to an adjudication conducted under | 6673 |
Chapter 119. of the Revised Code, except that in lieu of a | 6674 |
hearing, the board may enter into a consent agreement with an | 6675 |
individual to resolve an allegation of a violation of this chapter | 6676 |
or any rule adopted under it. A consent agreement, when ratified | 6677 |
by vote of a quorum, shall constitute the findings and order of | 6678 |
the board with respect to the matter addressed in the agreement. | 6679 |
If the board refuses to ratify a consent agreement, the admissions | 6680 |
and findings contained in the agreement shall be of no effect. | 6681 |
(C) In taking actions under this section, the board has the | 6682 |
same powers and duties that it has when taking actions under | 6683 |
section 4723.28 of the Revised Code. In addition, the board may | 6684 |
issue an order to summarily suspend or automatically suspend a | 6685 |
medication aide certificate in the same manner that the board is | 6686 |
authorized to take those actions under section 4723.281 of the | 6687 |
Revised Code. | 6688 |
Sec. 4723.653. (A) No person shall engage in the | 6689 |
administration of medication as a medication aide, represent the | 6690 |
person as being a certified medication aide, or use the title, | 6691 |
"medication aide," or any other title implying that the person is | 6692 |
a certified medication aide, for a fee, salary, or other | 6693 |
compensation, or as a volunteer, without holding a current, valid | 6694 |
certificate as a medication aide under this chapter. | 6695 |
(B) No person shall employ a person not certified as a | 6696 |
medication aide under this chapter to engage in the administration | 6697 |
of medication as a medication aide. | 6698 |
Sec. 4723.66. (A) A person or government entity seeking | 6699 |
approval to provide a medication aide training program shall apply | 6700 |
to the board of nursing on a form prescribed and provided by the | 6701 |
board. | 6702 |
6703 | |
6704 | |
6705 | |
established in rules adopted under section 4723.69 of the Revised | 6706 |
Code. | 6707 |
(B) The board shall approve the applicant to provide a | 6708 |
medication aide training program if the content of the course of | 6709 |
instruction to be provided by the program meets the standards | 6710 |
specified by the board in rules adopted under section 4723.69 of | 6711 |
the Revised Code and includes all of the following: | 6712 |
(1) At least seventy clock-hours of instruction, including | 6713 |
both classroom instruction on medication administration and at | 6714 |
least twenty clock-hours of supervised clinical practice in | 6715 |
medication administration; | 6716 |
(2) A mechanism for evaluating whether an individual's | 6717 |
reading, writing, and mathematical skills are sufficient for the | 6718 |
individual to be able to administer prescription medications | 6719 |
safely; | 6720 |
(3) An examination that tests the ability to administer | 6721 |
prescription medications safely and that meets the requirements | 6722 |
established by the board in rules adopted under section 4723.69 of | 6723 |
the Revised Code. | 6724 |
(C) The board may deny, suspend, or revoke the approval | 6725 |
granted to the provider of a medication aide training program for | 6726 |
reasons specified in rules adopted under section 4723.69 of the | 6727 |
Revised Code. All actions taken by the board to deny, suspend, or | 6728 |
revoke the approval of a training program shall be taken in | 6729 |
accordance with Chapter 119. of the Revised Code. | 6730 |
Sec. 4723.67. (A) Except for the prescription medications | 6731 |
specified in division (C) of this section and the methods of | 6732 |
medication administration specified in division (D) of this | 6733 |
section, a medication aide who holds a current, valid medication | 6734 |
aide certificate issued under this chapter may administer | 6735 |
prescription medications to the residents of nursing homes and | 6736 |
residential care facilities that use medication aides pursuant to | 6737 |
section | 6738 |
shall administer prescription medications only pursuant to the | 6739 |
delegation of a registered nurse or a licensed practical nurse | 6740 |
acting at the direction of a registered nurse. | 6741 |
Delegation of medication administration to a medication aide | 6742 |
shall be carried out in accordance with the rules for nursing | 6743 |
delegation adopted under this chapter by the board of nursing. A | 6744 |
nurse who has delegated to a medication aide responsibility for | 6745 |
the administration of prescription medications to the residents of | 6746 |
a nursing home or residential care facility shall not withdraw the | 6747 |
delegation on an arbitrary basis or for any purpose other than | 6748 |
patient safety. | 6749 |
(B) In exercising the authority to administer prescription | 6750 |
medications pursuant to nursing delegation, a medication aide may | 6751 |
administer prescription medications in any of the following | 6752 |
categories: | 6753 |
(1) Oral medications; | 6754 |
(2) Topical medications; | 6755 |
(3) Medications administered as drops to the eye, ear, or | 6756 |
nose; | 6757 |
(4) Rectal and vaginal medications; | 6758 |
(5) Medications prescribed with a designation authorizing or | 6759 |
requiring administration on an as-needed basis, but only if a | 6760 |
nursing assessment of the patient is completed before the | 6761 |
medication is administered. | 6762 |
(C) A medication aide shall not administer prescription | 6763 |
medications in either of the following categories: | 6764 |
(1) Medications containing a schedule II controlled | 6765 |
substance, as defined in section 3719.01 of the Revised Code; | 6766 |
(2) Medications requiring dosage calculations. | 6767 |
(D) A medication aide shall not administer prescription | 6768 |
medications by any of the following methods: | 6769 |
(1) Injection; | 6770 |
(2) Intravenous therapy procedures; | 6771 |
(3) Splitting pills for purposes of changing the dose being | 6772 |
given. | 6773 |
(E) A nursing home or residential care facility that uses | 6774 |
medication aides shall ensure that medication aides do not have | 6775 |
access to any schedule II controlled substances within the home or | 6776 |
facility for use by its residents. | 6777 |
Sec. 4723.68. (A) A registered nurse, or licensed practical | 6778 |
nurse acting at the direction of a registered nurse, who delegates | 6779 |
medication administration to a medication aide who holds a | 6780 |
current, valid medication aide certificate issued under this | 6781 |
chapter is not liable in damages to any person or government | 6782 |
entity in a civil action for injury, death, or loss to person or | 6783 |
property that allegedly arises from an action or omission of the | 6784 |
medication aide in performing the medication administration, if | 6785 |
the delegating nurse delegates the medication administration in | 6786 |
accordance with this chapter and the rules adopted under this | 6787 |
chapter. | 6788 |
(B) A person employed by a nursing home or residential care | 6789 |
facility that uses medication aides pursuant to section | 6790 |
4723.64 of the Revised Code who reports in good faith a medication | 6791 |
error at the nursing home or residential care facility is not | 6792 |
subject to disciplinary action by the board of nursing or any | 6793 |
other government entity regulating that person's professional | 6794 |
practice and is not liable in damages to any person or government | 6795 |
entity in a civil action for injury, death, or loss to person or | 6796 |
property that allegedly results from reporting the medication | 6797 |
error. | 6798 |
Sec. 4723.69. (A) | 6799 |
6800 | |
6801 | |
sections 4723.61 to 4723.68 of the Revised Code. | 6802 |
6803 | |
adopted under this section shall be adopted in accordance with | 6804 |
Chapter 119. of the Revised Code. | 6805 |
(B) The rules adopted under this section shall establish or | 6806 |
specify all of the following: | 6807 |
(1) Fees, in an amount sufficient to cover the costs the | 6808 |
board incurs in implementing sections 4723.61 to 4723.68 of the | 6809 |
Revised Code, for | 6810 |
6811 | |
medication aide training program; | 6812 |
(2) Requirements to obtain a medication aide certificate that | 6813 |
are not otherwise specified in section 4723.651 of the Revised | 6814 |
Code; | 6815 |
(3) Procedures for renewal of medication aide certificates; | 6816 |
(4) The extent to which the board determines that the reasons | 6817 |
for taking disciplinary actions under section 4723.28 of the | 6818 |
Revised Code are applicable reasons for taking disciplinary | 6819 |
actions under section 4723.652 of the Revised Code against an | 6820 |
applicant for or holder of a medication aide certificate; | 6821 |
(5) | 6822 |
6823 |
| 6824 |
including the examination to be administered by the training | 6825 |
program to test an individual's ability to administer prescription | 6826 |
medications safely; | 6827 |
(6) Standards for approval of continuing education programs | 6828 |
and courses for medication aides; | 6829 |
(7) Reasons for denying, revoking, or suspending approval of | 6830 |
a medication aide training program; | 6831 |
(8) Other standards and procedures the board considers | 6832 |
necessary to implement sections 4723.61 to 4723.68 of the Revised | 6833 |
Code. | 6834 |
Sec. 4723.71. (A) There is hereby established, under the | 6835 |
board of nursing, the advisory group on dialysis. The advisory | 6836 |
group shall advise the board of nursing regarding the | 6837 |
qualifications, standards for training, and competence of dialysis | 6838 |
technicians and dialysis technician interns and all other related | 6839 |
matters | 6840 |
consist of the members appointed under divisions (B) and (C) of | 6841 |
this section. A member of the board of nursing or a representative | 6842 |
appointed by the board shall serve as chairperson of all meetings | 6843 |
of the advisory group. | 6844 |
(B) The board of nursing shall appoint the following as | 6845 |
members of the advisory group: | 6846 |
(1) Four dialysis technicians; | 6847 |
(2) A registered nurse who regularly performs dialysis and | 6848 |
cares for patients who receive dialysis; | 6849 |
(3) A physician, recommended by the state medical board, who | 6850 |
specializes in nephrology; | 6851 |
(4) An administrator of a dialysis center; | 6852 |
(5) A dialysis patient; | 6853 |
(6) A representative of the | 6854 |
6855 |
(7) A representative from the end-stage renal disease | 6856 |
network, as defined in 42 C.F.R. 405.2102. | 6857 |
(C) The members of the advisory group appointed under | 6858 |
division (B) of this section may recommend additional persons to | 6859 |
serve as members of the advisory group. The board of nursing may | 6860 |
appoint, as appropriate, any of the additional persons | 6861 |
recommended. | 6862 |
(D) The board of nursing shall specify the terms for the | 6863 |
advisory group members. Members shall serve at the discretion of | 6864 |
the board of nursing. Members shall receive their actual and | 6865 |
necessary expenses incurred in the performance of their official | 6866 |
duties. | 6867 |
(E) Sections 101.82 to 101.87 of the Revised Code do not | 6868 |
apply to the advisory group. | 6869 |
Sec. 4723.72. (A) A dialysis technician or dialysis | 6870 |
technician intern may engage in dialysis care by doing the | 6871 |
following: | 6872 |
(1) Performing and monitoring dialysis procedures, including | 6873 |
initiating, monitoring, and discontinuing dialysis; | 6874 |
(2) Drawing blood; | 6875 |
(3) Administering | 6876 |
division (C) of this section when the administration is essential | 6877 |
to the dialysis process; | 6878 |
(4) Responding to complications that arise during dialysis. | 6879 |
(B) | 6880 |
section, a dialysis technician or dialysis technician intern may | 6881 |
provide the dialysis care specified in division (A) of this | 6882 |
section only if the care has been delegated to the technician or | 6883 |
intern by a physician or registered nurse and the technician or | 6884 |
intern is under the supervision of a physician or registered | 6885 |
nurse. Supervision requires that the dialysis technician or | 6886 |
dialysis technician intern be in the immediate presence of a | 6887 |
physician or registered nurse | 6888 |
(2) In accordance with division (E) of section 4723.73 of the | 6889 |
Revised Code, a dialysis technician intern shall not provide | 6890 |
dialysis care in a patient's home. | 6891 |
(3) In the case of dialysis care provided in a patient's home | 6892 |
by a dialysis technician,
| 6893 |
apply: | 6894 |
(a) The technician shall be supervised in accordance with the | 6895 |
rules adopted under section 4723.79 of the Revised Code for | 6896 |
supervision of dialysis technicians who provide dialysis care in a | 6897 |
patient's home. | 6898 |
(b) Division (D)(5) of section 4723.73 of the Revised Code | 6899 |
does not allow a dialysis technician who provides dialysis care in | 6900 |
a patient's home to provide dialysis care that is not authorized | 6901 |
under this section. | 6902 |
(C) A dialysis technician or dialysis technician intern may | 6903 |
administer | 6904 |
a licensed health professional authorized to prescribe drugs as | 6905 |
defined in section 4729.01 of the Revised Code and in accordance | 6906 |
with the standards for the delegation of dialysis care | 6907 |
established in division (B) of this section and in rules adopted | 6908 |
under section 4723.79 of the Revised Code | 6909 |
6910 |
(1) Intradermal lidocaine or other single therapeutically | 6911 |
equivalent local anesthetic for the purpose of initiating dialysis | 6912 |
treatment; | 6913 |
(2) Intravenous heparin or other single therapeutically | 6914 |
equivalent anticoagulant for the purpose of initiating and | 6915 |
maintaining dialysis treatment; | 6916 |
(3) Intravenous normal saline; | 6917 |
(4) Patient-specific dialysate, to which the | 6918 |
technician or intern may add electrolytes but no other additives | 6919 |
or medications; | 6920 |
(5) Oxygen | 6921 |
6922 |
Sec. 4723.73. (A) No person | 6923 |
6924 | |
current, valid certificate issued under section 4723.75 or renewed | 6925 |
under section 4723.77 | 6926 |
6927 | |
of the following: | 6928 |
(1) Claim to the public to be a dialysis technician; | 6929 |
| 6930 |
dialysis technician," the initials "OCDT," or any other title or | 6931 |
initials to represent that the person is authorized to perform | 6932 |
dialysis care as a | 6933 |
6934 | |
6935 |
| 6936 |
technician intern certificate issued under section 4723.76 of the | 6937 |
Revised Code shall | 6938 |
(1) Claim to the public to be a dialysis technician intern; | 6939 |
(2) Use the title | 6940 |
initials "DTI," or any other title or initials to represent that | 6941 |
the person is authorized to perform dialysis care as a
| 6942 |
6943 | |
6944 | |
6945 |
| 6946 |
shall engage in dialysis care in a manner that is inconsistent | 6947 |
with section 4723.72 of the Revised Code. | 6948 |
| 6949 |
technician intern shall engage in the dialysis care that is | 6950 |
authorized by section 4723.72 of the Revised Code, unless the | 6951 |
person is one or more of the following | 6952 |
(1) | 6953 |
nurse | 6954 |
(2) | 6955 |
(3) | 6956 |
the supervision of an instructor as an integral part of a dialysis | 6957 |
training program approved by the board of nursing under section | 6958 |
4723.74 of the Revised Code | 6959 |
(4) | 6960 |
to engage in the dialysis care with little or no professional | 6961 |
assistance by completing a medicare-approved self-dialysis or home | 6962 |
dialysis training program | 6963 |
(5) | 6964 |
patient who engages in self-dialysis or home dialysis, and the | 6965 |
person engages in the dialysis care by assisting the patient in | 6966 |
performing the self-dialysis or home dialysis, after the person | 6967 |
providing the assistance has completed a medicare-approved | 6968 |
self-dialysis or home dialysis training program for the particular | 6969 |
dialysis patient being assisted. | 6970 |
(E) No dialysis technician intern shall do either of the | 6971 |
following: | 6972 |
(1) Serve as a trainer or preceptor in a dialysis training | 6973 |
program; | 6974 |
(2) Provide dialysis care in a patient's home. | 6975 |
(F) No person shall operate a dialysis training program, | 6976 |
unless the program is approved by the board of nursing under | 6977 |
section 4723.74 of the Revised Code. | 6978 |
Sec. 4723.74. (A) A person who seeks to operate a dialysis | 6979 |
training program shall apply to the board of nursing for approval | 6980 |
of the program. Applications shall be submitted in accordance with | 6981 |
rules adopted under section 4723.79 of the Revised Code. The | 6982 |
person shall include with the application the fee prescribed in | 6983 |
those rules. If the program meets the requirements for approval as | 6984 |
specified in the rules, the board shall approve the program. A | 6985 |
program shall apply for reapproval and may be reapproved in | 6986 |
accordance with rules adopted under section 4723.79 of the Revised | 6987 |
Code. | 6988 |
(B) The board may place on provisional approval, for a period | 6989 |
of time it specifies, a dialysis training program that has ceased | 6990 |
to meet and maintain the minimum standards of the board | 6991 |
established by rules adopted under section 4723.79 of the Revised | 6992 |
Code. Prior to or at the end of the period, the board shall | 6993 |
reconsider whether the program meets the standards. The board | 6994 |
shall grant full approval if the program meets the standards. If | 6995 |
the program does not meet the standards, the board may withdraw | 6996 |
approval in accordance with division (C) of this section. | 6997 |
(C) The board may withdraw the approval of a program that | 6998 |
ceases to meet the requirements for approval. Any action to | 6999 |
withdraw the approval shall be taken in accordance with Chapter | 7000 |
119. of the Revised Code. | 7001 |
| 7002 |
enroll, and shall not enroll, in a dialysis training program | 7003 |
approved by the board under
| 7004 |
the | 7005 |
possesses a high school diploma or high school equivalence | 7006 |
diploma. | 7007 |
Sec. 4723.75. (A) The board of nursing shall issue a | 7008 |
certificate to practice as a dialysis technician to | 7009 |
applicant who meets | 7010 |
(1) For all | 7011 |
application is submitted to the board in accordance with rules | 7012 |
adopted under section 4723.79 of the Revised Code and includes | 7013 |
7014 |
(a) The fee established in
| 7015 |
4723.79 of the Revised Code; | 7016 |
(b) The name and address of each approved dialysis training | 7017 |
program in which the applicant has enrolled and the dates during | 7018 |
which the applicant was enrolled in each program. | 7019 |
(2) For all | 7020 |
the requirements established by the board's rules. | 7021 |
(3) For all | 7022 |
demonstrates competency to practice as a dialysis technician, as | 7023 |
specified
| 7024 |
(4) For | 7025 |
program on or after June 1, 2003, the results of a criminal | 7026 |
records check | 7027 |
7028 | |
7029 | |
7030 | |
7031 | |
7032 | |
7033 | |
7034 | |
7035 | |
conducted in accordance with section 4723.091 of the Revised Code | 7036 |
demonstrate that the applicant is not ineligible for certification | 7037 |
as specified in section 4723.092 of the Revised Code. | 7038 |
(B) For | 7039 |
practice as a dialysis technician, one of the following must | 7040 |
apply: | 7041 |
(1) The | 7042 |
| 7043 |
dialysis training program approved by the board under section | 7044 |
4723.74 of the Revised Code | 7045 |
| 7046 |
the following requirements: | 7047 |
(a) Has performed dialysis care | 7048 |
for not less than twelve months immediately prior to the date of | 7049 |
application | 7050 |
| 7051 |
(b) Has passed a certification examination demonstrating | 7052 |
competence to perform dialysis care | 7053 |
7054 | |
successfully completing a dialysis training program approved by | 7055 |
the board under section 4723.74 of the Revised Code. | 7056 |
7057 | |
7058 | |
7059 | |
7060 | |
7061 | |
7062 | |
7063 | |
7064 | |
7065 | |
7066 | |
7067 | |
7068 |
(2) The | 7069 |
| 7070 |
7071 | |
7072 | |
7073 | |
7074 | |
7075 |
| 7076 |
7077 | |
7078 | |
7079 |
| 7080 |
7081 | |
7082 | |
7083 | |
7084 | |
7085 | |
all of the following: | 7086 |
(a) Has a testing organization approved by the board submit | 7087 |
evidence satisfactory to the board that the applicant passed an | 7088 |
examination, in another jurisdiction, that demonstrates the | 7089 |
applicant's competence to provide dialysis care; | 7090 |
(b) Submits evidence satisfactory to the board that the | 7091 |
applicant has been employed to perform dialysis care in another | 7092 |
jurisdiction for not less than twelve months immediately prior to | 7093 |
the date of application for certification under this section; | 7094 |
(c) Submits evidence satisfactory to the board that the | 7095 |
applicant completed at least two hours of education directly | 7096 |
related to this chapter and the rules adopted under it. | 7097 |
(C) | 7098 |
7099 | |
7100 | |
7101 | |
7102 | |
7103 | |
7104 | |
7105 | |
7106 | |
7107 | |
7108 | |
7109 | |
7110 | |
7111 | |
7112 | |
7113 | |
7114 |
| 7115 |
7116 | |
7117 | |
7118 | |
7119 |
| 7120 |
7121 | |
7122 | |
7123 | |
7124 |
| 7125 |
7126 | |
An applicant who does not pass the certification examination | 7127 |
described in division (B)(1)(b) of this section within the time | 7128 |
period prescribed in that division may continue to pursue | 7129 |
certification by repeating the entire training and application | 7130 |
process, including doing all of the following: | 7131 |
(1) Enrolling in and successfully completing a dialysis | 7132 |
training program approved by the board; | 7133 |
(2) Submitting a request to the bureau of criminal | 7134 |
identification and investigation for a criminal records check and | 7135 |
check of federal bureau of investigation records pursuant to | 7136 |
section 4723.091 of the Revised Code; | 7137 |
(3) Submitting an application for a dialysis technician | 7138 |
intern certificate in accordance with section 4723.76 of the | 7139 |
Revised Code; | 7140 |
(4) Demonstrating competence to perform dialysis care in | 7141 |
accordance with division (B) of this section. | 7142 |
Sec. 4723.751. | 7143 |
dialysis technician certification examinations itself or, in | 7144 |
accordance with rules adopted under section 4723.79 of the Revised | 7145 |
Code, approve testing organizations to conduct the examinations. | 7146 |
If it conducts the examinations, the board may use all or part of | 7147 |
