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To amend sections 4762.03, 4765.35, and 4765.37 and | 1 |
to enact sections 2925.61, 4723.488, 4730.431, and | 2 |
4731.94 of the Revised Code to provide for | 3 |
increased access to naloxone, to ensure English | 4 |
proficiency in licensed practitioners of Oriental | 5 |
medicine and acupuncture, and to declare an | 6 |
emergency. | 7 |
Section 1. That sections 4762.03, 4765.35, and 4765.37 be | 8 |
amended and sections 2925.61, 4723.488, 4730.431, and 4731.94 of | 9 |
the Revised Code be enacted to read as follows: | 10 |
Sec. 2925.61. (A) As used in this section: | 11 |
(1) "Administer naloxone" means to give naloxone to a person | 12 |
by either of the following routes: | 13 |
(a) Using a device manufactured for the intranasal | 14 |
administration of liquid drugs; | 15 |
(b) Using an autoinjector in a manufactured dosage form. | 16 |
(2) "Law enforcement agency" means a government entity that | 17 |
employs peace officers to perform law enforcement duties. | 18 |
(3) "Licensed health professional" means all of the | 19 |
following: | 20 |
(a) A physician who is authorized under Chapter 4731. of the | 21 |
Revised Code to practice medicine and surgery, osteopathic | 22 |
medicine and surgery, or podiatric medicine and surgery; | 23 |
(b) A physician assistant who holds a certificate to | 24 |
prescribe issued under Chapter 4730. of the Revised Code; | 25 |
(c) A clinical nurse specialist, certified nurse-midwife, or | 26 |
certified nurse practitioner who holds a certificate to prescribe | 27 |
issued under section 4723.48 of the Revised Code. | 28 |
(4) "Peace officer" has the same meaning as in section | 29 |
2921.51 of the Revised Code. | 30 |
(B) A family member, friend, or other individual who is in a | 31 |
position to assist an individual who is apparently experiencing or | 32 |
at risk of experiencing an opioid-related overdose, is not subject | 33 |
to criminal prosecution for a violation of section 4731.41 of the | 34 |
Revised Code or criminal prosecution under this chapter if the | 35 |
individual, acting in good faith, does all of the following: | 36 |
(1) Obtains naloxone from a licensed health professional or a | 37 |
prescription for naloxone from a licensed health professional; | 38 |
(2) Administers that naloxone to an individual who is | 39 |
apparently experiencing an opioid-related overdose; | 40 |
(3) Attempts to summon emergency services either immediately | 41 |
before or immediately after administering the naloxone. | 42 |
(C) Division (B) of this section does not apply to a peace | 43 |
officer or to an emergency medical technician-basic, emergency | 44 |
medical technician-intermediate, or emergency medical | 45 |
technician-paramedic, as defined in section 4765.01 of the Revised | 46 |
Code. | 47 |
(D) A peace officer employed by a law enforcement agency | 48 |
licensed under Chapter 4729. of the Revised Code as a terminal | 49 |
distributor of dangerous drugs is not subject to administrative | 50 |
action, criminal prosecution for a violation of section 4731.41 of | 51 |
the Revised Code, or criminal prosecution under this chapter if | 52 |
the peace officer, acting in good faith, obtains naloxone from the | 53 |
peace officer's law enforcement agency and administers the | 54 |
naloxone to an individual who is apparently experiencing an | 55 |
opioid-related overdose. | 56 |
Sec. 4723.488. (A) Notwithstanding any provision of this | 57 |
chapter or rule adopted by the board of nursing, a clinical nurse | 58 |
specialist, certified nurse-midwife, or certified nurse | 59 |
practitioner who holds a certificate to prescribe issued under | 60 |
section 4723.48 of the Revised Code may personally furnish a | 61 |
supply of naloxone, or issue a prescription for naloxone, without | 62 |
having examined the individual to whom it may be administered if | 63 |
all of the following conditions are met: | 64 |
(1) The naloxone supply is furnished to, or the prescription | 65 |
is issued to and in the name of, a family member, friend, or other | 66 |
individual in a position to assist an individual who there is | 67 |
reason to believe is at risk of experiencing an opioid-related | 68 |
overdose; | 69 |
(2) The nurse instructs the individual receiving the naloxone | 70 |
supply or prescription to summon emergency services either | 71 |
immediately before or immediately after administering naloxone to | 72 |
an individual apparently experiencing an opioid-related overdose; | 73 |
(3) The naloxone is personally furnished or prescribed in | 74 |
such a manner that it may be administered by only either of the | 75 |
following routes: | 76 |
(a) Using a device manufactured for the intranasal | 77 |
administration of liquid drugs; | 78 |
(b) Using an autoinjector in a manufactured dosage form. | 79 |
(B) A nurse who under division (A) of this section in good | 80 |
faith furnishes a supply of naloxone or issues a prescription for | 81 |
naloxone is not liable for or subject to any of the following for | 82 |
any action or omission of the individual to whom the naloxone is | 83 |
furnished or the prescription is issued: damages in any civil | 84 |
action, prosecution in any criminal proceeding, or professional | 85 |
