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To amend sections 2305.113, 2305.234, 2711.22, | 1 |
3701.92, 3701.923, 3701.924, 3701.925, 3701.926, | 2 |
3701.927, 3701.928, 3701.929, 3793.11, 3963.01, | 3 |
4503.44, 4723.01, 4723.03, 4723.06, 4723.063, | 4 |
4723.07, 4723.08, 4723.09, 4723.17, 4723.171, | 5 |
4723.24, 4723.271, 4723.28, 4723.32, 4723.34, | 6 |
4723.35, 4723.41, 4723.42, 4723.43, 4723.431, | 7 |
4723.44, 4723.48, 4723.482, 4723.485, 4723.487, | 8 |
4723.50, 4723.61, 4723.64, 4723.65, 4723.651, | 9 |
4723.652, 4723.66, 4723.67, 4723.68, 4723.69, | 10 |
4723.71, 4723.72, 4723.73, 4723.74, 4723.75, | 11 |
4723.751, 4723.76, 4723.77, 4723.79, 4723.83, | 12 |
4723.84, 4723.87, 4723.88, 4723.99, 4759.01, | 13 |
4759.03, 4759.05, 4759.06, 4759.10, 5111.222, | 14 |
5111.231, 5111.24, 5111.242, 5111.246, 5111.25, | 15 |
5111.88, 5111.981, and 5120.55; to amend, for the | 16 |
purpose of adopting new section numbers as | 17 |
indicated in parentheses, sections 4723.17 | 18 |
(4723.18) and 4723.171 (4723.181); to enact new | 19 |
section 4723.17 and sections 4723.091, 4723.092, | 20 |
4723.19, 4723.653, and 5111.982; to repeal | 21 |
sections 4723.483, 4723.62, 4723.621, 4723.63, and | 22 |
4723.78 of the Revised Code; and to amend Section | 23 |
3.19 of Am. Sub. H.B. 95 of the 125th General | 24 |
Assembly to revise the laws administered by the | 25 |
Board of Nursing and the professionals regulated | 26 |
by the Board, to update statutory references to | 27 |
professional organizations of dietitians, to | 28 |
extend qualified immunity from civil liability for | 29 |
volunteer services provided by certain behavioral | 30 |
health professionals, to modify the requirements | 31 |
for licensure of methadone treatment programs, to | 32 |
make changes in the laws governing certain | 33 |
Medicaid payments for nursing facility services, | 34 |
to authorize certain assessments of persons with | 35 |
intellectual disabilities residing in intermediate | 36 |
care facilities, and to declare an emergency. | 37 |
Section 1. That sections 2305.113, 2305.234, 2711.22, | 38 |
3701.92, 3701.923, 3701.924, 3701.925, 3701.926, 3701.927, | 39 |
3701.928, 3701.929, 3793.11, 3963.01, 4503.44, 4723.01, 4723.03, | 40 |
4723.06, 4723.063, 4723.07, 4723.08, 4723.09, 4723.17, 4723.171, | 41 |
4723.24, 4723.271, 4723.28, 4723.32, 4723.34, 4723.35, 4723.41, | 42 |
4723.42, 4723.43, 4723.431, 4723.44, 4723.48, 4723.482, 4723.485, | 43 |
4723.487, 4723.50, 4723.61, 4723.64, 4723.65, 4723.651, 4723.652, | 44 |
4723.66, 4723.67, 4723.68, 4723.69, 4723.71, 4723.72, 4723.73, | 45 |
4723.74, 4723.75, 4723.751, 4723.76, 4723.77, 4723.79, 4723.83, | 46 |
4723.84, 4723.87, 4723.88, 4723.99, 4759.01, 4759.03, 4759.05, | 47 |
4759.06, 4759.10, 5111.222, 5111.231, 5111.24, 5111.242, 5111.246, | 48 |
5111.25, 5111.88, 5111.981, and 5120.55 be amended; sections | 49 |
4723.17 (4723.18) and 4723.171 (4723.181) be amended for the | 50 |
purpose of adopting new section numbers as indicated in | 51 |
parentheses; and new section 4723.17 and sections 4723.091, | 52 |
4723.092, 4723.19, 4723.653, and 5111.982 of the Revised Code be | 53 |
enacted to read as follows: | 54 |
Sec. 2305.113. (A) Except as otherwise provided in this | 55 |
section, an action upon a medical, dental, optometric, or | 56 |
chiropractic claim shall be commenced within one year after the | 57 |
cause of action accrued. | 58 |
(B)(1) If prior to the expiration of the one-year period | 59 |
specified in division (A) of this section, a claimant who | 60 |
allegedly possesses a medical, dental, optometric, or chiropractic | 61 |
claim gives to the person who is the subject of that claim written | 62 |
notice that the claimant is considering bringing an action upon | 63 |
that claim, that action may be commenced against the person | 64 |
notified at any time within one hundred eighty days after the | 65 |
notice is so given. | 66 |
(2) An insurance company shall not consider the existence or | 67 |
nonexistence of a written notice described in division (B)(1) of | 68 |
this section in setting the liability insurance premium rates that | 69 |
the company may charge the company's insured person who is | 70 |
notified by that written notice. | 71 |
(C) Except as to persons within the age of minority or of | 72 |
unsound mind as provided by section 2305.16 of the Revised Code, | 73 |
and except as provided in division (D) of this section, both of | 74 |
the following apply: | 75 |
(1) No action upon a medical, dental, optometric, or | 76 |
chiropractic claim shall be commenced more than four years after | 77 |
the occurrence of the act or omission constituting the alleged | 78 |
basis of the medical, dental, optometric, or chiropractic claim. | 79 |
(2) If an action upon a medical, dental, optometric, or | 80 |
chiropractic claim is not commenced within four years after the | 81 |
occurrence of the act or omission constituting the alleged basis | 82 |
of the medical, dental, optometric, or chiropractic claim, then, | 83 |
any action upon that claim is barred. | 84 |
(D)(1) If a person making a medical claim, dental claim, | 85 |
optometric claim, or chiropractic claim, in the exercise of | 86 |
reasonable care and diligence, could not have discovered the | 87 |
injury resulting from the act or omission constituting the alleged | 88 |
basis of the claim within three years after the occurrence of the | 89 |
act or omission, but, in the exercise of reasonable care and | 90 |
diligence, discovers the injury resulting from that act or | 91 |
omission before the expiration of the four-year period specified | 92 |
in division (C)(1) of this section, the person may commence an | 93 |
action upon the claim not later than one year after the person | 94 |
discovers the injury resulting from that act or omission. | 95 |
(2) If the alleged basis of a medical claim, dental claim, | 96 |
optometric claim, or chiropractic claim is the occurrence of an | 97 |
act or omission that involves a foreign object that is left in the | 98 |
body of the person making the claim, the person may commence an | 99 |
action upon the claim not later than one year after the person | 100 |
discovered the foreign object or not later than one year after the | 101 |
person, with reasonable care and diligence, should have discovered | 102 |
the foreign object. | 103 |
(3) A person who commences an action upon a medical claim, | 104 |
dental claim, optometric claim, or chiropractic claim under the | 105 |
circumstances described in division (D)(1) or (2) of this section | 106 |
has the affirmative burden of proving, by clear and convincing | 107 |
evidence, that the person, with reasonable care and diligence, | 108 |
could not have discovered the injury resulting from the act or | 109 |
omission constituting the alleged basis of the claim within the | 110 |
three-year period described in division (D)(1) of this section or | 111 |
within the one-year period described in division (D)(2) of this | 112 |
section, whichever is applicable. | 113 |
(E) As used in this section: | 114 |
(1) "Hospital" includes any person, corporation, association, | 115 |
board, or authority that is responsible for the operation of any | 116 |
hospital licensed or registered in the state, including, but not | 117 |
limited to, those that are owned or operated by the state, | 118 |
political subdivisions, any person, any corporation, or any | 119 |
combination of the state, political subdivisions, persons, and | 120 |
corporations. "Hospital" also includes any person, corporation, | 121 |
association, board, entity, or authority that is responsible for | 122 |
the operation of any clinic that employs a full-time staff of | 123 |
physicians practicing in more than one recognized medical | 124 |
specialty and rendering advice, diagnosis, care, and treatment to | 125 |
individuals. "Hospital" does not include any hospital operated by | 126 |
the government of the United States or any of its branches. | 127 |
(2) "Physician" means a person who is licensed to practice | 128 |
medicine and surgery or osteopathic medicine and surgery by the | 129 |
state medical board or a person who otherwise is authorized to | 130 |
practice medicine and surgery or osteopathic medicine and surgery | 131 |
in this state. | 132 |
(3) "Medical claim" means any claim that is asserted in any | 133 |
civil action against a physician, podiatrist, hospital, home, or | 134 |
residential facility, against any employee or agent of a | 135 |
physician, podiatrist, hospital, home, or residential facility, or | 136 |
against a licensed practical nurse, registered nurse, advanced | 137 |
practice registered nurse, physical therapist, physician | 138 |
assistant, emergency medical technician-basic, emergency medical | 139 |
technician-intermediate, or emergency medical | 140 |
technician-paramedic, and that arises out of the medical | 141 |
diagnosis, care, or treatment of any person. "Medical claim" | 142 |
includes the following: | 143 |
(a) Derivative claims for relief that arise from the medical | 144 |
diagnosis, care, or treatment of a person; | 145 |
(b) Claims that arise out of the medical diagnosis, care, or | 146 |
treatment of any person and to which either of the following | 147 |
applies: | 148 |
(i) The claim results from acts or omissions in providing | 149 |
medical care. | 150 |
(ii) The claim results from the hiring, training, | 151 |
supervision, retention, or termination of caregivers providing | 152 |
medical diagnosis, care, or treatment. | 153 |
(c) Claims that arise out of the medical diagnosis, care, or | 154 |
treatment of any person and that are brought under section 3721.17 | 155 |
of the Revised Code. | 156 |
(4) "Podiatrist" means any person who is licensed to practice | 157 |
podiatric medicine and surgery by the state medical board. | 158 |
(5) "Dentist" means any person who is licensed to practice | 159 |
dentistry by the state dental board. | 160 |
(6) "Dental claim" means any claim that is asserted in any | 161 |
civil action against a dentist, or against any employee or agent | 162 |
of a dentist, and that arises out of a dental operation or the | 163 |
dental diagnosis, care, or treatment of any person. "Dental claim" | 164 |
includes derivative claims for relief that arise from a dental | 165 |
operation or the dental diagnosis, care, or treatment of a person. | 166 |
(7) "Derivative claims for relief" include, but are not | 167 |
limited to, claims of a parent, guardian, custodian, or spouse of | 168 |
an individual who was the subject of any medical diagnosis, care, | 169 |
or treatment, dental diagnosis, care, or treatment, dental | 170 |
operation, optometric diagnosis, care, or treatment, or | 171 |
chiropractic diagnosis, care, or treatment, that arise from that | 172 |
diagnosis, care, treatment, or operation, and that seek the | 173 |
recovery of damages for any of the following: | 174 |
(a) Loss of society, consortium, companionship, care, | 175 |
assistance, attention, protection, advice, guidance, counsel, | 176 |
instruction, training, or education, or any other intangible loss | 177 |
that was sustained by the parent, guardian, custodian, or spouse; | 178 |
(b) Expenditures of the parent, guardian, custodian, or | 179 |
spouse for medical, dental, optometric, or chiropractic care or | 180 |
treatment, for rehabilitation services, or for other care, | 181 |
treatment, services, products, or accommodations provided to the | 182 |
individual who was the subject of the medical diagnosis, care, or | 183 |
treatment, the dental diagnosis, care, or treatment, the dental | 184 |
operation, the optometric diagnosis, care, or treatment, or the | 185 |
chiropractic diagnosis, care, or treatment. | 186 |
(8) "Registered nurse" means any person who is licensed to | 187 |
practice nursing as a registered nurse by the board of nursing. | 188 |
(9) "Chiropractic claim" means any claim that is asserted in | 189 |
any civil action against a chiropractor, or against any employee | 190 |
or agent of a chiropractor, and that arises out of the | 191 |
chiropractic diagnosis, care, or treatment of any person. | 192 |
"Chiropractic claim" includes derivative claims for relief that | 193 |
arise from the chiropractic diagnosis, care, or treatment of a | 194 |
person. | 195 |
(10) "Chiropractor" means any person who is licensed to | 196 |
practice chiropractic by the state chiropractic board. | 197 |
(11) "Optometric claim" means any claim that is asserted in | 198 |
any civil action against an optometrist, or against any employee | 199 |
or agent of an optometrist, and that arises out of the optometric | 200 |
diagnosis, care, or treatment of any person. "Optometric claim" | 201 |
includes derivative claims for relief that arise from the | 202 |
optometric diagnosis, care, or treatment of a person. | 203 |
(12) "Optometrist" means any person licensed to practice | 204 |
optometry by the state board of optometry. | 205 |
(13) "Physical therapist" means any person who is licensed to | 206 |
practice physical therapy under Chapter 4755. of the Revised Code. | 207 |
(14) "Home" has the same meaning as in section 3721.10 of the | 208 |
Revised Code. | 209 |
(15) "Residential facility" means a facility licensed under | 210 |
section 5123.19 of the Revised Code. | 211 |
(16) "Advanced practice registered nurse" means any certified | 212 |
nurse practitioner, clinical nurse specialist, certified | 213 |
registered nurse anesthetist, or certified nurse-midwife who holds | 214 |
a certificate of authority issued by the board of nursing under | 215 |
Chapter 4723. of the Revised Code. | 216 |
(17) "Licensed practical nurse" means any person who is | 217 |
licensed to practice nursing as a licensed practical nurse by the | 218 |
board of nursing pursuant to Chapter 4723. of the Revised Code. | 219 |
(18) "Physician assistant" means any person who holds a valid | 220 |
certificate to practice issued pursuant to Chapter 4730. of the | 221 |
Revised Code. | 222 |
(19) "Emergency medical technician-basic," "emergency medical | 223 |
technician-intermediate," and "emergency medical | 224 |
technician-paramedic" means any person who is certified under | 225 |
Chapter 4765. of the Revised Code as an emergency medical | 226 |
technician-basic, emergency medical technician-intermediate, or | 227 |
emergency medical technician-paramedic, whichever is applicable. | 228 |
Sec. 2305.234. (A) As used in this section: | 229 |
(1) "Chiropractic claim," "medical claim," and "optometric | 230 |
claim" have the same meanings as in section 2305.113 of the | 231 |
Revised Code. | 232 |
(2) "Dental claim" has the same meaning as in section | 233 |
2305.113 of the Revised Code, except that it does not include any | 234 |
claim arising out of a dental operation or any derivative claim | 235 |
for relief that arises out of a dental operation. | 236 |
(3) "Governmental health care program" has the same meaning | 237 |
as in section 4731.65 of the Revised Code. | 238 |
(4) "Health care facility or location" means a hospital, | 239 |
clinic, ambulatory surgical facility, office of a health care | 240 |
professional or associated group of health care professionals, | 241 |
training institution for health care professionals, or any other | 242 |
place where medical, dental, or other health-related diagnosis, | 243 |
care, or treatment is provided to a person. | 244 |
(5) "Health care professional" means any of the following who | 245 |
provide medical, dental, or other health-related diagnosis, care, | 246 |
or treatment: | 247 |
(a) Physicians authorized under Chapter 4731. of the Revised | 248 |
Code to practice medicine and surgery or osteopathic medicine and | 249 |
surgery; | 250 |
(b) Registered nurses and licensed practical nurses licensed | 251 |
under Chapter 4723. of the Revised Code and individuals who hold a | 252 |
certificate of authority issued under that chapter that authorizes | 253 |
the practice of nursing as a certified registered nurse | 254 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 255 |
or certified nurse practitioner; | 256 |
(c) Physician assistants authorized to practice under Chapter | 257 |
4730. of the Revised Code; | 258 |
(d) Dentists and dental hygienists licensed under Chapter | 259 |
4715. of the Revised Code; | 260 |
(e) Physical therapists, physical therapist assistants, | 261 |
occupational therapists, and occupational therapy assistants | 262 |
licensed under Chapter 4755. of the Revised Code; | 263 |
(f) Chiropractors licensed under Chapter 4734. of the Revised | 264 |
Code; | 265 |
(g) Optometrists licensed under Chapter 4725. of the Revised | 266 |
Code; | 267 |
(h) Podiatrists authorized under Chapter 4731. of the Revised | 268 |
Code to practice podiatry; | 269 |
(i) Dietitians licensed under Chapter 4759. of the Revised | 270 |
Code; | 271 |
(j) Pharmacists licensed under Chapter 4729. of the Revised | 272 |
Code; | 273 |
(k) Emergency medical technicians-basic, emergency medical | 274 |
technicians-intermediate, and emergency medical | 275 |
technicians-paramedic, certified under Chapter 4765. of the | 276 |
Revised Code; | 277 |
(l) Respiratory care professionals licensed under Chapter | 278 |
4761. of the Revised Code; | 279 |
(m) Speech-language pathologists and audiologists licensed | 280 |
under Chapter 4753. of the Revised Code; | 281 |
(n) Professional clinical counselors, professional | 282 |
counselors, independent social workers, social workers, | 283 |
independent marriage and family therapists, and marriage and | 284 |
family therapists, licensed under Chapter 4757. of the Revised | 285 |
Code; | 286 |
(o) Psychologists licensed under Chapter 4732. of the Revised | 287 |
Code; | 288 |
(p) Independent chemical dependency counselors, chemical | 289 |
dependency counselors III, chemical dependency counselors II, and | 290 |
chemical dependency counselors I, licensed under Chapter 4758. of | 291 |
the Revised Code. | 292 |
(6) "Health care worker" means a person other than a health | 293 |
care professional who provides medical, dental, or other | 294 |
health-related care or treatment under the direction of a health | 295 |
care professional with the authority to direct that individual's | 296 |
activities, including medical technicians, medical assistants, | 297 |
dental assistants, orderlies, aides, and individuals acting in | 298 |
similar capacities. | 299 |
(7) "Indigent and uninsured person" means a person who meets | 300 |
all of the following requirements: | 301 |
(a) The person's income is not greater than two hundred per | 302 |
cent of the current poverty line as defined by the United States | 303 |
office of management and budget and revised in accordance with | 304 |
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," | 305 |
95 Stat. 511, 42 U.S.C. 9902, as amended. | 306 |
(b) The person is not eligible to receive medical assistance | 307 |
under Chapter 5111. of the Revised Code or assistance under any | 308 |
other governmental health care program. | 309 |
(c) Either of the following applies: | 310 |
(i) The person is not a policyholder, certificate holder, | 311 |
insured, contract holder, subscriber, enrollee, member, | 312 |
beneficiary, or other covered individual under a health insurance | 313 |
or health care policy, contract, or plan. | 314 |
(ii) The person is a policyholder, certificate holder, | 315 |
insured, contract holder, subscriber, enrollee, member, | 316 |
beneficiary, or other covered individual under a health insurance | 317 |
or health care policy, contract, or plan, but the insurer, policy, | 318 |
contract, or plan denies coverage or is the subject of insolvency | 319 |
or bankruptcy proceedings in any jurisdiction. | 320 |
(8) "Nonprofit health care referral organization" means an | 321 |
entity that is not operated for profit and refers patients to, or | 322 |
arranges for the provision of, health-related diagnosis, care, or | 323 |
treatment by a health care professional or health care worker. | 324 |
(9) "Operation" means any procedure that involves cutting or | 325 |
otherwise infiltrating human tissue by mechanical means, including | 326 |
surgery, laser surgery, ionizing radiation, therapeutic | 327 |
ultrasound, or the removal of intraocular foreign bodies. | 328 |
"Operation" does not include the administration of medication by | 329 |
injection, unless the injection is administered in conjunction | 330 |
with a procedure infiltrating human tissue by mechanical means | 331 |
other than the administration of medicine by injection. | 332 |
"Operation" does not include routine dental restorative | 333 |
procedures, the scaling of teeth, or extractions of teeth that are | 334 |
not impacted. | 335 |
(10) "Tort action" means a civil action for damages for | 336 |
injury, death, or loss to person or property other than a civil | 337 |
action for damages for a breach of contract or another agreement | 338 |
between persons or government entities. | 339 |
(11) "Volunteer" means an individual who provides any | 340 |
medical, dental, or other health-care related diagnosis, care, or | 341 |
treatment without the expectation of receiving and without receipt | 342 |
of any compensation or other form of remuneration from an indigent | 343 |
and uninsured person, another person on behalf of an indigent and | 344 |
uninsured person, any health care facility or location, any | 345 |
nonprofit health care referral organization, or any other person | 346 |
or government entity. | 347 |
(12) "Community control sanction" has the same meaning as in | 348 |
section 2929.01 of the Revised Code. | 349 |
(13) "Deep sedation" means a drug-induced depression of | 350 |
consciousness during which a patient cannot be easily aroused but | 351 |
responds purposefully following repeated or painful stimulation, a | 352 |
patient's ability to independently maintain ventilatory function | 353 |
may be impaired, a patient may require assistance in maintaining a | 354 |
patent airway and spontaneous ventilation may be inadequate, and | 355 |
cardiovascular function is usually maintained. | 356 |
(14) "General anesthesia" means a drug-induced loss of | 357 |
consciousness during which a patient is not arousable, even by | 358 |
painful stimulation, the ability to independently maintain | 359 |
ventilatory function is often impaired, a patient often requires | 360 |
assistance in maintaining a patent airway, positive pressure | 361 |
ventilation may be required because of depressed spontaneous | 362 |
ventilation or drug-induced depression of neuromuscular function, | 363 |
and cardiovascular function may be impaired. | 364 |
(B)(1) Subject to divisions (F) and (G)(3) of this section, a | 365 |
health care professional who is a volunteer and complies with | 366 |
division (B)(2) of this section is not liable in damages to any | 367 |
person or government entity in a tort or other civil action, | 368 |
including an action on a medical, dental, chiropractic, | 369 |
optometric, or other health-related claim, for injury, death, or | 370 |
loss to person or property that allegedly arises from an action or | 371 |
omission of the volunteer in the provision to an indigent and | 372 |
uninsured person of medical, dental, or other health-related | 373 |
diagnosis, care, or treatment, including the provision of samples | 374 |
of medicine and other medical products, unless the action or | 375 |
omission constitutes willful or wanton misconduct. | 376 |
(2) To qualify for the immunity described in division (B)(1) | 377 |
of this section, a health care professional shall do all of the | 378 |
following prior to providing diagnosis, care, or treatment: | 379 |
(a) Determine, in good faith, that the indigent and uninsured | 380 |
person is mentally capable of giving informed consent to the | 381 |
provision of the diagnosis, care, or treatment and is not subject | 382 |
to duress or under undue influence; | 383 |
(b) Inform the person of the provisions of this section, | 384 |
including notifying the person that, by giving informed consent to | 385 |
the provision of the diagnosis, care, or treatment, the person | 386 |
cannot hold the health care professional liable for damages in a | 387 |
tort or other civil action, including an action on a medical, | 388 |
dental, chiropractic, optometric, or other health-related claim, | 389 |
unless the action or omission of the health care professional | 390 |
constitutes willful or wanton misconduct; | 391 |
(c) Obtain the informed consent of the person and a written | 392 |
waiver, signed by the person or by another individual on behalf of | 393 |
and in the presence of the person, that states that the person is | 394 |
mentally competent to give informed consent and, without being | 395 |
subject to duress or under undue influence, gives informed consent | 396 |
to the provision of the diagnosis, care, or treatment subject to | 397 |
the provisions of this section. A written waiver under division | 398 |
(B)(2)(c) of this section shall state clearly and in conspicuous | 399 |
type that the person or other individual who signs the waiver is | 400 |
signing it with full knowledge that, by giving informed consent to | 401 |
the provision of the diagnosis, care, or treatment, the person | 402 |
cannot bring a tort or other civil action, including an action on | 403 |
a medical, dental, chiropractic, optometric, or other | 404 |
health-related claim, against the health care professional unless | 405 |
the action or omission of the health care professional constitutes | 406 |
willful or wanton misconduct. | 407 |
(3) A physician or podiatrist who is not covered by medical | 408 |
malpractice insurance, but complies with division (B)(2) of this | 409 |
section, is not required to comply with division (A) of section | 410 |
4731.143 of the Revised Code. | 411 |
(C) Subject to divisions (F) and (G)(3) of this section, | 412 |
health care workers who are volunteers are not liable in damages | 413 |
to any person or government entity in a tort or other civil | 414 |
action, including an action upon a medical, dental, chiropractic, | 415 |
optometric, or other health-related claim, for injury, death, or | 416 |
loss to person or property that allegedly arises from an action or | 417 |
omission of the health care worker in the provision to an indigent | 418 |
and uninsured person of medical, dental, or other health-related | 419 |
diagnosis, care, or treatment, unless the action or omission | 420 |
constitutes willful or wanton misconduct. | 421 |
(D) Subject to divisions (F) and (G)(3) of this section, a | 422 |
nonprofit health care referral organization is not liable in | 423 |
damages to any person or government entity in a tort or other | 424 |
civil action, including an action on a medical, dental, | 425 |
chiropractic, optometric, or other health-related claim, for | 426 |
injury, death, or loss to person or property that allegedly arises | 427 |
from an action or omission of the nonprofit health care referral | 428 |
organization in referring indigent and uninsured persons to, or | 429 |
arranging for the provision of, medical, dental, or other | 430 |
health-related diagnosis, care, or treatment by a health care | 431 |
professional described in division (B)(1) of this section or a | 432 |
health care worker described in division (C) of this section, | 433 |
unless the action or omission constitutes willful or wanton | 434 |
misconduct. | 435 |
(E) Subject to divisions (F) and (G)(3) of this section and | 436 |
to the extent that the registration requirements of section | 437 |
3701.071 of the Revised Code apply, a health care facility or | 438 |
location associated with a health care professional described in | 439 |
division (B)(1) of this section, a health care worker described in | 440 |
division (C) of this section, or a nonprofit health care referral | 441 |
organization described in division (D) of this section is not | 442 |
liable in damages to any person or government entity in a tort or | 443 |
other civil action, including an action on a medical, dental, | 444 |
chiropractic, optometric, or other health-related claim, for | 445 |
injury, death, or loss to person or property that allegedly arises | 446 |
from an action or omission of the health care professional or | 447 |
worker or nonprofit health care referral organization relative to | 448 |
the medical, dental, or other health-related diagnosis, care, or | 449 |
treatment provided to an indigent and uninsured person on behalf | 450 |
of or at the health care facility or location, unless the action | 451 |
or omission constitutes willful or wanton misconduct. | 452 |
(F)(1) Except as provided in division (F)(2) of this section, | 453 |
the immunities provided by divisions (B), (C), (D), and (E) of | 454 |
this section are not available to a health care professional, | 455 |
health care worker, nonprofit health care referral organization, | 456 |
or health care facility or location if, at the time of an alleged | 457 |
injury, death, or loss to person or property, the health care | 458 |
professionals or health care workers involved are providing one of | 459 |
the following: | 460 |
(a) Any medical, dental, or other health-related diagnosis, | 461 |
care, or treatment pursuant to a community service work order | 462 |
entered by a court under division (B) of section 2951.02 of the | 463 |
Revised Code or imposed by a court as a community control | 464 |
sanction; | 465 |
(b) Performance of an operation to which any one of the | 466 |
following applies: | 467 |
(i) The operation requires the administration of deep | 468 |
sedation or general anesthesia. | 469 |
(ii) The operation is a procedure that is not typically | 470 |
performed in an office. | 471 |
(iii) The individual involved is a health care professional, | 472 |
and the operation is beyond the scope of practice or the | 473 |
education, training, and competence, as applicable, of the health | 474 |
care professional. | 475 |
(c) Delivery of a baby or any other purposeful termination of | 476 |
a human pregnancy. | 477 |
(2) Division (F)(1) of this section does not apply when a | 478 |
health care professional or health care worker provides medical, | 479 |
dental, or other health-related diagnosis, care, or treatment that | 480 |
is necessary to preserve the life of a person in a medical | 481 |
emergency. | 482 |
(G)(1) This section does not create a new cause of action or | 483 |
substantive legal right against a health care professional, health | 484 |
care worker, nonprofit health care referral organization, or | 485 |
health care facility or location. | 486 |
(2) This section does not affect any immunities from civil | 487 |
liability or defenses established by another section of the | 488 |
Revised Code or available at common law to which a health care | 489 |
professional, health care worker, nonprofit health care referral | 490 |
organization, or health care facility or location may be entitled | 491 |
in connection with the provision of emergency or other medical, | 492 |
dental, or other health-related diagnosis, care, or treatment. | 493 |
(3) This section does not grant an immunity from tort or | 494 |
other civil liability to a health care professional, health care | 495 |
worker, nonprofit health care referral organization, or health | 496 |
care facility or location for actions that are outside the scope | 497 |
of authority of health care professionals or health care workers. | 498 |
(4) This section does not affect any legal responsibility of | 499 |
a health care professional, health care worker, or nonprofit | 500 |
health care referral organization to comply with any applicable | 501 |
law of this state or rule of an agency of this state. | 502 |
(5) This section does not affect any legal responsibility of | 503 |
a health care facility or location to comply with any applicable | 504 |
law of this state, rule of an agency of this state, or local code, | 505 |
ordinance, or regulation that pertains to or regulates building, | 506 |
housing, air pollution, water pollution, sanitation, health, fire, | 507 |
zoning, or safety. | 508 |
Sec. 2711.22. (A) Except as otherwise provided in this | 509 |
section, a written contract between a patient and a hospital or | 510 |
healthcare provider to settle by binding arbitration any dispute | 511 |
or controversy arising out of the diagnosis, treatment, or care of | 512 |
the patient rendered by a hospital or healthcare provider, that is | 513 |
entered into prior to the diagnosis, treatment, or care of the | 514 |
patient is valid, irrevocable, and enforceable once the contract | 515 |
is signed by all parties. The contract remains valid, irrevocable, | 516 |
and enforceable until or unless the patient or the patient's legal | 517 |
representative rescinds the contract by written notice within | 518 |
thirty days of the signing of the contract. A guardian or other | 519 |
legal representative of the patient may give written notice of the | 520 |
rescission of the contract if the patient is incapacitated or a | 521 |
minor. | 522 |
(B) As used in this section and in sections 2711.23 and | 523 |
2711.24 of the Revised Code: | 524 |
(1) "Healthcare provider" means a physician, podiatrist, | 525 |
dentist, licensed practical nurse, registered nurse, advanced | 526 |
practice registered nurse, chiropractor, optometrist, physician | 527 |
assistant, emergency medical technician-basic, emergency medical | 528 |
technician-intermediate, emergency medical technician-paramedic, | 529 |
or physical therapist. | 530 |
(2) "Hospital," "physician," "podiatrist," "dentist," | 531 |
"licensed practical nurse," "registered nurse," "advanced practice | 532 |
registered nurse," "chiropractor," "optometrist," "physician | 533 |
assistant," "emergency medical technician-basic," "emergency | 534 |
medical technician-intermediate," "emergency medical | 535 |
technician-paramedic," "physical therapist," "medical claim," | 536 |
"dental claim," "optometric claim," and "chiropractic claim" have | 537 |
the same meanings as in section 2305.113 of the Revised Code. | 538 |
Sec. 3701.92. As used in sections 3701.921 to 3701.929 of | 539 |
the Revised Code: | 540 |
(A) "Advanced practice registered nurse" has the same meaning | 541 |
as in section 4723.01 of the Revised Code. | 542 |
(B) "Patient centered medical home education advisory group" | 543 |
means the entity established under section 3701.924 of the Revised | 544 |
Code. | 545 |
| 546 |
means the program established under section 3701.921 of the | 547 |
Revised Code and any pilot projects operated pursuant to that | 548 |
section. | 549 |
| 550 |
project" means the pilot project established under section | 551 |
3701.923 of the Revised Code. | 552 |
| 553 |
section 4730.01 of the Revised Code. | 554 |
Sec. 3701.923. (A) To the extent that funds are available, | 555 |
the director of health shall establish the patient centered | 556 |
medical home education pilot project. If the director establishes | 557 |
the project, all of the following apply: | 558 |
(1) The director shall select practices led by physicians and | 559 |
primary care practices led by advanced practice registered nurses | 560 |
to participate in the project. The director may consider the | 561 |
recommendations of the advisory group made in accordance with | 562 |
section 3701.925 of the Revised Code, but may not select a | 563 |
practice unless the practice complies with any applicable | 564 |
requirements under section 3701.926 of the Revised Code. | 565 |
(2) The director shall conduct the project in a manner that | 566 |
advances education in the patient centered medical home model of | 567 |
care. | 568 |
(3) The director shall evaluate all of the following: | 569 |
(a) Learning opportunities generated by the project; | 570 |
(b) Training of physicians and advanced practice registered | 571 |
nurses under the project; | 572 |
(c) Costs of the project; | 573 |
(d) The extent to which the project met the expected outcomes | 574 |
developed under division (A) of section 3701.924 of the Revised | 575 |
Code. | 576 |
(4) The director shall assess and review results of the | 577 |
project. | 578 |
(5) The director shall recommend best practices and | 579 |
opportunities for improving technology, education, comprehensive | 580 |
training, consultation, and technical assistance for health care | 581 |
service providers in the patient centered medical home model of | 582 |
care. | 583 |
(B) The director may contract with an entity that has | 584 |
significant experience in assisting | 585 |
physicians and
| 586 |
led by advanced practice registered nurses in transitioning to the | 587 |
patient centered medical home model of care. The contract shall | 588 |
require the entity to do both of the following: | 589 |
(1) Provide, to each practice that enters into a contract | 590 |
with the director pursuant to section 3701.927 of the Revised | 591 |
Code, comprehensive training, consultation, and technical | 592 |
assistance in the operation of a patient centered medical home, | 593 |
including assistance with leadership training, scheduling changes, | 594 |
staff support, and care management for chronic health conditions; | 595 |
(2) Assist the director in identifying necessary financial | 596 |
and operational requirements and any barriers or challenges | 597 |
associated with transitioning to a patient centered medical home | 598 |
model of care. | 599 |
(C) The project established under this section shall begin | 600 |
not later than the date the first practice enters into a contract | 601 |
with the director pursuant to section 3701.927 of the Revised Code | 602 |
and shall cease not later than the date the final report is | 603 |
submitted pursuant to division (B)(3) of section 3701.929 of the | 604 |
Revised Code. | 605 |
(D) The project shall not be operated in a manner that | 606 |
requires a patient, unless otherwise required by the Revised Code, | 607 |
to receive a referral from a physician in a practice selected for | 608 |
inclusion in the pilot project under division (A)(1) of this | 609 |
section as a condition of being authorized to receive specialized | 610 |
health care services from an individual licensed or certified | 611 |
under Title XLVII of the Revised Code to provide those services. | 612 |
Sec. 3701.924. (A) The patient centered medical home | 613 |
education advisory group is hereby created for the purpose of | 614 |
advising the director of health on the implementation and | 615 |
administration of the patient centered medical home education | 616 |
program. The advisory group shall develop and provide to the | 617 |
director a set of expected outcomes for the pilot project. The | 618 |
advisory group shall consider and provide other recommendations to | 619 |
the director and complete other duties as the director considers | 620 |
appropriate. | 621 |
(B) The advisory group shall consist of the following | 622 |
members: | 623 |
(1) The following members appointed by the director of | 624 |
health: | 625 |
(a) One individual with expertise in the training and | 626 |
education of primary care physicians recommended by the dean of | 627 |
the university of Toledo college of medicine; | 628 |
(b) One individual with expertise in the training and | 629 |
education of primary care physicians recommended by the dean of | 630 |
the Boonshoft school of medicine at Wright state university; | 631 |
(c) One individual with expertise in the training and | 632 |
education of primary care physicians recommended by the president | 633 |
and dean of the northeast Ohio medical university; | 634 |
(d) One individual with expertise in the training and | 635 |
education of primary care physicians recommended by the dean of | 636 |
the Ohio university college of osteopathic medicine; | 637 |
(e) Two individuals recommended by the governing board of the | 638 |
Ohio academy of family physicians; | 639 |
(f) One individual recommended by the governing board of the | 640 |
Ohio chapter of the American college of physicians; | 641 |
(g) One individual recommended by the governing board of the | 642 |
Ohio chapter of the American academy of pediatrics; | 643 |
(h) One individual recommended by the governing board of the | 644 |
Ohio osteopathic association; | 645 |
(i) One individual with expertise in the training and | 646 |
education of advanced practice registered nurses, recommended by | 647 |
the governing board of the Ohio council of deans and directors of | 648 |
baccalaureate and higher degree programs in nursing; | 649 |
(j) One individual recommended by the governing board of the | 650 |
Ohio nurses association; | 651 |
(k) One individual recommended by the governing board of the | 652 |
Ohio association of advanced practice nurses; | 653 |
(l) One individual recommended by the governing board of the | 654 |
Ohio council for home care and hospice; | 655 |
(m) One individual recommended by the superintendent of | 656 |
insurance; | 657 |
(n) An employee of the department of health; | 658 |
(o) Not more than five additional members who have relevant | 659 |
expertise that the director considers appropriate. | 660 |
(2) The following members: | 661 |
(a) The executive director of the state medical board or the | 662 |
director's designee; | 663 |
(b) The executive director of the board of nursing or the | 664 |
director's designee; | 665 |
(c) The chancellor of the Ohio board of regents or the | 666 |
chancellor's designee; | 667 |
(d) The medical assistance director, or the director's | 668 |
designee. | 669 |
(C)(1) In making the original appointments of the members | 670 |
specified in divisions (B)(1)(a) to (m) of this section, the | 671 |
director shall appoint the member who served in that capacity in | 672 |
the patient centered medical home advisory group, as it existed | 673 |
immediately prior to | 674 |
10, 2012. If for any reason the member who served immediately | 675 |
prior to | 676 |
unable to serve on the advisory group, the director shall request | 677 |
from the specified recommending authority a list of not less than | 678 |
two persons qualified to serve as members of the advisory group. | 679 |
The director shall appoint as a member one person from the list | 680 |
submitted by the recommending authority. | 681 |
(2) The advisory group members specified in divisions | 682 |
(B)(1)(a) to (m) of this section shall serve at the pleasure of | 683 |
the director, in consultation with their respective recommending | 684 |
authorities. | 685 |
(3) Vacancies shall be filled in the manner provided for | 686 |
original appointments. | 687 |
(D) Members shall serve without compensation, except to the | 688 |
extent that serving on the advisory group is considered part of | 689 |
their regular employment duties. | 690 |
(E) The director may appoint from the members of the advisory | 691 |
group a chairperson and vice-chairperson. | 692 |
A majority of the members of the advisory group constitutes a | 693 |
quorum. A majority of a quorum is necessary for the advisory group | 694 |
to make any recommendations to the director. | 695 |
The advisory group shall meet at the call of the director. | 696 |
The director shall call the advisory group to meet not less than | 697 |
annually to discuss or consider recommendations to the director on | 698 |
the administration of the patient centered medical home education | 699 |
program. | 700 |
(F) Sections 101.82 to 101.87 of the Revised Code do not | 701 |
apply to the advisory group. | 702 |
Sec. 3701.925. (A) The patient centered medical home | 703 |
education advisory group shall accept applications for inclusion | 704 |
in the patient centered medical home education pilot project from | 705 |
primary care practices with educational affiliations, as | 706 |
determined by the advisory group, with one or more of the | 707 |
following: | 708 |
(1) The Boonshoft school of medicine at Wright state | 709 |
university; | 710 |
(2) The university of Toledo college of medicine; | 711 |
(3) The northeast Ohio medical university; | 712 |
(4) The Ohio university college of osteopathic medicine; | 713 |
(5) The college of nursing at the university of Toledo; | 714 |
(6) The Wright state university college of nursing and | 715 |
health; | 716 |
(7) The college of nursing at Kent state university; | 717 |
(8) The university of Akron college of nursing; | 718 |
(9) The school of nursing at Ohio university. | 719 |
(B)(1) Subject to division (C)(1) of this section, the | 720 |
advisory group shall recommend to the director of health for | 721 |
inclusion in the pilot project not less than the following number | 722 |
of primary care practices led by physicians: | 723 |
(a) Ten practices affiliated with the Boonshoft school of | 724 |
medicine at Wright state university; | 725 |
(b) Ten practices affiliated with the university of Toledo | 726 |
college of medicine; | 727 |
(c) Ten practices affiliated with the northeast Ohio medical | 728 |
university; | 729 |
(d) Ten practices affiliated with the centers for osteopathic | 730 |
research and education of the Ohio university college of | 731 |
osteopathic medicine. | 732 |
(2) Subject to division (C)(2) of this section, the advisory | 733 |
group shall recommend to the director of health for inclusion in | 734 |
the pilot project not less than the following number of primary | 735 |
care practices led by advanced practice registered nurses: | 736 |
(a) One practice affiliated with the college of nursing at | 737 |
the university of Toledo; | 738 |
(b) One practice affiliated with the Wright state university | 739 |
college of nursing and health; | 740 |
(c) One practice affiliated with the college of nursing at | 741 |
Kent state university or the university of Akron college of | 742 |
nursing; | 743 |
(d) One practice affiliated with the school of nursing at | 744 |
Ohio university. | 745 |
(C)(1) All of the following apply with respect to the | 746 |
recommendation | 747 |
this section of practices led by physicians: | 748 |
(a) The advisory group shall strive to recommend | 749 |
750 | |
includes a diverse range of primary care specialties, including | 751 |
practices specializing in pediatrics, geriatrics, general internal | 752 |
medicine, or family medicine. | 753 |
(b) When evaluating an application, the advisory group shall | 754 |
consider the percentage of patients in the | 755 |
who are part of a medically underserved population, including | 756 |
medicaid recipients and individuals without health insurance. | 757 |
(c) The advisory group shall recommend not fewer than six | 758 |
practices that serve rural areas of this state, as those areas are | 759 |
determined by the advisory group. | 760 |
(d) A member of the advisory group shall abstain from | 761 |