a standard examination created by a testing organization approved | 7148 |
by the board. Regardless of who conducts it, the examination shall | 7149 |
cover all of the subjects specified in rules adopted under section | 7150 |
4723.79 of the Revised Code. | 7151 |
| 7152 |
7153 | |
7154 | |
7155 |
Sec. 4723.76. (A) The board of nursing shall issue a | 7156 |
7157 | |
to | 7158 |
technician certification examination required by section 4723.751 | 7159 |
of the Revised Code, but who
| 7160 |
requirements: | 7161 |
(1) | 7162 |
with rules adopted under section 4723.79 of the Revised Code and | 7163 |
includes with the application | 7164 |
(a) The fee established in | 7165 |
4723.79 of the Revised Code; | 7166 |
(b) The name and address of all dialysis training programs | 7167 |
approved by the board in which the applicant has been enrolled and | 7168 |
the dates of enrollment in each program. | 7169 |
(2) | 7170 |
7171 | |
7172 |
(3) | 7173 |
| 7174 |
training program approved by the board of nursing under section | 7175 |
4723.74 of the Revised Code. | 7176 |
| 7177 |
7178 | |
7179 |
| 7180 |
7181 | |
7182 | |
7183 |
(B) A | 7184 |
to | 7185 |
division (A) | 7186 |
that is eighteen months from the date on which the
| 7187 |
applicant successfully completed a dialysis training program | 7188 |
approved by the board under section 4723.74 of the Revised Code, | 7189 |
minus the time the applicant was enrolled in one or more dialysis | 7190 |
training programs approved by the board. | 7191 |
| 7192 |
7193 | |
7194 | |
7195 |
| 7196 |
7197 | |
7198 | |
7199 | |
7200 | |
7201 | |
7202 | |
7203 | |
7204 |
(C) A | 7205 |
under this section may not be renewed | 7206 |
7207 | |
7208 | |
7209 | |
7210 | |
7211 | |
7212 |
Sec. 4723.77. A dialysis technician certificate issued under | 7213 |
section 4723.75 of the Revised Code expires biennially and shall | 7214 |
be renewed according to a schedule established by the board of | 7215 |
nursing in rules adopted under section 4723.79 of the Revised | 7216 |
Code. An application for renewal of a dialysis technician | 7217 |
certificate shall be accompanied by the renewal fee established in | 7218 |
rules adopted by the board under section 4723.79 of the Revised | 7219 |
Code. A certificate may be renewed only if, during the period for | 7220 |
which the certificate was issued, the certificate holder satisfied | 7221 |
the continuing education requirements established by the board's | 7222 |
rules. Of the hours of continuing education completed during the | 7223 |
period for which the dialysis technician certificate was issued, | 7224 |
at least one hour of the education must be directly related to the | 7225 |
statutes and rules pertaining to the practice of nursing in this | 7226 |
state or the practice as a dialysis technician in this state. | 7227 |
Sec. 4723.79. The board of nursing shall adopt rules to | 7228 |
administer and enforce sections 4723.71 to 4723.79 of the Revised | 7229 |
Code. The board shall adopt the rules in accordance with Chapter | 7230 |
119. of the Revised Code. The rules shall establish or specify all | 7231 |
of the following: | 7232 |
(A) The application process, fee, and requirements for | 7233 |
approval, reapproval, and withdrawing the approval of a dialysis | 7234 |
training program under section 4723.74 of the Revised Code. The | 7235 |
requirements shall include standards that must be satisfied | 7236 |
regarding curriculum, length of training, and instructions in | 7237 |
patient care. | 7238 |
(B) The application process, fee, and requirements for | 7239 |
issuance of a dialysis technician certificate under section | 7240 |
4723.75 of the Revised Code, except that the amount of the fee | 7241 |
shall be no greater than the fee charged under division (A)(1) of | 7242 |
section 4723.08 of the Revised Code; | 7243 |
(C) The application process, fee, and requirements for | 7244 |
issuance of a | 7245 |
under section 4723.76 of the Revised Code; | 7246 |
(D) The process for approval of testing organizations under | 7247 |
section 4723.751 of the Revised Code; | 7248 |
(E) Subjects to be included in a certification examination | 7249 |
7250 | |
4723.751 of the Revised Code; | 7251 |
(F) The schedule, fees, and continuing education requirements | 7252 |
for renewal of a dialysis technician certificate under section | 7253 |
4723.77 of the Revised Code, except that the amount of the fee for | 7254 |
7255 | |
charged under division (A) | 7256 |
Revised Code
| 7257 |
7258 |
(G) Standards | 7259 |
7260 | |
7261 | |
7262 | |
approval of continuing education programs and courses for dialysis | 7263 |
technicians; | 7264 |
(H) Standards for the administration of medication by | 7265 |
dialysis technicians and dialysis technician interns under section | 7266 |
4723.72 of the Revised Code; | 7267 |
(I) | 7268 |
7269 |
| 7270 |
technicians who provide dialysis care in a patient's home, | 7271 |
including monthly home visits by a registered nurse to monitor the | 7272 |
quality of the dialysis care; | 7273 |
| 7274 |
administration and enforcement of sections 4723.71 to 4723.79 of | 7275 |
the Revised Code. | 7276 |
Sec. 4723.83. | 7277 |
worker certificate shall submit an application to the board of | 7278 |
nursing on forms the board shall prescribe and furnish. The | 7279 |
applicant shall include all information the board requires to | 7280 |
process the application. The application shall be accompanied by | 7281 |
the fee established in rules adopted under section 4723.88 of the | 7282 |
Revised Code. | 7283 |
| 7284 |
7285 | |
7286 | |
7287 | |
7288 | |
7289 | |
7290 | |
7291 | |
7292 | |
7293 | |
7294 | |
7295 | |
7296 | |
7297 | |
7298 | |
7299 |
| 7300 |
7301 | |
7302 | |
7303 | |
7304 |
| 7305 |
7306 | |
7307 |
| 7308 |
7309 |
Sec. 4723.84. (A) To be eligible to receive a community | 7310 |
health worker certificate, an applicant shall meet all of the | 7311 |
following conditions: | 7312 |
(1) Be eighteen years of age or older; | 7313 |
(2) Possess a high school diploma or the equivalent of a high | 7314 |
school diploma, as determined by the board; | 7315 |
(3) Except as provided in division (B) of this section, | 7316 |
successfully complete a community health worker training program | 7317 |
approved by the board under section 4723.87 of the Revised Code; | 7318 |
(4) | 7319 |
7320 | |
7321 | |
7322 | |
7323 | |
7324 | |
7325 | |
7326 | |
in section 4723.092 of the Revised Code; | 7327 |
(5) Not have committed any act that is grounds for | 7328 |
disciplinary action under section 3123.47 of the Revised Code or | 7329 |
rules adopted under division (F) of section 4723.88 of the Revised | 7330 |
Code or, if such an act has been committed, be determined by the | 7331 |
board to have made restitution, been rehabilitated, or both; | 7332 |
(6) Not be required to register under Chapter 2950. of the | 7333 |
Revised Code or a substantially similar law of another state, the | 7334 |
United States, or another country; | 7335 |
(7) Meet all other requirements the board specifies in rules | 7336 |
adopted under section 4723.88 of the Revised Code. | 7337 |
(B) In lieu of meeting the condition of completing a | 7338 |
community health worker training program, an applicant may be | 7339 |
issued a community health worker certificate if the individual was | 7340 |
employed in a capacity substantially the same as a community | 7341 |
health worker | 7342 |
7343 | |
division, an applicant must meet the requirements specified in | 7344 |
rules adopted by the board under section 4723.88 of the Revised | 7345 |
Code and provide documentation from the employer attesting to the | 7346 |
employer's belief that the applicant is competent to perform | 7347 |
activities as a certified community health worker. | 7348 |
Sec. 4723.87. (A) A person or government entity seeking to | 7349 |
operate a training program that prepares individuals to become | 7350 |
certified community health workers shall submit an application to | 7351 |
the board of nursing on forms the board shall prescribe and | 7352 |
furnish. The applicant shall include all information the board | 7353 |
requires to process the application. The application shall be | 7354 |
accompanied by the fee established in rules adopted under section | 7355 |
4723.87 of the Revised Code. | 7356 |
The board shall review all applications received. If an | 7357 |
applicant meets the standards for approval established in the | 7358 |
board's rules adopted under section 4723.88 of the Revised Code, | 7359 |
the board shall approve the program. | 7360 |
(B) The board's approval of a training program expires | 7361 |
biennially and may be renewed in accordance with the schedule and | 7362 |
procedures established by the board in rules adopted under section | 7363 |
4723.88 of the Revised Code. | 7364 |
(C) If an approved community health worker training program | 7365 |
ceases to meet the standards for approval, the board shall | 7366 |
withdraw its approval of the program, refuse to renew its approval | 7367 |
of the program, or place the program on provisional approval. In | 7368 |
withdrawing or refusing to renew its approval, the board shall act | 7369 |
in accordance with Chapter 119. of the Revised Code. In placing a | 7370 |
program on provisional approval, the board shall specify the | 7371 |
period of time during which the provisional approval is valid. | 7372 |
Prior to or at the end of the period, the board shall reconsider | 7373 |
whether the program meets the standards for approval. If the | 7374 |
program meets the standards for approval, the board shall | 7375 |
reinstate its full approval of the program or renew its approval | 7376 |
of the program. If the program does not meet the standards for | 7377 |
approval, the board shall proceed by withdrawing or refusing to | 7378 |
renew its approval of the program. | 7379 |
Sec. 4723.88. The board of nursing, in accordance with | 7380 |
Chapter 119. of the Revised Code, shall adopt rules to administer | 7381 |
and enforce sections 4723.81 to 4723.87 of the Revised Code. The | 7382 |
rules shall establish all of the following: | 7383 |
(A) Standards and procedures for issuance of community health | 7384 |
worker certificates; | 7385 |
(B) Standards for evaluating the competency of an individual | 7386 |
who applies to receive a certificate on the basis of having been | 7387 |
employed in a capacity substantially the same as a community | 7388 |
health worker before the board implemented the certification | 7389 |
program; | 7390 |
(C) Standards and procedures for renewal of community health | 7391 |
worker certificates, including the continuing education | 7392 |
requirements that must be met for renewal; | 7393 |
(D) Standards governing the performance of activities related | 7394 |
to nursing care that are delegated by a registered nurse to | 7395 |
certified community health workers. In establishing the standards, | 7396 |
the board shall specify limits on the number of certified | 7397 |
community health workers a registered nurse may supervise at any | 7398 |
one time. | 7399 |
(E) Standards and procedures for assessing the quality of the | 7400 |
services that are provided by certified community health workers; | 7401 |
(F) Standards and procedures for denying, suspending, and | 7402 |
revoking a community health worker certificate, including reasons | 7403 |
for imposing the sanctions that are substantially similar to the | 7404 |
reasons that sanctions are imposed under section 4723.28 of the | 7405 |
Revised Code; | 7406 |
(G) Standards and procedures for approving and renewing the | 7407 |
board's approval of training programs that prepare individuals to | 7408 |
become certified community health workers. In establishing the | 7409 |
standards, the board shall specify the minimum components that | 7410 |
must be included in a training program, shall require that all | 7411 |
approved training programs offer the standardized curriculum, and | 7412 |
shall ensure that the curriculum enables individuals to use the | 7413 |
training as a basis for entering programs leading to other | 7414 |
careers, including nursing education programs. | 7415 |
(H) Standards for approval of continuing education programs | 7416 |
and courses for certified community health workers; | 7417 |
(I) Standards and procedures for withdrawing the board's | 7418 |
approval of a training program, refusing to renew the approval of | 7419 |
a training program, and placing a training program on provisional | 7420 |
approval; | 7421 |
| 7422 |
division (A) | 7423 |
| 7424 |
necessary and appropriate for the administration and enforcement | 7425 |
of sections 4723.81 to 4723.87 of the Revised Code. | 7426 |
Sec. 4723.99. (A) Except as provided in division (B) of this | 7427 |
section, whoever violates section 4723.03, 4723.44, 4723.653, or | 7428 |
4723.73 of the Revised Code is guilty of a felony of the fifth | 7429 |
degree on a first offense and a felony of the fourth degree on | 7430 |
each subsequent offense. | 7431 |
(B)
| 7432 |
(1) A registered nurse or licensed practical nurse who | 7433 |
violates division (A) or (B) of section 4723.03 of the Revised | 7434 |
Code by reason of a license to practice nursing that has lapsed | 7435 |
for failure to renew or by practicing nursing after a license has | 7436 |
been classified as inactive | 7437 |
(2) A medication aide who violates section 4723.653 of the | 7438 |
Revised Code by reason of a medication aide certificate that has | 7439 |
lapsed for failure to renew or by administering medication as a | 7440 |
medication aide after a certificate has been classified as | 7441 |
inactive. | 7442 |
Sec. 4752.02. (A) Except as provided in division (B) of this | 7443 |
section, no person shall provide home medical equipment services | 7444 |
or claim to the public to be a home medical equipment services | 7445 |
provider unless either of the following is the case: | 7446 |
(1) The person holds a valid license issued under this | 7447 |
chapter; | 7448 |
(2) The person holds a valid certificate of registration | 7449 |
issued under this chapter. | 7450 |
(B) Division (A) of this section does not apply to any of the | 7451 |
following: | 7452 |
(1) A health care practitioner, as defined in section 4769.01 | 7453 |
of the Revised Code, who does not sell or rent home medical | 7454 |
equipment; | 7455 |
(2) A hospital that provides home medical equipment services | 7456 |
only as an integral part of patient care and does not provide the | 7457 |
services through a separate entity that has its own medicare or | 7458 |
medicaid provider number; | 7459 |
(3) A manufacturer or wholesale distributor of home medical | 7460 |
equipment that does not sell directly to the public; | 7461 |
(4) A hospice care program or pediatric respite care program, | 7462 |
as defined by section 3712.01 of the Revised Code, that does not | 7463 |
sell or rent home medical equipment; | 7464 |
(5) A home, as defined by section 3721.01 of the Revised | 7465 |
Code; | 7466 |
(6) A home health agency that is certified under Title XVIII | 7467 |
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, | 7468 |
as a provider of home health services and does not sell or rent | 7469 |
home medical equipment; | 7470 |
(7) An individual who holds a current, valid license issued | 7471 |
under Chapter 4741. of the Revised Code to practice veterinary | 7472 |
medicine; | 7473 |
(8) An individual who holds a current, valid license issued | 7474 |
under Chapter 4779. of the Revised Code to practice orthotics, | 7475 |
prosthetics, or pedorthics; | 7476 |
(9) A pharmacy licensed under Chapter 4729. of the Revised | 7477 |
Code that either does not sell or rent home medical equipment or | 7478 |
receives total payments of less than ten thousand dollars per year | 7479 |
from selling or renting home medical equipment; | 7480 |
(10) A home dialysis equipment provider regulated by federal | 7481 |
law. | 7482 |
Sec. 4759.01. As used in this chapter: | 7483 |
(A) " | 7484 |
following: | 7485 |
(1) Nutritional assessment to determine nutritional needs and | 7486 |
to recommend appropriate nutritional intake, including enteral and | 7487 |
parenteral nutrition; | 7488 |
(2) Nutritional counseling or education as components of | 7489 |
preventive, curative, and restorative health care; | 7490 |
(3) Development, administration, evaluation, and consultation | 7491 |
regarding nutritional care standards. | 7492 |
(B) " | 7493 |
and dietetics" means the national professional organization | 7494 |
7495 | |
7496 | |
successor organization that serves in an equivalent capacity. | 7497 |
(C) "Commission on dietetic registration" means the | 7498 |
7499 | |
7500 | |
serves as the credentialing agency for the academy of nutrition | 7501 |
and dietetics. | 7502 |
(D) "Ohio academy of nutrition and dietetics" means the state | 7503 |
professional organization known by that name or a successor | 7504 |
organization that serves in an equivalent capacity. | 7505 |
Sec. 4759.03. There is hereby created the Ohio board of | 7506 |
dietetics consisting of five members appointed by the governor | 7507 |
with the advice and consent of the senate. The Ohio | 7508 |
7509 | |
of five names for each position or vacancy on the board to be | 7510 |
filled by a dietitian, and the governor may make | 7511 |
appointments from the persons so recommended or from other | 7512 |
persons. | 7513 |
Within thirty days of
| 7514 |
1, 1987, the governor shall make initial appointments to the | 7515 |
board. Of the initial appointments, one shall be for a term ending | 7516 |
one year after
| 7517 |
one shall be for a term ending two years after
| 7518 |
7519 | |
years after
| 7520 |
shall be for a term ending four years after
| 7521 |
7522 | |
years after
| 7523 |
Thereafter, terms of office shall be for five years, each term | 7524 |
ending on the same day of the same month as did the term which it | 7525 |
succeeds. Each member shall hold office from the date of | 7526 |
appointment until the end of the term for which | 7527 |
appointed. The governor shall appoint a member to fill a vacancy | 7528 |
in the manner prescribed for filling the position in which the | 7529 |
vacancy occurs. Any member appointed to fill a vacancy occurring | 7530 |
prior to the expiration of the term for which | 7531 |
predecessor was appointed shall hold office for the remainder of | 7532 |
the term. Any member shall continue in office subsequent to the | 7533 |
expiration date of | 7534 |
takes office, or until a period of sixty days has elapsed, | 7535 |
whichever occurs first. | 7536 |
Members of the board may be removed by the governor for | 7537 |
malfeasance, misfeasance, or nonfeasance after an adjudication | 7538 |
hearing pursuant to Chapter 119. of the Revised Code. Members may | 7539 |
not be appointed to a second term unless a period of five years | 7540 |
has passed since the expiration of the first term, except that | 7541 |
members appointed for less than a five-year term or appointed to | 7542 |
fill an unexpired term may be appointed for one full term of five | 7543 |
years immediately following the end of the term for which | 7544 |
member was first appointed. | 7545 |
Three members of the board shall be dietitians who have been | 7546 |
actively engaged in the practice of dietetics in the state for at | 7547 |
least five years immediately preceding their appointment; one | 7548 |
member shall be an educator with a doctoral degree who holds a | 7549 |
regular faculty appointment in a program that prepares students to | 7550 |
meet the requirements of division (A)(5) of section 4759.06 of the | 7551 |
Revised Code; and one member shall be a member of the general | 7552 |
public who is not and never has been a dietitian, is not a member | 7553 |
of the immediate family of a dietitian, does not have a financial | 7554 |
interest in the provision of goods or services to dietitians, and | 7555 |
is not engaged in any activity related to the practice of | 7556 |
dietetics. | 7557 |
Each member of the board shall receive an amount fixed | 7558 |
pursuant to division (J) of section 124.15 of the Revised Code for | 7559 |
each day, or portion thereof, | 7560 |
discharge of | 7561 |
actual and necessary expenses incurred in the performance of those | 7562 |
duties. | 7563 |
Sec. 4759.05. The Ohio board of dietetics shall: | 7564 |
(A) Adopt, amend, or rescind rules pursuant to Chapter 119. | 7565 |
of the Revised Code to carry out the provisions of this chapter, | 7566 |
including rules governing the following: | 7567 |
(1) Selection and approval of a dietitian licensure | 7568 |
examination offered by the commission on dietetic registration or | 7569 |
any other examination; | 7570 |
(2) The examination of applicants for licensure as a | 7571 |
dietitian, to be held at least twice annually, as required under | 7572 |
division (A) of section 4759.06 of the Revised Code; | 7573 |
(3) Requirements for pre-professional dietetic experience of | 7574 |
applicants for licensure as a dietitian that are at least | 7575 |
equivalent to the requirements adopted by the commission on | 7576 |
dietetic registration; | 7577 |
(4) Requirements for a person holding a limited permit under | 7578 |
division (F) of section 4759.06 of the Revised Code, including the | 7579 |
duration of validity of a limited permit; | 7580 |
(5) Requirements for a licensed dietitian who places a | 7581 |
license in inactive status under division (G) of section 4759.06 | 7582 |
of the Revised Code, including a procedure for changing inactive | 7583 |
status to active status; | 7584 |
(6) Continuing education requirements for renewal of a | 7585 |
license, except that the board may adopt rules to waive the | 7586 |
requirements for a person who is unable to meet the requirements | 7587 |
due to illness or other reasons. Rules adopted under this division | 7588 |
shall be consistent with the continuing education requirements | 7589 |
adopted by the commission on dietetic registration. | 7590 |
(7) Any additional education requirements the board considers | 7591 |
necessary, for applicants who have not practiced dietetics within | 7592 |
five years of the initial date of application for licensure; | 7593 |
(8) Standards of professional responsibility and practice for | 7594 |
persons licensed under this chapter that are consistent with those | 7595 |
standards of professional responsibility and practice adopted by | 7596 |
the | 7597 |
dietetics; | 7598 |
(9) Formulation of a written application form for licensure | 7599 |
or license renewal that includes the statement that any applicant | 7600 |
who knowingly makes a false statement on the application is guilty | 7601 |
