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To amend sections 1.64, 2133.211, 2151.3515, | 1 |
2305.113, 2925.61, 3701.92, 3727.06, 3729.05, | 2 |
4123.01, 4123.026, 4123.46, 4503.44, 4723.01, | 3 |
4723.06, 4723.07, 4723.18, 4723.181, 4723.48, | 4 |
4723.482, 4723.50, 4729.01, 4730.01, 4730.02, | 5 |
4730.03, 4730.04, 4730.06, 4730.08, 4730.091, | 6 |
4730.10, 4730.101, 4730.11, 4730.12, 4730.13, | 7 |
4730.14, 4730.19, 4730.21, 4730.22, 4730.25, | 8 |
4730.251, 4730.27, 4730.28, 4730.31, 4730.32, | 9 |
4730.33, 4730.38, 4730.39, 4730.41, 4730.42, | 10 |
4730.43, 4730.431, 4730.49, 4730.51, 4730.53, | 11 |
4731.07, 4761.01, 4761.17, 4765.01, 4765.51, | 12 |
5122.11, 5122.111, and 5123.47; to amend, for the | 13 |
purpose of adopting new section numbers as | 14 |
indicated in parentheses, section 4730.091 | 15 |
(4730.201) and 4730.092 (4730.202); to enact new | 16 |
section 4730.20 and sections 4723.489, 4730.111, | 17 |
and 4730.203; and to repeal sections 4730.081, | 18 |
4730.09, 4730.15, 4730.16, 4730.17, 4730.18, | 19 |
4730.20, 4730.44, 4730.45, 4730.46, 4730.47, | 20 |
4730.48, 4730.50, and 4730.52 of the Revised Code | 21 |
to revise the law governing the practice of | 22 |
physician assistants, the practice of advanced | 23 |
practice registered nurses, eligibility for | 24 |
compensation and benefits under Ohio's Workers' | 25 |
Compensation Law, the proceedings for | 26 |
court-ordered treatment of a mentally ill person, | 27 |
and the licensure of recreational vehicle parks | 28 |
and recreation camps, and to amend the versions of | 29 |
sections 4730.25 and 4730.53 of the Revised Code | 30 |
that are scheduled to take effect April 1, 2015, | 31 |
to continue the provisions of this act on and | 32 |
after that effective date. | 33 |
Section 1. That sections 1.64, 2133.211, 2151.3515, 2305.113, | 34 |
2925.61, 3701.92, 3727.06, 3729.05, 4123.01, 4123.026, 4123.46, | 35 |
4503.44, 4723.01, 4723.06, 4723.07, 4723.18, 4723.181, 4723.48, | 36 |
4723.482, 4723.50, 4729.01, 4730.01, 4730.02, 4730.03, 4730.04, | 37 |
4730.06, 4730.08, 4730.091, 4730.10, 4730.101, 4730.11, 4730.12, | 38 |
4730.13, 4730.14, 4730.19, 4730.21, 4730.22, 4730.25, 4730.251, | 39 |
4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.38, 4730.39, | 40 |
4730.41, 4730.42, 4730.43, 4730.431, 4730.49, 4730.51, 4730.53, | 41 |
4731.07, 4761.01, 4761.17, 4765.01, 4765.51, 5122.11, 5122.111, | 42 |
and 5123.47 be amended, sections 4730.091 (4730.201) and 4730.092 | 43 |
(4730.202) be amended for the purpose of adopting new section | 44 |
numbers as indicated in parentheses, and new section 4730.20 and | 45 |
sections 4723.489, 4730.111, and 4730.203 of the Revised Code be | 46 |
enacted to read as follows: | 47 |
Sec. 1.64. As used in the Revised Code: | 48 |
(A) "Certified nurse-midwife" means a registered nurse who | 49 |
holds a valid certificate of authority issued under Chapter 4723. | 50 |
of the Revised Code that authorizes the practice of nursing as a | 51 |
certified nurse-midwife in accordance with section 4723.43 of the | 52 |
Revised Code and rules adopted by the board of nursing. | 53 |
(B) "Certified nurse practitioner" means a registered nurse | 54 |
who holds a valid certificate of authority issued under Chapter | 55 |
4723. of the Revised Code that authorizes the practice of nursing | 56 |
as a certified nurse practitioner in accordance with section | 57 |
4723.43 of the Revised Code and rules adopted by the board of | 58 |
nursing. | 59 |
(C) "Clinical nurse specialist" means a registered nurse who | 60 |
holds a valid certificate of authority issued under Chapter 4723. | 61 |
of the Revised Code that authorizes the practice of nursing as a | 62 |
clinical nurse specialist in accordance with section 4723.43 of | 63 |
the Revised Code and rules adopted by the board of nursing. | 64 |
(D) "Physician assistant" means an individual who | 65 |
66 | |
4730. of the Revised Code | 67 |
services as a physician assistant to patients under the | 68 |
supervision, control, and direction of one or more physicians. | 69 |
Sec. 2133.211. A person who holds a certificate of authority | 70 |
71 | |
specialist issued under | 72 |
Revised Code may take any action that may be taken by an attending | 73 |
physician under sections 2133.21 to 2133.26 of the Revised Code | 74 |
and has the immunity provided by section 2133.22 of the Revised | 75 |
Code if the action is taken pursuant to a standard care | 76 |
arrangement with a collaborating physician. | 77 |
A person who holds a | 78 |
physician assistant issued under Chapter 4730. of the Revised Code | 79 |
may take any action that may be taken by an attending physician | 80 |
under sections 2133.21 to 2133.26 of the Revised Code and has the | 81 |
immunity provided by section 2133.22 of the Revised Code if the | 82 |
action is taken pursuant to a | 83 |
84 | |
85 | |
the policies of a health care facility in which the physician | 86 |
assistant is practicing. | 87 |
Sec. 2151.3515. As used in sections 2151.3515 to 2151.3530 | 88 |
of the Revised Code: | 89 |
(A) "Deserted child" means a child whose parent has | 90 |
voluntarily delivered the child to an emergency medical service | 91 |
worker, peace officer, or hospital employee without expressing an | 92 |
intent to return for the child. | 93 |
(B) "Emergency medical service organization," "emergency | 94 |
medical technician-basic," "emergency medical | 95 |
technician-intermediate," "first responder," and "paramedic" have | 96 |
the same meanings as in section 4765.01 of the Revised Code. | 97 |
(C) "Emergency medical service worker" means a first | 98 |
responder, emergency medical technician-basic, emergency medical | 99 |
technician-intermediate, or paramedic. | 100 |
(D) "Hospital" has the same meaning as in section 3727.01 of | 101 |
the Revised Code. | 102 |
(E) "Hospital employee" means any of the following persons: | 103 |
(1) A physician who has been granted privileges to practice | 104 |
at the hospital; | 105 |
(2) A nurse, physician assistant, or nursing assistant | 106 |
employed by the hospital; | 107 |
(3) An authorized person employed by the hospital who is | 108 |
acting under the direction of a physician described in division | 109 |
(E)(1) of this section. | 110 |
(F) "Law enforcement agency" means an organization or entity | 111 |
made up of peace officers. | 112 |
(G) "Nurse" means a person who is licensed under Chapter | 113 |
4723. of the Revised Code to practice as a registered nurse or | 114 |
licensed practical nurse. | 115 |
(H) "Nursing assistant" means a person designated by a | 116 |
hospital as a nurse aide or nursing assistant whose job is to aid | 117 |
nurses, physicians, and physician assistants in the performance of | 118 |
their duties. | 119 |
(I) "Peace officer" means a sheriff, deputy sheriff, | 120 |
constable, police officer of a township or joint police district, | 121 |
marshal, deputy marshal, municipal police officer, or a state | 122 |
highway patrol trooper. | 123 |
(J) "Physician" | 124 |
125 | |
under Chapter 4731. of the Revised Code to practice medicine and | 126 |
surgery, osteopathic medicine and surgery, or podiatric medicine | 127 |
and surgery. | 128 |
(K) "Physician assistant" means an individual who holds a | 129 |
current, valid license to practice as a physician assistant issued | 130 |
under Chapter 4730. of the Revised Code. | 131 |
Sec. 2305.113. (A) Except as otherwise provided in this | 132 |
section, an action upon a medical, dental, optometric, or | 133 |
chiropractic claim shall be commenced within one year after the | 134 |
cause of action accrued. | 135 |
(B)(1) If prior to the expiration of the one-year period | 136 |
specified in division (A) of this section, a claimant who | 137 |
allegedly possesses a medical, dental, optometric, or chiropractic | 138 |
claim gives to the person who is the subject of that claim written | 139 |
notice that the claimant is considering bringing an action upon | 140 |
that claim, that action may be commenced against the person | 141 |
notified at any time within one hundred eighty days after the | 142 |
notice is so given. | 143 |
(2) An insurance company shall not consider the existence or | 144 |
nonexistence of a written notice described in division (B)(1) of | 145 |
this section in setting the liability insurance premium rates that | 146 |
the company may charge the company's insured person who is | 147 |
notified by that written notice. | 148 |
(C) Except as to persons within the age of minority or of | 149 |
unsound mind as provided by section 2305.16 of the Revised Code, | 150 |
and except as provided in division (D) of this section, both of | 151 |
the following apply: | 152 |
(1) No action upon a medical, dental, optometric, or | 153 |
chiropractic claim shall be commenced more than four years after | 154 |
the occurrence of the act or omission constituting the alleged | 155 |
basis of the medical, dental, optometric, or chiropractic claim. | 156 |
(2) If an action upon a medical, dental, optometric, or | 157 |
chiropractic claim is not commenced within four years after the | 158 |
occurrence of the act or omission constituting the alleged basis | 159 |
of the medical, dental, optometric, or chiropractic claim, then, | 160 |
any action upon that claim is barred. | 161 |
(D)(1) If a person making a medical claim, dental claim, | 162 |
optometric claim, or chiropractic claim, in the exercise of | 163 |
reasonable care and diligence, could not have discovered the | 164 |
injury resulting from the act or omission constituting the alleged | 165 |
basis of the claim within three years after the occurrence of the | 166 |
act or omission, but, in the exercise of reasonable care and | 167 |
diligence, discovers the injury resulting from that act or | 168 |
omission before the expiration of the four-year period specified | 169 |
in division (C)(1) of this section, the person may commence an | 170 |
action upon the claim not later than one year after the person | 171 |
discovers the injury resulting from that act or omission. | 172 |
(2) If the alleged basis of a medical claim, dental claim, | 173 |
optometric claim, or chiropractic claim is the occurrence of an | 174 |
act or omission that involves a foreign object that is left in the | 175 |
body of the person making the claim, the person may commence an | 176 |
action upon the claim not later than one year after the person | 177 |
discovered the foreign object or not later than one year after the | 178 |
person, with reasonable care and diligence, should have discovered | 179 |
the foreign object. | 180 |
(3) A person who commences an action upon a medical claim, | 181 |
dental claim, optometric claim, or chiropractic claim under the | 182 |
circumstances described in division (D)(1) or (2) of this section | 183 |
has the affirmative burden of proving, by clear and convincing | 184 |
evidence, that the person, with reasonable care and diligence, | 185 |
could not have discovered the injury resulting from the act or | 186 |
omission constituting the alleged basis of the claim within the | 187 |
three-year period described in division (D)(1) of this section or | 188 |
within the one-year period described in division (D)(2) of this | 189 |
section, whichever is applicable. | 190 |
(E) As used in this section: | 191 |
(1) "Hospital" includes any person, corporation, association, | 192 |
board, or authority that is responsible for the operation of any | 193 |
hospital licensed or registered in the state, including, but not | 194 |
limited to, those that are owned or operated by the state, | 195 |
political subdivisions, any person, any corporation, or any | 196 |
combination of the state, political subdivisions, persons, and | 197 |
corporations. "Hospital" also includes any person, corporation, | 198 |
association, board, entity, or authority that is responsible for | 199 |
the operation of any clinic that employs a full-time staff of | 200 |
physicians practicing in more than one recognized medical | 201 |
specialty and rendering advice, diagnosis, care, and treatment to | 202 |
individuals. "Hospital" does not include any hospital operated by | 203 |
the government of the United States or any of its branches. | 204 |
(2) "Physician" means a person who is licensed to practice | 205 |
medicine and surgery or osteopathic medicine and surgery by the | 206 |
state medical board or a person who otherwise is authorized to | 207 |
practice medicine and surgery or osteopathic medicine and surgery | 208 |
in this state. | 209 |
(3) "Medical claim" means any claim that is asserted in any | 210 |
civil action against a physician, podiatrist, hospital, home, or | 211 |
residential facility, against any employee or agent of a | 212 |
physician, podiatrist, hospital, home, or residential facility, or | 213 |
against a licensed practical nurse, registered nurse, advanced | 214 |
practice registered nurse, physical therapist, physician | 215 |
assistant, emergency medical technician-basic, emergency medical | 216 |
technician-intermediate, or emergency medical | 217 |
technician-paramedic, and that arises out of the medical | 218 |
diagnosis, care, or treatment of any person. "Medical claim" | 219 |
includes the following: | 220 |
(a) Derivative claims for relief that arise from the medical | 221 |
diagnosis, care, or treatment of a person; | 222 |
(b) Claims that arise out of the medical diagnosis, care, or | 223 |
treatment of any person and to which either of the following | 224 |
applies: | 225 |
(i) The claim results from acts or omissions in providing | 226 |
medical care. | 227 |
(ii) The claim results from the hiring, training, | 228 |
supervision, retention, or termination of caregivers providing | 229 |
medical diagnosis, care, or treatment. | 230 |
(c) Claims that arise out of the medical diagnosis, care, or | 231 |
treatment of any person and that are brought under section 3721.17 | 232 |
of the Revised Code. | 233 |
(4) "Podiatrist" means any person who is licensed to practice | 234 |
podiatric medicine and surgery by the state medical board. | 235 |
(5) "Dentist" means any person who is licensed to practice | 236 |
dentistry by the state dental board. | 237 |
(6) "Dental claim" means any claim that is asserted in any | 238 |
civil action against a dentist, or against any employee or agent | 239 |
of a dentist, and that arises out of a dental operation or the | 240 |
dental diagnosis, care, or treatment of any person. "Dental claim" | 241 |
includes derivative claims for relief that arise from a dental | 242 |
operation or the dental diagnosis, care, or treatment of a person. | 243 |
(7) "Derivative claims for relief" include, but are not | 244 |
limited to, claims of a parent, guardian, custodian, or spouse of | 245 |
an individual who was the subject of any medical diagnosis, care, | 246 |
or treatment, dental diagnosis, care, or treatment, dental | 247 |
operation, optometric diagnosis, care, or treatment, or | 248 |
chiropractic diagnosis, care, or treatment, that arise from that | 249 |
diagnosis, care, treatment, or operation, and that seek the | 250 |
recovery of damages for any of the following: | 251 |
(a) Loss of society, consortium, companionship, care, | 252 |
assistance, attention, protection, advice, guidance, counsel, | 253 |
instruction, training, or education, or any other intangible loss | 254 |
that was sustained by the parent, guardian, custodian, or spouse; | 255 |
(b) Expenditures of the parent, guardian, custodian, or | 256 |
spouse for medical, dental, optometric, or chiropractic care or | 257 |
treatment, for rehabilitation services, or for other care, | 258 |
treatment, services, products, or accommodations provided to the | 259 |
individual who was the subject of the medical diagnosis, care, or | 260 |
treatment, the dental diagnosis, care, or treatment, the dental | 261 |
operation, the optometric diagnosis, care, or treatment, or the | 262 |
chiropractic diagnosis, care, or treatment. | 263 |
(8) "Registered nurse" means any person who is licensed to | 264 |
practice nursing as a registered nurse by the board of nursing. | 265 |
(9) "Chiropractic claim" means any claim that is asserted in | 266 |
any civil action against a chiropractor, or against any employee | 267 |
or agent of a chiropractor, and that arises out of the | 268 |
chiropractic diagnosis, care, or treatment of any person. | 269 |
"Chiropractic claim" includes derivative claims for relief that | 270 |
arise from the chiropractic diagnosis, care, or treatment of a | 271 |
person. | 272 |
(10) "Chiropractor" means any person who is licensed to | 273 |
practice chiropractic by the state chiropractic board. | 274 |
(11) "Optometric claim" means any claim that is asserted in | 275 |
any civil action against an optometrist, or against any employee | 276 |
or agent of an optometrist, and that arises out of the optometric | 277 |
diagnosis, care, or treatment of any person. "Optometric claim" | 278 |
includes derivative claims for relief that arise from the | 279 |
optometric diagnosis, care, or treatment of a person. | 280 |
(12) "Optometrist" means any person licensed to practice | 281 |
optometry by the state board of optometry. | 282 |
(13) "Physical therapist" means any person who is licensed to | 283 |
practice physical therapy under Chapter 4755. of the Revised Code. | 284 |
(14) "Home" has the same meaning as in section 3721.10 of the | 285 |
Revised Code. | 286 |
(15) "Residential facility" means a facility licensed under | 287 |
section 5123.19 of the Revised Code. | 288 |
(16) "Advanced practice registered nurse" means any certified | 289 |
nurse practitioner, clinical nurse specialist, certified | 290 |
registered nurse anesthetist, or certified nurse-midwife who holds | 291 |
a certificate of authority issued by the board of nursing under | 292 |
Chapter 4723. of the Revised Code. | 293 |
(17) "Licensed practical nurse" means any person who is | 294 |
licensed to practice nursing as a licensed practical nurse by the | 295 |
board of nursing pursuant to Chapter 4723. of the Revised Code. | 296 |
(18) "Physician assistant" means any person who | 297 |
298 | |
physician assistant under Chapter 4730. of the Revised Code. | 299 |
(19) "Emergency medical technician-basic," "emergency medical | 300 |
technician-intermediate," and "emergency medical | 301 |
technician-paramedic" means any person who is certified under | 302 |
Chapter 4765. of the Revised Code as an emergency medical | 303 |
technician-basic, emergency medical technician-intermediate, or | 304 |
emergency medical technician-paramedic, whichever is applicable. | 305 |
Sec. 2925.61. (A) As used in this section: | 306 |
(1) "Administer naloxone" means to give naloxone to a person | 307 |
by either of the following routes: | 308 |
(a) Using a device manufactured for the intranasal | 309 |
administration of liquid drugs; | 310 |
(b) Using an autoinjector in a manufactured dosage form. | 311 |
(2) "Law enforcement agency" means a government entity that | 312 |
employs peace officers to perform law enforcement duties. | 313 |
(3) "Licensed health professional" means all of the | 314 |
following: | 315 |
(a) A physician who is authorized under Chapter 4731. of the | 316 |
Revised Code to practice medicine and surgery, osteopathic | 317 |
medicine and surgery, or podiatric medicine and surgery; | 318 |
(b) A physician assistant who is licensed under Chapter 4730. | 319 |
of the Revised Code, holds a | 320 |
prescriber number issued | 321 |
by the state medical board, and has been granted | 322 |
physician-delegated prescriptive authority; | 323 |
(c) A clinical nurse specialist, certified nurse-midwife, or | 324 |
certified nurse practitioner who holds a certificate to prescribe | 325 |
issued under section 4723.48 of the Revised Code. | 326 |
(4) "Peace officer" has the same meaning as in section | 327 |
2921.51 of the Revised Code. | 328 |
(B) A family member, friend, or other individual who is in a | 329 |
position to assist an individual who is apparently experiencing or | 330 |
at risk of experiencing an opioid-related overdose, is not subject | 331 |
to criminal prosecution for a violation of section 4731.41 of the | 332 |
Revised Code or criminal prosecution under this chapter if the | 333 |
individual, acting in good faith, does all of the following: | 334 |
(1) Obtains naloxone from a licensed health professional or a | 335 |
prescription for naloxone from a licensed health professional; | 336 |
(2) Administers that naloxone to an individual who is | 337 |
apparently experiencing an opioid-related overdose; | 338 |
(3) Attempts to summon emergency services either immediately | 339 |
before or immediately after administering the naloxone. | 340 |
(C) Division (B) of this section does not apply to a peace | 341 |
officer or to an emergency medical technician-basic, emergency | 342 |
medical technician-intermediate, or emergency medical | 343 |
technician-paramedic, as defined in section 4765.01 of the Revised | 344 |
Code. | 345 |
(D) A peace officer employed by a law enforcement agency is | 346 |
not subject to administrative action, criminal prosecution for a | 347 |
violation of section 4731.41 of the Revised Code, or criminal | 348 |
prosecution under this chapter if the peace officer, acting in | 349 |
good faith, obtains naloxone from the peace officer's law | 350 |
enforcement agency and administers the naloxone to an individual | 351 |
who is apparently experiencing an opioid-related overdose. | 352 |
Sec. 3701.92. As used in sections 3701.921 to 3701.929 of | 353 |
the Revised Code: | 354 |
(A) "Advanced practice registered nurse" has the same meaning | 355 |
as in section 4723.01 of the Revised Code. | 356 |
(B) "Patient centered medical home education advisory group" | 357 |
means the entity established under section 3701.924 of the Revised | 358 |
Code. | 359 |
(C) "Patient centered medical home education program" means | 360 |
the program established under section 3701.921 of the Revised Code | 361 |
and any pilot projects operated pursuant to that section. | 362 |
(D) "Patient centered medical home education pilot project" | 363 |
means the pilot project established under section 3701.923 of the | 364 |
Revised Code. | 365 |
(E) "Physician assistant" | 366 |
367 | |
under Chapter 4730. of the Revised Code. | 368 |
Sec. 3727.06. (A) As used in this section: | 369 |
(1) "Doctor" means an individual authorized to practice | 370 |
medicine and surgery or osteopathic medicine and surgery. | 371 |
(2) "Podiatrist" means an individual authorized to practice | 372 |
podiatric medicine and surgery. | 373 |
(B)(1) Only the following may admit a patient to a hospital: | 374 |
(a) A doctor who is a member of the hospital's medical staff; | 375 |
(b) A dentist who is a member of the hospital's medical | 376 |
staff; | 377 |
(c) A podiatrist who is a member of the hospital's medical | 378 |
staff; | 379 |
(d) A clinical nurse specialist, certified nurse-midwife, or | 380 |
certified nurse practitioner if all of the following conditions | 381 |
are met: | 382 |
(i) The clinical nurse specialist, certified nurse-midwife, | 383 |
or certified nurse practitioner has a standard care arrangement | 384 |
entered into pursuant to section 4723.431 of the Revised Code with | 385 |
a collaborating doctor or podiatrist who is a member of the | 386 |
medical staff; | 387 |
(ii) The patient will be under the medical supervision of the | 388 |
collaborating doctor or podiatrist; | 389 |
(iii) The hospital has granted the clinical nurse specialist, | 390 |
certified nurse-midwife, or certified nurse practitioner admitting | 391 |
privileges and appropriate credentials. | 392 |
(e) A physician assistant if all of the following conditions | 393 |
are met: | 394 |
(i) The physician assistant is listed on a supervision | 395 |
agreement | 396 |
Revised Code for a doctor or podiatrist who is a member of the | 397 |
hospital's medical staff. | 398 |
(ii) The patient will be under the medical supervision of the | 399 |
supervising doctor or podiatrist. | 400 |
(iii) The hospital has granted the physician assistant | 401 |
admitting privileges and appropriate credentials. | 402 |
(2) Prior to admitting a patient, a clinical nurse | 403 |
specialist, certified nurse-midwife, certified nurse practitioner, | 404 |
or physician assistant shall notify the collaborating or | 405 |
supervising doctor or podiatrist of the planned admission. | 406 |
(C) All hospital patients shall be under the medical | 407 |
supervision of a doctor, except that services that may be rendered | 408 |
by a licensed dentist pursuant to Chapter 4715. of the Revised | 409 |
Code provided to patients admitted solely for the purpose of | 410 |
receiving such services shall be under the supervision of the | 411 |
admitting dentist and that services that may be rendered by a | 412 |
podiatrist pursuant to section 4731.51 of the Revised Code | 413 |
provided to patients admitted solely for the purpose of receiving | 414 |
such services shall be under the supervision of the admitting | 415 |
podiatrist. If treatment not within the scope of Chapter 4715. or | 416 |
section 4731.51 of the Revised Code is required at the time of | 417 |
admission by a dentist or podiatrist, or becomes necessary during | 418 |
the course of hospital treatment by a dentist or podiatrist, such | 419 |
treatment shall be under the supervision of a doctor who is a | 420 |
member of the medical staff. It shall be the responsibility of the | 421 |
admitting dentist or podiatrist to make arrangements with a doctor | 422 |
who is a member of the medical staff to be responsible for the | 423 |
patient's treatment outside the scope of Chapter 4715. or section | 424 |
4731.51 of the Revised Code when necessary during the patient's | 425 |
stay in the hospital. | 426 |
Sec. 3729.05. (A)(1) | 427 |
section, on or after the first day of April, but before the first | 428 |
day of May of each year, every person who intends to operate a | 429 |
recreational vehicle park, recreation camp, or combined park-camp | 430 |
shall procure a license to operate the park or camp from the | 431 |
licensor. If the applicable license fee prescribed under section | 432 |
3729.07 of the Revised Code is not received by the licensor by the | 433 |
close of business on the last day of April, the applicant for the | 434 |
license shall pay a penalty equal to twenty-five per cent of the | 435 |
applicable license fee. The penalty shall accompany the license | 436 |
fee. If the last day of April is not a business day, the penalty | 437 |
attaches upon the close of business on the next business day. | 438 |
(2) Every person who intends to operate a temporary park-camp | 439 |
shall obtain a license to operate the temporary park-camp from the | 440 |
licensor at any time before the person begins operation of the | 441 |
temporary park-camp during the calendar year. | 442 |
(3) No recreational vehicle park, recreation camp, combined | 443 |
park-camp, or temporary park-camp shall be maintained or operated | 444 |
in this state without a license. However, no person who neither | 445 |
intends to receive nor receives anything of value arising from the | 446 |
use of, or the sale of goods or services in connection with the | 447 |
use of, a recreational vehicle park, recreation camp, combined | 448 |
park-camp, or temporary park-camp is required to procure a license | 449 |
under this division. If any health hazard exists at such an | 450 |
unlicensed park, camp, or park-camp, the health hazard shall be | 451 |
corrected in a manner consistent with the appropriate rule adopted | 452 |
under division (A) or (B) of section 3729.02 of the Revised Code. | 453 |
(4) No person who has received a license under division | 454 |
(A)(1) of this section, upon the sale or disposition of the | 455 |
recreational vehicle park, recreation camp, or combined park-camp, | 456 |
may have the license transferred to the new operator. A person | 457 |
shall obtain a separate license to operate each recreational | 458 |
vehicle park, recreation camp, or combined park-camp. No license | 459 |
to operate a temporary park-camp shall be transferred. A person | 460 |
shall obtain a separate license for each temporary park-camp that | 461 |
the person intends to operate, and the license shall be valid for | 462 |
a period of not longer than seven consecutive days. A person who | 463 |
operates a temporary park-camp on a tract of land for more than | 464 |
twenty-one days or parts thereof in a calendar year shall obtain a | 465 |
license to operate a recreational vehicle park, recreation camp, | 466 |
or combined park-camp. | 467 |
(B)(1) Before a license is initially issued under division | 468 |
(A)(1) of this section and annually thereafter, or more often if | 469 |
necessary, the licensor shall cause each recreational vehicle | 470 |
park, recreation camp, or combined park-camp to be inspected to | 471 |
determine compliance with this chapter and rules adopted under it. | 472 |
A record shall be made of each inspection on a form prescribed by | 473 |
the director of health. | 474 |
(2) When a license is initially issued under division (A)(2) | 475 |
of this section, and more often if necessary, the licensor shall | 476 |
cause each temporary park-camp to be inspected to determine | 477 |
compliance with this chapter and rules adopted under it during the | 478 |
period that the temporary park-camp is in operation. A record | 479 |
shall be made of each inspection on a form prescribed by the | 480 |
director. | 481 |
(C) Each person applying for an initial license to operate a | 482 |
recreational vehicle park, recreation camp, combined park-camp, or | 483 |
temporary park-camp shall provide acceptable proof to the | 484 |
director, or to the licensor in the case of a temporary park-camp, | 485 |
that adequate fire protection will be provided and that applicable | 486 |
fire codes will be adhered to in the construction and operation of | 487 |
the park, camp, or park-camp. | 488 |
(D) Any person that operates a county or state fair or any | 489 |
independent agricultural society organized pursuant to section | 490 |
1711.02 of the Revised Code that operates a fair shall not be | 491 |
required to obtain a license under this chapter if recreational | 492 |
vehicles, portable camping units, or any combination of them are | 493 |
parked at the site of the fair only during the time of preparation | 494 |
for, operation of, and dismantling of the fair and if the | 495 |
recreational vehicles, portable camping units, or any combination | 496 |
of them belong to participants in the fair. | 497 |
(E) The following entities that operate a fair and that hold | 498 |
a license issued under this chapter are not required to comply | 499 |
with the requirements normally imposed on a licensee under this | 500 |
chapter and rules adopted under it during the time of preparation | 501 |
for, operation of, and dismantling of the fair: | 502 |
(1) A county agricultural society organized pursuant to | 503 |
section 1711.01 of the Revised Code; | 504 |
(2) An independent agricultural society organized pursuant to | 505 |
section 1711.02 of the Revised Code; | 506 |
(3) The Ohio expositions commission. | 507 |
(F) A motorsports park is exempt from the license | 508 |
requirements established in divisions (A)(1) and (2) of this | 509 |
section if the motorsports park does both of the following: | 510 |
(1) Holds at least one annual event sanctioned by the | 511 |
national association for stock car auto racing or the national hot | 512 |
rod association during a motor sports racing event; | 513 |
(2) Provides parking for recreational vehicles, dependent | 514 |
recreational vehicles, and portable camping units that belong to | 515 |
participants in that event. | 516 |
The exemption established in this division applies to | 517 |
participant-only areas during the time of preparation for and | 518 |
operation of the event. | 519 |
(G) A person subject to this chapter or rules adopted under | 520 |
it may apply to the director for a waiver of or variance from a | 521 |
provision of this chapter or rules adopted under it. The director | 522 |
may grant a waiver or variance if the person demonstrates, to the | 523 |
satisfaction of the director, that the waiver or variance will not | 524 |
result in any adverse effect on the public health and safety. The | 525 |
director shall adopt rules in accordance with Chapter 119. of the | 526 |
Revised Code establishing requirements and procedures governing | 527 |
the application for and granting of a waiver or variance under | 528 |
this division. | 529 |
Sec. 4123.01. As used in this chapter: | 530 |
(A)(1) "Employee" means: | 531 |
(a) Every person in the service of the state, or of any | 532 |
county, municipal corporation, township, or school district | 533 |
therein, including regular members of lawfully constituted police | 534 |
and fire departments of municipal corporations and townships, | 535 |
whether paid or volunteer, and wherever serving within the state | 536 |
or on temporary assignment outside thereof, and executive officers | 537 |
of boards of education, under any appointment or contract of hire, | 538 |
express or implied, oral or written, including any elected | 539 |
