Sub. H. B. No. 165 As Passed by the Senate

(E) Investigate complaints concerning alleged violations of

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section 4761.10 of the Revised Code or grounds for the suspension,

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permanent revocation, or refusal to issue licenses or limited

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permits under section 3123.47 or 4761.09 of the Revised Code. The

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board shall employ investigators who shall, under the direction of

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the executive director of the board, investigate complaints and

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make inspections and other inquiries as, in the judgment of the

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board, are appropriate to enforce sections 3123.41 to 3123.50,

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4761.09, and 4761.10 of the Revised Code. Pursuant to an

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investigation and inspection, the investigators may review and

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audit records during normal business hours at the place of

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business of a licensee or person who is the subject of a complaint

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filed with the board or at any place where the records are kept.

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(A) "Respiratory care" means rendering or offering to render	8
to individuals, groups, organizations, or the public any service	9
involving the evaluation of cardiopulmonary function, the	10
treatment of cardiopulmonary impairment, the assessment of	11
treatment effectiveness, and the care of patients with	12
deficiencies and abnormalities associated with the cardiopulmonary	13
system. The practice of respiratory care includes:	14

(1) Obtaining, analyzing, testing, measuring, and monitoring	15
blood and gas samples in the determination of cardiopulmonary	16
parameters and related physiologic data, including flows,	17
pressures, and volumes, and the use of equipment employed for this	18
purpose;	19

(2) Administering, monitoring, recording the results of, and	20
instructing in the use of medical gases, aerosols, and	21
bronchopulmonary hygiene techniques, including drainage,	22
aspiration, and sampling, and applying, maintaining, and	23
instructing in the use of artificial airways, ventilators, and	24
other life support equipment employed in the treatment of	25
cardiopulmonary impairment and provided in collaboration with	26
other licensed health care professionals responsible for providing	27
care;	28

(C) "Physician" means an individual authorized under Chapter	37
4731. of the Revised Code to practice medicine and surgery or	38
osteopathic medicine and surgery.	39

(D) "Registered nurse" means an individual licensed under	40
Chapter 4723. of the Revised Code to engage in the practice of	41
nursing as a registered nurse.	42

Section 1. That sections 4761.01, 4761.03, 4761.07, and	5
4761.11 of the Revised Code be amended to read as follows:	6

(3) Performing cardiopulmonary resuscitation and respiratory	29
rehabilitation techniques;	30

(4) Administering medications for the testing or treatment of	31
cardiopulmonary impairment.	32

(B) "Respiratory care professional" means a person who is	33
licensed under this chapter to practice the full range of	34
respiratory care services as defined in division (A) of this	35
section.	36

(E) "Hospital" means a facility that meets the operating	43
standards of section 3727.02 of the Revised Code.	44

(F) "Nursing facility" has the same meaning as in section	45
5165.01 of the Revised Code.	46

(G) "Certified hyperbaric technologist" means a person who	47
administers hyperbaric oxygen therapy and is certified as a	48
hyperbaric technologist by the national board of diving and	49
hyperbaric medical technology or its successor organization.	50

(H) "Hyperbaric oxygen therapy" means the administration of	51
pure oxygen in a pressurized room or chamber, except that it does	52
not include ventilator management.	53

(I) "Advanced practice registered nurse" has the same meaning	54
as in section 4723.01 of the Revised Code.	55

(J) "Physician assistant" means an individual who holds a	56
valid certificate to practice issued under Chapter 4730. of the	57
Revised Code authorizing the individual to provide services as a	58
physician assistant to patients under the supervision, control,	59
and direction of one or more physicians.	60

(A) Adopt, and may rescind or amend, rules in accordance with	75
Chapter 119. of the Revised Code to carry out the purposes of this	76
chapter, including rules prescribing:	77

(2) The form, scoring, and scheduling of examinations and	81
reexaminations for licensure and license renewal;	82

(3) Standards for the approval of educational programs	83
required to qualify for licensure and continuing education	84
programs required for license renewal;	85