participating in any vote taken regarding the recommendation of a | 762 |
763 | |
benefit from having the practice included in the pilot project. | 764 |
(2) All of the following apply with respect to the | 765 |
recommendation | 766 |
767 | |
by advanced practice registered nurses: | 768 |
(a) When evaluating an application, the advisory group shall | 769 |
consider the percentage of patients in the | 770 |
771 | |
underserved population, including medicaid recipients and | 772 |
individuals without health insurance. | 773 |
(b) If the advisory group determines that it has not received | 774 |
an application from a sufficiently qualified | 775 |
776 | |
institution specified in division (B)(2) of this section, the | 777 |
advisory group shall make the recommendations required under that | 778 |
division in such a manner that the greatest possible number of | 779 |
those institutions are recommended to be included in the pilot | 780 |
project. To be recommended in this manner, a practice remains | 781 |
subject to the eligibility requirements specified in division (B) | 782 |
of section 3701.926 of the Revised Code. As specified in division | 783 |
(B)(2) of this section, the number of practices recommended for | 784 |
inclusion in the pilot project shall be at least four. | 785 |
(c) A member of the advisory group shall abstain from | 786 |
participating in any vote taken regarding the recommendation of | 787 |
788 | |
would receive any financial benefit from having the practice | 789 |
included in the pilot project. | 790 |
(D) The advisory group shall provide | 791 |
of health copies of all applications received under this section | 792 |
793 | |
794 |
Sec. 3701.926. (A) To be eligible for inclusion in the | 795 |
patient centered medical home education pilot project, a | 796 |
797 | |
all of the following requirements: | 798 |
(1) Consist of physicians who are board-certified in family | 799 |
medicine, general pediatrics, or internal medicine, as those | 800 |
designations are issued by a medical specialty certifying board | 801 |
recognized by the American board of medical specialties or | 802 |
American osteopathic association; | 803 |
(2) Be capable of adapting the practice during the period in | 804 |
which the practice participates in the patient centered medical | 805 |
home education pilot project in such a manner that the practice is | 806 |
fully compliant with the minimum standards for operation of a | 807 |
patient centered medical home, as those standards are established | 808 |
by the director of health; | 809 |
(3) Have submitted an application to participate in the | 810 |
project established under former section 185.05 of the Revised | 811 |
Code not later than April 15, 2011. | 812 |
(4) Meet any other criteria established by the director as | 813 |
part of the selection process. | 814 |
(B) To be eligible for inclusion in the pilot project, | 815 |
816 | |
advanced practice registered nurses shall meet all of the | 817 |
following requirements: | 818 |
(1) Consist of advanced practice registered nurses, each of | 819 |
whom meets all of the following requirements: | 820 |
(a) Holds a certificate to prescribe issued under section | 821 |
4723.48 of the Revised Code; | 822 |
(b) Is board-certified as a family nurse practitioner or | 823 |
adult nurse practitioner by the American academy of nurse | 824 |
practitioners or American nurses credentialing center, | 825 |
board-certified as a geriatric nurse practitioner or women's | 826 |
health nurse practitioner by the American nurses credentialing | 827 |
center, or is board-certified as a pediatric nurse practitioner by | 828 |
the American nurses credentialing center or pediatric nursing | 829 |
certification board; | 830 |
(c) Collaborates under a standard care arrangement with a | 831 |
physician with board certification as specified in division (A)(1) | 832 |
of this section and who is an active participant on the health | 833 |
care team. | 834 |
(2) Be capable of adapting the | 835 |
the period in which the practice participates in the project in | 836 |
such a manner that the practice is fully compliant with the | 837 |
minimum standards for operation of a patient centered medical | 838 |
home, as those standards are established by the director; | 839 |
(3) Have submitted an application to participate in the | 840 |
project established under former section 185.05 of the Revised | 841 |
Code not later than April 15, 2011. | 842 |
(4) Meet any other criteria established by the director as | 843 |
part of the selection process. | 844 |
Sec. 3701.927. The director of health shall enter into a | 845 |
contract with each primary care practice selected by the director | 846 |
for inclusion in the patient centered medical home education pilot | 847 |
project. The contract shall specify the terms and conditions for | 848 |
inclusion in the pilot project, including a requirement that the | 849 |
practice provide comprehensive, coordinated primary care services | 850 |
to patients and serve as the patients' medical home. The contract | 851 |
shall also require the practice to participate in the training of | 852 |
medical students, advanced practice registered nursing students, | 853 |
physician assistant students, and primary care medical residents. | 854 |
The director may include as part of the contract any other | 855 |
requirements necessary for a practice to be included in the | 856 |
project, including requirements regarding the number of patients | 857 |
served who are medicaid recipients and individuals without health | 858 |
insurance. | 859 |
Sec. 3701.928. (A) The director of health or, at the | 860 |
director's request, the patient centered medical home education | 861 |
advisory group may work with medical, nursing, and physician | 862 |
assistant schools or programs in this state to develop appropriate | 863 |
curricula designed to prepare primary care physicians, advanced | 864 |
practice registered nurses, and physician assistants to practice | 865 |
within the patient centered medical home model of care. In | 866 |
developing the curricula, the director or advisory group and the | 867 |
schools or programs shall include all of the following: | 868 |
(1) Components for use at the medical student, advanced | 869 |
practice registered nursing student, physician assistant student, | 870 |
and primary care resident training levels; | 871 |
(2) Components that reflect, as appropriate, the special | 872 |
needs of patients who are part of a medically underserved | 873 |
population, including medicaid recipients, individuals without | 874 |
health insurance, individuals with disabilities, individuals with | 875 |
chronic health conditions, and individuals within racial or ethnic | 876 |
minority groups; | 877 |
(3) Components that include training in interdisciplinary | 878 |
cooperation between physicians, advanced practice registered | 879 |
nurses, and physician assistants in the patient centered medical | 880 |
home model of care, including curricula ensuring that a common | 881 |
conception of a patient centered medical home model of care is | 882 |
provided to medical students, advanced practice registered nurses, | 883 |
physician assistants, and primary care residents. | 884 |
(B) The director or advisory group may work in association | 885 |
with the medical, nursing, and physician assistant schools or | 886 |
programs to identify funding sources to ensure that the curricula | 887 |
developed under division (A) of this section are accessible to | 888 |
medical students, advanced practice registered nursing students, | 889 |
physician assistant students, and primary care residents. The | 890 |
director or advisory group shall consider scholarship options or | 891 |
incentives provided to students in addition to those provided | 892 |
under the choose Ohio first scholarship program operated under | 893 |
section 3333.61 of the Revised Code. | 894 |
Sec. 3701.929. (A) If the director of health establishes the | 895 |
patient centered medical home education pilot project, the | 896 |
director shall prepare reports of its findings and recommendations | 897 |
from the pilot project. Each report shall include an evaluation of | 898 |
the learning opportunities generated by the pilot project, the | 899 |
physicians and advanced practice registered nurses trained in the | 900 |
pilot project, the costs of the pilot project, and the extent to | 901 |
which the pilot project has met the set of expected outcomes | 902 |
developed under division (A) of section 3701.924 of the Revised | 903 |
Code. | 904 |
(B) The reports shall be completed in accordance with the | 905 |
following schedule: | 906 |
(1) An interim report not later than six months after the | 907 |
date on which the last primary care practice selected to | 908 |
participate in the project enters into a contract with the | 909 |
department of health pursuant to section 3701.927 of the Revised | 910 |
Code; | 911 |
(2) An update of the interim report not later than one year | 912 |
after the date specified under division (B)(1) of this section; | 913 |
(3) A final report not later than two years after the date | 914 |
specified under division (B)(1) of this section. | 915 |
(C) The director shall submit each of the reports to the | 916 |
governor and, in accordance with section 101.68 of the Revised | 917 |
Code, to the general assembly. | 918 |
Sec. 3793.11. (A) No alcohol and drug addiction program | 919 |
shall employ methadone treatment or prescribe, dispense, or | 920 |
administer methadone unless the program is licensed under this | 921 |
section. No alcohol and drug addiction program licensed under this | 922 |
section shall maintain methadone treatment in a manner | 923 |
inconsistent with this section and the rules adopted under it. | 924 |
(B) An alcohol and drug addiction program may apply to the | 925 |
department of alcohol and drug addiction services for a license to | 926 |
maintain methadone treatment. The department shall review all | 927 |
applications received. | 928 |
(C) The department may issue a license to maintain methadone | 929 |
treatment to an alcohol and drug addiction program only if all of | 930 |
the following apply: | 931 |
(1) The program is operated by a private, nonprofit | 932 |
organization or by a government entity; | 933 |
(2) For at least two years immediately preceding the date of | 934 |
application, the program has been fully certified under section | 935 |
3793.06 of the Revised Code; | 936 |
(3) The program has not been denied a license to maintain | 937 |
methadone treatment or had its license withdrawn or revoked within | 938 |
the five-year period immediately preceding the date of | 939 |
application; | 940 |
(4) It affirmatively appears to the department that the | 941 |
program is adequately staffed and equipped to maintain methadone | 942 |
treatment; | 943 |
(5) It affirmatively appears to the department that the | 944 |
program will | 945 |
compliance with section 3719.61 of the Revised Code, all other | 946 |
laws relating to drug abuse, and the rules adopted by the | 947 |
department; | 948 |
(6) Except as provided in division (D) of this section, there | 949 |
is no public or private school, licensed child day-care center, or | 950 |
other child-serving agency within a radius of five hundred feet of | 951 |
the location where the program is to maintain methadone treatment. | 952 |
(D) The department may waive the requirement of division | 953 |
(C)(6) of this section if it receives, from each public or private | 954 |
school, licensed child day-care center, or other child-serving | 955 |
agency that is within the applicable radius of the location where | 956 |
the program is to maintain methadone treatment, a letter of | 957 |
support for the location. The department shall determine whether a | 958 |
letter of support is satisfactory for purposes of waiving the | 959 |
requirement. | 960 |
| 961 |
one year from the date of issuance. Licenses may be renewed. | 962 |
| 963 |
rules for licensing, inspection, and supervision of alcohol and | 964 |
drug addiction programs that maintain methadone treatment. The | 965 |
rules shall establish standards for the control, storage, | 966 |
furnishing, use, and dispensing of methadone, prescribe minimum | 967 |
standards for the operation of the methadone treatment component | 968 |
of the program, and comply with federal laws and regulations. | 969 |
All rules adopted under this division shall be adopted in | 970 |
accordance with Chapter 119. of the Revised Code. All actions | 971 |
taken by the department regarding the licensing of programs to | 972 |
maintain methadone treatment shall be conducted in accordance with | 973 |
Chapter 119. of the Revised Code, except as provided in division | 974 |
975 |
| 976 |
shall inspect all alcohol and drug addiction programs licensed to | 977 |
maintain methadone treatment. Inspections shall be conducted at | 978 |
least annually and may be conducted more frequently. No person or | 979 |
government entity shall interfere with a state or local government | 980 |
official acting on behalf of the department while conducting an | 981 |
inspection. | 982 |
| 983 |
administer or dispense methadone in a tablet, powder, or | 984 |
intravenous form. Methadone shall be administered or dispensed | 985 |
only in a liquid form intended for ingestion. A program shall not | 986 |
administer or dispense methadone to an individual for pain or | 987 |
other medical reasons. | 988 |
| 989 |
person who assumes responsibility for the operation and employees | 990 |
of the methadone treatment component of an alcohol and drug | 991 |
addiction program. | 992 |
| 993 |
individual who receives methadone treatment from that program. A | 994 |
program shall not permit an individual to act as a program | 995 |
sponsor, medical director, or director of the program if the | 996 |
individual is receiving methadone treatment from any alcohol and | 997 |
drug addiction program. | 998 |
| 999 |
with section 3719.61 of the Revised Code, all other laws relating | 1000 |
to drug abuse, and the rules adopted under this section. Subject | 1001 |
to section 3793.13 of the Revised Code, the department may hold | 1002 |
hearings, require the production of relevant matter, compel | 1003 |
testimony, issue subpoenas, and make adjudications. Upon failure | 1004 |
of a person without lawful excuse to obey a subpoena or to produce | 1005 |
relevant matter, the department may apply to a court of common | 1006 |
pleas for an order compelling compliance. | 1007 |
| 1008 |
revoke, a license to maintain methadone treatment. A license may | 1009 |
be refused if an alcohol and drug addiction program does not meet | 1010 |
the requirements of division (C) of this section. A license may be | 1011 |
withdrawn at any time the department determines that the program | 1012 |
no longer meets the requirements for receiving the license. A | 1013 |
license may be revoked in accordance with division | 1014 |
section. | 1015 |
| 1016 |
date of this amendment, the department shall not consider the | 1017 |
requirement of division (C)(6) of this section in determining | 1018 |
whether to renew, withdraw, or revoke the license. | 1019 |
(L) If the department of alcohol and drug addiction services | 1020 |
finds reasonable cause to believe that an alcohol and drug | 1021 |
addiction program licensed under this section is in violation of | 1022 |
any provision of section 3719.61 of the Revised Code, or of any | 1023 |
other state or federal law or rule relating to drug abuse, the | 1024 |
department may issue an order immediately revoking the license, | 1025 |
subject to division | 1026 |
set a date not more than fifteen days later than the date of the | 1027 |
order of revocation for a hearing on the continuation or | 1028 |
cancellation of the revocation. For good cause, the department may | 1029 |
continue the hearing on application of any interested party. In | 1030 |
conducting hearings, the department has all the authority and | 1031 |
power set forth in division | 1032 |
hearing, the department shall either confirm or cancel the | 1033 |
revocation. The hearing shall be conducted in accordance with | 1034 |
Chapter 119. of the Revised Code, except that the program shall | 1035 |
not be permitted to maintain methadone treatment pending the | 1036 |
hearing or pending any appeal from an adjudication made as a | 1037 |
result of the hearing. Notwithstanding any provision of Chapter | 1038 |
119. of the Revised Code to the contrary, a court shall not stay | 1039 |
or suspend any order of revocation issued by the director under | 1040 |
this division pending judicial appeal. | 1041 |
| 1042 |
methadone treatment unless all clients receiving methadone | 1043 |
treatment from the alcohol and drug addiction program are provided | 1044 |
adequate substitute treatment. For purposes of this division, the | 1045 |
department may transfer the clients to other programs licensed to | 1046 |
maintain methadone treatment or replace any or all of the | 1047 |
administrators and staff of the program with representatives of | 1048 |
the department who shall continue on a provisional basis the | 1049 |
methadone treatment component of the program. | 1050 |
| 1051 |
an alcohol and drug addiction program for a license to maintain | 1052 |
methadone treatment, issues or refuses to issue a license, or | 1053 |
withdraws or revokes a license, the department shall notify the | 1054 |
board of alcohol, drug addiction, and mental health services of | 1055 |
each alcohol, drug addiction, and mental health service district | 1056 |
in which the program is operated. | 1057 |
| 1058 |
complaint, or otherwise, that an alcohol and drug addiction | 1059 |
program has engaged in any practice declared to be illegal or | 1060 |
prohibited by section 3719.61 of the Revised Code, or any other | 1061 |
state or federal laws or regulations relating to drug abuse, or | 1062 |
when the department believes it to be in the best interest of the | 1063 |
public and necessary for the protection of the citizens of the | 1064 |
state, the department may request criminal proceedings by laying | 1065 |
before the prosecuting attorney of the proper county any evidence | 1066 |
of criminality which may come to its knowledge. | 1067 |
| 1068 |
alcohol and drug addiction programs licensed by the department | 1069 |
under | 1070 |
current list to a judge of a court of common pleas who requests a | 1071 |
copy for the use of the judge under division (H) of section | 1072 |
2925.03 of the Revised Code. The list of licensed alcohol and drug | 1073 |
addiction programs shall identify each licensed program by its | 1074 |
name, its address, and the county in which it is located. | 1075 |
Sec. 3963.01. As used in this chapter: | 1076 |
(A) "Affiliate" means any person or entity that has ownership | 1077 |
or control of a contracting entity, is owned or controlled by a | 1078 |
contracting entity, or is under common ownership or control with a | 1079 |
contracting entity. | 1080 |
(B) "Basic health care services" has the same meaning as in | 1081 |
division (A) of section 1751.01 of the Revised Code, except that | 1082 |
it does not include any services listed in that division that are | 1083 |
provided by a pharmacist or nursing home. | 1084 |
(C) "Contracting entity" means any person that has a primary | 1085 |
business purpose of contracting with participating providers for | 1086 |
the delivery of health care services. | 1087 |
(D) "Credentialing" means the process of assessing and | 1088 |
validating the qualifications of a provider applying to be | 1089 |
approved by a contracting entity to provide basic health care | 1090 |
services, specialty health care services, or supplemental health | 1091 |
care services to enrollees. | 1092 |
(E) "Edit" means adjusting one or more procedure codes billed | 1093 |
by a participating provider on a claim for payment or a practice | 1094 |
that results in any of the following: | 1095 |
(1) Payment for some, but not all of the procedure codes | 1096 |
originally billed by a participating provider; | 1097 |
(2) Payment for a different procedure code than the procedure | 1098 |
code originally billed by a participating provider; | 1099 |
(3) A reduced payment as a result of services provided to an | 1100 |
enrollee that are claimed under more than one procedure code on | 1101 |
the same service date. | 1102 |
(F) "Electronic claims transport" means to accept and | 1103 |
digitize claims or to accept claims already digitized, to place | 1104 |
those claims into a format that complies with the electronic | 1105 |
transaction standards issued by the United States department of | 1106 |
health and human services pursuant to the "Health Insurance | 1107 |
Portability and Accountability Act of 1996," 110 Stat. 1955, 42 | 1108 |
U.S.C. 1320d, et seq., as those electronic standards are | 1109 |
applicable to the parties and as those electronic standards are | 1110 |
updated from time to time, and to electronically transmit those | 1111 |
claims to the appropriate contracting entity, payer, or | 1112 |
third-party administrator. | 1113 |
(G) "Enrollee" means any person eligible for health care | 1114 |
benefits under a health benefit plan, including an eligible | 1115 |
recipient of medicaid under Chapter 5111. of the Revised Code, and | 1116 |
includes all of the following terms: | 1117 |
(1) "Enrollee" and "subscriber" as defined by section 1751.01 | 1118 |
of the Revised Code; | 1119 |
(2) "Member" as defined by section 1739.01 of the Revised | 1120 |
Code; | 1121 |
(3) "Insured" and "plan member" pursuant to Chapter 3923. of | 1122 |
the Revised Code; | 1123 |
(4) "Beneficiary" as defined by section 3901.38 of the | 1124 |
Revised Code. | 1125 |
(H) "Health care contract" means a contract entered into, | 1126 |
materially amended, or renewed between a contracting entity and a | 1127 |
participating provider for the delivery of basic health care | 1128 |
services, specialty health care services, or supplemental health | 1129 |
care services to enrollees. | 1130 |
(I) "Health care services" means basic health care services, | 1131 |
specialty health care services, and supplemental health care | 1132 |
services. | 1133 |
(J) "Material amendment" means an amendment to a health care | 1134 |
contract that decreases the participating provider's payment or | 1135 |
compensation, changes the administrative procedures in a way that | 1136 |
may reasonably be expected to significantly increase the | 1137 |
provider's administrative expenses, or adds a new product. A | 1138 |
material amendment does not include any of the following: | 1139 |
(1) A decrease in payment or compensation resulting solely | 1140 |
from a change in a published fee schedule upon which the payment | 1141 |
or compensation is based and the date of applicability is clearly | 1142 |
identified in the contract; | 1143 |
(2) A decrease in payment or compensation that was | 1144 |
anticipated under the terms of the contract, if the amount and | 1145 |
date of applicability of the decrease is clearly identified in the | 1146 |
contract; | 1147 |
(3) An administrative change that may significantly increase | 1148 |
the provider's administrative expense, the specific applicability | 1149 |
of which is clearly identified in the contract; | 1150 |
(4) Changes to an existing prior authorization, | 1151 |
precertification, notification, or referral program that do not | 1152 |
substantially increase the provider's administrative expense; | 1153 |
(5) Changes to an edit program or to specific edits if the | 1154 |
participating provider is provided notice of the changes pursuant | 1155 |
to division (A)(1) of section 3963.04 of the Revised Code and the | 1156 |
notice includes information sufficient for the provider to | 1157 |
determine the effect of the change; | 1158 |
(6) Changes to a health care contract described in division | 1159 |
(B) of section 3963.04 of the Revised Code. | 1160 |
(K) "Participating provider" means a provider that has a | 1161 |
health care contract with a contracting entity and is entitled to | 1162 |
reimbursement for health care services rendered to an enrollee | 1163 |
under the health care contract. | 1164 |
(L) "Payer" means any person that assumes the financial risk | 1165 |
for the payment of claims under a health care contract or the | 1166 |
reimbursement for health care services provided to enrollees by | 1167 |
participating providers pursuant to a health care contract. | 1168 |
(M) "Primary enrollee" means a person who is responsible for | 1169 |
making payments for participation in a health care plan or an | 1170 |
enrollee whose employment or other status is the basis of | 1171 |
eligibility for enrollment in a health care plan. | 1172 |
(N) "Procedure codes" includes the American medical | 1173 |
association's current procedural terminology code, the American | 1174 |
dental association's current dental terminology, and the centers | 1175 |
for medicare and medicaid services health care common procedure | 1176 |
coding system. | 1177 |
(O) "Product" means one of the following types of categories | 1178 |
of coverage for which a participating provider may be obligated to | 1179 |
provide health care services pursuant to a health care contract: | 1180 |
(1) A health maintenance organization or other product | 1181 |
provided by a health insuring corporation; | 1182 |
(2) A preferred provider organization; | 1183 |
(3) Medicare; | 1184 |
(4) Medicaid; | 1185 |
(5) Workers' compensation. | 1186 |
(P) "Provider" means a physician, podiatrist, dentist, | 1187 |
chiropractor, optometrist, psychologist, physician assistant, | 1188 |
advanced practice registered nurse, occupational therapist, | 1189 |
massage therapist, physical therapist, professional counselor, | 1190 |
professional clinical counselor, hearing aid dealer, orthotist, | 1191 |
prosthetist, home health agency, hospice care program, or | 1192 |
hospital, or a provider organization or physician-hospital | 1193 |
organization that is acting exclusively as an administrator on | 1194 |
behalf of a provider to facilitate the provider's participation in | 1195 |
health care contracts. "Provider" does not mean a pharmacist, | 1196 |
pharmacy, nursing home, or a provider organization or | 1197 |
physician-hospital organization that leases the provider | 1198 |
organization's or physician-hospital organization's network to a | 1199 |
third party or contracts directly with employers or health and | 1200 |
welfare funds. | 1201 |
(Q) "Specialty health care services" has the same meaning as | 1202 |
in section 1751.01 of the Revised Code, except that it does not | 1203 |
include any services listed in division (B) of section 1751.01 of | 1204 |
the Revised Code that are provided by a pharmacist or a nursing | 1205 |
home. | 1206 |
(R) "Supplemental health care services" has the same meaning | 1207 |
as in division (B) of section 1751.01 of the Revised Code, except | 1208 |
that it does not include any services listed in that division that | 1209 |
are provided by a pharmacist or nursing home. | 1210 |
Sec. 4503.44. (A) As used in this section and in section | 1211 |
4511.69 of the Revised Code: | 1212 |
(1) "Person with a disability that limits or impairs the | 1213 |
ability to walk" means any person who, as determined by a health | 1214 |
care provider, meets any of the following criteria: | 1215 |
(a) Cannot walk two hundred feet without stopping to rest; | 1216 |
(b) Cannot walk without the use of, or assistance from, a | 1217 |
brace, cane, crutch, another person, prosthetic device, | 1218 |
wheelchair, or other assistive device; | 1219 |
(c) Is restricted by a lung disease to such an extent that | 1220 |
the person's forced (respiratory) expiratory volume for one | 1221 |
second, when measured by spirometry, is less than one liter, or | 1222 |
the arterial oxygen tension is less than sixty millimeters of | 1223 |
mercury on room air at rest; | 1224 |
(d) Uses portable oxygen; | 1225 |
(e) Has a cardiac condition to the extent that the person's | 1226 |
functional limitations are classified in severity as class III or | 1227 |
class IV according to standards set by the American heart | 1228 |
association; | 1229 |
(f) Is severely limited in the ability to walk due to an | 1230 |
arthritic, neurological, or orthopedic condition; | 1231 |
(g) Is blind. | 1232 |
(2) "Organization" means any private organization or | 1233 |
corporation, or any governmental board, agency, department, | 1234 |
division, or office, that, as part of its business or program, | 1235 |
transports persons with disabilities that limit or impair the | 1236 |
ability to walk on a regular basis in a motor vehicle that has not | 1237 |
been altered for the purpose of providing it with special | 1238 |
equipment for use by handicapped persons. This definition does not | 1239 |
apply to division (J) of this section. | 1240 |
(3) "Health care provider" means a physician, physician | 1241 |
assistant, advanced practice registered nurse, or chiropractor as | 1242 |
defined in this section. | 1243 |
(4) "Physician" means a person licensed to practice medicine | 1244 |
or surgery or osteopathic medicine and surgery under Chapter 4731. | 1245 |
of the Revised Code. | 1246 |
(5) "Chiropractor" means a person licensed to practice | 1247 |
chiropractic under Chapter 4734. of the Revised Code. | 1248 |
(6) "Advanced practice registered nurse" means | 1249 |
certified nurse practitioner, clinical nurse specialist, certified | 1250 |
registered nurse anesthetist, or certified nurse-midwife who holds | 1251 |
a certificate of authority issued by the board of nursing under | 1252 |
Chapter 4723. of the Revised Code. | 1253 |
(7) "Physician assistant" means a person who holds a | 1254 |
certificate to practice as a physician assistant issued under | 1255 |
Chapter 4730. of the Revised Code. | 1256 |
(B) Any organization or person with a disability that limits | 1257 |
or impairs the ability to walk may apply to the registrar of motor | 1258 |
vehicles for a removable windshield placard or, if the person owns | 1259 |
or leases a motor vehicle, the person may apply for the | 1260 |
registration of any motor vehicle the person owns or leases. In | 1261 |
addition to one or more sets of license plates or one placard, a | 1262 |
person with a disability that limits or impairs the ability to | 1263 |
walk is entitled to one additional placard, but only if the person | 1264 |
applies separately for the additional placard, states the reasons | 1265 |
why the additional placard is needed, and the registrar, in the | 1266 |
registrar's discretion, determines that good and justifiable cause | 1267 |
exists to approve the request for the additional placard. When a | 1268 |
motor vehicle has been altered for the purpose of providing it | 1269 |
with special equipment for a person with a disability that limits | 1270 |
or impairs the ability to walk, but is owned or leased by someone | 1271 |
other than such a person, the owner or lessee may apply to the | 1272 |
registrar or a deputy registrar for registration under this | 1273 |
section. The application for registration of a motor vehicle owned | 1274 |
or leased by a person with a disability that limits or impairs the | 1275 |
ability to walk shall be accompanied by a signed statement from | 1276 |
the applicant's health care provider certifying that the applicant | 1277 |
meets at least one of the criteria contained in division (A)(1) of | 1278 |
this section and that the disability is expected to continue for | 1279 |
more than six consecutive months. The application for a removable | 1280 |
windshield placard made by a person with a disability that limits | 1281 |
or impairs the ability to walk shall be accompanied by a | 1282 |
prescription from the applicant's health care provider prescribing | 1283 |
such a placard for the applicant, provided that the applicant | 1284 |
meets at least one of the criteria contained in division (A)(1) of | 1285 |
this section. The health care provider shall state on the | 1286 |
prescription the length of time the health care provider expects | 1287 |
the applicant to have the disability that limits or impairs the | 1288 |
applicant's ability to walk. The application for a removable | 1289 |
windshield placard made by an organization shall be accompanied by | 1290 |
such documentary evidence of regular transport of persons with | 1291 |
disabilities that limit or impair the ability to walk by the | 1292 |
organization as the registrar may require by rule and shall be | 1293 |
completed in accordance with procedures that the registrar may | 1294 |
require by rule. The application for registration of a motor | 1295 |
vehicle that has been altered for the purpose of providing it with | 1296 |
special equipment for a person with a disability that limits or | 1297 |
impairs the ability to walk but is owned by someone other than | 1298 |
such a person shall be accompanied by such documentary evidence of | 1299 |
vehicle alterations as the registrar may require by rule. | 1300 |
(C) When an organization, a person with a disability that | 1301 |
limits or impairs the ability to walk, or a person who does not | 1302 |
have a disability that limits or impairs the ability to walk but | 1303 |
owns a motor vehicle that has been altered for the purpose of | 1304 |
providing it with special equipment for a person with a disability | 1305 |
that limits or impairs the ability to walk first submits an | 1306 |
application for registration of a motor vehicle under this section | 1307 |
and every fifth year thereafter, the organization or person shall | 1308 |
submit a signed statement from the applicant's health care | 1309 |
provider, a completed application, and any required documentary | 1310 |
evidence of vehicle alterations as provided in division (B) of | 1311 |
this section, and also a power of attorney from the owner of the | 1312 |
motor vehicle if the applicant leases the vehicle. Upon submission | 1313 |
of these items, the registrar or deputy registrar shall issue to | 1314 |
the applicant appropriate vehicle registration and a set of | 1315 |
license plates and validation stickers, or validation stickers | 1316 |
alone when required by section 4503.191 of the Revised Code. In | 1317 |
addition to the letters and numbers ordinarily inscribed thereon, | 1318 |
the license plates shall be imprinted with the international | 1319 |
symbol of access. The license plates and validation stickers shall | 1320 |
be issued upon payment of the regular license fee as prescribed | 1321 |
under section 4503.04 of the Revised Code and any motor vehicle | 1322 |
tax levied under Chapter 4504. of the Revised Code, and the | 1323 |
payment of a service fee equal to the amount specified in division | 1324 |
(D) or (G) of section 4503.10 of the Revised Code. | 1325 |
(D)(1) Upon receipt of a completed and signed application for | 1326 |
a removable windshield placard, a prescription as described in | 1327 |
division (B) of this section, documentary evidence of regular | 1328 |
transport of persons with disabilities that limit or impair the | 1329 |
ability to walk, if required, and payment of a service fee equal | 1330 |
to the amount specified in division (D) or (G) of section 4503.10 | 1331 |
of the Revised Code, the registrar or deputy registrar shall issue | 1332 |
to the applicant a removable windshield placard, which shall bear | 1333 |
the date of expiration on both sides of the placard and shall be | 1334 |
valid until expired, revoked, or surrendered. Every removable | 1335 |
windshield placard expires as described in division (D)(2) of this | 1336 |
section, but in no case shall a removable windshield placard be | 1337 |
valid for a period of less than sixty days. Removable windshield | 1338 |
placards shall be renewable upon application as provided in | 1339 |
division (B) of this section, and a service fee equal to the | 1340 |
amount specified in division (D) or (G) of section 4503.10 of the | 1341 |
Revised Code shall be charged for the renewal of a removable | 1342 |
windshield placard. The registrar shall provide the application | 1343 |
form and shall determine the information to be included thereon. | 1344 |
The registrar also shall determine the form and size of the | 1345 |
removable windshield placard, the material of which it is to be | 1346 |
made, and any other information to be included thereon, and shall | 1347 |
adopt rules relating to the issuance, expiration, revocation, | 1348 |
surrender, and proper display of such placards. Any placard issued | 1349 |
after October 14, 1999, shall be manufactured in a manner that | 1350 |
allows the expiration date of the placard to be indicated on it | 1351 |
through the punching, drilling, boring, or creation by any other | 1352 |
means of holes in the placard. | 1353 |
(2) At the time a removable windshield placard is issued to a | 1354 |
person with a disability that limits or impairs the ability to | 1355 |
walk, the registrar or deputy registrar shall enter into the | 1356 |
records of the bureau of motor vehicles the last date on which the | 1357 |
person will have that disability, as indicated on the accompanying | 1358 |
prescription. Not less than thirty days prior to that date and all | 1359 |
removable windshield placard renewal dates, the bureau shall send | 1360 |
a renewal notice to that person at the person's last known address | 1361 |
as shown in the records of the bureau, informing the person that | 1362 |
the person's removable windshield placard will expire on the | 1363 |
indicated date not to exceed five years from the date of issuance, | 1364 |
and that the person is required to renew the placard by submitting | 1365 |
to the registrar or a deputy registrar another prescription, as | 1366 |
described in division (B) of this section, and by complying with | 1367 |
the renewal provisions prescribed in division (D)(1) of this | 1368 |
section. If such a prescription is not received by the registrar | 1369 |
or a deputy registrar by that date, the placard issued to that | 1370 |
person expires and no longer is valid, and this fact shall be | 1371 |
recorded in the records of the bureau. | 1372 |
(3) At least once every year, on a date determined by the | 1373 |
registrar, the bureau shall examine the records of the office of | 1374 |
vital statistics, located within the department of health, that | 1375 |
pertain to deceased persons, and also the bureau's records of all | 1376 |
persons who have been issued removable windshield placards and | 1377 |
temporary removable windshield placards. If the records of the | 1378 |
office of vital statistics indicate that a person to whom a | 1379 |
removable windshield placard or temporary removable windshield | 1380 |
placard has been issued is deceased, the bureau shall cancel that | 1381 |
placard, and note the cancellation in its records. | 1382 |
The office of vital statistics shall make available to the | 1383 |
bureau all information necessary to enable the bureau to comply | 1384 |
with division (D)(3) of this section. | 1385 |
(4) Nothing in this section shall be construed to require a | 1386 |
person or organization to apply for a removable windshield placard | 1387 |
or special license plates if the parking card or special license | 1388 |
plates issued to the person or organization under prior law have | 1389 |
not expired or been surrendered or revoked. | 1390 |
(E)(1)(a) Any person with a disability that limits or impairs | 1391 |
the ability to walk may apply to the registrar or a deputy | 1392 |
registrar for a temporary removable windshield placard. The | 1393 |
application for a temporary removable windshield placard shall be | 1394 |
accompanied by a prescription from the applicant's health care | 1395 |
provider prescribing such a placard for the applicant, provided | 1396 |
that the applicant meets at least one of the criteria contained in | 1397 |
division (A)(1) of this section and that the disability is | 1398 |
expected to continue for six consecutive months or less. The | 1399 |
health care provider shall state on the prescription the length of | 1400 |
time the health care provider expects the applicant to have the | 1401 |
disability that limits or impairs the applicant's ability to walk, | 1402 |
which cannot exceed six months from the date of the prescription. | 1403 |
Upon receipt of an application for a temporary removable | 1404 |
windshield placard, presentation of the prescription from the | 1405 |
applicant's health care provider, and payment of a service fee | 1406 |
equal to the amount specified in division (D) or (G) of section | 1407 |
4503.10 of the Revised Code, the registrar or deputy registrar | 1408 |
shall issue to the applicant a temporary removable windshield | 1409 |
placard. | 1410 |
(b) Any active-duty member of the armed forces of the United | 1411 |
States, including the reserve components of the armed forces and | 1412 |
the national guard, who has an illness or injury that limits or | 1413 |
impairs the ability to walk may apply to the registrar or a deputy | 1414 |
registrar for a temporary removable windshield placard. With the | 1415 |
application, the person shall present evidence of the person's | 1416 |
active-duty status and the illness or injury. Evidence of the | 1417 |
illness or injury may include a current department of defense | 1418 |
convalescent leave statement, any department of defense document | 1419 |
indicating that the person currently has an ill or injured | 1420 |
casualty status or has limited duties, or a prescription from any | 1421 |
health care provider prescribing the placard for the applicant. | 1422 |
Upon receipt of the application and the necessary evidence, the | 1423 |
registrar or deputy registrar shall issue the applicant the | 1424 |
temporary removable windshield placard without the payment of any | 1425 |
service fee. | 1426 |
(2) The temporary removable windshield placard shall be of | 1427 |
the same size and form as the removable windshield placard, shall | 1428 |
be printed in white on a red-colored background, and shall bear | 1429 |
the word "temporary" in letters of such size as the registrar | 1430 |
shall prescribe. A temporary removable windshield placard also | 1431 |
shall bear the date of expiration on the front and back of the | 1432 |
placard, and shall be valid until expired, surrendered, or | 1433 |
revoked, but in no case shall such a placard be valid for a period | 1434 |
of less than sixty days. The registrar shall provide the | 1435 |
application form and shall determine the information to be | 1436 |
included on it, provided that the registrar shall not require a | 1437 |
health care provider's prescription or certification for a person | 1438 |
applying under division (E)(1)(b) of this section. The registrar | 1439 |
also shall determine the material of which the temporary removable | 1440 |
windshield placard is to be made and any other information to be | 1441 |
included on the placard and shall adopt rules relating to the | 1442 |
issuance, expiration, surrender, revocation, and proper display of | 1443 |
those placards. Any temporary removable windshield placard issued | 1444 |
after October 14, 1999, shall be manufactured in a manner that | 1445 |
allows for the expiration date of the placard to be indicated on | 1446 |
it through the punching, drilling, boring, or creation by any | 1447 |
other means of holes in the placard. | 1448 |
(F) If an applicant for a removable windshield placard is a | 1449 |
veteran of the armed forces of the United States whose disability, | 1450 |
as defined in division (A)(1) of this section, is | 1451 |
service-connected, the registrar or deputy registrar, upon receipt | 1452 |
of the application, presentation of a signed statement from the | 1453 |
applicant's health care provider certifying the applicant's | 1454 |
disability, and presentation of such documentary evidence from the | 1455 |
department of veterans affairs that the disability of the | 1456 |
applicant meets at least one of the criteria identified in | 1457 |
division (A)(1) of this section and is service-connected as the | 1458 |
registrar may require by rule, but without the payment of any | 1459 |
service fee, shall issue the applicant a removable windshield | 1460 |
placard that is valid until expired, surrendered, or revoked. | 1461 |
(G) Upon a conviction of a violation of division (I), (J), or | 1462 |
(K) of this section, the court shall report the conviction, and | 1463 |
send the placard or parking card, if available, to the registrar, | 1464 |
who thereupon shall revoke the privilege of using the placard or | 1465 |
parking card and send notice in writing to the placardholder or | 1466 |
cardholder at that holder's last known address as shown in the | 1467 |
records of the bureau, and the placardholder or cardholder shall | 1468 |
return the placard or card if not previously surrendered to the | 1469 |
court, to the registrar within ten days following mailing of the | 1470 |
notice. | 1471 |
Whenever a person to whom a removable windshield placard or | 1472 |
parking card has been issued moves to another state, the person | 1473 |
shall surrender the placard or card to the registrar; and whenever | 1474 |
an organization to which a placard or card has been issued changes | 1475 |
its place of operation to another state, the organization shall | 1476 |
surrender the placard or card to the registrar. | 1477 |
(H) Subject to division (F) of section 4511.69 of the Revised | 1478 |
Code, the operator of a motor vehicle displaying a removable | 1479 |
windshield placard, temporary removable windshield placard, | 1480 |
parking card, or the special license plates authorized by this | 1481 |
section is entitled to park the motor vehicle in any special | 1482 |
parking location reserved for persons with disabilities that limit | 1483 |
or impair the ability to walk, also known as handicapped parking | 1484 |
spaces or disability parking spaces. | 1485 |
(I) No person or organization that is not eligible under | 1486 |
division (B) or (E) of this section shall willfully and falsely | 1487 |
represent that the person or organization is so eligible. | 1488 |
No person or organization shall display license plates issued | 1489 |
under this section unless the license plates have been issued for | 1490 |
the vehicle on which they are displayed and are valid. | 1491 |
(J) No person or organization to which a removable windshield | 1492 |
placard or temporary removable windshield placard is issued shall | 1493 |
do either of the following: | 1494 |