official of the state, or of any county, municipal corporation, or | 540 |
township, or members of boards of education. | 541 |
As used in division (A)(1)(a) of this section, the term | 542 |
"employee" includes the following persons when responding to an | 543 |
inherently dangerous situation that calls for an immediate | 544 |
response on the part of the person, regardless of whether the | 545 |
person is within the limits of the jurisdiction of the person's | 546 |
regular employment or voluntary service when responding, on the | 547 |
condition that the person responds to the situation as the person | 548 |
otherwise would if the person were on duty in the person's | 549 |
jurisdiction: | 550 |
(i) Off-duty peace officers | 551 |
552 | |
553 |
(ii) Off-duty firefighters | 554 |
555 |
(iii) Off-duty | 556 |
557 | |
558 | |
559 | |
organization or emergency medical service organization | 560 |
561 |
(b) Every person in the service of any person, firm, or | 562 |
private corporation, including any public service corporation, | 563 |
that (i) employs one or more persons regularly in the same | 564 |
business or in or about the same establishment under any contract | 565 |
of hire, express or implied, oral or written, including aliens and | 566 |
minors, household workers who earn one hundred sixty dollars or | 567 |
more in cash in any calendar quarter from a single household and | 568 |
casual workers who earn one hundred sixty dollars or more in cash | 569 |
in any calendar quarter from a single employer, or (ii) is bound | 570 |
by any such contract of hire or by any other written contract, to | 571 |
pay into the state insurance fund the premiums provided by this | 572 |
chapter. | 573 |
(c) Every person who performs labor or provides services | 574 |
pursuant to a construction contract, as defined in section 4123.79 | 575 |
of the Revised Code, if at least ten of the following criteria | 576 |
apply: | 577 |
(i) The person is required to comply with instructions from | 578 |
the other contracting party regarding the manner or method of | 579 |
performing services; | 580 |
(ii) The person is required by the other contracting party to | 581 |
have particular training; | 582 |
(iii) The person's services are integrated into the regular | 583 |
functioning of the other contracting party; | 584 |
(iv) The person is required to perform the work personally; | 585 |
(v) The person is hired, supervised, or paid by the other | 586 |
contracting party; | 587 |
(vi) A continuing relationship exists between the person and | 588 |
the other contracting party that contemplates continuing or | 589 |
recurring work even if the work is not full time; | 590 |
(vii) The person's hours of work are established by the other | 591 |
contracting party; | 592 |
(viii) The person is required to devote full time to the | 593 |
business of the other contracting party; | 594 |
(ix) The person is required to perform the work on the | 595 |
premises of the other contracting party; | 596 |
(x) The person is required to follow the order of work set by | 597 |
the other contracting party; | 598 |
(xi) The person is required to make oral or written reports | 599 |
of progress to the other contracting party; | 600 |
(xii) The person is paid for services on a regular basis such | 601 |
as hourly, weekly, or monthly; | 602 |
(xiii) The person's expenses are paid for by the other | 603 |
contracting party; | 604 |
(xiv) The person's tools and materials are furnished by the | 605 |
other contracting party; | 606 |
(xv) The person is provided with the facilities used to | 607 |
perform services; | 608 |
(xvi) The person does not realize a profit or suffer a loss | 609 |
as a result of the services provided; | 610 |
(xvii) The person is not performing services for a number of | 611 |
employers at the same time; | 612 |
(xviii) The person does not make the same services available | 613 |
to the general public; | 614 |
(xix) The other contracting party has a right to discharge | 615 |
the person; | 616 |
(xx) The person has the right to end the relationship with | 617 |
the other contracting party without incurring liability pursuant | 618 |
to an employment contract or agreement. | 619 |
Every person in the service of any independent contractor or | 620 |
subcontractor who has failed to pay into the state insurance fund | 621 |
the amount of premium determined and fixed by the administrator of | 622 |
workers' compensation for the person's employment or occupation or | 623 |
if a self-insuring employer has failed to pay compensation and | 624 |
benefits directly to the employer's injured and to the dependents | 625 |
of the employer's killed employees as required by section 4123.35 | 626 |
of the Revised Code, shall be considered as the employee of the | 627 |
person who has entered into a contract, whether written or verbal, | 628 |
with such independent contractor unless such employees or their | 629 |
legal representatives or beneficiaries elect, after injury or | 630 |
death, to regard such independent contractor as the employer. | 631 |
(2) "Employee" does not mean: | 632 |
(a) A duly ordained, commissioned, or licensed minister or | 633 |
assistant or associate minister of a church in the exercise of | 634 |
ministry; | 635 |
(b) Any officer of a family farm corporation; | 636 |
(c) An individual incorporated as a corporation; or | 637 |
(d) An individual who otherwise is an employee of an employer | 638 |
but who signs the waiver and affidavit specified in section | 639 |
4123.15 of the Revised Code on the condition that the | 640 |
administrator has granted a waiver and exception to the | 641 |
individual's employer under section 4123.15 of the Revised Code. | 642 |
Any employer may elect to include as an "employee" within | 643 |
this chapter, any person excluded from the definition of | 644 |
"employee" pursuant to division (A)(2) of this section. If an | 645 |
employer is a partnership, sole proprietorship, individual | 646 |
incorporated as a corporation, or family farm corporation, such | 647 |
employer may elect to include as an "employee" within this | 648 |
chapter, any member of such partnership, the owner of the sole | 649 |
proprietorship, the individual incorporated as a corporation, or | 650 |
the officers of the family farm corporation. In the event of an | 651 |
election, the employer shall serve upon the bureau of workers' | 652 |
compensation written notice naming the persons to be covered, | 653 |
include such employee's remuneration for premium purposes in all | 654 |
future payroll reports, and no person excluded from the definition | 655 |
of "employee" pursuant to division (A)(2) of this section, | 656 |
proprietor, individual incorporated as a corporation, or partner | 657 |
shall be deemed an employee within this division until the | 658 |
employer has served such notice. | 659 |
For informational purposes only, the bureau shall prescribe | 660 |
such language as it considers appropriate, on such of its forms as | 661 |
it considers appropriate, to advise employers of their right to | 662 |
elect to include as an "employee" within this chapter a sole | 663 |
proprietor, any member of a partnership, an individual | 664 |
incorporated as a corporation, the officers of a family farm | 665 |
corporation, or a person excluded from the definition of | 666 |
"employee" under division (A)(2) of this section, that they should | 667 |
check any health and disability insurance policy, or other form of | 668 |
health and disability plan or contract, presently covering them, | 669 |
or the purchase of which they may be considering, to determine | 670 |
whether such policy, plan, or contract excludes benefits for | 671 |
illness or injury that they might have elected to have covered by | 672 |
workers' compensation. | 673 |
(B) "Employer" means: | 674 |
(1) The state, including state hospitals, each county, | 675 |
municipal corporation, township, school district, and hospital | 676 |
owned by a political subdivision or subdivisions other than the | 677 |
state; | 678 |
(2) Every person, firm, professional employer organization, | 679 |
and private corporation, including any public service corporation, | 680 |
that (a) has in service one or more employees or shared employees | 681 |
regularly in the same business or in or about the same | 682 |
establishment under any contract of hire, express or implied, oral | 683 |
or written, or (b) is bound by any such contract of hire or by any | 684 |
other written contract, to pay into the insurance fund the | 685 |
premiums provided by this chapter. | 686 |
All such employers are subject to this chapter. Any member of | 687 |
a firm or association, who regularly performs manual labor in or | 688 |
about a mine, factory, or other establishment, including a | 689 |
household establishment, shall be considered an employee in | 690 |
determining whether such person, firm, or private corporation, or | 691 |
public service corporation, has in its service, one or more | 692 |
employees and the employer shall report the income derived from | 693 |
such labor to the bureau as part of the payroll of such employer, | 694 |
and such member shall thereupon be entitled to all the benefits of | 695 |
an employee. | 696 |
(C) "Injury" includes any injury, whether caused by external | 697 |
accidental means or accidental in character and result, received | 698 |
in the course of, and arising out of, the injured employee's | 699 |
employment. "Injury" does not include: | 700 |
(1) Psychiatric conditions except | 701 |
(a) Where the claimant's psychiatric conditions have arisen | 702 |
from an injury or occupational disease sustained by that claimant | 703 |
704 |
(b) Where the claimant's psychiatric conditions have arisen | 705 |
from sexual conduct in which the claimant was forced by threat of | 706 |
physical harm to engage or participate; | 707 |
(c) Where the claimant is a peace officer, firefighter, or | 708 |
emergency medical worker and is diagnosed with post-traumatic | 709 |
stress disorder that has been received in the course of, and has | 710 |
arisen out of, the claimant's employment as a peace officer, | 711 |
firefighter, or emergency medical worker. | 712 |
(2) Injury or disability caused primarily by the natural | 713 |
deterioration of tissue, an organ, or part of the body; | 714 |
(3) Injury or disability incurred in voluntary participation | 715 |
in an employer-sponsored recreation or fitness activity if the | 716 |
employee signs a waiver of the employee's right to compensation or | 717 |
benefits under this chapter prior to engaging in the recreation or | 718 |
fitness activity; | 719 |
(4) A condition that pre-existed an injury unless that | 720 |
pre-existing condition is substantially aggravated by the injury. | 721 |
Such a substantial aggravation must be documented by objective | 722 |
diagnostic findings, objective clinical findings, or objective | 723 |
test results. Subjective complaints may be evidence of such a | 724 |
substantial aggravation. However, subjective complaints without | 725 |
objective diagnostic findings, objective clinical findings, or | 726 |
objective test results are insufficient to substantiate a | 727 |
substantial aggravation. | 728 |
(D) "Child" includes a posthumous child and a child legally | 729 |
adopted prior to the injury. | 730 |
(E) "Family farm corporation" means a corporation founded for | 731 |
the purpose of farming agricultural land in which the majority of | 732 |
the voting stock is held by and the majority of the stockholders | 733 |
are persons or the spouse of persons related to each other within | 734 |
the fourth degree of kinship, according to the rules of the civil | 735 |
law, and at least one of the related persons is residing on or | 736 |
actively operating the farm, and none of whose stockholders are a | 737 |
corporation. A family farm corporation does not cease to qualify | 738 |
under this division where, by reason of any devise, bequest, or | 739 |
the operation of the laws of descent or distribution, the | 740 |
ownership of shares of voting stock is transferred to another | 741 |
person, as long as that person is within the degree of kinship | 742 |
stipulated in this division. | 743 |
(F) "Occupational disease" means a disease contracted in the | 744 |
course of employment, which by its causes and the characteristics | 745 |
of its manifestation or the condition of the employment results in | 746 |
a hazard which distinguishes the employment in character from | 747 |
employment generally, and the employment creates a risk of | 748 |
contracting the disease in greater degree and in a different | 749 |
manner from the public in general. | 750 |
(G) "Self-insuring employer" means an employer who is granted | 751 |
the privilege of paying compensation and benefits directly under | 752 |
section 4123.35 of the Revised Code, including a board of county | 753 |
commissioners for the sole purpose of constructing a sports | 754 |
facility as defined in section 307.696 of the Revised Code, | 755 |
provided that the electors of the county in which the sports | 756 |
facility is to be built have approved construction of a sports | 757 |
facility by ballot election no later than November 6, 1997. | 758 |
(H) "Private employer" means an employer as defined in | 759 |
division (B)(2) of this section. | 760 |
(I) "Professional employer organization" has the same meaning | 761 |
as in section 4125.01 of the Revised Code. | 762 |
(J) "Public employer" means an employer as defined in | 763 |
division (B)(1) of this section. | 764 |
(K) "Sexual conduct" means vaginal intercourse between a male | 765 |
and female; anal intercourse, fellatio, and cunnilingus between | 766 |
persons regardless of gender; and, without privilege to do so, the | 767 |
insertion, however slight, of any part of the body or any | 768 |
instrument, apparatus, or other object into the vaginal or anal | 769 |
cavity of another. Penetration, however slight, is sufficient to | 770 |
complete vaginal or anal intercourse. | 771 |
(L) "Other-states' insurer" means an insurance company that | 772 |
is authorized to provide workers' compensation insurance coverage | 773 |
in any of the states that permit employers to obtain insurance for | 774 |
workers' compensation claims through insurance companies. | 775 |
(M) "Other-states' coverage" means both of the following: | 776 |
(1) Insurance coverage secured by an eligible employer for | 777 |
workers' compensation claims of employees who are in employment | 778 |
relationships localized in a state other than this state or those | 779 |
employees' dependents; | 780 |
(2) Insurance coverage secured by an eligible employer for | 781 |
workers' compensation claims that arise in a state other than this | 782 |
state where an employer elects to obtain coverage through either | 783 |
the administrator or an other-states' insurer. | 784 |
(N) "Limited other-states coverage" means insurance coverage | 785 |
provided by the administrator to an eligible employer for workers' | 786 |
compensation claims of employees who are in an employment | 787 |
relationship localized in this state but are temporarily working | 788 |
in a state other than this state, or those employees' dependents. | 789 |
(O) "Peace officer" has the same meaning as in section | 790 |
2935.01 of the Revised Code. | 791 |
(P) "Firefighter" means a firefighter, whether paid or | 792 |
volunteer, of a lawfully constituted fire department. | 793 |
(Q) "Emergency medical worker" means a first responder, | 794 |
emergency medical technician-basic, emergency medical | 795 |
technician-intermediate, or emergency medical | 796 |
technician-paramedic, certified under Chapter 4765. of the Revised | 797 |
Code, whether paid or volunteer. | 798 |
Sec. 4123.026. | 799 |
compensation, or a self-insuring public employer for the peace | 800 |
officers, firefighters, and emergency medical workers employed by | 801 |
or volunteering for that self-insuring public employer, shall pay | 802 |
the costs of conducting post-exposure medical diagnostic services, | 803 |
consistent with the standards of medical care existing at the time | 804 |
of the exposure, to investigate whether an injury or occupational | 805 |
disease was sustained by a peace officer, firefighter, or | 806 |
emergency medical worker when coming into contact with the blood | 807 |
or other body fluid of another person in the course of and arising | 808 |
out of the peace officer's, firefighter's, or emergency medical | 809 |
worker's employment, or when responding to an inherently dangerous | 810 |
situation in the manner described in, and in accordance with the | 811 |
conditions specified under, division (A)(1)(a) of section 4123.01 | 812 |
of the Revised Code, through any of the following means: | 813 |
| 814 |
received in the course of conducting mouth-to-mouth resuscitation; | 815 |
| 816 |
| 817 |
as an open sore, wound, lesion, abrasion, or ulcer. | 818 |
| 819 |
| 820 |
821 |
| 822 |
823 |
| 824 |
825 | |
826 | |
827 | |
828 |
Sec. 4123.46. (A)(1) Except as provided in division (A)(2) | 829 |
of this section, the bureau of workers' compensation shall | 830 |
disburse the state insurance fund to employees of employers who | 831 |
have paid into the fund the premiums applicable to the classes to | 832 |
which they belong when the employees have been injured in the | 833 |
course of their employment, wherever the injuries have occurred, | 834 |
and provided the injuries have not been purposely self-inflicted, | 835 |
or to the dependents of the employees in case death has ensued. | 836 |
(2) As long as injuries have not been purposely | 837 |
self-inflicted, the bureau shall disburse the surplus fund created | 838 |
under section 4123.34 of the Revised Code to off-duty peace | 839 |
officers, firefighters, and emergency medical | 840 |
841 | |
who are injured while responding to inherently dangerous | 842 |
situations that call for an immediate response on the part of the | 843 |
person, regardless of whether the person was within the limits of | 844 |
the person's jurisdiction when responding, on the condition that | 845 |
the person responds to the situation as the person otherwise would | 846 |
if the person were on duty in the person's jurisdiction. | 847 |
As used in division (A)(2) of this section, "peace officer," | 848 |
"firefighter," and "emergency medical | 849 |
850 | |
section 4123.01 of the Revised Code. | 851 |
(B) All self-insuring employers, in compliance with this | 852 |
chapter, shall pay the compensation to injured employees, or to | 853 |
the dependents of employees who have been killed in the course of | 854 |
their employment, unless the injury or death of the employee was | 855 |
purposely self-inflicted, and shall furnish the medical, surgical, | 856 |
nurse, and hospital care and attention or funeral expenses as | 857 |
would have been paid and furnished by virtue of this chapter under | 858 |
a similar state of facts by the bureau out of the state insurance | 859 |
fund if the employer had paid the premium into the fund. | 860 |
If any rule or regulation of a self-insuring employer | 861 |
provides for or authorizes the payment of greater compensation or | 862 |
more complete or extended medical care, nursing, surgical, and | 863 |
hospital attention, or funeral expenses to the injured employees, | 864 |
or to the dependents of the employees as may be killed, the | 865 |
employer shall pay to the employees, or to the dependents of | 866 |
employees killed, the amount of compensation and furnish the | 867 |
medical care, nursing, surgical, and hospital attention or funeral | 868 |
expenses provided by the self-insuring employer's rules and | 869 |
regulations. | 870 |
(C) Payment to injured employees, or to their dependents in | 871 |
case death has ensued, is in lieu of any and all rights of action | 872 |
against the employer of the injured or killed employees. | 873 |
Sec. 4503.44. (A) As used in this section and in section | 874 |
4511.69 of the Revised Code: | 875 |
(1) "Person with a disability that limits or impairs the | 876 |
ability to walk" means any person who, as determined by a health | 877 |
care provider, meets any of the following criteria: | 878 |
(a) Cannot walk two hundred feet without stopping to rest; | 879 |
(b) Cannot walk without the use of, or assistance from, a | 880 |
brace, cane, crutch, another person, prosthetic device, | 881 |
wheelchair, or other assistive device; | 882 |
(c) Is restricted by a lung disease to such an extent that | 883 |
the person's forced (respiratory) expiratory volume for one | 884 |
second, when measured by spirometry, is less than one liter, or | 885 |
the arterial oxygen tension is less than sixty millimeters of | 886 |
mercury on room air at rest; | 887 |
(d) Uses portable oxygen; | 888 |
(e) Has a cardiac condition to the extent that the person's | 889 |
functional limitations are classified in severity as class III or | 890 |
class IV according to standards set by the American heart | 891 |
association; | 892 |
(f) Is severely limited in the ability to walk due to an | 893 |
arthritic, neurological, or orthopedic condition; | 894 |
(g) Is blind, legally blind, or severely visually impaired. | 895 |
(2) "Organization" means any private organization or | 896 |
corporation, or any governmental board, agency, department, | 897 |
division, or office, that, as part of its business or program, | 898 |
transports persons with disabilities that limit or impair the | 899 |
ability to walk on a regular basis in a motor vehicle that has not | 900 |
been altered for the purpose of providing it with special | 901 |
equipment for use by persons with disabilities. This definition | 902 |
does not apply to division (I) of this section. | 903 |
(3) "Health care provider" means a physician, physician | 904 |
assistant, advanced practice registered nurse, optometrist, or | 905 |
chiropractor as defined in this section except that an optometrist | 906 |
shall only make determinations as to division (A)(1)(g) of this | 907 |
section. | 908 |
(4) "Physician" means a person licensed to practice medicine | 909 |
or surgery or osteopathic medicine and surgery under Chapter 4731. | 910 |
of the Revised Code. | 911 |
(5) "Chiropractor" means a person licensed to practice | 912 |
chiropractic under Chapter 4734. of the Revised Code. | 913 |
(6) "Advanced practice registered nurse" means a certified | 914 |
nurse practitioner, clinical nurse specialist, certified | 915 |
registered nurse anesthetist, or certified nurse-midwife who holds | 916 |
a certificate of authority issued by the board of nursing under | 917 |
Chapter 4723. of the Revised Code. | 918 |
(7) "Physician assistant" means a person who | 919 |
920 | |
licensed as a physician assistant under Chapter 4730. of the | 921 |
Revised Code. | 922 |
(8) "Optometrist" means a person licensed to engage in the | 923 |
practice of optometry under Chapter 4725. of the Revised Code. | 924 |
(B)(1) An organization, or a person with a disability that | 925 |
limits or impairs the ability to walk, may apply for the | 926 |
registration of any motor vehicle the organization or person owns | 927 |
or leases. When a motor vehicle has been altered for the purpose | 928 |
of providing it with special equipment for a person with a | 929 |
disability that limits or impairs the ability to walk, but is | 930 |
owned or leased by someone other than such a person, the owner or | 931 |
lessee may apply to the registrar or a deputy registrar for | 932 |
registration under this section. The application for registration | 933 |
of a motor vehicle owned or leased by a person with a disability | 934 |
that limits or impairs the ability to walk shall be accompanied by | 935 |
a signed statement from the applicant's health care provider | 936 |
certifying that the applicant meets at least one of the criteria | 937 |
contained in division (A)(1) of this section and that the | 938 |
disability is expected to continue for more than six consecutive | 939 |
months. The application for registration of a motor vehicle that | 940 |
has been altered for the purpose of providing it with special | 941 |
equipment for a person with a disability that limits or impairs | 942 |
the ability to walk but is owned by someone other than such a | 943 |
person shall be accompanied by such documentary evidence of | 944 |
vehicle alterations as the registrar may require by rule. | 945 |
(2) When an organization, a person with a disability that | 946 |
limits or impairs the ability to walk, or a person who does not | 947 |
have a disability that limits or impairs the ability to walk but | 948 |
owns a motor vehicle that has been altered for the purpose of | 949 |
providing it with special equipment for a person with a disability | 950 |
that limits or impairs the ability to walk first submits an | 951 |
application for registration of a motor vehicle under this section | 952 |
and every fifth year thereafter, the organization or person shall | 953 |
submit a signed statement from the applicant's health care | 954 |
provider, a completed application, and any required documentary | 955 |
evidence of vehicle alterations as provided in division (B)(1) of | 956 |
this section, and also a power of attorney from the owner of the | 957 |
motor vehicle if the applicant leases the vehicle. Upon submission | 958 |
of these items, the registrar or deputy registrar shall issue to | 959 |
the applicant appropriate vehicle registration and a set of | 960 |
license plates and validation stickers, or validation stickers | 961 |
alone when required by section 4503.191 of the Revised Code. In | 962 |
addition to the letters and numbers ordinarily inscribed thereon, | 963 |
the license plates shall be imprinted with the international | 964 |
symbol of access. The license plates and validation stickers shall | 965 |
be issued upon payment of the regular license fee as prescribed | 966 |
under section 4503.04 of the Revised Code and any motor vehicle | 967 |
tax levied under Chapter 4504. of the Revised Code, and the | 968 |
payment of a service fee equal to the amount specified in division | 969 |
(D) or (G) of section 4503.10 of the Revised Code. | 970 |
(C)(1) A person with a disability that limits or impairs the | 971 |
ability to walk may apply to the registrar of motor vehicles for a | 972 |
removable windshield placard by completing and signing an | 973 |
application provided by the registrar. The person shall include | 974 |
with the application a prescription from the person's health care | 975 |
provider prescribing such a placard for the person based upon a | 976 |
determination that the person meets at least one of the criteria | 977 |
contained in division (A)(1) of this section. The health care | 978 |
provider shall state on the prescription the length of time the | 979 |
health care provider expects the applicant to have the disability | 980 |
that limits or impairs the person's ability to walk. | 981 |
In addition to one placard or one or more sets of license | 982 |
plates, a person with a disability that limits or impairs the | 983 |
ability to walk is entitled to one additional placard, but only if | 984 |
the person applies separately for the additional placard, states | 985 |
the reasons why the additional placard is needed, and the | 986 |
registrar, in the registrar's discretion determines that good and | 987 |
justifiable cause exists to approve the request for the additional | 988 |
placard. | 989 |
(2) An organization may apply to the registrar of motor | 990 |
vehicles for a removable windshield placard by completing and | 991 |
signing an application provided by the registrar. The organization | 992 |
shall comply with any procedures the registrar establishes by | 993 |
rule. The organization shall include with the application | 994 |
documentary evidence that the registrar requires by rule showing | 995 |
that the organization regularly transports persons with | 996 |
disabilities that limit or impair the ability to walk. | 997 |
(3) Upon receipt of a completed and signed application for a | 998 |
removable windshield placard, the accompanying documents required | 999 |
under division (C)(1) or (2) of this section, and payment of a | 1000 |
service fee equal to the amount specified in division (D) or (G) | 1001 |
of section 4503.10 of the Revised Code, the registrar or deputy | 1002 |
registrar shall issue to the applicant a removable windshield | 1003 |
placard, which shall bear the date of expiration on both sides of | 1004 |
the placard and shall be valid until expired, revoked, or | 1005 |
surrendered. Every removable windshield placard expires as | 1006 |
described in division (C)(4) of this section, but in no case shall | 1007 |
a removable windshield placard be valid for a period of less than | 1008 |
sixty days. Removable windshield placards shall be renewable upon | 1009 |
application as provided in division (C)(1) or (2) of this section | 1010 |
and upon payment of a service fee equal to the amount specified in | 1011 |
division (D) or (G) of section 4503.10 of the Revised Code for the | 1012 |
renewal of a removable windshield placard. The registrar shall | 1013 |
provide the application form and shall determine the information | 1014 |
to be included thereon. The registrar also shall determine the | 1015 |
form and size of the removable windshield placard, the material of | 1016 |
which it is to be made, and any other information to be included | 1017 |
thereon, and shall adopt rules relating to the issuance, | 1018 |
expiration, revocation, surrender, and proper display of such | 1019 |
placards. Any placard issued after October 14, 1999, shall be | 1020 |
manufactured in a manner that allows the expiration date of the | 1021 |
placard to be indicated on it through the punching, drilling, | 1022 |
boring, or creation by any other means of holes in the placard. | 1023 |
(4) At the time a removable windshield placard is issued to a | 1024 |
person with a disability that limits or impairs the ability to | 1025 |
walk, the registrar or deputy registrar shall enter into the | 1026 |
records of the bureau of motor vehicles the last date on which the | 1027 |
person will have that disability, as indicated on the accompanying | 1028 |
prescription. Not less than thirty days prior to that date and all | 1029 |
removable windshield placard renewal dates, the bureau shall send | 1030 |
a renewal notice to that person at the person's last known address | 1031 |
as shown in the records of the bureau, informing the person that | 1032 |
the person's removable windshield placard will expire on the | 1033 |
indicated date not to exceed five years from the date of issuance, | 1034 |
and that the person is required to renew the placard by submitting | 1035 |
to the registrar or a deputy registrar another prescription, as | 1036 |
described in division (C)(1) or (2) of this section, and by | 1037 |
complying with the renewal provisions prescribed in division | 1038 |
(C)(3) of this section. If such a prescription is not received by | 1039 |
the registrar or a deputy registrar by that date, the placard | 1040 |
issued to that person expires and no longer is valid, and this | 1041 |
fact shall be recorded in the records of the bureau. | 1042 |
(5) At least once every year, on a date determined by the | 1043 |
registrar, the bureau shall examine the records of the office of | 1044 |
vital statistics, located within the department of health, that | 1045 |
pertain to deceased persons, and also the bureau's records of all | 1046 |
persons who have been issued removable windshield placards and | 1047 |
temporary removable windshield placards. If the records of the | 1048 |
office of vital statistics indicate that a person to whom a | 1049 |
removable windshield placard or temporary removable windshield | 1050 |
placard has been issued is deceased, the bureau shall cancel that | 1051 |
placard, and note the cancellation in its records. | 1052 |
The office of vital statistics shall make available to the | 1053 |
bureau all information necessary to enable the bureau to comply | 1054 |
with division (C)(5) of this section. | 1055 |
(6) Nothing in this section shall be construed to require a | 1056 |
person or organization to apply for a removable windshield placard | 1057 |
or special license plates if the special license plates issued to | 1058 |
the person or organization under prior law have not expired or | 1059 |
been surrendered or revoked. | 1060 |
(D)(1)(a) A person with a disability that limits or impairs | 1061 |
the ability to walk may apply to the registrar or a deputy | 1062 |
registrar for a temporary removable windshield placard. The | 1063 |
application for a temporary removable windshield placard shall be | 1064 |
accompanied by a prescription from the applicant's health care | 1065 |
provider prescribing such a placard for the applicant, provided | 1066 |
that the applicant meets at least one of the criteria contained in | 1067 |
division (A)(1) of this section and that the disability is | 1068 |
expected to continue for six consecutive months or less. The | 1069 |
health care provider shall state on the prescription the length of | 1070 |