disciplinary action. | 86 |
Sec. 4730.431. (A) Notwithstanding any provision of this | 87 |
chapter or rule adopted by the state medical board, a physician | 88 |
assistant who holds a certificate to prescribe issued under this | 89 |
chapter may personally furnish a supply of naloxone, or issue a | 90 |
prescription for naloxone, without having examined the individual | 91 |
to whom it may be administered if all of the following conditions | 92 |
are met: | 93 |
(1) The naloxone supply is furnished to, or the prescription | 94 |
is issued to and in the name of, a family member, friend, or other | 95 |
individual in a position to assist an individual who there is | 96 |
reason to believe is at risk of experiencing an opioid-related | 97 |
overdose; | 98 |
(2) The physician assistant instructs the individual | 99 |
receiving the naloxone supply or prescription to summon emergency | 100 |
services either immediately before or immediately after | 101 |
administering naloxone to an individual apparently experiencing an | 102 |
opioid-related overdose; | 103 |
(3) The naloxone is personally furnished or prescribed in | 104 |
such a manner that it may be administered by only either of the | 105 |
following routes: | 106 |
(a) Using a device manufactured for the intranasal | 107 |
administration of liquid drugs; | 108 |
(b) Using an autoinjector in a manufactured dosage form. | 109 |
(B) A physician assistant who under division (A) of this | 110 |
section in good faith furnishes a supply of naloxone or issues a | 111 |
prescription for naloxone is not liable for or subject to any of | 112 |
the following for any action or omission of the individual to whom | 113 |
the naloxone is furnished or the prescription is issued: damages | 114 |
in any civil action, prosecution in any criminal proceeding, or | 115 |
professional disciplinary action. | 116 |
Sec. 4731.94. (A) As used in this section, "physician" means | 117 |
an individual authorized under this chapter to practice medicine | 118 |
and surgery, osteopathic medicine and surgery, or podiatric | 119 |
medicine and surgery. | 120 |
(B) Notwithstanding any provision of this chapter or rule | 121 |
adopted by the state medical board, a physician may personally | 122 |
furnish a supply of naloxone, or issue a prescription for | 123 |
naloxone, without having examined the individual to whom it may be | 124 |
administered if all of the following conditions are met: | 125 |
(1) The naloxone supply is furnished to, or the prescription | 126 |
is issued to and in the name of, a family member, friend, or other | 127 |
individual in a position to assist an individual who there is | 128 |
reason to believe is at risk of experiencing an opioid-related | 129 |
overdose; | 130 |
(2) The physician instructs the individual receiving the | 131 |
naloxone supply or prescription to summon emergency services | 132 |
either immediately before or immediately after administering the | 133 |
naloxone to an individual apparently experiencing an | 134 |
opioid-related overdose; | 135 |
(3) The naloxone is personally furnished or prescribed in | 136 |
such a manner that it may be administered by only either of the | 137 |
following routes: | 138 |
(a) Using a device manufactured for the intranasal | 139 |
administration of liquid drugs; | 140 |
(b) Using an autoinjector in a manufactured dosage form. | 141 |
(C) A physician who under division (B) of this section in | 142 |
good faith furnishes a supply of naloxone or issues a prescription | 143 |
for naloxone is not liable for or subject to any of the following | 144 |
for any action or omission of the individual to whom the naloxone | 145 |
is furnished or the prescription is issued: damages in any civil | 146 |
action, prosecution in any criminal proceeding, or professional | 147 |
disciplinary action. | 148 |
Sec. 4762.03. (A) An individual seeking a certificate to | 149 |
practice as an oriental medicine practitioner or certificate to | 150 |
practice as an acupuncturist shall file with the state medical | 151 |
board a written application on a form prescribed and supplied by | 152 |
the board. | 153 |
(B) To be eligible for the certificate to practice, an | 154 |
applicant shall meet all of the following conditions, as | 155 |
applicable: | 156 |
(1) The applicant shall submit evidence satisfactory to the | 157 |
board that the applicant is at least eighteen years of age and of | 158 |
good moral character. | 159 |
(2) In the case of an applicant seeking a certificate to | 160 |
practice as an oriental medicine practitioner, the applicant shall | 161 |
submit evidence satisfactory to the board of both of the | 162 |
following: | 163 |
(a) That the applicant holds a current and active designation | 164 |
from the national certification commission for acupuncture and | 165 |
oriental medicine as either a diplomate in oriental medicine or | 166 |
diplomate of acupuncture and Chinese herbology; | 167 |
(b) That the applicant has successfully completed, in the | 168 |
two-year period immediately preceding application for the | 169 |
certificate to practice, one course approved by the commission on | 170 |
federal food and drug administration dispensary and compounding | 171 |
guidelines and procedures. | 172 |