of a misdemeanor of the first degree under section 2921.13 of the | 7602 |
Revised Code; | 7603 |
(10) Procedures for license renewal; | 7604 |
(11) Establishing a time period after the notification of a | 7605 |
violation of section 4759.02 of the Revised Code, by which the | 7606 |
person notified must request a hearing by the board under section | 7607 |
4759.09 of the Revised Code; | 7608 |
(12) Requirements for criminal records checks of applicants | 7609 |
under section 4776.03 of the Revised Code. | 7610 |
(B) Investigate alleged violations of sections 4759.02 to | 7611 |
4759.10 of the Revised Code. In making its investigations, the | 7612 |
board may issue subpoenas, examine witnesses, and administer | 7613 |
oaths. | 7614 |
(C) Adopt a seal; | 7615 |
(D) Conduct meetings and keep records as are necessary to | 7616 |
carry out the provisions of this chapter; | 7617 |
(E) Publish, and make available to the public, upon request | 7618 |
and for a fee not to exceed the actual cost of printing and | 7619 |
mailing, the board's rules and requirements for licensure adopted | 7620 |
under division (A) of this section and a record of all persons | 7621 |
licensed under section 4759.06 of the Revised Code. | 7622 |
Sec. 4759.06. (A) The Ohio board of dietetics shall issue or | 7623 |
renew a license to practice dietetics to an applicant who: | 7624 |
(1) Has satisfactorily completed an application for licensure | 7625 |
in accordance with division (A) of section 4759.05 of the Revised | 7626 |
Code; | 7627 |
(2) Has paid the fee required under division (A) of section | 7628 |
4759.08 of the Revised Code; | 7629 |
(3) Is a resident of the state or performs or plans to | 7630 |
perform dietetic services within the state; | 7631 |
(4) Is of good moral character; | 7632 |
(5) Has received a baccalaureate or higher degree from an | 7633 |
institution of higher education that is approved by the board or a | 7634 |
regional accreditation agency that is recognized by the council on | 7635 |
postsecondary accreditation, and has completed a program | 7636 |
consistent with the academic standards for dietitians established | 7637 |
by the | 7638 |
dietetics; | 7639 |
(6) Has successfully completed a pre-professional dietetic | 7640 |
experience approved by the | 7641 |
of nutrition and dietetics, or experience approved by the board | 7642 |
under division (A)(3) of section 4759.05 of the Revised Code; | 7643 |
(7) Has passed the examination approved by the board under | 7644 |
division (A)(1) of section 4759.05 of the Revised Code; | 7645 |
(8) Is an applicant for renewal of a license, and has | 7646 |
fulfilled the continuing education requirements adopted under | 7647 |
division (A)(6) of section 4759.05 of the Revised Code. | 7648 |
(B) The board shall waive the requirements of divisions | 7649 |
(A)(5), (6), and (7) of this section and any rules adopted under | 7650 |
division (A)(7) of section 4759.05 of the Revised Code if the | 7651 |
applicant presents satisfactory evidence to the board of current | 7652 |
registration as a registered dietitian with the commission on | 7653 |
dietetic registration. | 7654 |
(C) The board shall waive the requirements of division (A)(7) | 7655 |
of this section if the application for renewal is made within two | 7656 |
years after the date of license expiration. | 7657 |
(D) The board may waive the requirements of division (A)(5), | 7658 |
(6), or (7) of this section or any rules adopted under division | 7659 |
(A)(7) of section 4759.05 of the Revised Code, if the applicant | 7660 |
presents satisfactory evidence of education, experience, or | 7661 |
passing an examination in another state or a foreign country, that | 7662 |
the board considers the equivalent of the requirements stated in | 7663 |
those divisions or rules. | 7664 |
(E) The board shall issue an initial license to practice | 7665 |
dietetics to an applicant who meets the requirements of division | 7666 |
(A) of this section. An initial license shall be valid from the | 7667 |
date of issuance through the thirtieth day of June following | 7668 |
issuance of the license. Each subsequent license shall be valid | 7669 |
from the first day of July through the thirtieth day of June. The | 7670 |
board shall renew the license of an applicant who is licensed to | 7671 |
practice dietetics and who meets the continuing education | 7672 |
requirements of division (A)(6) of section 4759.05 of the Revised | 7673 |
Code. The renewal shall be pursuant to the standard renewal | 7674 |
procedure of sections 4745.01 to 4745.03 of the Revised Code. | 7675 |
(F) The board may grant a limited permit to a person who has | 7676 |
completed the education and pre-professional requirements of | 7677 |
divisions (A)(5) and (6) of this section and who presents evidence | 7678 |
to the board of having applied to take the examination approved by | 7679 |
the board under division (A)(1) of section 4759.05 of the Revised | 7680 |
Code. A person holding a limited permit who has failed the | 7681 |
examination shall practice only under the direct supervision of a | 7682 |
licensed dietitian. | 7683 |
(G) A licensed dietitian may place the license in inactive | 7684 |
status. | 7685 |
Sec. 4759.10. Sections 4759.01 to 4759.09 of the Revised | 7686 |
Code do not apply to any of the following: | 7687 |
(A) A person licensed under Chapters 4701. to 4755. of the | 7688 |
Revised Code who is acting within the scope of the person's | 7689 |
profession, provided that the person complies with division (B) of | 7690 |
section 4759.02 of the Revised Code; | 7691 |
(B) A person who is a graduate of an associate degree program | 7692 |
approved by the | 7693 |
and dietetics or the Ohio board of dietetics who is working as a | 7694 |
dietetic technician under the supervision of a dietitian licensed | 7695 |
under section 4759.06 of the Revised Code or registered by the | 7696 |
commission on dietetic registration, except that the person is | 7697 |
subject to division (B) of section 4759.02 of the Revised Code if | 7698 |
the person uses a title other than "dietetic technician"; | 7699 |
(C) A person who practices dietetics related to employment in | 7700 |
the armed forces, veteran's administration, or the public health | 7701 |
service of the United States; | 7702 |
(D) Persons employed by a nonprofit agency approved by the | 7703 |
board or by a federal, state, municipal or county government, or | 7704 |
by any other political subdivision, elementary or secondary | 7705 |
school, or an institution of higher education approved by the | 7706 |
board or by a regional agency recognized by the council on | 7707 |
postsecondary accreditation, who performs only nutritional | 7708 |
education activities and such other nutritional activities as the | 7709 |
board of dietetics, by rule, permits, provided the person does not | 7710 |
violate division (B) of section 4759.02 of the Revised Code; | 7711 |
(E) A person who has completed a program meeting the academic | 7712 |
standards set | 7713 |
by the academy of nutrition and dietetics, received a | 7714 |
baccalaureate or higher degree from a school, college, or | 7715 |
university approved by a regional accreditation agency recognized | 7716 |
by the council on postsecondary accreditation, works under the | 7717 |
supervision of a licensed dietitian or registered dietitian, and | 7718 |
does not violate division (B) of section 4759.02 of the Revised | 7719 |
Code; | 7720 |
(F) A person when acting, under the direction and supervision | 7721 |
of a person licensed under Chapters 4701. to 4755. of the Revised | 7722 |
Code, in the execution of a plan of treatment authorized by the | 7723 |
licensed person, provided the person complies with division (B) of | 7724 |
section 4759.02 of the Revised Code; | 7725 |
(G) The free dissemination of literature in the state; | 7726 |
(H) Provided that the persons involved in the sale, | 7727 |
promotion, or explanation of the sale of food, food materials, or | 7728 |
dietary supplements do not violate division (B) of section 4759.02 | 7729 |
of the Revised Code, the sale of food, food materials, or dietary | 7730 |
supplements and the marketing and distribution of food, food | 7731 |
materials, or dietary supplements and the promotion or explanation | 7732 |
of the use of food, food materials, or dietary supplements | 7733 |
provided that the promotion or explanation does not violate | 7734 |
Chapter 1345. of the Revised Code; | 7735 |
(I) A person who offers dietary supplements for sale and who | 7736 |
makes the following statements about the product if the statements | 7737 |
are consistent with the dietary supplement's label or labeling: | 7738 |
(1) Claim a benefit related to a classical nutrient | 7739 |
deficiency disease and disclose the prevalence of the disease in | 7740 |
the United States; | 7741 |
(2) Describe the role of a nutrient or dietary ingredient | 7742 |
intended to affect the structure or function of the human body; | 7743 |
(3) Characterize the documented mechanism by which a nutrient | 7744 |
or dietary ingredient acts to maintain the structure or function | 7745 |
of the human body; | 7746 |
(4) Describe general well-being from the consumption of a | 7747 |
nutrient or dietary ingredient. | 7748 |
(J) Provided that the persons involved in presenting a | 7749 |
general program of instruction for weight control do not violate | 7750 |
division (B) of section 4759.02 of the Revised Code, a general | 7751 |
program of instruction for weight control approved in writing by a | 7752 |
licensed dietitian, a physician licensed under Chapter 4731. of | 7753 |
the Revised Code to practice medicine or surgery or osteopathic | 7754 |
medicine or surgery, a person licensed in another state that the | 7755 |
board considers to have substantially equivalent licensure | 7756 |
requirements as this state, or a registered dietitian; | 7757 |
(K) The continued practice of dietetics at a hospital by a | 7758 |
person employed at that same hospital to practice dietetics for | 7759 |
the twenty years immediately prior to July 1, 1987, so long as the | 7760 |
person works under the supervision of a dietitian licensed under | 7761 |
section 4759.06 of the Revised Code and does not violate division | 7762 |
(B) of section 4759.02 of the Revised Code. This division does not | 7763 |
apply to any person who has held a license issued under this | 7764 |
chapter to practice dietetics. As used in this division, | 7765 |
"hospital" has the same meaning as in section 3727.01 of the | 7766 |
Revised Code. | 7767 |
Sec. 5111.222. (A) As used in this section, "low resource | 7768 |
utilization resident" means a medicaid recipient residing in a | 7769 |
nursing facility who, for purposes of calculating the nursing | 7770 |
facility's medicaid reimbursement rate for direct care costs, is | 7771 |
placed in either of the two lowest resource utilization groups, | 7772 |
excluding any resource utilization group that is a default group | 7773 |
used for residents with incomplete assessment data. | 7774 |
(B) Except as otherwise provided by sections 5111.20 to | 7775 |
5111.331 of the Revised Code and by division | 7776 |
section, the total rate that the department of job and family | 7777 |
services shall agree to pay for a fiscal year to the provider of a | 7778 |
nursing facility pursuant to a provider agreement shall equal the | 7779 |
sum of all of the following: | 7780 |
(1) The rate for direct care costs determined for the nursing | 7781 |
facility under section 5111.231 of the Revised Code; | 7782 |
(2) The rate for ancillary and support costs determined for | 7783 |
the nursing facility's ancillary and support cost peer group under | 7784 |
section 5111.24 of the Revised Code; | 7785 |
(3) The rate for tax costs determined for the nursing | 7786 |
facility under section 5111.242 of the Revised Code; | 7787 |
(4) The quality incentive payment paid to the nursing | 7788 |
facility under section 5111.244 of the Revised Code; | 7789 |
(5) If the nursing facility qualifies as a critical access | 7790 |
nursing facility, the critical access incentive payment paid to | 7791 |
the nursing facility under section 5111.246 of the Revised Code; | 7792 |
(6) The rate for capital costs determined for the nursing | 7793 |
facility's capital costs peer group under section 5111.25 of the | 7794 |
Revised Code. | 7795 |
| 7796 |
7797 | |
7798 | |
7799 | |
7800 |
(C) The total rate determined under division (B) of this | 7801 |
section shall not be paid for nursing facility services provided | 7802 |
to low resource utilization residents. Instead, the total rate for | 7803 |
nursing facility services that a nursing facility provides to low | 7804 |
resource utilization residents shall be one hundred thirty dollars | 7805 |
per medicaid day. | 7806 |
(D) In addition to paying a nursing facility provider the | 7807 |
nursing facility's total rate determined | 7808 |
under division
| 7809 |
the department shall pay the provider a quality bonus under | 7810 |
section 5111.245 of the Revised Code for that fiscal year if the | 7811 |
provider's nursing facility is a qualifying nursing facility, as | 7812 |
defined in that section, for that fiscal year. The quality bonus | 7813 |
shall not be part of the total rate. | 7814 |
Sec. 5111.231. (A) As used in this section: | 7815 |
(1) "Applicable calendar year" means the following: | 7816 |
(a) For the purpose of the department of job and family | 7817 |
services' initial determination under division (D) of this section | 7818 |
of each peer group's cost per case-mix unit, calendar year 2003; | 7819 |
(b) For the purpose of the department's rebasings, the | 7820 |
calendar year the department selects. | 7821 |
(2) "Rebasing" means a redetermination under division (D) of | 7822 |
this section of each peer groups' cost per case-mix unit using | 7823 |
information from cost reports for an applicable calendar year that | 7824 |
is later than the applicable calendar year used for the previous | 7825 |
determination of such costs. | 7826 |
(B) The department of job and family services shall pay a | 7827 |
provider for each of the provider's eligible nursing facilities a | 7828 |
per resident per day rate for direct care costs determined | 7829 |
semiannually by multiplying the cost per case-mix unit determined | 7830 |
under division (D) of this section for the facility's peer group | 7831 |
by the facility's semiannual case-mix score determined under | 7832 |
section 5111.232 of the Revised Code. | 7833 |
(C) For the purpose of determining nursing facilities' rate | 7834 |
for direct care costs, the department shall establish three peer | 7835 |
groups. | 7836 |
Each nursing facility located in any of the following | 7837 |
counties shall be placed in peer group one: Brown, Butler, | 7838 |
Clermont, Clinton, Hamilton, and Warren. | 7839 |
Each nursing facility located in any of the following | 7840 |
counties shall be placed in peer group two: Ashtabula, Champaign, | 7841 |
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 7842 |
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 7843 |
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 7844 |
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 7845 |
and Wood. | 7846 |
Each nursing facility located in any of the following | 7847 |
counties shall be placed in peer group three: Adams, Allen, | 7848 |
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 7849 |
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 7850 |
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 7851 |
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 7852 |
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 7853 |
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 7854 |
Washington, Wayne, Williams, and Wyandot. | 7855 |
(D)(1) The department shall determine a cost per case-mix | 7856 |
unit for each peer group established under division (C) of this | 7857 |
section. The department is not required to conduct a rebasing more | 7858 |
than once every ten years. Except as necessary to implement the | 7859 |
amendments made | 7860 |
and Sub. H.B. 303, both of the 129th general assembly, the cost | 7861 |
per case-mix unit determined under this division for a peer group | 7862 |
shall be used for subsequent years until the department conducts a | 7863 |
rebasing. To determine a peer group's cost per case-mix unit, the | 7864 |
department shall do all of the following: | 7865 |
(a) Determine the cost per case-mix unit for each nursing | 7866 |
facility in the peer group for the applicable calendar year by | 7867 |
dividing each facility's desk-reviewed, actual, allowable, per | 7868 |
diem direct care costs for the applicable calendar year by the | 7869 |
facility's annual average case-mix score determined under section | 7870 |
5111.232 of the Revised Code for the applicable calendar year; | 7871 |
(b) Subject to division (D)(2) of this section, identify | 7872 |
which nursing facility in the peer group is at the twenty-fifth | 7873 |
percentile of the cost per case-mix units determined under | 7874 |
division (D)(1)(a) of this section; | 7875 |
(c) Calculate the amount that is two per cent above the cost | 7876 |
per case-mix unit determined under division (D)(1)(a) of this | 7877 |
section for the nursing facility identified under division | 7878 |
(D)(1)(b) of this section; | 7879 |
(d) Using the index specified in division (D)(3) of this | 7880 |
section, multiply the rate of inflation for the eighteen-month | 7881 |
period beginning on the first day of July of the applicable | 7882 |
calendar year and ending the last day of December of the calendar | 7883 |
year immediately following the applicable calendar year by the | 7884 |
amount calculated under division (D)(1)(c) of this section; | 7885 |
(e) Until the first rebasing occurs, add one dollar and | 7886 |
eighty-eight cents to the amount calculated under division | 7887 |
(D)(1)(d) of this section; | 7888 |
(f) Until the first rebasing occurs, increase the amount | 7889 |
calculated under division (D)(1)(e) of this section by five and | 7890 |
eight hundredths per cent. | 7891 |
(2) In making the identification under division (D)(1)(b) of | 7892 |
this section, the department shall exclude both of the following: | 7893 |
(a) Nursing facilities that participated in the medicaid | 7894 |
program under the same provider for less than twelve months in the | 7895 |
applicable calendar year; | 7896 |
(b) Nursing facilities whose cost per case-mix unit is more | 7897 |
than one standard deviation from the mean cost per case-mix unit | 7898 |
for all nursing facilities in the nursing facility's peer group | 7899 |
for the applicable calendar year. | 7900 |
(3) The following index shall be used for the purpose of the | 7901 |
calculation made under division (D)(1)(d) of this section: | 7902 |
(a) Until the first rebasing occurs, the employment cost | 7903 |
index for total compensation, health services component, published | 7904 |
by the United States bureau of labor statistics, as the index | 7905 |
existed on July 1, 2005; | 7906 |
(b) Effective with the first rebasing and except as provided | 7907 |
in division (D)(3)(c) of this section, the employment cost index | 7908 |
for total compensation, nursing and residential care facilities | 7909 |
occupational group, published by the United States bureau of labor | 7910 |
statistics; | 7911 |
(c) If the United States bureau of labor statistics ceases to | 7912 |
publish the index specified in division (D)(3)(b) of this section, | 7913 |
the index the bureau subsequently publishes that covers nursing | 7914 |
facilities' staff costs. | 7915 |
(4) The department shall not redetermine a peer group's cost | 7916 |
per case-mix unit under this division based on additional | 7917 |
information that it receives after the peer group's per case-mix | 7918 |
unit is determined. The department shall redetermine a peer | 7919 |
group's cost per case-mix unit only if it made an error in | 7920 |
determining the peer group's cost per case-mix unit based on | 7921 |
information available to the department at the time of the | 7922 |
original determination. | 7923 |
Sec. 5111.24. (A) As used in this section: | 7924 |
(1) "Applicable calendar year" means the following: | 7925 |
(a) For the purpose of the department of job and family | 7926 |
services' initial determination under division (D) of this section | 7927 |
of each peer group's rate for ancillary and support costs, | 7928 |
calendar year 2003; | 7929 |
(b) For the purpose of the department's rebasings, the | 7930 |
calendar year the department selects. | 7931 |
(2) "Rebasing" means a redetermination under division (D) of | 7932 |
this section of each peer groups' rate for ancillary and support | 7933 |
costs using information from cost reports for an applicable | 7934 |
calendar year that is later than the applicable calendar year used | 7935 |
for the previous determination of such rates. | 7936 |
(B) The department of job and family services shall pay a | 7937 |
provider for each of the provider's eligible nursing facilities a | 7938 |
per resident per day rate for ancillary and support costs | 7939 |
determined for the nursing facility's peer group under division | 7940 |
(D) of this section. | 7941 |
(C) For the purpose of determining nursing facilities' rate | 7942 |
for ancillary and support costs, the department shall establish | 7943 |
six peer groups. | 7944 |
Each nursing facility located in any of the following | 7945 |
counties shall be placed in peer group one or two: Brown, Butler, | 7946 |
Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 7947 |
located in any of those counties that has fewer than one hundred | 7948 |
beds shall be placed in peer group one. Each nursing facility | 7949 |
located in any of those counties that has one hundred or more beds | 7950 |
shall be placed in peer group two. | 7951 |
Each nursing facility located in any of the following | 7952 |
counties shall be placed in peer group three or four: Ashtabula, | 7953 |
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 7954 |
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 7955 |
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 7956 |
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 7957 |
Union, and Wood. Each nursing facility located in any of those | 7958 |
counties that has fewer than one hundred beds shall be placed in | 7959 |
peer group three. Each nursing facility located in any of those | 7960 |
counties that has one hundred or more beds shall be placed in peer | 7961 |
group four. | 7962 |
Each nursing facility located in any of the following | 7963 |