time the health care provider expects the applicant to have the | 1071 |
disability that limits or impairs the applicant's ability to walk, | 1072 |
which cannot exceed six months from the date of the prescription. | 1073 |
Upon receipt of an application for a temporary removable | 1074 |
windshield placard, presentation of the prescription from the | 1075 |
applicant's health care provider, and payment of a service fee | 1076 |
equal to the amount specified in division (D) or (G) of section | 1077 |
4503.10 of the Revised Code, the registrar or deputy registrar | 1078 |
shall issue to the applicant a temporary removable windshield | 1079 |
placard. | 1080 |
(b) Any active-duty member of the armed forces of the United | 1081 |
States, including the reserve components of the armed forces and | 1082 |
the national guard, who has an illness or injury that limits or | 1083 |
impairs the ability to walk may apply to the registrar or a deputy | 1084 |
registrar for a temporary removable windshield placard. With the | 1085 |
application, the person shall present evidence of the person's | 1086 |
active-duty status and the illness or injury. Evidence of the | 1087 |
illness or injury may include a current department of defense | 1088 |
convalescent leave statement, any department of defense document | 1089 |
indicating that the person currently has an ill or injured | 1090 |
casualty status or has limited duties, or a prescription from any | 1091 |
health care provider prescribing the placard for the applicant. | 1092 |
Upon receipt of the application and the necessary evidence, the | 1093 |
registrar or deputy registrar shall issue the applicant the | 1094 |
temporary removable windshield placard without the payment of any | 1095 |
service fee. | 1096 |
(2) The temporary removable windshield placard shall be of | 1097 |
the same size and form as the removable windshield placard, shall | 1098 |
be printed in white on a red-colored background, and shall bear | 1099 |
the word "temporary" in letters of such size as the registrar | 1100 |
shall prescribe. A temporary removable windshield placard also | 1101 |
shall bear the date of expiration on the front and back of the | 1102 |
placard, and shall be valid until expired, surrendered, or | 1103 |
revoked, but in no case shall such a placard be valid for a period | 1104 |
of less than sixty days. The registrar shall provide the | 1105 |
application form and shall determine the information to be | 1106 |
included on it, provided that the registrar shall not require a | 1107 |
health care provider's prescription or certification for a person | 1108 |
applying under division (D)(1)(b) of this section. The registrar | 1109 |
also shall determine the material of which the temporary removable | 1110 |
windshield placard is to be made and any other information to be | 1111 |
included on the placard and shall adopt rules relating to the | 1112 |
issuance, expiration, surrender, revocation, and proper display of | 1113 |
those placards. Any temporary removable windshield placard issued | 1114 |
after October 14, 1999, shall be manufactured in a manner that | 1115 |
allows for the expiration date of the placard to be indicated on | 1116 |
it through the punching, drilling, boring, or creation by any | 1117 |
other means of holes in the placard. | 1118 |
(E) If an applicant for a removable windshield placard is a | 1119 |
veteran of the armed forces of the United States whose disability, | 1120 |
as defined in division (A)(1) of this section, is | 1121 |
service-connected, the registrar or deputy registrar, upon receipt | 1122 |
of the application, presentation of a signed statement from the | 1123 |
applicant's health care provider certifying the applicant's | 1124 |
disability, and presentation of such documentary evidence from the | 1125 |
department of veterans affairs that the disability of the | 1126 |
applicant meets at least one of the criteria identified in | 1127 |
division (A)(1) of this section and is service-connected as the | 1128 |
registrar may require by rule, but without the payment of any | 1129 |
service fee, shall issue the applicant a removable windshield | 1130 |
placard that is valid until expired, surrendered, or revoked. | 1131 |
(F) Upon a conviction of a violation of division (H) or (I) | 1132 |
of this section, the court shall report the conviction, and send | 1133 |
the placard, if available, to the registrar, who thereupon shall | 1134 |
revoke the privilege of using the placard and send notice in | 1135 |
writing to the placardholder at that holder's last known address | 1136 |
as shown in the records of the bureau, and the placardholder shall | 1137 |
return the placard if not previously surrendered to the court, to | 1138 |
the registrar within ten days following mailing of the notice. | 1139 |
Whenever a person to whom a removable windshield placard has | 1140 |
been issued moves to another state, the person shall surrender the | 1141 |
placard to the registrar; and whenever an organization to which a | 1142 |
placard has been issued changes its place of operation to another | 1143 |
state, the organization shall surrender the placard to the | 1144 |
registrar. | 1145 |
(G) Subject to division (F) of section 4511.69 of the Revised | 1146 |
Code, the operator of a motor vehicle displaying a removable | 1147 |
windshield placard, temporary removable windshield placard, or the | 1148 |
special license plates authorized by this section is entitled to | 1149 |
park the motor vehicle in any special parking location reserved | 1150 |
for persons with disabilities that limit or impair the ability to | 1151 |
walk, also known as handicapped parking spaces or disability | 1152 |
parking spaces. | 1153 |
(H) No person or organization that is not eligible for the | 1154 |
issuance of license plates or any placard under this section shall | 1155 |
willfully and falsely represent that the person or organization is | 1156 |
so eligible. | 1157 |
No person or organization shall display license plates issued | 1158 |
under this section unless the license plates have been issued for | 1159 |
the vehicle on which they are displayed and are valid. | 1160 |
(I) No person or organization to which a removable windshield | 1161 |
placard or temporary removable windshield placard is issued shall | 1162 |
do either of the following: | 1163 |
(1) Display or permit the display of the placard on any motor | 1164 |
vehicle when having reasonable cause to believe the motor vehicle | 1165 |
is being used in connection with an activity that does not include | 1166 |
providing transportation for persons with disabilities that limit | 1167 |
or impair the ability to walk; | 1168 |
(2) Refuse to return or surrender the placard, when required. | 1169 |
(J) If a removable windshield placard, temporary removable | 1170 |
windshield placard, or parking card is lost, destroyed, or | 1171 |
mutilated, the placardholder or cardholder may obtain a duplicate | 1172 |
by doing both of the following: | 1173 |
(1) Furnishing suitable proof of the loss, destruction, or | 1174 |
mutilation to the registrar; | 1175 |
(2) Paying a service fee equal to the amount specified in | 1176 |
division (D) or (G) of section 4503.10 of the Revised Code. | 1177 |
Any placardholder or cardholder who loses a placard or card | 1178 |
and, after obtaining a duplicate, finds the original, immediately | 1179 |
shall surrender the original placard or card to the registrar. | 1180 |
(K)(1) The registrar shall pay all fees received under this | 1181 |
section for the issuance of removable windshield placards or | 1182 |
temporary removable windshield placards or duplicate removable | 1183 |
windshield placards or cards into the state treasury to the credit | 1184 |
of the state bureau of motor vehicles fund created in section | 1185 |
4501.25 of the Revised Code. | 1186 |
(2) In addition to the fees collected under this section, the | 1187 |
registrar or deputy registrar shall ask each person applying for a | 1188 |
removable windshield placard or temporary removable windshield | 1189 |
placard or duplicate removable windshield placard or license plate | 1190 |
issued under this section, whether the person wishes to make a | 1191 |
two-dollar voluntary contribution to support rehabilitation | 1192 |
employment services. The registrar shall transmit the | 1193 |
contributions received under this division to the treasurer of | 1194 |
state for deposit into the rehabilitation employment fund, which | 1195 |
is hereby created in the state treasury. A deputy registrar shall | 1196 |
transmit the contributions received under this division to the | 1197 |
registrar in the time and manner prescribed by the registrar. The | 1198 |
contributions in the fund shall be used by the opportunities for | 1199 |
Ohioans with disabilities agency to purchase services related to | 1200 |
vocational evaluation, work adjustment, personal adjustment, job | 1201 |
placement, job coaching, and community-based assessment from | 1202 |
accredited community rehabilitation program facilities. | 1203 |
(L) For purposes of enforcing this section, every peace | 1204 |
officer is deemed to be an agent of the registrar. Any peace | 1205 |
officer or any authorized employee of the bureau of motor vehicles | 1206 |
who, in the performance of duties authorized by law, becomes aware | 1207 |
of a person whose placard or parking card has been revoked | 1208 |
pursuant to this section, may confiscate that placard or parking | 1209 |
card and return it to the registrar. The registrar shall prescribe | 1210 |
any forms used by law enforcement agencies in administering this | 1211 |
section. | 1212 |
No peace officer, law enforcement agency employing a peace | 1213 |
officer, or political subdivision or governmental agency employing | 1214 |
a peace officer, and no employee of the bureau is liable in a | 1215 |
civil action for damages or loss to persons arising out of the | 1216 |
performance of any duty required or authorized by this section. As | 1217 |
used in this division, "peace officer" has the same meaning as in | 1218 |
division (B) of section 2935.01 of the Revised Code. | 1219 |
(M) All applications for registration of motor vehicles, | 1220 |
removable windshield placards, and temporary removable windshield | 1221 |
placards issued under this section, all renewal notices for such | 1222 |
items, and all other publications issued by the bureau that relate | 1223 |
to this section shall set forth the criminal penalties that may be | 1224 |
imposed upon a person who violates any provision relating to | 1225 |
special license plates issued under this section, the parking of | 1226 |
vehicles displaying such license plates, and the issuance, | 1227 |
procurement, use, and display of removable windshield placards and | 1228 |
temporary removable windshield placards issued under this section. | 1229 |
(N) Whoever violates this section is guilty of a misdemeanor | 1230 |
of the fourth degree. | 1231 |
Sec. 4723.01. As used in this chapter: | 1232 |
(A) "Registered nurse" means an individual who holds a | 1233 |
current, valid license issued under this chapter that authorizes | 1234 |
the practice of nursing as a registered nurse. | 1235 |
(B) "Practice of nursing as a registered nurse" means | 1236 |
providing to individuals and groups nursing care requiring | 1237 |
specialized knowledge, judgment, and skill derived from the | 1238 |
principles of biological, physical, behavioral, social, and | 1239 |
nursing sciences. Such nursing care includes: | 1240 |
(1) Identifying patterns of human responses to actual or | 1241 |
potential health problems amenable to a nursing regimen; | 1242 |
(2) Executing a nursing regimen through the selection, | 1243 |
performance, management, and evaluation of nursing actions; | 1244 |
(3) Assessing health status for the purpose of providing | 1245 |
nursing care; | 1246 |
(4) Providing health counseling and health teaching; | 1247 |
(5) Administering medications, treatments, and executing | 1248 |
regimens authorized by an individual who is authorized to practice | 1249 |
in this state and is acting within the course of the individual's | 1250 |
professional practice; | 1251 |
(6) Teaching, administering, supervising, delegating, and | 1252 |
evaluating nursing practice. | 1253 |
(C) "Nursing regimen" may include preventative, restorative, | 1254 |
and health-promotion activities. | 1255 |
(D) "Assessing health status" means the collection of data | 1256 |
through nursing assessment techniques, which may include | 1257 |
interviews, observation, and physical evaluations for the purpose | 1258 |
of providing nursing care. | 1259 |
(E) "Licensed practical nurse" means an individual who holds | 1260 |
a current, valid license issued under this chapter that authorizes | 1261 |
the practice of nursing as a licensed practical nurse. | 1262 |
(F) "The practice of nursing as a licensed practical nurse" | 1263 |
means providing to individuals and groups nursing care requiring | 1264 |
the application of basic knowledge of the biological, physical, | 1265 |
behavioral, social, and nursing sciences at the direction of any | 1266 |
of the following who is authorized to practice in this state: a | 1267 |
1268 | |
optometrist, chiropractor, or registered nurse. Such nursing care | 1269 |
includes: | 1270 |
(1) Observation, patient teaching, and care in a diversity of | 1271 |
health care settings; | 1272 |
(2) Contributions to the planning, implementation, and | 1273 |
evaluation of nursing; | 1274 |
(3) Administration of medications and treatments authorized | 1275 |
by an individual who is authorized to practice in this state and | 1276 |
is acting within the course of the individual's professional | 1277 |
practice on the condition that the licensed practical nurse is | 1278 |
authorized under section 4723.17 of the Revised Code to administer | 1279 |
medications; | 1280 |
(4) Administration to an adult of intravenous therapy | 1281 |
authorized by an individual who is authorized to practice in this | 1282 |
state and is acting within the course of the individual's | 1283 |
professional practice, on the condition that the licensed | 1284 |
practical nurse is authorized under section 4723.18 or 4723.181 of | 1285 |
the Revised Code to perform intravenous therapy and performs | 1286 |
intravenous therapy only in accordance with those sections; | 1287 |
(5) Delegation of nursing tasks as directed by a registered | 1288 |
nurse; | 1289 |
(6) Teaching nursing tasks to licensed practical nurses and | 1290 |
individuals to whom the licensed practical nurse is authorized to | 1291 |
delegate nursing tasks as directed by a registered nurse. | 1292 |
(G) "Certified registered nurse anesthetist" means a | 1293 |
registered nurse who holds a valid certificate of authority issued | 1294 |
under this chapter that authorizes the practice of nursing as a | 1295 |
certified registered nurse anesthetist in accordance with section | 1296 |
4723.43 of the Revised Code and rules adopted by the board of | 1297 |
nursing. | 1298 |
(H) "Clinical nurse specialist" means a registered nurse who | 1299 |
holds a valid certificate of authority issued under this chapter | 1300 |
that authorizes the practice of nursing as a clinical nurse | 1301 |
specialist in accordance with section 4723.43 of the Revised Code | 1302 |
and rules adopted by the board of nursing. | 1303 |
(I) "Certified nurse-midwife" means a registered nurse who | 1304 |
holds a valid certificate of authority issued under this chapter | 1305 |
that authorizes the practice of nursing as a certified | 1306 |
nurse-midwife in accordance with section 4723.43 of the Revised | 1307 |
Code and rules adopted by the board of nursing. | 1308 |
(J) "Certified nurse practitioner" means a registered nurse | 1309 |
who holds a valid certificate of authority issued under this | 1310 |
chapter that authorizes the practice of nursing as a certified | 1311 |
nurse practitioner in accordance with section 4723.43 of the | 1312 |
Revised Code and rules adopted by the board of nursing. | 1313 |
(K) "Physician" means an individual authorized under Chapter | 1314 |
4731. of the Revised Code to practice medicine and surgery or | 1315 |
osteopathic medicine and surgery. | 1316 |
(L) "Collaboration" or "collaborating" means the following: | 1317 |
(1) In the case of a clinical nurse specialist, except as | 1318 |
provided in division (L)(3) of this section, or a certified nurse | 1319 |
practitioner, that one or more podiatrists acting within the scope | 1320 |
of practice of podiatry in accordance with section 4731.51 of the | 1321 |
Revised Code and with whom the nurse has entered into a standard | 1322 |
care arrangement or one or more physicians with whom the nurse has | 1323 |
entered into a standard care arrangement are continuously | 1324 |
available to communicate with the clinical nurse specialist or | 1325 |
certified nurse practitioner either in person or by radio, | 1326 |
telephone, or other form of telecommunication; | 1327 |
(2) In the case of a certified nurse-midwife, that one or | 1328 |
more physicians with whom the certified nurse-midwife has entered | 1329 |
into a standard care arrangement are continuously available to | 1330 |
communicate with the certified nurse-midwife either in person or | 1331 |
by radio, telephone, or other form of telecommunication; | 1332 |
(3) In the case of a clinical nurse specialist who practices | 1333 |
the nursing specialty of mental health or psychiatric mental | 1334 |
health without being authorized to prescribe drugs and therapeutic | 1335 |
devices, that one or more physicians are continuously available to | 1336 |
communicate with the nurse either in person or by radio, | 1337 |
telephone, or other form of telecommunication. | 1338 |
(M) "Supervision," as it pertains to a certified registered | 1339 |
nurse anesthetist, means that the certified registered nurse | 1340 |
anesthetist is under the direction of a podiatrist acting within | 1341 |
the podiatrist's scope of practice in accordance with section | 1342 |
4731.51 of the Revised Code, a dentist acting within the dentist's | 1343 |
scope of practice in accordance with Chapter 4715. of the Revised | 1344 |
Code, or a physician, and, when administering anesthesia, the | 1345 |
certified registered nurse anesthetist is in the immediate | 1346 |
presence of the podiatrist, dentist, or physician. | 1347 |
(N) "Standard care arrangement" means a written, formal guide | 1348 |
for planning and evaluating a patient's health care that is | 1349 |
developed by one or more collaborating physicians or podiatrists | 1350 |
and a clinical nurse specialist, certified nurse-midwife, or | 1351 |
certified nurse practitioner and meets the requirements of section | 1352 |
4723.431 of the Revised Code. | 1353 |
(O) "Advanced practice registered nurse" means a certified | 1354 |
registered nurse anesthetist, clinical nurse specialist, certified | 1355 |
nurse-midwife, or certified nurse practitioner. | 1356 |
(P) "Dialysis care" means the care and procedures that a | 1357 |
dialysis technician or dialysis technician intern is authorized to | 1358 |
provide and perform, as specified in section 4723.72 of the | 1359 |
Revised Code. | 1360 |
(Q) "Dialysis technician" means an individual who holds a | 1361 |
current, valid certificate to practice as a dialysis technician | 1362 |
issued under section 4723.75 of the Revised Code. | 1363 |
(R) "Dialysis technician intern" means an individual who | 1364 |
holds a current, valid certificate to practice as a dialysis | 1365 |
technician intern issued under section 4723.75 of the Revised | 1366 |
Code. | 1367 |
(S) "Certified community health worker" means an individual | 1368 |
who holds a current, valid certificate as a community health | 1369 |
worker issued under section 4723.85 of the Revised Code. | 1370 |
(T) "Medication aide" means an individual who holds a | 1371 |
current, valid certificate issued under this chapter that | 1372 |
authorizes the individual to administer medication in accordance | 1373 |
with section 4723.67 of the Revised Code. | 1374 |
Sec. 4723.06. (A) The board of nursing shall: | 1375 |
(1) Administer and enforce the provisions of this chapter, | 1376 |
including the taking of disciplinary action for violations of | 1377 |
section 4723.28 of the Revised Code, any other provisions of this | 1378 |
chapter, or rules adopted under this chapter; | 1379 |
(2) Develop criteria that an applicant must meet to be | 1380 |
eligible to sit for the examination for licensure to practice as a | 1381 |
registered nurse or as a licensed practical nurse; | 1382 |
(3) Issue and renew nursing licenses, dialysis technician | 1383 |
certificates, and community health worker certificates, as | 1384 |
provided in this chapter; | 1385 |
(4) Define the minimum standards for educational programs of | 1386 |
the schools of registered nursing and schools of practical nursing | 1387 |
in this state; | 1388 |
(5) Survey, inspect, and grant full approval to prelicensure | 1389 |
nursing education programs in this state that meet the standards | 1390 |
established by rules adopted under section 4723.07 of the Revised | 1391 |
Code. Prelicensure nursing education programs include, but are not | 1392 |
limited to, diploma, associate degree, baccalaureate degree, | 1393 |
master's degree, and doctor of nursing programs leading to initial | 1394 |
licensure to practice nursing as a registered nurse and practical | 1395 |
nurse programs leading to initial licensure to practice nursing as | 1396 |
a licensed practical nurse. | 1397 |
(6) Grant conditional approval, by a vote of a quorum of the | 1398 |
board, to a new prelicensure nursing education program or a | 1399 |
program that is being reestablished after having ceased to | 1400 |
operate, if the program meets and maintains the minimum standards | 1401 |
of the board established by rules adopted under section 4723.07 of | 1402 |
the Revised Code. If the board does not grant conditional | 1403 |
approval, it shall hold an adjudication under Chapter 119. of the | 1404 |
Revised Code to consider conditional approval of the program. If | 1405 |
the board grants conditional approval, at the first meeting | 1406 |
following completion of the survey process required by division | 1407 |
(A)(5) of this section, the board shall determine whether to grant | 1408 |
full approval to the program. If the board does not grant full | 1409 |
approval or if it appears that the program has failed to meet and | 1410 |
maintain standards established by rules adopted under section | 1411 |
4723.07 of the Revised Code, the board shall hold an adjudication | 1412 |
under Chapter 119. of the Revised Code to consider the program. | 1413 |
Based on results of the adjudication, the board may continue or | 1414 |
withdraw conditional approval, or grant full approval. | 1415 |
(7) Place on provisional approval, for a period of time | 1416 |
specified by the board, a program that has ceased to meet and | 1417 |
maintain the minimum standards of the board established by rules | 1418 |
adopted under section 4723.07 of the Revised Code. Prior to or at | 1419 |
the end of the period, the board shall reconsider whether the | 1420 |
program meets the standards and shall grant full approval if it | 1421 |
does. If it does not, the board may withdraw approval, pursuant to | 1422 |
an adjudication under Chapter 119. of the Revised Code. | 1423 |
(8) Approve continuing education programs and courses under | 1424 |
standards established in rules adopted under sections 4723.07, | 1425 |
4723.69, 4723.79, and 4723.88 of the Revised Code; | 1426 |
(9) Establish a program for monitoring chemical dependency in | 1427 |
accordance with section 4723.35 of the Revised Code; | 1428 |
(10) Establish the practice intervention and improvement | 1429 |
program in accordance with section 4723.282 of the Revised Code; | 1430 |
(11) Issue and renew certificates of authority to practice | 1431 |
nursing as a certified registered nurse anesthetist, clinical | 1432 |
nurse specialist, certified nurse-midwife, or certified nurse | 1433 |
practitioner; | 1434 |
(12) Approve under section 4723.46 of the Revised Code | 1435 |
national certifying organizations for examination and | 1436 |
certification of certified registered nurse anesthetists, clinical | 1437 |
nurse specialists, certified nurse-midwives, or certified nurse | 1438 |
practitioners; | 1439 |
(13) Issue and renew certificates to prescribe in accordance | 1440 |
with sections 4723.48 and 4723.486 of the Revised Code; | 1441 |
(14) Grant approval to the | 1442 |
course of study in advanced pharmacology and related topics | 1443 |
required by section 4723.482 of the Revised Code to be eligible | 1444 |
for a certificate to prescribe; | 1445 |
(15) Make an annual edition of the formulary established in | 1446 |
rules adopted under section 4723.50 of the Revised Code available | 1447 |
to the public either in printed form or by electronic means and, | 1448 |
as soon as possible after any revision of the formulary becomes | 1449 |
effective, make the revision available to the public in printed | 1450 |
form or by electronic means; | 1451 |
(16) Provide guidance and make recommendations to the general | 1452 |
assembly, the governor, state agencies, and the federal government | 1453 |
with respect to the regulation of the practice of nursing and the | 1454 |
enforcement of this chapter; | 1455 |
(17) Make an annual report to the governor, which shall be | 1456 |
open for public inspection; | 1457 |
(18) Maintain and have open for public inspection the | 1458 |
following records: | 1459 |
(a) A record of all its meetings and proceedings; | 1460 |
(b) A record of all applicants for, and holders of, licenses | 1461 |
and certificates issued by the board under this chapter or in | 1462 |
accordance with rules adopted under this chapter. The record shall | 1463 |
be maintained in a format determined by the board. | 1464 |
(c) A list of education and training programs approved by the | 1465 |
board. | 1466 |
(19) Deny approval to a person who submits or causes to be | 1467 |
submitted false, misleading, or deceptive statements, information, | 1468 |
or documentation to the board in the process of applying for | 1469 |
approval of a new education or training program. If the board | 1470 |
proposes to deny approval of a new education or training program, | 1471 |
it shall do so pursuant to an adjudication conducted under Chapter | 1472 |
119. of the Revised Code. | 1473 |
(B) The board may fulfill the requirement of division (A)(8) | 1474 |
of this section by authorizing persons who meet the standards | 1475 |
established in rules adopted under section 4723.07 of the Revised | 1476 |
Code to approve continuing education programs and courses. Persons | 1477 |
so authorized shall approve continuing education programs and | 1478 |
courses in accordance with standards established in rules adopted | 1479 |
under section 4723.07 of the Revised Code. | 1480 |
Persons seeking authorization to approve continuing education | 1481 |
programs and courses shall apply to the board and pay the | 1482 |
appropriate fee established under section 4723.08 of the Revised | 1483 |
Code. Authorizations to approve continuing education programs and | 1484 |
courses shall expire, and may be renewed according to the schedule | 1485 |
established in rules adopted under section 4723.07 of the Revised | 1486 |
Code. | 1487 |
In addition to approving continuing education programs under | 1488 |
division (A)(8) of this section, the board may sponsor continuing | 1489 |
education activities that are directly related to the statutes and | 1490 |
rules the board enforces. | 1491 |
Sec. 4723.07. In accordance with Chapter 119. of the Revised | 1492 |
Code, the board of nursing shall adopt and may amend and rescind | 1493 |
rules that establish all of the following: | 1494 |
(A) Provisions for the board's government and control of its | 1495 |
actions and business affairs; | 1496 |
(B) Minimum standards for nursing education programs that | 1497 |
prepare graduates to be licensed under this chapter and procedures | 1498 |
for granting, renewing, and withdrawing approval of those | 1499 |
programs; | 1500 |
(C) Criteria that applicants for licensure must meet to be | 1501 |
eligible to take examinations for licensure; | 1502 |
(D) Standards and procedures for renewal of the licenses and | 1503 |
certificates issued by the board; | 1504 |
(E) Standards for approval of continuing nursing education | 1505 |
programs and courses for registered nurses, licensed practical | 1506 |
nurses, certified registered nurse anesthetists, clinical nurse | 1507 |
specialists, certified nurse-midwives, and certified nurse | 1508 |
practitioners. The standards may provide for approval of | 1509 |
continuing nursing education programs and courses that have been | 1510 |
approved by other state boards of nursing or by national | 1511 |
accreditation systems for nursing, including, but not limited to, | 1512 |
the American nurses' credentialing center and the national | 1513 |
association for practical nurse education and service. | 1514 |
(F) Standards that persons must meet to be authorized by the | 1515 |
board to approve continuing education programs and courses and a | 1516 |
schedule by which that authorization expires and may be renewed; | 1517 |
(G) Requirements, including continuing education | 1518 |
requirements, for reactivating inactive licenses or certificates, | 1519 |
and for reinstating licenses or certificates that have lapsed; | 1520 |
(H) Conditions that may be imposed for reinstatement of a | 1521 |
license or certificate following action taken under section | 1522 |
3123.47, 4723.28, 4723.281, 4723.652, or 4723.86 of the Revised | 1523 |
Code resulting in a license or certificate suspension; | 1524 |
(I) Requirements for board approval of courses in medication | 1525 |
administration by licensed practical nurses; | 1526 |
(J) Criteria for evaluating the qualifications of an | 1527 |
applicant for a license to practice nursing as a registered nurse, | 1528 |
a license to practice nursing as a licensed practical nurse, or a | 1529 |
certificate of authority issued under division (B) of section | 1530 |
4723.41 of the Revised Code for the purpose of issuing the license | 1531 |
or certificate by the board's endorsement of the applicant's | 1532 |
authority to practice issued by the licensing agency of another | 1533 |
state; | 1534 |
(K) Universal and standard precautions that shall be used by | 1535 |
each licensee or certificate holder. The rules shall define and | 1536 |
establish requirements for universal and standard precautions that | 1537 |
include the following: | 1538 |
(1) Appropriate use of hand washing; | 1539 |
(2) Disinfection and sterilization of equipment; | 1540 |
(3) Handling and disposal of needles and other sharp | 1541 |
instruments; | 1542 |
(4) Wearing and disposal of gloves and other protective | 1543 |
garments and devices. | 1544 |
(L) Standards and procedures for approving certificates of | 1545 |
authority to practice nursing as a certified registered nurse | 1546 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 1547 |
or certified nurse practitioner, and for renewal of those | 1548 |
certificates; | 1549 |
(M) Quality assurance standards for certified registered | 1550 |
nurse anesthetists, clinical nurse specialists, certified | 1551 |
nurse-midwives, or certified nurse practitioners; | 1552 |
(N) Additional criteria for the standard care arrangement | 1553 |
required by section 4723.431 of the Revised Code entered into by a | 1554 |
clinical nurse specialist, certified nurse-midwife, or certified | 1555 |
nurse practitioner and the nurse's collaborating physician or | 1556 |
podiatrist; | 1557 |
(O) Continuing education standards for clinical nurse | 1558 |
specialists who were issued a certificate of authority to practice | 1559 |
as a clinical nurse specialist under division (C) of section | 1560 |
4723.41 of the Revised Code as that division existed at any time | 1561 |
before | 1562 |
(P) For purposes of division (B)(31) of section 4723.28 of | 1563 |
the Revised Code, the actions, omissions, or other circumstances | 1564 |
that constitute failure to establish and maintain professional | 1565 |
boundaries with a patient; | 1566 |
(Q) Standards and procedures for delegation under division | 1567 |
(C) of section 4723.48 of the Revised Code of the authority to | 1568 |
administer drugs. | 1569 |
The board may adopt other rules necessary to carry out the | 1570 |
provisions of this chapter. The rules shall be adopted in | 1571 |
accordance with Chapter 119. of the Revised Code. | 1572 |
Sec. 4723.18. (A) The board of nursing shall authorize a | 1573 |
licensed practical nurse to administer to an adult intravenous | 1574 |
therapy if the nurse supplies evidence satisfactory to the board | 1575 |
that all of the following are the case: | 1576 |
(1) The nurse holds a current, valid license issued under | 1577 |
this chapter to practice nursing as a licensed practical nurse. | 1578 |
(2) The nurse has been authorized under section | 1579 |