(1) Display or permit the display of the placard on any motor | 1495 |
vehicle when having reasonable cause to believe the motor vehicle | 1496 |
is being used in connection with an activity that does not include | 1497 |
providing transportation for persons with disabilities that limit | 1498 |
or impair the ability to walk; | 1499 |
(2) Refuse to return or surrender the placard, when required. | 1500 |
(K)(1) No person or organization to which a parking card is | 1501 |
issued shall do either of the following: | 1502 |
(a) Display or permit the display of the parking card on any | 1503 |
motor vehicle when having reasonable cause to believe the motor | 1504 |
vehicle is being used in connection with an activity that does not | 1505 |
include providing transportation for a handicapped person; | 1506 |
(b) Refuse to return or surrender the parking card, when | 1507 |
required. | 1508 |
(2) As used in division (K) of this section: | 1509 |
(a) "Handicapped person" means any person who has lost the | 1510 |
use of one or both legs or one or both arms, who is blind, deaf, | 1511 |
or so severely handicapped as to be unable to move about without | 1512 |
the aid of crutches or a wheelchair, or whose mobility is | 1513 |
restricted by a permanent cardiovascular, pulmonary, or other | 1514 |
handicapping condition. | 1515 |
(b) "Organization" means any private organization or | 1516 |
corporation, or any governmental board, agency, department, | 1517 |
division, or office, that, as part of its business or program, | 1518 |
transports handicapped persons on a regular basis in a motor | 1519 |
vehicle that has not been altered for the purposes of providing it | 1520 |
with special equipment for use by handicapped persons. | 1521 |
(L) If a removable windshield placard, temporary removable | 1522 |
windshield placard, or parking card is lost, destroyed, or | 1523 |
mutilated, the placardholder or cardholder may obtain a duplicate | 1524 |
by doing both of the following: | 1525 |
(1) Furnishing suitable proof of the loss, destruction, or | 1526 |
mutilation to the registrar; | 1527 |
(2) Paying a service fee equal to the amount specified in | 1528 |
division (D) or (G) of section 4503.10 of the Revised Code. | 1529 |
Any placardholder or cardholder who loses a placard or card | 1530 |
and, after obtaining a duplicate, finds the original, immediately | 1531 |
shall surrender the original placard or card to the registrar. | 1532 |
(M) The registrar shall pay all fees received under this | 1533 |
section for the issuance of removable windshield placards or | 1534 |
temporary removable windshield placards or duplicate removable | 1535 |
windshield placards or cards into the state treasury to the credit | 1536 |
of the state bureau of motor vehicles fund created in section | 1537 |
4501.25 of the Revised Code. | 1538 |
(N) In addition to the fees collected under this section, the | 1539 |
registrar or deputy registrar shall ask each person applying for a | 1540 |
removable windshield placard or temporary removable windshield | 1541 |
placard or duplicate removable windshield placard or license plate | 1542 |
issued under this section, whether the person wishes to make a | 1543 |
two-dollar voluntary contribution to support rehabilitation | 1544 |
employment services. The registrar shall transmit the | 1545 |
contributions received under this division to the treasurer of | 1546 |
state for deposit into the rehabilitation employment fund, which | 1547 |
is hereby created in the state treasury. A deputy registrar shall | 1548 |
transmit the contributions received under this division to the | 1549 |
registrar in the time and manner prescribed by the registrar. The | 1550 |
contributions in the fund shall be used by the rehabilitation | 1551 |
services commission to purchase services related to vocational | 1552 |
evaluation, work adjustment, personal adjustment, job placement, | 1553 |
job coaching, and community-based assessment from accredited | 1554 |
community rehabilitation program facilities. | 1555 |
(O) For purposes of enforcing this section, every peace | 1556 |
officer is deemed to be an agent of the registrar. Any peace | 1557 |
officer or any authorized employee of the bureau of motor vehicles | 1558 |
who, in the performance of duties authorized by law, becomes aware | 1559 |
of a person whose placard or parking card has been revoked | 1560 |
pursuant to this section, may confiscate that placard or parking | 1561 |
card and return it to the registrar. The registrar shall prescribe | 1562 |
any forms used by law enforcement agencies in administering this | 1563 |
section. | 1564 |
No peace officer, law enforcement agency employing a peace | 1565 |
officer, or political subdivision or governmental agency employing | 1566 |
a peace officer, and no employee of the bureau is liable in a | 1567 |
civil action for damages or loss to persons arising out of the | 1568 |
performance of any duty required or authorized by this section. As | 1569 |
used in this division, "peace officer" has the same meaning as in | 1570 |
division (B) of section 2935.01 of the Revised Code. | 1571 |
(P) All applications for registration of motor vehicles, | 1572 |
removable windshield placards, and temporary removable windshield | 1573 |
placards issued under this section, all renewal notices for such | 1574 |
items, and all other publications issued by the bureau that relate | 1575 |
to this section shall set forth the criminal penalties that may be | 1576 |
imposed upon a person who violates any provision relating to | 1577 |
special license plates issued under this section, the parking of | 1578 |
vehicles displaying such license plates, and the issuance, | 1579 |
procurement, use, and display of removable windshield placards and | 1580 |
temporary removable windshield placards issued under this section. | 1581 |
(Q) Whoever violates this section is guilty of a misdemeanor | 1582 |
of the fourth degree. | 1583 |
Sec. 4723.01. As used in this chapter: | 1584 |
(A) "Registered nurse" means an individual who holds a | 1585 |
current, valid license issued under this chapter that authorizes | 1586 |
the practice of nursing as a registered nurse. | 1587 |
(B) "Practice of nursing as a registered nurse" means | 1588 |
providing to individuals and groups nursing care requiring | 1589 |
specialized knowledge, judgment, and skill derived from the | 1590 |
principles of biological, physical, behavioral, social, and | 1591 |
nursing sciences. Such nursing care includes: | 1592 |
(1) Identifying patterns of human responses to actual or | 1593 |
potential health problems amenable to a nursing regimen; | 1594 |
(2) Executing a nursing regimen through the selection, | 1595 |
performance, management, and evaluation of nursing actions; | 1596 |
(3) Assessing health status for the purpose of providing | 1597 |
nursing care; | 1598 |
(4) Providing health counseling and health teaching; | 1599 |
(5) Administering medications, treatments, and executing | 1600 |
regimens authorized by an individual who is authorized to practice | 1601 |
in this state and is acting within the course of the individual's | 1602 |
professional practice; | 1603 |
(6) Teaching, administering, supervising, delegating, and | 1604 |
evaluating nursing practice. | 1605 |
(C) "Nursing regimen" may include preventative, restorative, | 1606 |
and health-promotion activities. | 1607 |
(D) "Assessing health status" means the collection of data | 1608 |
through nursing assessment techniques, which may include | 1609 |
interviews, observation, and physical evaluations for the purpose | 1610 |
of providing nursing care. | 1611 |
(E) "Licensed practical nurse" means an individual who holds | 1612 |
a current, valid license issued under this chapter that authorizes | 1613 |
the practice of nursing as a licensed practical nurse. | 1614 |
(F) "The practice of nursing as a licensed practical nurse" | 1615 |
means providing to individuals and groups nursing care requiring | 1616 |
the application of basic knowledge of the biological, physical, | 1617 |
behavioral, social, and nursing sciences at the direction of a | 1618 |
licensed physician, dentist, podiatrist, optometrist, | 1619 |
chiropractor, or registered nurse. Such nursing care includes: | 1620 |
(1) Observation, patient teaching, and care in a diversity of | 1621 |
health care settings; | 1622 |
(2) Contributions to the planning, implementation, and | 1623 |
evaluation of nursing; | 1624 |
(3) Administration of medications and treatments authorized | 1625 |
by an individual who is authorized to practice in this state and | 1626 |
is acting within the course of the individual's professional | 1627 |
practice | 1628 |
1629 | |
1630 | |
condition that the licensed practical nurse | 1631 |
1632 | |
1633 | |
Revised Code to administer medications; | 1634 |
(4) Administration to an adult of intravenous therapy | 1635 |
authorized by an individual who is authorized to practice in this | 1636 |
state and is acting within the course of the individual's | 1637 |
professional practice, on the condition that the licensed | 1638 |
practical nurse is authorized under section | 1639 |
1640 | |
therapy and performs intravenous therapy only in accordance with | 1641 |
those sections; | 1642 |
(5) Delegation of nursing tasks as directed by a registered | 1643 |
nurse; | 1644 |
(6) Teaching nursing tasks to licensed practical nurses and | 1645 |
individuals to whom the licensed practical nurse is authorized to | 1646 |
delegate nursing tasks as directed by a registered nurse. | 1647 |
(G) "Certified registered nurse anesthetist" means a | 1648 |
registered nurse who holds a valid certificate of authority issued | 1649 |
under this chapter that authorizes the practice of nursing as a | 1650 |
certified registered nurse anesthetist in accordance with section | 1651 |
4723.43 of the Revised Code and rules adopted by the board of | 1652 |
nursing. | 1653 |
(H) "Clinical nurse specialist" means a registered nurse who | 1654 |
holds a valid certificate of authority issued under this chapter | 1655 |
that authorizes the practice of nursing as a clinical nurse | 1656 |
specialist in accordance with section 4723.43 of the Revised Code | 1657 |
and rules adopted by the board of nursing. | 1658 |
(I) "Certified nurse-midwife" means a registered nurse who | 1659 |
holds a valid certificate of authority issued under this chapter | 1660 |
that authorizes the practice of nursing as a certified | 1661 |
nurse-midwife in accordance with section 4723.43 of the Revised | 1662 |
Code and rules adopted by the board of nursing. | 1663 |
(J) "Certified nurse practitioner" means a registered nurse | 1664 |
who holds a valid certificate of authority issued under this | 1665 |
chapter that authorizes the practice of nursing as a certified | 1666 |
nurse practitioner in accordance with section 4723.43 of the | 1667 |
Revised Code and rules adopted by the board of nursing. | 1668 |
(K) "Physician" means an individual authorized under Chapter | 1669 |
4731. of the Revised Code to practice medicine and surgery or | 1670 |
osteopathic medicine and surgery | 1671 |
1672 |
(L) "Collaboration" or "collaborating" means the following: | 1673 |
(1) In the case of a clinical nurse specialist, except as | 1674 |
provided in division (L)(3) of this section, or a certified nurse | 1675 |
practitioner, that one or more podiatrists acting within the scope | 1676 |
of practice of podiatry in accordance with section 4731.51 of the | 1677 |
Revised Code and with whom the nurse has entered into a standard | 1678 |
care arrangement or one or more physicians with whom the nurse has | 1679 |
entered into a standard care arrangement are continuously | 1680 |
available to communicate with the clinical nurse specialist or | 1681 |
certified nurse practitioner either in person or by radio, | 1682 |
telephone, or other form of telecommunication; | 1683 |
(2) In the case of a certified nurse-midwife, that one or | 1684 |
more physicians with whom the certified nurse-midwife has entered | 1685 |
into a standard care arrangement are continuously available to | 1686 |
communicate with the certified nurse-midwife either in person or | 1687 |
by radio, telephone, or other form of telecommunication; | 1688 |
(3) In the case of a clinical nurse specialist who practices | 1689 |
the nursing specialty of mental health or psychiatric mental | 1690 |
health without being authorized to prescribe drugs and therapeutic | 1691 |
devices, that one or more physicians are continuously available to | 1692 |
communicate with the nurse either in person or by radio, | 1693 |
telephone, or other form of telecommunication. | 1694 |
(M) "Supervision," as it pertains to a certified registered | 1695 |
nurse anesthetist, means that the certified registered nurse | 1696 |
anesthetist is under the direction of a podiatrist acting within | 1697 |
the podiatrist's scope of practice in accordance with section | 1698 |
4731.51 of the Revised Code, a dentist acting within the dentist's | 1699 |
scope of practice in accordance with Chapter 4715. of the Revised | 1700 |
Code, or a physician, and, when administering anesthesia, the | 1701 |
certified registered nurse anesthetist is in the immediate | 1702 |
presence of the podiatrist, dentist, or physician. | 1703 |
(N) "Standard care arrangement" means a written, formal guide | 1704 |
for planning and evaluating a patient's health care that is | 1705 |
developed by one or more collaborating physicians or podiatrists | 1706 |
and a clinical nurse specialist, certified nurse-midwife, or | 1707 |
certified nurse practitioner and meets the requirements of section | 1708 |
4723.431 of the Revised Code. | 1709 |
(O) "Advanced practice registered nurse" means a certified | 1710 |
registered nurse anesthetist, clinical nurse specialist, certified | 1711 |
nurse-midwife, or certified nurse practitioner. | 1712 |
(P) "Dialysis care" means the care and procedures that a | 1713 |
dialysis technician or dialysis technician intern is authorized to | 1714 |
provide and perform, as specified in section 4723.72 of the | 1715 |
Revised Code. | 1716 |
(Q) "Dialysis technician" means an individual who holds a | 1717 |
current, valid certificate | 1718 |
1719 | |
dialysis technician | 1720 |
1721 |
(R) "Dialysis technician intern" means an individual who | 1722 |
holds a current, valid certificate to practice as a dialysis | 1723 |
technician intern issued under section 4723.75 of the Revised | 1724 |
Code. | 1725 |
(S) "Certified community health worker" means an individual | 1726 |
who holds a current, valid certificate as a community health | 1727 |
worker issued | 1728 |
Revised Code. | 1729 |
(T) "Medication aide" means an individual who holds a | 1730 |
current, valid certificate issued under this chapter that | 1731 |
authorizes the individual to administer medication in accordance | 1732 |
with section 4723.67 of the Revised Code. | 1733 |
Sec. 4723.03. (A) No person shall engage in the practice of | 1734 |
nursing as a registered nurse, represent the person as being a | 1735 |
registered nurse, or use the title "registered nurse," the | 1736 |
initials "R.N.," or any other title implying that the person is a | 1737 |
registered nurse, for a fee, salary, or other consideration, or as | 1738 |
a volunteer, without holding a current, valid license as a | 1739 |
registered nurse under this chapter. | 1740 |
(B) No person shall engage in the practice of nursing as a | 1741 |
licensed practical nurse, represent the person as being a licensed | 1742 |
practical nurse, or use the title "licensed practical nurse," the | 1743 |
initials "L.P.N.," or any other title implying that the person is | 1744 |
a licensed practical nurse, for a fee, salary, or other | 1745 |
consideration, or as a volunteer, without holding a current, valid | 1746 |
license as a practical nurse under this chapter. | 1747 |
(C) No person shall use the titles or initials "graduate | 1748 |
nurse," "G.N.," "professional nurse," "P.N.," "graduate practical | 1749 |
nurse," "G.P.N.," "practical nurse," "P.N.," "trained nurse," | 1750 |
"T.N.," or any other statement, title, or initials that would | 1751 |
imply or represent to the public that the person is authorized to | 1752 |
practice nursing in this state, except as follows: | 1753 |
(1) A person licensed under this chapter to practice nursing | 1754 |
as a registered nurse may use that title and the initials "R.N."; | 1755 |
(2) A person licensed under this chapter to practice nursing | 1756 |
as a licensed practical nurse may use that title and the initials | 1757 |
"L.P.N."; | 1758 |
(3) A person authorized under this chapter to practice | 1759 |
nursing as a certified registered nurse anesthetist may use that | 1760 |
title, the initials "C.R.N.A." or "N.A.," and any other title or | 1761 |
initials approved by the board of nursing; | 1762 |
(4) A person authorized under this chapter to practice | 1763 |
nursing as a clinical nurse specialist may use that title, the | 1764 |
initials "C.N.S.," and any other title or initials approved by the | 1765 |
board; | 1766 |
(5) A person authorized under this chapter to practice | 1767 |
nursing as a certified nurse-midwife may use that title, the | 1768 |
initials "C.N.M.," and any other title or initials approved by the | 1769 |
board; | 1770 |
(6) A person authorized under this chapter to practice | 1771 |
nursing as a certified nurse practitioner may use that title, the | 1772 |
initials "C.N.P.," and any other title or initials approved by the | 1773 |
board; | 1774 |
(7) A person authorized under this chapter to practice as a | 1775 |
certified registered nurse anesthetist, clinical nurse specialist, | 1776 |
certified nurse-midwife, or certified nurse practitioner may use | 1777 |
the title "advanced practice registered nurse" or the initials | 1778 |
"A.P.R.N." | 1779 |
(D) No person shall employ a person not licensed as a | 1780 |
registered nurse under this chapter to engage in the practice of | 1781 |
nursing as a registered nurse. No person shall employ a person not | 1782 |
licensed as a practical nurse under this chapter to engage in the | 1783 |
practice of nursing as a licensed practical nurse. | 1784 |
(E) No person shall sell or fraudulently obtain or furnish | 1785 |
any nursing diploma, license, certificate, renewal, or record, or | 1786 |
aid or abet such acts. | 1787 |
Sec. 4723.06. (A) The board of nursing shall: | 1788 |
(1) Administer and enforce the provisions of this chapter, | 1789 |
including the taking of disciplinary action for violations of | 1790 |
section 4723.28 of the Revised Code, any other provisions of this | 1791 |
chapter, or rules adopted under this chapter; | 1792 |
(2) Develop criteria that an applicant must meet to be | 1793 |
eligible to sit for the examination for licensure to practice as a | 1794 |
registered nurse or as a licensed practical nurse; | 1795 |
(3) Issue and renew nursing licenses, dialysis technician | 1796 |
certificates, and community health worker certificates, as | 1797 |
provided in this chapter; | 1798 |
(4) Define the minimum | 1799 |
educational programs of the schools of | 1800 |
nursing and schools of practical nursing in this state; | 1801 |
(5) Survey, inspect, and grant full approval to prelicensure | 1802 |
nursing education programs in this state that meet the standards | 1803 |
established by rules adopted under section 4723.07 of the Revised | 1804 |
Code. Prelicensure nursing education programs include, but are not | 1805 |
limited to, diploma, associate degree, baccalaureate degree, | 1806 |
1807 | |
initial licensure to practice nursing as a registered nurse and | 1808 |
practical nurse programs leading to initial licensure to practice | 1809 |
nursing as a licensed practical nurse. | 1810 |
(6) Grant conditional approval, by a vote of a quorum of the | 1811 |
board, to a new prelicensure nursing education program or a | 1812 |
program that is being reestablished after having ceased to | 1813 |
operate, if the program meets and maintains the minimum standards | 1814 |
of the board established by rules adopted under section 4723.07 of | 1815 |
the Revised Code. If the board does not grant conditional | 1816 |
approval, it shall hold an adjudication under Chapter 119. of the | 1817 |
Revised Code to consider conditional approval of the program. If | 1818 |
the board grants conditional approval, at | 1819 |
1820 | |
completion of the survey process required by division (A)(5) of | 1821 |
this section, the board shall determine whether to grant full | 1822 |
approval to the program. If the board does not grant full approval | 1823 |
or if it appears that the program has failed to meet and maintain | 1824 |
standards established by rules adopted under section 4723.07 of | 1825 |
the Revised Code, the board shall hold an adjudication under | 1826 |
Chapter 119. of the Revised Code to consider the program. Based on | 1827 |
results of the adjudication, the board may continue or withdraw | 1828 |
conditional approval, or grant full approval. | 1829 |
(7) Place on provisional approval, for a period of time | 1830 |
specified by the board, a program that has ceased to meet and | 1831 |
maintain the minimum standards of the board established by rules | 1832 |
adopted under section 4723.07 of the Revised Code. | 1833 |
at the end of the period, the board shall reconsider whether the | 1834 |
program meets the standards and shall grant full approval if it | 1835 |
does. If it does not, the board may withdraw approval, pursuant to | 1836 |
an adjudication under Chapter 119. of the Revised Code. | 1837 |
(8) Approve continuing | 1838 |
under standards established in rules adopted under | 1839 |
sections 4723.07, 4723.69, 4723.79, and 4723.88 of the Revised | 1840 |
Code; | 1841 |
(9) | 1842 |
1843 | |
1844 |
| 1845 |
in accordance with section 4723.35 of the Revised Code; | 1846 |
| 1847 |
program in accordance with section 4723.282 of the Revised Code; | 1848 |
| 1849 |
practice nursing as a certified registered nurse anesthetist, | 1850 |
clinical nurse specialist, certified nurse-midwife, or certified | 1851 |
nurse practitioner; | 1852 |
| 1853 |
national certifying organizations for examination and | 1854 |
certification of certified registered nurse anesthetists, clinical | 1855 |
nurse specialists, certified nurse-midwives, or certified nurse | 1856 |
practitioners; | 1857 |
| 1858 |
accordance with sections 4723.48 and 4723.486 of the Revised Code; | 1859 |
| 1860 |
study required by section 4723.482 of the Revised Code to be | 1861 |
eligible for a certificate to prescribe; | 1862 |
| 1863 |
in rules adopted under section 4723.50 of the Revised Code | 1864 |
available to the public either in printed form or by electronic | 1865 |
means and, as soon as possible after any revision of the formulary | 1866 |
becomes effective, make the revision available to the public in | 1867 |
printed form or by electronic means; | 1868 |
| 1869 |
general assembly, the governor, state agencies, and the federal | 1870 |
government with respect to the regulation of the practice of | 1871 |
nursing and the enforcement of this chapter; | 1872 |
| 1873 |
be open for public inspection; | 1874 |
| 1875 |
following records: | 1876 |
(a) A record of all its meetings and proceedings; | 1877 |
(b) A | 1878 |
1879 | |
1880 | |
1881 | |
by the board under this chapter | 1882 |
1883 | |
rules adopted under this chapter. The record shall be maintained | 1884 |
in a format determined by the board. | 1885 |
(c) A list of | 1886 |
programs approved by the board | 1887 |
| 1888 |
1889 |
(19) Deny approval to a person who submits or causes to be | 1890 |
submitted false, misleading, or deceptive statements, information, | 1891 |
or documentation to the board in the process of applying for | 1892 |
approval of a new education or training program. If the board | 1893 |
proposes to deny approval of a new education or training program, | 1894 |
it shall do so pursuant to an adjudication conducted under Chapter | 1895 |
119. of the Revised Code. | 1896 |
(B) The board may fulfill the requirement of division (A)(8) | 1897 |
of this section by authorizing persons who meet the standards | 1898 |
established in rules adopted under section 4723.07 of the Revised | 1899 |
Code to approve continuing | 1900 |
Persons so authorized shall approve continuing | 1901 |
programs and courses in accordance with standards established in | 1902 |
rules adopted under section 4723.07 of the Revised Code. | 1903 |
Persons seeking authorization to approve continuing | 1904 |
education programs and courses shall apply to the board and pay | 1905 |
the appropriate fee established under section 4723.08 of the | 1906 |
Revised Code. Authorizations to approve continuing | 1907 |
education programs and courses shall expire, and may be renewed | 1908 |
according to the schedule established in rules adopted under | 1909 |
section 4723.07 of the Revised Code. | 1910 |
In addition to approving continuing | 1911 |
programs under division (A)(8) of this section, the board may | 1912 |
sponsor continuing education activities that are directly related | 1913 |
to the statutes and rules | 1914 |
1915 |
Sec. 4723.063. (A) As used in this section: | 1916 |
(1) "Health care facility" means: | 1917 |
(a) A hospital registered under section 3701.07 of the | 1918 |
Revised Code; | 1919 |
(b) A nursing home licensed under section 3721.02 of the | 1920 |
Revised Code, or by a political subdivision certified under | 1921 |
section 3721.09 of the Revised Code; | 1922 |
(c) A county home or a county nursing home as defined in | 1923 |
section 5155.31 of the Revised Code that is certified under Title | 1924 |
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 1925 |
U.S.C. 301, as amended; | 1926 |
(d) A freestanding dialysis center; | 1927 |
(e) A freestanding inpatient rehabilitation facility; | 1928 |
(f) An ambulatory surgical facility; | 1929 |
(g) A freestanding cardiac catheterization facility; | 1930 |
(h) A freestanding birthing center; | 1931 |
(i) A freestanding or mobile diagnostic imaging center; | 1932 |
(j) A freestanding radiation therapy center. | 1933 |
(2) "Nurse education program" means a prelicensure nurse | 1934 |
education program approved by the board of nursing under section | 1935 |
4723.06 of the Revised Code or a postlicensure nurse education | 1936 |
program approved by the board of regents under section 3333.04 of | 1937 |
the Revised Code. | 1938 |
(B) The state board of nursing shall establish and administer | 1939 |
the nurse education grant program. Under the program, the board | 1940 |
shall award grants to nurse education programs that have | 1941 |
partnerships with other education programs, community health | 1942 |
agencies, | 1943 |
homes. Grant recipients shall use the money to fund partnerships | 1944 |
to increase the nurse education program's enrollment capacity. | 1945 |
Methods of increasing a program's enrollment capacity may include | 1946 |
hiring faculty and preceptors, purchasing educational equipment | 1947 |
and materials, and other actions acceptable to the board. Grant | 1948 |
money shall not be used to construct or renovate buildings. | 1949 |
Partnerships may be developed between one or more nurse education | 1950 |
programs and one or more health care facilities. | 1951 |
In awarding grants, the board shall give preference to | 1952 |
partnerships between nurse education programs and hospitals, | 1953 |
nursing homes, and county homes or county nursing homes, but may | 1954 |
also award grants to fund partnerships between nurse education | 1955 |
programs and other health care facilities and between nurse | 1956 |
education programs and patient centered medical homes. | 1957 |
(C) The board shall adopt rules in accordance with Chapter | 1958 |
119. of the Revised Code establishing the following: | 1959 |
(1) Eligibility requirements for receipt of a grant; | 1960 |
(2) Grant application forms and procedures; | 1961 |
(3) The amounts in which grants may be made and the total | 1962 |
amount that may be awarded to a nurse education program that has a | 1963 |
partnership with other education programs, a community health | 1964 |
agency, | 1965 |
home; | 1966 |
(4) A method whereby the board may evaluate the effectiveness | 1967 |
of a partnership between joint recipients in increasing the nurse | 1968 |
education program's enrollment capacity; | 1969 |
(5) The percentage of the money in the fund that must remain | 1970 |
in the fund at all times to maintain a fiscally responsible fund | 1971 |
balance; | 1972 |
(6) The percentage of available grants to be awarded to | 1973 |
licensed practical nurse education programs, registered nurse | 1974 |
education programs, and graduate programs; | 1975 |
(7) Any other matters incidental to the operation of the | 1976 |
program. | 1977 |
(D) | 1978 |
1979 | |
collected under section 4723.08 of the Revised Code shall be | 1980 |
dedicated to the nurse education grant program fund, which is | 1981 |
hereby created in the state treasury. The board shall use money in | 1982 |
the fund for grants awarded under division (A) of this section and | 1983 |
for expenses of administering the grant program. The amount used | 1984 |
for administrative expenses in any year shall not exceed ten per | 1985 |
cent of the amount transferred to the fund in that year. | 1986 |
(E) Each quarter, for the purposes of transferring funds to | 1987 |
the nurse education grant program, the board of nursing shall | 1988 |
certify to the director of budget and management the number of | 1989 |
biennial licenses renewed under this chapter during the preceding | 1990 |
quarter and the amount equal to that number times ten dollars. | 1991 |
(F) Notwithstanding the requirements of section 4743.05 of | 1992 |
the Revised Code, from January 1, 2004, until December 31, | 1993 |
2023, at the end of each quarter, the director of budget and | 1994 |
management shall transfer from the occupational licensing and | 1995 |
regulatory fund to the nurse education grant program fund the | 1996 |
amount certified under division (E) of this section. | 1997 |
Sec. 4723.07. In accordance with Chapter 119. of the Revised | 1998 |
Code, the board of nursing shall adopt and may amend and rescind | 1999 |
rules that establish all of the following: | 2000 |
(A) Provisions for the board's government and control of its | 2001 |
actions and business affairs; | 2002 |
(B) Minimum | 2003 |
programs that prepare graduates to be licensed under this chapter | 2004 |
and procedures for granting, renewing, and withdrawing approval of | 2005 |
those programs; | 2006 |
(C) Criteria that applicants for licensure must meet to be | 2007 |
eligible to take examinations for licensure; | 2008 |
(D) Standards and procedures for renewal of the licenses and | 2009 |
certificates issued by the board; | 2010 |
(E) Standards for approval of continuing nursing education | 2011 |
programs and courses for registered nurses, licensed practical | 2012 |
nurses, certified registered nurse anesthetists, clinical nurse | 2013 |
specialists, certified nurse-midwives, and certified nurse | 2014 |
practitioners. The standards may provide for approval of | 2015 |
continuing nursing education programs and courses that have been | 2016 |
approved by other state boards of nursing or by national | 2017 |
accreditation systems for nursing, including, but not limited to, | 2018 |
the American nurses' credentialing center and the national | 2019 |
association for practical nurse education and service. | 2020 |
(F) Standards that persons must meet to be authorized by the | 2021 |
board to approve continuing | 2022 |
and a schedule by which that authorization expires and may be | 2023 |
renewed; | 2024 |
(G) Requirements, including continuing education | 2025 |
requirements, for | 2026 |
licenses | 2027 |
2028 | |
licenses | 2029 |
2030 |
(H) Conditions that may be imposed for reinstatement of a | 2031 |
2032 | |
2033 | |
3123.47, 4723.28, 4723.281, 4723.652, or 4723.86 of the Revised | 2034 |
Code resulting in a license or certificate suspension; | 2035 |
(I) | 2036 |
2037 | |
2038 |
| 2039 |
administration by licensed practical nurses; | 2040 |
| 2041 |
applicant for a license to practice nursing as a registered nurse | 2042 |
2043 | |
or a certificate of authority issued under division | 2044 |
section 4723.41 of the Revised Code | 2045 |
2046 | |
purpose of issuing the license or certificate by the board's | 2047 |
endorsement of the applicant's authority to practice issued by the | 2048 |
licensing agency of another state; | 2049 |
| 2050 |
that shall be used by each | 2051 |
licensee or | 2052 |
2053 | |
The rules shall define and establish requirements for universal | 2054 |
2055 | |
following: | 2056 |
(1) Appropriate use of hand washing; | 2057 |
(2) Disinfection and sterilization of equipment; | 2058 |
(3) Handling and disposal of needles and other sharp | 2059 |
instruments; | 2060 |
(4) Wearing and disposal of gloves and other protective | 2061 |
garments and devices. | 2062 |
| 2063 |
authority to practice nursing as a certified registered nurse | 2064 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 2065 |
or certified nurse practitioner, and for renewal of those | 2066 |
certificates; | 2067 |
| 2068 |
nurse anesthetists, clinical nurse specialists, certified | 2069 |
nurse-midwives, or certified nurse practitioners; | 2070 |
| 2071 |
required by section 4723.431 of the Revised Code entered into by a | 2072 |
clinical nurse specialist, certified nurse-midwife, or certified | 2073 |
nurse practitioner and the nurse's collaborating physician or | 2074 |
podiatrist; | 2075 |
| 2076 |
specialists who | 2077 |
to practice as a clinical nurse specialist under division (C) of | 2078 |
section 4723.41 of the Revised Code | 2079 |
2080 | |
time before the effective date of this amendment; | 2081 |
| 2082 |
the Revised Code, the actions, omissions, or other circumstances | 2083 |
that constitute failure to establish and maintain professional | 2084 |
boundaries with a patient. | 2085 |
The board may adopt other rules necessary to carry out the | 2086 |
provisions of this chapter. The rules shall be adopted in | 2087 |
accordance with Chapter 119. of the Revised Code. | 2088 |
Sec. 4723.08. (A) The board of nursing may impose fees not | 2089 |
to exceed the following limits: | 2090 |
(1) For application for licensure by examination to practice | 2091 |
nursing as a registered nurse or as a licensed practical nurse, | 2092 |
seventy-five dollars; | 2093 |
(2) For application for licensure by endorsement to practice | 2094 |
nursing as a registered nurse or as a licensed practical nurse, | 2095 |
seventy-five dollars; | 2096 |
(3) For application for a certificate of authority to | 2097 |
practice nursing as a certified registered nurse anesthetist, | 2098 |
clinical nurse specialist, certified nurse-midwife, or certified | 2099 |
nurse practitioner, one hundred dollars; | 2100 |
(4) For application for a temporary dialysis technician | 2101 |
certificate, the amount specified in rules adopted under section | 2102 |
4723.79 of the Revised Code; | 2103 |
(5) For application for a | 2104 |
certificate, the amount specified in rules adopted under section | 2105 |
4723.79 of the Revised Code; | 2106 |
(6) For application for a certificate to prescribe, fifty | 2107 |
dollars; | 2108 |
(7) For providing, pursuant to division (B) of section | 2109 |
4723.271 of the Revised Code, written verification of a nursing | 2110 |
license, certificate of authority, | 2111 |
dialysis technician certificate, medication aide certificate, or | 2112 |
community health worker certificate to another jurisdiction, | 2113 |
fifteen dollars; | 2114 |
(8) For providing, pursuant to division (A) of section | 2115 |
4723.271 of the Revised Code, a replacement copy of a | 2116 |
2117 | |
2118 | |
2119 | |
that division, twenty-five dollars; | 2120 |
(9) | 2121 |
2122 | |
2123 |
| 2124 |
2125 |
| 2126 |
2127 | |
2128 | |
2129 | |
2130 |
| 2131 |
to practice nursing as a certified registered nurse anesthetist, | 2132 |
clinical nurse specialist, certified nurse-midwife, or certified | 2133 |
nurse practitioner | 2134 |
eighty-five dollars; | 2135 |
| 2136 |
dollars; | 2137 |
| 2138 |
certificate, the amount specified in rules adopted under section | 2139 |
4723.79 of the Revised Code; | 2140 |
| 2141 |
nursing license, certificate of authority, or dialysis technician | 2142 |
certificate, fifty dollars; | 2143 |
| 2144 |
continuing | 2145 |
applicant accredited by a national accreditation system for | 2146 |
nursing, five hundred dollars; | 2147 |
| 2148 |
continuing | 2149 |
applicant not accredited by a national accreditation system for | 2150 |
nursing, one thousand dollars; | 2151 |
| 2152 |
continuing | 2153 |
hundred fifty dollars; | 2154 |
| 2155 |
training program, the amount specified in rules adopted under | 2156 |
section 4723.79 of the Revised Code; | 2157 |
| 2158 |
2159 | |
issued under this chapter, one hundred dollars except as provided | 2160 |
in section 5903.10 of the Revised Code; | 2161 |
| 2162 |
2163 | |
the verification is performed for purposes other than providing | 2164 |
verification to another jurisdiction, five dollars; | 2165 |
| 2166 |
financial institution | 2167 |
| 2168 |
2169 | |
2170 |
| 2171 |
2172 |
| 2173 |
4723.88 of the Revised Code pertaining to the issuance of | 2174 |
certificates to community health workers, including fees for | 2175 |
application for a certificate, | 2176 |
2177 | |
2178 | |
2179 | |
2180 | |
application for renewal of a certificate, reinstatement of a | 2181 |
lapsed certificate, application for approval of a community health | 2182 |
worker training program for community health workers, and biennial | 2183 |
renewal of the approval of a training program for community health | 2184 |
workers. | 2185 |
(B) Each quarter, for purposes of transferring funds under | 2186 |
section 4743.05 of the Revised Code to the nurse education | 2187 |
assistance fund created in section 3333.28 of the Revised Code, | 2188 |
the board of nursing shall certify to the director of budget and | 2189 |
management the number of biennial licenses renewed under this | 2190 |
chapter during the preceding quarter and the amount equal to that | 2191 |
number times five dollars. | 2192 |
(C) The board may charge a participant in a board-sponsored | 2193 |
continuing education activity an amount not exceeding fifteen | 2194 |
dollars for each activity. | 2195 |
(D) The board may contract for services pertaining to the | 2196 |
process of providing written verification of a | 2197 |
2198 | |
2199 | |
performed for purposes other than providing verification to | 2200 |
another jurisdiction. The contract may include provisions | 2201 |
pertaining to the collection of the fee charged for providing the | 2202 |
written verification. As part of these provisions, the board may | 2203 |
permit the contractor to retain a portion of the fees as | 2204 |
compensation, before any amounts are deposited into the state | 2205 |
treasury. | 2206 |
Sec. 4723.09. (A)(1) An application for licensure by | 2207 |
examination to practice as a registered nurse or as a licensed | 2208 |
practical nurse shall be submitted to the board of nursing in the | 2209 |
form prescribed by rules of the board. The application shall | 2210 |
include evidence that the applicant has completed | 2211 |
a nursing education program approved by the board | 2212 |
2213 | |
the Revised Code or by a board | 2214 |
another jurisdiction that is a member of the national council of | 2215 |
state boards of nursing. The application also shall include any | 2216 |
other information required by rules of the board. The application | 2217 |
shall be accompanied by the application fee required by section | 2218 |
4723.08 of the Revised Code. | 2219 |
(2) The board shall grant a license to practice nursing as a | 2220 |
registered nurse or as a licensed practical nurse if all of the | 2221 |
following apply: | 2222 |
(a) For all applicants, the applicant passes the examination | 2223 |
accepted by the board under section 4723.10 of the Revised Code. | 2224 |
(b) For an applicant who entered a prelicensure nursing | 2225 |
education program on or after June 1, 2003, the results of a | 2226 |
criminal records check | 2227 |
2228 | |
2229 | |
2230 | |
2231 | |
2232 | |
2233 | |
2234 | |
2235 | |
conducted in accordance with section 4723.091 of the Revised Code | 2236 |
demonstrate that the applicant is not ineligible for licensure as | 2237 |
specified in section 4723.092 of the Revised Code. | 2238 |
(c) For all applicants, the board determines that the | 2239 |
applicant has not committed any act that is grounds for | 2240 |
disciplinary action under section 3123.47 or 4723.28 of the | 2241 |
Revised Code or determines that an applicant who has committed any | 2242 |
act that is grounds for disciplinary action under either section | 2243 |
has made restitution or has been rehabilitated, or both. | 2244 |
(d) For all applicants, the applicant is not required to | 2245 |
register under Chapter 2950. of the Revised Code or a | 2246 |
substantially similar law of another state, the United States, or | 2247 |
another country. | 2248 |
(3) The board is not required to afford an adjudication to an | 2249 |
individual to whom it has refused to grant a license because of | 2250 |
that individual's failure to pass the examination. | 2251 |
(B)(1) An application for license by endorsement to practice | 2252 |
nursing as a registered nurse or as a licensed practical nurse | 2253 |
shall be submitted to the board in the form prescribed by rules of | 2254 |
the board | 2255 |
2256 | |
include evidence that the applicant holds a current, valid, and | 2257 |
unrestricted license | 2258 |
granted after passing an examination approved by the board of that | 2259 |
jurisdiction that is equivalent to the examination requirements | 2260 |
under this chapter for a license to practice nursing as a | 2261 |
registered nurse or licensed practical nurse | 2262 |
shall include any other information required by rules of the board | 2263 |
2264 | |
application fee required by section 4723.08 of the Revised Code. | 2265 |
(2) The board shall grant a license by endorsement to | 2266 |
practice nursing as a registered nurse or as a licensed practical | 2267 |
nurse if | 2268 |
2269 | |
2270 | |
the following apply: | 2271 |
| 2272 |
applicant | 2273 |
2274 | |
applicant has successfully completed a nursing education | 2275 |
2276 | |
section
| 2277 |
another jurisdiction that is a member of the national council of | 2278 |
state boards of nursing. | 2279 |
| 2280 |
successfully completed, is equivalent to the examination | 2281 |
requirements in effect at that time for applicants who were | 2282 |
licensed by examination in this state. | 2283 |
| 2284 |
sufficient evidence that the applicant completed two contact hours | 2285 |
of continuing education directly related to this chapter or the | 2286 |
rules adopted under it. | 2287 |
(d) For all applicants, the results of a criminal records | 2288 |
check | 2289 |
2290 | |
2291 | |
2292 | |
2293 | |
2294 | |
2295 | |
2296 | |
2297 | |
section 4723.091 of the Revised Code demonstrate that the | 2298 |
applicant is not ineligible for licensure as specified in section | 2299 |
4723.092 of the Revised Code. | 2300 |
| 2301 |
any act that is grounds for disciplinary action under section | 2302 |
3123.47 | 2303 |
determines that an applicant who has committed any act that is | 2304 |
grounds for disciplinary action under | 2305 |
has made restitution or has been rehabilitated, or both. | 2306 |
(f) For all applicants, the applicant is not required to | 2307 |
register under Chapter 2950. of the Revised Code, or a | 2308 |
substantially similar law of another state, the United States, or | 2309 |
another country. | 2310 |
(C) The board may grant a nonrenewable temporary permit to | 2311 |
practice nursing as a registered nurse or as a licensed practical | 2312 |
nurse to an applicant for license by endorsement if the board is | 2313 |
satisfied by the evidence that the applicant holds a current, | 2314 |
2315 | |
jurisdiction. Subject to earlier automatic termination as | 2316 |
described in this paragraph, the temporary permit shall expire at | 2317 |
the earlier of one hundred eighty days after issuance or upon the | 2318 |
issuance of a license by endorsement. The temporary permit shall | 2319 |
terminate automatically if the criminal records check completed by | 2320 |
the bureau of criminal identification and investigation as | 2321 |
described in | 2322 |
the applicant indicates that the applicant | 2323 |
2324 | |
2325 | |
2326 | |
2327 | |
2328 | |
for licensure as specified in section 4723.092 of the Revised | 2329 |
Code. An applicant whose temporary permit is automatically | 2330 |
terminated is permanently prohibited from obtaining a license to | 2331 |
practice nursing in this state as a registered nurse or as a | 2332 |
licensed practical nurse. | 2333 |
| 2334 |
2335 | |
2336 | |
2337 | |
2338 | |
2339 | |
2340 | |
2341 | |
2342 | |
2343 | |
2344 | |
2345 | |
2346 | |
2347 | |
2348 | |
2349 | |
2350 |
| 2351 |
2352 | |
2353 | |
2354 | |
2355 |
| 2356 |
2357 | |
2358 | |
2359 | |
2360 | |
2361 | |
2362 |
| 2363 |
2364 |
Sec. 4723.091. (A) An individual who applies for licensure | 2365 |
under section 4723.09 of the Revised Code; issuance of a | 2366 |
certificate under section 4723.651, 4723.75, 4723.76, or 4723.85 | 2367 |
of the Revised Code; reactivation of a license, under division (D) | 2368 |
of section 4723.24 of the Revised Code, that has been inactive for | 2369 |
at least five years; or reinstatement of a license, under division | 2370 |
(D) of section 4723.24 of the Revised Code, that has been expired | 2371 |
for at least five years shall submit a request to the bureau of | 2372 |
criminal identification and investigation for a criminal records | 2373 |
check of the applicant. The request shall be made in accordance | 2374 |
with section 109.572 of the Revised Code. | 2375 |
(B) An applicant requesting a criminal records check under | 2376 |
division (A) of this section shall also ask the superintendent of | 2377 |
the bureau of criminal identification and investigation to request | 2378 |
that the federal bureau of investigation send to the | 2379 |
superintendent any information the federal bureau of investigation | 2380 |
has with respect to the applicant. | 2381 |
(C) On receipt of all items required for the commencement of | 2382 |
a criminal records check pursuant to division (A) of this section, | 2383 |
the bureau of criminal identification and investigation shall | 2384 |
conduct a criminal records check of the applicant. On the | 2385 |