counties shall be placed in peer group five or six: Adams, Allen, | 7964 |
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 7965 |
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 7966 |
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 7967 |
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 7968 |
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 7969 |
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 7970 |
Washington, Wayne, Williams, and Wyandot. Each nursing facility | 7971 |
located in any of those counties that has fewer than one hundred | 7972 |
beds shall be placed in peer group five. Each nursing facility | 7973 |
located in any of those counties that has one hundred or more beds | 7974 |
shall be placed in peer group six. | 7975 |
(D)(1) The department shall determine the rate for ancillary | 7976 |
and support costs for each peer group established under division | 7977 |
(C) of this section. The department is not required to conduct a | 7978 |
rebasing more than once every ten years. Except as necessary to | 7979 |
implement the amendments made | 7980 |
Sub. H.B. 153 and Sub. H.B. 303, both of the 129th general | 7981 |
assembly, the rate for ancillary and support costs determined | 7982 |
under this division for a peer group shall be used for subsequent | 7983 |
years until the department conducts a rebasing. To determine a | 7984 |
peer group's rate for ancillary and support costs, the department | 7985 |
shall do all of the following: | 7986 |
(a) Subject to division (D)(2) of this section, determine the | 7987 |
rate for ancillary and support costs for each nursing facility in | 7988 |
the peer group for the applicable calendar year by using the | 7989 |
greater of the nursing facility's actual inpatient days for the | 7990 |
applicable calendar year or the inpatient days the nursing | 7991 |
facility would have had for the applicable calendar year if its | 7992 |
occupancy rate had been ninety per cent; | 7993 |
(b) Subject to division (D)(3) of this section, identify | 7994 |
which nursing facility in the peer group is at the twenty-fifth | 7995 |
percentile of the rate for ancillary and support costs for the | 7996 |
applicable calendar year determined under division (D)(1)(a) of | 7997 |
this section; | 7998 |
(c) Multiply the rate for ancillary and support costs | 7999 |
determined under division (D)(1)(a) of this section for the | 8000 |
nursing facility identified under division (D)(1)(b) of this | 8001 |
section by the rate of inflation for the eighteen-month period | 8002 |
beginning on the first day of July of the applicable calendar year | 8003 |
and ending the last day of December of the calendar year | 8004 |
immediately following the applicable calendar year using the | 8005 |
following: | 8006 |
(i) Until the first rebasing occurs, the consumer price index | 8007 |
for all items for all urban consumers for the north central | 8008 |
region, published by the United States bureau of labor statistics, | 8009 |
as that index existed on July 1, 2005; | 8010 |
(ii) Effective with the first rebasing and except as provided | 8011 |
in division (D)(1)(c)(iii) of this section, the consumer price | 8012 |
index for all items for all urban consumers for the midwest | 8013 |
region, published by the United States bureau of labor statistics; | 8014 |
(iii) If the United States bureau of labor statistics ceases | 8015 |
to publish the index specified in division (D)(1)(c)(ii) of this | 8016 |
section, the index the bureau subsequently publishes that covers | 8017 |
urban consumers' prices for items for the region that includes | 8018 |
this state. | 8019 |
(d) Until the first rebasing occurs, increase the amount | 8020 |
calculated under division (D)(1)(c) of this section by five and | 8021 |
eight hundredths per cent. | 8022 |
(2) For the purpose of determining a nursing facility's | 8023 |
occupancy rate under division (D)(1)(a) of this section, the | 8024 |
department shall include any beds that the nursing facility | 8025 |
removes from its medicaid-certified capacity unless the nursing | 8026 |
facility also removes the beds from its licensed bed capacity. | 8027 |
(3) In making the identification under division (D)(1)(b) of | 8028 |
this section, the department shall exclude both of the following: | 8029 |
(a) Nursing facilities that participated in the medicaid | 8030 |
program under the same provider for less than twelve months in the | 8031 |
applicable calendar year; | 8032 |
(b) Nursing facilities whose ancillary and support costs are | 8033 |
more than one standard deviation from the mean desk-reviewed, | 8034 |
actual, allowable, per diem ancillary and support cost for all | 8035 |
nursing facilities in the nursing facility's peer group for the | 8036 |
applicable calendar year. | 8037 |
(4) The department shall not redetermine a peer group's rate | 8038 |
for ancillary and support costs under this division based on | 8039 |
additional information that it receives after the rate is | 8040 |
determined. The department shall redetermine a peer group's rate | 8041 |
for ancillary and support costs only if the department made an | 8042 |
error in determining the rate based on information available to | 8043 |
the department at the time of the original determination. | 8044 |
Sec. 5111.242. (A) As used in this section | 8045 |
(1) "Applicable calendar year" means the following: | 8046 |
| 8047 |
services' initial determination under this section of nursing | 8048 |
facilities' rate for tax costs, calendar year 2003; | 8049 |
| 8050 |
8051 | |
8052 | |
department selects. | 8053 |
(2) "Rebasing" means a redetermination under division (C) of | 8054 |
this section of each nursing facility's rate for tax costs using | 8055 |
information from cost reports for an applicable calendar year that | 8056 |
is later than the applicable calendar year used for the previous | 8057 |
determination of such rates. | 8058 |
(B) The department of job and family services shall pay a | 8059 |
provider for each of the provider's eligible nursing facilities a | 8060 |
per resident per day rate for tax costs determined under division | 8061 |
(C) of this section. | 8062 |
(C) | 8063 |
determine the rate for tax costs for each nursing facility. The | 8064 |
department is not required to conduct a rebasing more than once | 8065 |
every ten years. Except as necessary to implement the amendments | 8066 |
made to this section by Sub. H.B. 303 of the 129th general | 8067 |
assembly, the rate for tax costs determined under this division | 8068 |
for a nursing facility shall be used for subsequent years until | 8069 |
the department
| 8070 |
a nursing facility's rate for tax costs and except as provided in | 8071 |
division (D) of this section, the department shall | 8072 |
of the following: | 8073 |
(1) Divide the nursing facility's desk-reviewed, actual, | 8074 |
allowable tax costs paid for the applicable calendar year by the | 8075 |
number of inpatient days the nursing facility would have had if | 8076 |
its occupancy rate had been one hundred per cent during the | 8077 |
applicable calendar year; | 8078 |
(2) Until the first rebasing occurs, increase the amount | 8079 |
calculated under division (C)(1) of this section by five and eight | 8080 |
hundredths per cent. | 8081 |
(D) If a nursing facility had a credit regarding its real | 8082 |
estate taxes reflected on its cost report for calendar year 2003, | 8083 |
the department shall determine, as follows, its rate for tax costs | 8084 |
for the period beginning on July 1, 2010, and ending on the first | 8085 |
day of the fiscal year for which the department first | 8086 |
8087 | |
8088 |
(1) Divide the nursing facility's desk-reviewed, actual, | 8089 |
allowable tax costs paid for calendar year 2004 by the number of | 8090 |
inpatient days the nursing facility would have had if its | 8091 |
occupancy rate had been one hundred per cent during calendar year | 8092 |
2004; | 8093 |
(2) Until the first rebasing occurs, increase the amount | 8094 |
calculated under division (D)(1) of this section by five and eight | 8095 |
hundredths per cent. | 8096 |
Sec. 5111.246. (A) Each fiscal year, the department of job | 8097 |
and family services shall pay a critical access incentive payment | 8098 |
to the provider of each nursing facility that qualifies as a | 8099 |
critical access nursing facility. To qualify as a critical access | 8100 |
nursing facility for a fiscal year, a nursing facility must meet | 8101 |
all of the following requirements: | 8102 |
(1) The nursing facility must be located in an area that, on | 8103 |
December 31, 2011, was designated an empowerment zone under | 8104 |
section 1391 of the "Internal Revenue Code of 1986," 107 Stat. | 8105 |
543, 26 U.S.C. 1391, as amended. | 8106 |
(2) The nursing facility must have an occupancy rate of at | 8107 |
least eighty-five per cent as of the last day of the calendar year | 8108 |
preceding the fiscal year. | 8109 |
(3) The nursing facility must have a medicaid utilization | 8110 |
rate of at least sixty-five per cent as of the last day of the | 8111 |
calendar year preceding the fiscal year. | 8112 |
(B) A critical access nursing facility's critical access | 8113 |
incentive payment for a fiscal year shall equal five per cent of | 8114 |
the portion of the nursing facility's total rate for the fiscal | 8115 |
year that is the sum of the rates and payment identified in | 8116 |
divisions | 8117 |
Revised Code. | 8118 |
Sec. 5111.25. (A) As used in this section: | 8119 |
(1) "Applicable calendar year" means the following: | 8120 |
(a) For the purpose of the department of job and family | 8121 |
services' initial determination under division (D) of this section | 8122 |
of each peer group's rate for capital costs, calendar year 2003; | 8123 |
(b) For the purpose of the department's rebasings, the | 8124 |
calendar year the department selects. | 8125 |
(2) "Rebasing" means a redetermination under division (D) of | 8126 |
this section of each peer groups' rate for capital costs using | 8127 |
information from cost reports for an applicable calendar year that | 8128 |
is later than the applicable calendar year used for the previous | 8129 |
determination of such rates. | 8130 |
(B) The department of job and family services shall pay a | 8131 |
provider for each of the provider's eligible nursing facilities a | 8132 |
per resident per day rate for capital costs determined for the | 8133 |
nursing facility's peer group under division (D) of this section. | 8134 |
(C) For the purpose of determining nursing facilities' rate | 8135 |
for capital costs, the department shall establish six peer groups. | 8136 |
Each nursing facility located in any of the following | 8137 |
counties shall be placed in peer group one or two: Brown, Butler, | 8138 |
Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 8139 |
located in any of those counties that has fewer than one hundred | 8140 |
beds shall be placed in peer group one. Each nursing facility | 8141 |
located in any of those counties that has one hundred or more beds | 8142 |
shall be placed in peer group two. | 8143 |
Each nursing facility located in any of the following | 8144 |
counties shall be placed in peer group three or four: Ashtabula, | 8145 |
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 8146 |
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 8147 |
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 8148 |
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 8149 |
Union, and Wood. Each nursing facility located in any of those | 8150 |
counties that has fewer than one hundred beds shall be placed in | 8151 |
peer group three. Each nursing facility located in any of those | 8152 |
counties that has one hundred or more beds shall be placed in peer | 8153 |
group four. | 8154 |
Each nursing facility located in any of the following | 8155 |
counties shall be placed in peer group five or six: Adams, Allen, | 8156 |
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 8157 |
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 8158 |
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 8159 |
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 8160 |
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 8161 |
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 8162 |
Washington, Wayne, Williams, and Wyandot. Each nursing facility | 8163 |
located in any of those counties that has fewer than one hundred | 8164 |
beds shall be placed in peer group five. Each nursing facility | 8165 |
located in any of those counties that has one hundred or more beds | 8166 |
shall be placed in peer group six. | 8167 |
(D)(1) The department shall determine the rate for capital | 8168 |
costs for each peer group established under division (C) of this | 8169 |
section. The department is not required to conduct a rebasing more | 8170 |
than once every ten years. Except as necessary to implement the | 8171 |
amendments made | 8172 |
and Sub. H.B. 303, both of the 129th general assembly, the rate | 8173 |
for capital costs determined under this division for a peer group | 8174 |
shall be used for subsequent years until the department conducts a | 8175 |
rebasing. | 8176 |
8177 |
(a) Determine the rate for capital costs | 8178 |
nursing facility in the peer group that is at the twenty-fifth | 8179 |
percentile of the rate for capital costs for the applicable | 8180 |
calendar year; | 8181 |
(b) Until the first rebasing occurs, increase the amount | 8182 |
calculated under division (D)(1)(a) of this section by five and | 8183 |
eight hundredths per cent. | 8184 |
(2) To identify the nursing facility in a peer group that is | 8185 |
at the twenty-fifth percentile of the rate for capital costs for | 8186 |
the applicable calendar year, the department shall do both of the | 8187 |
following: | 8188 |
(a) Subject to division (D) | 8189 |
greater of each nursing facility's actual inpatient days for the | 8190 |
applicable calendar year or the inpatient days the nursing | 8191 |
facility would have had for the applicable calendar year if its | 8192 |
occupancy rate had been one hundred per cent; | 8193 |
(b) Exclude both of the following: | 8194 |
(i) Nursing facilities that participated in the medicaid | 8195 |
program under the same provider for less than twelve months in the | 8196 |
applicable calendar year; | 8197 |
(ii) Nursing facilities whose capital costs are more than one | 8198 |
standard deviation from the mean desk-reviewed, actual, allowable, | 8199 |
per diem capital cost for all nursing facilities in the nursing | 8200 |
facility's peer group for the applicable calendar year. | 8201 |
| 8202 |
occupancy rate under division (D) | 8203 |
department shall include any beds that the nursing facility | 8204 |
removes from its medicaid-certified capacity after June 30, 2005, | 8205 |
unless the nursing facility also removes the beds from its | 8206 |
licensed bed capacity. | 8207 |
| 8208 |
rate for capital costs under this division based on additional | 8209 |
information that it receives after the rate is determined. The | 8210 |
department shall redetermine a peer group's rate for capital costs | 8211 |
only if the department made an error in determining the rate based | 8212 |
on information available to the department at the time of the | 8213 |
original determination. | 8214 |
(E) Buildings shall be depreciated using the straight line | 8215 |
method over forty years or over a different period approved by the | 8216 |
department. Components and equipment shall be depreciated using | 8217 |
the straight-line method over a period designated in rules adopted | 8218 |
under section 5111.02 of the Revised Code, consistent with the | 8219 |
guidelines of the American hospital association, or over a | 8220 |
different period approved by the department. Any rules authorized | 8221 |
by this division that specify useful lives of buildings, | 8222 |
components, or equipment apply only to assets acquired on or after | 8223 |
July 1, 1993. Depreciation for costs paid or reimbursed by any | 8224 |
government agency shall not be included in capital costs unless | 8225 |
that part of the payment under sections 5111.20 to 5111.331 of the | 8226 |
Revised Code is used to reimburse the government agency. | 8227 |
(F) The capital cost basis of nursing facility assets shall | 8228 |
be determined in the following manner: | 8229 |
(1) Except as provided in division (F)(3) of this section, | 8230 |
for purposes of calculating the rates to be paid for facilities | 8231 |
with dates of licensure on or before June 30, 1993, the capital | 8232 |
cost basis of each asset shall be equal to the desk-reviewed, | 8233 |
actual, allowable, capital cost basis that is listed on the | 8234 |
facility's cost report for the calendar year preceding the fiscal | 8235 |
year during which the rate will be paid. | 8236 |
(2) For facilities with dates of licensure after June 30, | 8237 |
1993, the capital cost basis shall be determined in accordance | 8238 |
with the principles of the medicare program established under | 8239 |
Title XVIII, except as otherwise provided in sections 5111.20 to | 8240 |
5111.331 of the Revised Code. | 8241 |
(3) Except as provided in division (F)(4) of this section, if | 8242 |
a provider transfers an interest in a facility to another provider | 8243 |
after June 30, 1993, there shall be no increase in the capital | 8244 |
cost basis of the asset if the providers are related parties or | 8245 |
the provider to which the interest is transferred authorizes the | 8246 |
provider that transferred the interest to continue to operate the | 8247 |
facility under a lease, management agreement, or other | 8248 |
arrangement. If the previous sentence does not prohibit the | 8249 |
adjustment of the capital cost basis under this division, the | 8250 |
basis of the asset shall be adjusted by one-half of the change in | 8251 |
the consumer price index for all items for all urban consumers, as | 8252 |
published by the United States bureau of labor statistics, during | 8253 |
the time that the transferor held the asset. | 8254 |
(4) If a provider transfers an interest in a facility to | 8255 |
another provider who is a related party, the capital cost basis of | 8256 |
the asset shall be adjusted as specified in division (F)(3) of | 8257 |
this section if all of the following conditions are met: | 8258 |
(a) The related party is a relative of owner; | 8259 |
(b) Except as provided in division (F)(4)(c)(ii) of this | 8260 |
section, the provider making the transfer retains no ownership | 8261 |
interest in the facility; | 8262 |
(c) The department of job and family services determines that | 8263 |
the transfer is an arm's length transaction pursuant to rules | 8264 |
adopted under section 5111.02 of the Revised Code. The rules shall | 8265 |
provide that a transfer is an arm's length transaction if all of | 8266 |
the following apply: | 8267 |
(i) Once the transfer goes into effect, the provider that | 8268 |
made the transfer has no direct or indirect interest in the | 8269 |
provider that acquires the facility or the facility itself, | 8270 |
including interest as an owner, officer, director, employee, | 8271 |
independent contractor, or consultant, but excluding interest as a | 8272 |
creditor. | 8273 |
(ii) The provider that made the transfer does not reacquire | 8274 |
an interest in the facility except through the exercise of a | 8275 |
creditor's rights in the event of a default. If the provider | 8276 |
reacquires an interest in the facility in this manner, the | 8277 |
department shall treat the facility as if the transfer never | 8278 |
occurred when the department calculates its reimbursement rates | 8279 |
for capital costs. | 8280 |
(iii) The transfer satisfies any other criteria specified in | 8281 |
the rules. | 8282 |
(d) Except in the case of hardship caused by a catastrophic | 8283 |
event, as determined by the department, or in the case of a | 8284 |
provider making the transfer who is at least sixty-five years of | 8285 |
age, not less than twenty years have elapsed since, for the same | 8286 |
facility, the capital cost basis was adjusted most recently under | 8287 |
division (F)(4) of this section or actual, allowable cost of | 8288 |
ownership was determined most recently under division (G)(9) of | 8289 |
this section. | 8290 |
(G) As used in this division: | 8291 |
"Imputed interest" means the lesser of the prime rate plus | 8292 |
two per cent or ten per cent. | 8293 |
"Lease expense" means lease payments in the case of an | 8294 |
operating lease and depreciation expense and interest expense in | 8295 |
the case of a capital lease. | 8296 |
"New lease" means a lease, to a different lessee, of a | 8297 |
nursing facility that previously was operated under a lease. | 8298 |
(1) Subject to division (B) of this section, for a lease of a | 8299 |
facility that was effective on May 27, 1992, the entire lease | 8300 |
expense is an actual, allowable capital cost during the term of | 8301 |
the existing lease. The entire lease expense also is an actual, | 8302 |
allowable capital cost if a lease in existence on May 27, 1992, is | 8303 |
renewed under either of the following circumstances: | 8304 |
(a) The renewal is pursuant to a renewal option that was in | 8305 |
existence on May 27, 1992; | 8306 |
(b) The renewal is for the same lease payment amount and | 8307 |
between the same parties as the lease in existence on May 27, | 8308 |
1992. | 8309 |
(2) Subject to division (B) of this section, for a lease of a | 8310 |
facility that was in existence but not operated under a lease on | 8311 |
May 27, 1992, actual, allowable capital costs shall include the | 8312 |
lesser of the annual lease expense or the annual depreciation | 8313 |
expense and imputed interest expense that would be calculated at | 8314 |
the inception of the lease using the lessor's entire historical | 8315 |
capital asset cost basis, adjusted by one-half of the change in | 8316 |
the consumer price index for all items for all urban consumers, as | 8317 |
published by the United States bureau of labor statistics, during | 8318 |
the time the lessor held each asset until the beginning of the | 8319 |
lease. | 8320 |
(3) Subject to division (B) of this section, for a lease of a | 8321 |
facility with a date of licensure on or after May 27, 1992, that | 8322 |
is initially operated under a lease, actual, allowable capital | 8323 |
costs shall include the annual lease expense if there was a | 8324 |
substantial commitment of money for construction of the facility | 8325 |
after December 22, 1992, and before July 1, 1993. If there was not | 8326 |
a substantial commitment of money after December 22, 1992, and | 8327 |