4723.17 of the Revised Code to administer medications. | 1580 |
(3) The nurse successfully completed a course of study in the | 1581 |
safe performance of intravenous therapy approved by the board | 1582 |
pursuant to section 4723.19 of the Revised Code or by an agency in | 1583 |
another jurisdiction that regulates the practice of nursing and | 1584 |
has requirements for intravenous therapy course approval that are | 1585 |
substantially similar to the requirements in division (B) of | 1586 |
section 4723.19 of the Revised Code, as determined by the board. | 1587 |
(4) The nurse has successfully completed a minimum of forty | 1588 |
hours of training that includes all of the following: | 1589 |
(a) The curriculum established by rules adopted by the board; | 1590 |
(b) Training in the anatomy and physiology of the | 1591 |
cardiovascular system, signs and symptoms of local and systemic | 1592 |
complications in the administration of fluids and antibiotic | 1593 |
additives, and guidelines for management of these complications; | 1594 |
(c) Any other training or instruction the board considers | 1595 |
appropriate; | 1596 |
(d) A testing component that requires the nurse to perform a | 1597 |
successful demonstration of the intravenous procedures, including | 1598 |
all skills needed to perform them safely. | 1599 |
(B) Except as provided in section 4723.181 of the Revised | 1600 |
Code and subject to the restrictions in division (D) of this | 1601 |
section, a licensed practical nurse may perform intravenous | 1602 |
therapy on an adult patient only if authorized by the board | 1603 |
pursuant to division (A) of this section and only at the direction | 1604 |
of one of the following: | 1605 |
(1) A | 1606 |
optometrist, or podiatrist who is authorized to practice in this | 1607 |
state and, except as provided in division (C)(2) of this section, | 1608 |
is present and readily available at the facility where the | 1609 |
intravenous therapy procedure is performed; | 1610 |
(2) A registered nurse in accordance with division (C) of | 1611 |
this section. | 1612 |
(C)(1) Except as provided in division (C)(2) of this section | 1613 |
and section 4723.181 of the Revised Code, when a licensed | 1614 |
practical nurse authorized by the board to perform intravenous | 1615 |
therapy performs an intravenous therapy procedure at the direction | 1616 |
of a registered nurse, the registered nurse or another registered | 1617 |
nurse shall be readily available at the site where the intravenous | 1618 |
therapy is performed, and before the licensed practical nurse | 1619 |
initiates the intravenous therapy, the registered nurse shall | 1620 |
personally perform an on-site assessment of the adult patient who | 1621 |
is to receive the intravenous therapy. | 1622 |
(2) When a licensed practical nurse authorized by the board | 1623 |
to perform intravenous therapy performs an intravenous therapy | 1624 |
procedure in a home as defined in section 3721.10 of the Revised | 1625 |
Code, or in an intermediate care facility for individuals with | 1626 |
intellectual disabilities as defined in section 5124.01 of the | 1627 |
Revised Code, at the direction of a registered nurse or | 1628 |
physician, physician assistant, dentist, optometrist, or | 1629 |
podiatrist who is authorized to practice in this state, a | 1630 |
registered nurse shall be on the premises of the home or facility | 1631 |
or accessible by some form of telecommunication. | 1632 |
(D) No licensed practical nurse shall perform any of the | 1633 |
following intravenous therapy procedures: | 1634 |
(1) Initiating or maintaining any of the following: | 1635 |
(a) Blood or blood components; | 1636 |
(b) Solutions for total parenteral nutrition; | 1637 |
(c) Any cancer therapeutic medication including, but not | 1638 |
limited to, cancer chemotherapy or an anti-neoplastic agent; | 1639 |
(d) Solutions administered through any central venous line or | 1640 |
arterial line or any other line that does not terminate in a | 1641 |
peripheral vein, except that a licensed practical nurse authorized | 1642 |
by the board to perform intravenous therapy may maintain the | 1643 |
solutions specified in division (D)(6)(a) of this section that are | 1644 |
being administered through a central venous line or peripherally | 1645 |
inserted central catheter; | 1646 |
(e) Any investigational or experimental medication. | 1647 |
(2) Initiating intravenous therapy in any vein, except that a | 1648 |
licensed practical nurse authorized by the board to perform | 1649 |
intravenous therapy may initiate intravenous therapy in accordance | 1650 |
with this section in a vein of the hand, forearm, or antecubital | 1651 |
fossa; | 1652 |
(3) Discontinuing a central venous, arterial, or any other | 1653 |
line that does not terminate in a peripheral vein; | 1654 |
(4) Initiating or discontinuing a peripherally inserted | 1655 |
central catheter; | 1656 |
(5) Mixing, preparing, or reconstituting any medication for | 1657 |
intravenous therapy, except that a licensed practical nurse | 1658 |
authorized by the board to perform intravenous therapy may prepare | 1659 |
or reconstitute an antibiotic additive; | 1660 |
(6) Administering medication via the intravenous route, | 1661 |
including all of the following activities: | 1662 |
(a) Adding medication to an intravenous solution or to an | 1663 |
existing infusion, except that a licensed practical nurse | 1664 |
authorized by the board to perform intravenous therapy may do any | 1665 |
of the following: | 1666 |
(i) Initiate an intravenous infusion containing one or more | 1667 |
of the following elements: dextrose 5%, normal saline, lactated | 1668 |
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile | 1669 |
water; | 1670 |
(ii) Hang subsequent containers of the intravenous solutions | 1671 |
specified in division (D)(6)(a)(i) of this section that contain | 1672 |
vitamins or electrolytes, if a registered nurse initiated the | 1673 |
infusion of that same intravenous solution; | 1674 |
(iii) Initiate or maintain an intravenous infusion containing | 1675 |
an antibiotic additive. | 1676 |
(b) Injecting medication via a direct intravenous route, | 1677 |
except that a licensed practical nurse authorized by the board to | 1678 |
perform intravenous therapy may inject heparin or normal saline to | 1679 |
flush an intermittent infusion device or heparin lock including, | 1680 |
but not limited to, bolus or push. | 1681 |
(7) Changing tubing on any line including, but not limited | 1682 |
to, an arterial line or a central venous line, except that a | 1683 |
licensed practical nurse authorized by the board to perform | 1684 |
intravenous therapy may change tubing on an intravenous line that | 1685 |
terminates in a peripheral vein; | 1686 |
(8) Programming or setting any function of a patient | 1687 |
controlled infusion pump. | 1688 |
(E) Notwithstanding divisions (A) and (D) of this section, at | 1689 |
the direction of a physician or a registered nurse, a licensed | 1690 |
practical nurse authorized by the board to perform intravenous | 1691 |
therapy may perform the following activities for the purpose of | 1692 |
performing dialysis: | 1693 |
(1) The routine administration and regulation of saline | 1694 |
solution for the purpose of maintaining an established fluid plan; | 1695 |
(2) The administration of a heparin dose intravenously; | 1696 |
(3) The administration of a heparin dose peripherally via a | 1697 |
fistula needle; | 1698 |
(4) The loading and activation of a constant infusion pump; | 1699 |
(5) The intermittent injection of a dose of medication that | 1700 |
is administered via the hemodialysis blood circuit and through the | 1701 |
patient's venous access. | 1702 |
(F) No person shall employ or direct a licensed practical | 1703 |
nurse to perform an intravenous therapy procedure without first | 1704 |
verifying that the licensed practical nurse is authorized by the | 1705 |
board to perform intravenous therapy. | 1706 |
Sec. 4723.181. (A) A licensed practical nurse may perform on | 1707 |
any person any of the intravenous therapy procedures specified in | 1708 |
division (B) of this section without receiving authorization to | 1709 |
perform intravenous therapy from the board of nursing under | 1710 |
section 4723.18 of the Revised Code, if both of the following | 1711 |
apply: | 1712 |
(1) The licensed practical nurse acts at the direction of a | 1713 |
registered nurse or a | 1714 |
dentist, optometrist, or podiatrist who is authorized to practice | 1715 |
in this state and the registered nurse, physician, physician | 1716 |
assistant, dentist, optometrist, or podiatrist is on the premises | 1717 |
where the procedure is to be performed or accessible by some form | 1718 |
of telecommunication. | 1719 |
(2) The licensed practical nurse can demonstrate the | 1720 |
knowledge, skills, and ability to perform the procedure safely. | 1721 |
(B) The intravenous therapy procedures that a licensed | 1722 |
practical nurse may perform pursuant to division (A) of this | 1723 |
section are limited to the following: | 1724 |
(1) Verification of the type of peripheral intravenous | 1725 |
solution being administered; | 1726 |
(2) Examination of a peripheral infusion site and the | 1727 |
extremity for possible infiltration; | 1728 |
(3) Regulation of a peripheral intravenous infusion according | 1729 |
to the prescribed flow rate; | 1730 |
(4) Discontinuation of a peripheral intravenous device at the | 1731 |
appropriate time; | 1732 |
(5) Performance of routine dressing changes at the insertion | 1733 |
site of a peripheral venous or arterial infusion, peripherally | 1734 |
inserted central catheter infusion, or central venous pressure | 1735 |
subclavian infusion. | 1736 |
Sec. 4723.48. (A) A clinical nurse specialist, certified | 1737 |
nurse-midwife, or certified nurse practitioner seeking authority | 1738 |
to prescribe drugs and therapeutic devices shall file with the | 1739 |
board of nursing a written application for a certificate to | 1740 |
prescribe. The board of nursing shall issue a certificate to | 1741 |
prescribe to each applicant who meets the requirements specified | 1742 |
in section 4723.482 or 4723.485 of the Revised Code. | 1743 |
Except as provided in division (B) of this section, the | 1744 |
initial certificate to prescribe that the board issues to an | 1745 |
applicant shall be issued as an externship certificate. Under an | 1746 |
externship certificate, the nurse may obtain experience in | 1747 |
prescribing drugs and therapeutic devices by participating in an | 1748 |
externship that evaluates the nurse's competence, knowledge, and | 1749 |
skill in pharmacokinetic principles and their clinical application | 1750 |
to the specialty being practiced. During the externship, the nurse | 1751 |
may prescribe drugs and therapeutic devices only when one or more | 1752 |
physicians are providing supervision in accordance with rules | 1753 |
adopted under section 4723.50 of the Revised Code. | 1754 |
After completing the externship, the holder of an externship | 1755 |
certificate may apply for a new certificate to prescribe. On | 1756 |
receipt of the new certificate, the nurse may prescribe drugs and | 1757 |
therapeutic devices in collaboration with one or more physicians | 1758 |
or podiatrists. | 1759 |
(B) In the case of an applicant who meets the requirements of | 1760 |
division (C) of section 4723.482 of the Revised Code, the initial | 1761 |
certificate to prescribe that the board issues to the applicant | 1762 |
under this section shall not be an externship certificate. The | 1763 |
applicant shall be issued a certificate to prescribe that permits | 1764 |
the recipient to prescribe drugs and therapeutic devices in | 1765 |
collaboration with one or more physicians or podiatrists. | 1766 |
(C)(1) The holder of a certificate issued under this section | 1767 |
may delegate to a person not otherwise authorized to administer | 1768 |
drugs the authority to administer a drug, other than a controlled | 1769 |
substance, listed in the formulary established under division | 1770 |
(B)(1) of section 4723.50 of the Revised Code to a specified | 1771 |
patient. The delegation shall be in accordance with division | 1772 |
(C)(2) of this section and standards and procedures established in | 1773 |
rules adopted under division (O) of section 4723.07 of the Revised | 1774 |
Code. | 1775 |
(2) Prior to delegating authority, the certificate holder | 1776 |
shall do both of the following: | 1777 |
(a) Assess the patient and determine that the drug is | 1778 |
appropriate for the patient; | 1779 |
(b) Determine that the person to whom the authority will be | 1780 |
delegated has met the conditions specified in division (D) of | 1781 |
section 4723.489 of the Revised Code. | 1782 |
Sec. 4723.482. (A) Except as provided in divisions (C) and | 1783 |
(D) of this section, an applicant shall include with the | 1784 |
application submitted under section 4723.48 of the Revised Code | 1785 |
all of the following: | 1786 |
(1) Evidence of holding a current, valid certificate of | 1787 |
authority to practice as a clinical nurse specialist, certified | 1788 |
nurse-midwife, or certified nurse practitioner that was issued by | 1789 |
meeting the requirements of division (A) of section 4723.41 of the | 1790 |
Revised Code; | 1791 |
(2) Evidence of successfully completing the course of study | 1792 |
in advanced pharmacology and related topics in accordance with the | 1793 |
requirements specified in division (B) of this section; | 1794 |
(3) The fee required by section 4723.08 of the Revised Code | 1795 |
for a certificate to prescribe; | 1796 |
(4) Any additional information the board of nursing requires | 1797 |
pursuant to rules adopted under section 4723.50 of the Revised | 1798 |
Code. | 1799 |
(B) With respect to the course of study in advanced | 1800 |
pharmacology and related topics that must be successfully | 1801 |
completed to obtain a certificate to prescribe, all of the | 1802 |
following requirements apply: | 1803 |
(1) The course of study shall be completed not longer than | 1804 |
three years before the application for the certificate to | 1805 |
prescribe is filed. | 1806 |
(2) | 1807 |
1808 | |
1809 | |
less than forty-five contact hours. | 1810 |
(3) The course of study shall meet the requirements to be | 1811 |
approved by the board in accordance with standards established in | 1812 |
rules adopted under section 4723.50 of the Revised Code. | 1813 |
(4) The content of the course of study shall be specific to | 1814 |
the applicant's nursing specialty. | 1815 |
(5) The instruction provided in the course of study shall | 1816 |
include all of the following: | 1817 |
(a) A minimum of thirty-six contact hours of instruction in | 1818 |
advanced pharmacology that includes pharmacokinetic principles and | 1819 |
clinical application and the use of drugs and therapeutic devices | 1820 |
in the prevention of illness and maintenance of health; | 1821 |
(b) Instruction in the fiscal and ethical implications of | 1822 |
prescribing drugs and therapeutic devices; | 1823 |
(c) Instruction in the state and federal laws that apply to | 1824 |
the authority to prescribe; | 1825 |
(d) Instruction that is specific to schedule II controlled | 1826 |
substances, including instruction in all of the following: | 1827 |
(i) Indications for the use of schedule II controlled | 1828 |
substances in drug therapies; | 1829 |
(ii) The most recent guidelines for pain management | 1830 |
therapies, as established by state and national organizations such | 1831 |
as the Ohio pain initiative and the American pain society; | 1832 |
(iii) Fiscal and ethical implications of prescribing schedule | 1833 |
II controlled substances; | 1834 |
(iv) State and federal laws that apply to the authority to | 1835 |
prescribe schedule II controlled substances; | 1836 |
(v) Prevention of abuse and diversion of schedule II | 1837 |
controlled substances, including identification of the risk of | 1838 |
abuse and diversion, recognition of abuse and diversion, types of | 1839 |
assistance available for prevention of abuse and diversion, and | 1840 |
methods of establishing safeguards against abuse and diversion. | 1841 |
(e) Any additional instruction required pursuant to rules | 1842 |
adopted under section 4723.50 of the Revised Code. | 1843 |
(C) An applicant who practiced or is practicing as a clinical | 1844 |
nurse specialist, certified nurse-midwife, or certified nurse | 1845 |
practitioner in another jurisdiction or as an employee of the | 1846 |
United States government, and is not seeking authority to | 1847 |
prescribe drugs and therapeutic devices by meeting the | 1848 |
requirements of division (A) or (D) of this section, shall include | 1849 |
with the application submitted under section 4723.48 of the | 1850 |
Revised Code all of the following: | 1851 |
(1) Evidence of holding a current, valid certificate of | 1852 |
authority issued under this chapter to practice as a clinical | 1853 |
nurse specialist, certified nurse-midwife, or certified nurse | 1854 |
practitioner; | 1855 |
(2) The fee required by section 4723.08 of the Revised Code | 1856 |
for a certificate to prescribe; | 1857 |
(3) Either of the following: | 1858 |
(a) Evidence of having held, for a continuous period of at | 1859 |
least one year during the three years immediately preceding the | 1860 |
date of application, valid authority issued by another | 1861 |
jurisdiction to prescribe therapeutic devices and drugs, including | 1862 |
at least some controlled substances; | 1863 |
(b) Evidence of having been employed by the United States | 1864 |
government and authorized, for a continuous period of at least one | 1865 |
year during the three years immediately preceding the date of | 1866 |
application, to prescribe therapeutic devices and drugs, including | 1867 |
at least some controlled substances, in conjunction with that | 1868 |
employment. | 1869 |
(4) Evidence of having completed a two-hour course of | 1870 |
instruction approved by the board in the laws of this state that | 1871 |
govern drugs and prescriptive authority; | 1872 |
(5) Any additional information the board requires pursuant to | 1873 |
rules adopted under section 4723.50 of the Revised Code. | 1874 |
(D) An applicant who practiced or is practicing as a clinical | 1875 |
nurse specialist, certified nurse-midwife, or certified nurse | 1876 |
practitioner in another jurisdiction or as an employee of the | 1877 |
United States government, and is not seeking authority to | 1878 |
prescribe drugs and therapeutic devices by meeting the | 1879 |
requirements of division (A) or (C) of this section, shall include | 1880 |
with the application submitted under section 4723.48 of the | 1881 |
Revised Code all of the following: | 1882 |
(1) Evidence of holding a current, valid certificate of | 1883 |
authority issued under this chapter to practice as a clinical | 1884 |
nurse specialist, certified nurse-midwife, or certified nurse | 1885 |
practitioner; | 1886 |
(2) The fee required by section 4723.08 of the Revised Code | 1887 |
for a certificate to prescribe; | 1888 |
(3) Either of the following: | 1889 |
(a) Evidence of having held, for a continuous period of at | 1890 |
least one year during the three years immediately preceding the | 1891 |
date of application, valid authority issued by another | 1892 |
jurisdiction to prescribe therapeutic devices and drugs, excluding | 1893 |
controlled substances; | 1894 |
(b) Evidence of having been employed by the United States | 1895 |
government and authorized, for a continuous period of at least one | 1896 |
year during the three years immediately preceding the date of | 1897 |
application, to prescribe therapeutic devices and drugs, excluding | 1898 |
controlled substances, in conjunction with that employment. | 1899 |
(4) Any additional information the board requires pursuant to | 1900 |
rules adopted under section 4723.50 of the Revised Code. | 1901 |
| 1902 |
1903 | |
1904 | |
1905 | |
1906 | |
1907 | |
1908 | |
1909 | |
1910 | |
1911 |
Sec. 4723.489. A person not otherwise authorized to | 1912 |
administer drugs may administer a drug to a specified patient if | 1913 |
all of the following conditions are met: | 1914 |
(A) The authority to administer the drug is delegated to the | 1915 |
person by an advanced practice registered nurse who is a clinical | 1916 |
nurse specialist, certified nurse-midwife, or certified nurse | 1917 |
practitioner and holds a certificate to prescribe issued under | 1918 |
section 4723.48 of the Revised Code. | 1919 |
(B) The drug is listed in the formulary established under | 1920 |
division (B) of section 4723.50 of the Revised Code but is not a | 1921 |
controlled substance and is not to be administered intravenously. | 1922 |
(C) The drug is to be administered at a location other than a | 1923 |
hospital inpatient care unit, as defined in section 3727.50 of the | 1924 |
Revised Code; a hospital emergency department or a freestanding | 1925 |
emergency department; or an ambulatory surgical facility, as | 1926 |
defined in section 3702.30 of the Revised Code. | 1927 |
(D) The person has successfully completed education based on | 1928 |
a recognized body of knowledge concerning drug administration and | 1929 |
demonstrates to the person's employer the knowledge, skills, and | 1930 |
ability to administer the drug safely. | 1931 |
(E) The person's employer has given the advanced practice | 1932 |
registered nurse access to documentation, in written or electronic | 1933 |
form, showing that the person has met the conditions specified in | 1934 |
division (D) of this section. | 1935 |
(F) The advanced practice registered nurse is physically | 1936 |
present at the location where the drug is administered. | 1937 |
Sec. 4723.50. (A) In accordance with Chapter 119. of the | 1938 |
Revised Code, the board of nursing shall adopt rules as necessary | 1939 |
to implement the provisions of this chapter pertaining to the | 1940 |
authority of clinical nurse specialists, certified nurse-midwives, | 1941 |
and certified nurse practitioners to prescribe drugs and | 1942 |
therapeutic devices and the issuance and renewal of certificates | 1943 |
to prescribe. | 1944 |
The board shall adopt rules that are consistent with the | 1945 |
recommendations the board receives from the committee on | 1946 |
prescriptive governance pursuant to section 4723.492 of the | 1947 |
Revised Code. After reviewing a recommendation submitted by the | 1948 |
committee, the board may either adopt the recommendation as a rule | 1949 |
or ask the committee to reconsider and resubmit the | 1950 |
recommendation. The board shall not adopt any rule that does not | 1951 |
conform to a recommendation made by the committee. | 1952 |
(B) The board shall adopt rules under this section that do | 1953 |
all of the following: | 1954 |
(1) Establish a formulary listing the types of drugs and | 1955 |
therapeutic devices that may be prescribed by a clinical nurse | 1956 |
specialist, certified nurse-midwife, or certified nurse | 1957 |
practitioner. The formulary may include controlled substances, as | 1958 |
defined in section 3719.01 of the Revised Code. The formulary | 1959 |
shall not permit the prescribing of any drug or device to perform | 1960 |
or induce an abortion. | 1961 |
(2) Establish safety standards to be followed by a clinical | 1962 |
nurse specialist, certified nurse-midwife, or certified nurse | 1963 |
practitioner when personally furnishing to patients complete or | 1964 |
partial supplies of antibiotics, antifungals, scabicides, | 1965 |
contraceptives, prenatal vitamins, antihypertensives, drugs and | 1966 |
devices used in the treatment of diabetes, drugs and devices used | 1967 |
in the treatment of asthma, and drugs used in the treatment of | 1968 |
dyslipidemia; | 1969 |
(3) Establish criteria for the components of the standard | 1970 |
care arrangements described in section 4723.431 of the Revised | 1971 |
Code that apply to the authority to prescribe, including the | 1972 |
components that apply to the authority to prescribe schedule II | 1973 |
controlled substances. The rules shall be consistent with that | 1974 |
section and include all of the following: | 1975 |
(a) Quality assurance standards; | 1976 |
(b) Standards for periodic review by a collaborating | 1977 |
physician or podiatrist of the records of patients treated by the | 1978 |
clinical nurse specialist, certified nurse-midwife, or certified | 1979 |
nurse practitioner; | 1980 |
(c) Acceptable travel time between the location at which the | 1981 |
clinical nurse specialist, certified nurse-midwife, or certified | 1982 |
nurse practitioner is engaging in the prescribing components of | 1983 |
the nurse's practice and the location of the nurse's collaborating | 1984 |
physician or podiatrist; | 1985 |
(d) Any other criteria recommended by the committee on | 1986 |
prescriptive governance. | 1987 |
(4) Establish standards and procedures for issuance and | 1988 |
renewal of a certificate to prescribe, including specification of | 1989 |
any additional information the board may require under division | 1990 |
(A)(4), (C)(5), or (D) | 1991 |
(B)(3) of section 4723.485, or division (B)(3) of section 4723.486 | 1992 |
of the Revised Code; | 1993 |
(5) Establish standards for board approval of the course of | 1994 |
study in advanced pharmacology and related topics required by | 1995 |
section 4723.482 of the Revised Code; | 1996 |
(6) Establish requirements for board approval of the two-hour | 1997 |
course of instruction in the laws of this state as required under | 1998 |
division (C)(4) of section 4723.482 of the Revised Code and | 1999 |
division (B)(2) of section 4723.484 of the Revised Code; | 2000 |
(7) Establish standards and procedures for the appropriate | 2001 |
conduct of an externship as described in section 4723.484 of the | 2002 |
Revised Code, including the following: | 2003 |
(a) Standards and procedures to be used in evaluating an | 2004 |
individual's participation in an externship; | 2005 |
(b) Standards and procedures for the supervision that a | 2006 |
physician must provide during an externship, including supervision | 2007 |
provided by working with the participant and supervision provided | 2008 |
by making timely reviews of the records of patients treated by the | 2009 |
participant. The manner in which supervision must be provided may | 2010 |
vary according to the location where the participant is practicing | 2011 |
and with the participant's level of experience. | 2012 |
Sec. 4729.01. As used in this chapter: | 2013 |
(A) "Pharmacy," except when used in a context that refers to | 2014 |
the practice of pharmacy, means any area, room, rooms, place of | 2015 |
business, department, or portion of any of the foregoing where the | 2016 |
practice of pharmacy is conducted. | 2017 |
(B) "Practice of pharmacy" means providing pharmacist care | 2018 |
requiring specialized knowledge, judgment, and skill derived from | 2019 |
the principles of biological, chemical, behavioral, social, | 2020 |
pharmaceutical, and clinical sciences. As used in this division, | 2021 |
"pharmacist care" includes the following: | 2022 |
(1) Interpreting prescriptions; | 2023 |
(2) Dispensing drugs and drug therapy related devices; | 2024 |
(3) Compounding drugs; | 2025 |
(4) Counseling individuals with regard to their drug therapy, | 2026 |
recommending drug therapy related devices, and assisting in the | 2027 |
selection of drugs and appliances for treatment of common diseases | 2028 |
and injuries and providing instruction in the proper use of the | 2029 |
drugs and appliances; | 2030 |
(5) Performing drug regimen reviews with individuals by | 2031 |
discussing all of the drugs that the individual is taking and | 2032 |
explaining the interactions of the drugs; | 2033 |
(6) Performing drug utilization reviews with licensed health | 2034 |
professionals authorized to prescribe drugs when the pharmacist | 2035 |
determines that an individual with a prescription has a drug | 2036 |
regimen that warrants additional discussion with the prescriber; | 2037 |
(7) Advising an individual and the health care professionals | 2038 |
treating an individual with regard to the individual's drug | 2039 |
therapy; | 2040 |
(8) Acting pursuant to a consult agreement with a physician | 2041 |
authorized under Chapter 4731. of the Revised Code to practice | 2042 |
medicine and surgery or osteopathic medicine and surgery, if an | 2043 |
agreement has been established with the physician; | 2044 |
(9) Engaging in the administration of immunizations to the | 2045 |
extent authorized by section 4729.41 of the Revised Code. | 2046 |
(C) "Compounding" means the preparation, mixing, assembling, | 2047 |
packaging, and labeling of one or more drugs in any of the | 2048 |
following circumstances: | 2049 |
(1) Pursuant to a prescription issued by a licensed health | 2050 |
professional authorized to prescribe drugs; | 2051 |
(2) Pursuant to the modification of a prescription made in | 2052 |
accordance with a consult agreement; | 2053 |
(3) As an incident to research, teaching activities, or | 2054 |
chemical analysis; | 2055 |
(4) In anticipation of orders for drugs pursuant to | 2056 |
prescriptions, based on routine, regularly observed dispensing | 2057 |
patterns; | 2058 |
(5) Pursuant to a request made by a licensed health | 2059 |
professional authorized to prescribe drugs for a drug that is to | 2060 |
be used by the professional for the purpose of direct | 2061 |
administration to patients in the course of the professional's | 2062 |
practice, if all of the following apply: | 2063 |
(a) At the time the request is made, the drug is not | 2064 |
commercially available regardless of the reason that the drug is | 2065 |
not available, including the absence of a manufacturer for the | 2066 |
drug or the lack of a readily available supply of the drug from a | 2067 |
manufacturer. | 2068 |
(b) A limited quantity of the drug is compounded and provided | 2069 |
to the professional. | 2070 |
(c) The drug is compounded and provided to the professional | 2071 |
as an occasional exception to the normal practice of dispensing | 2072 |
drugs pursuant to patient-specific prescriptions. | 2073 |
(D) "Consult agreement" means an agreement to manage an | 2074 |
individual's drug therapy that has been entered into by a | 2075 |
pharmacist and a physician authorized under Chapter 4731. of the | 2076 |
Revised Code to practice medicine and surgery or osteopathic | 2077 |
medicine and surgery. | 2078 |
(E) "Drug" means: | 2079 |
(1) Any article recognized in the United States pharmacopoeia | 2080 |
and national formulary, or any supplement to them, intended for | 2081 |
use in the diagnosis, cure, mitigation, treatment, or prevention | 2082 |
of disease in humans or animals; | 2083 |
(2) Any other article intended for use in the diagnosis, | 2084 |
cure, mitigation, treatment, or prevention of disease in humans or | 2085 |
animals; | 2086 |
(3) Any article, other than food, intended to affect the | 2087 |
structure or any function of the body of humans or animals; | 2088 |
(4) Any article intended for use as a component of any | 2089 |
article specified in division (E)(1), (2), or (3) of this section; | 2090 |
but does not include devices or their components, parts, or | 2091 |
accessories. | 2092 |
(F) "Dangerous drug" means any of the following: | 2093 |
(1) Any drug to which either of the following applies: | 2094 |
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 | 2095 |
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is | 2096 |
required to bear a label containing the legend "Caution: Federal | 2097 |
law prohibits dispensing without prescription" or "Caution: | 2098 |
Federal law restricts this drug to use by or on the order of a | 2099 |
licensed veterinarian" or any similar restrictive statement, or | 2100 |
the drug may be dispensed only upon a prescription; | 2101 |
(b) Under Chapter 3715. or 3719. of the Revised Code, the | 2102 |
drug may be dispensed only upon a prescription. | 2103 |
(2) Any drug that contains a schedule V controlled substance | 2104 |
and that is exempt from Chapter 3719. of the Revised Code or to | 2105 |
which that chapter does not apply; | 2106 |
(3) Any drug intended for administration by injection into | 2107 |
the human body other than through a natural orifice of the human | 2108 |
body. | 2109 |
(G) "Federal drug abuse control laws" has the same meaning as | 2110 |
in section 3719.01 of the Revised Code. | 2111 |
(H) "Prescription" means a written, electronic, or oral order | 2112 |
for drugs or combinations or mixtures of drugs to be used by a | 2113 |
particular individual or for treating a particular animal, issued | 2114 |
by a licensed health professional authorized to prescribe drugs. | 2115 |
(I) "Licensed health professional authorized to prescribe | 2116 |
drugs" or "prescriber" means an individual who is authorized by | 2117 |
law to prescribe drugs or dangerous drugs or drug therapy related | 2118 |
devices in the course of the individual's professional practice, | 2119 |
including only the following: | 2120 |