(3) In the case of an applicant seeking a certificate to | 173 |
practice as an acupuncturist, the applicant shall submit evidence | 174 |
satisfactory to the board that the applicant holds a current and | 175 |
active designation from the national certification commission for | 176 |
acupuncture and oriental medicine as a diplomate in acupuncture. | 177 |
(4) The applicant shall demonstrate to the board proficiency | 178 |
in spoken English by | 179 |
following requirements: | 180 |
(a) Passing the examination described in section 4731.142 of | 181 |
the Revised Code | 182 |
(b) Submitting evidence satisfactory to the board that the | 183 |
applicant was required to demonstrate proficiency in spoken | 184 |
English as a condition of obtaining designation from the national | 185 |
certification commission for acupuncture and oriental medicine as | 186 |
a diplomate in oriental medicine, diplomate of acupuncture and | 187 |
Chinese herbology, or diplomate in acupuncture; | 188 |
(c) Submitting evidence satisfactory to the board that the | 189 |
applicant, in seeking a designation from the national | 190 |
certification commission for acupuncture and oriental medicine as | 191 |
a diplomate of oriental medicine, diplomate of acupuncture and | 192 |
Chinese herbology, or diplomate of acupuncture, has successfully | 193 |
completed in English the examination required for such a | 194 |
designation by the national certification commission for | 195 |
acupuncture and oriental medicine; | 196 |
(d) In the case of an applicant seeking a certificate to | 197 |
practice as an oriental medicine practitioner, submitting evidence | 198 |
satisfactory to the board that the applicant has previously held a | 199 |
certificate to practice as an acupuncturist issued under section | 200 |
4762.04 of the Revised Code. | 201 |
(5) The applicant shall submit to the board any other | 202 |
information the board requires. | 203 |
(6) The applicant shall pay to the board a fee of one hundred | 204 |
dollars, no part of which may be returned to the applicant. | 205 |
(C) The board shall review all applications received under | 206 |
this section. The board shall determine whether an applicant meets | 207 |
the requirements to receive a certificate to practice not later | 208 |
than sixty days after receiving a complete application. The | 209 |
affirmative vote of not fewer than six members of the board is | 210 |
required to determine that an applicant meets the requirements for | 211 |
a certificate. | 212 |
Sec. 4765.35. (A) A first responder shall perform the | 213 |
emergency medical services described in this section in accordance | 214 |
with this chapter and any rules adopted under it. | 215 |
(B) A first responder may provide limited emergency medical | 216 |
services to patients until the arrival of an emergency medical | 217 |
technician-basic, emergency medical technician-intermediate, or | 218 |
emergency medical technician-paramedic. In an emergency, a first | 219 |
responder may render emergency medical services such as opening | 220 |
and maintaining an airway, giving mouth to barrier ventilation, | 221 |
chest compressions, electrical interventions with automated | 222 |
defibrillators to support or correct the cardiac function and | 223 |
other methods determined by the board, controlling of hemorrhage, | 224 |
manual stabilization of fractures, bandaging, assisting in | 225 |
childbirth, and determining triage of trauma victims. | 226 |
(C)(1) Subject to division (C)(2) of this section, a first | 227 |
responder may administer naloxone by either of the following | 228 |
routes to a person who is apparently experiencing an | 229 |
opioid-related overdose: | 230 |
(a) Using a device manufactured for the intranasal | 231 |
administration of liquid drugs; | 232 |
(b) Using an autoinjector in a manufactured dosage form. | 233 |
(2) Except as provided in division (E) of this section, a | 234 |
first responder shall administer naloxone only pursuant to the | 235 |
written or verbal authorization of a physician or of the | 236 |
cooperating physician advisory board or pursuant to an | 237 |
authorization transmitted through a direct communication device by | 238 |
a physician, physician assistant designated by a physician, or | 239 |
registered nurse designated by a physician. | 240 |
(D)(1) A first responder may perform any other emergency | 241 |
medical services approved pursuant to rules adopted under section | 242 |
4765.11 of the Revised Code. The board shall determine whether the | 243 |
nature of any such service requires that a first responder receive | 244 |
authorization prior to performing the service. | 245 |
| 246 |
section, if the board determines under division | 247 |
section that a service requires prior authorization, the service | 248 |
shall be performed only pursuant to the written or verbal | 249 |
authorization of a physician or of the cooperating physician | 250 |
advisory board, or pursuant to an authorization transmitted | 251 |
through a direct communication device by a physician, physician | 252 |
assistant designated by a physician, or registered nurse | 253 |
designated by a physician. | 254 |
| 255 |
or the required response time prohibits communication, a first | 256 |