before July 1, 1993, actual, allowable capital costs shall include | 8328 |
the lesser of the annual lease expense or the sum of the | 8329 |
following: | 8330 |
(a) The annual depreciation expense that would be calculated | 8331 |
at the inception of the lease using the lessor's entire historical | 8332 |
capital asset cost basis; | 8333 |
(b) The greater of the lessor's actual annual amortization of | 8334 |
financing costs and interest expense at the inception of the lease | 8335 |
or the imputed interest expense calculated at the inception of the | 8336 |
lease using seventy per cent of the lessor's historical capital | 8337 |
asset cost basis. | 8338 |
(4) Subject to division (B) of this section, for a lease of a | 8339 |
facility with a date of licensure on or after May 27, 1992, that | 8340 |
was not initially operated under a lease and has been in existence | 8341 |
for ten years, actual, allowable capital costs shall include the | 8342 |
lesser of the annual lease expense or the annual depreciation | 8343 |
expense and imputed interest expense that would be calculated at | 8344 |
the inception of the lease using the entire historical capital | 8345 |
asset cost basis of one-half of the change in the consumer price | 8346 |
index for all items for all urban consumers, as published by the | 8347 |
United States bureau of labor statistics, during the time the | 8348 |
lessor held each asset until the beginning of the lease. | 8349 |
(5) Subject to division (B) of this section, for a new lease | 8350 |
of a facility that was operated under a lease on May 27, 1992, | 8351 |
actual, allowable capital costs shall include the lesser of the | 8352 |
annual new lease expense or the annual old lease payment. If the | 8353 |
old lease was in effect for ten years or longer, the old lease | 8354 |
payment from the beginning of the old lease shall be adjusted by | 8355 |
one-half of the change in the consumer price index for all items | 8356 |
for all urban consumers, as published by the United States bureau | 8357 |
of labor statistics, from the beginning of the old lease to the | 8358 |
beginning of the new lease. | 8359 |
(6) Subject to division (B) of this section, for a new lease | 8360 |
of a facility that was not in existence or that was in existence | 8361 |
but not operated under a lease on May 27, 1992, actual, allowable | 8362 |
capital costs shall include the lesser of annual new lease expense | 8363 |
or the annual amount calculated for the old lease under division | 8364 |
(G)(2), (3), (4), or (6) of this section, as applicable. If the | 8365 |
old lease was in effect for ten years or longer, the lessor's | 8366 |
historical capital asset cost basis shall be, for purposes of | 8367 |
calculating the annual amount under division (G)(2), (3), (4), or | 8368 |
(6) of this section, adjusted by one-half of the change in the | 8369 |
consumer price index for all items for all urban consumers, as | 8370 |
published by the United States bureau of labor statistics, from | 8371 |
the beginning of the old lease to the beginning of the new lease. | 8372 |
In the case of a lease under division (G)(3) of this section | 8373 |
of a facility for which a substantial commitment of money was made | 8374 |
after December 22, 1992, and before July 1, 1993, the old lease | 8375 |
payment shall be adjusted for the purpose of determining the | 8376 |
annual amount. | 8377 |
(7) For any revision of a lease described in division (G)(1), | 8378 |
(2), (3), (4), (5), or (6) of this section, or for any subsequent | 8379 |
lease of a facility operated under such a lease, other than | 8380 |
execution of a new lease, the portion of actual, allowable capital | 8381 |
costs attributable to the lease shall be the same as before the | 8382 |
revision or subsequent lease. | 8383 |
(8) Except as provided in division (G)(9) of this section, if | 8384 |
a provider leases an interest in a facility to another provider | 8385 |
who is a related party or previously operated the facility, the | 8386 |
related party's or previous operator's actual, allowable capital | 8387 |
costs shall include the lesser of the annual lease expense or the | 8388 |
reasonable cost to the lessor. | 8389 |
(9) If a provider leases an interest in a facility to another | 8390 |
provider who is a related party, regardless of the date of the | 8391 |
lease, the related party's actual, allowable capital costs shall | 8392 |
include the annual lease expense, subject to the limitations | 8393 |
specified in divisions (G)(1) to (7) of this section, if all of | 8394 |
the following conditions are met: | 8395 |
(a) The related party is a relative of owner; | 8396 |
(b) If the lessor retains an ownership interest, it is, | 8397 |
except as provided in division (G)(9)(c)(ii) of this section, in | 8398 |
only the real property and any improvements on the real property; | 8399 |
(c) The department of job and family services determines that | 8400 |
the lease is an arm's length transaction pursuant to rules adopted | 8401 |
under section 5111.02 of the Revised Code. The rules shall provide | 8402 |
that a lease is an arm's length transaction if all of the | 8403 |
following apply: | 8404 |
(i) Once the lease goes into effect, the lessor has no direct | 8405 |
or indirect interest in the lessee or, except as provided in | 8406 |
division (G)(9)(b) of this section, the facility itself, including | 8407 |
interest as an owner, officer, director, employee, independent | 8408 |
contractor, or consultant, but excluding interest as a lessor. | 8409 |
(ii) The lessor does not reacquire an interest in the | 8410 |
facility except through the exercise of a lessor's rights in the | 8411 |
event of a default. If the lessor reacquires an interest in the | 8412 |
facility in this manner, the department shall treat the facility | 8413 |
as if the lease never occurred when the department calculates its | 8414 |
reimbursement rates for capital costs. | 8415 |
(iii) The lease satisfies any other criteria specified in the | 8416 |
rules. | 8417 |
(d) Except in the case of hardship caused by a catastrophic | 8418 |
event, as determined by the department, or in the case of a lessor | 8419 |
who is at least sixty-five years of age, not less than twenty | 8420 |
years have elapsed since, for the same facility, the capital cost | 8421 |
basis was adjusted most recently under division (F)(4) of this | 8422 |
section or actual, allowable capital costs were determined most | 8423 |
recently under division (G)(9) of this section. | 8424 |
(10) This division does not apply to leases of specific items | 8425 |
of equipment. | 8426 |
Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811 | 8427 |
of the Revised Code: | 8428 |
(1) "Adult" means an individual at least eighteen years of | 8429 |
age. | 8430 |
(2) "Authorized representative" means the following: | 8431 |
(a) In the case of a consumer who is a minor, the consumer's | 8432 |
parent, custodian, or guardian; | 8433 |
(b) In the case of a consumer who is an adult, an individual | 8434 |
selected by the consumer pursuant to section 5111.8810 of the | 8435 |
Revised Code to act on the consumer's behalf for purposes | 8436 |
regarding home care attendant services. | 8437 |
(3) "Authorizing health care professional" means a health | 8438 |
care professional who, pursuant to section 5111.887 of the Revised | 8439 |
Code, authorizes a home care attendant to assist a consumer with | 8440 |
self-administration of medication, nursing tasks, or both. | 8441 |
(4) "Consumer" means an individual to whom all of the | 8442 |
following apply: | 8443 |
(a) The individual is enrolled in a participating medicaid | 8444 |
waiver component. | 8445 |
(b) The individual has a medically determinable physical | 8446 |
impairment to which both of the following apply: | 8447 |
(i) It is expected to last for a continuous period of not | 8448 |
less than twelve months. | 8449 |
(ii) It causes the individual to require assistance with | 8450 |
activities of daily living, self-care, and mobility, including | 8451 |
either assistance with self-administration of medication or the | 8452 |
performance of nursing tasks, or both. | 8453 |
(c) In the case of an individual who is an adult, the | 8454 |
individual is mentally alert and is, or has an authorized | 8455 |
representative who is, capable of selecting, directing the actions | 8456 |
of, and dismissing a home care attendant. | 8457 |
(d) In the case of an individual who is a minor, the | 8458 |
individual has an authorized representative who is capable of | 8459 |
selecting, directing the actions of, and dismissing a home care | 8460 |
attendant. | 8461 |
(5) "Controlled substance" has the same meaning as in section | 8462 |
3719.01 of the Revised Code. | 8463 |
(6) "Custodian" has the same meaning as in section 2151.011 | 8464 |
of the Revised Code. | 8465 |
(7) "Gastrostomy tube" means a percutaneously inserted | 8466 |
catheter that terminates in the stomach. | 8467 |
(8) "Guardian" has the same meaning as in section 2111.01 of | 8468 |
the Revised Code. | 8469 |
(9) "Health care professional" means a physician or | 8470 |
registered nurse. | 8471 |
(10) "Home care attendant" means an individual holding a | 8472 |
valid medicaid provider agreement in accordance with section | 8473 |
5111.881 of the Revised Code that authorizes the individual to | 8474 |
provide home care attendant services to consumers. | 8475 |
(11) "Home care attendant services" means all of the | 8476 |
following as provided by a home care attendant: | 8477 |
(a) Personal care aide services; | 8478 |
(b) Assistance with the self-administration of medication; | 8479 |
(c) Assistance with nursing tasks. | 8480 |
(12) "Jejunostomy tube" means a percutaneously inserted | 8481 |
catheter that terminates in the jejunum. | 8482 |
(13) "Medicaid waiver component" has the same meaning as in | 8483 |
section 5111.85 of the Revised Code. | 8484 |
(14) "Medication" means a drug as defined in section 4729.01 | 8485 |
of the Revised Code. | 8486 |
(15) "Minor" means an individual under eighteen years of age. | 8487 |
(16) "Participating medicaid waiver component" means both of | 8488 |
the following: | 8489 |
(a) The Ohio home care program created under section 5111.861 | 8490 |
of the Revised Code; | 8491 |
(b) The Ohio transitions II aging carve-out program created | 8492 |
under section 5111.863 of the Revised Code. | 8493 |
(17) "Physician" means an individual authorized under Chapter | 8494 |
4731. of the Revised Code to practice medicine and surgery or | 8495 |
osteopathic medicine and surgery. | 8496 |
(18) "Practice of nursing as a registered nurse," "practice | 8497 |
of nursing as a licensed practical nurse," and "registered nurse" | 8498 |
have the same meanings as in section 4723.01 of the Revised Code. | 8499 |
"Registered nurse" includes an advanced practice registered nurse, | 8500 |
as defined in section 4723.01 of the Revised Code. | 8501 |
(19) "Schedule II," "schedule III," "schedule IV," and | 8502 |
"schedule V" have the same meanings as in section 3719.01 of the | 8503 |
Revised Code. | 8504 |
(B) The director of job and family services may submit | 8505 |
requests to the United States secretary of health and human | 8506 |
services to amend the federal medicaid waivers authorizing the | 8507 |
participating medicaid waiver components to have those components | 8508 |
cover home care attendant services in accordance with sections | 8509 |
5111.88 to 5111.8810 of the Revised Code and rules adopted under | 8510 |
section 5111.8811 of the Revised Code. Notwithstanding sections | 8511 |
5111.881 to 5111.8811 of the Revised Code, those sections shall be | 8512 |
implemented regarding a participating medicaid waiver component | 8513 |
only if the secretary approves a waiver amendment for the | 8514 |
component. | 8515 |
Sec. 5111.981. (A) As used in this section and section | 8516 |
5111.982 of the Revised Code: | 8517 |
"Dual eligible individual" has the same meaning as in | 8518 |
8519 | |
section 1915(h)(2)(B), 42 U.S.C. 1396n(h)(2)(B). | 8520 |
"Medicare | 8521 |
8522 | |
XVIII, 42 U.S.C. 1395 et seq., as amended. | 8523 |
(B) Subject to division (C) of this section, the medical | 8524 |
assistance director | 8525 |
demonstration project called the integrated care delivery system | 8526 |
to test and evaluate the integration of the care that dual | 8527 |
eligible individuals receive under | 8528 |
8529 | |
the
| 8530 |
provision implements or incorporates a provision of federal law | 8531 |
governing | 8532 |
does not apply to the | 8533 |
(C) Before implementing the | 8534 |
care delivery system under division (B) of this section, the | 8535 |
director shall obtain the approval of the United States secretary | 8536 |
of health and human services in the form of a federal medicaid | 8537 |
waiver, medicaid state plan amendment, or demonstration grant. The | 8538 |
director is required to seek the federal approval only if the | 8539 |
director seeks to implement the | 8540 |
care delivery system. The director shall implement the | 8541 |
8542 | |
accordance with the terms of the federal approval, including the | 8543 |
terms regarding the duration of the | 8544 |
Sec. 5111.982. (A) As used in this section: | 8545 |
"Covered skilled nursing facility services" has the same | 8546 |
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42 | 8547 |
U.S.C. 1395yy(e)(2)(A). | 8548 |
"Current medicare fee-for-service rate" means the | 8549 |
fee-for-service rate in effect for a covered skilled nursing | 8550 |
facility service under medicare at the time the service is | 8551 |
provided. | 8552 |
"Skilled nursing facility" has the same meaning as in the | 8553 |
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a). | 8554 |
(B) Except as provided in division (C) of this section, a | 8555 |
managed care organization shall pay a skilled nursing facility at | 8556 |
least the current medicare fee-for-service rate, without deduction | 8557 |
for any coinsurance, for covered skilled nursing facility services | 8558 |
that the skilled nursing facility provides to a dual eligible | 8559 |
individual if the managed care organization is responsible for the | 8560 |
payment under the terms of a contract that the managed care | 8561 |
organization, medical assistance director, and United States | 8562 |
secretary of health and human services jointly enter into under | 8563 |
the integrated care delivery system authorized by section 5111.981 | 8564 |
of the Revised Code. | 8565 |
(C) A managed care organization is required to pay the rate | 8566 |
specified in division (B) of this section for covered skilled | 8567 |
nursing facility services only if all of the following apply: | 8568 |
(1) The United States secretary agrees to the payment rate as | 8569 |
part of the contract that the managed care organization, medical | 8570 |
assistance director, and United States secretary jointly enter | 8571 |
into under the integrated care delivery system; | 8572 |
(2) The managed care organization receives a federal | 8573 |
capitation payment that is an actuarially sufficient amount for | 8574 |
the costs that the managed care organization incurs in paying the | 8575 |
rate; | 8576 |
(3) No state funds are used for any part of the costs that | 8577 |
the managed care organization incurs in paying the rate; | 8578 |
(4) The integrated care delivery system provides for dual | 8579 |
eligible individuals to receive the covered skilled nursing | 8580 |
facility services as part of the system. | 8581 |
Sec. 5119.22. (A) As used in this section and section | 8582 |
5119.221 of the Revised Code: | 8583 |
(1) "Accommodations" means housing, daily meal preparation, | 8584 |
laundry, housekeeping, arranging for transportation, social and | 8585 |
recreational activities, maintenance, security, and other services | 8586 |
that do not constitute personal care services or skilled nursing | 8587 |
care. | 8588 |
(2) "ADAMHS board" means a board of alcohol, drug addiction, | 8589 |
and mental health services. | 8590 |
(3) "Adult" means a person who is eighteen years of age or | 8591 |
older, other than a person described in division (A)(4) of this | 8592 |
section who is between eighteen and twenty-one years of age. | 8593 |
(4) "Child" means a person who is under eighteen years of age | 8594 |
or a person with a mental disability who is under twenty-one years | 8595 |
of age. | 8596 |
(5) "Community mental health agency" means a community mental | 8597 |
health agency as defined in division (H) of section 5122.01 of the | 8598 |
Revised Code. | 8599 |
(6) "Community mental health services" means any of the | 8600 |
services listed in section 340.09 of the Revised Code. | 8601 |
(7) "Operator" means the person that is responsible for the | 8602 |
administration and management of a residential facility. | 8603 |
(8) "Personal care services" means services including, but | 8604 |
not limited to, the following: | 8605 |
(a) Assisting residents with activities of daily living; | 8606 |
(b) Assisting residents with self-administration of | 8607 |
medication in accordance with rules adopted under this section; | 8608 |
(c) Preparing special diets, other than complex therapeutic | 8609 |
diets, for residents pursuant to the instructions of a physician | 8610 |
or a licensed dietitian, in accordance with rules adopted under | 8611 |
this section. | 8612 |
"Personal care services" does not include "skilled nursing | 8613 |
care" as defined in section 3721.01 of the Revised Code. A | 8614 |
facility need not provide more than one of the services listed in | 8615 |
division (A)(8) of this section to be considered to be providing | 8616 |
personal care services. | 8617 |
(9) "Residential facility" means a publicly or privately | 8618 |
operated home or facility that provides one of the following: | 8619 |
(a) Accommodations, supervision, personal care services, and | 8620 |
community mental health services for one or more of the following | 8621 |
unrelated persons who are referred by or are receiving community | 8622 |
mental health services from a community mental health agency, | 8623 |
hospital, or practitioner: | 8624 |
(i) Adults with mental illness; | 8625 |
(ii) Persons of any age with severe mental disabilities; | 8626 |
(iii) Children with serious emotional disturbances or in need | 8627 |
of mental health services. | 8628 |
(b) Accommodations and personal care services for only one or | 8629 |
two unrelated adults; accommodations, supervision, and personal | 8630 |
care services for three to sixteen unrelated adults; or | 8631 |
accommodations, supervision, and personal care services for one or | 8632 |
two of the following unrelated persons: | 8633 |
(i) Persons of any age with mental illness who are referred | 8634 |
by or are receiving community mental health services from a | 8635 |
community mental health agency, hospital, or practitioner; | 8636 |
(ii) Persons of any age with severe mental disabilities who | 8637 |
are referred by or are receiving community mental health services | 8638 |
from a community mental health agency, hospital, or practitioner. | 8639 |
(c) Room and board for five or more of the following | 8640 |
unrelated persons: | 8641 |
(i) Adults with mental illness who are referred by or are | 8642 |
receiving community mental health services from a community mental | 8643 |
health agency, hospital, or practitioner; | 8644 |
(ii) Adults with severe mental disabilities who are referred | 8645 |
by or are receiving community mental health services from a | 8646 |
community mental health agency, hospital, or practitioner. | 8647 |
(10) "Residential facility" does not include any of the | 8648 |
following: | 8649 |
(a) A hospital subject to licensure under section 5119.20 of | 8650 |
the Revised Code; | 8651 |
(b) A residential facility licensed under section 5123.19 of | 8652 |
the Revised Code or otherwise regulated by the department of | 8653 |
developmental disabilities; | 8654 |
(c) An institution or association subject to certification | 8655 |
under section 5103.03 of the Revised Code; | 8656 |
(d) A facility operated by a hospice care program licensed | 8657 |
under section 3712.04 of the Revised Code that is used exclusively | 8658 |
for care of hospice patients; | 8659 |
(e) A facility operated by a pediatric respite care program | 8660 |
licensed under section 3712.041 of the Revised Code that is used | 8661 |
exclusively for care of pediatric respite care patients; | 8662 |
(f) A nursing home, residential care facility, or home for | 8663 |
the aging as defined in section 3721.02 of the Revised Code; | 8664 |
| 8665 |
section 3793.01 of the Revised Code; | 8666 |
| 8667 |
under section 3793.11 of the Revised Code; | 8668 |
| 8669 |
from the department of development under any program established | 8670 |
to provide emergency shelter housing or transitional housing for | 8671 |
the homeless; | 8672 |
| 8673 |
entered into an agreement with a hospice care program under | 8674 |
section 3712.07 of the Revised Code; | 8675 |
| 8676 |
under section 104(a) of the "Veterans Health Care Amendments of | 8677 |
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used | 8678 |
exclusively for the placement and care of veterans. | 8679 |
(11) "Room and board" means the provision of sleeping and | 8680 |
living space, meals or meal preparation, laundry services, | 8681 |
housekeeping services, or any combination thereof. | 8682 |
(12) "Supervision" means any of the following: | 8683 |
(a) Observing a resident to ensure the resident's health, | 8684 |
safety, and welfare while the resident engages in activities of | 8685 |
daily living or other activities; | 8686 |
(b) Reminding a resident to perform or complete an activity, | 8687 |
such as reminding a resident to engage in personal hygiene or | 8688 |
other self-care activities; | 8689 |
(c) Assisting a resident in making or keeping an appointment. | 8690 |
(13) "Unrelated" means that a resident is not related to the | 8691 |
owner or operator of a residential facility or to the owner's or | 8692 |
operator's spouse as a parent, grandparent, child, stepchild, | 8693 |
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as | 8694 |
the child of an aunt or uncle. | 8695 |
(B) Nothing in division (A)(9) of this section shall be | 8696 |
construed to permit personal care services to be imposed on a | 8697 |
resident who is capable of performing the activity in question | 8698 |
without assistance. | 8699 |
(C) Except in the case of a residential facility described in | 8700 |
division (A)(9)(a) of this section, members of the staff of a | 8701 |
residential facility shall not administer medication to the | 8702 |