(1) A dentist licensed under Chapter 4715. of the Revised | 2121 |
Code; | 2122 |
(2) A clinical nurse specialist, certified nurse-midwife, or | 2123 |
certified nurse practitioner who holds a certificate to prescribe | 2124 |
issued under section 4723.48 of the Revised Code; | 2125 |
(3) An optometrist licensed under Chapter 4725. of the | 2126 |
Revised Code to practice optometry under a therapeutic | 2127 |
pharmaceutical agents certificate; | 2128 |
(4) A physician authorized under Chapter 4731. of the Revised | 2129 |
Code to practice medicine and surgery, osteopathic medicine and | 2130 |
surgery, or podiatric medicine and surgery; | 2131 |
(5) A physician assistant who holds a | 2132 |
2133 | |
2134 | |
physician-delegated prescriptive authority; | 2135 |
(6) A veterinarian licensed under Chapter 4741. of the | 2136 |
Revised Code. | 2137 |
(J) "Sale" and "sell" include delivery, transfer, barter, | 2138 |
exchange, or gift, or offer therefor, and each such transaction | 2139 |
made by any person, whether as principal proprietor, agent, or | 2140 |
employee. | 2141 |
(K) "Wholesale sale" and "sale at wholesale" mean any sale in | 2142 |
which the purpose of the purchaser is to resell the article | 2143 |
purchased or received by the purchaser. | 2144 |
(L) "Retail sale" and "sale at retail" mean any sale other | 2145 |
than a wholesale sale or sale at wholesale. | 2146 |
(M) "Retail seller" means any person that sells any dangerous | 2147 |
drug to consumers without assuming control over and responsibility | 2148 |
for its administration. Mere advice or instructions regarding | 2149 |
administration do not constitute control or establish | 2150 |
responsibility. | 2151 |
(N) "Price information" means the price charged for a | 2152 |
prescription for a particular drug product and, in an easily | 2153 |
understandable manner, all of the following: | 2154 |
(1) The proprietary name of the drug product; | 2155 |
(2) The established (generic) name of the drug product; | 2156 |
(3) The strength of the drug product if the product contains | 2157 |
a single active ingredient or if the drug product contains more | 2158 |
than one active ingredient and a relevant strength can be | 2159 |
associated with the product without indicating each active | 2160 |
ingredient. The established name and quantity of each active | 2161 |
ingredient are required if such a relevant strength cannot be so | 2162 |
associated with a drug product containing more than one | 2163 |
ingredient. | 2164 |
(4) The dosage form; | 2165 |
(5) The price charged for a specific quantity of the drug | 2166 |
product. The stated price shall include all charges to the | 2167 |
consumer, including, but not limited to, the cost of the drug | 2168 |
product, professional fees, handling fees, if any, and a statement | 2169 |
identifying professional services routinely furnished by the | 2170 |
pharmacy. Any mailing fees and delivery fees may be stated | 2171 |
separately without repetition. The information shall not be false | 2172 |
or misleading. | 2173 |
(O) "Wholesale distributor of dangerous drugs" means a person | 2174 |
engaged in the sale of dangerous drugs at wholesale and includes | 2175 |
any agent or employee of such a person authorized by the person to | 2176 |
engage in the sale of dangerous drugs at wholesale. | 2177 |
(P) "Manufacturer of dangerous drugs" means a person, other | 2178 |
than a pharmacist, who manufactures dangerous drugs and who is | 2179 |
engaged in the sale of those dangerous drugs within this state. | 2180 |
(Q) "Terminal distributor of dangerous drugs" means a person | 2181 |
who is engaged in the sale of dangerous drugs at retail, or any | 2182 |
person, other than a wholesale distributor or a pharmacist, who | 2183 |
has possession, custody, or control of dangerous drugs for any | 2184 |
purpose other than for that person's own use and consumption, and | 2185 |
includes pharmacies, hospitals, nursing homes, and laboratories | 2186 |
and all other persons who procure dangerous drugs for sale or | 2187 |
other distribution by or under the supervision of a pharmacist or | 2188 |
licensed health professional authorized to prescribe drugs. | 2189 |
(R) "Promote to the public" means disseminating a | 2190 |
representation to the public in any manner or by any means, other | 2191 |
than by labeling, for the purpose of inducing, or that is likely | 2192 |
to induce, directly or indirectly, the purchase of a dangerous | 2193 |
drug at retail. | 2194 |
(S) "Person" includes any individual, partnership, | 2195 |
association, limited liability company, or corporation, the state, | 2196 |
any political subdivision of the state, and any district, | 2197 |
department, or agency of the state or its political subdivisions. | 2198 |
(T) "Finished dosage form" has the same meaning as in section | 2199 |
3715.01 of the Revised Code. | 2200 |
(U) "Generically equivalent drug" has the same meaning as in | 2201 |
section 3715.01 of the Revised Code. | 2202 |
(V) "Animal shelter" means a facility operated by a humane | 2203 |
society or any society organized under Chapter 1717. of the | 2204 |
Revised Code or a dog pound operated pursuant to Chapter 955. of | 2205 |
the Revised Code. | 2206 |
(W) "Food" has the same meaning as in section 3715.01 of the | 2207 |
Revised Code. | 2208 |
(X) "Pain management clinic" has the same meaning as in | 2209 |
section 4731.054 of the Revised Code. | 2210 |
Sec. 4730.01. As used in this chapter: | 2211 |
(A) | 2212 |
2213 | |
2214 | |
2215 | |
2216 |
| 2217 |
Chapter 4731. of the Revised Code to practice medicine and | 2218 |
surgery, osteopathic medicine and surgery, or podiatric medicine | 2219 |
and surgery. | 2220 |
| 2221 |
(1) A hospital registered with the department of health under | 2222 |
section 3701.07 of the Revised Code; | 2223 |
(2) A health care facility licensed by the department of | 2224 |
health under section 3702.30 of the Revised Code; | 2225 |
(3) Any other facility designated by the state medical board | 2226 |
in rules adopted pursuant to division (B) | 2227 |
the Revised Code. | 2228 |
| 2229 |
2230 | |
2231 | |
2232 | |
activity that requires training in the diagnosis, treatment, or | 2233 |
prevention of disease. | 2234 |
Sec. 4730.02. (A) No person shall hold that person out as | 2235 |
being able to function as a physician assistant, or use any words | 2236 |
or letters indicating or implying that the person is a physician | 2237 |
assistant, without a current, valid
| 2238 |
practice as a physician assistant issued pursuant to this chapter. | 2239 |
(B) No person shall practice as a physician assistant without | 2240 |
the supervision, control, and direction of a physician. | 2241 |
(C) | 2242 |
2243 | |
2244 | |
2245 |
| 2246 |
having entered into a supervision agreement | 2247 |
2248 | |
section 4730.19 of the Revised Code. | 2249 |
| 2250 |
physician assistant shall authorize the physician assistant to | 2251 |
perform services if either of the following is the case: | 2252 |
(1) The services are not within the physician's normal course | 2253 |
of practice and expertise; | 2254 |
(2) The services are inconsistent with the | 2255 |
2256 | |
2257 | |
physician assistant is being supervised, including, if applicable, | 2258 |
the policies of the health care facility in which the physician | 2259 |
and physician assistant are practicing. | 2260 |
| 2261 |
2262 | |
2263 | |
2264 | |
2265 |
| 2266 |
prescribe any drug or device to perform or induce an abortion, or | 2267 |
otherwise perform or induce an abortion. | 2268 |
| 2269 |
physician assistant, except for the purpose of seeking employment. | 2270 |
| 2271 |
fail to wear at all times when on duty a placard, plate, or other | 2272 |
device identifying that person as a "physician assistant." | 2273 |
Sec. 4730.03. Nothing in this chapter shall: | 2274 |
(A) Be construed to affect or interfere with the performance | 2275 |
of duties of any medical personnel who are either of the | 2276 |
following: | 2277 |
(1) In active service in the army, navy, coast guard, marine | 2278 |
corps, air force, public health service, or marine hospital | 2279 |
service of the United States while so serving; | 2280 |
(2) Employed by the veterans administration of the United | 2281 |
States while so employed | 2282 |
(B) Prevent any person from performing any of the services a | 2283 |
physician assistant may be authorized to perform, if the person's | 2284 |
professional scope of practice established under any other chapter | 2285 |
of the Revised Code authorizes the person to perform the services; | 2286 |
(C) Prohibit a physician from delegating responsibilities to | 2287 |
any nurse or other qualified person who does not hold a | 2288 |
2289 | |
that the individual does not hold the individual out to be a | 2290 |
physician assistant; | 2291 |
(D) Be construed as authorizing a physician assistant | 2292 |
independently to order or direct the execution of procedures or | 2293 |
techniques by a registered nurse or licensed practical nurse in | 2294 |
the care and treatment of a person in any setting, except to the | 2295 |
extent that the physician assistant is authorized to do so by | 2296 |
2297 | |
2298 | |
supervising the physician assistant | 2299 |
policies of the health care facility in which the physician | 2300 |
assistant is practicing; | 2301 |
(E) Authorize a physician assistant to engage in the practice | 2302 |
of optometry, except to the extent that the physician assistant is | 2303 |
authorized by a supervising physician acting in accordance with | 2304 |
this chapter to perform routine visual screening, provide medical | 2305 |
care prior to or following eye surgery, or assist in the care of | 2306 |
diseases of the eye; | 2307 |
(F) Be construed as authorizing a physician assistant to | 2308 |
prescribe any drug or device to perform or induce an abortion, or | 2309 |
as otherwise authorizing a physician assistant to perform or | 2310 |
induce an abortion. | 2311 |
Sec. 4730.04. (A) As used in this section: | 2312 |
(1) "Disaster" means any imminent threat or actual occurrence | 2313 |
of widespread or severe damage to or loss of property, personal | 2314 |
hardship or injury, or loss of life that results from any natural | 2315 |
phenomenon or act of a human. | 2316 |
(2) "Emergency" means an occurrence or event that poses an | 2317 |
imminent threat to the health or life of a human. | 2318 |
(B) Nothing in this chapter prohibits any of the following | 2319 |
individuals from providing medical care, to the extent the | 2320 |
individual is able, in response to a need for medical care | 2321 |
precipitated by a disaster or emergency: | 2322 |
(1) An individual who holds a | 2323 |
as a physician assistant issued under this chapter; | 2324 |
(2) An individual licensed or authorized to practice as a | 2325 |
physician assistant in another state; | 2326 |
(3) An individual credentialed or employed as a physician | 2327 |
assistant by an agency, office, or other instrumentality of the | 2328 |
federal government. | 2329 |
(C) For purposes of the medical care provided by a physician | 2330 |
assistant pursuant to division (B)(1) of this section, both of the | 2331 |
following apply notwithstanding any supervision requirement of | 2332 |
this chapter to the contrary: | 2333 |
(1) The physician who supervises the physician assistant | 2334 |
pursuant to a | 2335 |
2336 | |
supervision agreement entered into under section 4730.19 of the | 2337 |
Revised Code is not required to meet the supervision requirements | 2338 |
established under this chapter. | 2339 |
(2) The physician designated as the medical director of the | 2340 |
disaster or emergency may supervise the medical care provided by | 2341 |
the physician assistant. | 2342 |
Sec. 4730.06. (A) The physician assistant policy committee | 2343 |
of the state medical board shall review, and shall submit to the | 2344 |
board recommendations concerning, all of the following: | 2345 |
(1) Requirements for | 2346 |
license to practice as a physician assistant, including the | 2347 |
educational requirements that must be met to receive a | 2348 |
license to practice; | 2349 |
(2) Existing and proposed rules pertaining to the practice of | 2350 |
physician assistants, the supervisory relationship between | 2351 |
physician assistants and supervising physicians, and the | 2352 |
administration and enforcement of this chapter; | 2353 |
(3) In accordance with section 4730.38 of the Revised Code, | 2354 |
physician-delegated prescriptive authority for physician | 2355 |
assistants and proposed changes to the physician assistant | 2356 |
formulary the board adopts pursuant to division (A)(1) of section | 2357 |
4730.39 of the Revised Code; | 2358 |
(4) Application procedures and forms for | 2359 |
license to practice as a physician assistant | 2360 |
2361 |
(5) Fees required by this chapter for issuance and renewal of | 2362 |
2363 |
(6) | 2364 |
2365 | |
2366 | |
2367 |
| 2368 |
2369 | |
2370 |
| 2371 |
(B) In addition to the matters that are required to be | 2372 |
reviewed under division (A) of this section, the committee may | 2373 |
review, and may submit to the board recommendations concerning | 2374 |
2375 |
| 2376 |
supervising physician and physician assistant under a quality | 2377 |
assurance system established pursuant to division (F) of section | 2378 |
4730.21 of the Revised Code | 2379 |
| 2380 |
2381 | |
2382 | |
2383 | |
2384 |
(C) The board shall take into consideration all | 2385 |
recommendations submitted by the committee. Not later than ninety | 2386 |
days after receiving a recommendation from the committee, the | 2387 |
board shall approve or disapprove the recommendation and notify | 2388 |
the committee of its decision. If a recommendation is disapproved, | 2389 |
the board shall inform the committee of its reasons for making | 2390 |
that decision. The committee may resubmit the recommendation after | 2391 |
addressing the concerns expressed by the board and modifying the | 2392 |
disapproved recommendation accordingly. Not later than ninety days | 2393 |
after receiving a resubmitted recommendation, the board shall | 2394 |
approve or disapprove the recommendation. There is no limit on the | 2395 |
number of times the committee may resubmit a recommendation for | 2396 |
consideration by the board. | 2397 |
(D)(1) Except as provided in division (D)(2) of this section, | 2398 |
the board may not take action regarding a matter that is subject | 2399 |
to the committee's review under division (A) or (B) of this | 2400 |
section unless the committee has made a recommendation to the | 2401 |
board concerning the matter. | 2402 |
(2) If the board submits to the committee a request for a | 2403 |
recommendation regarding a matter that is subject to the | 2404 |
committee's review under division (A) or (B) of this section, and | 2405 |
the committee does not provide a recommendation before the | 2406 |
sixty-first day after the request is submitted, the board may take | 2407 |
action regarding the matter without a recommendation. | 2408 |
Sec. 4730.08. (A) A | 2409 |
physician assistant issued under this chapter authorizes the | 2410 |
holder to practice as a physician assistant | 2411 |
2412 |
(1) The physician assistant shall practice only under the | 2413 |
supervision, control, and direction of a physician with whom the | 2414 |
physician assistant has entered into a supervision agreement | 2415 |
2416 | |
of the Revised Code. | 2417 |
(2) | 2418 |
2419 | |
accordance with the | 2420 |
2421 | |
entered into with the physician who is responsible for supervising | 2422 |
the physician assistant | 2423 |
| 2424 |
2425 | |
2426 | |
health care facility in which the physician assistant is | 2427 |
practicing. | 2428 |
(B) | 2429 |
2430 | |
2431 | |
2432 |
| 2433 |
2434 | |
2435 | |
2436 |
| 2437 |
section 4730.06 of the Revised Code, adopt rules designating | 2438 |
facilities to be included as health care facilities that are in | 2439 |
addition to the facilities specified in divisions | 2440 |
(2) of section 4730.01 of the Revised Code. | 2441 |
shall be adopted in accordance with Chapter 119. of the Revised | 2442 |
Code. | 2443 |
Sec. 4730.10. (A) An individual seeking a | 2444 |
license to practice as a physician assistant shall file with the | 2445 |
state medical board a written application on a form prescribed and | 2446 |
supplied by the board. The application shall include all of the | 2447 |
following: | 2448 |
(1) The applicant's name, residential address, business | 2449 |
address, if any, and social security number; | 2450 |
(2) Satisfactory proof that the applicant meets the age and | 2451 |
moral character requirements specified in divisions (A)(1) and (2) | 2452 |
of section 4730.11 of the Revised Code; | 2453 |
(3) Satisfactory proof that the applicant meets either the | 2454 |
educational requirements specified in division (B)(1) or (2) of | 2455 |
section 4730.11 of the Revised Code or the educational or other | 2456 |
applicable requirements specified in division (C)(1), (2), or (3) | 2457 |
of that section; | 2458 |
(4) Any other information the board requires. | 2459 |
(B) At the time of making application for a | 2460 |
license to practice, the applicant shall pay the board a fee of | 2461 |
2462 | |
fees shall be deposited in accordance with section 4731.24 of the | 2463 |
Revised Code. | 2464 |
Sec. 4730.101. In addition to any other eligibility | 2465 |
requirement set forth in this chapter, each applicant for a | 2466 |
2467 | |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 2468 |
state medical board shall not grant to an applicant a | 2469 |
license to practice as a physician assistant unless the board, in | 2470 |
its discretion, decides that the results of the criminal records | 2471 |
check do not make the applicant ineligible for a | 2472 |
license issued pursuant to section 4730.12 of the Revised Code. | 2473 |
Sec. 4730.11. (A) To be eligible to receive a | 2474 |
license to practice as a physician assistant, all of the following | 2475 |
apply to an applicant: | 2476 |
(1) The applicant shall be at least eighteen years of age. | 2477 |
(2) The applicant shall be of good moral character. | 2478 |
(3) The applicant shall hold current certification by the | 2479 |
national commission on certification of physician assistants or a | 2480 |
successor organization that is recognized by the state medical | 2481 |
board. | 2482 |
(4) The applicant shall meet either of the following | 2483 |
requirements: | 2484 |
(a) The educational requirements specified in division (B)(1) | 2485 |
or (2) of this section; | 2486 |
(b) The educational or other applicable requirements | 2487 |
specified in division (C)(1), (2), or (3) of this section. | 2488 |
(B) Effective January 1, 2008, for purposes of division | 2489 |
(A)(4)(a) of this section, an applicant shall meet either of the | 2490 |
following educational requirements: | 2491 |
(1) The applicant shall hold a master's or higher degree | 2492 |
obtained from a program accredited by the accreditation review | 2493 |
commission on education for the physician assistant or a | 2494 |
predecessor or successor organization recognized by the board. | 2495 |
(2) The applicant shall hold both of the following degrees: | 2496 |
(a) A degree other than a master's or higher degree obtained | 2497 |
from a program accredited by the accreditation review commission | 2498 |
on education for the physician assistant or a predecessor or | 2499 |
successor organization recognized by the board; | 2500 |
(b) A master's or higher degree in a course of study with | 2501 |
clinical relevance to the practice of physician assistants and | 2502 |
obtained from a program accredited by a regional or specialized | 2503 |
and professional accrediting agency recognized by the council for | 2504 |
higher education accreditation. | 2505 |
(C) For purposes of division (A)(4)(b) of this section, an | 2506 |
applicant shall present evidence satisfactory to the board of | 2507 |
meeting one of the following requirements in lieu of meeting the | 2508 |
educational requirements specified in division (B)(1) or (2) of | 2509 |
this section: | 2510 |
(1) The applicant shall hold a current, valid license or | 2511 |
other form of authority to practice as a physician assistant | 2512 |
issued by another jurisdiction | 2513 |
been in active practice in any jurisdiction throughout the | 2514 |
three-year period immediately preceding the date of application. | 2515 |
(2) The applicant shall hold a degree obtained as a result of | 2516 |
being enrolled on January 1, 2008, in a program in this state that | 2517 |
was accredited by the accreditation review commission on education | 2518 |
for the physician assistant but did not grant a master's or higher | 2519 |
degree to individuals enrolled in the program on that date, and | 2520 |
completing the program on or before December 31, 2009. | 2521 |
(3) The applicant shall | 2522 |
2523 |
| 2524 |
the accreditation review commission on education for the physician | 2525 |
assistant | 2526 |
requirements: | 2527 |
| 2528 |
for at least three consecutive years while on active duty, with | 2529 |
evidence of service under honorable conditions, in any of the | 2530 |
armed forces of the United States or the national guard of any | 2531 |
state, including any experience attained while practicing as a | 2532 |
physician assistant at a health care facility or clinic operated | 2533 |
by the United States department of veterans affairs. | 2534 |
(b) Have experience practicing as a physician assistant for | 2535 |
at least three consecutive years while on active duty in the | 2536 |
United States public health service commissioned corps. | 2537 |
(D) Unless the applicant had prescriptive authority while | 2538 |
practicing as a physician assistant in another jurisdiction, in | 2539 |
the military, or in the public health service, the license issued | 2540 |
to an applicant who does not hold a master's or higher degree | 2541 |
described in division (B) of this section does not authorize the | 2542 |
holder to exercise physician-delegated prescriptive authority and | 2543 |
the state medical board shall not issue a prescriber number. | 2544 |
(E)(1) This section does not require an individual to obtain | 2545 |
a master's or higher degree as a condition of retaining or | 2546 |
renewing a | 2547 |
assistant if the individual received the | 2548 |
without holding a master's or higher degree as provided in either | 2549 |
of the following: | 2550 |
| 2551 |
division (B)(1) or (2) of this section became effective January 1, | 2552 |
2008; | 2553 |
| 2554 |
requirements specified in division (C)(1), (2), or (3) of this | 2555 |
section. | 2556 |
(2) A license described in division (E)(1) of this section | 2557 |
authorizes the license holder to exercise physician-delegated | 2558 |
prescriptive authority if, on the effective date of this | 2559 |
amendment, the license holder held a valid certificate to | 2560 |
prescribe issued under former section 4730.44 of the Revised Code, | 2561 |
as it existed immediately prior to the effective date of this | 2562 |
amendment. | 2563 |
(3) On application of an individual who received a license | 2564 |
without having first obtained a master's or higher degree and is | 2565 |
not authorized under division (E)(2) of this section to exercise | 2566 |
physician-delegated prescriptive authority, the board shall grant | 2567 |
the individual the authority to exercise physician-delegated | 2568 |
prescriptive authority if the individual provides evidence | 2569 |
satisfactory to the board of having obtained a master's or higher | 2570 |
degree from either of the following: | 2571 |
(a) A program accredited by the accreditation review | 2572 |
commission on education for the physician assistant or a | 2573 |
predecessor or successor organization recognized by the board; | 2574 |
(b) A program accredited by a regional or specialized and | 2575 |
professional accrediting agency recognized by the council for | 2576 |
higher education accreditation, if the degree is in a course of | 2577 |
study with clinical relevance to the practice of physician | 2578 |
assistants. | 2579 |
Sec. 4730.111. A physician assistant whose certification by | 2580 |
the national commission on certification of physician assistants | 2581 |
or a successor organization recognized by the state medical board | 2582 |
is suspended or revoked shall give notice of that occurrence to | 2583 |
the board not later than fourteen days after the physician | 2584 |
assistant receives notice of the change in certification status. A | 2585 |
physician assistant who fails to renew the certification shall | 2586 |
notify the board not later than fourteen days after the | 2587 |
certification expires. | 2588 |
Sec. 4730.12. (A) The state medical board shall review | 2589 |
2590 | |
the Revised Code for | 2591 |
physician assistant. Not later than sixty days after receiving a | 2592 |
complete application, the board shall determine whether an | 2593 |
applicant meets the requirements to receive a | 2594 |
to practice, as specified in section 4730.11 of the Revised Code. | 2595 |
An affirmative vote of not fewer than six members of the board is | 2596 |
required to determine that an applicant meets the requirements to | 2597 |
receive a | 2598 |
assistant. | 2599 |
(B) If the board determines that an applicant meets the | 2600 |
requirements to receive the | 2601 |
the board shall register the applicant as a physician assistant | 2602 |
and issue to the applicant a | 2603 |
physician assistant. | 2604 |
(C)(1) During the first five hundred hours of the first one | 2605 |
thousand hours of a physician assistant's exercise of | 2606 |
physician-delegated prescriptive authority, the physician | 2607 |
assistant shall exercise that authority only under the on-site | 2608 |
supervision of a supervising physician. | 2609 |
(2) A physician assistant shall be excused from the | 2610 |
requirement established in division (C)(1) of this section if | 2611 |
prior to application the physician assistant held a prescriber | 2612 |
number, or the equivalent, from another jurisdiction and practiced | 2613 |
with prescriptive authority in that jurisdiction for not less than | 2614 |
one thousand hours. | 2615 |
(3) A record of a physician assistant's completion of the | 2616 |
hours required by division (C)(1) of this section or issuance of a | 2617 |
prescriber number or equivalent by another jurisdiction shall be | 2618 |
kept on file by a supervising physician of the physician | 2619 |
assistant. The record shall be made available for inspection by | 2620 |
the board. | 2621 |
Sec. 4730.13. Upon application by the holder of a | 2622 |
2623 | |
state medical board shall issue a duplicate | 2624 |
replace one that is missing or damaged, to reflect a name change, | 2625 |
or for any other reasonable cause. The fee for a duplicate | 2626 |
2627 | |
collected under this section shall be deposited in accordance with | 2628 |
section 4731.24 of the Revised Code. | 2629 |
Sec. 4730.14. (A) A | 2630 |
physician assistant shall expire biennially and may be renewed in | 2631 |
accordance with this section. A person seeking to renew a | 2632 |
2633 | |
or before the thirty-first day of January of each even-numbered | 2634 |
year, apply for renewal of the | 2635 |
medical board shall send renewal notices at least one month prior | 2636 |
to the expiration date. | 2637 |
Applications shall be submitted to the board on forms the | 2638 |
board shall prescribe and furnish. Each application shall be | 2639 |
accompanied by a biennial renewal fee of | 2640 |
The board shall deposit the fees in accordance with section | 2641 |
4731.24 of the Revised Code. | 2642 |
The applicant shall report any criminal offense that | 2643 |
constitutes grounds for refusing to issue a | 2644 |
practice under section 4730.25 of the Revised Code to which the | 2645 |
applicant has pleaded guilty, of which the applicant has been | 2646 |
found guilty, or for which the applicant has been found eligible | 2647 |
for intervention in lieu of conviction, since last signing an | 2648 |
application for a
| 2649 |
assistant. | 2650 |
(B) To be eligible for renewal of a license, | 2651 |
2652 | |
to all of the following: | 2653 |
(1) | 2654 |
to the board that the applicant has maintained certification by | 2655 |
the national commission on certification of physician assistants | 2656 |
or a successor organization that is recognized by the board by | 2657 |
meeting the standards to hold current certification from the | 2658 |
commission or its successor, including completion of continuing | 2659 |
medical education requirements and passing periodic | 2660 |
recertification examinations | 2661 |
(2) Except as provided in division (F) of this section and | 2662 |
section 5903.12 of the Revised Code, the applicant shall certify | 2663 |
to the board that the | 2664 |
during the current | 2665 |
one hundred hours of continuing medical education acceptable to | 2666 |
the board. | 2667 |
(3) The applicant shall comply with the renewal eligibility | 2668 |
requirements established under section 4730.49 of the Revised Code | 2669 |
that pertain to the applicant. | 2670 |
(C) The board shall adopt rules in accordance with Chapter | 2671 |
119. of the Revised Code specifying the types of continuing | 2672 |
medical education that must be completed to fulfill the board's | 2673 |
requirements under division (B)(2) of this section. Except when | 2674 |
additional continuing medical education is required | 2675 |
2676 | |
Revised Code, the board shall not adopt rules that require a | 2677 |
physician assistant to complete in any | 2678 |
period more than one hundred hours of continuing medical education | 2679 |
acceptable to the board. In fulfilling the board's requirements, a | 2680 |
physician assistant may use continuing medical education courses | 2681 |
or programs completed to maintain certification by the national | 2682 |
commission on certification of physician assistants or a successor | 2683 |
organization that is recognized by the board if the standards for | 2684 |
acceptable courses and programs of the commission or its successor | 2685 |
are at least equivalent to the standards established by the board. | 2686 |
(D) If an applicant submits a complete renewal application | 2687 |
and qualifies for renewal pursuant to division (B) of this | 2688 |
section, the board shall issue to the applicant a renewed | 2689 |
2690 |
(E) The board may require a random sample of physician | 2691 |
assistants to submit materials documenting certification by the | 2692 |
national commission on certification of physician assistants or a | 2693 |
successor organization that is recognized by the board and | 2694 |
completion of the required number of hours of continuing medical | 2695 |
education. | 2696 |
(F) The board shall provide for pro rata reductions by month | 2697 |
of the number of hours of continuing education that must be | 2698 |
completed for individuals who are in their first | 2699 |
licensure period, who have been disabled due to illness or | 2700 |
accident, or who have been absent from the country. The board | 2701 |
shall adopt rules, in accordance with Chapter 119. of the Revised | 2702 |
Code, as necessary to implement this division. | 2703 |
(G)(1) A | 2704 |
on or before its expiration date is automatically suspended on its | 2705 |
expiration date. Continued practice after suspension of the | 2706 |
2707 | |
of division (A) of section 4730.02 of the Revised Code. | 2708 |
(2) If a | 2709 |
division (G)(1) of this section for two years or less, it may be | 2710 |
reinstated. The board shall reinstate a
| 2711 |
suspended for failure to renew upon an applicant's submission of a | 2712 |
renewal application, the biennial renewal fee, and any applicable | 2713 |
monetary penalty. | 2714 |
If a | 2715 |
division (G)(1) of this | 2716 |
it may be restored. In accordance with section 4730.28 of the | 2717 |
Revised Code, the board may restore a | 2718 |
suspended for failure to renew upon an applicant's submission of a | 2719 |
restoration application, the biennial renewal fee, and any | 2720 |
applicable monetary penalty and compliance with sections 4776.01 | 2721 |
to 4776.04 of the Revised Code. The board shall not restore to an | 2722 |
applicant a | 2723 |
assistant unless the board, in its discretion, decides that the | 2724 |
results of the criminal records check do not make the applicant | 2725 |
ineligible for a | 2726 |
4730.12 of the Revised Code. | 2727 |
The penalty for reinstatement shall be fifty dollars and the | 2728 |
penalty for restoration shall be one hundred dollars. The board | 2729 |
shall deposit penalties in accordance with section 4731.24 of the | 2730 |
Revised Code. | 2731 |
(H) If an individual certifies that the individual has | 2732 |
completed the number of hours and type of continuing medical | 2733 |
education required for renewal or reinstatement of a | 2734 |
license to practice as a physician assistant, and the board finds | 2735 |
through a random sample conducted under division (E) of this | 2736 |
section or through any other means that the individual did not | 2737 |