responder may perform services subject to | 257 |
(D)(2) of this section, if, in the judgment of the first | 258 |
responder, the life of the patient is in immediate danger. | 259 |
Services performed under these circumstances shall be performed in | 260 |
accordance with the written protocols for triage of adult and | 261 |
pediatric trauma victims established in rules adopted under | 262 |
sections 4765.11 and 4765.40 of the Revised Code and any | 263 |
applicable protocols adopted by the emergency medical service | 264 |
organization with which the first responder is affiliated. | 265 |
Sec. 4765.37. (A) An emergency medical technician-basic | 266 |
shall perform the emergency medical services described in this | 267 |
section in accordance with this chapter and any rules adopted | 268 |
under it by the state board of emergency medical, fire, and | 269 |
transportation services. | 270 |
(B) An emergency medical technician-basic may operate, or be | 271 |
responsible for operation of, an ambulance and may provide | 272 |
emergency medical services to patients. In an emergency, an | 273 |
EMT-basic may determine the nature and extent of illness or injury | 274 |
and establish priority for required emergency medical services. An | 275 |
EMT-basic may render emergency medical services such as opening | 276 |
and maintaining an airway, giving positive pressure ventilation, | 277 |
cardiac resuscitation, electrical interventions with automated | 278 |
defibrillators to support or correct the cardiac function and | 279 |
other methods determined by the board, controlling of hemorrhage, | 280 |
treatment of shock, immobilization of fractures, bandaging, | 281 |
assisting in childbirth, management of mentally disturbed | 282 |
patients, initial care of poison and burn patients, and | 283 |
determining triage of adult and pediatric trauma victims. Where | 284 |
patients must in an emergency be extricated from entrapment, an | 285 |
EMT-basic may assess the extent of injury and render all possible | 286 |
emergency medical services and protection to the entrapped | 287 |
patient; provide light rescue services if an ambulance has not | 288 |
been accompanied by a specialized unit; and after extrication, | 289 |
provide additional care in sorting of the injured in accordance | 290 |
with standard emergency procedures. | 291 |
(C)(1) Subject to division (C)(2) of this section, an | 292 |
EMT-basic may administer naloxone by either of the following | 293 |
routes to a person who is apparently experiencing an | 294 |
opioid-related overdose: | 295 |
(a) Using a device manufactured for the intranasal | 296 |
administration of liquid drugs; | 297 |
(b) Using an autoinjector in a manufactured dosage form. | 298 |
(2) Except as provided in division (E) of this section, an | 299 |
EMT-basic shall administer naloxone only pursuant to the written | 300 |
or verbal authorization of a physician or of the cooperating | 301 |
physician advisory board or pursuant to an authorization | 302 |
transmitted through a direct communication device by a physician, | 303 |
physician assistant designated by a physician, or registered nurse | 304 |
designated by a physician. | 305 |
(D)(1) An EMT-basic may perform any other emergency medical | 306 |
services approved pursuant to rules adopted under section 4765.11 | 307 |
of the Revised Code. The board shall determine whether the nature | 308 |
of any such service requires that an EMT-basic receive | 309 |
authorization prior to performing the service. | 310 |
| 311 |
section, if the board determines under division | 312 |
section that a service requires prior authorization, the service | 313 |
shall be performed only pursuant to the written or verbal | 314 |
authorization of a physician or of the cooperating physician | 315 |
advisory board, or pursuant to an authorization transmitted | 316 |
through a direct communication device by a physician, physician | 317 |
assistant designated by a physician, or registered nurse | 318 |
designated by a physician. | 319 |
| 320 |
or the required response time prohibits communication, an | 321 |
EMT-basic may perform services subject to | 322 |
(D)(2) of this section, if, in the judgment of the EMT-basic, the | 323 |
life of the patient is in immediate danger. Services performed | 324 |
under these circumstances shall be performed in accordance with | 325 |
the protocols for triage of adult and pediatric trauma victims | 326 |
established in rules adopted under sections 4765.11 and 4765.40 of | 327 |
the Revised Code and any applicable protocols adopted by the | 328 |
emergency medical service organization with which the EMT-basic is | 329 |
affiliated. | 330 |
Section 2. That existing sections 4762.03, 4765.35, and | 331 |
4765.37 of the Revised Code are hereby repealed. | 332 |
Section 3. This act is hereby declared to be an emergency | 333 |
measure necessary for the immediate preservation of the public | 334 |
peace, health, and safety. The reason for such necessity is to | 335 |
enhance the delivery of health services in this state by promptly | 336 |
increasing access to certain forms of care, including Oriental | 337 |
medicine, acupuncture, and emergency treatments for drug | 338 |
overdoses. Therefore, this act shall go into immediate effect. | 339 |