completion of the criminal records check, the bureau shall send | 2386 |
the results to the board of nursing. | 2387 |
(D) The results of a criminal records check conducted | 2388 |
pursuant to a request made under division (A) of this section, and | 2389 |
any report containing those results, are not public records for | 2390 |
purposes of section 149.43 of the Revised Code and shall not be | 2391 |
made available to any person or for any purpose other than the | 2392 |
following: | 2393 |
(1) The results may be made available to any person for use | 2394 |
in determining under section 4723.09, 4723.651, 4723.75, 4723.76, | 2395 |
or 4723.85 of the Revised Code whether the individual who is the | 2396 |
subject of the check should be granted a license or certificate | 2397 |
under this chapter or whether any temporary permit granted to the | 2398 |
individual under either of the following has terminated | 2399 |
automatically: | 2400 |
(a) Section 4723.09 of the Revised Code; | 2401 |
(b) Section 4723.76 of the Revised Code as that section | 2402 |
existed at any time before the effective date of this section. | 2403 |
(2) The results may be made available to any person for use | 2404 |
in determining under division (D) of section 4723.24 of the | 2405 |
Revised Code whether the individual who is the subject of the | 2406 |
check should have the individual's license or certificate | 2407 |
reactivated or reinstated. | 2408 |
(3) The results may be made available to any person for use | 2409 |
in determining under section 4723.28 of the Revised Code whether | 2410 |
the individual who is the subject of the check should be subject | 2411 |
to disciplinary action in accordance with that section. | 2412 |
(4) The results may be made available to the individual who | 2413 |
is the subject of the check or that individual's representative. | 2414 |
Sec. 4723.092. An individual is ineligible for licensure | 2415 |
under section 4723.09 of the Revised Code or issuance of a | 2416 |
certificate under section 4723.651, 4723.75, 4723.76, or 4723.85 | 2417 |
of the Revised Code if a criminal records check conducted in | 2418 |
accordance with section 4723.091 of the Revised Code indicates | 2419 |
that the individual has been convicted of, pleaded guilty to, or | 2420 |
had a judicial finding of guilt for either of the following: | 2421 |
(A) Violating section 2903.01, 2903.02, 2903.03, 2903.11, | 2422 |
2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 | 2423 |
of the Revised Code; | 2424 |
(B) Violating a law of another state, the United States, or | 2425 |
another country that is substantially similar to a law described | 2426 |
in division (A) of this section. | 2427 |
Sec. 4723.17. The board of nursing shall authorize a licensed | 2428 |
practical nurse to administer medications if the nurse supplies | 2429 |
evidence satisfactory to the board that either of the following is | 2430 |
the case: | 2431 |
(A) The nurse successfully completed, within a practical | 2432 |
nurse prelicensure education program approved by the board or by | 2433 |
another jurisdiction's agency that regulates the practice of | 2434 |
nursing, a course in basic pharmacology. | 2435 |
(B) The nurse successfully completed a postlicensure course | 2436 |
in basic pharmacology that is acceptable to the board. | 2437 |
| 2438 |
authorize a licensed practical nurse to administer to an adult | 2439 |
intravenous therapy | 2440 |
2441 | |
2442 | |
nurse | 2443 |
2444 | |
evidence satisfactory to the board that all of the following
| 2445 |
are the case: | 2446 |
(1) The nurse holds a current, valid license issued under | 2447 |
this chapter to practice nursing as a licensed practical nurse. | 2448 |
(2) The nurse has been authorized under section 4723.18 of | 2449 |
the Revised Code to administer medications. | 2450 |
(3) The nurse | 2451 |
2452 | |
performance of intravenous therapy approved by the board | 2453 |
2454 | |
2455 | |
2456 | |
2457 | |
2458 |
| 2459 |
| 2460 |
2461 | |
2462 |
| 2463 |
2464 | |
2465 | |
Revised Code or by an agency in another jurisdiction that | 2466 |
regulates the practice of nursing and has requirements for | 2467 |
intravenous therapy course approval that are substantially similar | 2468 |
to the requirements in division (B) of section 4723.19 of the | 2469 |
Revised Code, as determined by the board. | 2470 |
| 2471 |
forty hours of training that includes all of the following: | 2472 |
(a) The curriculum established by rules adopted by the board | 2473 |
2474 |
(b) Training in the anatomy and physiology of the | 2475 |
cardiovascular system, signs and symptoms of local and systemic | 2476 |
complications in the administration of fluids and antibiotic | 2477 |
additives, and guidelines for management of these complications; | 2478 |
(c) Any other training or instruction the board considers | 2479 |
appropriate | 2480 |
(d) A testing component that requires the nurse to perform a | 2481 |
successful demonstration of the intravenous procedures, including | 2482 |
all skills needed to perform them safely. | 2483 |
(B) Except as provided in section | 2484 |
Revised Code and subject to the restrictions in division (D) of | 2485 |
this section, a licensed practical nurse may perform intravenous | 2486 |
therapy on an adult patient only if authorized by the board | 2487 |
pursuant to division (A) of this section and only | 2488 |
2489 |
| 2490 |
2491 | |
2492 |
(1) A licensed physician, dentist, optometrist, or podiatrist | 2493 |
who, except as provided in division (C)(2) of this section, is | 2494 |
present and readily available at the facility where the | 2495 |
intravenous therapy procedure is performed; | 2496 |
(2) A registered nurse in accordance with division (C) of | 2497 |
this section. | 2498 |
(C)(1) Except as provided in division (C)(2) of this section | 2499 |
and section | 2500 |
practical nurse authorized by the board to perform intravenous | 2501 |
therapy performs an intravenous therapy procedure at the direction | 2502 |
of a registered nurse, the registered nurse or another registered | 2503 |
nurse shall be readily available at the site where the intravenous | 2504 |
therapy is performed, and before the licensed practical nurse | 2505 |
initiates the intravenous therapy, the registered nurse shall | 2506 |
personally perform an on-site assessment of the | 2507 |
patient who is to receive the intravenous therapy. | 2508 |
(2) When a licensed practical nurse authorized by the board | 2509 |
to perform intravenous therapy performs an intravenous therapy | 2510 |
procedure in a home as defined in section 3721.10 of the Revised | 2511 |
Code, or in an intermediate care facility for the mentally | 2512 |
retarded as defined in section 5111.20 of the Revised Code, at the | 2513 |
direction of a registered nurse or licensed physician, dentist, | 2514 |
optometrist, or podiatrist, a registered nurse shall be on the | 2515 |
premises of the home or facility or accessible by some form of | 2516 |
telecommunication. | 2517 |
(D) No licensed practical nurse shall perform any of the | 2518 |
following intravenous therapy procedures: | 2519 |
(1) Initiating or maintaining any of the following: | 2520 |
(a) Blood or blood components; | 2521 |
(b) Solutions for total parenteral nutrition; | 2522 |
(c) Any cancer therapeutic medication including, but not | 2523 |
limited to, cancer chemotherapy or an anti-neoplastic agent; | 2524 |
(d) Solutions administered through any central venous line or | 2525 |
arterial line or any other line that does not terminate in a | 2526 |
peripheral vein, except that a licensed practical nurse authorized | 2527 |
by the board to perform intravenous therapy may maintain the | 2528 |
solutions specified in division (D)(6)(a) of this section that are | 2529 |
being administered through a central venous line or peripherally | 2530 |
inserted central catheter; | 2531 |
(e) Any investigational or experimental medication. | 2532 |
(2) Initiating intravenous therapy in any vein, except that a | 2533 |
licensed practical nurse authorized by the board to perform | 2534 |
intravenous therapy may initiate intravenous therapy in accordance | 2535 |
with this section in a vein of the hand, forearm, or antecubital | 2536 |
fossa; | 2537 |
(3) Discontinuing a central venous, arterial, or any other | 2538 |
line that does not terminate in a peripheral vein; | 2539 |
(4) Initiating or discontinuing a peripherally inserted | 2540 |
central catheter; | 2541 |
(5) Mixing, preparing, or reconstituting any medication for | 2542 |
intravenous therapy, except that a licensed practical nurse | 2543 |
authorized by the board to perform intravenous therapy may prepare | 2544 |
or reconstitute an antibiotic additive; | 2545 |
(6) Administering medication via the intravenous route, | 2546 |
including all of the following activities: | 2547 |
(a) Adding medication to an intravenous solution or to an | 2548 |
existing infusion, except that a licensed practical nurse | 2549 |
authorized by the board to perform intravenous therapy may do | 2550 |
2551 |
(i) Initiate an intravenous infusion containing one or more | 2552 |
of the following elements: dextrose 5% | 2553 |
ringers | 2554 |
water | 2555 |
(ii) Hang subsequent containers of the intravenous solutions | 2556 |
specified in division (D)(6)(a)(i) of this section that contain | 2557 |
vitamins or electrolytes, if a registered nurse initiated the | 2558 |
infusion of that same intravenous solution | 2559 |
| 2560 |
2561 | |
2562 |
(iii) Initiate or maintain an intravenous | 2563 |
containing an antibiotic additive | 2564 |
| 2565 |
except that a licensed practical nurse authorized by the board to | 2566 |
perform intravenous therapy may inject heparin or normal saline to | 2567 |
flush an intermittent infusion device or heparin lock including, | 2568 |
but not limited to, bolus or push. | 2569 |
(7) | 2570 |
| 2571 |
to, an arterial line or a central venous line, except that a | 2572 |
licensed practical nurse authorized by the board to perform | 2573 |
intravenous therapy may change tubing on an intravenous line that | 2574 |
terminates in a peripheral vein; | 2575 |
| 2576 |
controlled infusion pump. | 2577 |
(E) Notwithstanding | 2578 |
section, at the direction of a physician or a registered nurse, a | 2579 |
licensed practical nurse authorized by the board to perform | 2580 |
intravenous therapy may perform the following activities for the | 2581 |
purpose of performing dialysis: | 2582 |
(1) The routine administration and regulation of saline | 2583 |
solution for the purpose of maintaining an established fluid plan; | 2584 |
(2) The administration of a heparin dose intravenously; | 2585 |
(3) The administration of a heparin dose peripherally via a | 2586 |
fistula needle; | 2587 |
(4) The loading and activation of a constant infusion pump | 2588 |
2589 |
(5) The intermittent injection of a dose of medication | 2590 |
2591 | |
administered via the hemodialysis blood circuit and through the | 2592 |
patient's venous access. | 2593 |
(F) No person shall employ or direct a licensed practical | 2594 |
nurse to perform an intravenous therapy procedure without first | 2595 |
verifying that the licensed practical nurse is authorized by the | 2596 |
board to perform intravenous therapy. | 2597 |
| 2598 |
2599 | |
2600 | |
2601 | |
2602 | |
2603 | |
2604 | |
2605 |
| 2606 |
perform on any person any of the intravenous therapy procedures | 2607 |
specified in division (B) of this section without receiving | 2608 |
authorization to perform intravenous therapy from the board of | 2609 |
nursing under section | 2610 |
of the following apply: | 2611 |
(1) The licensed practical nurse acts at the direction of a | 2612 |
registered nurse or a licensed physician, dentist, optometrist, or | 2613 |
podiatrist and the registered nurse, physician, dentist, | 2614 |
optometrist, or podiatrist is on the premises where the procedure | 2615 |
is to be performed or accessible by some form of | 2616 |
telecommunication. | 2617 |
(2) The licensed practical nurse can demonstrate the | 2618 |
knowledge, skills, and ability to perform the procedure safely. | 2619 |
(B) The intravenous therapy procedures that a licensed | 2620 |
practical nurse may perform pursuant to division (A) of this | 2621 |
section are limited to the following: | 2622 |
(1) Verification of the type of peripheral intravenous | 2623 |
solution being administered; | 2624 |
(2) Examination of a peripheral infusion site and the | 2625 |
extremity for possible infiltration; | 2626 |
(3) Regulation of a peripheral intravenous infusion according | 2627 |
to the prescribed flow rate; | 2628 |
(4) Discontinuation of a peripheral intravenous device at the | 2629 |
appropriate time; | 2630 |
(5) Performance of routine dressing changes at the insertion | 2631 |
site of a peripheral venous or arterial infusion, peripherally | 2632 |
inserted central catheter infusion, or central venous pressure | 2633 |
subclavian infusion. | 2634 |
Sec. 4723.19. (A) A person or government entity seeking | 2635 |
approval to provide a course of study in the safe performance of | 2636 |
intravenous therapy shall apply to the board of nursing in a | 2637 |
manner specified by the board. | 2638 |
(B) The board shall approve the applicant to provide a course | 2639 |
of study in the safe performance of intravenous therapy if the | 2640 |
content of the course of study to be provided includes all of the | 2641 |
following: | 2642 |
(1) Didactic and clinical components; | 2643 |
(2) Curriculum requirements established in rules the board | 2644 |
shall adopt in accordance with Chapter 119. of the Revised Code; | 2645 |
(3) Standards that require the nurse to perform a successful | 2646 |
demonstration of the intravenous procedures, including all skills | 2647 |
needed to perform them safely. | 2648 |
Sec. 4723.24. (A) | 2649 |
chapter, all active licenses and certificates issued under this | 2650 |
chapter shall be renewed biennially according to a schedule | 2651 |
established by the board of nursing. The board shall provide an | 2652 |
application for renewal to every holder of an active license or | 2653 |
certificate, except when the board is aware that an individual is | 2654 |
ineligible for license or certificate renewal for any reason, | 2655 |
including pending criminal charges in this state or another | 2656 |
jurisdiction, failure to comply with a disciplinary order from the | 2657 |
board or the terms of a consent agreement entered into with the | 2658 |
board, failure to pay fines or fees owed to the board, or failure | 2659 |
to provide on the board's request documentation of having | 2660 |
completed the continuing nursing education requirements specified | 2661 |
in division (C) of this section. | 2662 |
If the board provides a renewal application by mail, the | 2663 |
application shall be addressed to the last known post-office | 2664 |
address of the license or certificate holder and mailed before the | 2665 |
date specified in the board's schedule. Failure of the license or | 2666 |
certificate holder to receive an application for renewal from the | 2667 |
board shall not excuse the holder from the requirements contained | 2668 |
in this section, except as provided in section 5903.10 of the | 2669 |
Revised Code. | 2670 |
The license or certificate holder shall complete the renewal | 2671 |
form and return it to the | 2672 |
renewal fee required by section 4723.08 of the Revised Code on or | 2673 |
before the date specified by the board. The license or certificate | 2674 |
holder shall report any conviction, plea, or judicial finding | 2675 |
regarding a criminal offense that constitutes grounds for the | 2676 |
board to impose sanctions under section 4723.28 of the Revised | 2677 |
Code since the holder last submitted an application to the board. | 2678 |
| 2679 |
2680 | |
the board shall verify | 2681 |
renewal requirements | 2682 |
the board shall renew the license or certificate for the following | 2683 |
two-year period. | 2684 |
If a renewal application that meets the renewal requirements | 2685 |
is submitted after the date specified in the board's schedule, but | 2686 |
before expiration of the license or certificate, the board shall | 2687 |
grant a renewal upon payment of the late renewal fee authorized | 2688 |
under section 4723.08 of the Revised Code. | 2689 |
(B) Every license or certificate holder shall give written | 2690 |
notice to the board of any change of name or address within thirty | 2691 |
days of the change. The board shall require the holder to document | 2692 |
a change of name in a manner acceptable to the board. | 2693 |
(C)(1) Except in the case of a first renewal after licensure | 2694 |
by examination, to be eligible for renewal of an active license to | 2695 |
practice nursing as a registered nurse or licensed practical | 2696 |
nurse, each individual who holds an active license shall, in each | 2697 |
two-year period specified by the board, complete continuing | 2698 |
nursing education as follows: | 2699 |
(a) For renewal of a license that was issued for a two-year | 2700 |
renewal period, twenty-four hours of continuing nursing education; | 2701 |
(b) For renewal of a license that was issued for less than a | 2702 |
two-year renewal period, the number of hours of continuing nursing | 2703 |
education specified by the board in rules adopted in accordance | 2704 |
with Chapter 119. of the Revised Code; | 2705 |
(c) Of the hours of continuing nursing education completed in | 2706 |
any renewal period, at least one hour of the education must be | 2707 |
directly related to the statutes and rules pertaining to the | 2708 |
practice of nursing in this state. | 2709 |
(2) The board shall adopt rules establishing the procedure | 2710 |
for a license holder to certify to the board completion of the | 2711 |
required continuing nursing education. The board may conduct a | 2712 |
random sample of license holders and require that the license | 2713 |
holders included in the sample submit satisfactory documentation | 2714 |
of having completed the requirements for continuing nursing | 2715 |
education. On the board's request, a license holder included in | 2716 |
the sample shall submit the required documentation. | 2717 |
(3) An educational activity may be applied toward meeting the | 2718 |
continuing nursing education requirement only if it is obtained | 2719 |
through a program or course approved by the board or a person the | 2720 |
board has authorized to approve continuing nursing education | 2721 |
programs and courses. | 2722 |
(4) The continuing education required of a certified | 2723 |
registered nurse anesthetist, clinical nurse specialist, certified | 2724 |
nurse-midwife, or certified nurse practitioner to | 2725 |
maintain certification by a national certifying organization shall | 2726 |
be applied toward the continuing education requirements for | 2727 |
renewal of a license to practice nursing as a registered nurse | 2728 |
only if it is obtained through a program or course approved by the | 2729 |
board or a person the board has authorized to approve continuing | 2730 |
nursing education programs and courses. | 2731 |
(D) Except as otherwise provided in section 4723.28 of the | 2732 |
Revised Code, | 2733 |
to practice nursing as a registered nurse or licensed practical | 2734 |
nurse and who does not intend to practice in Ohio may send to the | 2735 |
board written notice to that effect on or before the renewal date, | 2736 |
and the board shall classify the license as inactive. During the | 2737 |
period that the license is classified as inactive, the holder may | 2738 |
not engage in the practice of nursing in Ohio and is not required | 2739 |
to pay the renewal fee. | 2740 |
The holder of an inactive license or an individual who has | 2741 |
failed to renew the individual's license may have the license | 2742 |
2743 | |
the following, as applicable to the holder or individual: | 2744 |
(1) Applying to the board for license reactivation or | 2745 |
reinstatement on forms provided by the board; | 2746 |
(2) Meeting the requirements for | 2747 |
reactivating or reinstating licenses established in rules adopted | 2748 |
under section 4723.07 of the Revised Code or, if the individual | 2749 |
did not renew because of service in the armed forces of the United | 2750 |
States, as provided in section 5903.10 of the Revised Code; | 2751 |
(3) If the license has been inactive for at least five years | 2752 |
from the date of application for reactivation or has lapsed for at | 2753 |
least five years from the date of application for reinstatement, | 2754 |
submitting a request to the bureau of criminal identification and | 2755 |
investigation for a criminal records check and check of federal | 2756 |
bureau of investigation records pursuant to section 4723.091 of | 2757 |
the Revised Code. | 2758 |
Sec. 4723.271. | 2759 |
nursing license, certificate of authority, dialysis technician | 2760 |
certificate, medication aide certificate, or community health | 2761 |
worker certificate issued under this chapter, the presentment of | 2762 |
proper identification as prescribed in rules adopted by the board | 2763 |
of nursing, and payment of the fee authorized under section | 2764 |
4723.08 of the Revised Code, the board of nursing shall provide to | 2765 |
the requestor a replacement copy of a
| 2766 |
2767 | |
2768 | |
2769 | |
2770 | |
2771 |
(B) Upon request of the holder of a nursing license, | 2772 |
certificate of authority, certificate to prescribe, dialysis | 2773 |
technician certificate, medication aide certificate, or community | 2774 |
health worker certificate issued under this chapter and payment of | 2775 |
the fee authorized under section 4723.08 of the Revised Code, the | 2776 |
board shall verify to an agency of another jurisdiction or foreign | 2777 |
country the fact that the person holds such nursing license, | 2778 |
certificate of authority, certificate to prescribe, dialysis | 2779 |
technician certificate, medication aide certificate, or community | 2780 |
health worker certificate. | 2781 |
Sec. 4723.28. (A) The board of nursing, by a vote of a | 2782 |
quorum, may | 2783 |
2784 | |
2785 | |
following sanctions if it finds that a person committed fraud in | 2786 |
passing an examination required to obtain | 2787 |
certificate of authority, or dialysis technician certificate | 2788 |
issued by the board or to have committed fraud, misrepresentation, | 2789 |
or deception in applying for or securing any nursing license, | 2790 |
certificate of authority, or dialysis technician certificate | 2791 |
issued by the board: deny, revoke, suspend, or place restrictions | 2792 |
on any nursing license, certificate of authority, or dialysis | 2793 |
technician certificate issued by the board; reprimand or otherwise | 2794 |
discipline a holder of a nursing license, certificate of | 2795 |
authority, or dialysis technician certificate; or impose a fine of | 2796 |
not more than five hundred dollars per violation. | 2797 |
(B) | 2798 |
nursing, by a vote of a quorum, may impose one or more of the | 2799 |
following sanctions: deny, revoke, suspend, or place restrictions | 2800 |
on any nursing license, certificate of authority, or dialysis | 2801 |
technician certificate issued by the board; reprimand or otherwise | 2802 |
discipline a holder of a nursing license, certificate of | 2803 |
authority, or dialysis technician certificate; or impose a fine of | 2804 |
not more than five hundred dollars per violation. The sanctions | 2805 |
may be imposed for any of the following: | 2806 |
(1) Denial, revocation, suspension, or restriction of | 2807 |
authority to engage in a licensed profession or practice a health | 2808 |
care occupation, including nursing or practice as a dialysis | 2809 |
technician, for any reason other than a failure to renew, in Ohio | 2810 |
or another state or jurisdiction; | 2811 |
(2) Engaging in the practice of nursing or engaging in | 2812 |
practice as a dialysis technician, having failed to renew a | 2813 |
nursing license or dialysis technician certificate issued under | 2814 |
this chapter, or while a nursing license or dialysis technician | 2815 |
certificate is under suspension; | 2816 |
(3) Conviction of, a plea of guilty to, a judicial finding of | 2817 |
guilt of, a judicial finding of guilt resulting from a plea of no | 2818 |
contest to, or a judicial finding of eligibility for a pretrial | 2819 |
diversion or similar program or for intervention in lieu of | 2820 |
conviction for, a misdemeanor committed in the course of practice; | 2821 |
(4) Conviction of, a plea of guilty to, a judicial finding of | 2822 |
guilt of, a judicial finding of guilt resulting from a plea of no | 2823 |
contest to, or a judicial finding of eligibility for a pretrial | 2824 |
diversion or similar program or for intervention in lieu of | 2825 |
conviction for, any felony or of any crime involving gross | 2826 |
immorality or moral turpitude; | 2827 |
(5) Selling, giving away, or administering drugs or | 2828 |
therapeutic devices for other than legal and legitimate | 2829 |
therapeutic purposes; or conviction of, a plea of guilty to, a | 2830 |
judicial finding of guilt of, a judicial finding of guilt | 2831 |
resulting from a plea of no contest to, or a judicial finding of | 2832 |
eligibility for a pretrial diversion or similar program or for | 2833 |
intervention in lieu of conviction for, violating any municipal, | 2834 |
state, county, or federal drug law; | 2835 |
(6) Conviction of, a plea of guilty to, a judicial finding of | 2836 |
guilt of, a judicial finding of guilt resulting from a plea of no | 2837 |
contest to, or a judicial finding of eligibility for a pretrial | 2838 |
diversion or similar program or for intervention in lieu of | 2839 |
conviction for, an act in another jurisdiction that would | 2840 |
constitute a felony or a crime of moral turpitude in Ohio; | 2841 |
(7) Conviction of, a plea of guilty to, a judicial finding of | 2842 |
guilt of, a judicial finding of guilt resulting from a plea of no | 2843 |
contest to, or a judicial finding of eligibility for a pretrial | 2844 |
diversion or similar program or for intervention in lieu of | 2845 |
conviction for, an act in the course of practice in another | 2846 |
jurisdiction that would constitute a misdemeanor in Ohio; | 2847 |
(8) Self-administering or otherwise taking into the body any | 2848 |
dangerous drug, as defined in section 4729.01 of the Revised Code, | 2849 |
in any way that is not in accordance with a legal, valid | 2850 |
prescription issued for that individual, or self-administering or | 2851 |
otherwise taking into the body any drug that is a schedule I | 2852 |
controlled substance; | 2853 |
(9) Habitual | 2854 |
substances, other habit-forming drugs, or alcohol or other | 2855 |
chemical substances to an extent that impairs | 2856 |
the individual's ability to provide safe nursing care or safe | 2857 |
dialysis care; | 2858 |
(10) Impairment of the ability to practice according to | 2859 |
acceptable and prevailing standards of safe nursing care or safe | 2860 |
dialysis care because of | 2861 |
alcohol, or other chemical substances | 2862 |
2863 |
(11) Impairment of the ability to practice according to | 2864 |
acceptable and prevailing standards of safe nursing care or safe | 2865 |
dialysis care because of a physical or mental disability; | 2866 |
(12) Assaulting or causing harm to a patient or depriving a | 2867 |
patient of the means to summon assistance; | 2868 |
(13) | 2869 |
attempted misappropriation of money or anything of value | 2870 |
2871 | |
of practice; | 2872 |
(14) Adjudication by a probate court of being mentally ill or | 2873 |
mentally incompetent. The board may | 2874 |
nursing license or dialysis technician certificate upon | 2875 |
adjudication by a probate court of the person's restoration to | 2876 |
competency or upon submission to the board of other proof of | 2877 |
competency. | 2878 |
(15) The suspension or termination of employment by the | 2879 |
department of defense or the veterans administration of the United | 2880 |
States for any act that violates or would violate this chapter; | 2881 |
(16) Violation of this chapter or any rules adopted under it; | 2882 |
(17) Violation of any restrictions placed by the board on a | 2883 |
nursing license or dialysis technician certificate | 2884 |
(18) Failure to use universal | 2885 |
precautions established by rules adopted under section 4723.07 of | 2886 |
the Revised Code; | 2887 |
(19) Failure to practice in accordance with acceptable and | 2888 |
prevailing standards of safe nursing care or safe dialysis care; | 2889 |
(20) In the case of a registered nurse, engaging in | 2890 |
activities that exceed the practice of nursing as a registered | 2891 |
nurse; | 2892 |
(21) In the case of a licensed practical nurse, engaging in | 2893 |
activities that exceed the practice of nursing as a licensed | 2894 |
practical nurse; | 2895 |
(22) In the case of a dialysis technician, engaging in | 2896 |
activities that exceed those permitted under section 4723.72 of | 2897 |
the Revised Code; | 2898 |
(23) Aiding and abetting a person in that person's practice | 2899 |
of nursing without a license or practice as a dialysis technician | 2900 |
without a certificate issued under this chapter; | 2901 |
(24) In the case of a certified registered nurse anesthetist, | 2902 |
clinical nurse specialist, certified nurse-midwife, or certified | 2903 |
nurse practitioner, except as provided in division (M) of this | 2904 |
section, either of the following: | 2905 |
(a) Waiving the payment of all or any part of a deductible or | 2906 |
copayment that a patient, pursuant to a health insurance or health | 2907 |
care policy, contract, or plan that covers such nursing services, | 2908 |
would otherwise be required to pay if the waiver is used as an | 2909 |
enticement to a patient or group of patients to receive health | 2910 |
care services from that provider; | 2911 |
(b) Advertising that the nurse will waive the payment of all | 2912 |
or any part of a deductible or copayment that a patient, pursuant | 2913 |
to a health insurance or health care policy, contract, or plan | 2914 |
that covers such nursing services, would otherwise be required to | 2915 |
pay. | 2916 |
(25) Failure to comply with the terms and conditions of | 2917 |
participation in the chemical dependency monitoring program | 2918 |
established under section 4723.35 of the Revised Code; | 2919 |
(26) Failure to comply with the terms and conditions required | 2920 |
under the practice intervention and improvement program | 2921 |
established under section 4723.282 of the Revised Code; | 2922 |
(27) In the case of a certified registered nurse anesthetist, | 2923 |
clinical nurse specialist, certified nurse-midwife, or certified | 2924 |
nurse practitioner: | 2925 |
(a) Engaging in activities that exceed those permitted for | 2926 |
the nurse's nursing specialty under section 4723.43 of the Revised | 2927 |
Code; | 2928 |
(b) Failure to meet the quality assurance standards | 2929 |
established under section 4723.07 of the Revised Code. | 2930 |
(28) In the case of a clinical nurse specialist, certified | 2931 |
nurse-midwife, or certified nurse practitioner, failure to | 2932 |
maintain a standard care arrangement in accordance with section | 2933 |
4723.431 of the Revised Code or to practice in accordance with the | 2934 |
standard care arrangement; | 2935 |
(29) In the case of a clinical nurse specialist, certified | 2936 |
nurse-midwife, or certified nurse practitioner who holds a | 2937 |
certificate to prescribe issued under section 4723.48 of the | 2938 |
Revised Code, failure to prescribe drugs and therapeutic devices | 2939 |
in accordance with section 4723.481 of the Revised Code; | 2940 |
(30) Prescribing any drug or device to perform or induce an | 2941 |
abortion, or otherwise performing or inducing an abortion; | 2942 |
(31) Failure to establish and maintain professional | 2943 |
boundaries with a patient, as specified in rules adopted under | 2944 |
section 4723.07 of the Revised Code; | 2945 |
(32) Regardless of whether the contact or verbal behavior is | 2946 |
consensual, engaging with a patient other than the spouse of the | 2947 |
registered nurse, licensed practical nurse, or dialysis technician | 2948 |
in any of the following: | 2949 |
(a) Sexual contact, as defined in section 2907.01 of the | 2950 |
Revised Code; | 2951 |
(b) Verbal behavior that is sexually demeaning to the patient | 2952 |
or may be reasonably interpreted by the patient as sexually | 2953 |
demeaning. | 2954 |
(33) Assisting suicide as defined in section 3795.01 of the | 2955 |
Revised Code. | 2956 |
(C) Disciplinary actions taken by the board under divisions | 2957 |
(A) and (B) of this section shall be taken pursuant to an | 2958 |
adjudication conducted under Chapter 119. of the Revised Code, | 2959 |
except that in lieu of a hearing, the board may enter into a | 2960 |
consent agreement with an individual to resolve an allegation of a | 2961 |
violation of this chapter or any rule adopted under it. A consent | 2962 |
agreement, when ratified by a vote of a quorum, shall constitute | 2963 |
the findings and order of the board with respect to the matter | 2964 |
addressed in the agreement. If the board refuses to ratify a | 2965 |
consent agreement, the admissions and findings contained in the | 2966 |
agreement shall be of no effect. | 2967 |
(D) The hearings of the board shall be conducted in | 2968 |
accordance with Chapter 119. of the Revised Code, the board may | 2969 |
appoint a hearing examiner, as provided in section 119.09 of the | 2970 |
Revised Code, to conduct any hearing the board is authorized to | 2971 |
hold under Chapter 119. of the Revised Code. | 2972 |
In any instance in which the board is required under Chapter | 2973 |
119. of the Revised Code to give notice of an opportunity for a | 2974 |
hearing and the applicant, licensee, or | 2975 |
does not make a timely request for a hearing in accordance with | 2976 |
section 119.07 of the Revised Code, the board is not required to | 2977 |
hold a hearing, but may adopt, by a vote of a quorum, a final | 2978 |
order that contains the board's findings. In the final order, the | 2979 |
board may order any of the sanctions listed in division (A) or (B) | 2980 |
of this section. | 2981 |
(E) If a criminal action is brought against a registered | 2982 |
nurse, licensed practical nurse, or dialysis technician for an act | 2983 |
or crime described in divisions (B)(3) to (7) of this section and | 2984 |
the action is dismissed by the trial court other than on the | 2985 |
merits, the board shall conduct an adjudication to determine | 2986 |
whether the registered nurse, licensed practical nurse, or | 2987 |
dialysis technician committed the act on which the action was | 2988 |
based. If the board determines on the basis of the adjudication | 2989 |
that the registered nurse, licensed practical nurse, or dialysis | 2990 |
technician committed the act, or if the registered nurse, licensed | 2991 |
practical nurse, or dialysis technician fails to participate in | 2992 |
the adjudication, the board may take action as though the | 2993 |
registered nurse, licensed practical nurse, or dialysis technician | 2994 |
had been convicted of the act. | 2995 |
If the board takes action on the basis of a conviction, plea, | 2996 |
or a judicial finding as described in divisions (B)(3) to (7) of | 2997 |
this section that is overturned on appeal, the registered nurse, | 2998 |
licensed practical nurse, or dialysis technician may, on | 2999 |
exhaustion of the appeal process, petition the board for | 3000 |
reconsideration of its action. On receipt of the petition and | 3001 |
supporting court documents, the board shall temporarily rescind | 3002 |
its action. If the board determines that the decision on appeal | 3003 |
was a decision on the merits, it shall permanently rescind its | 3004 |
action. If the board determines that the decision on appeal was | 3005 |
not a decision on the merits, it shall conduct an adjudication to | 3006 |
determine whether the registered nurse, licensed practical nurse, | 3007 |
or dialysis technician committed the act on which the original | 3008 |
conviction, plea, or judicial finding was based. If the board | 3009 |
determines on the basis of the adjudication that the registered | 3010 |
nurse, licensed practical nurse, or dialysis technician committed | 3011 |
such act, or if the registered nurse, licensed practical nurse, or | 3012 |
dialysis technician does not request an adjudication, the board | 3013 |
shall reinstate its action; otherwise, the board shall permanently | 3014 |
rescind its action. | 3015 |
Notwithstanding the provision of division (C)(2) of section | 3016 |
2953.32 of the Revised Code specifying that if records pertaining | 3017 |
to a criminal case are sealed under that section the proceedings | 3018 |
in the case shall be deemed not to have occurred, sealing of the | 3019 |
following records | 3020 |
action under this section shall have no effect on the board's | 3021 |
action or any sanction imposed by the board under this section: | 3022 |
records of any conviction, guilty plea, judicial finding of guilt | 3023 |
resulting from a plea of no contest, or a judicial finding of | 3024 |
eligibility for a pretrial diversion program or intervention in | 3025 |
lieu of conviction. | 3026 |
The board shall not be required to seal, destroy, redact, or | 3027 |
otherwise modify its records to reflect the court's sealing of | 3028 |
conviction records. | 3029 |
(F) The board may investigate an individual's criminal | 3030 |
background in performing its duties under this section. As part of | 3031 |
such investigation, the board may order the individual to submit, | 3032 |
at the individual's expense, a request to the bureau of criminal | 3033 |
identification and investigation for a criminal records check and | 3034 |
check of federal bureau of investigation records in accordance | 3035 |
with the procedure described in section 4723.091 of the Revised | 3036 |
Code. | 3037 |
(G) During the course of an investigation conducted under | 3038 |
this section, the board may compel any registered nurse, licensed | 3039 |
practical nurse, or dialysis technician or applicant under this | 3040 |
chapter to submit to a mental or physical examination, or both, as | 3041 |
required by the board and at the expense of the individual, if the | 3042 |
board finds reason to believe that the individual under | 3043 |
investigation may have a physical or mental impairment that may | 3044 |
affect the individual's ability to provide safe nursing care. | 3045 |
Failure of any individual to submit to a mental or physical | 3046 |
examination when directed constitutes an admission of the | 3047 |
allegations, unless the failure is due to circumstances beyond the | 3048 |
individual's control, and a default and final order may be entered | 3049 |
without the taking of testimony or presentation of evidence. | 3050 |
If the board finds that an individual is impaired, the board | 3051 |
shall require the individual to submit to care, counseling, or | 3052 |
treatment approved or designated by the board, as a condition for | 3053 |
initial, continued, reinstated, or renewed authority to practice. | 3054 |
The individual shall be afforded an opportunity to demonstrate to | 3055 |
the board that the individual can begin or resume the individual's | 3056 |
occupation in compliance with acceptable and prevailing standards | 3057 |
of care under the provisions of the individual's authority to | 3058 |
practice. | 3059 |
For purposes of this division, any registered nurse, licensed | 3060 |
practical nurse, or dialysis technician or applicant under this | 3061 |
chapter shall be deemed to have given consent to submit to a | 3062 |
mental or physical examination when directed to do so in writing | 3063 |
by the board, and to have waived all objections to the | 3064 |
admissibility of testimony or examination reports that constitute | 3065 |
a privileged communication. | 3066 |
(H) The board shall investigate evidence that appears to show | 3067 |
that any person has violated any provision of this chapter or any | 3068 |
rule of the board. Any person may report to the board any | 3069 |
information the person may have that appears to show a violation | 3070 |
of any provision of this chapter or rule of the board. In the | 3071 |
absence of bad faith, any person who reports such information or | 3072 |
who testifies before the board in any adjudication conducted under | 3073 |
Chapter 119. of the Revised Code shall not be liable for civil | 3074 |
damages as a result of the report or testimony. | 3075 |
(I) All of the following apply under this chapter with | 3076 |
respect to the confidentiality of information: | 3077 |
(1) Information received by the board pursuant to a complaint | 3078 |
or an investigation is confidential and not subject to discovery | 3079 |
in any civil action, except that the board may disclose | 3080 |
information to law enforcement officers and government entities | 3081 |
3082 | |
licensed health care professional, including a registered nurse, | 3083 |
licensed practical nurse, or dialysis technician, or a person who | 3084 |
may have engaged in the unauthorized practice of nursing or | 3085 |
dialysis care. No law enforcement officer or government entity | 3086 |
with knowledge of any information disclosed by the board pursuant | 3087 |
to this division shall divulge the information to any other person | 3088 |
or government entity except for the purpose of a government | 3089 |
investigation, a prosecution, or an adjudication by a court or | 3090 |
government entity. | 3091 |
(2) If an investigation requires a review of patient records, | 3092 |
the investigation and proceeding shall be conducted in such a | 3093 |
manner as to protect patient confidentiality. | 3094 |
(3) All adjudications and investigations of the board shall | 3095 |
be considered civil actions for the purposes of section 2305.252 | 3096 |
of the Revised Code. | 3097 |
(4) Any board activity that involves continued monitoring of | 3098 |
an individual as part of or following any disciplinary action | 3099 |
taken under this section shall be conducted in a manner that | 3100 |
maintains the individual's confidentiality. Information received | 3101 |
or maintained by the board with respect to the board's monitoring | 3102 |
activities is | 3103 |
civil action and is confidential, except that the board may | 3104 |
disclose information to law enforcement officers and government | 3105 |
entities for purposes of an investigation of a licensee or | 3106 |
certificate holder. | 3107 |
(J) Any action taken by the board under this section | 3108 |
resulting in a suspension from practice shall be accompanied by a | 3109 |
written statement of the conditions under which the person may be | 3110 |
reinstated to practice. | 3111 |
(K) When the board refuses to grant a license or certificate | 3112 |
to an applicant, revokes a license or certificate, or refuses to | 3113 |
reinstate a license or certificate, the board may specify that its | 3114 |
action is permanent. An individual subject to permanent action | 3115 |
taken by the board is forever ineligible to hold a license or | 3116 |
certificate of the type that was refused or revoked and the board | 3117 |
shall not accept from the individual an application for | 3118 |
reinstatement of the license or certificate or for a new license | 3119 |
or certificate. | 3120 |
(L) No unilateral surrender of a nursing license, certificate | 3121 |
of authority, or dialysis technician certificate issued under this | 3122 |
chapter shall be effective unless accepted by majority vote of the | 3123 |
board. No application for a nursing license, certificate of | 3124 |
authority, or dialysis technician certificate issued under this | 3125 |
chapter may be withdrawn without a majority vote of the board. The | 3126 |
board's jurisdiction to take disciplinary action under this | 3127 |
section is not removed or limited when an individual has a license | 3128 |
or certificate classified as inactive or fails to renew a license | 3129 |
or certificate. | 3130 |
(M) Sanctions shall not be imposed under division (B)(24) of | 3131 |
this section against any licensee who waives deductibles and | 3132 |
copayments as follows: | 3133 |
(1) In compliance with the health benefit plan that expressly | 3134 |
allows such a practice. Waiver of the deductibles or copayments | 3135 |
shall be made only with the full knowledge and consent of the plan | 3136 |
purchaser, payer, and third-party administrator. Documentation of | 3137 |
the consent shall be made available to the board upon request. | 3138 |
(2) For professional services rendered to any other person | 3139 |
licensed pursuant to this chapter to the extent allowed by this | 3140 |
chapter and the rules of the board. | 3141 |
| 3142 |
3143 | |
3144 | |
3145 | |
3146 | |
3147 | |
3148 | |
3149 | |
3150 | |
3151 | |
3152 |
| 3153 |
3154 | |
3155 | |
3156 | |
3157 | |
3158 | |
3159 | |
3160 | |
3161 | |
3162 | |
3163 | |
3164 | |
3165 | |
3166 |
| 3167 |
3168 | |
3169 | |
3170 | |
3171 | |
3172 | |
3173 |
| 3174 |
3175 | |
3176 | |
3177 | |
3178 | |
3179 | |
3180 | |
3181 | |
3182 | |
3183 |
Sec. 4723.32. This chapter does not prohibit any of the | 3184 |
following: | 3185 |
(A) The practice of nursing by a student currently enrolled | 3186 |
in and actively pursuing completion of a prelicensure nursing | 3187 |
education program, if all of the following are the case: | 3188 |
(1) The student is participating in a program located in this | 3189 |
state and approved by the board of nursing or participating in | 3190 |
this state in a component of a program located in another | 3191 |
jurisdiction and approved by a board that is a member of the | 3192 |
national council of state boards of nursing; | 3193 |
(2) The student's practice is under the auspices of the | 3194 |
program; | 3195 |
(3) The student acts under the supervision of a registered | 3196 |
nurse serving for the program as a faculty member or teaching | 3197 |
assistant. | 3198 |
(B) The rendering of medical assistance to a licensed | 3199 |
physician, licensed dentist, or licensed podiatrist by a person | 3200 |
under the direction, supervision, and control of such licensed | 3201 |
physician, dentist, or podiatrist; | 3202 |
(C) The activities of persons employed as nursing aides, | 3203 |
attendants, orderlies, or other auxiliary workers in patient | 3204 |
homes, nurseries, nursing homes, hospitals, home health agencies, | 3205 |