complete the requisite continuing medical education, the board may | 2738 |
impose a civil penalty of not more than five thousand dollars. The | 2739 |
board's finding shall be made pursuant to an adjudication under | 2740 |
Chapter 119. of the Revised Code and by an affirmative vote of not | 2741 |
fewer than six members. | 2742 |
A civil penalty imposed under this division may be in | 2743 |
addition to or in lieu of any other action the board may take | 2744 |
under section 4730.25 of the Revised Code. The board shall deposit | 2745 |
civil penalties in accordance with section 4731.24 of the Revised | 2746 |
Code. | 2747 |
Sec. 4730.19. (A) | 2748 |
2749 |
| 2750 |
assistants licensed under this chapter, a physician shall enter | 2751 |
into a supervision agreement with each physician assistant who | 2752 |
will be supervised. A supervision agreement may apply to one or | 2753 |
more physician assistants, but, except as provided in division | 2754 |
(B)(2)(e) of this section, may apply to not more than one | 2755 |
physician. The supervision agreement shall specify that the | 2756 |
physician agrees to supervise the physician assistant and the | 2757 |
physician assistant agrees to practice | 2758 |
2759 | |
2760 | |
2761 | |
2762 |
| 2763 |
physician is legally responsible and assumes legal liability for | 2764 |
the services provided by the physician assistant. The agreement | 2765 |
shall be signed by the physician and the physician assistant. | 2766 |
| 2767 |
2768 |
| 2769 |
2770 | |
2771 |
| 2772 |
2773 | |
2774 | |
2775 |
| 2776 |
2777 | |
2778 |
(B) | 2779 |
2780 | |
2781 | |
2782 | |
2783 | |
2784 | |
2785 | |
2786 | |
2787 | |
2788 | |
2789 | |
2790 | |
agreement shall include either or both of the following: | 2791 |
(1) If a physician assistant will practice within a health | 2792 |
care facility, the agreement shall include terms that require the | 2793 |
physician assistant to practice in accordance with the policies of | 2794 |
the health care facility. | 2795 |
(2) If a physician assistant will practice outside a health | 2796 |
care facility, the agreement shall include terms that specify all | 2797 |
of the following: | 2798 |
(a) The responsibilities to be fulfilled by the physician in | 2799 |
supervising the physician assistant; | 2800 |
(b) The responsibilities to be fulfilled by the physician | 2801 |
assistant when performing services under the physician's | 2802 |
supervision; | 2803 |
(c) Any limitations on the responsibilities to be fulfilled | 2804 |
by the physician assistant; | 2805 |
(d) The circumstances under which the physician assistant is | 2806 |
required to refer a patient to the supervising physician; | 2807 |
(e) If the supervising physician chooses to designate | 2808 |
physicians to act as alternate supervising physicians, the names, | 2809 |
business addresses, and business telephone numbers of the | 2810 |
physicians who have agreed to act in that capacity. | 2811 |
(C) | 2812 |
2813 | |
2814 | |
2815 | |
2816 |
| 2817 |
2818 | |
2819 | |
2820 | |
2821 | |
2822 | |
2823 | |
2824 | |
2825 | |
2826 | |
The supervising physician shall submit a copy of each supervision | 2827 |
agreement to the board. The board may review the supervision | 2828 |
agreement at any time for compliance with this section and for | 2829 |
verification of licensure of the supervising physician and the | 2830 |
physician assistant. All of the following apply to the submission | 2831 |
and review process: | 2832 |
(a) If the board reviews a supervision agreement, the board | 2833 |
shall notify the supervising physician of any way that the | 2834 |
agreement fails to comply with this section. | 2835 |
(b) A supervision agreement becomes effective at the end of | 2836 |
the fifth business day after the day the board receives the | 2837 |
agreement unless the board notifies the supervising physician that | 2838 |
the agreement fails to comply with this section. | 2839 |
A supervision agreement expires two years after the day it | 2840 |
takes effect. The agreement may be renewed by submitting a copy of | 2841 |
it to the board. | 2842 |
(c) If a physician receives a notice under division (C)(1)(a) | 2843 |
of this section, the physician may revise the supervision | 2844 |
agreement and resubmit the agreement to the board. The board may | 2845 |
review the agreement as provided in division (C)(1) of this | 2846 |
section. | 2847 |
(d) Until July 1, 2015, each initial or renewed agreement | 2848 |
submitted under division (C)(1) of this section shall be | 2849 |
accompanied by a fee of twenty-five dollars. No fee is required | 2850 |
for submitting a revised agreement under division (C)(1)(c) of | 2851 |
this section or for submitting an amendment under division (C)(2) | 2852 |
of this section. Fees shall be deposited in accordance with | 2853 |
section 4731.24 of the Revised Code. | 2854 |
(2) Before expiration, a supervision agreement may be amended | 2855 |
by including one or more additional physician assistants. An | 2856 |
amendment to a supervision agreement shall be submitted to the | 2857 |
board for review in the manner provided for review of an initial | 2858 |
agreement under division (C)(1) of this section. The amendment | 2859 |
does not alter the agreement's expiration date. | 2860 |
(D) A supervision agreement shall be kept in the records | 2861 |
maintained by the supervising physician who entered into the | 2862 |
agreement. | 2863 |
(E) The board may impose a civil penalty of not more than one | 2864 |
thousand dollars if it finds through a review conducted under this | 2865 |
section or through any other means either of the following: | 2866 |
(1) A physician assistant has practiced pursuant to a | 2867 |
supervision agreement that fails to comply with this section; | 2868 |
(2) That a physician has acted as the supervising physician | 2869 |
of a physician assistant pursuant to a supervision agreement that | 2870 |
fails to comply with this section. | 2871 |
The board's finding shall be made pursuant to an adjudication | 2872 |
conducted under Chapter 119. of the Revised Code. A civil penalty | 2873 |
imposed under this division may be in addition to or in lieu of | 2874 |
any other action the board may take under section 4730.25 of the | 2875 |
Revised Code. | 2876 |
Sec. 4730.20. (A) A physician assistant licensed under this | 2877 |
chapter may perform any of the following services authorized by | 2878 |
the supervising physician that are part of the supervising | 2879 |
physician's normal course of practice and expertise: | 2880 |
(1) Ordering diagnostic, therapeutic, and other medical | 2881 |
services; | 2882 |
(2) Prescribing physical therapy or referring a patient to a | 2883 |
physical therapist for physical therapy; | 2884 |
(3) Ordering occupational therapy or referring a patient to | 2885 |
an occupational therapist for occupational therapy; | 2886 |
(4) Taking any action that may be taken by an attending | 2887 |
physician under sections 2133.21 to 2133.26 of the Revised Code, | 2888 |
as specified in section 2133.211 of the Revised Code; | 2889 |
(5) Determining and pronouncing death in accordance with | 2890 |
section 4730.202 of the Revised Code; | 2891 |
(6) Assisting in surgery; | 2892 |
(7) If the physician assistant holds a valid prescriber | 2893 |
number issued by the state medical board and has been granted | 2894 |
physician-delegated prescriptive authority, ordering, prescribing, | 2895 |
personally furnishing, and administering drugs and medical | 2896 |
devices; | 2897 |
(8) Any other services that are part of the supervising | 2898 |
physician's normal course of practice and expertise. | 2899 |
(B) The services a physician assistant may provide under the | 2900 |
policies of a health care facility are limited to the services the | 2901 |
facility authorizes the physician assistant to provide for the | 2902 |
facility. A facility shall not authorize a physician assistant to | 2903 |
perform a service that is prohibited under this chapter. A | 2904 |
physician who is supervising a physician assistant within a health | 2905 |
care facility may impose limitations on the physician assistant's | 2906 |
practice that are in addition to any limitations applicable under | 2907 |
the policies of the facility. | 2908 |
| 2909 |
anesthesia" means the injection of a drug or combination of drugs | 2910 |
to stop or prevent a painful sensation in a circumscribed area of | 2911 |
the body where a painful procedure is to be performed. "Local | 2912 |
anesthesia" includes only local infiltration anesthesia, digital | 2913 |
blocks, and pudendal blocks. | 2914 |
(B) A physician assistant may administer, monitor, or | 2915 |
maintain local anesthesia as a component of a procedure the | 2916 |
physician assistant is performing or as a separate service when | 2917 |
the procedure requiring local anesthesia is to be performed by the | 2918 |
physician assistant's supervising physician or another person. A | 2919 |
physician assistant shall not administer, monitor, or maintain any | 2920 |
other form of anesthesia, including regional anesthesia or any | 2921 |
systemic sedation | 2922 |
2923 | |
2924 |
| 2925 |
determine and pronounce an individual's death, but only if the | 2926 |
individual's respiratory and circulatory functions are not being | 2927 |
artificially sustained and, at the time the determination and | 2928 |
pronouncement of death is made, either or both of the following | 2929 |
apply: | 2930 |
(1) The individual was receiving care in one of the | 2931 |
following: | 2932 |
(a) A nursing home licensed under section 3721.02 of the | 2933 |
Revised Code or by a political subdivision under section 3721.09 | 2934 |
of the Revised Code; | 2935 |
(b) A residential care facility or home for the aging | 2936 |
licensed under Chapter 3721. of the Revised Code; | 2937 |
(c) A county home or district home operated pursuant to | 2938 |
Chapter 5155. of the Revised Code; | 2939 |
(d) A residential facility licensed under section 5123.19 of | 2940 |
the Revised Code. | 2941 |
(2) The physician assistant is providing or supervising the | 2942 |
individual's care through a hospice care program licensed under | 2943 |
Chapter 3712. of the Revised Code or any other entity that | 2944 |
provides palliative care. | 2945 |
(B) If a physician assistant determines and pronounces an | 2946 |
individual's death, the physician assistant shall comply with both | 2947 |
of the following: | 2948 |
(1) The physician assistant shall not complete any portion of | 2949 |
the individual's death certificate. | 2950 |
(2) The physician assistant shall notify the individual's | 2951 |
attending physician of the determination and pronouncement of | 2952 |
death in order for the physician to fulfill the physician's duties | 2953 |
under section 3705.16 of the Revised Code. The physician assistant | 2954 |
shall provide the notification within a period of time that is | 2955 |
reasonable but not later than twenty-four hours following the | 2956 |
determination and pronouncement of the individual's death. | 2957 |
Sec. 4730.203. (A) Acting pursuant to a supervision | 2958 |
agreement, a physician assistant may delegate performance of a | 2959 |
task to implement a patient's plan of care or, if the conditions | 2960 |
in division (C) of this section are met, may delegate | 2961 |
administration of a drug. Delegation may be to a person who has | 2962 |
successfully completed a training and competency evaluation | 2963 |
program approved by the director of health under section 3721.31 | 2964 |
of the Revised Code or, subject to division (D) of section 4730.03 | 2965 |
of the Revised Code, any other person. The physician assistant | 2966 |
must be physically present at the location where the task is | 2967 |
performed or the drug administered. | 2968 |
(B) Prior to delegating a task or administration of a drug, a | 2969 |
physician assistant shall determine that the task or drug is | 2970 |
appropriate for the patient and the person to whom the delegation | 2971 |
is to be made may safely perform the task or administer the drug. | 2972 |
(C) A physician assistant may delegate administration of a | 2973 |
drug only if all of the following conditions are met: | 2974 |
(1) The physician assistant has physician-delegated | 2975 |
prescriptive authority. | 2976 |
(2) The drug is included in the formulary established under | 2977 |
division (A) of section 4730.39 of the Revised Code. | 2978 |
(3) The drug is not a controlled substance. | 2979 |
(4) The drug will not be administered intravenously. | 2980 |
(5) The drug will not be administered in a hospital inpatient | 2981 |
care unit, as defined in section 3727.50 of the Revised Code; a | 2982 |
hospital emergency department; a freestanding emergency | 2983 |
department; or an ambulatory surgical facility licensed under | 2984 |
section 3702.30 of the Revised Code. | 2985 |
(D) A person not otherwise authorized to administer a drug or | 2986 |
perform a specific task may do so in accordance with a physician | 2987 |
assistant's delegation under this section. | 2988 |
Sec. 4730.21. (A) The supervising physician of a physician | 2989 |
assistant exercises supervision, control, and direction of the | 2990 |
physician assistant. | 2991 |
setting within which the supervising physician has supervision, | 2992 |
control, and direction of the physician assistant. | 2993 |
In supervising a physician assistant, all of the following | 2994 |
apply: | 2995 |
(1) | 2996 |
2997 | |
2998 | |
direct communication with the physician assistant by either of the | 2999 |
following means: | 3000 |
(a) Being physically present at the location where the | 3001 |
physician assistant is practicing; | 3002 |
(b) Being readily available to the physician assistant | 3003 |
through some means of telecommunication and being in a location | 3004 |
that | 3005 |
3006 | |
assistant is practicing that reasonably allows the physician to | 3007 |
assure proper care of patients. | 3008 |
(2) The supervising physician shall personally and actively | 3009 |
review the physician assistant's professional activities. | 3010 |
(3) | 3011 |
3012 |
| 3013 |
assurance system established pursuant to division (F) of this | 3014 |
section is implemented and maintained. | 3015 |
| 3016 |
other reviews of the physician assistant that the supervising | 3017 |
physician considers necessary. | 3018 |
(B) A physician may enter into supervision agreements with | 3019 |
any number of physician assistants, but the physician may not | 3020 |
supervise more than | 3021 |
time. A physician assistant may enter into supervision agreements | 3022 |
with any number of supervising physicians | 3023 |
3024 | |
3025 | |
3026 | |
3027 | |
3028 | |
3029 |
(C) | 3030 |
3031 | |
3032 | |
3033 | |
3034 | |
may authorize a physician assistant to perform a service only if | 3035 |
the physician is satisfied that the physician assistant is capable | 3036 |
of competently performing the service. A supervising physician | 3037 |
shall not authorize a physician assistant to perform any service | 3038 |
that is beyond the physician's or the physician assistant's normal | 3039 |
course of practice and expertise. | 3040 |
(D) | 3041 |
3042 | |
3043 |
| 3044 |
department, if the supervising physician routinely practices in | 3045 |
the facility's emergency department, the supervising physician | 3046 |
shall provide on-site supervision of the physician assistant when | 3047 |
the physician assistant practices in the emergency department. If | 3048 |
the supervising physician does not routinely practice in the | 3049 |
facility's emergency department, the supervising physician may, on | 3050 |
occasion, send the physician assistant to the facility's emergency | 3051 |
department to assess and manage a patient. In supervising the | 3052 |
physician assistant's assessment and management of the patient, | 3053 |
the supervising physician shall determine the appropriate level of | 3054 |
supervision in compliance with the requirements of divisions (A) | 3055 |
to (C) of this section, except that the supervising physician must | 3056 |
be available to go to the emergency department to personally | 3057 |
evaluate the patient and, at the request of an emergency | 3058 |
department physician, the supervising physician shall go to the | 3059 |
emergency department to personally evaluate the patient. | 3060 |
(E) Each time a physician assistant writes a medical order, | 3061 |
including prescriptions written in the exercise of | 3062 |
physician-delegated prescriptive authority, the physician | 3063 |
assistant shall sign the form on which the order is written and | 3064 |
record on the form the time and date that the order is written. | 3065 |
3066 | |
3067 | |
3068 |
(F)(1) The supervising physician of a physician assistant | 3069 |
shall establish a quality assurance system to be used in | 3070 |
supervising the physician assistant. All or part of the system may | 3071 |
be applied to other physician assistants who are supervised by the | 3072 |
supervising physician. The system shall be developed in | 3073 |
consultation with each physician assistant to be supervised by the | 3074 |
physician. | 3075 |
(2) In establishing the quality assurance system, the | 3076 |
supervising physician shall describe a process to be used for all | 3077 |
of the following: | 3078 |
(a) Routine review by the physician of selected patient | 3079 |
record entries made by the physician assistant and selected | 3080 |
medical orders issued by the physician assistant; | 3081 |
(b) Discussion of complex cases; | 3082 |
(c) Discussion of new medical developments relevant to the | 3083 |
practice of the physician and physician assistant; | 3084 |
(d) Performance of any quality assurance activities required | 3085 |
in rules adopted by state medical board pursuant to any | 3086 |
recommendations made by the physician assistant policy committee | 3087 |
under section 4730.06 of the Revised Code; | 3088 |
(e) Performance of any other quality assurance activities | 3089 |
that the supervising physician considers to be appropriate. | 3090 |
(3) The supervising physician and physician assistant shall | 3091 |
keep records of their quality assurance activities. On request, | 3092 |
the records shall be made available to the board | 3093 |
3094 | |
3095 |
Sec. 4730.22. (A) | 3096 |
physician assistant acts as the agent of the physician assistant's | 3097 |
supervising physician. The supervising physician is legally | 3098 |
responsible and assumes legal liability for the services provided | 3099 |
by the physician assistant. | 3100 |
The physician is not responsible or liable for any services | 3101 |
provided by the physician assistant after their supervision | 3102 |
agreement expires or is terminated. | 3103 |
(B) When a health care facility permits physician assistants | 3104 |
to practice within that facility or any other health care facility | 3105 |
under its control, the health care facility shall make reasonable | 3106 |
efforts to explain to each individual who may work with a | 3107 |
particular physician assistant the scope of that physician | 3108 |
assistant's practice within the facility. The appropriate | 3109 |
credentialing body within the health care facility shall provide, | 3110 |
on request of an individual practicing in the facility with a | 3111 |
physician assistant, a copy of the facility's policies on the | 3112 |
practice of physician assistants within the facility and a copy of | 3113 |
each | 3114 |
applicable to the physician assistant. | 3115 |
An individual who follows the orders of a physician assistant | 3116 |
practicing in a health care facility is not subject to | 3117 |
disciplinary action by any administrative agency that governs that | 3118 |
individual's conduct and is not liable in damages in a civil | 3119 |
action for injury, death, or loss to person or property resulting | 3120 |
from the individual's acts or omissions in the performance of any | 3121 |
procedure, treatment, or other health care service if the | 3122 |
individual reasonably believed that the physician assistant was | 3123 |
acting within the proper scope of practice or was relaying medical | 3124 |
orders from a supervising physician, unless the act or omission | 3125 |
constitutes willful or wanton misconduct. | 3126 |
Sec. 4730.25. (A) The state medical board, by an affirmative | 3127 |
vote of not fewer than six members, may revoke or may refuse to | 3128 |
grant a | 3129 |
3130 | |
have committed fraud, misrepresentation, or deception in applying | 3131 |
for or securing the | 3132 |
(B) The board, by an affirmative vote of not fewer than six | 3133 |
members, shall, to the extent permitted by law, limit, revoke, or | 3134 |
suspend an individual's | 3135 |
physician assistant or | 3136 |
refuse to issue a
| 3137 |
reinstate a | 3138 |
probation the holder of a | 3139 |
following reasons: | 3140 |
(1) Failure to practice in accordance with the | 3141 |
3142 | |
the physician assistant | 3143 |
3144 | |
3145 | |
3146 | |
including, if applicable, the policies of the health care facility | 3147 |
in which the supervising physician and physician assistant are | 3148 |
practicing; | 3149 |
(2) Failure to comply with the requirements of this chapter, | 3150 |
Chapter 4731. of the Revised Code, or any rules adopted by the | 3151 |
board; | 3152 |
(3) Violating or attempting to violate, directly or | 3153 |
indirectly, or assisting in or abetting the violation of, or | 3154 |
conspiring to violate, any provision of this chapter, Chapter | 3155 |
4731. of the Revised Code, or the rules adopted by the board; | 3156 |
(4) Inability to practice according to acceptable and | 3157 |
prevailing standards of care by reason of mental illness or | 3158 |
physical illness, including physical deterioration that adversely | 3159 |
affects cognitive, motor, or perceptive skills; | 3160 |
(5) Impairment of ability to practice according to acceptable | 3161 |
and prevailing standards of care because of habitual or excessive | 3162 |
use or abuse of drugs, alcohol, or other substances that impair | 3163 |
ability to practice; | 3164 |
(6) Administering drugs for purposes other than those | 3165 |
authorized under this chapter; | 3166 |
(7) Willfully betraying a professional confidence; | 3167 |
(8) Making a false, fraudulent, deceptive, or misleading | 3168 |
statement in soliciting or advertising for employment as a | 3169 |
physician assistant; in connection with any solicitation or | 3170 |
advertisement for patients; in relation to the practice of | 3171 |
medicine as it pertains to physician assistants; or in securing or | 3172 |
attempting to secure a | 3173 |
physician assistant | 3174 |
3175 |
As used in this division, "false, fraudulent, deceptive, or | 3176 |
misleading statement" means a statement that includes a | 3177 |
misrepresentation of fact, is likely to mislead or deceive because | 3178 |
of a failure to disclose material facts, is intended or is likely | 3179 |
to create false or unjustified expectations of favorable results, | 3180 |
or includes representations or implications that in reasonable | 3181 |
probability will cause an ordinarily prudent person to | 3182 |
misunderstand or be deceived. | 3183 |
(9) Representing, with the purpose of obtaining compensation | 3184 |
or other advantage personally or for any other person, that an | 3185 |
incurable disease or injury, or other incurable condition, can be | 3186 |
permanently cured; | 3187 |
(10) The obtaining of, or attempting to obtain, money or | 3188 |
anything of value by fraudulent misrepresentations in the course | 3189 |
of practice; | 3190 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 3191 |
a judicial finding of eligibility for intervention in lieu of | 3192 |
conviction for, a felony; | 3193 |
(12) Commission of an act that constitutes a felony in this | 3194 |
state, regardless of the jurisdiction in which the act was | 3195 |
committed; | 3196 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 3197 |
a judicial finding of eligibility for intervention in lieu of | 3198 |
conviction for, a misdemeanor committed in the course of practice; | 3199 |
(14) A plea of guilty to, a judicial finding of guilt of, or | 3200 |
a judicial finding of eligibility for intervention in lieu of | 3201 |
conviction for, a misdemeanor involving moral turpitude; | 3202 |
(15) Commission of an act in the course of practice that | 3203 |
constitutes a misdemeanor in this state, regardless of the | 3204 |
jurisdiction in which the act was committed; | 3205 |
(16) Commission of an act involving moral turpitude that | 3206 |
constitutes a misdemeanor in this state, regardless of the | 3207 |
jurisdiction in which the act was committed; | 3208 |
(17) A plea of guilty to, a judicial finding of guilt of, or | 3209 |
a judicial finding of eligibility for intervention in lieu of | 3210 |
conviction for violating any state or federal law regulating the | 3211 |
possession, distribution, or use of any drug, including | 3212 |
trafficking in drugs; | 3213 |
(18) Any of the following actions taken by the state agency | 3214 |
responsible for regulating the practice of physician assistants in | 3215 |
another state, for any reason other than the nonpayment of fees: | 3216 |
the limitation, revocation, or suspension of an individual's | 3217 |
license to practice; acceptance of an individual's license | 3218 |
surrender; denial of a license; refusal to renew or reinstate a | 3219 |
license; imposition of probation; or issuance of an order of | 3220 |
censure or other reprimand; | 3221 |
(19) A departure from, or failure to conform to, minimal | 3222 |
standards of care of similar physician assistants under the same | 3223 |
or similar circumstances, regardless of whether actual injury to a | 3224 |
patient is established; | 3225 |
(20) Violation of the conditions placed by the board on a | 3226 |
3227 | |
3228 | |
3229 |
(21) Failure to use universal blood and body fluid | 3230 |
precautions established by rules adopted under section 4731.051 of | 3231 |
the Revised Code; | 3232 |
(22) Failure to cooperate in an investigation conducted by | 3233 |
the board under section 4730.26 of the Revised Code, including | 3234 |
failure to comply with a subpoena or order issued by the board or | 3235 |
failure to answer truthfully a question presented by the board at | 3236 |
a deposition or in written interrogatories, except that failure to | 3237 |
cooperate with an investigation shall not constitute grounds for | 3238 |
discipline under this section if a court of competent jurisdiction | 3239 |
has issued an order that either quashes a subpoena or permits the | 3240 |
individual to withhold the testimony or evidence in issue; | 3241 |
(23) Assisting suicide, as defined in section 3795.01 of the | 3242 |
Revised Code; | 3243 |
(24) Prescribing any drug or device to perform or induce an | 3244 |
abortion, or otherwise performing or inducing an abortion; | 3245 |
(25) Failure to comply with the requirements in section | 3246 |
3719.061 of the Revised Code before issuing | 3247 |
prescription for a controlled substance containing an opioid; | 3248 |
(26) Having certification by the national commission on | 3249 |
certification of physician assistants or a successor organization | 3250 |
expire, lapse, or be suspended or revoked. | 3251 |
(C) Disciplinary actions taken by the board under divisions | 3252 |
(A) and (B) of this section shall be taken pursuant to an | 3253 |
adjudication under Chapter 119. of the Revised Code, except that | 3254 |
in lieu of an adjudication, the board may enter into a consent | 3255 |
agreement with a physician assistant or applicant to resolve an | 3256 |
allegation of a violation of this chapter or any rule adopted | 3257 |
under it. A consent agreement, when ratified by an affirmative | 3258 |
vote of not fewer than six members of the board, shall constitute | 3259 |
the findings and order of the board with respect to the matter | 3260 |
addressed in the agreement. If the board refuses to ratify a | 3261 |
consent agreement, the admissions and findings contained in the | 3262 |
consent agreement shall be of no force or effect. | 3263 |
(D) For purposes of divisions (B)(12), (15), and (16) of this | 3264 |
section, the commission of the act may be established by a finding | 3265 |
by the board, pursuant to an adjudication under Chapter 119. of | 3266 |
the Revised Code, that the applicant or | 3267 |
committed the act in question. The board shall have no | 3268 |
jurisdiction under these divisions in cases where the trial court | 3269 |
renders a final judgment in the | 3270 |
and that judgment is based upon an adjudication on the merits. The | 3271 |
board shall have jurisdiction under these divisions in cases where | 3272 |
the trial court issues an order of dismissal upon technical or | 3273 |
procedural grounds. | 3274 |
(E) The sealing of conviction records by any court shall have | 3275 |
no effect upon a prior board order entered under the provisions of | 3276 |
this section or upon the board's jurisdiction to take action under | 3277 |
the provisions of this section if, based upon a plea of guilty, a | 3278 |
judicial finding of guilt, or a judicial finding of eligibility | 3279 |
for intervention in lieu of conviction, the board issued a notice | 3280 |
of opportunity for a hearing prior to the court's order to seal | 3281 |
the records. The board shall not be required to seal, destroy, | 3282 |
redact, or otherwise modify its records to reflect the court's | 3283 |
sealing of conviction records. | 3284 |
(F) For purposes of this division, any individual who holds a | 3285 |
3286 | |
3287 | |
have given consent to submit to a mental or physical examination | 3288 |
when directed to do so in writing by the board and to have waived | 3289 |
all objections to the admissibility of testimony or examination | 3290 |
reports that constitute a privileged communication. | 3291 |
(1) In enforcing division (B)(4) of this section, the board, | 3292 |
upon a showing of a possible violation, may compel any individual | 3293 |
who holds a | 3294 |
has applied for a | 3295 |
submit to a mental examination, physical examination, including an | 3296 |
HIV test, or both a mental and physical examination. The expense | 3297 |
of the examination is the responsibility of the individual | 3298 |
compelled to be examined. Failure to submit to a mental or | 3299 |
physical examination or consent to an HIV test ordered by the | 3300 |
board constitutes an admission of the allegations against the | 3301 |
individual unless the failure is due to circumstances beyond the | 3302 |
individual's control, and a default and final order may be entered | 3303 |
without the taking of testimony or presentation of evidence. If | 3304 |
the board finds a physician assistant unable to practice because | 3305 |
of the reasons set forth in division (B)(4) of this section, the | 3306 |
board shall require the physician assistant to submit to care, | 3307 |
counseling, or treatment by physicians approved or designated by | 3308 |
the board, as a condition for an initial, continued, reinstated, | 3309 |
or renewed
| 3310 |
division shall be afforded an opportunity to demonstrate to the | 3311 |
board the ability to resume practicing in compliance with | 3312 |
acceptable and prevailing standards of care. | 3313 |
(2) For purposes of division (B)(5) of this section, if the | 3314 |
board has reason to believe that any individual who holds a | 3315 |
3316 | |
a
| 3317 |
compel the individual to submit to a mental or physical | 3318 |
examination, or both. The expense of the examination is the | 3319 |
responsibility of the individual compelled to be examined. Any | 3320 |
mental or physical examination required under this division shall | 3321 |
be undertaken by a treatment provider or physician qualified to | 3322 |
conduct such examination and chosen by the board. | 3323 |
Failure to submit to a mental or physical examination ordered | 3324 |
by the board constitutes an admission of the allegations against | 3325 |
the individual unless the failure is due to circumstances beyond | 3326 |
the individual's control, and a default and final order may be | 3327 |
entered without the taking of testimony or presentation of | 3328 |
evidence. If the board determines that the individual's ability to | 3329 |
practice is impaired, the board shall suspend the individual's | 3330 |
3331 | |
require the individual, as a condition for initial, continued, | 3332 |
reinstated, or renewed | 3333 |
authority to prescribe, to submit to treatment. | 3334 |
Before being eligible to apply for reinstatement of a | 3335 |
3336 | |
assistant shall demonstrate to the board the ability to resume | 3337 |
practice or prescribing in compliance with acceptable and | 3338 |
prevailing standards of care. The demonstration shall include the | 3339 |
following: | 3340 |
(a) Certification from a treatment provider approved under | 3341 |
section 4731.25 of the Revised Code that the individual has | 3342 |
successfully completed any required inpatient treatment; | 3343 |
(b) Evidence of continuing full compliance with an aftercare | 3344 |
contract or consent agreement; | 3345 |