facility's residents, but may do any of the following: | 8703 |
(1) Remind a resident when to take medication and watch to | 8704 |
ensure that the resident follows the directions on the container; | 8705 |
(2) Assist a resident in the self-administration of | 8706 |
medication by taking the medication from the locked area where it | 8707 |
is stored, in accordance with rules adopted pursuant to this | 8708 |
section, and handing it to the resident. If the resident is | 8709 |
physically unable to open the container, a staff member may open | 8710 |
the container for the resident. | 8711 |
(3) Assist a physically impaired but mentally alert resident, | 8712 |
such as a resident with arthritis, cerebral palsy, or Parkinson's | 8713 |
disease, in removing oral or topical medication from containers | 8714 |
and in consuming or applying the medication, upon request by or | 8715 |
with the consent of the resident. If a resident is physically | 8716 |
unable to place a dose of medicine to the resident's mouth without | 8717 |
spilling it, a staff member may place the dose in a container and | 8718 |
place the container to the mouth of the resident. | 8719 |
(D)(1) Except as provided in division (D)(2) of this section, | 8720 |
a person operating or seeking to operate a residential facility | 8721 |
shall apply for licensure of the facility to the department of | 8722 |
mental health. The application shall be submitted by the operator. | 8723 |
When applying for the license, the applicant shall pay to the | 8724 |
department the application fee specified in rules adopted under | 8725 |
division (L) of this section. The fee is nonrefundable. | 8726 |
The department shall send a copy of an application to the | 8727 |
ADAMHS board serving the county in which the person operates or | 8728 |
seeks to operate the facility. The ADAMHS board shall review the | 8729 |
application and provide to the department any information about | 8730 |
the applicant or the facility that the board would like the | 8731 |
department to consider in reviewing the application. | 8732 |
(2) A person may not apply for a license to operate a | 8733 |
residential facility if the person is or has been the owner, | 8734 |
operator, or manager of a residential facility for which a license | 8735 |
to operate was revoked or for which renewal of a license was | 8736 |
refused for any reason other than nonpayment of the license | 8737 |
renewal fee, unless both of the following conditions are met: | 8738 |
(a) A period of not less than two years has elapsed since the | 8739 |
date the director of mental health issued the order revoking or | 8740 |
refusing to renew the facility's license. | 8741 |
(b) The director's revocation or refusal to renew the license | 8742 |
was not based on an act or omission at the facility that violated | 8743 |
a resident's right to be free from abuse, neglect, or | 8744 |
exploitation. | 8745 |
(E)(1) Any person may operate a residential facility | 8746 |
providing accommodations and personal care services for one to | 8747 |
five unrelated persons and licensed as a residential facility that | 8748 |
meets the criteria specified in division (A)(9)(b) of this section | 8749 |
as a permitted use in any residential district or zone, including | 8750 |
any single-family residential district or zone of any political | 8751 |
subdivision. Such facilities may be required to comply with area, | 8752 |
height, yard, and architectural compatibility requirements that | 8753 |
are uniformly imposed upon all single-family residences within the | 8754 |
district or zone. | 8755 |
(2) Any person may operate a residential facility providing | 8756 |
accommodations and personal care services for six to sixteen | 8757 |
persons and licensed as a residential facility that meets the | 8758 |
criteria specified in division (A)(9)(b) of this section as a | 8759 |
permitted use in any multiple-family residential district or zone | 8760 |
of any political subdivision, except that a political subdivision | 8761 |
that has enacted a zoning ordinance or resolution establishing | 8762 |
planned-unit development districts as defined in section 519.021 | 8763 |
of the Revised Code may exclude such facilities from such | 8764 |
districts, and a political subdivision that has enacted a zoning | 8765 |
ordinance or resolution may regulate such facilities in | 8766 |
multiple-family residential districts or zones as a conditionally | 8767 |
permitted use or special exception, in either case, under | 8768 |
reasonable and specific standards and conditions set out in the | 8769 |
zoning ordinance or resolution to: | 8770 |
(a) Require the architectural design and site layout of the | 8771 |
home and the location, nature, and height of any walls, screens, | 8772 |
and fences to be compatible with adjoining land uses and the | 8773 |
residential character of the neighborhood; | 8774 |
(b) Require compliance with yard, parking, and sign | 8775 |
regulation. | 8776 |
(3) Divisions (E)(1) and (2) of this section do not affect | 8777 |
any right of a political subdivision to permit a person to operate | 8778 |
a residential facility licensed under this section in a | 8779 |
single-family residential district or zone under conditions | 8780 |
established by the political subdivision. | 8781 |
(4)(a) Notwithstanding divisions (E)(1) and (2) of this | 8782 |
section and except as provided in division (E)(4)(b) of this | 8783 |
section, a political subdivision that has enacted a zoning | 8784 |
ordinance or resolution may limit the excessive concentration of | 8785 |
licensed residential facilities that meet the criteria specified | 8786 |
in division (A)(9)(b) of this section. | 8787 |
(b) Division (E)(4)(a) of this section does not authorize a | 8788 |
political subdivision to prevent or limit the continued existence | 8789 |
and operation of residential facilities existing and operating on | 8790 |
8791 | |
meet the criteria specified in division (A)(9)(b) of this section. | 8792 |
A political subdivision may consider the existence of such | 8793 |
facilities for the purpose of limiting the excessive concentration | 8794 |
of such facilities that meet the criteria specified in division | 8795 |
(A)(9)(b) of this section that are not existing and operating on | 8796 |
8797 |
(F)(1) The department of mental health shall inspect and | 8798 |
license the operation of residential facilities. The department | 8799 |
shall consider the past record of the facility and the applicant | 8800 |
or licensee in arriving at its licensure decision. | 8801 |
The department may issue full, probationary, and interim | 8802 |
licenses. A full license shall expire two years after the date of | 8803 |
issuance, a probationary license shall expire in a shorter period | 8804 |
of time as specified in rules adopted by the director of mental | 8805 |
health under division (L) of this section, and an interim license | 8806 |
shall expire ninety days after the date of issuance. A license may | 8807 |
be renewed in accordance with rules adopted by the director under | 8808 |
division (L) of this section. The renewal application shall be | 8809 |
submitted by the operator. When applying for renewal of a license, | 8810 |
the applicant shall pay to the department the renewal fee | 8811 |
specified in rules adopted under division (L) of this section. The | 8812 |
fee is nonrefundable. | 8813 |
(2) The department may issue an order suspending the | 8814 |
admission of residents to the facility or refuse to issue or renew | 8815 |
and may revoke a license if it finds the facility is not in | 8816 |
compliance with rules adopted by the director pursuant to division | 8817 |
(L) of this section or if any facility operated by the applicant | 8818 |
or licensee has been cited for repeated violations of statutes or | 8819 |
rules during the period of previous licenses. Proceedings | 8820 |
initiated to deny applications for full or probationary licenses | 8821 |
or to revoke such licenses are governed by Chapter 119. of the | 8822 |
Revised Code. | 8823 |
(G) The department may issue an interim license to operate a | 8824 |
residential facility if both of the following conditions are met: | 8825 |
(1) The department determines that the closing of or the need | 8826 |
to remove residents from another residential facility has created | 8827 |
an emergency situation requiring immediate removal of residents | 8828 |
and an insufficient number of licensed beds are available. | 8829 |
(2) The residential facility applying for an interim license | 8830 |
meets standards established for interim licenses in rules adopted | 8831 |
by the director under division (L) of this section. | 8832 |
An interim license shall be valid for ninety days and may be | 8833 |
renewed by the director no more than twice. Proceedings initiated | 8834 |
to deny applications for or to revoke interim licenses under this | 8835 |
division are not subject to Chapter 119. of the Revised Code. | 8836 |
(H)(1) The department of mental health may conduct an | 8837 |
inspection of a residential facility as follows: | 8838 |
(a) Prior to issuance of a license for the facility; | 8839 |
(b) Prior to renewal of the license; | 8840 |
(c) To determine whether the facility has completed a plan of | 8841 |
correction required pursuant to division (H)(2) of this section | 8842 |
and corrected deficiencies to the satisfaction of the department | 8843 |
and in compliance with this section and rules adopted pursuant to | 8844 |
it; | 8845 |
(d) Upon complaint by any individual or agency; | 8846 |
(e) At any time the director considers an inspection to be | 8847 |
necessary in order to determine whether the facility is in | 8848 |
compliance with this section and rules adopted pursuant to this | 8849 |
section. | 8850 |
(2) In conducting inspections the department may conduct an | 8851 |
on-site examination and evaluation of the residential facility and | 8852 |
its personnel, activities, and services. The department shall have | 8853 |
access to examine and copy all records, accounts, and any other | 8854 |
documents relating to the operation of the residential facility, | 8855 |
including records pertaining to residents, and shall have access | 8856 |
to the facility in order to conduct interviews with the operator, | 8857 |
staff, and residents. Following each inspection and review, the | 8858 |
department shall complete a report listing any deficiencies, and | 8859 |
including, when appropriate, a time table within which the | 8860 |
operator shall correct the deficiencies. The department may | 8861 |
require the operator to submit a plan of correction describing how | 8862 |
the deficiencies will be corrected. | 8863 |
(I) No person shall do any of the following: | 8864 |
(1) Operate a residential facility unless the facility holds | 8865 |
a valid license; | 8866 |
(2) Violate any of the conditions of licensure after having | 8867 |
been granted a license; | 8868 |
(3) Interfere with a state or local official's inspection or | 8869 |
investigation of a residential facility; | 8870 |
(4) Violate any of the provisions of this section or any | 8871 |
rules adopted pursuant to this section. | 8872 |
(J) The following may enter a residential facility at any | 8873 |
time: | 8874 |
(1) Employees designated by the director of mental health; | 8875 |
(2) Employees of an ADAMHS board under either of the | 8876 |
following circumstances: | 8877 |
(a) When a resident of the facility is receiving services | 8878 |
from a community mental health agency under contract with that | 8879 |
ADAMHS board or another ADAMHS board; | 8880 |
(b) When authorized by section 340.05 of the Revised Code. | 8881 |
(3) Employees of a community mental health agency under | 8882 |
either of the following circumstances: | 8883 |
(a) When the agency has a client residing in the facility; | 8884 |
(b) When the agency is acting as an agent of an ADAMHS board | 8885 |
other than the board with which it is under contract. | 8886 |
(4) Representatives of the state long-term care ombudsperson | 8887 |
program when the facility provides accommodations, supervision, | 8888 |
and personal care services for three to sixteen unrelated adults | 8889 |
or to one or two unrelated adults who are recipients under the | 8890 |
residential state supplement program. | 8891 |
The persons specified in division (J) of this section shall | 8892 |
be afforded access to examine and copy all records, accounts, and | 8893 |
any other documents relating to the operation of the residential | 8894 |
facility, including records pertaining to residents. | 8895 |
(K) Employees of the department of mental health may enter, | 8896 |
for the purpose of investigation, any institution, residence, | 8897 |
facility, or other structure which has been reported to the | 8898 |
department as, or that the department has reasonable cause to | 8899 |
believe is, operating as a residential facility without a valid | 8900 |
license. | 8901 |
(L) The director shall adopt and may amend and rescind rules | 8902 |
pursuant to Chapter 119. of the Revised Code governing the | 8903 |
licensing and operation of residential facilities. The rules shall | 8904 |
establish all of the following: | 8905 |
(1) Minimum standards for the health, safety, adequacy, and | 8906 |
cultural competency of treatment of and services for persons in | 8907 |
residential facilities; | 8908 |
(2) Procedures for the issuance, renewal, or revocation of | 8909 |
the licenses of residential facilities; | 8910 |
(3) Procedures for conducting criminal records checks for | 8911 |
prospective operators, staff, and other individuals who, if | 8912 |
employed by a residential facility, would have unsupervised access | 8913 |
to facility residents; | 8914 |
(4) The fee to be paid when applying for a new residential | 8915 |
facility license or renewing the license; | 8916 |
(5) Procedures for the operator of a residential facility to | 8917 |
follow when notifying the ADAMHS board serving the county in which | 8918 |
the facility is located when the facility is serving residents | 8919 |
with mental illness or severe mental disability, including the | 8920 |
circumstances under which the operator is required to make such a | 8921 |
notification; | 8922 |
(6) Procedures for the issuance and termination of orders of | 8923 |
suspension of admission of residents to a residential facility; | 8924 |
(7) Measures to be taken by residential facilities relative | 8925 |
to residents' medication; | 8926 |
(8) Requirements relating to preparation of special diets; | 8927 |
(9) The maximum number of residents who may be served in a | 8928 |
residential facility; | 8929 |
(10) The rights of residents of residential facilities and | 8930 |
procedures to protect such rights; | 8931 |
(11) Procedures for obtaining an affiliation agreement | 8932 |
approved by the board between a residential facility and a | 8933 |
community mental health agency; | 8934 |
(12) Standards and procedures under which the director may | 8935 |
waive the requirements of any of the rules adopted. | 8936 |
(M)(1) The department may withhold the source of any | 8937 |
complaint reported as a violation of this section when the | 8938 |
department determines that disclosure could be detrimental to the | 8939 |
department's purposes or could jeopardize the investigation. The | 8940 |
department may disclose the source of any complaint if the | 8941 |
complainant agrees in writing to such disclosure and shall | 8942 |
disclose the source upon order by a court of competent | 8943 |
jurisdiction. | 8944 |
(2) Any person who makes a complaint under division (M)(1) of | 8945 |
this section, or any person who participates in an administrative | 8946 |
or judicial proceeding resulting from such a complaint, is immune | 8947 |
from civil liability and is not subject to criminal prosecution, | 8948 |
other than for perjury, unless the person has acted in bad faith | 8949 |
or with malicious purpose. | 8950 |
(N)(1) The director of mental health may petition the court | 8951 |
of common pleas of the county in which a residential facility is | 8952 |
located for an order enjoining any person from operating a | 8953 |
residential facility without a license or from operating a | 8954 |
licensed facility when, in the director's judgment, there is a | 8955 |
present danger to the health or safety of any of the occupants of | 8956 |
the facility. The court shall have jurisdiction to grant such | 8957 |
injunctive relief upon a showing that the respondent named in the | 8958 |
petition is operating a facility without a license or there is a | 8959 |
present danger to the health or safety of any residents of the | 8960 |
facility. | 8961 |
(2) When the court grants injunctive relief in the case of a | 8962 |
facility operating without a license, the court shall issue, at a | 8963 |
minimum, an order enjoining the facility from admitting new | 8964 |
residents to the facility and an order requiring the facility to | 8965 |
assist with the safe and orderly relocation of the facility's | 8966 |
residents. | 8967 |
(3) If injunctive relief is granted against a facility for | 8968 |
operating without a license and the facility continues to operate | 8969 |
without a license, the director shall refer the case to the | 8970 |
attorney general for further action. | 8971 |
(O) The director may fine a person for violating division (I) | 8972 |
of this section. The fine shall be five hundred dollars for a | 8973 |
first offense; for each subsequent offense, the fine shall be one | 8974 |
thousand dollars. The director's actions in imposing a fine shall | 8975 |
be taken in accordance with Chapter 119. of the Revised Code. | 8976 |
Sec. 5120.55. (A) As used in this section, "licensed health | 8977 |
professional" means any or all of the following: | 8978 |
(1) A dentist who holds a current, valid license issued under | 8979 |
Chapter 4715. of the Revised Code to practice dentistry; | 8980 |
(2) A licensed practical nurse who holds a current, valid | 8981 |
license issued under Chapter 4723. of the Revised Code that | 8982 |
authorizes the practice of nursing as a licensed practical nurse; | 8983 |
(3) An optometrist who holds a current, valid certificate of | 8984 |
licensure issued under Chapter 4725. of the Revised Code that | 8985 |
authorizes the holder to engage in the practice of optometry; | 8986 |
(4) A physician who is authorized under Chapter 4731. of the | 8987 |
Revised Code to practice medicine and surgery, osteopathic | 8988 |
medicine and surgery, or | 8989 |
(5) A psychologist who holds a current, valid license issued | 8990 |
under Chapter 4732. of the Revised Code that authorizes the | 8991 |
practice of psychology as a licensed psychologist; | 8992 |
(6) A registered nurse who holds a current, valid license | 8993 |
issued under Chapter 4723. of the Revised Code that authorizes the | 8994 |
practice of nursing as a registered nurse | 8995 |
8996 | |
an advanced practice registered nurse as defined in section | 8997 |
4723.01 of the Revised Code. | 8998 |
(B)(1) The department of rehabilitation and correction may | 8999 |
establish a recruitment program under which the department, by | 9000 |
means of a contract entered into under division (C) of this | 9001 |
section, agrees to repay all or part of the principal and interest | 9002 |
of a government or other educational loan incurred by a licensed | 9003 |
health professional who agrees to provide services to inmates of | 9004 |
correctional institutions under the department's administration. | 9005 |
(2)(a) For a physician to be eligible to participate in the | 9006 |
program, the physician must have attended a school that was, | 9007 |
during the time of attendance, a medical school or osteopathic | 9008 |
medical school in this country accredited by the liaison committee | 9009 |
on medical education or the American osteopathic association, a | 9010 |
college of podiatry in this country recognized as being in good | 9011 |
standing under section 4731.53 of the Revised Code, or a medical | 9012 |
school, osteopathic medical school, or college of podiatry located | 9013 |
outside this country that was acknowledged by the world health | 9014 |
organization and verified by a member state of that organization | 9015 |
as operating within that state's jurisdiction. | 9016 |
(b) For a nurse to be eligible to participate in the program, | 9017 |
the nurse must have attended a school that was, during the time of | 9018 |
attendance, a nursing school in this country accredited by the | 9019 |
commission on collegiate nursing education or the national league | 9020 |
for nursing accrediting commission or a nursing school located | 9021 |
outside this country that was acknowledged by the world health | 9022 |
organization and verified by a member state of that organization | 9023 |
as operating within that state's jurisdiction. | 9024 |
(c) For a dentist to be eligible to participate in the | 9025 |
program, the dentist must have attended a school that was, during | 9026 |
the time of attendance, a dental college that enabled the dentist | 9027 |
to meet the requirements specified in section 4715.10 of the | 9028 |
Revised Code to be granted a license to practice dentistry. | 9029 |
(d) For an optometrist to be eligible to participate in the | 9030 |
program, the optometrist must have attended a school of optometry | 9031 |
that was, during the time of attendance, approved by the state | 9032 |
board of optometry. | 9033 |
(e) For a psychologist to be eligible to participate in the | 9034 |
program, the psychologist must have attended an educational | 9035 |
institution that, during the time of attendance, maintained a | 9036 |
specific degree program recognized by the state board of | 9037 |
psychology as acceptable for fulfilling the requirement of | 9038 |
division (B)(4) of section 4732.10 of the Revised Code. | 9039 |
(C) The department shall enter into a contract with each | 9040 |
licensed health professional it recruits under this section. Each | 9041 |
contract shall include at least the following terms: | 9042 |
(1) The licensed health professional agrees to provide a | 9043 |
specified scope of medical, osteopathic medical, podiatric, | 9044 |
optometric, psychological, nursing, or dental services to inmates | 9045 |
of one or more specified state correctional institutions for a | 9046 |
specified number of hours per week for a specified number of | 9047 |
years. | 9048 |
(2) The department agrees to repay all or a specified portion | 9049 |
of the principal and interest of a government or other educational | 9050 |
loan taken by the licensed health professional for the following | 9051 |