or other similar institutions; | 3206 |
(D) The provision of nursing services to family members or in | 3207 |
emergency situations; | 3208 |
(E) The care of the sick when done in connection with the | 3209 |
practice of religious tenets of any church and by or for its | 3210 |
members; | 3211 |
(F) The practice of nursing as a certified registered nurse | 3212 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 3213 |
or certified nurse practitioner by a student currently enrolled in | 3214 |
and actively pursuing completion of a program of study leading to | 3215 |
initial authorization by the board of nursing to practice nursing | 3216 |
in the specialty, if all of the following are the case: | 3217 |
(1) The program qualifies the student to sit for the | 3218 |
examination of a national certifying organization | 3219 |
3220 | |
by the board under section 4723.46 of the Revised Code or the | 3221 |
program prepares the student to receive a master's degree in | 3222 |
accordance with division (A)(2) of section 4723.41 of the Revised | 3223 |
Code; | 3224 |
(2) The student's practice is under the auspices of the | 3225 |
program; | 3226 |
(3) The student acts under the supervision of a registered | 3227 |
nurse serving for the program as a faculty member, teaching | 3228 |
assistant, or preceptor. | 3229 |
(G) The activities of an individual who currently holds a | 3230 |
license to practice nursing in another jurisdiction, if the | 3231 |
individual's license has not been revoked, the individual is not | 3232 |
currently under suspension or on probation, the individual does | 3233 |
not represent the individual as being licensed under this chapter, | 3234 |
and one of the following is the case: | 3235 |
(1) The individual is engaging in the practice of nursing by | 3236 |
discharging official duties while employed by or under contract | 3237 |
with the United States government or any agency thereof; | 3238 |
(2) The individual is engaging in the practice of nursing as | 3239 |
an employee of an individual, agency, or corporation located in | 3240 |
the other jurisdiction in a position with employment | 3241 |
responsibilities that include transporting patients into, out of, | 3242 |
or through this state, as long as each trip in this state does not | 3243 |
exceed seventy-two hours; | 3244 |
(3) The individual is consulting with an individual licensed | 3245 |
in this state to practice any health-related profession; | 3246 |
(4) The individual is engaging in activities associated with | 3247 |
teaching in this state as a guest lecturer at or for a nursing | 3248 |
education program, continuing nursing education program, or | 3249 |
in-service presentation; | 3250 |
(5) The individual is conducting evaluations of nursing care | 3251 |
that are undertaken on behalf of an accrediting organization, | 3252 |
including the national league for nursing accrediting committee, | 3253 |
the joint commission on accreditation of healthcare organizations, | 3254 |
or any other nationally recognized accrediting organization; | 3255 |
(6) The individual is providing nursing care to an individual | 3256 |
who is in this state on a temporary basis, not to exceed six | 3257 |
months in any one calendar year, if the nurse is directly employed | 3258 |
by or under contract with the individual or a guardian or other | 3259 |
person acting on the individual's behalf; | 3260 |
(7) The individual is providing nursing care during any | 3261 |
disaster, natural or otherwise, that has been officially declared | 3262 |
to be a disaster by a public announcement issued by an appropriate | 3263 |
federal, state, county, or municipal official. | 3264 |
(H) The administration of medication by an individual who | 3265 |
holds a valid medication aide certificate issued under this | 3266 |
chapter, if the medication is administered to a resident of a | 3267 |
nursing home or residential care facility authorized by section | 3268 |
3269 | |
medication aide and the medication is administered in accordance | 3270 |
with section 4723.67 of the Revised Code. | 3271 |
Sec. 4723.34. (A) | 3272 |
3273 |
| 3274 |
employs, or contracts directly or through another person or | 3275 |
governmental entity for the provision of services by, registered | 3276 |
nurses, licensed practical nurses, | 3277 |
medication aides, or certified community health workers and that | 3278 |
knows or has reason to believe that a current or former employee | 3279 |
or person providing services under a contract who holds a license | 3280 |
or certificate issued under this chapter engaged in conduct that | 3281 |
would be grounds for disciplinary action by the board of nursing | 3282 |
under this chapter or rules adopted under it shall report to the | 3283 |
board of nursing the name of | 3284 |
3285 | |
3286 | |
3287 | |
3288 | |
The report shall be made on the person's or governmental entity's | 3289 |
behalf by an individual licensed by the board who the person or | 3290 |
governmental entity has designated to make such reports. | 3291 |
| 3292 |
3293 | |
3294 | |
3295 | |
3296 | |
3297 |
| 3298 |
3299 | |
3300 | |
3301 | |
3302 |
| 3303 |
3304 | |
3305 | |
3306 | |
3307 | |
3308 | |
3309 | |
3310 | |
3311 | |
3312 | |
3313 |
| 3314 |
3315 | |
3316 | |
3317 | |
3318 | |
3319 | |
3320 | |
3321 | |
3322 | |
3323 |
| 3324 |
3325 | |
3326 | |
3327 | |
3328 | |
3329 | |
3330 | |
3331 | |
3332 |
| 3333 |
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a case | 3334 |
where the trial court issued an order of dismissal upon technical | 3335 |
or procedural grounds of a charge of a misdemeanor committed in | 3336 |
the course of practice, a felony charge, or a charge of gross | 3337 |
immorality or moral turpitude, who knows or has reason to believe | 3338 |
that the person charged is licensed under this chapter to practice | 3339 |
nursing as a registered nurse or as a licensed practical nurse or | 3340 |
holds a certificate issued under this chapter to practice as a | 3341 |
dialysis technician | 3342 |
nursing of the charge. With regard to certified community health | 3343 |
workers and medication aides, | 3344 |
involving a charge of a misdemeanor committed in the course of | 3345 |
employment, a felony charge, or a charge of gross immorality or | 3346 |
moral turpitude, including a case dismissed on technical or | 3347 |
procedural grounds, who knows or has reason to believe that the | 3348 |
person charged holds a community health worker or medication aide | 3349 |
certificate issued under this chapter | 3350 |
the board of the charge. | 3351 |
Each notification | 3352 |
shall be made on forms prescribed and provided by the board. The | 3353 |
report shall include the name and address of the license or | 3354 |
certificate holder, the charge, and the certified court documents | 3355 |
recording the action. | 3356 |
(B) If any person or governmental entity fails to provide a | 3357 |
report required by this section, the board may seek an order from | 3358 |
a court of competent jurisdiction compelling submission of the | 3359 |
report. | 3360 |
Sec. 4723.35. (A) As used in this section, "chemical | 3361 |
dependency" means either of the following: | 3362 |
(1) The chronic and habitual use of alcoholic beverages to | 3363 |
the extent that the user no longer can control the use of alcohol | 3364 |
or endangers the user's health, safety, or welfare or that of | 3365 |
others; | 3366 |
(2) The use of a controlled substance as defined in section | 3367 |
3719.01 of the Revised Code, a harmful intoxicant as defined in | 3368 |
section 2925.01 of the Revised Code, or a dangerous drug as | 3369 |
defined in section 4729.01 of the Revised Code, to the extent that | 3370 |
the user becomes physically or psychologically dependent on the | 3371 |
substance, intoxicant, or drug or endangers the user's health, | 3372 |
safety, or welfare or that of others. | 3373 |
(B) The board of nursing may abstain from taking disciplinary | 3374 |
action under section 4723.28 or 4723.86 of the Revised Code | 3375 |
against an individual with a chemical dependency if it finds that | 3376 |
the individual can be treated effectively and there is no | 3377 |
impairment of the individual's ability to practice according to | 3378 |
acceptable and prevailing standards of safe care. The board shall | 3379 |
establish a chemical dependency monitoring program to monitor the | 3380 |
registered nurses, licensed practical nurses, dialysis | 3381 |
technicians, and certified community health workers against whom | 3382 |
the board has abstained from taking action. The board shall | 3383 |
develop the program, select the program's name, and designate a | 3384 |
coordinator to administer the program. | 3385 |
(C) Determinations regarding an individual's eligibility for | 3386 |
admission to, continued participation in, and successful | 3387 |
completion of the monitoring program shall be made by the board's | 3388 |
supervising member for disciplinary matters in accordance with | 3389 |
rules adopted under division (D) of this section. | 3390 |
(D) The board shall adopt rules in accordance with Chapter | 3391 |
119. of the Revised Code that establish the following: | 3392 |
(1) Eligibility requirements for admission to and continued | 3393 |
participation in the monitoring program; | 3394 |
(2) Terms and conditions that must be met to participate in | 3395 |
and successfully complete the program; | 3396 |
(3) Procedures for keeping confidential records regarding | 3397 |
participants; | 3398 |
(4) Any other requirements or procedures necessary to | 3399 |
establish and administer the program. | 3400 |
| 3401 |
program, an individual shall surrender to the program coordinator | 3402 |
the license or certificate that the individual holds. While the | 3403 |
surrender is in effect, the individual is prohibited from engaging | 3404 |
in the practice of nursing, engaging in the provision of dialysis | 3405 |
care, or engaging in the provision of services that were being | 3406 |
provided as a certified community health worker. | 3407 |
If the | 3408 |
disciplinary matters determines that a participant is capable of | 3409 |
resuming practice according to acceptable and prevailing standards | 3410 |
of safe care, the program coordinator shall return the | 3411 |
participant's license or certificate. If the participant violates | 3412 |
the terms and conditions of resumed practice, the | 3413 |
coordinator shall require the participant to surrender the license | 3414 |
or certificate as a condition of continued participation in the | 3415 |
program. The coordinator may require the surrender only on the | 3416 |
approval of the board's supervising member for disciplinary | 3417 |
matters. | 3418 |
The surrender of a license or certificate on admission to the | 3419 |
monitoring program or while participating in the program does not | 3420 |
constitute an action by the board under section 4723.28 or 4723.86 | 3421 |
of the Revised Code. The participant may rescind the surrender at | 3422 |
any time and the board may proceed by taking action under section | 3423 |
4723.28 or 4723.86 of the Revised Code. | 3424 |
(2) If the program coordinator determines that a participant | 3425 |
is significantly out of compliance with the terms and conditions | 3426 |
for participation, the coordinator shall notify the board's | 3427 |
supervising member for disciplinary matters and the supervising | 3428 |
member shall determine whether to temporarily suspend the | 3429 |
participant's license or certificate. The | 3430 |
board shall notify the participant of the suspension by certified | 3431 |
mail sent to the participant's last known address and shall refer | 3432 |
the matter to the board for formal action under section 4723.28 or | 3433 |
4723.86 of the Revised Code. | 3434 |
| 3435 |
receipt, release, and maintenance of records and information by | 3436 |
the monitoring program: | 3437 |
(1) The program coordinator shall maintain all program | 3438 |
records in the board's office, and for each participant, shall | 3439 |
retain the records for a period of | 3440 |
participant's date of successful completion of the program. | 3441 |
(2) When applying to participate in the monitoring program, | 3442 |
the applicant shall sign a waiver permitting the | 3443 |
3444 | |
3445 | |
for admission. After being admitted, the participant shall sign a | 3446 |
waiver permitting the
| 3447 |
release information necessary to determine whether the individual | 3448 |
is eligible for continued participation in the program. | 3449 |
Information that may be necessary for the | 3450 |
board's supervising member for disciplinary matters to determine | 3451 |
eligibility for admission or continued participation in the | 3452 |
monitoring program includes, but is not limited to, information | 3453 |
provided to and by employers, probation officers, law enforcement | 3454 |
agencies, peer assistance programs, health professionals, and | 3455 |
treatment providers. No entity with knowledge that the information | 3456 |
has been provided to the monitoring program shall divulge that | 3457 |
knowledge to any other person. | 3458 |
(3) Except as provided in division | 3459 |
all records pertaining to an individual's application for or | 3460 |
participation in the monitoring program, including medical | 3461 |
records, treatment records, and mental health records, shall be | 3462 |
confidential. The records are not public records for the purposes | 3463 |
of section 149.43 of the Revised Code and are not subject to | 3464 |
discovery by subpoena or admissible as evidence in any judicial | 3465 |
proceeding. | 3466 |
(4) The | 3467 |
regarding a participant's progress in the program to any person or | 3468 |
government entity that the participant authorizes in writing to be | 3469 |
given the information. In disclosing information under this | 3470 |
division, the
| 3471 |
that is protected under section 3793.13 of the Revised Code or any | 3472 |
federal statute or regulation that provides for the | 3473 |
confidentiality of medical, mental health, or substance abuse | 3474 |
records. | 3475 |
| 3476 |
3477 | |
3478 | |
employees and representatives are not liable for damages in any | 3479 |
civil action as a result of disclosing information in accordance | 3480 |
with division
| 3481 |
or bad faith, any person reporting to the program with regard to | 3482 |
an individual's chemical dependence, or the progress or lack of | 3483 |
progress of that individual with regard to treatment, is not | 3484 |
liable for damages in any civil action as a result of the report. | 3485 |
Sec. 4723.41. (A) Each person who desires to practice | 3486 |
nursing as a certified nurse-midwife and has not been authorized | 3487 |
to practice midwifery prior to December 1, 1967, and each person | 3488 |
who desires to practice nursing as a certified registered nurse | 3489 |
anesthetist, clinical nurse specialist, or certified nurse | 3490 |
practitioner shall file with the board of nursing a written | 3491 |
application for authorization to practice nursing in the desired | 3492 |
specialty, under oath, on a form prescribed by the board. | 3493 |
Except as provided in | 3494 |
this section, at the time of making application, the applicant | 3495 |
shall meet all of the following requirements: | 3496 |
(1) Be a registered nurse; | 3497 |
(2) Submit documentation satisfactory to the board that the | 3498 |
applicant has earned a graduate degree with a major in a nursing | 3499 |
specialty or in a related field that qualifies the applicant to | 3500 |
sit for the certification examination of a national certifying | 3501 |
organization | 3502 |
by the board under section 4723.46 of the Revised Code; | 3503 |
(3) Submit documentation satisfactory to the board of having | 3504 |
passed the certification examination of | 3505 |
| 3506 |
3507 | |
3508 | |
3509 | |
3510 |
| 3511 |
3512 | |
3513 | |
3514 | |
3515 | |
3516 | |
3517 | |
3518 |
| 3519 |
3520 | |
3521 | |
3522 | |
3523 |
| 3524 |
3525 | |
3526 | |
3527 | |
national certifying organization approved by the board under | 3528 |
section 4723.46 of the Revised Code to examine and certify, as | 3529 |
applicable, nurse-midwives, registered nurse anesthetists, | 3530 |
clinical nurse specialists, or nurse practitioners | 3531 |
(4) Submit an affidavit with the application that states all | 3532 |
of the following: | 3533 |
(a) That the applicant is the person named in the documents | 3534 |
submitted under divisions (A)(2) and (3) of this section and is | 3535 |
the lawful possessor thereof; | 3536 |
(b) The applicant's age, residence, the school at which the | 3537 |
applicant obtained education in the applicant's nursing specialty, | 3538 |
and any other facts that the board requires; | 3539 |
(c) If the applicant is already engaged in the practice of | 3540 |
nursing as a certified registered nurse anesthetist, clinical | 3541 |
nurse specialist, certified nurse-midwife, or certified nurse | 3542 |
practitioner, the period during which and the place where the | 3543 |
applicant is engaged; | 3544 |
(d) If the applicant is already engaged in the practice of | 3545 |
nursing as a clinical nurse specialist, certified nurse-midwife, | 3546 |
or certified nurse practitioner, the names and business addresses | 3547 |
of the applicant's current collaborating physicians and | 3548 |
podiatrists. | 3549 |
3550 | |
3551 | |
3552 | |
3553 | |
3554 | |
3555 | |
3556 | |
3557 |
| 3558 |
3559 | |
3560 | |
3561 | |
3562 | |
3563 | |
3564 | |
3565 | |
3566 | |
3567 |
| 3568 |
3569 | |
3570 |
| 3571 |
3572 | |
3573 | |
3574 | |
3575 |
| 3576 |
3577 | |
3578 | |
3579 | |
3580 |
| 3581 |
3582 | |
3583 | |
3584 | |
3585 | |
3586 | |
3587 | |
3588 | |
3589 | |
3590 |
| 3591 |
nurse specialist, certified nurse-midwife, or certified nurse | 3592 |
practitioner who is practicing as such in another jurisdiction may | 3593 |
apply for a certificate of authority to practice nursing as a | 3594 |
certified registered nurse anesthetist, clinical nurse specialist, | 3595 |
certified nurse-midwife, or certified nurse practitioner in this | 3596 |
state if the nurse meets the requirements for a certificate of | 3597 |
authority set forth in division (A) of this section or division | 3598 |
(B)(2) of this section. | 3599 |
(2) If an applicant practicing in another jurisdiction | 3600 |
applies for a certificate of authority under division (B)(2) of | 3601 |
this section, the application shall be submitted to the board in | 3602 |
the form prescribed by rules of the board and be accompanied by | 3603 |
the application fee required by section 4723.08 of the Revised | 3604 |
Code. The application shall include evidence that the applicant | 3605 |
meets the requirements of division (B)(2) of this section, holds a | 3606 |
license or certificate to practice nursing as a certified | 3607 |
registered nurse anesthetist, clinical nurse specialist, certified | 3608 |
nurse-midwife, or certified nurse practitioner in good standing in | 3609 |
another jurisdiction granted after meeting requirements approved | 3610 |
by the entity of that jurisdiction that licenses nurses, and other | 3611 |
information required by rules of the board of nursing. | 3612 |
| 3613 |
certification requirements that an applicant under division (B)(2) | 3614 |
of this section must meet, both of the following apply: | 3615 |
(a) If the applicant is a certified registered nurse | 3616 |
anesthetist, certified nurse-midwife, or certified nurse | 3617 |
practitioner who, on or before December 31, 2000, | 3618 |
3619 | |
3620 | |
specialty with a national certifying organization listed in | 3621 |
division (A)(3) of section 4723.41 of the Revised Code as that | 3622 |
division existed prior to the effective date of this amendment or | 3623 |
that was at that time approved by the board under section 4723.46 | 3624 |
of the Revised Code, | 3625 |
applicant must have maintained the certification. The applicant is | 3626 |
not required to have earned a graduate degree with a major in a | 3627 |
nursing specialty or in a related field that qualifies the | 3628 |
applicant to sit for the certification examination. | 3629 |
(b) If the applicant is a clinical nurse specialist | 3630 |
3631 | |
3632 | |
of the following must apply to the applicant: | 3633 |
(i) On or before December 31, 2000, the applicant obtained a | 3634 |
graduate degree with a major in a clinical area of nursing from an | 3635 |
educational institution accredited by a national or regional | 3636 |
accrediting organization. The applicant is not required to have | 3637 |
passed a certification examination. | 3638 |
(ii) On or before December 31, 2000, the applicant obtained a | 3639 |
graduate degree in nursing or a related field and was certified as | 3640 |
a clinical nurse specialist by the American nurses credentialing | 3641 |
center or another national certifying organization that was at | 3642 |
that time approved by the board under section 4723.46 of the | 3643 |
Revised Code. | 3644 |
Sec. 4723.42. (A) If the applicant for authorization to | 3645 |
practice nursing as a certified registered nurse anesthetist, | 3646 |
clinical nurse specialist, certified nurse-midwife, or certified | 3647 |
nurse practitioner has met all the requirements of section 4723.41 | 3648 |
of the Revised Code and has paid the fee required by section | 3649 |
4723.08 of the Revised Code, the board of nursing shall issue its | 3650 |
certificate of authority to practice nursing as a certified | 3651 |
registered nurse anesthetist, clinical nurse specialist, certified | 3652 |
nurse-midwife, or certified nurse practitioner, which shall | 3653 |
designate the nursing specialty the nurse is authorized to | 3654 |
practice. The certificate entitles its holder to practice nursing | 3655 |
in the specialty designated on the certificate. | 3656 |
The board shall issue or deny its certificate not later than | 3657 |
sixty days after receiving all of the documents required by | 3658 |
section 4723.41 of the Revised Code. | 3659 |
If an applicant is under investigation for a violation of | 3660 |
this chapter, the board shall conclude the investigation not later | 3661 |
than ninety days after receipt of all required documents, unless | 3662 |
this ninety-day period is extended by written consent of the | 3663 |
applicant, or unless the board determines that a substantial | 3664 |
question of such a violation exists and the board has notified the | 3665 |
applicant in writing of the reasons for the continuation of the | 3666 |
investigation. If the board determines that the applicant has not | 3667 |
violated this chapter, it shall issue a certificate not later than | 3668 |
forty-five days after making that determination. | 3669 |
(B) Authorization to practice nursing as a certified | 3670 |
registered nurse anesthetist, clinical nurse specialist, certified | 3671 |
nurse-midwife, or certified nurse practitioner shall be renewed | 3672 |
biennially according to rules and a schedule adopted by the board. | 3673 |
In providing renewal applications to certificate holders, the | 3674 |
board shall follow the procedures it follows under section 4723.24 | 3675 |
of the Revised Code in providing renewal applications to license | 3676 |
holders. Failure of the certificate holder to receive an | 3677 |
application for renewal from the board does not excuse the holder | 3678 |
from the requirements of section 4723.44 of the Revised Code. | 3679 |
Not later than the date specified by the board, the holder | 3680 |
shall complete the renewal form and return it to the board with | 3681 |
all of the following: | 3682 |
(1) The renewal fee required by section 4723.08 of the | 3683 |
Revised Code; | 3684 |
(2) | 3685 |
3686 | |
holder has maintained certification in the nursing specialty with | 3687 |
a national certifying organization | 3688 |
3689 | |
section 4723.46 of the Revised Code; | 3690 |
(3) A list of the names and business addresses of the | 3691 |
holder's current collaborating physicians and podiatrists, if the | 3692 |
holder is a clinical nurse specialist, certified nurse-midwife, or | 3693 |
certified nurse practitioner; | 3694 |
(4) If the holder's certificate was issued under division (C) | 3695 |
of section 4723.41 of the Revised Code, as that division existed | 3696 |
at any time before the effective date of this amendment, | 3697 |
documentation satisfactory to the board that the holder has | 3698 |
completed continuing education for a clinical nurse specialist as | 3699 |
required by rule of the board | 3700 |
| 3701 |
3702 | |
3703 | |
3704 | |
3705 | |
3706 |
On receipt of the renewal application, fees, and documents, | 3707 |
the board shall verify that the applicant holds a current license | 3708 |
to practice nursing as a registered nurse in this state, and, if | 3709 |
it so verifies, shall renew the certificate. If an applicant | 3710 |
submits the completed renewal application after the date specified | 3711 |
in the board's schedule, but before the expiration of the | 3712 |
certificate, the board shall grant a renewal when the late renewal | 3713 |
fee required by section 4723.08 of the Revised Code is paid. | 3714 |
An applicant for reinstatement of an expired certificate | 3715 |
shall submit the reinstatement fee, renewal fee, and late renewal | 3716 |
fee required by section 4723.08 of the Revised Code. Any holder of | 3717 |
a certificate who desires inactive status shall give the board | 3718 |
written notice to that effect. | 3719 |
| 3720 |
3721 | |
3722 | |
3723 | |
3724 | |
3725 |
Sec. 4723.43. A certified registered nurse anesthetist, | 3726 |
clinical nurse specialist, certified nurse-midwife, or certified | 3727 |
nurse practitioner may provide to individuals and groups nursing | 3728 |
care that requires knowledge and skill obtained from advanced | 3729 |
formal education and clinical experience. In this capacity as an | 3730 |
advanced practice registered nurse, a certified nurse-midwife is | 3731 |
subject to division (A) of this section, a certified registered | 3732 |
nurse anesthetist is subject to division (B) of this section, a | 3733 |
certified nurse practitioner is subject to division (C) of this | 3734 |
section, and a clinical nurse specialist is subject to division | 3735 |
(D) of this section. | 3736 |
(A) A nurse authorized to practice as a certified | 3737 |
nurse-midwife, in collaboration with one or more physicians, may | 3738 |
provide the management of preventive services and those primary | 3739 |
care services necessary to provide health care to women | 3740 |
antepartally, intrapartally, postpartally, and gynecologically, | 3741 |
consistent with the nurse's education and certification, and in | 3742 |
accordance with rules adopted by the board of nursing. | 3743 |
No certified nurse-midwife may perform version, deliver | 3744 |
breech or face presentation, use forceps, do any obstetric | 3745 |
operation, or treat any other abnormal condition, except in | 3746 |
emergencies. Division (A) of this section does not prohibit a | 3747 |
certified nurse-midwife from performing episiotomies or normal | 3748 |
vaginal deliveries, or repairing vaginal tears. A certified | 3749 |
nurse-midwife who holds a certificate to prescribe issued under | 3750 |
section 4723.48 of the Revised Code may, in collaboration with one | 3751 |
or more physicians, prescribe drugs and therapeutic devices in | 3752 |
accordance with section 4723.481 of the Revised Code. | 3753 |
(B) A nurse authorized to practice as a certified registered | 3754 |
nurse anesthetist, with the supervision and in the immediate | 3755 |
presence of a physician, podiatrist, or dentist, may administer | 3756 |
anesthesia and perform anesthesia induction, maintenance, and | 3757 |
emergence, and may perform with supervision preanesthetic | 3758 |
preparation and evaluation, postanesthesia care, and clinical | 3759 |
support functions, consistent with the nurse's education and | 3760 |
certification, and in accordance with rules adopted by the board. | 3761 |
A certified registered nurse anesthetist is not required to obtain | 3762 |
a certificate to prescribe in order to provide the anesthesia care | 3763 |
described in this division. | 3764 |
The physician, podiatrist, or dentist supervising a certified | 3765 |
registered nurse anesthetist must be actively engaged in practice | 3766 |
in this state. When a certified registered nurse anesthetist is | 3767 |
supervised by a podiatrist, the nurse's scope of practice is | 3768 |
limited to the anesthesia procedures that the podiatrist has the | 3769 |
authority under section 4731.51 of the Revised Code to perform. A | 3770 |
certified registered nurse anesthetist may not administer general | 3771 |
anesthesia under the supervision of a podiatrist in a podiatrist's | 3772 |
office. When a certified registered nurse anesthetist is | 3773 |
supervised by a dentist, the nurse's scope of practice is limited | 3774 |
to the anesthesia procedures that the dentist has the authority | 3775 |
under Chapter 4715. of the Revised Code to perform. | 3776 |
(C) A nurse authorized to practice as a certified nurse | 3777 |
practitioner, in collaboration with one or more physicians or | 3778 |
podiatrists, may provide preventive and primary care services, | 3779 |
provide services for acute illnesses, and evaluate and promote | 3780 |
patient wellness within the nurse's nursing specialty, consistent | 3781 |
with the nurse's education and certification, and in accordance | 3782 |
with rules adopted by the board. A certified nurse practitioner | 3783 |
who holds a certificate to prescribe issued under section 4723.48 | 3784 |
of the Revised Code may, in collaboration with one or more | 3785 |
physicians or podiatrists, prescribe drugs and therapeutic devices | 3786 |
in accordance with section 4723.481 of the Revised Code. | 3787 |
When a certified nurse practitioner is collaborating with a | 3788 |
podiatrist, the nurse's scope of practice is limited to the | 3789 |
procedures that the podiatrist has the authority under section | 3790 |
4731.51 of the Revised Code to perform. | 3791 |
(D) A nurse authorized to practice as a clinical nurse | 3792 |
specialist, in collaboration with one or more physicians or | 3793 |
podiatrists, may provide and manage the care of individuals and | 3794 |
groups with complex health problems and provide health care | 3795 |
services that promote, improve, and manage health care within the | 3796 |
nurse's nursing specialty, consistent with the nurse's education | 3797 |
and in accordance with rules adopted by the board. A clinical | 3798 |
nurse specialist who holds a certificate to prescribe issued under | 3799 |
section 4723.48 of the Revised Code may, in collaboration with one | 3800 |
or more physicians or podiatrists, prescribe drugs and therapeutic | 3801 |
devices in accordance with section 4723.481 of the Revised Code. | 3802 |
When a clinical nurse specialist is collaborating with a | 3803 |
podiatrist, the nurse's scope of practice is limited to the | 3804 |
procedures that the podiatrist has the authority under section | 3805 |
4731.51 of the Revised Code to perform. | 3806 |
Sec. 4723.431. (A) Except as provided in division (D)(1) of | 3807 |
this section, a clinical nurse specialist, certified | 3808 |
nurse-midwife, or certified nurse practitioner may practice only | 3809 |
in accordance with a standard care arrangement entered into with | 3810 |
each physician or podiatrist with whom the nurse collaborates. A | 3811 |
copy of the standard care arrangement shall be retained on file at | 3812 |
each site where the nurse practices. Prior approval of the | 3813 |
standard care arrangement by the board of nursing is not required, | 3814 |
but the board may periodically review it for compliance with this | 3815 |
section. | 3816 |
A clinical nurse specialist, certified nurse-midwife, or | 3817 |
certified nurse practitioner may enter into a standard care | 3818 |
arrangement with one or more collaborating physicians or | 3819 |
podiatrists. | 3820 |
in the practice of nursing as a clinical nurse specialist, | 3821 |
certified nurse-midwife, or certified nurse practitioner, the | 3822 |
nurse shall submit to the board the name and business address of | 3823 |
each collaborating physician or podiatrist. Thereafter, the nurse | 3824 |
shall give to the board written notice of any additions or | 3825 |
deletions to the nurse's collaborating physicians or podiatrists | 3826 |
not later than thirty days after the change takes effect. | 3827 |
Each collaborating physician or podiatrist must be actively | 3828 |
engaged in direct clinical practice in this state and practicing | 3829 |
in a specialty that is the same as or similar to the nurse's | 3830 |
nursing specialty. If a collaborating physician or podiatrist | 3831 |
enters into standard care arrangements with more than three nurses | 3832 |
who hold certificates to prescribe issued under section 4723.48 of | 3833 |
the Revised Code, the physician or podiatrist shall not | 3834 |
collaborate at the same time with more than three of the nurses in | 3835 |
the prescribing component of their practices. | 3836 |
(B) A standard care arrangement shall be in writing and, | 3837 |
except as provided in division (D)(2) of this section, shall | 3838 |
contain all of the following: | 3839 |
(1) Criteria for referral of a patient by the clinical nurse | 3840 |
specialist, certified nurse-midwife, or certified nurse | 3841 |
practitioner to a collaborating physician or podiatrist; | 3842 |
(2) A process for the clinical nurse specialist, certified | 3843 |
nurse-midwife, or certified nurse practitioner to obtain a | 3844 |
consultation with a collaborating physician or podiatrist; | 3845 |
(3) A plan for coverage in instances of emergency or planned | 3846 |
absences of either the clinical nurse specialist, certified | 3847 |
nurse-midwife, or certified nurse practitioner or a collaborating | 3848 |
physician or podiatrist that provides the means whereby a | 3849 |
physician or podiatrist is available for emergency care; | 3850 |
(4) The process for resolution of disagreements regarding | 3851 |
matters of patient management between the clinical nurse | 3852 |
specialist, certified nurse-midwife, or certified nurse | 3853 |
practitioner and a collaborating physician or podiatrist; | 3854 |
(5) A procedure for a regular review of the referrals by the | 3855 |
clinical nurse specialist, certified nurse-midwife, or certified | 3856 |
nurse practitioner to other health care professionals and the care | 3857 |
outcomes for a random sample of all patients seen by the nurse; | 3858 |
(6) If the clinical nurse specialist or certified nurse | 3859 |
practitioner regularly provides services to infants, a policy for | 3860 |
care of infants up to age one and recommendations for | 3861 |
collaborating physician visits for children from birth to age | 3862 |
three; | 3863 |
(7) Any other criteria required by rule of the board adopted | 3864 |
pursuant to section 4723.07 or 4723.50 of the Revised Code. | 3865 |
(C) A standard care arrangement entered into pursuant to this | 3866 |
section may permit a clinical nurse specialist, certified | 3867 |
nurse-midwife, or certified nurse practitioner to supervise | 3868 |
services provided by a home health agency as defined in section | 3869 |
3701.881 of the Revised Code. | 3870 |
(D)(1) A clinical nurse specialist who does not hold a | 3871 |
certificate to prescribe and whose nursing specialty is mental | 3872 |
health or psychiatric mental health, as determined by the board, | 3873 |
is not required to enter into a standard care arrangement, but | 3874 |
shall practice in collaboration with one or more physicians. | 3875 |
(2) If a clinical nurse specialist practicing in either of | 3876 |
the specialties specified in division (D)(1) of this section holds | 3877 |
a certificate to prescribe, the nurse shall enter into a standard | 3878 |
care arrangement with one or more physicians. The standard care | 3879 |
arrangement must meet the requirements of division (B) of this | 3880 |
section, but only to the extent necessary to address the | 3881 |
prescribing component of the nurse's practice. | 3882 |
(E) Nothing in this section prohibits a hospital from hiring | 3883 |
a clinical nurse specialist, certified nurse-midwife, or certified | 3884 |
nurse practitioner as an employee and negotiating standard care | 3885 |
arrangements on behalf of the employee as necessary to meet the | 3886 |
requirements of this section. A standard care arrangement between | 3887 |
the hospital's employee and the employee's collaborating physician | 3888 |
is subject to approval by the medical staff and governing body of | 3889 |
the hospital prior to implementation of the arrangement at the | 3890 |
hospital. | 3891 |
Sec. 4723.44. (A) No person shall do any of the following | 3892 |
unless the person holds a current, valid certificate of authority | 3893 |
to practice nursing as a certified registered nurse anesthetist, | 3894 |
clinical nurse specialist, certified nurse-midwife, or certified | 3895 |
nurse practitioner issued by the board of nursing under this | 3896 |
chapter: | 3897 |
(1) Engage in the practice of nursing as a certified | 3898 |
registered nurse anesthetist, clinical nurse specialist, certified | 3899 |
nurse-midwife, or certified nurse practitioner for a fee, salary, | 3900 |
or other consideration, or as a volunteer; | 3901 |
(2) Represent the person as being a certified registered | 3902 |
nurse anesthetist, clinical nurse specialist, certified | 3903 |
nurse-midwife, or certified nurse practitioner; | 3904 |
(3) Use any title or initials implying that the person is a | 3905 |
certified registered nurse anesthetist, clinical nurse specialist, | 3906 |
certified nurse-midwife, or certified nurse practitioner; | 3907 |
(4) Represent the person as being an advanced practice | 3908 |
registered nurse; | 3909 |
(5) Use any title or initials implying that the person is an | 3910 |
advanced practice registered nurse. | 3911 |
(B) No person who is not certified by the national council on | 3912 |
certification of nurse anesthetists of the American association of | 3913 |
nurse anesthetists, the national council on recertification of | 3914 |
nurse anesthetists of the American association of nurse | 3915 |
anesthetists, or another national certifying organization approved | 3916 |
by the board under section 4723.46 of the Revised Code shall use | 3917 |
the title "certified registered nurse anesthetist" or the initials | 3918 |
"C.R.N.A.," or any other title or initial implying that the person | 3919 |
has been certified by the council or organization. | 3920 |
(C) No certified registered nurse anesthetist, clinical nurse | 3921 |
specialist, certified nurse-midwife, or certified nurse | 3922 |
practitioner shall do any of the following: | 3923 |
(1) Engage, for a fee, salary, or other consideration, or as | 3924 |
a volunteer, in the practice of a nursing specialty other than the | 3925 |
specialty designated on the nurse's current, valid certificate of | 3926 |
authority issued by the board under this chapter; | 3927 |
(2) Represent the person as being authorized to practice any | 3928 |
nursing specialty other than the specialty designated on the | 3929 |
current, valid certificate of authority; | 3930 |
(3) Use the title "certified registered nurse anesthetist" or | 3931 |
the initials "N.A." or "C.R.N.A.," the title "clinical nurse | 3932 |
specialist" or the initials "C.N.S.," the title "certified | 3933 |
nurse-midwife" or the initials "C.N.M.," the title "certified | 3934 |
nurse practitioner" or the initials "C.N.P.," the title "advanced | 3935 |
practice registered nurse" or the initials "A.P.R.N.," or any | 3936 |
other title or initials implying that the nurse is authorized to | 3937 |
practice any nursing specialty other than the specialty designated | 3938 |
on the nurse's current, valid certificate of authority; | 3939 |
(4) Enter into a standard care arrangement with a physician | 3940 |
or podiatrist whose practice is not the same as or similar to the | 3941 |
nurse's nursing specialty; | 3942 |
(5) Prescribe drugs or therapeutic devices unless the nurse | 3943 |
holds a current, valid certificate to prescribe issued under | 3944 |
section 4723.48 of the Revised Code; | 3945 |
(6) Prescribe drugs or therapeutic devices under a | 3946 |
certificate to prescribe in a manner that does not comply with | 3947 |
section 4723.481 of the Revised Code; | 3948 |
(7) Prescribe any drug or device to perform or induce an | 3949 |
abortion, or otherwise | 3950 |
(D) No person shall knowingly employ a person to engage in | 3951 |
the practice of nursing as a certified registered nurse | 3952 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 3953 |
or certified nurse practitioner unless the person so employed | 3954 |
holds a current, valid certificate of authority to engage in that | 3955 |
nursing specialty issued by the board under this chapter. | 3956 |
(E) A certificate certified by the executive director of the | 3957 |
board, under the official seal of the board, to the effect that it | 3958 |
appears from the records that no certificate of authority to | 3959 |
practice nursing as a certified registered nurse anesthetist, | 3960 |
clinical nurse specialist, certified nurse-midwife, or certified | 3961 |
nurse practitioner has been issued to any person specified | 3962 |
therein, or that a certificate, if issued, has been revoked or | 3963 |
suspended, shall be received as prima-facie evidence of the record | 3964 |
in any court or before any officer of the state. | 3965 |
Sec. 4723.48. (A) A clinical nurse specialist, certified | 3966 |
nurse-midwife, or certified nurse practitioner seeking authority | 3967 |
to prescribe drugs and therapeutic devices shall file with the | 3968 |
board of nursing a written application for a certificate to | 3969 |
prescribe. The board of nursing shall issue a certificate to | 3970 |
prescribe to each applicant who meets the requirements specified | 3971 |
in section 4723.482 or 4723.485 of the Revised Code. | 3972 |
Except as provided in division (B) of this section, the | 3973 |
initial certificate to prescribe that the board issues to an | 3974 |
applicant shall be issued as an externship certificate. Under an | 3975 |
externship certificate, the nurse may obtain experience in | 3976 |
prescribing drugs and therapeutic devices by participating in an | 3977 |
externship that evaluates the nurse's competence, knowledge, and | 3978 |
skill in pharmacokinetic principles and their clinical application | 3979 |
to the specialty being practiced. During the externship, the nurse | 3980 |
may prescribe drugs and therapeutic devices only when one or more | 3981 |
physicians are providing supervision in accordance with rules | 3982 |
adopted under section 4723.50 of the Revised Code. | 3983 |
After completing the externship, the holder of an externship | 3984 |
certificate may apply for a new certificate to prescribe. On | 3985 |
receipt of the new certificate, the nurse may prescribe drugs and | 3986 |
therapeutic devices in collaboration with one or more physicians | 3987 |
or podiatrists. | 3988 |
(B) In | 3989 |
3990 | |
3991 | |
3992 | |
3993 | |
3994 | |
3995 | |
3996 | |
3997 |
| 3998 |
division (C) of section 4723.482 of the Revised Code, the initial | 3999 |
certificate to prescribe that the board issues to the applicant | 4000 |
under this section shall not be an externship certificate. The | 4001 |
applicant shall be issued a certificate to prescribe that permits | 4002 |
the recipient to prescribe drugs and therapeutic devices in | 4003 |
collaboration with one or more physicians or podiatrists. | 4004 |
Sec. 4723.482. (A) Except as provided in divisions (C) and | 4005 |
(D) of this section, an applicant shall include with the | 4006 |
application submitted under section 4723.48 of the Revised Code | 4007 |
all of the following: | 4008 |
(1) | 4009 |
Evidence of holding a current, valid certificate of authority | 4010 |
4011 | |
specialist, certified nurse-midwife, or certified nurse | 4012 |
practitioner that was issued by meeting the requirements of | 4013 |
division (A) of section 4723.41 of the Revised Code; | 4014 |
(2) Evidence of successfully completing the course of study | 4015 |
in advanced pharmacology and related topics in accordance with the | 4016 |
requirements specified in division (B) of this section; | 4017 |
(3) The fee required by section 4723.08 of the Revised Code | 4018 |
for a certificate to prescribe; | 4019 |
(4) Any additional information the board of nursing requires | 4020 |
pursuant to rules adopted under section 4723.50 of the Revised | 4021 |
Code. | 4022 |
(B) With respect to the course of study in advanced | 4023 |
pharmacology and related topics that must be successfully | 4024 |
completed to obtain a certificate to prescribe, all of the | 4025 |
following requirements apply: | 4026 |
(1) The course of study shall be completed not longer than | 4027 |
three years before the application for the certificate to | 4028 |
prescribe is filed. | 4029 |
(2) The course of study shall consist of planned classroom | 4030 |
and clinical instruction for a total of not less than forty-five | 4031 |
contact hours. | 4032 |
(3) The course of study shall meet the requirements to be | 4033 |
approved by the board in accordance with standards established in | 4034 |
rules adopted under section 4723.50 of the Revised Code. | 4035 |
(4) The content of the course of study shall be specific to | 4036 |
the applicant's nursing specialty. | 4037 |
(5) The instruction provided in the course of study shall | 4038 |
include all of the following: | 4039 |
(a) A minimum of thirty-six contact hours of instruction in | 4040 |
advanced pharmacology that includes pharmacokinetic principles and | 4041 |
clinical application and the use of drugs and therapeutic devices | 4042 |
in the prevention of illness and maintenance of health; | 4043 |
(b) Instruction in the fiscal and ethical implications of | 4044 |
prescribing drugs and therapeutic devices; | 4045 |
(c) Instruction in the state and federal laws that apply to | 4046 |
the authority to prescribe; | 4047 |
(d) Instruction that is specific to schedule II controlled | 4048 |
substances, including instruction in all of the following: | 4049 |
(i) Indications for the use of schedule II controlled | 4050 |
substances in drug therapies; | 4051 |
(ii) The most recent guidelines for pain management | 4052 |
therapies, as established by state and national organizations such | 4053 |
as the Ohio pain initiative and the American pain society; | 4054 |