(c) Two written reports indicating that the individual's | 3346 |
ability to practice has been assessed and that the individual has | 3347 |
been found capable of practicing according to acceptable and | 3348 |
prevailing standards of care. The reports shall be made by | 3349 |
individuals or providers approved by the board for making such | 3350 |
assessments and shall describe the basis for their determination. | 3351 |
The board may reinstate a | 3352 |
this division after such demonstration and after the individual | 3353 |
has entered into a written consent agreement. | 3354 |
When the impaired physician assistant resumes practice or | 3355 |
prescribing, the board shall require continued monitoring of the | 3356 |
physician assistant. The monitoring shall include compliance with | 3357 |
the written consent agreement entered into before reinstatement or | 3358 |
with conditions imposed by board order after a hearing, and, upon | 3359 |
termination of the consent agreement, submission to the board for | 3360 |
at least two years of annual written progress reports made under | 3361 |
penalty of falsification stating whether the physician assistant | 3362 |
has maintained sobriety. | 3363 |
(G) If the secretary and supervising member determine that | 3364 |
there is clear and convincing evidence that a physician assistant | 3365 |
has violated division (B) of this section and that the | 3366 |
individual's continued practice or prescribing presents a danger | 3367 |
of immediate and serious harm to the public, they may recommend | 3368 |
that the board suspend the individual's | 3369 |
practice or authority to prescribe without a prior hearing. | 3370 |
Written allegations shall be prepared for consideration by the | 3371 |
board. | 3372 |
The board, upon review of those allegations and by an | 3373 |
affirmative vote of not fewer than six of its members, excluding | 3374 |
the secretary and supervising member, may suspend a | 3375 |
license without a prior hearing. A telephone conference call may | 3376 |
be utilized for reviewing the allegations and taking the vote on | 3377 |
the summary suspension. | 3378 |
The board shall issue a written order of suspension by | 3379 |
certified mail or in person in accordance with section 119.07 of | 3380 |
the Revised Code. The order shall not be subject to suspension by | 3381 |
the court during pendency of any appeal filed under section 119.12 | 3382 |
of the Revised Code. If the physician assistant requests an | 3383 |
adjudicatory hearing by the board, the date set for the hearing | 3384 |
shall be within fifteen days, but not earlier than seven days, | 3385 |
after the physician assistant requests the hearing, unless | 3386 |
otherwise agreed to by both the board and the | 3387 |
holder. | 3388 |
A summary suspension imposed under this division shall remain | 3389 |
in effect, unless reversed on appeal, until a final adjudicative | 3390 |
order issued by the board pursuant to this section and Chapter | 3391 |
119. of the Revised Code becomes effective. The board shall issue | 3392 |
its final adjudicative order within sixty days after completion of | 3393 |
its hearing. Failure to issue the order within sixty days shall | 3394 |
result in dissolution of the summary suspension order, but shall | 3395 |
not invalidate any subsequent, final adjudicative order. | 3396 |
(H) If the board takes action under division (B)(11), (13), | 3397 |
or (14) of this section, and the judicial finding of guilt, guilty | 3398 |
plea, or judicial finding of eligibility for intervention in lieu | 3399 |
of conviction is overturned on appeal, upon exhaustion of the | 3400 |
criminal appeal, a petition for reconsideration of the order may | 3401 |
be filed with the board along with appropriate court documents. | 3402 |
Upon receipt of a petition and supporting court documents, the | 3403 |
board shall reinstate the | 3404 |
3405 | |
119. of the Revised Code to determine whether the individual | 3406 |
committed the act in question. Notice of opportunity for hearing | 3407 |
shall be given in accordance with Chapter 119. of the Revised | 3408 |
Code. If the board finds, pursuant to an adjudication held under | 3409 |
this division, that the individual committed the act, or if no | 3410 |
hearing is requested, it may order any of the sanctions identified | 3411 |
under division (B) of this section. | 3412 |
(I) The | 3413 |
assistant and the physician assistant's practice in this state are | 3414 |
automatically suspended as of the date the physician assistant | 3415 |
pleads guilty to, is found by a judge or jury to be guilty of, or | 3416 |
is subject to a judicial finding of eligibility for intervention | 3417 |
in lieu of conviction in this state or treatment or intervention | 3418 |
in lieu of conviction in another state for any of the following | 3419 |
criminal offenses in this state or a substantially equivalent | 3420 |
criminal offense in another jurisdiction: aggravated murder, | 3421 |
murder, voluntary manslaughter, felonious assault, kidnapping, | 3422 |
rape, sexual battery, gross sexual imposition, aggravated arson, | 3423 |
aggravated robbery, or aggravated burglary. Continued practice | 3424 |
after the suspension shall be considered practicing without a | 3425 |
3426 |
The board shall notify the individual subject to the | 3427 |
suspension by certified mail or in person in accordance with | 3428 |
section 119.07 of the Revised Code. If an individual whose | 3429 |
3430 | |
a timely request for an adjudication under Chapter 119. of the | 3431 |
Revised Code, the board shall enter a final order permanently | 3432 |
revoking the individual's | 3433 |
(J) In any instance in which the board is required by Chapter | 3434 |
119. of the Revised Code to give notice of opportunity for hearing | 3435 |
and the individual subject to the notice does not timely request a | 3436 |
hearing in accordance with section 119.07 of the Revised Code, the | 3437 |
board is not required to hold a hearing, but may adopt, by an | 3438 |
affirmative vote of not fewer than six of its members, a final | 3439 |
order that contains the board's findings. In that final order, the | 3440 |
board may order any of the sanctions identified under division (A) | 3441 |
or (B) of this section. | 3442 |
(K) Any action taken by the board under division (B) of this | 3443 |
section resulting in a suspension shall be accompanied by a | 3444 |
written statement of the conditions under which the physician | 3445 |
assistant's | 3446 |
adopt rules in accordance with Chapter 119. of the Revised Code | 3447 |
governing conditions to be imposed for reinstatement. | 3448 |
Reinstatement of a | 3449 |
division (B) of this section requires an affirmative vote of not | 3450 |
fewer than six members of the board. | 3451 |
(L) When the board refuses to grant to an applicant a | 3452 |
3453 | |
3454 | |
license, refuses to issue a | 3455 |
reinstate an individual's
| 3456 |
specify that its action is permanent. An individual subject to a | 3457 |
permanent action taken by the board is forever thereafter | 3458 |
ineligible to hold the | 3459 |
accept an application for reinstatement of the
| 3460 |
license or for issuance of a new | 3461 |
(M) Notwithstanding any other provision of the Revised Code, | 3462 |
all of the following apply: | 3463 |
(1) The surrender of a | 3464 |
chapter is not effective unless or until accepted by the board. | 3465 |
Reinstatement of a | 3466 |
requires an affirmative vote of not fewer than six members of the | 3467 |
board. | 3468 |
(2) An application made under this chapter for a | 3469 |
3470 | |
3471 | |
approval of the board. | 3472 |
(3) Failure by an individual to renew a | 3473 |
in accordance with section 4730.14 | 3474 |
Revised Code shall not remove or limit the board's jurisdiction to | 3475 |
take disciplinary action under this section against the | 3476 |
individual. | 3477 |
Sec. 4730.251. On receipt of a notice pursuant to section | 3478 |
3123.43 of the Revised Code, the state medical board shall comply | 3479 |
with sections 3123.41 to 3123.50 of the Revised Code and any | 3480 |
applicable rules adopted under section 3123.63 of the Revised Code | 3481 |
with respect to a | 3482 |
assistant issued pursuant to this chapter. | 3483 |
Sec. 4730.27. If the state medical board has reason to | 3484 |
believe that any person who has been granted a | 3485 |
under this chapter to practice as a physician assistant is | 3486 |
mentally ill or mentally incompetent, it may file in the probate | 3487 |
court of the county in which such person has a legal residence an | 3488 |
affidavit in the form prescribed in section 5122.11 of the Revised | 3489 |
Code and signed by the board secretary or a member of the | 3490 |
secretary's staff, whereupon the same proceedings shall be had as | 3491 |
provided in Chapter 5122. of the Revised Code. The attorney | 3492 |
general may represent the board in any proceeding commenced under | 3493 |
this section. | 3494 |
If a physician assistant is adjudged by a probate court to be | 3495 |
mentally ill or mentally incompetent, the individual's | 3496 |
license shall be automatically suspended until the individual has | 3497 |
filed with the board a certified copy of an adjudication by a | 3498 |
probate court of being restored to competency or has submitted to | 3499 |
the board proof, satisfactory to the board, of having been | 3500 |
discharged as being restored to competency in the manner and form | 3501 |
provided in section 5122.38 of the Revised Code. The judge of the | 3502 |
court shall immediately notify the board of an adjudication of | 3503 |
incompetence and note any suspension of a | 3504 |
the margin of the court's record of the | 3505 |
Sec. 4730.28. (A) An individual whose | 3506 |
practice as a physician assistant issued under this chapter has | 3507 |
been suspended or is in an inactive state for any cause for more | 3508 |
than two years may apply to the state medical board to have the | 3509 |
3510 |
(B)(1) The board shall not restore a
| 3511 |
under this section unless the applicant complies with sections | 3512 |
4776.01 to 4776.04 of the Revised Code. The board shall determine | 3513 |
the applicant's present fitness to resume practice. The board | 3514 |
shall consider the moral background and the activities of the | 3515 |
applicant during the period of suspension or inactivity. | 3516 |
(2) When restoring a | 3517 |
impose terms and conditions, including the following: | 3518 |
(a) Requiring the applicant to obtain additional training and | 3519 |
pass an examination upon completion of the training; | 3520 |
(b) Restricting or limiting the extent, scope, or type of | 3521 |
practice as a physician assistant that the individual may resume. | 3522 |
Sec. 4730.31. (A) As used in this section, "prosecutor" has | 3523 |
the same meaning as in section 2935.01 of the Revised Code. | 3524 |
(B) Whenever any person holding a valid
| 3525 |
to practice as a physician assistant issued pursuant to this | 3526 |
chapter pleads guilty to, is subject to a judicial finding of | 3527 |
guilt of, or is subject to a judicial finding of eligibility for | 3528 |
intervention in lieu of conviction for a violation of Chapter | 3529 |
2907., 2925., or 3719. of the Revised Code or of any substantively | 3530 |
comparable ordinance of a municipal corporation in connection with | 3531 |
practicing as a physician assistant, the prosecutor in the case | 3532 |
shall, on forms prescribed and provided by the state medical | 3533 |
board, promptly notify the board of the conviction. Within thirty | 3534 |
days of receipt of such information, the board shall initiate | 3535 |
action in accordance with Chapter 119. of the Revised Code to | 3536 |
determine whether to suspend or revoke the
| 3537 |
under section 4730.25 of the Revised Code. | 3538 |
(C) The prosecutor in any case against any person holding a | 3539 |
valid | 3540 |
on forms prescribed and provided by the state medical board, | 3541 |
notify the board of any of the following: | 3542 |
(1) A plea of guilty to, a judicial finding of guilt of, or | 3543 |
judicial finding of eligibility for intervention in lieu of | 3544 |
conviction for a felony, or a case where the trial court issues an | 3545 |
order of dismissal upon technical or procedural grounds of a | 3546 |
felony charge; | 3547 |
(2) A plea of guilty to, a judicial finding of guilt of, or | 3548 |
judicial finding or eligibility for intervention in lieu of | 3549 |
conviction for a misdemeanor committed in the course of practice, | 3550 |
or a case where the trial court issues an order of dismissal upon | 3551 |
technical or procedural grounds of a charge of a misdemeanor, if | 3552 |
the alleged act was committed in the course of practice; | 3553 |
(3) A plea of guilty to, a judicial finding of guilt of, or | 3554 |
judicial finding of eligibility for intervention in lieu of | 3555 |
conviction for a misdemeanor involving moral turpitude, or a case | 3556 |
where the trial court issues an order of dismissal upon technical | 3557 |
or procedural grounds of a charge of a misdemeanor involving moral | 3558 |
turpitude. | 3559 |
The report shall include the name and address of the | 3560 |
3561 | |
the action was taken, and the certified court documents recording | 3562 |
the action. | 3563 |
Sec. 4730.32. (A) Within sixty days after the imposition of | 3564 |
any formal disciplinary action taken by a health care facility | 3565 |
against any individual holding a valid | 3566 |
practice as a physician assistant issued under this chapter, the | 3567 |
chief administrator or executive officer of the facility shall | 3568 |
report to the state medical board the name of the individual, the | 3569 |
action taken by the facility, and a summary of the underlying | 3570 |
facts leading to the action taken. Upon request, the board shall | 3571 |
be provided certified copies of the patient records that were the | 3572 |
basis for the facility's action. Prior to release to the board, | 3573 |
the summary shall be approved by the peer review committee that | 3574 |
reviewed the case or by the governing board of the facility. | 3575 |
The filing of a report with the board or decision not to file | 3576 |
a report, investigation by the board, or any disciplinary action | 3577 |
taken by the board, does not preclude a health care facility from | 3578 |
taking disciplinary action against a physician assistant. | 3579 |
In the absence of fraud or bad faith, no individual or entity | 3580 |
that provides patient records to the board shall be liable in | 3581 |
damages to any person as a result of providing the records. | 3582 |
(B) A physician assistant, professional association or | 3583 |
society of physician assistants, physician, or professional | 3584 |
association or society of physicians that believes a violation of | 3585 |
any provision of this chapter, Chapter 4731. of the Revised Code, | 3586 |
or rule of the board has occurred shall report to the board the | 3587 |
information upon which the belief is based. This division does not | 3588 |
require any treatment provider approved by the board under section | 3589 |
4731.25 of the Revised Code or any employee, agent, or | 3590 |
representative of such a provider to make reports with respect to | 3591 |
a physician assistant participating in treatment or aftercare for | 3592 |
substance abuse as long as the physician assistant maintains | 3593 |
participation in accordance with the requirements of section | 3594 |
4731.25 of the Revised Code and the treatment provider or | 3595 |
employee, agent, or representative of the provider has no reason | 3596 |
to believe that the physician assistant has violated any provision | 3597 |
of this chapter or rule adopted under it, other than being | 3598 |
impaired by alcohol, drugs, or other substances. This division | 3599 |
does not require reporting by any member of an impaired | 3600 |
practitioner committee established by a health care facility or by | 3601 |
any representative or agent of a committee or program sponsored by | 3602 |
a professional association or society of physician assistants to | 3603 |
provide peer assistance to physician assistants with substance | 3604 |
abuse problems with respect to a physician assistant who has been | 3605 |
referred for examination to a treatment program approved by the | 3606 |
board under section 4731.25 of the Revised Code if the physician | 3607 |
assistant cooperates with the referral for examination and with | 3608 |
any determination that the physician assistant should enter | 3609 |
treatment and as long as the committee member, representative, or | 3610 |
agent has no reason to believe that the physician assistant has | 3611 |
ceased to participate in the treatment program in accordance with | 3612 |
section 4731.25 of the Revised Code or has violated any provision | 3613 |
of this chapter or rule adopted under it, other than being | 3614 |
impaired by alcohol, drugs, or other substances. | 3615 |
(C) Any professional association or society composed | 3616 |
primarily of physician assistants that suspends or revokes an | 3617 |
individual's membership for violations of professional ethics, or | 3618 |
for reasons of professional incompetence or professional | 3619 |
malpractice, within sixty days after a final decision, shall | 3620 |
report to the board, on forms prescribed and provided by the | 3621 |
board, the name of the individual, the action taken by the | 3622 |
professional organization, and a summary of the underlying facts | 3623 |
leading to the action taken. | 3624 |
The filing or nonfiling of a report with the board, | 3625 |
investigation by the board, or any disciplinary action taken by | 3626 |
the board, shall not preclude a professional organization from | 3627 |
taking disciplinary action against a physician assistant. | 3628 |
(D) Any insurer providing professional liability insurance to | 3629 |
any person holding a valid | 3630 |
physician assistant issued under this chapter or any other entity | 3631 |
that seeks to indemnify the professional liability of a physician | 3632 |
assistant shall notify the board within thirty days after the | 3633 |
final disposition of any written claim for damages where such | 3634 |
disposition results in a payment exceeding twenty-five thousand | 3635 |
dollars. The notice shall contain the following information: | 3636 |
(1) The name and address of the person submitting the | 3637 |
notification; | 3638 |
(2) The name and address of the insured who is the subject of | 3639 |
the claim; | 3640 |
(3) The name of the person filing the written claim; | 3641 |
(4) The date of final disposition; | 3642 |
(5) If applicable, the identity of the court in which the | 3643 |
final disposition of the claim took place. | 3644 |
(E) The board may investigate possible violations of this | 3645 |
chapter or the rules adopted under it that are brought to its | 3646 |
attention as a result of the reporting requirements of this | 3647 |
section, except that the board shall conduct an investigation if a | 3648 |
possible violation involves repeated malpractice. As used in this | 3649 |
division, "repeated malpractice" means three or more claims for | 3650 |
malpractice within the previous five-year period, each resulting | 3651 |
in a judgment or settlement in excess of twenty-five thousand | 3652 |
dollars in favor of the claimant, and each involving negligent | 3653 |
conduct by the physician assistant. | 3654 |
(F) All summaries, reports, and records received and | 3655 |
maintained by the board pursuant to this section shall be held in | 3656 |
confidence and shall not be subject to discovery or introduction | 3657 |
in evidence in any federal or state civil action involving a | 3658 |
physician assistant, supervising physician, or health care | 3659 |
facility arising out of matters that are the subject of the | 3660 |
reporting required by this section. The board may use the | 3661 |
information obtained only as the basis for an investigation, as | 3662 |
evidence in a disciplinary hearing against a physician assistant | 3663 |
or supervising physician, or in any subsequent trial or appeal of | 3664 |
a board action or order. | 3665 |
The board may disclose the summaries and reports it receives | 3666 |
under this section only to health care facility committees within | 3667 |
or outside this state that are involved in credentialing or | 3668 |
recredentialing a physician assistant or supervising physician or | 3669 |
reviewing their privilege to practice within a particular | 3670 |
facility. The board shall indicate whether or not the information | 3671 |
has been verified. Information transmitted by the board shall be | 3672 |
subject to the same confidentiality provisions as when maintained | 3673 |
by the board. | 3674 |
(G) Except for reports filed by an individual pursuant to | 3675 |
division (B) of this section, the board shall send a copy of any | 3676 |
reports or summaries it receives pursuant to this section to the | 3677 |
physician assistant. The physician assistant shall have the right | 3678 |
to file a statement with the board concerning the correctness or | 3679 |
relevance of the information. The statement shall at all times | 3680 |
accompany that part of the record in contention. | 3681 |
(H) An individual or entity that reports to the board or | 3682 |
refers an impaired physician assistant to a treatment provider | 3683 |
approved by the board under section 4731.25 of the Revised Code | 3684 |
shall not be subject to suit for civil damages as a result of the | 3685 |
report, referral, or provision of the information. | 3686 |
(I) In the absence of fraud or bad faith, a professional | 3687 |
association or society of physician assistants that sponsors a | 3688 |
committee or program to provide peer assistance to a physician | 3689 |
assistant with substance abuse problems, a representative or agent | 3690 |
of such a committee or program, and a member of the state medical | 3691 |
board shall not be held liable in damages to any person by reason | 3692 |
of actions taken to refer a physician assistant to a treatment | 3693 |
provider approved under section 4731.25 of the Revised Code for | 3694 |
examination or treatment. | 3695 |
Sec. 4730.33. The secretary of the state medical board shall | 3696 |
enforce the laws relating to the practice of physician assistants. | 3697 |
If the secretary has knowledge or notice of a violation of this | 3698 |
chapter or the rules adopted under it, the secretary shall | 3699 |
investigate the matter, and, upon probable cause appearing, file a | 3700 |
complaint and prosecute the offender. When requested by the | 3701 |
secretary, the prosecuting attorney of the proper county shall | 3702 |
take charge of and conduct such prosecution. | 3703 |
In the prosecution of any person for violation of division | 3704 |
(A) of section 4730.02 of the Revised Code it shall not be | 3705 |
necessary to allege or prove want of a valid | 3706 |
to practice as a physician assistant, but such matters shall be a | 3707 |
matter of defense to be established by the accused. | 3708 |
Sec. 4730.38. (A) Except as provided in division (B) of this | 3709 |
section, the physician assistant policy committee of the state | 3710 |
medical board shall, at such times the committee determines to be | 3711 |
necessary, submit to the board recommendations regarding | 3712 |
physician-delegated prescriptive authority for physician | 3713 |
assistants. The committee's recommendations shall address both of | 3714 |
the following: | 3715 |
(1) Policy and procedures regarding physician-delegated | 3716 |
prescriptive authority | 3717 |
3718 |
(2) Any issue the committee considers necessary to assist the | 3719 |
board in fulfilling its duty to adopt rules governing | 3720 |
physician-delegated prescriptive authority | 3721 |
3722 |
(B) Not less than every six months beginning on the first day | 3723 |
of June following | 3724 |
2013, the committee shall review the physician assistant formulary | 3725 |
the board adopts pursuant to division (A)(1) of section 4730.39 of | 3726 |
the Revised Code and, to the extent it determines to be necessary, | 3727 |
submit recommendations proposing changes to the formulary. | 3728 |
(C) Recommendations submitted under this section are subject | 3729 |
to the procedures and time frames specified in division (C) of | 3730 |
section 4730.06 of the Revised Code. | 3731 |
Sec. 4730.39. (A) The state medical board shall do | 3732 |
of the following: | 3733 |
(1) Adopt a formulary listing the drugs and therapeutic | 3734 |
devices by class and specific generic nomenclature that a | 3735 |
physician may include in the physician-delegated prescriptive | 3736 |
authority granted to a physician assistant who holds a | 3737 |
3738 | |
the state medical board; | 3739 |
(2) Adopt rules governing physician-delegated prescriptive | 3740 |
authority for physician assistants | 3741 |
3742 |
(3) Establish standards and procedures for delegation under | 3743 |
division (A) of section 4730.203 of the Revised Code of the | 3744 |
authority to administer drugs. | 3745 |
(B) The board's rules governing physician-delegated | 3746 |
prescriptive authority adopted pursuant to division (A)(2) of this | 3747 |
section shall be adopted in accordance with Chapter 119. of the | 3748 |
Revised Code and shall establish all of the following: | 3749 |
(1) Requirements regarding the pharmacology courses that a | 3750 |
physician assistant is required to complete | 3751 |
3752 |
(2) | 3753 |
3754 |
| 3755 |
3756 | |
3757 | |
3758 | |
3759 |
| 3760 |
device to perform or induce an abortion; | 3761 |
| 3762 |
assistant in personally furnishing samples of drugs or complete or | 3763 |
partial supplies of drugs to patients under section 4730.43 of the | 3764 |
Revised Code; | 3765 |
| 3766 |
to implement the provisions of this chapter regarding | 3767 |
physician-delegated prescriptive authority | 3768 |
3769 |
(C)(1) After considering recommendations submitted by the | 3770 |
physician assistant policy committee pursuant to sections 4730.06 | 3771 |
and 4730.38 of the Revised Code, the board shall review either or | 3772 |
both of the following, as appropriate according to the submitted | 3773 |
recommendations: | 3774 |
(a) The formulary the board adopts under division (A)(1) of | 3775 |
this section; | 3776 |
(b) The rules the board adopts under division (A)(2) of this | 3777 |
section regarding physician-delegated prescriptive authority. | 3778 |
(2) Based on its review, the board shall make any necessary | 3779 |
modifications to the formulary or rules. | 3780 |
Sec. 4730.41. (A) A | 3781 |
3782 | |
prescriber number issued by the state medical board is authorized | 3783 |
to prescribe and personally furnish drugs and therapeutic devices | 3784 |
in the exercise of physician-delegated prescriptive authority. | 3785 |
(B) In exercising physician-delegated prescriptive authority, | 3786 |
a physician assistant is subject to all of the following: | 3787 |
(1) The physician assistant shall exercise | 3788 |
physician-delegated prescriptive authority only to the extent that | 3789 |
the physician supervising the physician assistant has granted that | 3790 |
authority. | 3791 |
(2) The physician assistant shall comply with all conditions | 3792 |
placed on the physician-delegated prescriptive authority, as | 3793 |
specified by the supervising physician who is supervising the | 3794 |
physician assistant in the exercise of physician-delegated | 3795 |
prescriptive authority. | 3796 |
(3) If the physician assistant possesses physician-delegated | 3797 |
prescriptive authority for controlled substances, the physician | 3798 |
assistant shall register with the federal drug enforcement | 3799 |
administration. | 3800 |
(4) If the physician assistant possesses physician-delegated | 3801 |
prescriptive authority for schedule II controlled substances, the | 3802 |
physician assistant shall comply with section 4730.411 of the | 3803 |
Revised Code. | 3804 |
(5) If the physician assistant possesses physician-delegated | 3805 |
prescriptive authority to prescribe for a minor, as defined in | 3806 |
section 3719.061 of the Revised Code, a compound that is a | 3807 |
controlled substance containing an opioid, the physician assistant | 3808 |
shall comply with section 3719.061 of the Revised Code. | 3809 |
Sec. 4730.42. (A) In granting physician-delegated | 3810 |
prescriptive authority to a particular physician assistant who | 3811 |
holds a | 3812 |
3813 | |
physician is subject to all of the following: | 3814 |
(1) The supervising physician shall not grant | 3815 |
physician-delegated prescriptive authority for any drug or | 3816 |
therapeutic device that is not listed on the physician assistant | 3817 |
formulary adopted under section 4730.39 of the Revised Code as a | 3818 |
drug or therapeutic device that may be included in the | 3819 |
physician-delegated prescriptive authority granted to a physician | 3820 |
assistant. | 3821 |
(2) The supervising physician shall not grant | 3822 |
physician-delegated prescriptive authority for any drug or device | 3823 |
that may be used to perform or induce an abortion. | 3824 |
(3) The supervising physician shall not grant | 3825 |
physician-delegated prescriptive authority in a manner that | 3826 |
exceeds the supervising physician's prescriptive authority, | 3827 |
including the physician's authority to treat chronic pain with | 3828 |
controlled substances and products containing tramadol as | 3829 |
described in section 4731.052 of the Revised Code. | 3830 |
(4) The supervising physician shall supervise the physician | 3831 |
assistant in accordance with | 3832 |
(a) The supervision requirements specified in section 4730.21 | 3833 |
of the Revised Code | 3834 |
3835 | |
3836 | |
3837 |
(b) The | 3838 |
3839 | |
the physician assistant under section 4730.19 of the Revised Code, | 3840 |
including, if applicable, the policies of the health care facility | 3841 |
in which the physician and physician assistant are practicing | 3842 |
| 3843 |
3844 | |
3845 |
(B)(1) The supervising physician of a physician assistant may | 3846 |
place conditions on the physician-delegated prescriptive authority | 3847 |
granted to the physician assistant. If conditions are placed on | 3848 |
that authority, the supervising physician shall maintain a written | 3849 |
record of the conditions and make the record available to the | 3850 |
state medical board on request. | 3851 |
(2) The conditions that a supervising physician may place on | 3852 |
the physician-delegated prescriptive authority granted to a | 3853 |
physician assistant include the following: | 3854 |
(a) Identification by class and specific generic nomenclature | 3855 |
of drugs and therapeutic devices that the physician chooses not to | 3856 |
permit the physician assistant to prescribe; | 3857 |
(b) Limitations on the dosage units or refills that the | 3858 |
physician assistant is authorized to prescribe; | 3859 |
(c) Specification of circumstances under which the physician | 3860 |
assistant is required to refer patients to the supervising | 3861 |
physician or another physician when exercising physician-delegated | 3862 |
prescriptive authority; | 3863 |
(d) Responsibilities to be fulfilled by the physician in | 3864 |
supervising the physician assistant that are not otherwise | 3865 |
specified in the | 3866 |
or otherwise required by this chapter. | 3867 |
Sec. 4730.43. (A) A physician assistant who holds a | 3868 |
3869 | |
3870 | |
physician-delegated prescriptive authority | 3871 |
3872 | |
therapeutic devices that are included in the physician assistant's | 3873 |
physician-delegated prescriptive authority, subject to all of the | 3874 |
following: | 3875 |
(1) The amount of the sample furnished shall not exceed a | 3876 |
seventy-two-hour supply, except when the minimum available | 3877 |
quantity of the sample is packaged in an amount that is greater | 3878 |
than a seventy-two-hour supply, in which case the physician | 3879 |
assistant may furnish the sample in the package amount. | 3880 |
(2) No charge may be imposed for the sample or for furnishing | 3881 |
it. | 3882 |
(3) Samples of controlled substances may not be personally | 3883 |
furnished. | 3884 |
(B) A physician assistant who holds a | 3885 |
3886 | |
board and has been granted physician-delegated prescriptive | 3887 |
authority | 3888 |
patient a complete or partial supply of the drugs and therapeutic | 3889 |
devices that are included in the physician assistant's | 3890 |
physician-delegated prescriptive authority, subject to all of the | 3891 |
following: | 3892 |
(1) The physician assistant shall personally furnish only | 3893 |
antibiotics, antifungals, scabicides, contraceptives, prenatal | 3894 |
vitamins, antihypertensives, drugs and devices used in the | 3895 |
treatment of diabetes, drugs and devices used in the treatment of | 3896 |
asthma, and drugs used in the treatment of dyslipidemia. | 3897 |
(2) The physician assistant shall not furnish the drugs and | 3898 |
devices in locations other than a health department operated by | 3899 |
the board of health of a city or general health district or the | 3900 |