expenses to attend, for up to a maximum of four years, a school | 9052 |
that qualifies the licensed health professional to participate in | 9053 |
the program: | 9054 |
(a) Tuition; | 9055 |
(b) Other educational expenses for specific purposes, | 9056 |
including fees, books, and laboratory expenses, in amounts | 9057 |
determined to be reasonable in accordance with rules adopted under | 9058 |
division (D) of this section; | 9059 |
(c) Room and board, in an amount determined to be reasonable | 9060 |
in accordance with rules adopted under division (D) of this | 9061 |
section. | 9062 |
(3) The licensed health professional agrees to pay the | 9063 |
department a specified amount, which shall be no less than the | 9064 |
amount already paid by the department pursuant to its agreement, | 9065 |
as damages if the licensed health professional fails to complete | 9066 |
the service obligation agreed to or fails to comply with other | 9067 |
specified terms of the contract. The contract may vary the amount | 9068 |
of damages based on the portion of the service obligation that | 9069 |
remains uncompleted. | 9070 |
(4) Other terms agreed upon by the parties. | 9071 |
The licensed health professional's lending institution or the | 9072 |
Ohio board of regents, may be a party to the contract. The | 9073 |
contract may include an assignment to the department of the | 9074 |
licensed health professional's duty to repay the principal and | 9075 |
interest of the loan. | 9076 |
(D) If the department elects to implement the recruitment | 9077 |
program, it shall adopt rules in accordance with Chapter 119. of | 9078 |
the Revised Code that establish all of the following: | 9079 |
(1) Criteria for designating institutions for which licensed | 9080 |
health professionals will be recruited; | 9081 |
(2) Criteria for selecting licensed health professionals for | 9082 |
participation in the program; | 9083 |
(3) Criteria for determining the portion of a loan which the | 9084 |
department will agree to repay; | 9085 |
(4) Criteria for determining reasonable amounts of the | 9086 |
expenses described in divisions (C)(2)(b) and (c) of this section; | 9087 |
(5) Procedures for monitoring compliance by a licensed health | 9088 |
professional with the terms of the contract the licensed health | 9089 |
professional enters into under this section; | 9090 |
(6) Any other criteria or procedures necessary to implement | 9091 |
the program. | 9092 |
Section 2. That existing sections 109.57, 1337.11, 2133.01, | 9093 |
2305.113, 2305.234, 2317.54, 2711.22, 3701.881, 3701.92, 3701.923, | 9094 |
3701.924, 3701.925, 3701.926, 3701.927, 3701.928, 3701.929, | 9095 |
3712.01, 3712.03, 3712.09, 3712.99, 3721.01, 3793.11, 3795.01, | 9096 |
3963.01, 4503.44, 4719.01, 4723.01, 4723.03, 4723.06, 4723.063, | 9097 |
4723.07, 4723.08, 4723.09, 4723.17, 4723.171, 4723.24, 4723.271, | 9098 |
4723.28, 4723.32, 4723.34, 4723.35, 4723.41, 4723.42, 4723.43, | 9099 |
4723.431, 4723.44, 4723.48, 4723.482, 4723.485, 4723.487, 4723.50, | 9100 |
4723.61, 4723.64, 4723.65, 4723.651, 4723.652, 4723.66, 4723.67, | 9101 |
4723.68, 4723.69, 4723.71, 4723.72, 4723.73, 4723.74, 4723.75, | 9102 |
4723.751, 4723.76, 4723.77, 4723.79, 4723.83, 4723.84, 4723.87, | 9103 |
4723.88, 4723.99, 4752.02, 4759.01, 4759.03, 4759.05, 4759.06, | 9104 |
4759.10, 5111.222, 5111.231, 5111.24, 5111.242, 5111.246, 5111.25, | 9105 |
5111.88, 5111.981, 5119.22, and 5120.55 and sections 4723.483, | 9106 |
4723.62, 4723.621, 4723.63, and 4723.78 of the Revised Code are | 9107 |
hereby repealed. | 9108 |
Section 3. That Section 3.19 of Am. Sub. H.B. 95 of the 125th | 9109 |
General Assembly be amended to read as follows: | 9110 |
Sec. 3.19. Section 4723.063 of the Revised Code is hereby | 9111 |
repealed, effective December 31, | 9112 |
Section 4. That existing Section 3.19 of Am. Sub. H.B. 95 of | 9113 |
the 125th General Assembly is hereby repealed. | 9114 |
Section 5. Sections 1 to 4 of this act take effect ninety | 9115 |
days after the effective date of this act, except as follows: | 9116 |
(A) Section 3793.11 of the Revised Code, as amended by this | 9117 |
act, takes effect at the earliest time permitted by law; | 9118 |
(B) Sections 5111.22, 5111.231, 5111.24, 5111.242, 5111.246, | 9119 |
and 5111.25 of the Revised Code, as amended by this act, take | 9120 |
effect July 1, 2013. | 9121 |
Section 6. That the version of section 109.57 of the Revised | 9122 |
Code that is scheduled to take effect January 1, 2014, be amended | 9123 |
to read as follows: | 9124 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 9125 |
criminal identification and investigation shall procure from | 9126 |
wherever procurable and file for record photographs, pictures, | 9127 |
descriptions, fingerprints, measurements, and other information | 9128 |
that may be pertinent of all persons who have been convicted of | 9129 |
committing within this state a felony, any crime constituting a | 9130 |
misdemeanor on the first offense and a felony on subsequent | 9131 |
offenses, or any misdemeanor described in division (A)(1)(a), | 9132 |
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of | 9133 |
all children under eighteen years of age who have been adjudicated | 9134 |
delinquent children for committing within this state an act that | 9135 |
would be a felony or an offense of violence if committed by an | 9136 |
adult or who have been convicted of or pleaded guilty to | 9137 |
committing within this state a felony or an offense of violence, | 9138 |
and of all well-known and habitual criminals. The person in charge | 9139 |
of any county, multicounty, municipal, municipal-county, or | 9140 |
multicounty-municipal jail or workhouse, community-based | 9141 |
correctional facility, halfway house, alternative residential | 9142 |
facility, or state correctional institution and the person in | 9143 |
charge of any state institution having custody of a person | 9144 |
suspected of having committed a felony, any crime constituting a | 9145 |
misdemeanor on the first offense and a felony on subsequent | 9146 |
offenses, or any misdemeanor described in division (A)(1)(a), | 9147 |
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or | 9148 |
having custody of a child under eighteen years of age with respect | 9149 |
to whom there is probable cause to believe that the child may have | 9150 |
committed an act that would be a felony or an offense of violence | 9151 |
if committed by an adult shall furnish such material to the | 9152 |
superintendent of the bureau. Fingerprints, photographs, or other | 9153 |
descriptive information of a child who is under eighteen years of | 9154 |
age, has not been arrested or otherwise taken into custody for | 9155 |
committing an act that would be a felony or an offense of violence | 9156 |
who is not in any other category of child specified in this | 9157 |
division, if committed by an adult, has not been adjudicated a | 9158 |
delinquent child for committing an act that would be a felony or | 9159 |
an offense of violence if committed by an adult, has not been | 9160 |
convicted of or pleaded guilty to committing a felony or an | 9161 |
offense of violence, and is not a child with respect to whom there | 9162 |
is probable cause to believe that the child may have committed an | 9163 |
act that would be a felony or an offense of violence if committed | 9164 |
by an adult shall not be procured by the superintendent or | 9165 |
furnished by any person in charge of any county, multicounty, | 9166 |
municipal, municipal-county, or multicounty-municipal jail or | 9167 |
workhouse, community-based correctional facility, halfway house, | 9168 |
alternative residential facility, or state correctional | 9169 |
institution, except as authorized in section 2151.313 of the | 9170 |
Revised Code. | 9171 |
(2) Every clerk of a court of record in this state, other | 9172 |
than the supreme court or a court of appeals, shall send to the | 9173 |
superintendent of the bureau a weekly report containing a summary | 9174 |
of each case involving a felony, involving any crime constituting | 9175 |
a misdemeanor on the first offense and a felony on subsequent | 9176 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 9177 |
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or | 9178 |
involving an adjudication in a case in which a child under | 9179 |
eighteen years of age was alleged to be a delinquent child for | 9180 |
committing an act that would be a felony or an offense of violence | 9181 |
if committed by an adult. The clerk of the court of common pleas | 9182 |
shall include in the report and summary the clerk sends under this | 9183 |
division all information described in divisions (A)(2)(a) to (f) | 9184 |
of this section regarding a case before the court of appeals that | 9185 |
is served by that clerk. The summary shall be written on the | 9186 |
standard forms furnished by the superintendent pursuant to | 9187 |
division (B) of this section and shall include the following | 9188 |
information: | 9189 |
(a) The incident tracking number contained on the standard | 9190 |
forms furnished by the superintendent pursuant to division (B) of | 9191 |
this section; | 9192 |
(b) The style and number of the case; | 9193 |
(c) The date of arrest, offense, summons, or arraignment; | 9194 |
(d) The date that the person was convicted of or pleaded | 9195 |
guilty to the offense, adjudicated a delinquent child for | 9196 |
committing the act that would be a felony or an offense of | 9197 |
violence if committed by an adult, found not guilty of the | 9198 |
offense, or found not to be a delinquent child for committing an | 9199 |
act that would be a felony or an offense of violence if committed | 9200 |
by an adult, the date of an entry dismissing the charge, an entry | 9201 |
declaring a mistrial of the offense in which the person is | 9202 |
discharged, an entry finding that the person or child is not | 9203 |
competent to stand trial, or an entry of a nolle prosequi, or the | 9204 |
date of any other determination that constitutes final resolution | 9205 |
of the case; | 9206 |
(e) A statement of the original charge with the section of | 9207 |
the Revised Code that was alleged to be violated; | 9208 |
(f) If the person or child was convicted, pleaded guilty, or | 9209 |
was adjudicated a delinquent child, the sentence or terms of | 9210 |
probation imposed or any other disposition of the offender or the | 9211 |
delinquent child. | 9212 |
If the offense involved the disarming of a law enforcement | 9213 |
officer or an attempt to disarm a law enforcement officer, the | 9214 |
clerk shall clearly state that fact in the summary, and the | 9215 |
superintendent shall ensure that a clear statement of that fact is | 9216 |
placed in the bureau's records. | 9217 |
(3) The superintendent shall cooperate with and assist | 9218 |
sheriffs, chiefs of police, and other law enforcement officers in | 9219 |
the establishment of a complete system of criminal identification | 9220 |
and in obtaining fingerprints and other means of identification of | 9221 |
all persons arrested on a charge of a felony, any crime | 9222 |
constituting a misdemeanor on the first offense and a felony on | 9223 |
subsequent offenses, or a misdemeanor described in division | 9224 |
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the | 9225 |
Revised Code and of all children under eighteen years of age | 9226 |
arrested or otherwise taken into custody for committing an act | 9227 |
that would be a felony or an offense of violence if committed by | 9228 |
an adult. The superintendent also shall file for record the | 9229 |
fingerprint impressions of all persons confined in a county, | 9230 |
multicounty, municipal, municipal-county, or multicounty-municipal | 9231 |
jail or workhouse, community-based correctional facility, halfway | 9232 |
house, alternative residential facility, or state correctional | 9233 |
institution for the violation of state laws and of all children | 9234 |
under eighteen years of age who are confined in a county, | 9235 |
multicounty, municipal, municipal-county, or multicounty-municipal | 9236 |
jail or workhouse, community-based correctional facility, halfway | 9237 |
house, alternative residential facility, or state correctional | 9238 |
institution or in any facility for delinquent children for | 9239 |
committing an act that would be a felony or an offense of violence | 9240 |
if committed by an adult, and any other information that the | 9241 |
superintendent may receive from law enforcement officials of the | 9242 |
state and its political subdivisions. | 9243 |
(4) The superintendent shall carry out Chapter 2950. of the | 9244 |
Revised Code with respect to the registration of persons who are | 9245 |
convicted of or plead guilty to a sexually oriented offense or a | 9246 |
child-victim oriented offense and with respect to all other duties | 9247 |
imposed on the bureau under that chapter. | 9248 |
(5) The bureau shall perform centralized recordkeeping | 9249 |
functions for criminal history records and services in this state | 9250 |
for purposes of the national crime prevention and privacy compact | 9251 |
set forth in section 109.571 of the Revised Code and is the | 9252 |
criminal history record repository as defined in that section for | 9253 |
purposes of that compact. The superintendent or the | 9254 |
superintendent's designee is the compact officer for purposes of | 9255 |
that compact and shall carry out the responsibilities of the | 9256 |
compact officer specified in that compact. | 9257 |
(B) The superintendent shall prepare and furnish to every | 9258 |
county, multicounty, municipal, municipal-county, or | 9259 |
multicounty-municipal jail or workhouse, community-based | 9260 |
correctional facility, halfway house, alternative residential | 9261 |
facility, or state correctional institution and to every clerk of | 9262 |
a court in this state specified in division (A)(2) of this section | 9263 |
standard forms for reporting the information required under | 9264 |
division (A) of this section. The standard forms that the | 9265 |
superintendent prepares pursuant to this division may be in a | 9266 |
tangible format, in an electronic format, or in both tangible | 9267 |
formats and electronic formats. | 9268 |
(C)(1) The superintendent may operate a center for | 9269 |
electronic, automated, or other data processing for the storage | 9270 |
and retrieval of information, data, and statistics pertaining to | 9271 |
criminals and to children under eighteen years of age who are | 9272 |
adjudicated delinquent children for committing an act that would | 9273 |
be a felony or an offense of violence if committed by an adult, | 9274 |
criminal activity, crime prevention, law enforcement, and criminal | 9275 |
justice, and may establish and operate a statewide communications | 9276 |
network to be known as the Ohio law enforcement gateway to gather | 9277 |
and disseminate information, data, and statistics for the use of | 9278 |
law enforcement agencies and for other uses specified in this | 9279 |
division. The superintendent may gather, store, retrieve, and | 9280 |
disseminate information, data, and statistics that pertain to | 9281 |
children who are under eighteen years of age and that are gathered | 9282 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 9283 |
with information, data, and statistics that pertain to adults and | 9284 |
that are gathered pursuant to those sections. | 9285 |
(2) The superintendent or the superintendent's designee shall | 9286 |
gather information of the nature described in division (C)(1) of | 9287 |
this section that pertains to the offense and delinquency history | 9288 |
of a person who has been convicted of, pleaded guilty to, or been | 9289 |
adjudicated a delinquent child for committing a sexually oriented | 9290 |
offense or a child-victim oriented offense for inclusion in the | 9291 |
state registry of sex offenders and child-victim offenders | 9292 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 9293 |
Revised Code and in the internet database operated pursuant to | 9294 |
division (A)(13) of that section and for possible inclusion in the | 9295 |
internet database operated pursuant to division (A)(11) of that | 9296 |
section. | 9297 |
(3) In addition to any other authorized use of information, | 9298 |
data, and statistics of the nature described in division (C)(1) of | 9299 |
this section, the superintendent or the superintendent's designee | 9300 |
may provide and exchange the information, data, and statistics | 9301 |
pursuant to the national crime prevention and privacy compact as | 9302 |
described in division (A)(5) of this section. | 9303 |
(4) The attorney general may adopt rules under Chapter 119. | 9304 |
of the Revised Code establishing guidelines for the operation of | 9305 |
and participation in the Ohio law enforcement gateway. The rules | 9306 |
may include criteria for granting and restricting access to | 9307 |
information gathered and disseminated through the Ohio law | 9308 |
enforcement gateway. The attorney general shall permit the state | 9309 |
medical board and board of nursing to access and view, but not | 9310 |
alter, information gathered and disseminated through the Ohio law | 9311 |
enforcement gateway. | 9312 |
The attorney general may appoint a steering committee to | 9313 |
advise the attorney general in the operation of the Ohio law | 9314 |
enforcement gateway that is comprised of persons who are | 9315 |
representatives of the criminal justice agencies in this state | 9316 |
that use the Ohio law enforcement gateway and is chaired by the | 9317 |
superintendent or the superintendent's designee. | 9318 |
(D)(1) The following are not public records under section | 9319 |
149.43 of the Revised Code: | 9320 |
(a) Information and materials furnished to the superintendent | 9321 |
pursuant to division (A) of this section; | 9322 |
(b) Information, data, and statistics gathered or | 9323 |
disseminated through the Ohio law enforcement gateway pursuant to | 9324 |
division (C)(1) of this section; | 9325 |
(c) Information and materials furnished to any board or | 9326 |
person under division (F) or (G) of this section. | 9327 |
(2) The superintendent or the superintendent's designee shall | 9328 |
gather and retain information so furnished under division (A) of | 9329 |
this section that pertains to the offense and delinquency history | 9330 |
of a person who has been convicted of, pleaded guilty to, or been | 9331 |
adjudicated a delinquent child for committing a sexually oriented | 9332 |
offense or a child-victim oriented offense for the purposes | 9333 |
described in division (C)(2) of this section. | 9334 |
(E)(1) The attorney general shall adopt rules, in accordance | 9335 |
with Chapter 119. of the Revised Code and subject to division | 9336 |
(E)(2) of this section, setting forth the procedure by which a | 9337 |
person may receive or release information gathered by the | 9338 |
superintendent pursuant to division (A) of this section. A | 9339 |
reasonable fee may be charged for this service. If a temporary | 9340 |
employment service submits a request for a determination of | 9341 |
whether a person the service plans to refer to an employment | 9342 |
position has been convicted of or pleaded guilty to an offense | 9343 |
listed or described in division (A)(1), (2), or (3) of section | 9344 |
109.572 of the Revised Code, the request shall be treated as a | 9345 |
single request and only one fee shall be charged. | 9346 |
(2) Except as otherwise provided in this division, a rule | 9347 |
adopted under division (E)(1) of this section may provide only for | 9348 |
the release of information gathered pursuant to division (A) of | 9349 |
this section that relates to the conviction of a person, or a | 9350 |
person's plea of guilty to, a criminal offense. The superintendent | 9351 |
shall not release, and the attorney general shall not adopt any | 9352 |
rule under division (E)(1) of this section that permits the | 9353 |
release of, any information gathered pursuant to division (A) of | 9354 |
this section that relates to an adjudication of a child as a | 9355 |
delinquent child, or that relates to a criminal conviction of a | 9356 |
person under eighteen years of age if the person's case was | 9357 |
transferred back to a juvenile court under division (B)(2) or (3) | 9358 |
of section 2152.121 of the Revised Code and the juvenile court | 9359 |
imposed a disposition or serious youthful offender disposition | 9360 |
upon the person under either division, unless either of the | 9361 |
following applies with respect to the adjudication or conviction: | 9362 |
(a) The adjudication or conviction was for a violation of | 9363 |
section 2903.01 or 2903.02 of the Revised Code. | 9364 |
(b) The adjudication or conviction was for a sexually | 9365 |
oriented offense, the juvenile court was required to classify the | 9366 |
child a juvenile offender registrant for that offense under | 9367 |
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that | 9368 |
classification has not been removed. | 9369 |
(F)(1) As used in division (F)(2) of this section, "head | 9370 |
start agency" means an entity in this state that has been approved | 9371 |
to be an agency for purposes of subchapter II of the "Community | 9372 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 9373 |
as amended. | 9374 |
(2)(a) In addition to or in conjunction with any request that | 9375 |
is required to be made under section 109.572, 2151.86, 3301.32, | 9376 |
3301.541, division (C) of section 3310.58, or section 3319.39, | 9377 |
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or | 9378 |
5153.111 of the Revised Code or that is made under section | 9379 |
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the | 9380 |
board of education of any school district; the director of | 9381 |
developmental disabilities; any county board of developmental | 9382 |
disabilities; any provider or subcontractor as defined in section | 9383 |
5123.081 of the Revised Code; the chief administrator of any | 9384 |
chartered nonpublic school; the chief administrator of a | 9385 |
registered private provider that is not also a chartered nonpublic | 9386 |
school; the chief administrator of any home health agency; the | 9387 |
chief administrator of or person operating any child day-care | 9388 |
center, type A family day-care home, or type B family day-care | 9389 |
home licensed under Chapter 5104. of the Revised Code; the chief | 9390 |
administrator of any head start agency; the executive director of | 9391 |
a public children services agency; a private company described in | 9392 |