(iii) Fiscal and ethical implications of prescribing schedule | 4055 |
II controlled substances; | 4056 |
(iv) State and federal laws that apply to the authority to | 4057 |
prescribe schedule II controlled substances; | 4058 |
(v) Prevention of abuse and diversion of schedule II | 4059 |
controlled substances, including identification of the risk of | 4060 |
abuse and diversion, recognition of abuse and diversion, types of | 4061 |
assistance available for prevention of abuse and diversion, and | 4062 |
methods of establishing safeguards against abuse and diversion. | 4063 |
(e) Any additional instruction required pursuant to rules | 4064 |
adopted under section 4723.50 of the Revised Code. | 4065 |
(C) An applicant who practiced or is practicing as a clinical | 4066 |
nurse specialist, certified nurse-midwife, or certified nurse | 4067 |
practitioner in another jurisdiction or as an employee of the | 4068 |
United States government, and is not seeking authority to | 4069 |
prescribe drugs and therapeutic devices by meeting the | 4070 |
requirements of division (A) or (D) of this section, shall include | 4071 |
with the application submitted under section 4723.48 of the | 4072 |
Revised Code all of the following: | 4073 |
(1) | 4074 |
Evidence of holding a current, valid certificate of authority | 4075 |
issued under this chapter to practice as a clinical nurse | 4076 |
specialist, certified nurse-midwife, or certified nurse | 4077 |
practitioner; | 4078 |
(2) The fee required by section 4723.08 of the Revised Code | 4079 |
for a certificate to prescribe; | 4080 |
(3) Either of the following: | 4081 |
(a) Evidence of having held, for a continuous period of at | 4082 |
least one year during the three years immediately preceding the | 4083 |
date of application, valid authority issued by another | 4084 |
jurisdiction to prescribe therapeutic devices and drugs, including | 4085 |
at least some controlled substances; | 4086 |
(b) Evidence of having been employed by the United States | 4087 |
government and authorized, for a continuous period of at least one | 4088 |
year during the three years immediately preceding the date of | 4089 |
application, to prescribe therapeutic devices and drugs, including | 4090 |
at least some controlled substances, in conjunction with that | 4091 |
employment. | 4092 |
(4) | 4093 |
4094 | |
4095 | |
4096 | |
4097 |
| 4098 |
4099 | |
4100 | |
4101 | |
4102 | |
4103 |
| 4104 |
instruction approved by the board in the laws of this state that | 4105 |
govern drugs and prescriptive authority; | 4106 |
| 4107 |
to rules adopted under section 4723.50 of the Revised Code. | 4108 |
(D) An applicant who practiced or is practicing as a clinical | 4109 |
nurse specialist, certified nurse-midwife, or certified nurse | 4110 |
practitioner in another jurisdiction or as an employee of the | 4111 |
United States government, and is not seeking authority to | 4112 |
prescribe drugs and therapeutic devices by meeting the | 4113 |
requirements of division (A) or (C) of this section, shall include | 4114 |
with the application submitted under section 4723.48 of the | 4115 |
Revised Code all of the following: | 4116 |
(1) | 4117 |
Evidence of holding a current, valid certificate of authority | 4118 |
issued under this chapter to practice as a clinical nurse | 4119 |
specialist, certified nurse-midwife, or certified nurse | 4120 |
practitioner; | 4121 |
(2) The fee required by section 4723.08 of the Revised Code | 4122 |
for a certificate to prescribe; | 4123 |
(3) Either of the following: | 4124 |
(a) Evidence of having held, for a continuous period of at | 4125 |
least one year during the three years immediately preceding the | 4126 |
date of application, valid authority issued by another | 4127 |
jurisdiction to prescribe therapeutic devices and drugs, excluding | 4128 |
controlled substances; | 4129 |
(b) Evidence of having been employed by the United States | 4130 |
government and authorized, for a continuous period of at least one | 4131 |
year during the three years immediately preceding the date of | 4132 |
application, to prescribe therapeutic devices and drugs, excluding | 4133 |
controlled substances, in conjunction with that employment. | 4134 |
(4) | 4135 |
4136 | |
4137 | |
4138 | |
4139 |
| 4140 |
4141 | |
4142 | |
4143 | |
4144 | |
4145 |
| 4146 |
rules adopted under section 4723.50 of the Revised Code. | 4147 |
Sec. 4723.485. (A) | 4148 |
(A)(2) of this section, a certificate to prescribe issued under | 4149 |
section 4723.48 of the Revised Code as an externship certificate | 4150 |
is valid for not more than one year, unless earlier suspended or | 4151 |
revoked by the board of nursing. | 4152 |
(2) An externship certificate may be extended beyond the | 4153 |
period for | 4154 |
submits to the board evidence of continued participation in an | 4155 |
externship. The extension period shall not exceed two years. | 4156 |
(3) If an externship is terminated for any reason, the nurse | 4157 |
shall notify the board. | 4158 |
(B) To be eligible for a certificate to prescribe after | 4159 |
receiving an externship certificate, an applicant shall include | 4160 |
with the application submitted under section 4723.48 of the | 4161 |
Revised Code all of the following: | 4162 |
(1) A statement from a supervising physician attesting to the | 4163 |
applicant's successful completion of the externship; | 4164 |
(2) The fee required by section 4723.08 of the Revised Code | 4165 |
for a certificate to prescribe; | 4166 |
(3) Any additional information the board requires pursuant to | 4167 |
rules adopted under section 4723.50 of the Revised Code. | 4168 |
Sec. 4723.487. (A) As used in this section, "drug database" | 4169 |
means the database established and maintained by the state board | 4170 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 4171 |
(B) The board of nursing shall adopt rules in accordance with | 4172 |
Chapter 119. of the Revised Code that establish standards and | 4173 |
procedures to be followed by an advanced practice registered nurse | 4174 |
with a certificate to prescribe issued under section 4723.48 of | 4175 |
the Revised Code regarding the review of patient information | 4176 |
available through the drug database. | 4177 |
(C) This section and the rules adopted under it do not apply | 4178 |
if the state board of pharmacy no longer maintains the drug | 4179 |
database. | 4180 |
Sec. 4723.50. (A) In accordance with Chapter 119. of the | 4181 |
Revised Code, the board of nursing shall adopt rules as necessary | 4182 |
to implement the provisions of this chapter pertaining to the | 4183 |
authority of clinical nurse specialists, certified nurse-midwives, | 4184 |
and certified nurse practitioners to prescribe drugs and | 4185 |
therapeutic devices and the issuance and renewal of certificates | 4186 |
to prescribe. | 4187 |
The board shall adopt rules that are consistent with the | 4188 |
recommendations the board receives from the committee on | 4189 |
prescriptive governance pursuant to section 4723.492 of the | 4190 |
Revised Code. After reviewing a recommendation submitted by the | 4191 |
committee, the board may either adopt the recommendation as a rule | 4192 |
or ask the committee to reconsider and resubmit the | 4193 |
recommendation. The board shall not adopt any rule that does not | 4194 |
conform to a recommendation made by the committee. | 4195 |
(B) The board shall adopt rules under this section that do | 4196 |
all of the following: | 4197 |
(1) Establish a formulary listing the types of drugs and | 4198 |
therapeutic devices that may be prescribed by a clinical nurse | 4199 |
specialist, certified nurse-midwife, or certified nurse | 4200 |
practitioner. The formulary may include controlled substances, as | 4201 |
defined in section 3719.01 of the Revised Code. The formulary | 4202 |
shall not permit the prescribing of any drug or device to perform | 4203 |
or induce an abortion. | 4204 |
(2) Establish safety standards to be followed by a clinical | 4205 |
nurse specialist, certified nurse-midwife, or certified nurse | 4206 |
practitioner when personally furnishing to patients complete or | 4207 |
partial supplies of antibiotics, antifungals, scabicides, | 4208 |
contraceptives, prenatal vitamins, antihypertensives, drugs and | 4209 |
devices used in the treatment of diabetes, drugs and devices used | 4210 |
in the treatment of asthma, and drugs used in the treatment of | 4211 |
dyslipidemia; | 4212 |
(3) Establish criteria for the components of the standard | 4213 |
care arrangements described in section 4723.431 of the Revised | 4214 |
Code that apply to the authority to prescribe, including the | 4215 |
components that apply to the authority to prescribe schedule II | 4216 |
controlled substances. The rules shall be consistent with that | 4217 |
section and include all of the following: | 4218 |
(a) Quality assurance standards; | 4219 |
(b) Standards for periodic review by a collaborating | 4220 |
physician or podiatrist of the records of patients treated by the | 4221 |
clinical nurse specialist, certified nurse-midwife, or certified | 4222 |
nurse practitioner; | 4223 |
(c) Acceptable travel time between the location at which the | 4224 |
clinical nurse specialist, certified nurse-midwife, or certified | 4225 |
nurse practitioner is engaging in the prescribing components of | 4226 |
the nurse's practice and the location of the nurse's collaborating | 4227 |
physician or podiatrist; | 4228 |
(d) Any other criteria recommended by the committee on | 4229 |
prescriptive governance. | 4230 |
(4) Establish standards and procedures for issuance and | 4231 |
renewal of a certificate to prescribe, including specification of | 4232 |
any additional information the board may require under division | 4233 |
(A)(4), (C) | 4234 |
(B)(3) of section 4723.485 of the Revised Code; | 4235 |
(5) Establish standards for board approval of the course of | 4236 |
study in advanced pharmacology and related topics required by | 4237 |
section 4723.482 of the Revised Code; | 4238 |
(6) Establish requirements for board approval of the two-hour | 4239 |
course of instruction in the laws of this state as required under | 4240 |
division (C) | 4241 |
division (B)(2) of section 4723.484 of the Revised Code; | 4242 |
(7) Establish standards and procedures for the appropriate | 4243 |
conduct of an externship as described in section 4723.484 of the | 4244 |
Revised Code, including the following: | 4245 |
(a) Standards and procedures to be used in evaluating an | 4246 |
individual's participation in an externship; | 4247 |
(b) Standards and procedures for the supervision that a | 4248 |
physician must provide during an externship, including supervision | 4249 |
provided by working with the participant and supervision provided | 4250 |
by making timely reviews of the records of patients treated by the | 4251 |
participant. The manner in which supervision must be provided may | 4252 |
vary according to the location where the participant is practicing | 4253 |
and with the participant's level of experience. | 4254 |
Sec. 4723.61. As used in this section and in sections | 4255 |
4256 |
(A) "Medication" means a drug, as defined in section 4729.01 | 4257 |
of the Revised Code. | 4258 |
(B) "Medication error" means a failure to follow the | 4259 |
prescriber's instructions when administering a prescription | 4260 |
medication. | 4261 |
(C) "Nursing home" and "residential care facility" have the | 4262 |
same meanings as in section 3721.01 of the Revised Code. | 4263 |
(D) "Prescription medication" means a medication that may be | 4264 |
dispensed only pursuant to a prescription. | 4265 |
(E) "Prescriber" and "prescription" have the same meanings as | 4266 |
in section 4729.01 of the Revised Code. | 4267 |
Sec. 4723.64. | 4268 |
4269 | |
4270 | |
nursing home or residential care facility may use one or more | 4271 |
medication aides to administer prescription medications to its | 4272 |
residents, subject to both of the following conditions: | 4273 |
(A) Each individual used as a medication aide must hold a | 4274 |
current, valid medication aide certificate issued by the board of | 4275 |
nursing under this chapter. | 4276 |
(B) The nursing home or residential care facility shall | 4277 |
ensure that the requirements of section 4723.67 of the Revised | 4278 |
Code are met. | 4279 |
Sec. 4723.65. | 4280 |
medication aide shall apply to the board of nursing on a form | 4281 |
prescribed and provided by the board. | 4282 |
4283 | |
4284 | |
4285 | |
accompanied by the certification fee established in rules adopted | 4286 |
under section 4723.69 of the Revised Code. | 4287 |
| 4288 |
4289 | |
4290 | |
4291 | |
4292 | |
4293 | |
4294 | |
4295 | |
4296 | |
4297 | |
4298 | |
4299 | |
4300 | |
4301 | |
4302 | |
4303 | |
4304 | |
4305 | |
4306 |
| 4307 |
4308 | |
4309 | |
4310 | |
4311 | |
4312 |
| 4313 |
4314 | |
4315 | |
4316 |
| 4317 |
4318 | |
4319 |
| 4320 |
4321 |
Sec. 4723.651. (A) To be eligible to receive a medication | 4322 |
aide certificate, an applicant shall meet all of the following | 4323 |
conditions: | 4324 |
(1) Be at least eighteen years of age; | 4325 |
(2) Have a high school diploma or a high school equivalence | 4326 |
diploma as defined in section 5107.40 of the Revised Code; | 4327 |
(3) If the applicant is to practice as a medication aide in a | 4328 |
nursing home, be a nurse aide who satisfies the requirements of | 4329 |
division (A)(1), (2), (3), (4), (5), (6), or (8) of section | 4330 |
3721.32 of the Revised Code; | 4331 |
(4) If the applicant is to practice as a medication aide in a | 4332 |
residential care facility, be a nurse aide who satisfies the | 4333 |
requirements of division (A)(1), (2), (3), (4), (5), (6), or (8) | 4334 |
of section 3721.32 of the Revised Code or an individual who has at | 4335 |
least one year of direct care experience in a residential care | 4336 |
facility; | 4337 |
(5) Successfully complete the course of instruction provided | 4338 |
by a training program approved by the board under section 4723.66 | 4339 |
of the Revised Code; | 4340 |
(6) | 4341 |
4342 | |
4343 | |
4344 | |
4345 | |
4346 | |
4347 | |
4348 | |
licensure or certification as specified in section 4723.092 of the | 4349 |
Revised Code; | 4350 |
(7) Have not committed any act that is grounds for | 4351 |
disciplinary action under section 3123.47 or 4723.28 of the | 4352 |
Revised Code or be determined by the board to have made | 4353 |
restitution, been rehabilitated, or both; | 4354 |
(8) Not be required to register under Chapter 2950. of the | 4355 |
Revised Code or a substantially similar law of another state, the | 4356 |
United States, or another country; | 4357 |
(9) Meet all other requirements for a medication aide | 4358 |
certificate established in rules adopted under section 4723.69 of | 4359 |
the Revised Code. | 4360 |
(B) If an applicant meets the requirement specified in | 4361 |
division (A) of this section, the board shall issue a medication | 4362 |
aide certificate to the applicant. If a medication aide | 4363 |
certificate is issued to an individual on the basis of having at | 4364 |
least one year of direct care experience working in a residential | 4365 |
care facility, as provided in division (A)(4) of this section, the | 4366 |
certificate is valid for use only in a residential care facility. | 4367 |
The board shall state the limitation on the certificate issued to | 4368 |
the individual. | 4369 |
(C) A medication aide certificate is valid for two years, | 4370 |
unless earlier suspended or revoked. The certificate may be | 4371 |
renewed in accordance with procedures specified by the board in | 4372 |
rules adopted under section 4723.69 of the Revised Code. To be | 4373 |
eligible for renewal, an applicant shall pay the renewal fee | 4374 |
established in the rules and meet all renewal qualifications | 4375 |
specified in the rules. | 4376 |
Sec. 4723.652. (A) The board of nursing, by vote of a | 4377 |
quorum, may impose one or more of the following sanctions against | 4378 |
any individual who applies for, or holds, a medication aide | 4379 |
certificate: deny, revoke, suspend, or place restrictions on the | 4380 |
certificate; reprimand or otherwise discipline the holder of a | 4381 |
medication aide certificate; or impose a fine of not more than | 4382 |
five hundred dollars per violation. The sanctions may be imposed | 4383 |
for any of the reasons specified in division (A) or (B) of section | 4384 |
4723.28 of the Revised Code, to the extent that those reasons are | 4385 |
applicable to medication aides or applicants as specified in rules | 4386 |
adopted under section 4723.69 of the Revised Code. | 4387 |
(B) Disciplinary actions taken by the board under this | 4388 |
section shall be taken pursuant to an adjudication conducted under | 4389 |
Chapter 119. of the Revised Code, except that in lieu of a | 4390 |
hearing, the board may enter into a consent agreement with an | 4391 |
individual to resolve an allegation of a violation of this chapter | 4392 |
or any rule adopted under it. A consent agreement, when ratified | 4393 |
by vote of a quorum, shall constitute the findings and order of | 4394 |
the board with respect to the matter addressed in the agreement. | 4395 |
If the board refuses to ratify a consent agreement, the admissions | 4396 |
and findings contained in the agreement shall be of no effect. | 4397 |
(C) In taking actions under this section, the board has the | 4398 |
same powers and duties that it has when taking actions under | 4399 |
section 4723.28 of the Revised Code. In addition, the board may | 4400 |
issue an order to summarily suspend or automatically suspend a | 4401 |
medication aide certificate in the same manner that the board is | 4402 |
authorized to take those actions under section 4723.281 of the | 4403 |
Revised Code. | 4404 |
Sec. 4723.653. (A) No person shall engage in the | 4405 |
administration of medication as a medication aide, represent the | 4406 |
person as being a certified medication aide, or use the title, | 4407 |
"medication aide," or any other title implying that the person is | 4408 |
a certified medication aide, for a fee, salary, or other | 4409 |
compensation, or as a volunteer, without holding a current, valid | 4410 |
certificate as a medication aide under this chapter. | 4411 |
(B) No person shall employ a person not certified as a | 4412 |
medication aide under this chapter to engage in the administration | 4413 |
of medication as a medication aide. | 4414 |
Sec. 4723.66. (A) A person or government entity seeking | 4415 |
approval to provide a medication aide training program shall apply | 4416 |
to the board of nursing on a form prescribed and provided by the | 4417 |
board. | 4418 |
4419 | |
4420 | |
4421 | |
established in rules adopted under section 4723.69 of the Revised | 4422 |
Code. | 4423 |
(B) The board shall approve the applicant to provide a | 4424 |
medication aide training program if the content of the course of | 4425 |
instruction to be provided by the program meets the standards | 4426 |
specified by the board in rules adopted under section 4723.69 of | 4427 |
the Revised Code and includes all of the following: | 4428 |
(1) At least seventy clock-hours of instruction, including | 4429 |
both classroom instruction on medication administration and at | 4430 |
least twenty clock-hours of supervised clinical practice in | 4431 |
medication administration; | 4432 |
(2) A mechanism for evaluating whether an individual's | 4433 |
reading, writing, and mathematical skills are sufficient for the | 4434 |
individual to be able to administer prescription medications | 4435 |
safely; | 4436 |
(3) An examination that tests the ability to administer | 4437 |
prescription medications safely and that meets the requirements | 4438 |
established by the board in rules adopted under section 4723.69 of | 4439 |
the Revised Code. | 4440 |
(C) The board may deny, suspend, or revoke the approval | 4441 |
granted to the provider of a medication aide training program for | 4442 |
reasons specified in rules adopted under section 4723.69 of the | 4443 |
Revised Code. All actions taken by the board to deny, suspend, or | 4444 |
revoke the approval of a training program shall be taken in | 4445 |
accordance with Chapter 119. of the Revised Code. | 4446 |
Sec. 4723.67. (A) Except for the prescription medications | 4447 |
specified in division (C) of this section and the methods of | 4448 |
medication administration specified in division (D) of this | 4449 |
section, a medication aide who holds a current, valid medication | 4450 |
aide certificate issued under this chapter may administer | 4451 |
prescription medications to the residents of nursing homes and | 4452 |
residential care facilities that use medication aides pursuant to | 4453 |
section | 4454 |
shall administer prescription medications only pursuant to the | 4455 |
delegation of a registered nurse or a licensed practical nurse | 4456 |
acting at the direction of a registered nurse. | 4457 |
Delegation of medication administration to a medication aide | 4458 |
shall be carried out in accordance with the rules for nursing | 4459 |
delegation adopted under this chapter by the board of nursing. A | 4460 |
nurse who has delegated to a medication aide responsibility for | 4461 |
the administration of prescription medications to the residents of | 4462 |
a nursing home or residential care facility shall not withdraw the | 4463 |
delegation on an arbitrary basis or for any purpose other than | 4464 |
patient safety. | 4465 |
(B) In exercising the authority to administer prescription | 4466 |
medications pursuant to nursing delegation, a medication aide may | 4467 |
administer prescription medications in any of the following | 4468 |
categories: | 4469 |
(1) Oral medications; | 4470 |
(2) Topical medications; | 4471 |
(3) Medications administered as drops to the eye, ear, or | 4472 |
nose; | 4473 |
(4) Rectal and vaginal medications; | 4474 |
(5) Medications prescribed with a designation authorizing or | 4475 |
requiring administration on an as-needed basis, but only if a | 4476 |
nursing assessment of the patient is completed before the | 4477 |
medication is administered. | 4478 |
(C) A medication aide shall not administer prescription | 4479 |
medications in either of the following categories: | 4480 |
(1) Medications containing a schedule II controlled | 4481 |
substance, as defined in section 3719.01 of the Revised Code; | 4482 |
(2) Medications requiring dosage calculations. | 4483 |
(D) A medication aide shall not administer prescription | 4484 |
medications by any of the following methods: | 4485 |
(1) Injection; | 4486 |
(2) Intravenous therapy procedures; | 4487 |
(3) Splitting pills for purposes of changing the dose being | 4488 |
given. | 4489 |
(E) A nursing home or residential care facility that uses | 4490 |
medication aides shall ensure that medication aides do not have | 4491 |
access to any schedule II controlled substances within the home or | 4492 |
facility for use by its residents. | 4493 |
Sec. 4723.68. (A) A registered nurse, or licensed practical | 4494 |
nurse acting at the direction of a registered nurse, who delegates | 4495 |
medication administration to a medication aide who holds a | 4496 |
current, valid medication aide certificate issued under this | 4497 |
chapter is not liable in damages to any person or government | 4498 |
entity in a civil action for injury, death, or loss to person or | 4499 |
property that allegedly arises from an action or omission of the | 4500 |
medication aide in performing the medication administration, if | 4501 |
the delegating nurse delegates the medication administration in | 4502 |
accordance with this chapter and the rules adopted under this | 4503 |
chapter. | 4504 |
(B) A person employed by a nursing home or residential care | 4505 |
facility that uses medication aides pursuant to section | 4506 |
4723.64 of the Revised Code who reports in good faith a medication | 4507 |
error at the nursing home or residential care facility is not | 4508 |
subject to disciplinary action by the board of nursing or any | 4509 |
other government entity regulating that person's professional | 4510 |
practice and is not liable in damages to any person or government | 4511 |
entity in a civil action for injury, death, or loss to person or | 4512 |
property that allegedly results from reporting the medication | 4513 |
error. | 4514 |
Sec. 4723.69. (A) | 4515 |
4516 | |
4517 | |
sections 4723.61 to 4723.68 of the Revised Code. | 4518 |
4519 | |
adopted under this section shall be adopted in accordance with | 4520 |
Chapter 119. of the Revised Code. | 4521 |
(B) The rules adopted under this section shall establish or | 4522 |
specify all of the following: | 4523 |
(1) Fees, in an amount sufficient to cover the costs the | 4524 |
board incurs in implementing sections 4723.61 to 4723.68 of the | 4525 |
Revised Code, for | 4526 |
4527 | |
medication aide training program; | 4528 |
(2) Requirements to obtain a medication aide certificate that | 4529 |
are not otherwise specified in section 4723.651 of the Revised | 4530 |
Code; | 4531 |
(3) Procedures for renewal of medication aide certificates; | 4532 |
(4) The extent to which the board determines that the reasons | 4533 |
for taking disciplinary actions under section 4723.28 of the | 4534 |
Revised Code are applicable reasons for taking disciplinary | 4535 |
actions under section 4723.652 of the Revised Code against an | 4536 |
applicant for or holder of a medication aide certificate; | 4537 |
(5) | 4538 |
4539 |
| 4540 |
including the examination to be administered by the training | 4541 |
program to test an individual's ability to administer prescription | 4542 |
medications safely; | 4543 |
(6) Standards for approval of continuing education programs | 4544 |
and courses for medication aides; | 4545 |
(7) Reasons for denying, revoking, or suspending approval of | 4546 |
a medication aide training program; | 4547 |
(8) Other standards and procedures the board considers | 4548 |
necessary to implement sections 4723.61 to 4723.68 of the Revised | 4549 |
Code. | 4550 |
Sec. 4723.71. (A) There is hereby established, under the | 4551 |
board of nursing, the advisory group on dialysis. The advisory | 4552 |
group shall advise the board of nursing regarding the | 4553 |
qualifications, standards for training, and competence of dialysis | 4554 |
technicians and dialysis technician interns and all other related | 4555 |
matters | 4556 |
consist of the members appointed under divisions (B) and (C) of | 4557 |
this section. A member of the board of nursing or a representative | 4558 |
appointed by the board shall serve as chairperson of all meetings | 4559 |
of the advisory group. | 4560 |
(B) The board of nursing shall appoint the following as | 4561 |
members of the advisory group: | 4562 |
(1) Four dialysis technicians; | 4563 |
(2) A registered nurse who regularly performs dialysis and | 4564 |
cares for patients who receive dialysis; | 4565 |
(3) A physician, recommended by the state medical board, who | 4566 |
specializes in nephrology; | 4567 |
(4) An administrator of a dialysis center; | 4568 |
(5) A dialysis patient; | 4569 |
(6) A representative of the | 4570 |
4571 |
(7) A representative from the end-stage renal disease | 4572 |
network, as defined in 42 C.F.R. 405.2102. | 4573 |
(C) The members of the advisory group appointed under | 4574 |
division (B) of this section may recommend additional persons to | 4575 |
serve as members of the advisory group. The board of nursing may | 4576 |
appoint, as appropriate, any of the additional persons | 4577 |
recommended. | 4578 |
(D) The board of nursing shall specify the terms for the | 4579 |
advisory group members. Members shall serve at the discretion of | 4580 |
the board of nursing. Members shall receive their actual and | 4581 |
necessary expenses incurred in the performance of their official | 4582 |
duties. | 4583 |
(E) Sections 101.82 to 101.87 of the Revised Code do not | 4584 |
apply to the advisory group. | 4585 |
Sec. 4723.72. (A) A dialysis technician or dialysis | 4586 |
technician intern may engage in dialysis care by doing the | 4587 |
following: | 4588 |
(1) Performing and monitoring dialysis procedures, including | 4589 |
initiating, monitoring, and discontinuing dialysis; | 4590 |
(2) Drawing blood; | 4591 |
(3) Administering | 4592 |
division (C) of this section when the administration is essential | 4593 |
to the dialysis process; | 4594 |
(4) Responding to complications that arise during dialysis. | 4595 |
(B) | 4596 |
section, a dialysis technician or dialysis technician intern may | 4597 |
provide the dialysis care specified in division (A) of this | 4598 |
section only if the care has been delegated to the technician or | 4599 |
intern by a physician or registered nurse and the technician or | 4600 |
intern is under the supervision of a physician or registered | 4601 |
nurse. Supervision requires that the dialysis technician or | 4602 |
dialysis technician intern be in the immediate presence of a | 4603 |
physician or registered nurse | 4604 |
(2) In accordance with division (E) of section 4723.73 of the | 4605 |
Revised Code, a dialysis technician intern shall not provide | 4606 |
dialysis care in a patient's home. | 4607 |
(3) In the case of dialysis care provided in a patient's home | 4608 |
by a dialysis technician,
| 4609 |
apply: | 4610 |
(a) The technician shall be supervised in accordance with the | 4611 |
rules adopted under section 4723.79 of the Revised Code for | 4612 |
supervision of dialysis technicians who provide dialysis care in a | 4613 |
patient's home. | 4614 |
(b) Division (D)(5) of section 4723.73 of the Revised Code | 4615 |
does not allow a dialysis technician who provides dialysis care in | 4616 |
a patient's home to provide dialysis care that is not authorized | 4617 |
under this section. | 4618 |
(C) A dialysis technician or dialysis technician intern may | 4619 |
administer | 4620 |
a licensed health professional authorized to prescribe drugs as | 4621 |
defined in section 4729.01 of the Revised Code and in accordance | 4622 |
with the standards for the delegation of dialysis care | 4623 |
established in division (B) of this section and in rules adopted | 4624 |
under section 4723.79 of the Revised Code | 4625 |
4626 |
(1) Intradermal lidocaine or other single therapeutically | 4627 |
equivalent local anesthetic for the purpose of initiating dialysis | 4628 |
treatment; | 4629 |
(2) Intravenous heparin or other single therapeutically | 4630 |
equivalent anticoagulant for the purpose of initiating and | 4631 |
maintaining dialysis treatment; | 4632 |
(3) Intravenous normal saline; | 4633 |
(4) Patient-specific dialysate, to which the | 4634 |
technician or intern may add electrolytes but no other additives | 4635 |
or medications; | 4636 |
(5) Oxygen | 4637 |
4638 |
Sec. 4723.73. (A) No person | 4639 |
4640 | |
current, valid certificate issued under section 4723.75 or renewed | 4641 |
under section 4723.77 | 4642 |
4643 | |
of the following: | 4644 |
(1) Claim to the public to be a dialysis technician; | 4645 |
| 4646 |
dialysis technician," the initials "OCDT," or any other title or | 4647 |
initials to represent that the person is authorized to perform | 4648 |
dialysis care as a | 4649 |
4650 | |
4651 |
| 4652 |
technician intern certificate issued under section 4723.76 of the | 4653 |
Revised Code shall | 4654 |
(1) Claim to the public to be a dialysis technician intern; | 4655 |
(2) Use the title | 4656 |
initials "DTI," or any other title or initials to represent that | 4657 |
the person is authorized to perform dialysis care as a
| 4658 |
4659 | |
4660 | |
4661 |
| 4662 |
shall engage in dialysis care in a manner that is inconsistent | 4663 |
with section 4723.72 of the Revised Code. | 4664 |
| 4665 |
technician intern shall engage in the dialysis care that is | 4666 |
authorized by section 4723.72 of the Revised Code, unless the | 4667 |
person is one or more of the following | 4668 |
(1) | 4669 |
nurse | 4670 |
(2) | 4671 |
(3) | 4672 |
the supervision of an instructor as an integral part of a dialysis | 4673 |
training program approved by the board of nursing under section | 4674 |
4723.74 of the Revised Code | 4675 |
(4) | 4676 |
to engage in the dialysis care with little or no professional | 4677 |
assistance by completing a medicare-approved self-dialysis or home | 4678 |
dialysis training program | 4679 |
(5) | 4680 |
patient who engages in self-dialysis or home dialysis, and the | 4681 |
person engages in the dialysis care by assisting the patient in | 4682 |
performing the self-dialysis or home dialysis, after the person | 4683 |
providing the assistance has completed a medicare-approved | 4684 |
self-dialysis or home dialysis training program for the particular | 4685 |
dialysis patient being assisted. | 4686 |
(E) No dialysis technician intern shall do either of the | 4687 |
following: | 4688 |
(1) Serve as a trainer or preceptor in a dialysis training | 4689 |
program; | 4690 |
(2) Provide dialysis care in a patient's home. | 4691 |
(F) No person shall operate a dialysis training program, | 4692 |
unless the program is approved by the board of nursing under | 4693 |
section 4723.74 of the Revised Code. | 4694 |
Sec. 4723.74. (A) A person who seeks to operate a dialysis | 4695 |
training program shall apply to the board of nursing for approval | 4696 |
of the program. Applications shall be submitted in accordance with | 4697 |
rules adopted under section 4723.79 of the Revised Code. The | 4698 |
person shall include with the application the fee prescribed in | 4699 |
those rules. If the program meets the requirements for approval as | 4700 |
specified in the rules, the board shall approve the program. A | 4701 |
program shall apply for reapproval and may be reapproved in | 4702 |
accordance with rules adopted under section 4723.79 of the Revised | 4703 |
Code. | 4704 |
(B) The board may place on provisional approval, for a period | 4705 |
of time it specifies, a dialysis training program that has ceased | 4706 |
to meet and maintain the minimum standards of the board | 4707 |
established by rules adopted under section 4723.79 of the Revised | 4708 |
Code. Prior to or at the end of the period, the board shall | 4709 |
reconsider whether the program meets the standards. The board | 4710 |
shall grant full approval if the program meets the standards. If | 4711 |
the program does not meet the standards, the board may withdraw | 4712 |
approval in accordance with division (C) of this section. | 4713 |
(C) The board may withdraw the approval of a program that | 4714 |
ceases to meet the requirements for approval. Any action to | 4715 |
withdraw the approval shall be taken in accordance with Chapter | 4716 |
119. of the Revised Code. | 4717 |
| 4718 |
enroll, and shall not enroll, in a dialysis training program | 4719 |
approved by the board under
| 4720 |
the | 4721 |
possesses a high school diploma or high school equivalence | 4722 |
diploma. | 4723 |
Sec. 4723.75. (A) The board of nursing shall issue a | 4724 |
certificate to practice as a dialysis technician to | 4725 |
applicant who meets | 4726 |
(1) For all | 4727 |
application is submitted to the board in accordance with rules | 4728 |
adopted under section 4723.79 of the Revised Code and includes | 4729 |
4730 |
(a) The fee established in
| 4731 |
4723.79 of the Revised Code; | 4732 |
(b) The name and address of each approved dialysis training | 4733 |
program in which the applicant has enrolled and the dates during | 4734 |
which the applicant was enrolled in each program. | 4735 |
(2) For all | 4736 |
the requirements established by the board's rules. | 4737 |
(3) For all | 4738 |
demonstrates competency to practice as a dialysis technician, as | 4739 |
specified
| 4740 |
(4) For | 4741 |
program on or after June 1, 2003, the results of a criminal | 4742 |
records check | 4743 |
4744 | |
4745 | |
4746 | |
4747 | |
4748 | |
4749 | |
4750 | |
4751 | |
conducted in accordance with section 4723.091 of the Revised Code | 4752 |
demonstrate that the applicant is not ineligible for certification | 4753 |
as specified in section 4723.092 of the Revised Code. | 4754 |
(B) For | 4755 |
practice as a dialysis technician, one of the following must | 4756 |
apply: | 4757 |
(1) The | 4758 |
| 4759 |
dialysis training program approved by the board under section | 4760 |
4723.74 of the Revised Code | 4761 |
| 4762 |
the following requirements: | 4763 |
(a) Has performed dialysis care | 4764 |
for not less than twelve months immediately prior to the date of | 4765 |
application | 4766 |
| 4767 |
(b) Has passed a certification examination demonstrating | 4768 |
competence to perform dialysis care | 4769 |
4770 | |
successfully completing a dialysis training program approved by | 4771 |
the board under section 4723.74 of the Revised Code. | 4772 |
4773 | |
4774 | |
4775 | |
4776 | |
4777 | |
4778 | |
4779 | |
4780 | |
4781 | |
4782 | |
4783 | |
4784 |
(2) The | 4785 |
| 4786 |
4787 | |
4788 | |
4789 | |
4790 | |
4791 |
| 4792 |
4793 | |
4794 | |
4795 |
| 4796 |
4797 | |
4798 | |
4799 | |
4800 | |
4801 | |
all of the following: | 4802 |
(a) Has a testing organization approved by the board submit | 4803 |
evidence satisfactory to the board that the applicant passed an | 4804 |
examination, in another jurisdiction, that demonstrates the | 4805 |
applicant's competence to provide dialysis care; | 4806 |
(b) Submits evidence satisfactory to the board that the | 4807 |
applicant has been employed to perform dialysis care in another | 4808 |
jurisdiction for not less than twelve months immediately prior to | 4809 |
the date of application for certification under this section; | 4810 |
(c) Submits evidence satisfactory to the board that the | 4811 |
applicant completed at least two hours of education directly | 4812 |
related to this chapter and the rules adopted under it. | 4813 |
(C) | 4814 |
4815 | |
4816 | |
4817 | |
4818 | |
4819 | |
4820 | |
4821 | |
4822 | |
4823 | |
4824 | |
4825 | |
4826 | |
4827 | |
4828 | |
4829 | |
4830 |
| 4831 |
4832 | |
4833 | |
4834 | |
4835 |
| 4836 |
4837 | |
4838 | |
4839 | |
4840 |
| 4841 |
4842 | |
An applicant who does not pass the certification examination | 4843 |
described in division (B)(1)(b) of this section within the time | 4844 |
period prescribed in that division may continue to pursue | 4845 |
certification by repeating the entire training and application | 4846 |
process, including doing all of the following: | 4847 |
(1) Enrolling in and successfully completing a dialysis | 4848 |
training program approved by the board; | 4849 |
(2) Submitting a request to the bureau of criminal | 4850 |
identification and investigation for a criminal records check and | 4851 |
check of federal bureau of investigation records pursuant to | 4852 |
section 4723.091 of the Revised Code; | 4853 |
(3) Submitting an application for a dialysis technician | 4854 |
intern certificate in accordance with section 4723.76 of the | 4855 |
Revised Code; | 4856 |
(4) Demonstrating competence to perform dialysis care in | 4857 |
accordance with division (B) of this section. | 4858 |
Sec. 4723.751. | 4859 |
dialysis technician certification examinations itself or, in | 4860 |
accordance with rules adopted under section 4723.79 of the Revised | 4861 |
Code, approve testing organizations to conduct the examinations. | 4862 |
If it conducts the examinations, the board may use all or part of | 4863 |
a standard examination created by a testing organization approved | 4864 |
by the board. Regardless of who conducts it, the examination shall | 4865 |
cover all of the subjects specified in rules adopted under section | 4866 |
4723.79 of the Revised Code. | 4867 |
| 4868 |
4869 | |
4870 | |
4871 |
Sec. 4723.76. (A) The board of nursing shall issue a | 4872 |
4873 | |
to | 4874 |
technician certification examination required by section 4723.751 | 4875 |
of the Revised Code, but who
| 4876 |
requirements: | 4877 |
(1) | 4878 |
with rules adopted under section 4723.79 of the Revised Code and | 4879 |
includes with the application | 4880 |
(a) The fee established in | 4881 |
4723.79 of the Revised Code; | 4882 |
(b) The name and address of all dialysis training programs | 4883 |
approved by the board in which the applicant has been enrolled and | 4884 |
the dates of enrollment in each program. | 4885 |
(2) | 4886 |
4887 | |
4888 |
(3) | 4889 |
| 4890 |
training program approved by the board of nursing under section | 4891 |
4723.74 of the Revised Code. | 4892 |
| 4893 |
4894 | |
4895 |
| 4896 |
4897 | |
4898 | |
4899 |
(B) A | 4900 |
to | 4901 |
division (A) | 4902 |
that is eighteen months from the date on which the
| 4903 |
applicant successfully completed a dialysis training program | 4904 |
approved by the board under section 4723.74 of the Revised Code, | 4905 |
minus the time the applicant was enrolled in one or more dialysis | 4906 |
training programs approved by the board. | 4907 |
| 4908 |
4909 | |
4910 | |
4911 |
| 4912 |
4913 | |
4914 | |
4915 | |
4916 | |
4917 | |
4918 | |
4919 | |
4920 |
(C) A | 4921 |
under this section may not be renewed | 4922 |
4923 | |
4924 | |
4925 | |
4926 | |
4927 | |
4928 |
Sec. 4723.77. A dialysis technician certificate issued under | 4929 |
section 4723.75 of the Revised Code expires biennially and shall | 4930 |
be renewed according to a schedule established by the board of | 4931 |
nursing in rules adopted under section 4723.79 of the Revised | 4932 |
Code. An application for renewal of a dialysis technician | 4933 |
certificate shall be accompanied by the renewal fee established in | 4934 |
rules adopted by the board under section 4723.79 of the Revised | 4935 |
Code. A certificate may be renewed only if, during the period for | 4936 |
which the certificate was issued, the certificate holder satisfied | 4937 |
the continuing education requirements established by the board's | 4938 |
rules. Of the hours of continuing education completed during the | 4939 |
period for which the dialysis technician certificate was issued, | 4940 |
at least one hour of the education must be directly related to the | 4941 |
statutes and rules pertaining to the practice of nursing in this | 4942 |
state or the practice as a dialysis technician in this state. | 4943 |
Sec. 4723.79. The board of nursing shall adopt rules to | 4944 |
administer and enforce sections 4723.71 to 4723.79 of the Revised | 4945 |
Code. The board shall adopt the rules in accordance with Chapter | 4946 |
119. of the Revised Code. The rules shall establish or specify all | 4947 |
of the following: | 4948 |
(A) The application process, fee, and requirements for | 4949 |
approval, reapproval, and withdrawing the approval of a dialysis | 4950 |
training program under section 4723.74 of the Revised Code. The | 4951 |
requirements shall include standards that must be satisfied | 4952 |
regarding curriculum, length of training, and instructions in | 4953 |
patient care. | 4954 |
(B) The application process, fee, and requirements for | 4955 |
issuance of a dialysis technician certificate under section | 4956 |
4723.75 of the Revised Code, except that the amount of the fee | 4957 |
shall be no greater than the fee charged under division (A)(1) of | 4958 |
section 4723.08 of the Revised Code; | 4959 |
(C) The application process, fee, and requirements for | 4960 |
issuance of a | 4961 |
under section 4723.76 of the Revised Code; | 4962 |
(D) The process for approval of testing organizations under | 4963 |
section 4723.751 of the Revised Code; | 4964 |
(E) Subjects to be included in a certification examination | 4965 |
4966 | |
4723.751 of the Revised Code; | 4967 |
(F) The schedule, fees, and continuing education requirements | 4968 |
for renewal of a dialysis technician certificate under section | 4969 |
4723.77 of the Revised Code, except that the amount of the fee for | 4970 |
4971 | |
charged under division (A) | 4972 |
Revised Code
| 4973 |
4974 |
(G) Standards | 4975 |
4976 | |
4977 | |
4978 | |
approval of continuing education programs and courses for dialysis | 4979 |
technicians; | 4980 |
(H) Standards for the administration of medication by | 4981 |
dialysis technicians and dialysis technician interns under section | 4982 |
4723.72 of the Revised Code; | 4983 |
(I) | 4984 |
4985 |
| 4986 |
technicians who provide dialysis care in a patient's home, | 4987 |
including monthly home visits by a registered nurse to monitor the | 4988 |
quality of the dialysis care; | 4989 |
| 4990 |
administration and enforcement of sections 4723.71 to 4723.79 of | 4991 |
the Revised Code. | 4992 |
Sec. 4723.83. | 4993 |
worker certificate shall submit an application to the board of | 4994 |
nursing on forms the board shall prescribe and furnish. The | 4995 |
applicant shall include all information the board requires to | 4996 |
process the application. The application shall be accompanied by | 4997 |
the fee established in rules adopted under section 4723.88 of the | 4998 |
Revised Code. | 4999 |
| 5000 |
5001 | |
5002 | |
5003 | |
5004 | |
5005 | |
5006 | |
5007 | |
5008 | |
5009 | |
5010 | |
5011 | |
5012 | |
5013 | |
5014 | |
5015 |
| 5016 |
5017 | |
5018 | |
5019 | |
5020 |
| 5021 |
5022 | |
5023 |
| 5024 |
5025 |
Sec. 4723.84. (A) To be eligible to receive a community | 5026 |
health worker certificate, an applicant shall meet all of the | 5027 |
following conditions: | 5028 |
(1) Be eighteen years of age or older; | 5029 |
(2) Possess a high school diploma or the equivalent of a high | 5030 |
school diploma, as determined by the board; | 5031 |
(3) Except as provided in division (B) of this section, | 5032 |
successfully complete a community health worker training program | 5033 |
approved by the board under section 4723.87 of the Revised Code; | 5034 |
(4) | 5035 |
5036 | |
5037 | |
5038 | |
5039 | |
5040 | |
5041 | |
5042 | |
in section 4723.092 of the Revised Code; | 5043 |
(5) Not have committed any act that is grounds for | 5044 |
disciplinary action under section 3123.47 of the Revised Code or | 5045 |
rules adopted under division (F) of section 4723.88 of the Revised | 5046 |
Code or, if such an act has been committed, be determined by the | 5047 |
board to have made restitution, been rehabilitated, or both; | 5048 |
(6) Not be required to register under Chapter 2950. of the | 5049 |
Revised Code or a substantially similar law of another state, the | 5050 |
United States, or another country; | 5051 |
(7) Meet all other requirements the board specifies in rules | 5052 |
adopted under section 4723.88 of the Revised Code. | 5053 |
(B) In lieu of meeting the condition of completing a | 5054 |
community health worker training program, an applicant may be | 5055 |