(4) Continuing education courses and the number of hour	86
requirements necessary for license renewal, in accordance with	87
section 4761.06 of the Revised Code;	88

Sec. 4761.03. The Ohio respiratory care board shall regulate	61
the practice of respiratory care in this state and the persons to	62
whom the board issues licenses and limited permits under this	63
chapter and shall license and register home medical equipment	64
services providers under Chapter 4752. of the Revised Code. Rules	65
adopted under this chapter that deal with the provision of	66
respiratory care in a hospital, other than rules regulating the	67
issuance of licenses or limited permits, shall be consistent with	68
the conditions for participation under medicare, Title XVIII of	69
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395,	70
as amended, and with the respiratory care accreditation standards	71
of the joint commission on accreditation of healthcare	72
organizations or the American osteopathic association.	73

(1) The form and manner for filing applications for licensure	78
and renewal, limited permits, and limited permit extensions under	79
sections 4761.05 and 4761.06 of the Revised Code;	80

(5) Procedures for the issuance and renewal of licenses and	89
limited permits, including the duties that may be fulfilled by the	90
board's executive director and other board employees;	91

(6) Procedures for the denial, suspension, permanent	92
revocation, refusal to renew, and reinstatement of licenses and	93
limited permits, the conduct of hearings, and the imposition of	94
fines for engaging in conduct that is grounds for such action and	95
hearings under section 4761.09 of the Revised Code;	96

(7) Standards of ethical conduct for the practice of	97
respiratory care;	98

(8) Conditions under which the license renewal fee and	99
continuing education requirements may be waived at the request of	100
a licensee who is not in active practice;	101

(9) The respiratory care tasks that may be performed by an	102
individual practicing as a polysomnographic technologist pursuant	103
to division (B)(3) of section 4761.10 of the Revised Code;	104

(10) Procedures for registering out-of-state respiratory care	105
providers authorized to practice in this state under division	106
(A)(4) of section 4761.11 of the Revised Code;	107

(11) Requirements for criminal records checks of applicants	108
under section 4776.03 of the Revised Code;	109

(12) Procedures for accepting and storing copies of	110
hyperbaric technologist certifications filed with the board	111
pursuant to division (A)(11) of section 4761.11 of the Revised	112
Code.	113

(B) Determine the sufficiency of an applicant's	114
qualifications for admission to the licensing examination or a	115
reexamination, and for the issuance or renewal of a license or	116
limited permit;	117

(C) Determine the respiratory care educational programs that	118
are acceptable for fulfilling the requirements of division (A) of	119
section 4761.04 of the Revised Code;	120

(D) Schedule, administer, and score the licensing examination	121
or any reexamination for license renewal or reinstatement. The	122
board shall administer the licensing examinations at least twice a	123
year and notify applicants of the time and place of the	124
examinations.	125

Except when required by court order, the board and its	139
employees shall not disclose confidential information obtained	140
during an investigation or identifying information about any	141
person who files a complaint with the board.	142

The board may hear testimony in matters relating to the	143
duties imposed upon it and issue subpoenas pursuant to an	144
investigation. The president and secretary of the board may	145
administer oaths.	146

(F) Conduct hearings, keep records of its proceedings, and do	147
other things as are necessary and proper to carry out and enforce	148
the provisions of this chapter;	149

(G) Maintain, publish, and make available upon request, for a	150
fee not to exceed the actual cost of printing and mailing:	151

(1) The requirements for the issuance of licenses and limited	152
permits under this chapter and rules adopted by the board;	153

(2) A current register of every person licensed to practice	154
respiratory care in this state, to include the addresses of the	155
person's last known place of business and residence, the effective	156
date and identification number of the license, the name and	157
location of the institution that granted the person's degree or	158
certificate of completion of respiratory care educational	159
requirements, and the date the degree or certificate was issued;	160

(3) A list of the names and locations of the institutions	161
that each year granted degrees or certificates of completion in	162
respiratory care;	163