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised | 9393 |
Code; or an employer described in division (J)(2) of section | 9394 |
3327.10 of the Revised Code may request that the superintendent of | 9395 |
the bureau investigate and determine, with respect to any | 9396 |
individual who has applied for employment in any position after | 9397 |
October 2, 1989, or any individual wishing to apply for employment | 9398 |
with a board of education may request, with regard to the | 9399 |
individual, whether the bureau has any information gathered under | 9400 |
division (A) of this section that pertains to that individual. On | 9401 |
receipt of the request, subject to division (E)(2) of this | 9402 |
section, the superintendent shall determine whether that | 9403 |
information exists and, upon request of the person, board, or | 9404 |
entity requesting information, also shall request from the federal | 9405 |
bureau of investigation any criminal records it has pertaining to | 9406 |
that individual. The superintendent or the superintendent's | 9407 |
designee also may request criminal history records from other | 9408 |
states or the federal government pursuant to the national crime | 9409 |
prevention and privacy compact set forth in section 109.571 of the | 9410 |
Revised Code. Within thirty days of the date that the | 9411 |
superintendent receives a request, subject to division (E)(2) of | 9412 |
this section, the superintendent shall send to the board, entity, | 9413 |
or person a report of any information that the superintendent | 9414 |
determines exists, including information contained in records that | 9415 |
have been sealed under section 2953.32 of the Revised Code, and, | 9416 |
within thirty days of its receipt, subject to division (E)(2) of | 9417 |
this section, shall send the board, entity, or person a report of | 9418 |
any information received from the federal bureau of investigation, | 9419 |
other than information the dissemination of which is prohibited by | 9420 |
federal law. | 9421 |
(b) When a board of education or a registered private | 9422 |
provider is required to receive information under this section as | 9423 |
a prerequisite to employment of an individual pursuant to division | 9424 |
(C) of section 3310.58 or section 3319.39 of the Revised Code, it | 9425 |
may accept a certified copy of records that were issued by the | 9426 |
bureau of criminal identification and investigation and that are | 9427 |
presented by an individual applying for employment with the | 9428 |
district in lieu of requesting that information itself. In such a | 9429 |
case, the board shall accept the certified copy issued by the | 9430 |
bureau in order to make a photocopy of it for that individual's | 9431 |
employment application documents and shall return the certified | 9432 |
copy to the individual. In a case of that nature, a district or | 9433 |
provider only shall accept a certified copy of records of that | 9434 |
nature within one year after the date of their issuance by the | 9435 |
bureau. | 9436 |
(c) Notwithstanding division (F)(2)(a) of this section, in | 9437 |
the case of a request under section 3319.39, 3319.391, or 3327.10 | 9438 |
of the Revised Code only for criminal records maintained by the | 9439 |
federal bureau of investigation, the superintendent shall not | 9440 |
determine whether any information gathered under division (A) of | 9441 |
this section exists on the person for whom the request is made. | 9442 |
(3) The state board of education may request, with respect to | 9443 |
any individual who has applied for employment after October 2, | 9444 |
1989, in any position with the state board or the department of | 9445 |
education, any information that a school district board of | 9446 |
education is authorized to request under division (F)(2) of this | 9447 |
section, and the superintendent of the bureau shall proceed as if | 9448 |
the request has been received from a school district board of | 9449 |
education under division (F)(2) of this section. | 9450 |
(4) When the superintendent of the bureau receives a request | 9451 |
for information under section 3319.291 of the Revised Code, the | 9452 |
superintendent shall proceed as if the request has been received | 9453 |
from a school district board of education and shall comply with | 9454 |
divisions (F)(2)(a) and (c) of this section. | 9455 |
(5) When a recipient of a classroom reading improvement grant | 9456 |
paid under section 3301.86 of the Revised Code requests, with | 9457 |
respect to any individual who applies to participate in providing | 9458 |
any program or service funded in whole or in part by the grant, | 9459 |
the information that a school district board of education is | 9460 |
authorized to request under division (F)(2)(a) of this section, | 9461 |
the superintendent of the bureau shall proceed as if the request | 9462 |
has been received from a school district board of education under | 9463 |
division (F)(2)(a) of this section. | 9464 |
(G) In addition to or in conjunction with any request that is | 9465 |
required to be made under section 3701.881, 3712.09, or 3721.121 | 9466 |
of the Revised Code with respect to an individual who has applied | 9467 |
for employment in a position that involves providing direct care | 9468 |
to an older adult or adult resident, the chief administrator of a | 9469 |
home health agency, hospice care program, home licensed under | 9470 |
Chapter 3721. of the Revised Code, or adult day-care program | 9471 |
operated pursuant to rules adopted under section 3721.04 of the | 9472 |
Revised Code may request that the superintendent of the bureau | 9473 |
investigate and determine, with respect to any individual who has | 9474 |
applied after January 27, 1997, for employment in a position that | 9475 |
does not involve providing direct care to an older adult or adult | 9476 |
resident, whether the bureau has any information gathered under | 9477 |
division (A) of this section that pertains to that individual. | 9478 |
In addition to or in conjunction with any request that is | 9479 |
required to be made under section 173.27 of the Revised Code with | 9480 |
respect to an individual who has applied for employment in a | 9481 |
position that involves providing ombudsperson services to | 9482 |
residents of long-term care facilities or recipients of | 9483 |
community-based long-term care services, the state long-term care | 9484 |
ombudsperson, ombudsperson's designee, or director of health may | 9485 |
request that the superintendent investigate and determine, with | 9486 |
respect to any individual who has applied for employment in a | 9487 |
position that does not involve providing such ombudsperson | 9488 |
services, whether the bureau has any information gathered under | 9489 |
division (A) of this section that pertains to that applicant. | 9490 |
In addition to or in conjunction with any request that is | 9491 |
required to be made under section 173.394 of the Revised Code with | 9492 |
respect to an individual who has applied for employment in a | 9493 |
position that involves providing direct care to an individual, the | 9494 |
chief administrator of a community-based long-term care agency may | 9495 |
request that the superintendent investigate and determine, with | 9496 |
respect to any individual who has applied for employment in a | 9497 |
position that does not involve providing direct care, whether the | 9498 |
bureau has any information gathered under division (A) of this | 9499 |
section that pertains to that applicant. | 9500 |
In addition to or in conjunction with any request that is | 9501 |
required to be made under section 3712.09 of the Revised Code with | 9502 |
respect to an individual who has applied for employment in a | 9503 |
position that involves providing direct care to a pediatric | 9504 |
respite care patient, the chief administrator of a pediatric | 9505 |
respite care program may request that the superintendent of the | 9506 |
bureau investigate and determine, with respect to any individual | 9507 |
who has applied for employment in a position that does not involve | 9508 |
providing direct care to a pediatric respite care patient, whether | 9509 |
the bureau has any information gathered under division (A) of this | 9510 |
section that pertains to that individual. | 9511 |
On receipt of a request under this division, the | 9512 |
superintendent shall determine whether that information exists | 9513 |
and, on request of the individual requesting information, shall | 9514 |
also request from the federal bureau of investigation any criminal | 9515 |
records it has pertaining to the applicant. The superintendent or | 9516 |
the superintendent's designee also may request criminal history | 9517 |
records from other states or the federal government pursuant to | 9518 |
the national crime prevention and privacy compact set forth in | 9519 |
section 109.571 of the Revised Code. Within thirty days of the | 9520 |
date a request is received, subject to division (E)(2) of this | 9521 |
section, the superintendent shall send to the requester a report | 9522 |
of any information determined to exist, including information | 9523 |
contained in records that have been sealed under section 2953.32 | 9524 |
of the Revised Code, and, within thirty days of its receipt, shall | 9525 |
send the requester a report of any information received from the | 9526 |
federal bureau of investigation, other than information the | 9527 |
dissemination of which is prohibited by federal law. | 9528 |
(H) Information obtained by a government entity or person | 9529 |
under this section is confidential and shall not be released or | 9530 |
disseminated. | 9531 |
(I) The superintendent may charge a reasonable fee for | 9532 |
providing information or criminal records under division (F)(2) or | 9533 |
(G) of this section. | 9534 |
(J) As used in this section: | 9535 |
(1) "Pediatric respite care program" and "pediatric care | 9536 |
patient" have the same meanings as in section 3712.01 of the | 9537 |
Revised Code. | 9538 |
(2) "Sexually oriented offense" and "child-victim oriented | 9539 |
offense" have the same meanings as in section 2950.01 of the | 9540 |
Revised Code. | 9541 |
| 9542 |
or entity registered with the superintendent of public instruction | 9543 |
under section 3310.41 of the Revised Code to participate in the | 9544 |
autism scholarship program or section 3310.58 of the Revised Code | 9545 |
to participate in the Jon Peterson special needs scholarship | 9546 |
program. | 9547 |
Section 7. That the existing version of section 109.57 of the | 9548 |
Revised Code that is scheduled to take effect January 1, 2014, is | 9549 |
hereby repealed. | 9550 |
Section 7A. Sections 5 and 6 of this act take effect January | 9551 |
1, 2014. | 9552 |
Section 8. The provisions of this act regarding the licensure | 9553 |
of pediatric respite care programs, as provided in the amendment | 9554 |
and enactment of sections 3712.01, 3712.03, 3712.031, 3712.041, | 9555 |
3712.051, 3712.061 3712.09, and 3712.99 of the Revised Code, shall | 9556 |
be known as "Sarah's Law." | 9557 |
Section 9. In the case of an application pending on the | 9558 |
effective date of this section for a license to maintain methadone | 9559 |
treatment, the requirement of division (C)(6) of section 3793.11 | 9560 |
of the Revised Code, as amended by this act, shall be applied by | 9561 |
the Department of Alcohol and Drug Addiction Services in | 9562 |
determining whether to issue the license. The Department may waive | 9563 |
the requirement pursuant to division (D) of section 3793.11 of the | 9564 |
Revised Code, as amended by this act. | 9565 |
Section 10. (A) Notwithstanding the provisions of section | 9566 |
4723.482 of the Revised Code specifying that the course of study | 9567 |
in advanced pharmacology and related topics that must be completed | 9568 |
as a condition of eligibility to receive a certificate to | 9569 |
prescribe from the Board of Nursing is to consist of planned | 9570 |
classroom and clinical instruction, the Board may accept | 9571 |
instruction completed in another form, including instruction | 9572 |
obtained through an internet-based program, as fulfillment of all | 9573 |
or part of the requirement of division (B)(5)(d) of that section | 9574 |
to complete instruction specific to schedule II controlled | 9575 |
substances. To be accepted by the Board, the instruction obtained | 9576 |
in another form shall meet all other standards established in | 9577 |
rules adopted under section 4723.50 of the Revised Code regarding | 9578 |
the required instruction specific to schedule II controlled | 9579 |
substances. | 9580 |
(B) Division (A) of this section applies only in the case of | 9581 |
an applicant who completed the required course of study prior to | 9582 |
the effective date of this section and does not alter the | 9583 |
requirement of division (B)(1) of section 4723.482 of the Revised | 9584 |
Code that the course of study be completed not longer than three | 9585 |
years before an application for a certificate to prescribe is | 9586 |
filed. | 9587 |
Section 11. (A) As used in this section, "intermediate care | 9588 |
facility for individuals with intellectual disabilities" and | 9589 |
"ICF/IID" mean an intermediate care facility for the mentally | 9590 |
retarded as defined in the "Social Security Act," section 1905(d), | 9591 |
42 U.S.C. 1396d(d). | 9592 |
(B) The Department of Developmental Disabilities may conduct | 9593 |
or contract with another entity to conduct, for the first quarter | 9594 |
of calendar year 2013, assessments of all residents of each | 9595 |
ICF/IID, regardless of payment source, who are in the ICF/IID, or | 9596 |
on hospital or therapeutic leave from the ICF/IID, on the day or | 9597 |
days that the assessments are conducted at the ICF/IID. | 9598 |
(C) If assessments are conducted under division (B) of this | 9599 |
section, the Department shall do all of the following: | 9600 |
(1) In conducting the assessments, provide for both of the | 9601 |
following: | 9602 |
(a) The resident assessment instrument prescribed in rules | 9603 |
authorized by division (B) of section 5111.232 of the Revised Code | 9604 |
to be used in accordance with an inter-rater reliable process; | 9605 |
(b) The assessments to be performed by individuals who meet | 9606 |
the requirements to be qualified intellectual disability | 9607 |
professionals, as specified in 42 C.F.R. 483.430(a). | 9608 |
(2) Use the data obtained from the assessments to determine | 9609 |
each ICF/IID's case-mix score for the first quarter of calendar | 9610 |
year 2013; | 9611 |
(3) For the purpose of determining each ICF/IID's fiscal year | 9612 |
2014 Medicaid rates for direct care costs and subject to divisions | 9613 |
(C)(8) and (E) of this section, do both of the following: | 9614 |
(a) In determining costs per case-mix units and maximum costs | 9615 |
per case-mix units for the purpose of division (B) of section | 9616 |
5111.23 of the Revised Code, use each ICF/IID's case-mix score | 9617 |
determined under division (C)(2) of this section in place of the | 9618 |
ICF/IID's average case-mix score for calendar year 2012; | 9619 |
(b) Instead of determining quarterly Medicaid rates for the | 9620 |
direct care costs of each ICF/IID pursuant to division (D) of | 9621 |
section 5111.23 of the Revised Code, determine, as follows, one | 9622 |
Medicaid rate for the direct care costs of each ICF/IID to be paid | 9623 |
for all of fiscal year 2014: | 9624 |
(i) Multiply the ICF/IID's case-mix score determined under | 9625 |
division (C)(2) of this section by the lesser of the cost per | 9626 |
case-mix unit determined for the ICF/IID pursuant to division | 9627 |
(C)(3)(a) of this section or the maximum cost per case-mix unit | 9628 |
determined for the ICF/IID's peer group pursuant to division | 9629 |
(C)(3)(a) of this section; | 9630 |
(ii) Adjust the product determined under division | 9631 |
(C)(3)(b)(i) of this section by the inflation rate estimated in | 9632 |
accordance with division (B)(3) of section 5111.23 of the Revised | 9633 |
Code. | 9634 |
(4) For the purpose of determining each ICF/IID's fiscal year | 9635 |
2015 Medicaid rates for direct care costs and subject to division | 9636 |
(C)(8) of this section, use the following when determining, | 9637 |
pursuant to the second paragraph of division (C) of section | 9638 |
5111.232 of the Revised Code, each ICF/IID's annual average | 9639 |
case-mix score for calendar year 2013: | 9640 |
(a) For the first quarter of calendar year 2013, the | 9641 |
ICF/IID's case-mix score determined under division (C)(2) of this | 9642 |
section; | 9643 |
(b) For the last three quarters of calendar year 2013 and | 9644 |
except as provided in division (D) of section 5111.232 of the | 9645 |
Revised Code, the ICF/IID's case-mix scores determined by using | 9646 |
the data the ICF/IID provider compiles in accordance with the | 9647 |
first paragraph of division (C) of section 5111.232 of the Revised | 9648 |
Code. | 9649 |
(5) Notify each ICF/IID provider that the provider is | 9650 |
permitted but not required to compile assessment data for the | 9651 |
first quarter of calendar year 2013 pursuant to the first | 9652 |
paragraph of division (C) of section 5111.232 of the Revised Code; | 9653 |
(6) After the assessments of all of an ICF/IID's residents | 9654 |
are completed but not later than April 30, 2013, provide, or have | 9655 |
the entity (if any) with which the Department contracts pursuant | 9656 |
to division (B) of this section provide, the results of the | 9657 |
assessments to the ICF/IID provider; | 9658 |
(7) Conduct, in accordance with division (C)(8) of this | 9659 |
section, a reconsideration for any ICF/IID provider who does both | 9660 |
of the following: | 9661 |
(a) Submits a written request for the reconsideration to the | 9662 |
Department not later than fifteen days after the provider receives | 9663 |
the assessments' results pursuant to division (C)(6) of this | 9664 |
section; | 9665 |
(b) Includes in the request all of the following: | 9666 |
(i) A detailed explanation of the items in the assessments' | 9667 |
results that the provider disputes; | 9668 |
(ii) Copies of relevant supporting documentation from | 9669 |
specific resident records; | 9670 |
(iii) The provider's proposed resolution of the disputes. | 9671 |
(8) When conducting a reconsideration required by division | 9672 |
(C)(7) of this section, do both of the following: | 9673 |
(a) Consider all of the following: | 9674 |
(i) The historic results of the resident assessments | 9675 |
performed pursuant to the first paragraph of division (C) of | 9676 |
section 5111.232 of the Revised Code by the ICF/IID provider who | 9677 |
requested the reconsideration; | 9678 |
(ii) All of the materials the provider includes in the | 9679 |
reconsideration request; | 9680 |
(iii) All other matters the Department determines necessary | 9681 |
for consideration. | 9682 |
(b) Issue a written decision regarding the reconsideration | 9683 |
not later than the sooner of the following: | 9684 |
(i) Thirty days after the Department receives the | 9685 |
reconsideration request; | 9686 |
(ii) June 1, 2013. | 9687 |
(D) The Department's decision regarding a reconsideration | 9688 |
required by division (C)(7) of this section is final and not | 9689 |
subject to further appeal. | 9690 |
(E) Regardless of what an ICF/IID's case-mix score is | 9691 |
determined to be under division (C)(2) of this section or pursuant | 9692 |
to a reconsideration required by division (C)(7) of this section, | 9693 |
no such case-mix score shall cause an ICF/IID's fiscal year 2014 | 9694 |
Medicaid rate for direct care costs to be less than ninety per | 9695 |
cent of its June 30, 2013, Medicaid rate for direct care costs. | 9696 |
(F) No ICF/IID provider shall be treated as having failed, | 9697 |
for the first quarter of calendar year 2013, to timely submit data | 9698 |
necessary to determine the ICF/IID's case-mix score for that | 9699 |
quarter if the assessment is to be conducted under division (B) of | 9700 |
this section. | 9701 |
(G) The Department may provide for assessments to be | 9702 |
conducted under division (B) of this section and, if it so | 9703 |
provides, shall comply with the other divisions of this section | 9704 |
notwithstanding anything to the contrary in sections 5111.20, | 9705 |
5111.23, and 5111.232 of the Revised Code. | 9706 |
Section 12. Section 109.57 of the Revised Code appears for | 9707 |
purposes of its amendment by this act having been harmonized to | 9708 |
include amendments of earlier acts having effective dates that are | 9709 |
earlier and later than the effective date of the amendments by | 9710 |
this act. This act neither delays nor accelerates those other | 9711 |
effective dates, and the earlier amendments take effect according | 9712 |
to the acts in which they appear. | 9713 |
Section 13. Section 109.57 of the Revised Code is presented | 9714 |
in this act as a composite of the section as amended by both Am. | 9715 |
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly. | 9716 |
The version of section 109.57 of the Revised Code that takes | 9717 |
effect on January 1, 2014, is presented in this act as a composite | 9718 |
of the section as amended by Am. Sub. H.B. 487, Am. Sub. S.B. 316, | 9719 |
and Am. Sub. S.B. 337, all of the 129th General Assembly. The | 9720 |
General Assembly, applying the principle stated in division (B) of | 9721 |
section 1.52 of the Revised Code that amendments are to be | 9722 |
harmonized if reasonably capable of simultaneous operation, finds | 9723 |
that the composites are the resulting versions of the sections in | 9724 |
effect prior to the effective date of the sections as presented in | 9725 |
this act. | 9726 |
Section 14. This act is hereby declared to be an emergency | 9727 |
measure necessary for the immediate preservation of the public | 9728 |
peace, health, and safety. The reason for such necessity is that | 9729 |
the certain reforms included in the provisions of this act are | 9730 |
immediately needed to ensure the efficient regulation of nursing | 9731 |
services in this state, to create a safe environment for the youth | 9732 |
of this state while also fulfilling the need to deliver effective | 9733 |
addiction services to others, and to establish appropriate systems | 9734 |
for conducting assessments of residents of facilities providing | 9735 |
needed care to individuals in this state with intellectual | 9736 |
disabilities. Therefore, this act shall go into immediate effect. | 9737 |