issued a community health worker certificate if the individual was | 5056 |
employed in a capacity substantially the same as a community | 5057 |
health worker | 5058 |
5059 | |
division, an applicant must meet the requirements specified in | 5060 |
rules adopted by the board under section 4723.88 of the Revised | 5061 |
Code and provide documentation from the employer attesting to the | 5062 |
employer's belief that the applicant is competent to perform | 5063 |
activities as a certified community health worker. | 5064 |
Sec. 4723.87. (A) A person or government entity seeking to | 5065 |
operate a training program that prepares individuals to become | 5066 |
certified community health workers shall submit an application to | 5067 |
the board of nursing on forms the board shall prescribe and | 5068 |
furnish. The applicant shall include all information the board | 5069 |
requires to process the application. The application shall be | 5070 |
accompanied by the fee established in rules adopted under section | 5071 |
4723.87 of the Revised Code. | 5072 |
The board shall review all applications received. If an | 5073 |
applicant meets the standards for approval established in the | 5074 |
board's rules adopted under section 4723.88 of the Revised Code, | 5075 |
the board shall approve the program. | 5076 |
(B) The board's approval of a training program expires | 5077 |
biennially and may be renewed in accordance with the schedule and | 5078 |
procedures established by the board in rules adopted under section | 5079 |
4723.88 of the Revised Code. | 5080 |
(C) If an approved community health worker training program | 5081 |
ceases to meet the standards for approval, the board shall | 5082 |
withdraw its approval of the program, refuse to renew its approval | 5083 |
of the program, or place the program on provisional approval. In | 5084 |
withdrawing or refusing to renew its approval, the board shall act | 5085 |
in accordance with Chapter 119. of the Revised Code. In placing a | 5086 |
program on provisional approval, the board shall specify the | 5087 |
period of time during which the provisional approval is valid. | 5088 |
Prior to or at the end of the period, the board shall reconsider | 5089 |
whether the program meets the standards for approval. If the | 5090 |
program meets the standards for approval, the board shall | 5091 |
reinstate its full approval of the program or renew its approval | 5092 |
of the program. If the program does not meet the standards for | 5093 |
approval, the board shall proceed by withdrawing or refusing to | 5094 |
renew its approval of the program. | 5095 |
Sec. 4723.88. The board of nursing, in accordance with | 5096 |
Chapter 119. of the Revised Code, shall adopt rules to administer | 5097 |
and enforce sections 4723.81 to 4723.87 of the Revised Code. The | 5098 |
rules shall establish all of the following: | 5099 |
(A) Standards and procedures for issuance of community health | 5100 |
worker certificates; | 5101 |
(B) Standards for evaluating the competency of an individual | 5102 |
who applies to receive a certificate on the basis of having been | 5103 |
employed in a capacity substantially the same as a community | 5104 |
health worker before the board implemented the certification | 5105 |
program; | 5106 |
(C) Standards and procedures for renewal of community health | 5107 |
worker certificates, including the continuing education | 5108 |
requirements that must be met for renewal; | 5109 |
(D) Standards governing the performance of activities related | 5110 |
to nursing care that are delegated by a registered nurse to | 5111 |
certified community health workers. In establishing the standards, | 5112 |
the board shall specify limits on the number of certified | 5113 |
community health workers a registered nurse may supervise at any | 5114 |
one time. | 5115 |
(E) Standards and procedures for assessing the quality of the | 5116 |
services that are provided by certified community health workers; | 5117 |
(F) Standards and procedures for denying, suspending, and | 5118 |
revoking a community health worker certificate, including reasons | 5119 |
for imposing the sanctions that are substantially similar to the | 5120 |
reasons that sanctions are imposed under section 4723.28 of the | 5121 |
Revised Code; | 5122 |
(G) Standards and procedures for approving and renewing the | 5123 |
board's approval of training programs that prepare individuals to | 5124 |
become certified community health workers. In establishing the | 5125 |
standards, the board shall specify the minimum components that | 5126 |
must be included in a training program, shall require that all | 5127 |
approved training programs offer the standardized curriculum, and | 5128 |
shall ensure that the curriculum enables individuals to use the | 5129 |
training as a basis for entering programs leading to other | 5130 |
careers, including nursing education programs. | 5131 |
(H) Standards for approval of continuing education programs | 5132 |
and courses for certified community health workers; | 5133 |
(I) Standards and procedures for withdrawing the board's | 5134 |
approval of a training program, refusing to renew the approval of | 5135 |
a training program, and placing a training program on provisional | 5136 |
approval; | 5137 |
| 5138 |
division (A) | 5139 |
| 5140 |
necessary and appropriate for the administration and enforcement | 5141 |
of sections 4723.81 to 4723.87 of the Revised Code. | 5142 |
Sec. 4723.99. (A) Except as provided in division (B) of this | 5143 |
section, whoever violates section 4723.03, 4723.44, 4723.653, or | 5144 |
4723.73 of the Revised Code is guilty of a felony of the fifth | 5145 |
degree on a first offense and a felony of the fourth degree on | 5146 |
each subsequent offense. | 5147 |
(B)
| 5148 |
(1) A registered nurse or licensed practical nurse who | 5149 |
violates division (A) or (B) of section 4723.03 of the Revised | 5150 |
Code by reason of a license to practice nursing that has lapsed | 5151 |
for failure to renew or by practicing nursing after a license has | 5152 |
been classified as inactive | 5153 |
(2) A medication aide who violates section 4723.653 of the | 5154 |
Revised Code by reason of a medication aide certificate that has | 5155 |
lapsed for failure to renew or by administering medication as a | 5156 |
medication aide after a certificate has been classified as | 5157 |
inactive. | 5158 |
Sec. 4759.01. As used in this chapter: | 5159 |
(A) " | 5160 |
following: | 5161 |
(1) Nutritional assessment to determine nutritional needs and | 5162 |
to recommend appropriate nutritional intake, including enteral and | 5163 |
parenteral nutrition; | 5164 |
(2) Nutritional counseling or education as components of | 5165 |
preventive, curative, and restorative health care; | 5166 |
(3) Development, administration, evaluation, and consultation | 5167 |
regarding nutritional care standards. | 5168 |
(B) " | 5169 |
and dietetics" means the national professional organization | 5170 |
5171 | |
5172 | |
successor organization that serves in an equivalent capacity. | 5173 |
(C) "Commission on dietetic registration" means the | 5174 |
5175 | |
5176 | |
serves as the credentialing agency for the academy of nutrition | 5177 |
and dietetics. | 5178 |
(D) "Ohio academy of nutrition and dietetics" means the state | 5179 |
professional organization known by that name or a successor | 5180 |
organization that serves in an equivalent capacity. | 5181 |
Sec. 4759.03. There is hereby created the Ohio board of | 5182 |
dietetics consisting of five members appointed by the governor | 5183 |
with the advice and consent of the senate. The Ohio | 5184 |
5185 | |
of five names for each position or vacancy on the board to be | 5186 |
filled by a dietitian, and the governor may make | 5187 |
appointments from the persons so recommended or from other | 5188 |
persons. | 5189 |
Within thirty days of
| 5190 |
1, 1987, the governor shall make initial appointments to the | 5191 |
board. Of the initial appointments, one shall be for a term ending | 5192 |
one year after
| 5193 |
one shall be for a term ending two years after
| 5194 |
5195 | |
years after
| 5196 |
shall be for a term ending four years after
| 5197 |
5198 | |
years after
| 5199 |
Thereafter, terms of office shall be for five years, each term | 5200 |
ending on the same day of the same month as did the term which it | 5201 |
succeeds. Each member shall hold office from the date of | 5202 |
appointment until the end of the term for which | 5203 |
appointed. The governor shall appoint a member to fill a vacancy | 5204 |
in the manner prescribed for filling the position in which the | 5205 |
vacancy occurs. Any member appointed to fill a vacancy occurring | 5206 |
prior to the expiration of the term for which | 5207 |
predecessor was appointed shall hold office for the remainder of | 5208 |
the term. Any member shall continue in office subsequent to the | 5209 |
expiration date of | 5210 |
takes office, or until a period of sixty days has elapsed, | 5211 |
whichever occurs first. | 5212 |
Members of the board may be removed by the governor for | 5213 |
malfeasance, misfeasance, or nonfeasance after an adjudication | 5214 |
hearing pursuant to Chapter 119. of the Revised Code. Members may | 5215 |
not be appointed to a second term unless a period of five years | 5216 |
has passed since the expiration of the first term, except that | 5217 |
members appointed for less than a five-year term or appointed to | 5218 |
fill an unexpired term may be appointed for one full term of five | 5219 |
years immediately following the end of the term for which | 5220 |
member was first appointed. | 5221 |
Three members of the board shall be dietitians who have been | 5222 |
actively engaged in the practice of dietetics in the state for at | 5223 |
least five years immediately preceding their appointment; one | 5224 |
member shall be an educator with a doctoral degree who holds a | 5225 |
regular faculty appointment in a program that prepares students to | 5226 |
meet the requirements of division (A)(5) of section 4759.06 of the | 5227 |
Revised Code; and one member shall be a member of the general | 5228 |
public who is not and never has been a dietitian, is not a member | 5229 |
of the immediate family of a dietitian, does not have a financial | 5230 |
interest in the provision of goods or services to dietitians, and | 5231 |
is not engaged in any activity related to the practice of | 5232 |
dietetics. | 5233 |
Each member of the board shall receive an amount fixed | 5234 |
pursuant to division (J) of section 124.15 of the Revised Code for | 5235 |
each day, or portion thereof, | 5236 |
discharge of | 5237 |
actual and necessary expenses incurred in the performance of those | 5238 |
duties. | 5239 |
Sec. 4759.05. The Ohio board of dietetics shall: | 5240 |
(A) Adopt, amend, or rescind rules pursuant to Chapter 119. | 5241 |
of the Revised Code to carry out the provisions of this chapter, | 5242 |
including rules governing the following: | 5243 |
(1) Selection and approval of a dietitian licensure | 5244 |
examination offered by the commission on dietetic registration or | 5245 |
any other examination; | 5246 |
(2) The examination of applicants for licensure as a | 5247 |
dietitian, to be held at least twice annually, as required under | 5248 |
division (A) of section 4759.06 of the Revised Code; | 5249 |
(3) Requirements for pre-professional dietetic experience of | 5250 |
applicants for licensure as a dietitian that are at least | 5251 |
equivalent to the requirements adopted by the commission on | 5252 |
dietetic registration; | 5253 |
(4) Requirements for a person holding a limited permit under | 5254 |
division (F) of section 4759.06 of the Revised Code, including the | 5255 |
duration of validity of a limited permit; | 5256 |
(5) Requirements for a licensed dietitian who places a | 5257 |
license in inactive status under division (G) of section 4759.06 | 5258 |
of the Revised Code, including a procedure for changing inactive | 5259 |
status to active status; | 5260 |
(6) Continuing education requirements for renewal of a | 5261 |
license, except that the board may adopt rules to waive the | 5262 |
requirements for a person who is unable to meet the requirements | 5263 |
due to illness or other reasons. Rules adopted under this division | 5264 |
shall be consistent with the continuing education requirements | 5265 |
adopted by the commission on dietetic registration. | 5266 |
(7) Any additional education requirements the board considers | 5267 |
necessary, for applicants who have not practiced dietetics within | 5268 |
five years of the initial date of application for licensure; | 5269 |
(8) Standards of professional responsibility and practice for | 5270 |
persons licensed under this chapter that are consistent with those | 5271 |
standards of professional responsibility and practice adopted by | 5272 |
the | 5273 |
dietetics; | 5274 |
(9) Formulation of a written application form for licensure | 5275 |
or license renewal that includes the statement that any applicant | 5276 |
who knowingly makes a false statement on the application is guilty | 5277 |
of a misdemeanor of the first degree under section 2921.13 of the | 5278 |
Revised Code; | 5279 |
(10) Procedures for license renewal; | 5280 |
(11) Establishing a time period after the notification of a | 5281 |
violation of section 4759.02 of the Revised Code, by which the | 5282 |
person notified must request a hearing by the board under section | 5283 |
4759.09 of the Revised Code; | 5284 |
(12) Requirements for criminal records checks of applicants | 5285 |
under section 4776.03 of the Revised Code. | 5286 |
(B) Investigate alleged violations of sections 4759.02 to | 5287 |
4759.10 of the Revised Code. In making its investigations, the | 5288 |
board may issue subpoenas, examine witnesses, and administer | 5289 |
oaths. | 5290 |
(C) Adopt a seal; | 5291 |
(D) Conduct meetings and keep records as are necessary to | 5292 |
carry out the provisions of this chapter; | 5293 |
(E) Publish, and make available to the public, upon request | 5294 |
and for a fee not to exceed the actual cost of printing and | 5295 |
mailing, the board's rules and requirements for licensure adopted | 5296 |
under division (A) of this section and a record of all persons | 5297 |
licensed under section 4759.06 of the Revised Code. | 5298 |
Sec. 4759.06. (A) The Ohio board of dietetics shall issue or | 5299 |
renew a license to practice dietetics to an applicant who: | 5300 |
(1) Has satisfactorily completed an application for licensure | 5301 |
in accordance with division (A) of section 4759.05 of the Revised | 5302 |
Code; | 5303 |
(2) Has paid the fee required under division (A) of section | 5304 |
4759.08 of the Revised Code; | 5305 |
(3) Is a resident of the state or performs or plans to | 5306 |
perform dietetic services within the state; | 5307 |
(4) Is of good moral character; | 5308 |
(5) Has received a baccalaureate or higher degree from an | 5309 |
institution of higher education that is approved by the board or a | 5310 |
regional accreditation agency that is recognized by the council on | 5311 |
postsecondary accreditation, and has completed a program | 5312 |
consistent with the academic standards for dietitians established | 5313 |
by the | 5314 |
dietetics; | 5315 |
(6) Has successfully completed a pre-professional dietetic | 5316 |
experience approved by the | 5317 |
of nutrition and dietetics, or experience approved by the board | 5318 |
under division (A)(3) of section 4759.05 of the Revised Code; | 5319 |
(7) Has passed the examination approved by the board under | 5320 |
division (A)(1) of section 4759.05 of the Revised Code; | 5321 |
(8) Is an applicant for renewal of a license, and has | 5322 |
fulfilled the continuing education requirements adopted under | 5323 |
division (A)(6) of section 4759.05 of the Revised Code. | 5324 |
(B) The board shall waive the requirements of divisions | 5325 |
(A)(5), (6), and (7) of this section and any rules adopted under | 5326 |
division (A)(7) of section 4759.05 of the Revised Code if the | 5327 |
applicant presents satisfactory evidence to the board of current | 5328 |
registration as a registered dietitian with the commission on | 5329 |
dietetic registration. | 5330 |
(C) The board shall waive the requirements of division (A)(7) | 5331 |
of this section if the application for renewal is made within two | 5332 |
years after the date of license expiration. | 5333 |
(D) The board may waive the requirements of division (A)(5), | 5334 |
(6), or (7) of this section or any rules adopted under division | 5335 |
(A)(7) of section 4759.05 of the Revised Code, if the applicant | 5336 |
presents satisfactory evidence of education, experience, or | 5337 |
passing an examination in another state or a foreign country, that | 5338 |
the board considers the equivalent of the requirements stated in | 5339 |
those divisions or rules. | 5340 |
(E) The board shall issue an initial license to practice | 5341 |
dietetics to an applicant who meets the requirements of division | 5342 |
(A) of this section. An initial license shall be valid from the | 5343 |
date of issuance through the thirtieth day of June following | 5344 |
issuance of the license. Each subsequent license shall be valid | 5345 |
from the first day of July through the thirtieth day of June. The | 5346 |
board shall renew the license of an applicant who is licensed to | 5347 |
practice dietetics and who meets the continuing education | 5348 |
requirements of division (A)(6) of section 4759.05 of the Revised | 5349 |
Code. The renewal shall be pursuant to the standard renewal | 5350 |
procedure of sections 4745.01 to 4745.03 of the Revised Code. | 5351 |
(F) The board may grant a limited permit to a person who has | 5352 |
completed the education and pre-professional requirements of | 5353 |
divisions (A)(5) and (6) of this section and who presents evidence | 5354 |
to the board of having applied to take the examination approved by | 5355 |
the board under division (A)(1) of section 4759.05 of the Revised | 5356 |
Code. A person holding a limited permit who has failed the | 5357 |
examination shall practice only under the direct supervision of a | 5358 |
licensed dietitian. | 5359 |
(G) A licensed dietitian may place the license in inactive | 5360 |
status. | 5361 |
Sec. 4759.10. Sections 4759.01 to 4759.09 of the Revised | 5362 |
Code do not apply to any of the following: | 5363 |
(A) A person licensed under Chapters 4701. to 4755. of the | 5364 |
Revised Code who is acting within the scope of the person's | 5365 |
profession, provided that the person complies with division (B) of | 5366 |
section 4759.02 of the Revised Code; | 5367 |
(B) A person who is a graduate of an associate degree program | 5368 |
approved by the | 5369 |
and dietetics or the Ohio board of dietetics who is working as a | 5370 |
dietetic technician under the supervision of a dietitian licensed | 5371 |
under section 4759.06 of the Revised Code or registered by the | 5372 |
commission on dietetic registration, except that the person is | 5373 |
subject to division (B) of section 4759.02 of the Revised Code if | 5374 |
the person uses a title other than "dietetic technician"; | 5375 |
(C) A person who practices dietetics related to employment in | 5376 |
the armed forces, veteran's administration, or the public health | 5377 |
service of the United States; | 5378 |
(D) Persons employed by a nonprofit agency approved by the | 5379 |
board or by a federal, state, municipal or county government, or | 5380 |
by any other political subdivision, elementary or secondary | 5381 |
school, or an institution of higher education approved by the | 5382 |
board or by a regional agency recognized by the council on | 5383 |
postsecondary accreditation, who performs only nutritional | 5384 |
education activities and such other nutritional activities as the | 5385 |
board of dietetics, by rule, permits, provided the person does not | 5386 |
violate division (B) of section 4759.02 of the Revised Code; | 5387 |
(E) A person who has completed a program meeting the academic | 5388 |
standards set | 5389 |
by the academy of nutrition and dietetics, received a | 5390 |
baccalaureate or higher degree from a school, college, or | 5391 |
university approved by a regional accreditation agency recognized | 5392 |
by the council on postsecondary accreditation, works under the | 5393 |
supervision of a licensed dietitian or registered dietitian, and | 5394 |
does not violate division (B) of section 4759.02 of the Revised | 5395 |
Code; | 5396 |
(F) A person when acting, under the direction and supervision | 5397 |
of a person licensed under Chapters 4701. to 4755. of the Revised | 5398 |
Code, in the execution of a plan of treatment authorized by the | 5399 |
licensed person, provided the person complies with division (B) of | 5400 |
section 4759.02 of the Revised Code; | 5401 |
(G) The free dissemination of literature in the state; | 5402 |
(H) Provided that the persons involved in the sale, | 5403 |
promotion, or explanation of the sale of food, food materials, or | 5404 |
dietary supplements do not violate division (B) of section 4759.02 | 5405 |
of the Revised Code, the sale of food, food materials, or dietary | 5406 |
supplements and the marketing and distribution of food, food | 5407 |
materials, or dietary supplements and the promotion or explanation | 5408 |
of the use of food, food materials, or dietary supplements | 5409 |
provided that the promotion or explanation does not violate | 5410 |
Chapter 1345. of the Revised Code; | 5411 |
(I) A person who offers dietary supplements for sale and who | 5412 |
makes the following statements about the product if the statements | 5413 |
are consistent with the dietary supplement's label or labeling: | 5414 |
(1) Claim a benefit related to a classical nutrient | 5415 |
deficiency disease and disclose the prevalence of the disease in | 5416 |
the United States; | 5417 |
(2) Describe the role of a nutrient or dietary ingredient | 5418 |
intended to affect the structure or function of the human body; | 5419 |
(3) Characterize the documented mechanism by which a nutrient | 5420 |
or dietary ingredient acts to maintain the structure or function | 5421 |
of the human body; | 5422 |
(4) Describe general well-being from the consumption of a | 5423 |
nutrient or dietary ingredient. | 5424 |
(J) Provided that the persons involved in presenting a | 5425 |
general program of instruction for weight control do not violate | 5426 |
division (B) of section 4759.02 of the Revised Code, a general | 5427 |
program of instruction for weight control approved in writing by a | 5428 |
licensed dietitian, a physician licensed under Chapter 4731. of | 5429 |
the Revised Code to practice medicine or surgery or osteopathic | 5430 |
medicine or surgery, a person licensed in another state that the | 5431 |
board considers to have substantially equivalent licensure | 5432 |
requirements as this state, or a registered dietitian; | 5433 |
(K) The continued practice of dietetics at a hospital by a | 5434 |
person employed at that same hospital to practice dietetics for | 5435 |
the twenty years immediately prior to July 1, 1987, so long as the | 5436 |
person works under the supervision of a dietitian licensed under | 5437 |
section 4759.06 of the Revised Code and does not violate division | 5438 |
(B) of section 4759.02 of the Revised Code. This division does not | 5439 |
apply to any person who has held a license issued under this | 5440 |
chapter to practice dietetics. As used in this division, | 5441 |
"hospital" has the same meaning as in section 3727.01 of the | 5442 |
Revised Code. | 5443 |
Sec. 5111.222. (A) As used in this section, "low resource | 5444 |
utilization resident" means a medicaid recipient residing in a | 5445 |
nursing facility who, for purposes of calculating the nursing | 5446 |
facility's medicaid reimbursement rate for direct care costs, is | 5447 |
placed in either of the two lowest resource utilization groups, | 5448 |
excluding any resource utilization group that is a default group | 5449 |
used for residents with incomplete assessment data. | 5450 |
(B) Except as otherwise provided by sections 5111.20 to | 5451 |
5111.331 of the Revised Code and by division | 5452 |
section, the total rate that the department of job and family | 5453 |
services shall agree to pay for a fiscal year to the provider of a | 5454 |
nursing facility pursuant to a provider agreement shall equal the | 5455 |
sum of all of the following: | 5456 |
(1) The rate for direct care costs determined for the nursing | 5457 |
facility under section 5111.231 of the Revised Code; | 5458 |
(2) The rate for ancillary and support costs determined for | 5459 |
the nursing facility's ancillary and support cost peer group under | 5460 |
section 5111.24 of the Revised Code; | 5461 |
(3) The rate for tax costs determined for the nursing | 5462 |
facility under section 5111.242 of the Revised Code; | 5463 |
(4) The quality incentive payment paid to the nursing | 5464 |
facility under section 5111.244 of the Revised Code; | 5465 |
(5) If the nursing facility qualifies as a critical access | 5466 |
nursing facility, the critical access incentive payment paid to | 5467 |
the nursing facility under section 5111.246 of the Revised Code; | 5468 |
(6) The rate for capital costs determined for the nursing | 5469 |
facility's capital costs peer group under section 5111.25 of the | 5470 |
Revised Code. | 5471 |
| 5472 |
5473 | |
5474 | |
5475 | |
5476 |
(C) The total rate determined under division (B) of this | 5477 |
section shall not be paid for nursing facility services provided | 5478 |
to low resource utilization residents. Instead, the total rate for | 5479 |
nursing facility services that a nursing facility provides to low | 5480 |
resource utilization residents shall be one hundred thirty dollars | 5481 |
per medicaid day. | 5482 |
(D) In addition to paying a nursing facility provider the | 5483 |
nursing facility's total rate determined | 5484 |
under division
| 5485 |
the department shall pay the provider a quality bonus under | 5486 |
section 5111.245 of the Revised Code for that fiscal year if the | 5487 |
provider's nursing facility is a qualifying nursing facility, as | 5488 |
defined in that section, for that fiscal year. The quality bonus | 5489 |
shall not be part of the total rate. | 5490 |
Sec. 5111.231. (A) As used in this section: | 5491 |
(1) "Applicable calendar year" means the following: | 5492 |
(a) For the purpose of the department of job and family | 5493 |
services' initial determination under division (D) of this section | 5494 |
of each peer group's cost per case-mix unit, calendar year 2003; | 5495 |
(b) For the purpose of the department's rebasings, the | 5496 |
calendar year the department selects. | 5497 |
(2) "Rebasing" means a redetermination under division (D) of | 5498 |
this section of each peer groups' cost per case-mix unit using | 5499 |
information from cost reports for an applicable calendar year that | 5500 |
is later than the applicable calendar year used for the previous | 5501 |
determination of such costs. | 5502 |
(B) The department of job and family services shall pay a | 5503 |
provider for each of the provider's eligible nursing facilities a | 5504 |
per resident per day rate for direct care costs determined | 5505 |
semiannually by multiplying the cost per case-mix unit determined | 5506 |
under division (D) of this section for the facility's peer group | 5507 |
by the facility's semiannual case-mix score determined under | 5508 |
section 5111.232 of the Revised Code. | 5509 |
(C) For the purpose of determining nursing facilities' rate | 5510 |
for direct care costs, the department shall establish three peer | 5511 |
groups. | 5512 |
Each nursing facility located in any of the following | 5513 |
counties shall be placed in peer group one: Brown, Butler, | 5514 |
Clermont, Clinton, Hamilton, and Warren. | 5515 |
Each nursing facility located in any of the following | 5516 |
counties shall be placed in peer group two: Ashtabula, Champaign, | 5517 |
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 5518 |
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 5519 |
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 5520 |
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 5521 |
and Wood. | 5522 |
Each nursing facility located in any of the following | 5523 |
counties shall be placed in peer group three: Adams, Allen, | 5524 |
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 5525 |
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 5526 |
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 5527 |
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 5528 |
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 5529 |
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 5530 |
Washington, Wayne, Williams, and Wyandot. | 5531 |
(D)(1) The department shall determine a cost per case-mix | 5532 |
unit for each peer group established under division (C) of this | 5533 |
section. The department is not required to conduct a rebasing more | 5534 |
than once every ten years. Except as necessary to implement the | 5535 |
amendments made | 5536 |
and Sub. H.B. 303, both of the 129th general assembly, the cost | 5537 |
per case-mix unit determined under this division for a peer group | 5538 |
shall be used for subsequent years until the department conducts a | 5539 |
rebasing. To determine a peer group's cost per case-mix unit, the | 5540 |
department shall do all of the following: | 5541 |
(a) Determine the cost per case-mix unit for each nursing | 5542 |
facility in the peer group for the applicable calendar year by | 5543 |
dividing each facility's desk-reviewed, actual, allowable, per | 5544 |
diem direct care costs for the applicable calendar year by the | 5545 |
facility's annual average case-mix score determined under section | 5546 |
5111.232 of the Revised Code for the applicable calendar year; | 5547 |
(b) Subject to division (D)(2) of this section, identify | 5548 |
which nursing facility in the peer group is at the twenty-fifth | 5549 |
percentile of the cost per case-mix units determined under | 5550 |
division (D)(1)(a) of this section; | 5551 |
(c) Calculate the amount that is two per cent above the cost | 5552 |
per case-mix unit determined under division (D)(1)(a) of this | 5553 |
section for the nursing facility identified under division | 5554 |
(D)(1)(b) of this section; | 5555 |
(d) Using the index specified in division (D)(3) of this | 5556 |
section, multiply the rate of inflation for the eighteen-month | 5557 |
period beginning on the first day of July of the applicable | 5558 |
calendar year and ending the last day of December of the calendar | 5559 |
year immediately following the applicable calendar year by the | 5560 |
amount calculated under division (D)(1)(c) of this section; | 5561 |
(e) Until the first rebasing occurs, add one dollar and | 5562 |
eighty-eight cents to the amount calculated under division | 5563 |
(D)(1)(d) of this section; | 5564 |
(f) Until the first rebasing occurs, increase the amount | 5565 |
calculated under division (D)(1)(e) of this section by five and | 5566 |
eight hundredths per cent. | 5567 |
(2) In making the identification under division (D)(1)(b) of | 5568 |
this section, the department shall exclude both of the following: | 5569 |
(a) Nursing facilities that participated in the medicaid | 5570 |
program under the same provider for less than twelve months in the | 5571 |
applicable calendar year; | 5572 |
(b) Nursing facilities whose cost per case-mix unit is more | 5573 |
than one standard deviation from the mean cost per case-mix unit | 5574 |
for all nursing facilities in the nursing facility's peer group | 5575 |
for the applicable calendar year. | 5576 |
(3) The following index shall be used for the purpose of the | 5577 |
calculation made under division (D)(1)(d) of this section: | 5578 |
(a) Until the first rebasing occurs, the employment cost | 5579 |
index for total compensation, health services component, published | 5580 |
by the United States bureau of labor statistics, as the index | 5581 |
existed on July 1, 2005; | 5582 |
(b) Effective with the first rebasing and except as provided | 5583 |
in division (D)(3)(c) of this section, the employment cost index | 5584 |
for total compensation, nursing and residential care facilities | 5585 |
occupational group, published by the United States bureau of labor | 5586 |
statistics; | 5587 |
(c) If the United States bureau of labor statistics ceases to | 5588 |
publish the index specified in division (D)(3)(b) of this section, | 5589 |
the index the bureau subsequently publishes that covers nursing | 5590 |
facilities' staff costs. | 5591 |
(4) The department shall not redetermine a peer group's cost | 5592 |
per case-mix unit under this division based on additional | 5593 |
information that it receives after the peer group's per case-mix | 5594 |
unit is determined. The department shall redetermine a peer | 5595 |
group's cost per case-mix unit only if it made an error in | 5596 |
determining the peer group's cost per case-mix unit based on | 5597 |
information available to the department at the time of the | 5598 |
original determination. | 5599 |
Sec. 5111.24. (A) As used in this section: | 5600 |
(1) "Applicable calendar year" means the following: | 5601 |
(a) For the purpose of the department of job and family | 5602 |
services' initial determination under division (D) of this section | 5603 |
of each peer group's rate for ancillary and support costs, | 5604 |
calendar year 2003; | 5605 |
(b) For the purpose of the department's rebasings, the | 5606 |
calendar year the department selects. | 5607 |
(2) "Rebasing" means a redetermination under division (D) of | 5608 |
this section of each peer groups' rate for ancillary and support | 5609 |
costs using information from cost reports for an applicable | 5610 |
calendar year that is later than the applicable calendar year used | 5611 |
for the previous determination of such rates. | 5612 |
(B) The department of job and family services shall pay a | 5613 |
provider for each of the provider's eligible nursing facilities a | 5614 |
per resident per day rate for ancillary and support costs | 5615 |
determined for the nursing facility's peer group under division | 5616 |
(D) of this section. | 5617 |
(C) For the purpose of determining nursing facilities' rate | 5618 |
for ancillary and support costs, the department shall establish | 5619 |
six peer groups. | 5620 |
Each nursing facility located in any of the following | 5621 |
counties shall be placed in peer group one or two: Brown, Butler, | 5622 |
Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 5623 |
located in any of those counties that has fewer than one hundred | 5624 |
beds shall be placed in peer group one. Each nursing facility | 5625 |
located in any of those counties that has one hundred or more beds | 5626 |
shall be placed in peer group two. | 5627 |
Each nursing facility located in any of the following | 5628 |
counties shall be placed in peer group three or four: Ashtabula, | 5629 |
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 5630 |
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 5631 |
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 5632 |
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 5633 |
Union, and Wood. Each nursing facility located in any of those | 5634 |
counties that has fewer than one hundred beds shall be placed in | 5635 |
peer group three. Each nursing facility located in any of those | 5636 |
counties that has one hundred or more beds shall be placed in peer | 5637 |
group four. | 5638 |
Each nursing facility located in any of the following | 5639 |
counties shall be placed in peer group five or six: Adams, Allen, | 5640 |
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 5641 |
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 5642 |
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 5643 |
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 5644 |
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 5645 |
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 5646 |
Washington, Wayne, Williams, and Wyandot. Each nursing facility | 5647 |
located in any of those counties that has fewer than one hundred | 5648 |
beds shall be placed in peer group five. Each nursing facility | 5649 |
located in any of those counties that has one hundred or more beds | 5650 |
shall be placed in peer group six. | 5651 |
(D)(1) The department shall determine the rate for ancillary | 5652 |
and support costs for each peer group established under division | 5653 |
(C) of this section. The department is not required to conduct a | 5654 |
rebasing more than once every ten years. Except as necessary to | 5655 |
implement the amendments made | 5656 |
Sub. H.B. 153 and Sub. H.B. 303, both of the 129th general | 5657 |
assembly, the rate for ancillary and support costs determined | 5658 |
under this division for a peer group shall be used for subsequent | 5659 |
years until the department conducts a rebasing. To determine a | 5660 |
peer group's rate for ancillary and support costs, the department | 5661 |
shall do all of the following: | 5662 |
(a) Subject to division (D)(2) of this section, determine the | 5663 |
rate for ancillary and support costs for each nursing facility in | 5664 |
the peer group for the applicable calendar year by using the | 5665 |
greater of the nursing facility's actual inpatient days for the | 5666 |
applicable calendar year or the inpatient days the nursing | 5667 |
facility would have had for the applicable calendar year if its | 5668 |
occupancy rate had been ninety per cent; | 5669 |
(b) Subject to division (D)(3) of this section, identify | 5670 |
which nursing facility in the peer group is at the twenty-fifth | 5671 |
percentile of the rate for ancillary and support costs for the | 5672 |
applicable calendar year determined under division (D)(1)(a) of | 5673 |
this section; | 5674 |
(c) Multiply the rate for ancillary and support costs | 5675 |
determined under division (D)(1)(a) of this section for the | 5676 |
nursing facility identified under division (D)(1)(b) of this | 5677 |
section by the rate of inflation for the eighteen-month period | 5678 |
beginning on the first day of July of the applicable calendar year | 5679 |
and ending the last day of December of the calendar year | 5680 |
immediately following the applicable calendar year using the | 5681 |
following: | 5682 |
(i) Until the first rebasing occurs, the consumer price index | 5683 |
for all items for all urban consumers for the north central | 5684 |
region, published by the United States bureau of labor statistics, | 5685 |
as that index existed on July 1, 2005; | 5686 |
(ii) Effective with the first rebasing and except as provided | 5687 |
in division (D)(1)(c)(iii) of this section, the consumer price | 5688 |
index for all items for all urban consumers for the midwest | 5689 |
region, published by the United States bureau of labor statistics; | 5690 |
(iii) If the United States bureau of labor statistics ceases | 5691 |
to publish the index specified in division (D)(1)(c)(ii) of this | 5692 |
section, the index the bureau subsequently publishes that covers | 5693 |
urban consumers' prices for items for the region that includes | 5694 |
this state. | 5695 |
(d) Until the first rebasing occurs, increase the amount | 5696 |
calculated under division (D)(1)(c) of this section by five and | 5697 |
eight hundredths per cent. | 5698 |
(2) For the purpose of determining a nursing facility's | 5699 |
occupancy rate under division (D)(1)(a) of this section, the | 5700 |
department shall include any beds that the nursing facility | 5701 |
removes from its medicaid-certified capacity unless the nursing | 5702 |
facility also removes the beds from its licensed bed capacity. | 5703 |
(3) In making the identification under division (D)(1)(b) of | 5704 |
this section, the department shall exclude both of the following: | 5705 |
(a) Nursing facilities that participated in the medicaid | 5706 |
program under the same provider for less than twelve months in the | 5707 |
applicable calendar year; | 5708 |
(b) Nursing facilities whose ancillary and support costs are | 5709 |
more than one standard deviation from the mean desk-reviewed, | 5710 |
actual, allowable, per diem ancillary and support cost for all | 5711 |
nursing facilities in the nursing facility's peer group for the | 5712 |
applicable calendar year. | 5713 |
(4) The department shall not redetermine a peer group's rate | 5714 |
for ancillary and support costs under this division based on | 5715 |
additional information that it receives after the rate is | 5716 |
determined. The department shall redetermine a peer group's rate | 5717 |
for ancillary and support costs only if the department made an | 5718 |
error in determining the rate based on information available to | 5719 |
the department at the time of the original determination. | 5720 |
Sec. 5111.242. (A) As used in this section | 5721 |
(1) "Applicable calendar year" means the following: | 5722 |
| 5723 |
services' initial determination under this section of nursing | 5724 |
facilities' rate for tax costs, calendar year 2003; | 5725 |
| 5726 |
5727 | |
5728 | |
department selects. | 5729 |
(2) "Rebasing" means a redetermination under division (C) of | 5730 |
this section of each nursing facility's rate for tax costs using | 5731 |
information from cost reports for an applicable calendar year that | 5732 |
is later than the applicable calendar year used for the previous | 5733 |
determination of such rates. | 5734 |
(B) The department of job and family services shall pay a | 5735 |
provider for each of the provider's eligible nursing facilities a | 5736 |
per resident per day rate for tax costs determined under division | 5737 |
(C) of this section. | 5738 |
(C) | 5739 |
determine the rate for tax costs for each nursing facility. The | 5740 |
department is not required to conduct a rebasing more than once | 5741 |
every ten years. Except as necessary to implement the amendments | 5742 |
made to this section by Sub. H.B. 303 of the 129th general | 5743 |
assembly, the rate for tax costs determined under this division | 5744 |
for a nursing facility shall be used for subsequent years until | 5745 |
the department
| 5746 |
a nursing facility's rate for tax costs and except as provided in | 5747 |
division (D) of this section, the department shall | 5748 |
of the following: | 5749 |
(1) Divide the nursing facility's desk-reviewed, actual, | 5750 |
allowable tax costs paid for the applicable calendar year by the | 5751 |
number of inpatient days the nursing facility would have had if | 5752 |
its occupancy rate had been one hundred per cent during the | 5753 |
applicable calendar year; | 5754 |
(2) Until the first rebasing occurs, increase the amount | 5755 |
calculated under division (C)(1) of this section by five and eight | 5756 |
hundredths per cent. | 5757 |
(D) If a nursing facility had a credit regarding its real | 5758 |
estate taxes reflected on its cost report for calendar year 2003, | 5759 |
the department shall determine, as follows, its rate for tax costs | 5760 |
for the period beginning on July 1, 2010, and ending on the first | 5761 |
day of the fiscal year for which the department first | 5762 |
5763 | |
5764 |
(1) Divide the nursing facility's desk-reviewed, actual, | 5765 |
allowable tax costs paid for calendar year 2004 by the number of | 5766 |
inpatient days the nursing facility would have had if its | 5767 |
occupancy rate had been one hundred per cent during calendar year | 5768 |
2004; | 5769 |
(2) Until the first rebasing occurs, increase the amount | 5770 |
calculated under division (D)(1) of this section by five and eight | 5771 |
hundredths per cent. | 5772 |
Sec. 5111.246. (A) Each fiscal year, the department of job | 5773 |
and family services shall pay a critical access incentive payment | 5774 |
to the provider of each nursing facility that qualifies as a | 5775 |
critical access nursing facility. To qualify as a critical access | 5776 |
nursing facility for a fiscal year, a nursing facility must meet | 5777 |
all of the following requirements: | 5778 |
(1) The nursing facility must be located in an area that, on | 5779 |
December 31, 2011, was designated an empowerment zone under | 5780 |
section 1391 of the "Internal Revenue Code of 1986," 107 Stat. | 5781 |
543, 26 U.S.C. 1391, as amended. | 5782 |
(2) The nursing facility must have an occupancy rate of at | 5783 |
least eighty-five per cent as of the last day of the calendar year | 5784 |
preceding the fiscal year. | 5785 |
(3) The nursing facility must have a medicaid utilization | 5786 |
rate of at least sixty-five per cent as of the last day of the | 5787 |
calendar year preceding the fiscal year. | 5788 |
(B) A critical access nursing facility's critical access | 5789 |
incentive payment for a fiscal year shall equal five per cent of | 5790 |
the portion of the nursing facility's total rate for the fiscal | 5791 |
year that is the sum of the rates and payment identified in | 5792 |
divisions | 5793 |
Revised Code. | 5794 |
Sec. 5111.25. (A) As used in this section: | 5795 |
(1) "Applicable calendar year" means the following: | 5796 |
(a) For the purpose of the department of job and family | 5797 |
services' initial determination under division (D) of this section | 5798 |
of each peer group's rate for capital costs, calendar year 2003; | 5799 |
(b) For the purpose of the department's rebasings, the | 5800 |
calendar year the department selects. | 5801 |
(2) "Rebasing" means a redetermination under division (D) of | 5802 |
this section of each peer groups' rate for capital costs using | 5803 |
information from cost reports for an applicable calendar year that | 5804 |
is later than the applicable calendar year used for the previous | 5805 |
determination of such rates. | 5806 |
(B) The department of job and family services shall pay a | 5807 |
provider for each of the provider's eligible nursing facilities a | 5808 |
per resident per day rate for capital costs determined for the | 5809 |
nursing facility's peer group under division (D) of this section. | 5810 |
(C) For the purpose of determining nursing facilities' rate | 5811 |
for capital costs, the department shall establish six peer groups. | 5812 |
Each nursing facility located in any of the following | 5813 |
counties shall be placed in peer group one or two: Brown, Butler, | 5814 |
Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 5815 |
located in any of those counties that has fewer than one hundred | 5816 |
beds shall be placed in peer group one. Each nursing facility | 5817 |
located in any of those counties that has one hundred or more beds | 5818 |
shall be placed in peer group two. | 5819 |
Each nursing facility located in any of the following | 5820 |
counties shall be placed in peer group three or four: Ashtabula, | 5821 |
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 5822 |
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 5823 |
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 5824 |
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 5825 |
Union, and Wood. Each nursing facility located in any of those | 5826 |
counties that has fewer than one hundred beds shall be placed in | 5827 |
peer group three. Each nursing facility located in any of those | 5828 |
counties that has one hundred or more beds shall be placed in peer | 5829 |
group four. | 5830 |
Each nursing facility located in any of the following | 5831 |
counties shall be placed in peer group five or six: Adams, Allen, | 5832 |
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 5833 |
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 5834 |
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 5835 |
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 5836 |
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 5837 |
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 5838 |
Washington, Wayne, Williams, and Wyandot. Each nursing facility | 5839 |
located in any of those counties that has fewer than one hundred | 5840 |
beds shall be placed in peer group five. Each nursing facility | 5841 |
located in any of those counties that has one hundred or more beds | 5842 |
shall be placed in peer group six. | 5843 |
(D)(1) The department shall determine the rate for capital | 5844 |
costs for each peer group established under division (C) of this | 5845 |
section. The department is not required to conduct a rebasing more | 5846 |
than once every ten years. Except as necessary to implement the | 5847 |
amendments made | 5848 |
and Sub. H.B. 303, both of the 129th general assembly, the rate | 5849 |
for capital costs determined under this division for a peer group | 5850 |
shall be used for subsequent years until the department conducts a | 5851 |
rebasing. | 5852 |
5853 |
(a) Determine the rate for capital costs | 5854 |
nursing facility in the peer group that is at the twenty-fifth | 5855 |
percentile of the rate for capital costs for the applicable | 5856 |
calendar year; | 5857 |
(b) Until the first rebasing occurs, increase the amount | 5858 |
calculated under division (D)(1)(a) of this section by five and | 5859 |
eight hundredths per cent. | 5860 |
(2) To identify the nursing facility in a peer group that is | 5861 |
at the twenty-fifth percentile of the rate for capital costs for | 5862 |
the applicable calendar year, the department shall do both of the | 5863 |
following: | 5864 |
(a) Subject to division (D) | 5865 |
greater of each nursing facility's actual inpatient days for the | 5866 |
applicable calendar year or the inpatient days the nursing | 5867 |
facility would have had for the applicable calendar year if its | 5868 |
occupancy rate had been one hundred per cent; | 5869 |
(b) Exclude both of the following: | 5870 |
(i) Nursing facilities that participated in the medicaid | 5871 |
program under the same provider for less than twelve months in the | 5872 |
applicable calendar year; | 5873 |
(ii) Nursing facilities whose capital costs are more than one | 5874 |
standard deviation from the mean desk-reviewed, actual, allowable, | 5875 |
per diem capital cost for all nursing facilities in the nursing | 5876 |
facility's peer group for the applicable calendar year. | 5877 |
| 5878 |
occupancy rate under division (D) | 5879 |
department shall include any beds that the nursing facility | 5880 |
removes from its medicaid-certified capacity after June 30, 2005, | 5881 |
unless the nursing facility also removes the beds from its | 5882 |
licensed bed capacity. | 5883 |
| 5884 |
rate for capital costs under this division based on additional | 5885 |
information that it receives after the rate is determined. The | 5886 |
department shall redetermine a peer group's rate for capital costs | 5887 |
only if the department made an error in determining the rate based | 5888 |
on information available to the department at the time of the | 5889 |
original determination. | 5890 |
(E) Buildings shall be depreciated using the straight line | 5891 |
method over forty years or over a different period approved by the | 5892 |
department. Components and equipment shall be depreciated using | 5893 |
the straight-line method over a period designated in rules adopted | 5894 |
under section 5111.02 of the Revised Code, consistent with the | 5895 |
guidelines of the American hospital association, or over a | 5896 |
different period approved by the department. Any rules authorized | 5897 |
by this division that specify useful lives of buildings, | 5898 |
components, or equipment apply only to assets acquired on or after | 5899 |
July 1, 1993. Depreciation for costs paid or reimbursed by any | 5900 |
government agency shall not be included in capital costs unless | 5901 |
that part of the payment under sections 5111.20 to 5111.331 of the | 5902 |
Revised Code is used to reimburse the government agency. | 5903 |
(F) The capital cost basis of nursing facility assets shall | 5904 |
be determined in the following manner: | 5905 |
(1) Except as provided in division (F)(3) of this section, | 5906 |
for purposes of calculating the rates to be paid for facilities | 5907 |
with dates of licensure on or before June 30, 1993, the capital | 5908 |
cost basis of each asset shall be equal to the desk-reviewed, | 5909 |
actual, allowable, capital cost basis that is listed on the | 5910 |
facility's cost report for the calendar year preceding the fiscal | 5911 |
year during which the rate will be paid. | 5912 |
(2) For facilities with dates of licensure after June 30, | 5913 |
1993, the capital cost basis shall be determined in accordance | 5914 |
with the principles of the medicare program established under | 5915 |
Title XVIII, except as otherwise provided in sections 5111.20 to | 5916 |
5111.331 of the Revised Code. | 5917 |
(3) Except as provided in division (F)(4) of this section, if | 5918 |
a provider transfers an interest in a facility to another provider | 5919 |
after June 30, 1993, there shall be no increase in the capital | 5920 |
cost basis of the asset if the providers are related parties or | 5921 |
the provider to which the interest is transferred authorizes the | 5922 |
provider that transferred the interest to continue to operate the | 5923 |
facility under a lease, management agreement, or other | 5924 |
arrangement. If the previous sentence does not prohibit the | 5925 |
adjustment of the capital cost basis under this division, the | 5926 |
basis of the asset shall be adjusted by one-half of the change in | 5927 |
the consumer price index for all items for all urban consumers, as | 5928 |
published by the United States bureau of labor statistics, during | 5929 |
the time that the transferor held the asset. | 5930 |
(4) If a provider transfers an interest in a facility to | 5931 |
another provider who is a related party, the capital cost basis of | 5932 |
the asset shall be adjusted as specified in division (F)(3) of | 5933 |
this section if all of the following conditions are met: | 5934 |
(a) The related party is a relative of owner; | 5935 |
(b) Except as provided in division (F)(4)(c)(ii) of this | 5936 |
section, the provider making the transfer retains no ownership | 5937 |
interest in the facility; | 5938 |
(c) The department of job and family services determines that | 5939 |
the transfer is an arm's length transaction pursuant to rules | 5940 |
adopted under section 5111.02 of the Revised Code. The rules shall | 5941 |
provide that a transfer is an arm's length transaction if all of | 5942 |
the following apply: | 5943 |
(i) Once the transfer goes into effect, the provider that | 5944 |
made the transfer has no direct or indirect interest in the | 5945 |
provider that acquires the facility or the facility itself, | 5946 |
including interest as an owner, officer, director, employee, | 5947 |
independent contractor, or consultant, but excluding interest as a | 5948 |
creditor. | 5949 |
(ii) The provider that made the transfer does not reacquire | 5950 |
an interest in the facility except through the exercise of a | 5951 |
creditor's rights in the event of a default. If the provider | 5952 |
reacquires an interest in the facility in this manner, the | 5953 |
department shall treat the facility as if the transfer never | 5954 |
occurred when the department calculates its reimbursement rates | 5955 |
for capital costs. | 5956 |
(iii) The transfer satisfies any other criteria specified in | 5957 |
the rules. | 5958 |
(d) Except in the case of hardship caused by a catastrophic | 5959 |
event, as determined by the department, or in the case of a | 5960 |
provider making the transfer who is at least sixty-five years of | 5961 |
age, not less than twenty years have elapsed since, for the same | 5962 |
facility, the capital cost basis was adjusted most recently under | 5963 |
division (F)(4) of this section or actual, allowable cost of | 5964 |
ownership was determined most recently under division (G)(9) of | 5965 |
this section. | 5966 |
(G) As used in this division: | 5967 |
"Imputed interest" means the lesser of the prime rate plus | 5968 |
two per cent or ten per cent. | 5969 |
"Lease expense" means lease payments in the case of an | 5970 |
operating lease and depreciation expense and interest expense in | 5971 |
the case of a capital lease. | 5972 |
"New lease" means a lease, to a different lessee, of a | 5973 |
nursing facility that previously was operated under a lease. | 5974 |
(1) Subject to division (B) of this section, for a lease of a | 5975 |
facility that was effective on May 27, 1992, the entire lease | 5976 |
expense is an actual, allowable capital cost during the term of | 5977 |
the existing lease. The entire lease expense also is an actual, | 5978 |
allowable capital cost if a lease in existence on May 27, 1992, is | 5979 |
renewed under either of the following circumstances: | 5980 |
(a) The renewal is pursuant to a renewal option that was in | 5981 |
existence on May 27, 1992; | 5982 |
(b) The renewal is for the same lease payment amount and | 5983 |
between the same parties as the lease in existence on May 27, | 5984 |
1992. | 5985 |
(2) Subject to division (B) of this section, for a lease of a | 5986 |
facility that was in existence but not operated under a lease on | 5987 |
May 27, 1992, actual, allowable capital costs shall include the | 5988 |
lesser of the annual lease expense or the annual depreciation | 5989 |
expense and imputed interest expense that would be calculated at | 5990 |
the inception of the lease using the lessor's entire historical | 5991 |
capital asset cost basis, adjusted by one-half of the change in | 5992 |
the consumer price index for all items for all urban consumers, as | 5993 |
published by the United States bureau of labor statistics, during | 5994 |
the time the lessor held each asset until the beginning of the | 5995 |
lease. | 5996 |
(3) Subject to division (B) of this section, for a lease of a | 5997 |
facility with a date of licensure on or after May 27, 1992, that | 5998 |
is initially operated under a lease, actual, allowable capital | 5999 |
costs shall include the annual lease expense if there was a | 6000 |
substantial commitment of money for construction of the facility | 6001 |
after December 22, 1992, and before July 1, 1993. If there was not | 6002 |
a substantial commitment of money after December 22, 1992, and | 6003 |
before July 1, 1993, actual, allowable capital costs shall include | 6004 |
the lesser of the annual lease expense or the sum of the | 6005 |
following: | 6006 |
(a) The annual depreciation expense that would be calculated | 6007 |
at the inception of the lease using the lessor's entire historical | 6008 |
capital asset cost basis; | 6009 |
(b) The greater of the lessor's actual annual amortization of | 6010 |
financing costs and interest expense at the inception of the lease | 6011 |
or the imputed interest expense calculated at the inception of the | 6012 |
lease using seventy per cent of the lessor's historical capital | 6013 |
asset cost basis. | 6014 |
(4) Subject to division (B) of this section, for a lease of a | 6015 |
facility with a date of licensure on or after May 27, 1992, that | 6016 |
was not initially operated under a lease and has been in existence | 6017 |
for ten years, actual, allowable capital costs shall include the | 6018 |
lesser of the annual lease expense or the annual depreciation | 6019 |
expense and imputed interest expense that would be calculated at | 6020 |
the inception of the lease using the entire historical capital | 6021 |
asset cost basis of one-half of the change in the consumer price | 6022 |
index for all items for all urban consumers, as published by the | 6023 |
United States bureau of labor statistics, during the time the | 6024 |
lessor held each asset until the beginning of the lease. | 6025 |
(5) Subject to division (B) of this section, for a new lease | 6026 |
of a facility that was operated under a lease on May 27, 1992, | 6027 |
actual, allowable capital costs shall include the lesser of the | 6028 |
annual new lease expense or the annual old lease payment. If the | 6029 |
old lease was in effect for ten years or longer, the old lease | 6030 |
payment from the beginning of the old lease shall be adjusted by | 6031 |
one-half of the change in the consumer price index for all items | 6032 |
for all urban consumers, as published by the United States bureau | 6033 |
of labor statistics, from the beginning of the old lease to the | 6034 |
beginning of the new lease. | 6035 |
(6) Subject to division (B) of this section, for a new lease | 6036 |
of a facility that was not in existence or that was in existence | 6037 |
but not operated under a lease on May 27, 1992, actual, allowable | 6038 |
capital costs shall include the lesser of annual new lease expense | 6039 |
or the annual amount calculated for the old lease under division | 6040 |
(G)(2), (3), (4), or (6) of this section, as applicable. If the | 6041 |
old lease was in effect for ten years or longer, the lessor's | 6042 |
historical capital asset cost basis shall be, for purposes of | 6043 |
calculating the annual amount under division (G)(2), (3), (4), or | 6044 |
(6) of this section, adjusted by one-half of the change in the | 6045 |
consumer price index for all items for all urban consumers, as | 6046 |
published by the United States bureau of labor statistics, from | 6047 |
the beginning of the old lease to the beginning of the new lease. | 6048 |
In the case of a lease under division (G)(3) of this section | 6049 |
of a facility for which a substantial commitment of money was made | 6050 |
after December 22, 1992, and before July 1, 1993, the old lease | 6051 |
payment shall be adjusted for the purpose of determining the | 6052 |
annual amount. | 6053 |
(7) For any revision of a lease described in division (G)(1), | 6054 |
(2), (3), (4), (5), or (6) of this section, or for any subsequent | 6055 |
lease of a facility operated under such a lease, other than | 6056 |
execution of a new lease, the portion of actual, allowable capital | 6057 |
costs attributable to the lease shall be the same as before the | 6058 |
revision or subsequent lease. | 6059 |
(8) Except as provided in division (G)(9) of this section, if | 6060 |
a provider leases an interest in a facility to another provider | 6061 |
who is a related party or previously operated the facility, the | 6062 |
related party's or previous operator's actual, allowable capital | 6063 |
costs shall include the lesser of the annual lease expense or the | 6064 |
reasonable cost to the lessor. | 6065 |
(9) If a provider leases an interest in a facility to another | 6066 |
provider who is a related party, regardless of the date of the | 6067 |
lease, the related party's actual, allowable capital costs shall | 6068 |
include the annual lease expense, subject to the limitations | 6069 |
specified in divisions (G)(1) to (7) of this section, if all of | 6070 |
the following conditions are met: | 6071 |
(a) The related party is a relative of owner; | 6072 |
(b) If the lessor retains an ownership interest, it is, | 6073 |
except as provided in division (G)(9)(c)(ii) of this section, in | 6074 |
only the real property and any improvements on the real property; | 6075 |
(c) The department of job and family services determines that | 6076 |
the lease is an arm's length transaction pursuant to rules adopted | 6077 |
under section 5111.02 of the Revised Code. The rules shall provide | 6078 |
that a lease is an arm's length transaction if all of the | 6079 |
following apply: | 6080 |
(i) Once the lease goes into effect, the lessor has no direct | 6081 |
or indirect interest in the lessee or, except as provided in | 6082 |
division (G)(9)(b) of this section, the facility itself, including | 6083 |
interest as an owner, officer, director, employee, independent | 6084 |
contractor, or consultant, but excluding interest as a lessor. | 6085 |
(ii) The lessor does not reacquire an interest in the | 6086 |
facility except through the exercise of a lessor's rights in the | 6087 |
event of a default. If the lessor reacquires an interest in the | 6088 |
facility in this manner, the department shall treat the facility | 6089 |
as if the lease never occurred when the department calculates its | 6090 |
reimbursement rates for capital costs. | 6091 |
(iii) The lease satisfies any other criteria specified in the | 6092 |
rules. | 6093 |
(d) Except in the case of hardship caused by a catastrophic | 6094 |
event, as determined by the department, or in the case of a lessor | 6095 |
who is at least sixty-five years of age, not less than twenty | 6096 |
years have elapsed since, for the same facility, the capital cost | 6097 |
basis was adjusted most recently under division (F)(4) of this | 6098 |
section or actual, allowable capital costs were determined most | 6099 |
recently under division (G)(9) of this section. | 6100 |
(10) This division does not apply to leases of specific items | 6101 |
of equipment. | 6102 |
Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811 | 6103 |
of the Revised Code: | 6104 |
(1) "Adult" means an individual at least eighteen years of | 6105 |
age. | 6106 |
(2) "Authorized representative" means the following: | 6107 |
(a) In the case of a consumer who is a minor, the consumer's | 6108 |
parent, custodian, or guardian; | 6109 |
(b) In the case of a consumer who is an adult, an individual | 6110 |
selected by the consumer pursuant to section 5111.8810 of the | 6111 |
Revised Code to act on the consumer's behalf for purposes | 6112 |
regarding home care attendant services. | 6113 |
(3) "Authorizing health care professional" means a health | 6114 |
care professional who, pursuant to section 5111.887 of the Revised | 6115 |
Code, authorizes a home care attendant to assist a consumer with | 6116 |
self-administration of medication, nursing tasks, or both. | 6117 |
(4) "Consumer" means an individual to whom all of the | 6118 |
following apply: | 6119 |
(a) The individual is enrolled in a participating medicaid | 6120 |
waiver component. | 6121 |
(b) The individual has a medically determinable physical | 6122 |
impairment to which both of the following apply: | 6123 |
(i) It is expected to last for a continuous period of not | 6124 |
less than twelve months. | 6125 |
(ii) It causes the individual to require assistance with | 6126 |
activities of daily living, self-care, and mobility, including | 6127 |
either assistance with self-administration of medication or the | 6128 |
performance of nursing tasks, or both. | 6129 |
(c) In the case of an individual who is an adult, the | 6130 |
individual is mentally alert and is, or has an authorized | 6131 |
representative who is, capable of selecting, directing the actions | 6132 |
of, and dismissing a home care attendant. | 6133 |
(d) In the case of an individual who is a minor, the | 6134 |
individual has an authorized representative who is capable of | 6135 |
selecting, directing the actions of, and dismissing a home care | 6136 |
attendant. | 6137 |
(5) "Controlled substance" has the same meaning as in section | 6138 |
3719.01 of the Revised Code. | 6139 |
(6) "Custodian" has the same meaning as in section 2151.011 | 6140 |
of the Revised Code. | 6141 |
(7) "Gastrostomy tube" means a percutaneously inserted | 6142 |
catheter that terminates in the stomach. | 6143 |
(8) "Guardian" has the same meaning as in section 2111.01 of | 6144 |
the Revised Code. | 6145 |
(9) "Health care professional" means a physician or | 6146 |
registered nurse. | 6147 |
(10) "Home care attendant" means an individual holding a | 6148 |
valid medicaid provider agreement in accordance with section | 6149 |
5111.881 of the Revised Code that authorizes the individual to | 6150 |
provide home care attendant services to consumers. | 6151 |
(11) "Home care attendant services" means all of the | 6152 |
following as provided by a home care attendant: | 6153 |
(a) Personal care aide services; | 6154 |
(b) Assistance with the self-administration of medication; | 6155 |
(c) Assistance with nursing tasks. | 6156 |
(12) "Jejunostomy tube" means a percutaneously inserted | 6157 |
catheter that terminates in the jejunum. | 6158 |
(13) "Medicaid waiver component" has the same meaning as in | 6159 |
section 5111.85 of the Revised Code. | 6160 |
(14) "Medication" means a drug as defined in section 4729.01 | 6161 |
of the Revised Code. | 6162 |
(15) "Minor" means an individual under eighteen years of age. | 6163 |
(16) "Participating medicaid waiver component" means both of | 6164 |
the following: | 6165 |
(a) The Ohio home care program created under section 5111.861 | 6166 |
of the Revised Code; | 6167 |
(b) The Ohio transitions II aging carve-out program created | 6168 |
under section 5111.863 of the Revised Code. | 6169 |
(17) "Physician" means an individual authorized under Chapter | 6170 |
4731. of the Revised Code to practice medicine and surgery or | 6171 |
osteopathic medicine and surgery. | 6172 |
(18) "Practice of nursing as a registered nurse," "practice | 6173 |
of nursing as a licensed practical nurse," and "registered nurse" | 6174 |
have the same meanings as in section 4723.01 of the Revised Code. | 6175 |
"Registered nurse" includes an advanced practice registered nurse, | 6176 |
as defined in section 4723.01 of the Revised Code. | 6177 |
(19) "Schedule II," "schedule III," "schedule IV," and | 6178 |
"schedule V" have the same meanings as in section 3719.01 of the | 6179 |
Revised Code. | 6180 |
(B) The director of job and family services may submit | 6181 |
requests to the United States secretary of health and human | 6182 |
services to amend the federal medicaid waivers authorizing the | 6183 |
participating medicaid waiver components to have those components | 6184 |
cover home care attendant services in accordance with sections | 6185 |
5111.88 to 5111.8810 of the Revised Code and rules adopted under | 6186 |
section 5111.8811 of the Revised Code. Notwithstanding sections | 6187 |
5111.881 to 5111.8811 of the Revised Code, those sections shall be | 6188 |
implemented regarding a participating medicaid waiver component | 6189 |
only if the secretary approves a waiver amendment for the | 6190 |
component. | 6191 |
Sec. 5111.981. (A) As used in this section and section | 6192 |
5111.982 of the Revised Code: | 6193 |
"Dual eligible individual" has the same meaning as in | 6194 |
6195 | |
section 1915(h)(2)(B), 42 U.S.C. 1396n(h)(2)(B). | 6196 |
"Medicare | 6197 |
6198 | |
XVIII, 42 U.S.C. 1395 et seq., as amended. | 6199 |
(B) Subject to division (C) of this section, the medical | 6200 |
assistance director | 6201 |
demonstration project called the integrated care delivery system | 6202 |
to test and evaluate the integration of the care that dual | 6203 |
eligible individuals receive under | 6204 |
6205 | |
the
| 6206 |
provision implements or incorporates a provision of federal law | 6207 |
governing | 6208 |
does not apply to the | 6209 |
(C) Before implementing the | 6210 |
care delivery system under division (B) of this section, the | 6211 |
director shall obtain the approval of the United States secretary | 6212 |
of health and human services in the form of a federal medicaid | 6213 |
waiver, medicaid state plan amendment, or demonstration grant. The | 6214 |
director is required to seek the federal approval only if the | 6215 |
director seeks to implement the | 6216 |
care delivery system. The director shall implement the | 6217 |
6218 | |
accordance with the terms of the federal approval, including the | 6219 |
terms regarding the duration of the | 6220 |
Sec. 5111.982. (A) As used in this section: | 6221 |
"Covered skilled nursing facility services" has the same | 6222 |
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42 | 6223 |
U.S.C. 1395yy(e)(2)(A). | 6224 |
"Current medicare fee-for-service rate" means the | 6225 |
fee-for-service rate in effect for a covered skilled nursing | 6226 |
facility service under medicare at the time the service is | 6227 |
provided. | 6228 |
"Skilled nursing facility" has the same meaning as in the | 6229 |
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a). | 6230 |
(B) Except as provided in division (C) of this section, a | 6231 |
managed care organization shall pay a skilled nursing facility at | 6232 |
least the current medicare fee-for-service rate, without deduction | 6233 |
for any coinsurance, for covered skilled nursing facility services | 6234 |
that the skilled nursing facility provides to a dual eligible | 6235 |
individual if the managed care organization is responsible for the | 6236 |
payment under the terms of a contract that the managed care | 6237 |
organization, medical assistance director, and United States | 6238 |
secretary of health and human services jointly enter into under | 6239 |
the integrated care delivery system authorized by section 5111.981 | 6240 |
of the Revised Code. | 6241 |
(C) A managed care organization is required to pay the rate | 6242 |
specified in division (B) of this section for covered skilled | 6243 |
nursing facility services only if all of the following apply: | 6244 |
(1) The United States secretary agrees to the payment rate as | 6245 |
part of the contract that the managed care organization, medical | 6246 |
assistance director, and United States secretary jointly enter | 6247 |
into under the integrated care delivery system; | 6248 |
(2) The managed care organization receives a federal | 6249 |
capitation payment that is an actuarially sufficient amount for | 6250 |
the costs that the managed care organization incurs in paying the | 6251 |
rate; | 6252 |
(3) No state funds are used for any part of the costs that | 6253 |
the managed care organization incurs in paying the rate; | 6254 |
(4) The integrated care delivery system provides for dual | 6255 |
eligible individuals to receive the covered skilled nursing | 6256 |
facility services as part of the system. | 6257 |
Sec. 5120.55. (A) As used in this section, "licensed health | 6258 |
professional" means any or all of the following: | 6259 |
(1) A dentist who holds a current, valid license issued under | 6260 |
Chapter 4715. of the Revised Code to practice dentistry; | 6261 |
(2) A licensed practical nurse who holds a current, valid | 6262 |
license issued under Chapter 4723. of the Revised Code that | 6263 |
authorizes the practice of nursing as a licensed practical nurse; | 6264 |
(3) An optometrist who holds a current, valid certificate of | 6265 |
licensure issued under Chapter 4725. of the Revised Code that | 6266 |
authorizes the holder to engage in the practice of optometry; | 6267 |
(4) A physician who is authorized under Chapter 4731. of the | 6268 |
Revised Code to practice medicine and surgery, osteopathic | 6269 |
medicine and surgery, or | 6270 |
(5) A psychologist who holds a current, valid license issued | 6271 |
under Chapter 4732. of the Revised Code that authorizes the | 6272 |
practice of psychology as a licensed psychologist; | 6273 |
(6) A registered nurse who holds a current, valid license | 6274 |
issued under Chapter 4723. of the Revised Code that authorizes the | 6275 |
practice of nursing as a registered nurse | 6276 |
6277 | |
an advanced practice registered nurse as defined in section | 6278 |
4723.01 of the Revised Code. | 6279 |
(B)(1) The department of rehabilitation and correction may | 6280 |
establish a recruitment program under which the department, by | 6281 |
means of a contract entered into under division (C) of this | 6282 |
section, agrees to repay all or part of the principal and interest | 6283 |
of a government or other educational loan incurred by a licensed | 6284 |
health professional who agrees to provide services to inmates of | 6285 |
correctional institutions under the department's administration. | 6286 |
(2)(a) For a physician to be eligible to participate in the | 6287 |
program, the physician must have attended a school that was, | 6288 |
during the time of attendance, a medical school or osteopathic | 6289 |
medical school in this country accredited by the liaison committee | 6290 |
on medical education or the American osteopathic association, a | 6291 |
college of podiatry in this country recognized as being in good | 6292 |
standing under section 4731.53 of the Revised Code, or a medical | 6293 |
school, osteopathic medical school, or college of podiatry located | 6294 |
outside this country that was acknowledged by the world health | 6295 |
organization and verified by a member state of that organization | 6296 |
as operating within that state's jurisdiction. | 6297 |
(b) For a nurse to be eligible to participate in the program, | 6298 |
the nurse must have attended a school that was, during the time of | 6299 |
attendance, a nursing school in this country accredited by the | 6300 |
commission on collegiate nursing education or the national league | 6301 |
for nursing accrediting commission or a nursing school located | 6302 |
outside this country that was acknowledged by the world health | 6303 |
organization and verified by a member state of that organization | 6304 |
as operating within that state's jurisdiction. | 6305 |
(c) For a dentist to be eligible to participate in the | 6306 |
program, the dentist must have attended a school that was, during | 6307 |
the time of attendance, a dental college that enabled the dentist | 6308 |
to meet the requirements specified in section 4715.10 of the | 6309 |
Revised Code to be granted a license to practice dentistry. | 6310 |
(d) For an optometrist to be eligible to participate in the | 6311 |
program, the optometrist must have attended a school of optometry | 6312 |
that was, during the time of attendance, approved by the state | 6313 |
board of optometry. | 6314 |
(e) For a psychologist to be eligible to participate in the | 6315 |
program, the psychologist must have attended an educational | 6316 |
institution that, during the time of attendance, maintained a | 6317 |
specific degree program recognized by the state board of | 6318 |
psychology as acceptable for fulfilling the requirement of | 6319 |
division (B)(4) of section 4732.10 of the Revised Code. | 6320 |
(C) The department shall enter into a contract with each | 6321 |
licensed health professional it recruits under this section. Each | 6322 |
contract shall include at least the following terms: | 6323 |
(1) The licensed health professional agrees to provide a | 6324 |
specified scope of medical, osteopathic medical, podiatric, | 6325 |
optometric, psychological, nursing, or dental services to inmates | 6326 |
of one or more specified state correctional institutions for a | 6327 |
specified number of hours per week for a specified number of | 6328 |
years. | 6329 |
(2) The department agrees to repay all or a specified portion | 6330 |
of the principal and interest of a government or other educational | 6331 |
loan taken by the licensed health professional for the following | 6332 |
expenses to attend, for up to a maximum of four years, a school | 6333 |
that qualifies the licensed health professional to participate in | 6334 |
the program: | 6335 |
(a) Tuition; | 6336 |
(b) Other educational expenses for specific purposes, | 6337 |
including fees, books, and laboratory expenses, in amounts | 6338 |
determined to be reasonable in accordance with rules adopted under | 6339 |
division (D) of this section; | 6340 |
(c) Room and board, in an amount determined to be reasonable | 6341 |
in accordance with rules adopted under division (D) of this | 6342 |
section. | 6343 |
(3) The licensed health professional agrees to pay the | 6344 |
department a specified amount, which shall be no less than the | 6345 |
amount already paid by the department pursuant to its agreement, | 6346 |
as damages if the licensed health professional fails to complete | 6347 |
the service obligation agreed to or fails to comply with other | 6348 |
specified terms of the contract. The contract may vary the amount | 6349 |
of damages based on the portion of the service obligation that | 6350 |
remains uncompleted. | 6351 |
(4) Other terms agreed upon by the parties. | 6352 |
The licensed health professional's lending institution or the | 6353 |
Ohio board of regents, may be a party to the contract. The | 6354 |
contract may include an assignment to the department of the | 6355 |
licensed health professional's duty to repay the principal and | 6356 |
interest of the loan. | 6357 |
(D) If the department elects to implement the recruitment | 6358 |
program, it shall adopt rules in accordance with Chapter 119. of | 6359 |
the Revised Code that establish all of the following: | 6360 |
(1) Criteria for designating institutions for which licensed | 6361 |
health professionals will be recruited; | 6362 |
(2) Criteria for selecting licensed health professionals for | 6363 |
participation in the program; | 6364 |
(3) Criteria for determining the portion of a loan which the | 6365 |
department will agree to repay; | 6366 |
(4) Criteria for determining reasonable amounts of the | 6367 |
expenses described in divisions (C)(2)(b) and (c) of this section; | 6368 |
(5) Procedures for monitoring compliance by a licensed health | 6369 |
professional with the terms of the contract the licensed health | 6370 |
professional enters into under this section; | 6371 |
(6) Any other criteria or procedures necessary to implement | 6372 |
the program. | 6373 |
Section 2. That existing sections 2305.113, 2305.234, | 6374 |
2711.22, 3701.92, 3701.923, 3701.924, 3701.925, 3701.926, | 6375 |
3701.927, 3701.928, 3701.929, 3793.11, 3963.01, 4503.44, 4723.01, | 6376 |
4723.03, 4723.06, 4723.063, 4723.07, 4723.08, 4723.09, 4723.17, | 6377 |
4723.171, 4723.24, 4723.271, 4723.28, 4723.32, 4723.34, 4723.35, | 6378 |
4723.41, 4723.42, 4723.43, 4723.431, 4723.44, 4723.48, 4723.482, | 6379 |
4723.485, 4723.487, 4723.50, 4723.61, 4723.64, 4723.65, 4723.651, | 6380 |
4723.652, 4723.66, 4723.67, 4723.68, 4723.69, 4723.71, 4723.72, | 6381 |
4723.73, 4723.74, 4723.75, 4723.751, 4723.76, 4723.77, 4723.79, | 6382 |
4723.83, 4723.84, 4723.87, 4723.88, 4723.99, 4759.01, 4759.03, | 6383 |
4759.05, 4759.06, 4759.10, 5111.222, 5111.231, 5111.24, 5111.242, | 6384 |
5111.246, 5111.25, 5111.88, 5111.981, and 5120.55 and sections | 6385 |
4723.483, 4723.62, 4723.621, 4723.63, and 4723.78 of the | 6386 |
Revised Code are hereby repealed. | 6387 |
Section 3. That Section 3.19 of Am. Sub. H.B. 95 of the 125th | 6388 |
General Assembly be amended to read as follows: | 6389 |
Sec. 3.19. Section 4723.063 of the Revised Code is hereby | 6390 |
repealed, effective December 31, | 6391 |
Section 4. That existing Section 3.19 of Am. Sub. H.B. 95 of | 6392 |
the 125th General Assembly is hereby repealed. | 6393 |
Section 5. Sections 1 to 4 of this act take effect ninety | 6394 |
days after the effective date of this act, except as follows: | 6395 |
(A) Section 3793.11 of the Revised Code, as amended by this | 6396 |
act, takes effect at the earliest time permitted by law; | 6397 |
(B) Sections 5111.22, 5111.231, 5111.24, 5111.242, 5111.246, | 6398 |
and 5111.25 of the Revised Code, as amended by this act, take | 6399 |
effect July 1, 2013. | 6400 |
Section 6. In the case of an application pending on the | 6401 |
effective date of this section for a license to maintain methadone | 6402 |
treatment, the requirement of division (C)(6) of section 3793.11 | 6403 |
of the Revised Code, as amended by this act, shall be applied by | 6404 |
the Department of Alcohol and Drug Addiction Services in | 6405 |
determining whether to issue the license. The Department may waive | 6406 |
the requirement pursuant to division (D) of section 3793.11 of the | 6407 |
Revised Code, as amended by this act. | 6408 |
Section 7. (A) Notwithstanding the provisions of section | 6409 |
4723.482 of the Revised Code specifying that the course of study | 6410 |
in advanced pharmacology and related topics that must be completed | 6411 |
as a condition of eligibility to receive a certificate to | 6412 |
prescribe from the Board of Nursing is to consist of planned | 6413 |
classroom and clinical instruction, the Board may accept | 6414 |
instruction completed in another form, including instruction | 6415 |
obtained through an internet-based program, as fulfillment of all | 6416 |
or part of the requirement of division (B)(5)(d) of that section | 6417 |
to complete instruction specific to schedule II controlled | 6418 |
substances. To be accepted by the Board, the instruction obtained | 6419 |
in another form shall meet all other standards established in | 6420 |
rules adopted under section 4723.50 of the Revised Code regarding | 6421 |
the required instruction specific to schedule II controlled | 6422 |
substances. | 6423 |
(B) Division (A) of this section applies only in the case of | 6424 |
an applicant who completed the required course of study prior to | 6425 |
the effective date of this section and does not alter the | 6426 |
requirement of division (B)(1) of section 4723.482 of the Revised | 6427 |
Code that the course of study be completed not longer than three | 6428 |
years before an application for a certificate to prescribe is | 6429 |
filed. | 6430 |
Section 8. (A) As used in this section, "intermediate care | 6431 |
facility for individuals with intellectual disabilities" and | 6432 |
"ICF/IID" mean an intermediate care facility for the mentally | 6433 |
retarded as defined in the "Social Security Act," section 1905(d), | 6434 |
42 U.S.C. 1396d(d). | 6435 |
(B) The Department of Developmental Disabilities may conduct | 6436 |
or contract with another entity to conduct, for the first quarter | 6437 |
of calendar year 2013, assessments of all residents of each | 6438 |
ICF/IID, regardless of payment source, who are in the ICF/IID, or | 6439 |
on hospital or therapeutic leave from the ICF/IID, on the day or | 6440 |
days that the assessments are conducted at the ICF/IID. | 6441 |
(C) If assessments are conducted under division (B) of this | 6442 |
section, the Department shall do all of the following: | 6443 |
(1) In conducting the assessments, provide for both of the | 6444 |
following: | 6445 |
(a) The resident assessment instrument prescribed in rules | 6446 |
authorized by division (B) of section 5111.232 of the Revised Code | 6447 |
to be used in accordance with an inter-rater reliable process; | 6448 |
(b) The assessments to be performed by individuals who meet | 6449 |
the requirements to be qualified intellectual disability | 6450 |
professionals, as specified in 42 C.F.R. 483.430(a). | 6451 |
(2) Use the data obtained from the assessments to determine | 6452 |
each ICF/IID's case-mix score for the first quarter of calendar | 6453 |
year 2013; | 6454 |
(3) For the purpose of determining each ICF/IID's fiscal year | 6455 |
2014 Medicaid rates for direct care costs and subject to divisions | 6456 |
(C)(8) and (E) of this section, do both of the following: | 6457 |
(a) In determining costs per case-mix units and maximum costs | 6458 |
per case-mix units for the purpose of division (B) of section | 6459 |
5111.23 of the Revised Code, use each ICF/IID's case-mix score | 6460 |
determined under division (C)(2) of this section in place of the | 6461 |
ICF/IID's average case-mix score for calendar year 2012; | 6462 |
(b) Instead of determining quarterly Medicaid rates for the | 6463 |
direct care costs of each ICF/IID pursuant to division (D) of | 6464 |
section 5111.23 of the Revised Code, determine, as follows, one | 6465 |
Medicaid rate for the direct care costs of each ICF/IID to be paid | 6466 |
for all of fiscal year 2014: | 6467 |
(i) Multiply the ICF/IID's case-mix score determined under | 6468 |
division (C)(2) of this section by the lesser of the cost per | 6469 |
case-mix unit determined for the ICF/IID pursuant to division | 6470 |
(C)(3)(a) of this section or the maximum cost per case-mix unit | 6471 |
determined for the ICF/IID's peer group pursuant to division | 6472 |
(C)(3)(a) of this section; | 6473 |
(ii) Adjust the product determined under division | 6474 |
(C)(3)(b)(i) of this section by the inflation rate estimated in | 6475 |
accordance with division (B)(3) of section 5111.23 of the Revised | 6476 |
Code. | 6477 |
(4) For the purpose of determining each ICF/IID's fiscal year | 6478 |
2015 Medicaid rates for direct care costs and subject to division | 6479 |
(C)(8) of this section, use the following when determining, | 6480 |
pursuant to the second paragraph of division (C) of section | 6481 |
5111.232 of the Revised Code, each ICF/IID's annual average | 6482 |
case-mix score for calendar year 2013: | 6483 |
(a) For the first quarter of calendar year 2013, the | 6484 |
ICF/IID's case-mix score determined under division (C)(2) of this | 6485 |
section; | 6486 |
(b) For the last three quarters of calendar year 2013 and | 6487 |
except as provided in division (D) of section 5111.232 of the | 6488 |
Revised Code, the ICF/IID's case-mix scores determined by using | 6489 |
the data the ICF/IID provider compiles in accordance with the | 6490 |
first paragraph of division (C) of section 5111.232 of the Revised | 6491 |
Code. | 6492 |
(5) Notify each ICF/IID provider that the provider is | 6493 |
permitted but not required to compile assessment data for the | 6494 |
first quarter of calendar year 2013 pursuant to the first | 6495 |
paragraph of division (C) of section 5111.232 of the Revised Code; | 6496 |
(6) After the assessments of all of an ICF/IID's residents | 6497 |
are completed but not later than April 30, 2013, provide, or have | 6498 |
the entity (if any) with which the Department contracts pursuant | 6499 |
to division (B) of this section provide, the results of the | 6500 |
assessments to the ICF/IID provider; | 6501 |
(7) Conduct, in accordance with division (C)(8) of this | 6502 |
section, a reconsideration for any ICF/IID provider who does both | 6503 |
of the following: | 6504 |
(a) Submits a written request for the reconsideration to the | 6505 |
Department not later than fifteen days after the provider receives | 6506 |
the assessments' results pursuant to division (C)(6) of this | 6507 |
section; | 6508 |
(b) Includes in the request all of the following: | 6509 |
(i) A detailed explanation of the items in the assessments' | 6510 |
results that the provider disputes; | 6511 |
(ii) Copies of relevant supporting documentation from | 6512 |
specific resident records; | 6513 |
(iii) The provider's proposed resolution of the disputes. | 6514 |
(8) When conducting a reconsideration required by division | 6515 |
(C)(7) of this section, do both of the following: | 6516 |
(a) Consider all of the following: | 6517 |
(i) The historic results of the resident assessments | 6518 |
performed pursuant to the first paragraph of division (C) of | 6519 |
section 5111.232 of the Revised Code by the ICF/IID provider who | 6520 |
requested the reconsideration; | 6521 |
(ii) All of the materials the provider includes in the | 6522 |
reconsideration request; | 6523 |
(iii) All other matters the Department determines necessary | 6524 |
for consideration. | 6525 |
(b) Issue a written decision regarding the reconsideration | 6526 |
not later than the sooner of the following: | 6527 |
(i) Thirty days after the Department receives the | 6528 |
reconsideration request; | 6529 |
(ii) June 1, 2013. | 6530 |
(D) The Department's decision regarding a reconsideration | 6531 |
required by division (C)(7) of this section is final and not | 6532 |
subject to further appeal. | 6533 |
(E) Regardless of what an ICF/IID's case-mix score is | 6534 |
determined to be under division (C)(2) of this section or pursuant | 6535 |
to a reconsideration required by division (C)(7) of this section, | 6536 |
no such case-mix score shall cause an ICF/IID's fiscal year 2014 | 6537 |
Medicaid rate for direct care costs to be less than ninety per | 6538 |
cent of its June 30, 2013, Medicaid rate for direct care costs. | 6539 |
(F) No ICF/IID provider shall be treated as having failed, | 6540 |
for the first quarter of calendar year 2013, to timely submit data | 6541 |
necessary to determine the ICF/IID's case-mix score for that | 6542 |
quarter if the assessment is to be conducted under division (B) of | 6543 |
this section. | 6544 |
(G) The Department may provide for assessments to be | 6545 |
conducted under division (B) of this section and, if it so | 6546 |
provides, shall comply with the other divisions of this section | 6547 |
notwithstanding anything to the contrary in sections 5111.20, | 6548 |
5111.23, and 5111.232 of the Revised Code. | 6549 |
Section 9. This act is hereby declared to be an emergency | 6550 |
measure necessary for the immediate preservation of the public | 6551 |
peace, health, and safety. The reason for such necessity is that | 6552 |
the certain reforms included in the provisions of this act are | 6553 |
immediately needed to ensure the efficient regulation of nursing | 6554 |
services in this state, to create a safe environment for the youth | 6555 |
of this state while also fulfilling the need to deliver effective | 6556 |
addiction services to others, and to establish appropriate systems | 6557 |
for conducting assessments of residents of facilities providing | 6558 |
needed care to individuals in this state with intellectual | 6559 |
disabilities. Therefore, this act shall go into immediate effect. | 6560 |