authority having the duties of a board of health under section | 3901 |
3709.05 of the Revised Code, a federally funded comprehensive | 3902 |
primary care clinic, or a nonprofit health care clinic or program. | 3903 |
(3) The physician assistant shall comply with all standards | 3904 |
and procedures for personally furnishing supplies of drugs and | 3905 |
devices, as established in rules adopted under section 4730.39 of | 3906 |
the Revised Code. | 3907 |
Sec. 4730.431. (A) Notwithstanding any provision of this | 3908 |
chapter or rule adopted by the state medical board, a physician | 3909 |
assistant who holds a | 3910 |
number issued | 3911 |
furnish a supply of naloxone, or issue a prescription for | 3912 |
naloxone, without having examined the individual to whom it may be | 3913 |
administered if all of the following conditions are met: | 3914 |
(1) The naloxone supply is furnished to, or the prescription | 3915 |
is issued to and in the name of, a family member, friend, or other | 3916 |
individual in a position to assist an individual who there is | 3917 |
reason to believe is at risk of experiencing an opioid-related | 3918 |
overdose. | 3919 |
(2) The physician assistant instructs the individual | 3920 |
receiving the naloxone supply or prescription to summon emergency | 3921 |
services either immediately before or immediately after | 3922 |
administering naloxone to an individual apparently experiencing an | 3923 |
opioid-related overdose. | 3924 |
(3) The naloxone is personally furnished or prescribed in | 3925 |
such a manner that it may be administered by only either of the | 3926 |
following routes: | 3927 |
(a) Using a device manufactured for the intranasal | 3928 |
administration of liquid drugs; | 3929 |
(b) Using an autoinjector in a manufactured dosage form. | 3930 |
(B) A physician assistant who under division (A) of this | 3931 |
section in good faith furnishes a supply of naloxone or issues a | 3932 |
prescription for naloxone is not liable for or subject to any of | 3933 |
the following for any action or omission of the individual to whom | 3934 |
the naloxone is furnished or the prescription is issued: damages | 3935 |
in any civil action, prosecution in any criminal proceeding, or | 3936 |
professional disciplinary action. | 3937 |
Sec. 4730.49. (A) To be eligible for renewal of a | 3938 |
3939 | |
assistant, an applicant who has been granted physician-delegated | 3940 |
prescriptive authority is subject to both of the following: | 3941 |
(1) The applicant shall complete every two years at least | 3942 |
twelve hours of continuing education in pharmacology from an | 3943 |
accredited institution recognized by the state medical board. | 3944 |
Except as provided in division (B) of this section and in section | 3945 |
5903.12 of the Revised Code, the continuing education shall be | 3946 |
completed not later than the thirty-first day of January of each | 3947 |
even-numbered year. | 3948 |
(2)(a) Except as provided in division (A)(2)(b) of this | 3949 |
section, in the case of an applicant who prescribes opioid | 3950 |
analgesics or benzodiazepines, the applicant shall certify to the | 3951 |
board whether the applicant has been granted access to the drug | 3952 |
database established and maintained by the state board of pharmacy | 3953 |
pursuant to section 4729.75 of the Revised Code. | 3954 |
(b) The requirement in division (A)(2)(a) of this section | 3955 |
does not apply if either of the following is the case: | 3956 |
(i) The state board of pharmacy notifies the state medical | 3957 |
board pursuant to section 4729.861 of the Revised Code that the | 3958 |
applicant has been restricted from obtaining further information | 3959 |
from the drug database. | 3960 |
(ii) The state board of pharmacy no longer maintains the drug | 3961 |
database. | 3962 |
(c) If an applicant certifies to the state medical board that | 3963 |
the applicant has been granted access to the drug database and the | 3964 |
board finds through an audit or other means that the applicant has | 3965 |
not been granted access, the board may take action under section | 3966 |
4730.25 of the Revised Code. | 3967 |
(B) The state medical board shall provide for pro rata | 3968 |
reductions by month of the number of hours of continuing education | 3969 |
in pharmacology that is required to be completed for physician | 3970 |
assistants who are in their first | 3971 |
after completing the | 3972 |
under section | 3973 |
disabled due to illness or accident, or who have been absent from | 3974 |
the country. The board shall adopt rules, in accordance with | 3975 |
Chapter 119. of the Revised Code, as necessary to implement this | 3976 |
division. | 3977 |
(C) The continuing education required by this section is in | 3978 |
addition to the continuing education required under section | 3979 |
4730.14 of the Revised Code. | 3980 |
Sec. 4730.51. In the information the board maintains on | 3981 |
its internet web site, the state medical board shall include the | 3982 |
following: | 3983 |
(A) The name of each physician assistant who holds a | 3984 |
3985 |
(B) For each physician assistant who holds a | 3986 |
3987 | |
board, the name of each supervising physician who has authority to | 3988 |
grant physician-delegated prescriptive authority to the physician | 3989 |
assistant. | 3990 |
Sec. 4730.53. (A) As used in this section, "drug database" | 3991 |
means the database established and maintained by the state board | 3992 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 3993 |
(B) The state medical board shall adopt rules in accordance | 3994 |
with Chapter 119. of the Revised Code that establish standards and | 3995 |
procedures to be followed by a physician assistant | 3996 |
3997 | |
has been granted physician-delegated prescriptive authority | 3998 |
regarding the review of patient information available through the | 3999 |
drug database under division (A)(5) of section 4729.80 of the | 4000 |
Revised Code. | 4001 |
(C) This section and the rules adopted under it do not apply | 4002 |
if the state board of pharmacy no longer maintains the drug | 4003 |
database. | 4004 |
Sec. 4731.07. (A) The state medical board shall keep a record | 4005 |
of its proceedings. The minutes of a meeting of the board shall, | 4006 |
on approval by the board, constitute an official record of its | 4007 |
proceedings. | 4008 |
(B) The board shall keep a register of applicants for | 4009 |
certificates of registration and certificates to practice issued | 4010 |
under this chapter and Chapters | 4011 |
the Revised Code and licenses issued under | 4012 |
and 4778. of the Revised Code. The register shall show the name of | 4013 |
the applicant and whether the applicant was granted or refused a | 4014 |
certificate or license. With respect to applicants to practice | 4015 |
medicine and surgery or osteopathic medicine and surgery, the | 4016 |
register shall show the name of the institution that granted the | 4017 |
applicant the degree of doctor of medicine or osteopathic | 4018 |
medicine. The books and records of the board shall be prima-facie | 4019 |
evidence of matters therein contained. | 4020 |
Sec. 4761.01. As used in this chapter: | 4021 |
(A) "Respiratory care" means rendering or offering to render | 4022 |
to individuals, groups, organizations, or the public any service | 4023 |
involving the evaluation of cardiopulmonary function, the | 4024 |
treatment of cardiopulmonary impairment, the assessment of | 4025 |
treatment effectiveness, and the care of patients with | 4026 |
deficiencies and abnormalities associated with the cardiopulmonary | 4027 |
system. The practice of respiratory care includes: | 4028 |
(1) Obtaining, analyzing, testing, measuring, and monitoring | 4029 |
blood and gas samples in the determination of cardiopulmonary | 4030 |
parameters and related physiologic data, including flows, | 4031 |
pressures, and volumes, and the use of equipment employed for this | 4032 |
purpose; | 4033 |
(2) Administering, monitoring, recording the results of, and | 4034 |
instructing in the use of medical gases, aerosols, and | 4035 |
bronchopulmonary hygiene techniques, including drainage, | 4036 |
aspiration, and sampling, and applying, maintaining, and | 4037 |
instructing in the use of artificial airways, ventilators, and | 4038 |
other life support equipment employed in the treatment of | 4039 |
cardiopulmonary impairment and provided in collaboration with | 4040 |
other licensed health care professionals responsible for providing | 4041 |
care; | 4042 |
(3) Performing cardiopulmonary resuscitation and respiratory | 4043 |
rehabilitation techniques; | 4044 |
(4) Administering medications for the testing or treatment of | 4045 |
cardiopulmonary impairment. | 4046 |
(B) "Respiratory care professional" means a person who is | 4047 |
licensed under this chapter to practice the full range of | 4048 |
respiratory care services as defined in division (A) of this | 4049 |
section. | 4050 |
(C) "Physician" means an individual authorized under Chapter | 4051 |
4731. of the Revised Code to practice medicine and surgery or | 4052 |
osteopathic medicine and surgery. | 4053 |
(D) "Registered nurse" means an individual licensed under | 4054 |
Chapter 4723. of the Revised Code to engage in the practice of | 4055 |
nursing as a registered nurse. | 4056 |
(E) "Hospital" means a facility that meets the operating | 4057 |
standards of section 3727.02 of the Revised Code. | 4058 |
(F) "Nursing facility" has the same meaning as in section | 4059 |
5165.01 of the Revised Code. | 4060 |
(G) "Certified hyperbaric technologist" means a person who | 4061 |
administers hyperbaric oxygen therapy and is certified as a | 4062 |
hyperbaric technologist by the national board of diving and | 4063 |
hyperbaric medical technology or its successor organization. | 4064 |
(H) "Hyperbaric oxygen therapy" means the administration of | 4065 |
pure oxygen in a pressurized room or chamber, except that it does | 4066 |
not include ventilator management. | 4067 |
(I) "Advanced practice registered nurse" has the same meaning | 4068 |
as in section 4723.01 of the Revised Code. | 4069 |
(J) "Physician assistant" means an individual who holds a | 4070 |
valid | 4071 |
of the Revised Code authorizing the individual to provide services | 4072 |
as a physician assistant to patients under the supervision, | 4073 |
control, and direction of one or more physicians. | 4074 |
Sec. 4761.17. All of the following apply to the practice of | 4075 |
respiratory care by a person who holds a license or limited permit | 4076 |
issued under this chapter: | 4077 |
(A) The person shall practice only pursuant to a prescription | 4078 |
or other order for respiratory care issued by | 4079 |
following: | 4080 |
(1) A physician | 4081 |
(2) A registered nurse who holds a certificate of authority | 4082 |
issued under Chapter 4723. of the Revised Code to practice as a | 4083 |
certified nurse practitioner or clinical nurse specialist and has | 4084 |
entered into a standard care arrangement with a physician that | 4085 |
allows the nurse to prescribe or order respiratory care services; | 4086 |
(3) A physician assistant who has been granted | 4087 |
physician-delegated prescriptive authority that allows the | 4088 |
physician assistant to prescribe or order respiratory care | 4089 |
services. | 4090 |
(B) The person shall practice only under the supervision of | 4091 |
any of the following: | 4092 |
(1) A physician | 4093 |
(2) A certified nurse practitioner or clinical nurse | 4094 |
specialist who is authorized to prescribe or order respiratory | 4095 |
care services as provided in division (A)(2) of this section; | 4096 |
(3) A physician assistant who is authorized to prescribe or | 4097 |
order respiratory care services as provided in division (A)(3) of | 4098 |
this section. | 4099 |
(C) When practicing under the prescription or order of a | 4100 |
certified nurse practitioner or clinical nurse specialist or under | 4101 |
the supervision of such a nurse, the person's administration of | 4102 |
medication that requires a prescription is limited to the drugs | 4103 |
that the nurse is authorized to prescribe pursuant to the nurse's | 4104 |
certificate to prescribe issued under section 4723.48 of the | 4105 |
Revised Code. | 4106 |
(D) When practicing under the prescription or order of a | 4107 |
physician assistant or under the supervision of a physician | 4108 |
assistant, the person's administration of medication that requires | 4109 |
a prescription is limited to the drugs that the physician | 4110 |
assistant is authorized to prescribe pursuant to the physician | 4111 |
assistant's physician-delegated prescriptive authority. | 4112 |
Sec. 4765.01. As used in this chapter: | 4113 |
(A) "First responder" means an individual who holds a | 4114 |
current, valid certificate issued under section 4765.30 of the | 4115 |
Revised Code to practice as a first responder. | 4116 |
(B) "Emergency medical technician-basic" or "EMT-basic" means | 4117 |
an individual who holds a current, valid certificate issued under | 4118 |
section 4765.30 of the Revised Code to practice as an emergency | 4119 |
medical technician-basic. | 4120 |
(C) "Emergency medical technician-intermediate" or "EMT-I" | 4121 |
means an individual who holds a current, valid certificate issued | 4122 |
under section 4765.30 of the Revised Code to practice as an | 4123 |
emergency medical technician-intermediate. | 4124 |
(D) "Emergency medical technician-paramedic" or "paramedic" | 4125 |
means an individual who holds a current, valid certificate issued | 4126 |
under section 4765.30 of the Revised Code to practice as an | 4127 |
emergency medical technician-paramedic. | 4128 |
(E) "Ambulance" means any motor vehicle that is used, or is | 4129 |
intended to be used, for the purpose of responding to emergency | 4130 |
medical situations, transporting emergency patients, and | 4131 |
administering emergency medical service to patients before, | 4132 |
during, or after transportation. | 4133 |
(F) "Cardiac monitoring" means a procedure used for the | 4134 |
purpose of observing and documenting the rate and rhythm of a | 4135 |
patient's heart by attaching electrical leads from an | 4136 |
electrocardiograph monitor to certain points on the patient's body | 4137 |
surface. | 4138 |
(G) "Emergency medical service" means any of the services | 4139 |
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of | 4140 |
the Revised Code that are performed by first responders, emergency | 4141 |
medical technicians-basic, emergency medical | 4142 |
technicians-intermediate, and paramedics. "Emergency medical | 4143 |
service" includes such services performed before or during any | 4144 |
transport of a patient, including transports between hospitals and | 4145 |
transports to and from helicopters. | 4146 |
(H) "Emergency medical service organization" means a public | 4147 |
or private organization using first responders, EMTs-basic, | 4148 |
EMTs-I, or paramedics, or a combination of first responders, | 4149 |
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical | 4150 |
services. | 4151 |
(I) "Physician" means an individual who holds a current, | 4152 |
valid certificate issued under Chapter 4731. of the Revised Code | 4153 |
authorizing the practice of medicine and surgery or osteopathic | 4154 |
medicine and surgery. | 4155 |
(J) "Registered nurse" means an individual who holds a | 4156 |
current, valid license issued under Chapter 4723. of the Revised | 4157 |
Code authorizing the practice of nursing as a registered nurse. | 4158 |
(K) "Volunteer" means a person who provides services either | 4159 |
for no compensation or for compensation that does not exceed the | 4160 |
actual expenses incurred in providing the services or in training | 4161 |
to provide the services. | 4162 |
(L) "Emergency medical service personnel" means first | 4163 |
responders, emergency medical service technicians-basic, emergency | 4164 |
medical service technicians-intermediate, emergency medical | 4165 |
service technicians-paramedic, and persons who provide medical | 4166 |
direction to such persons. | 4167 |
(M) "Hospital" has the same meaning as in section 3727.01 of | 4168 |
the Revised Code. | 4169 |
(N) "Trauma" or "traumatic injury" means severe damage to or | 4170 |
destruction of tissue that satisfies both of the following | 4171 |
conditions: | 4172 |
(1) It creates a significant risk of any of the following: | 4173 |
(a) Loss of life; | 4174 |
(b) Loss of a limb; | 4175 |
(c) Significant, permanent disfigurement; | 4176 |
(d) Significant, permanent disability. | 4177 |
(2) It is caused by any of the following: | 4178 |
(a) Blunt or penetrating injury; | 4179 |
(b) Exposure to electromagnetic, chemical, or radioactive | 4180 |
energy; | 4181 |
(c) Drowning, suffocation, or strangulation; | 4182 |
(d) A deficit or excess of heat. | 4183 |
(O) "Trauma victim" or "trauma patient" means a person who | 4184 |
has sustained a traumatic injury. | 4185 |
(P) "Trauma care" means the assessment, diagnosis, | 4186 |
transportation, treatment, or rehabilitation of a trauma victim by | 4187 |
emergency medical service personnel or by a physician, nurse, | 4188 |
physician assistant, respiratory therapist, physical therapist, | 4189 |
chiropractor, occupational therapist, speech-language pathologist, | 4190 |
audiologist, or psychologist licensed to practice as such in this | 4191 |
state or another jurisdiction. | 4192 |
(Q) "Trauma center" means all of the following: | 4193 |
(1) Any hospital that is verified by the American college of | 4194 |
surgeons as an adult or pediatric trauma center; | 4195 |
(2) Any hospital that is operating as an adult or pediatric | 4196 |
trauma center under provisional status pursuant to section | 4197 |
3727.101 of the Revised Code; | 4198 |
(3) Until December 31, 2004, any hospital in this state that | 4199 |
is designated by the director of health as a level II pediatric | 4200 |
trauma center under section 3727.081 of the Revised Code; | 4201 |
(4) Any hospital in another state that is licensed or | 4202 |
designated under the laws of that state as capable of providing | 4203 |
specialized trauma care appropriate to the medical needs of the | 4204 |
trauma patient. | 4205 |
(R) "Pediatric" means involving a patient who is less than | 4206 |
sixteen years of age. | 4207 |
(S) "Adult" means involving a patient who is not a pediatric | 4208 |
patient. | 4209 |
(T) "Geriatric" means involving a patient who is at least | 4210 |
seventy years old or exhibits significant anatomical or | 4211 |
physiological characteristics associated with advanced aging. | 4212 |
(U) "Air medical organization" means an organization that | 4213 |
provides emergency medical services, or transports emergency | 4214 |
victims, by means of fixed or rotary wing aircraft. | 4215 |
(V) "Emergency care" and "emergency facility" have the same | 4216 |
meanings as in section 3727.01 of the Revised Code. | 4217 |
(W) "Stabilize," except as it is used in division (B) of | 4218 |
section 4765.35 of the Revised Code with respect to the manual | 4219 |
stabilization of fractures, has the same meaning as in section | 4220 |
1753.28 of the Revised Code. | 4221 |
(X) "Transfer" has the same meaning as in section 1753.28 of | 4222 |
the Revised Code. | 4223 |
(Y) "Firefighter" means any member of a fire department as | 4224 |
defined in section 742.01 of the Revised Code. | 4225 |
(Z) "Volunteer firefighter" has the same meaning as in | 4226 |
section 146.01 of the Revised Code. | 4227 |
(AA) "Part-time paid firefighter" means a person who provides | 4228 |
firefighting services on less than a full-time basis, is routinely | 4229 |
scheduled to be present on site at a fire station or other | 4230 |
designated location for purposes of responding to a fire or other | 4231 |
emergency, and receives more than nominal compensation for the | 4232 |
provision of firefighting services. | 4233 |
(BB) "Physician assistant" means an individual who holds a | 4234 |
current, valid | 4235 |
assistant issued under Chapter 4730. of the Revised Code. | 4236 |
Sec. 4765.51. Nothing in this chapter prevents or restricts | 4237 |
the practice, services, or activities of any registered nurse | 4238 |
practicing within the scope of the registered nurse's practice. | 4239 |
Nothing in this chapter prevents or restricts the practice, | 4240 |
services, or activities of any physician assistant practicing in | 4241 |
accordance with a | 4242 |
agreement entered into under section | 4243 |
Revised Code | 4244 |
health care facility in which the physician assistant is | 4245 |
practicing. | 4246 |
Sec. 5122.11. Proceedings for a mentally ill person subject | 4247 |
to court order pursuant to sections 5122.11 to 5122.15 of the | 4248 |
Revised Code shall be commenced by the filing of an affidavit in | 4249 |
the manner prescribed by the department of mental health and | 4250 |
addiction services and in a form prescribed in section 5122.111 of | 4251 |
the Revised Code, by any person or persons with the probate court | 4252 |
4253 | |
4254 | |
whichever is determined to be proper by the court. This section | 4255 |
does not apply to the hospitalization of a person pursuant to | 4256 |
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 4257 |
Code. | 4258 |
The affidavit shall contain an allegation setting forth the | 4259 |
specific category or categories under division (B) of section | 4260 |
5122.01 of the Revised Code upon which the jurisdiction of the | 4261 |
court is based and a statement of alleged facts sufficient to | 4262 |
indicate probable cause to believe that the person is a mentally | 4263 |
ill person subject to court order. The affidavit may be | 4264 |
accompanied, or the court may require that the affidavit be | 4265 |
accompanied, by a certificate of a psychiatrist, or a certificate | 4266 |
signed by a licensed clinical psychologist and a certificate | 4267 |
signed by a licensed physician stating that the person who issued | 4268 |
the certificate has examined the person and is of the opinion that | 4269 |
the person is a mentally ill person subject to court order, or | 4270 |
shall be accompanied by a written statement by the applicant, | 4271 |
under oath, that the person has refused to submit to an | 4272 |
examination by a psychiatrist, or by a licensed clinical | 4273 |
psychologist and licensed physician. | 4274 |
Upon receipt of the affidavit, if a judge of the court or a | 4275 |
referee who is an attorney at law appointed by the court has | 4276 |
probable cause to believe that the person named in the affidavit | 4277 |
is a mentally ill person subject to court order, the judge or | 4278 |
referee may issue a temporary order of detention ordering any | 4279 |
health or police officer or sheriff to take into custody and | 4280 |
transport the person to a hospital or other place designated in | 4281 |
section 5122.17 of the Revised Code, or may set the matter for | 4282 |
further hearing. If a temporary order of detention is issued and | 4283 |
the person is transported to a hospital or other designated place, | 4284 |
the court that issued the order shall retain jurisdiction over the | 4285 |
case as it relates to the person's outpatient treatment, | 4286 |
notwithstanding that the hospital or other designated place to | 4287 |
which the person is transported is outside the territorial | 4288 |
jurisdiction of the court. | 4289 |
The person may be observed and treated until the hearing | 4290 |
provided for in section 5122.141 of the Revised Code. If no such | 4291 |
hearing is held, the person may be observed and treated until the | 4292 |
hearing provided for in section 5122.15 of the Revised Code. | 4293 |
Sec. 5122.111. To initiate proceedings for court-ordered | 4294 |
treatment of a person under section 5122.11 of the Revised Code, a | 4295 |
person or persons shall file an affidavit with the probate court | 4296 |
that is identical in form and content to the following: | 4297 |
AFFIDAVIT OF MENTAL ILLNESS | 4298 |
4299 | |||
The State of Ohio | 4300 | ||
..................... County, | ss. | 4301 | |
..................... Court | 4302 |
................................................................. | 4303 | ||
the undersigned, residing at | 4304 | ||
................................................................. | 4305 | ||
says, that he/she has information to believe or has actual knowledge that | 4306 | ||
................................................................. | 4307 |
4308 | |
[ ] Represents a substantial risk of physical harm to self as | 4309 |
manifested by evidence of threats of, or attempts at, suicide or | 4310 |
serious self-inflicted bodily harm; | 4311 |
[ ] Represents a substantial risk of physical harm to others as | 4312 |
manifested by evidence of recent homicidal or other violent | 4313 |
behavior or evidence of recent threats that place another in | 4314 |
reasonable fear of violent behavior and serious physical harm or | 4315 |
other evidence of present dangerousness; | 4316 |
[ ] Represents a substantial and immediate risk of serious | 4317 |
physical impairment or injury to self as manifested by evidence of | 4318 |
being unable to provide for and of not providing for basic | 4319 |
physical needs because of mental illness and that appropriate | 4320 |
provision for such needs cannot be made immediately available in | 4321 |
the community; | 4322 |
[ ] Would benefit from treatment for mental illness and is in need | 4323 |
of such treatment as manifested by evidence of behavior that | 4324 |
creates a grave and imminent risk to substantial rights of others | 4325 |
or the person; or | 4326 |
[ ] Would benefit from treatment as manifested by evidence of | 4327 |
behavior that indicates all of the following: | 4328 |
(a) The person is unlikely to survive safely in the community | 4329 |
without supervision, based on a clinical determination. | 4330 |
(b) The person has a history of lack of compliance with treatment | 4331 |
for mental illness and one of the following applies: | 4332 |
(i) At least twice within the thirty-six months prior to the | 4333 |
filing of an affidavit seeking court-ordered treatment of the | 4334 |
person under section 5122.111 of the Revised Code, the lack of | 4335 |
compliance has been a significant factor in necessitating | 4336 |
hospitalization in a hospital or receipt of services in a forensic | 4337 |
or other mental health unit of a correctional facility, provided | 4338 |
that the thirty-six-month period shall be extended by the length | 4339 |
of any hospitalization or incarceration of the person that | 4340 |
occurred within the thirty-six-month period. | 4341 |
(ii) Within the forty-eight months prior to the filing of an | 4342 |
affidavit seeking court-ordered treatment of the person under | 4343 |
section 5122.111 of the Revised Code, the lack of compliance | 4344 |
resulted in one or more acts of serious violent behavior toward | 4345 |
self or others or threats of, or attempts at, serious physical | 4346 |
harm to self or others, provided that the forty-eight-month period | 4347 |
shall be extended by the length of any hospitalization or | 4348 |
incarceration of the person that occurred within the | 4349 |
forty-eight-month period. | 4350 |
(c) The person, as a result of mental illness, is unlikely to | 4351 |
voluntarily participate in necessary treatment. | 4352 |
(d) In view of the person's treatment history and current | 4353 |
behavior, the person is in need of treatment in order to prevent a | 4354 |
relapse or deterioration that would be likely to result in | 4355 |
substantial risk of serious harm to the person or others. | 4356 |
................................................................. | 4357 | ||
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows: | 4358 | ||
................................................................. | 4359 | ||
................................................................. | 4360 | ||
................................................................. | 4361 | ||
................................................................. | 4362 | ||
................................................................. | 4363 | ||
................................................................. | 4364 | ||
These facts being sufficient to indicate probable cause that the | 4365 | ||
above said person is a mentally ill person subject to | 4366 | ||
court order. | 4367 |
Name of Patient's Last Physician or Licensed Clinical Psychologist | 4368 | ||
................................................................. | 4369 | ||
Address of Patient's Last Physician or Licensed Clinical Psychologist | 4370 | ||
................................................................. | 4371 | ||
................................................................. | 4372 |
The name and address of respondent's legal guardian, spouse, and | 4373 |
adult next of kin are: | 4374 |
Name | Kinship | Address | 4375 | |||
4376 | ||||||
Legal Guardian | 4377 | |||||
4378 | ||||||
4379 | ||||||
Spouse | 4380 | |||||
4381 | ||||||
4382 | ||||||
Adult Next of Kin | 4383 | |||||
4384 | ||||||
4385 | ||||||
Adult Next of Kin | 4386 | |||||
4387 |
The following constitutes additional information that may be | 4388 | ||
necessary for the purpose of determining residence: | 4389 | ||
................................................................. | 4390 | ||
................................................................. | 4391 | ||
................................................................. | 4392 | ||
................................................................. | 4393 | ||
................................................................. | 4394 |
Dated this ............. day of ..............., 20... | 4395 |
4396 | |||
Signature of the party filing the affidavit | 4397 |
Sworn to before me and signed in my presence on the day and year | 4398 |
above dated. | 4399 |
4400 | |||
Signature of Probate Judge | 4401 |
4402 | |||
4403 |
4404 | |
I, the undersigned party filing the affidavit hereby waive the | 4405 |
issuing and service of notice of the hearing on said affidavit, | 4406 |
and voluntarily enter my appearance herein. | 4407 |
Dated this ............. day of ..............., 20... | 4408 |
4409 | |||
Signature of the party filing the affidavit | 4410 |
Sec. 5123.47. (A) As used in this section: | 4411 |
(1) "In-home care" means the supportive services provided | 4412 |
within the home of an individual with mental retardation or a | 4413 |
developmental disability who receives funding for the services | 4414 |
through a county board of developmental disabilities, including | 4415 |
any recipient of residential services funded as home and | 4416 |
community-based services, family support services provided under | 4417 |
section 5126.11 of the Revised Code, or supported living provided | 4418 |
in accordance with sections 5126.41 to 5126.47 of the Revised | 4419 |
Code. "In-home care" includes care that is provided outside an | 4420 |
individual's home in places incidental to the home, and while | 4421 |
traveling to places incidental to the home, except that "in-home | 4422 |
care" does not include care provided in the facilities of a county | 4423 |
board of developmental disabilities or care provided in schools. | 4424 |
(2) "Parent" means either parent of a child, including an | 4425 |
adoptive parent but not a foster parent. | 4426 |
(3) "Unlicensed in-home care worker" means an individual who | 4427 |
provides in-home care but is not a health care professional. | 4428 |
(4) "Family member" means a parent, sibling, spouse, son, | 4429 |
daughter, grandparent, aunt, uncle, cousin, or guardian of the | 4430 |
individual with mental retardation or a developmental disability | 4431 |
if the individual with mental retardation or developmental | 4432 |
disabilities lives with the person and is dependent on the person | 4433 |
to the extent that, if the supports were withdrawn, another living | 4434 |
arrangement would have to be found. | 4435 |
(5) "Health care professional" means any of the following: | 4436 |
(a) A dentist who holds a valid license issued under Chapter | 4437 |
4715. of the Revised Code; | 4438 |
(b) A registered or licensed practical nurse who holds a | 4439 |
valid license issued under Chapter 4723. of the Revised Code; | 4440 |
(c) An optometrist who holds a valid license issued under | 4441 |
Chapter 4725. of the Revised Code; | 4442 |
(d) A pharmacist who holds a valid license issued under | 4443 |
Chapter 4729. of the Revised Code; | 4444 |
(e) A person who holds a valid certificate issued under | 4445 |
Chapter 4731. of the Revised Code to practice medicine and | 4446 |
surgery, osteopathic medicine and surgery, podiatric medicine and | 4447 |
surgery, or a limited brand of medicine; | 4448 |
(f) A physician assistant who holds a valid | 4449 |
license issued under Chapter 4730. of the Revised Code; | 4450 |
(g) An occupational therapist or occupational therapy | 4451 |
assistant or a physical therapist or physical therapist assistant | 4452 |
who holds a valid license issued under Chapter 4755. of the | 4453 |
Revised Code; | 4454 |
(h) A respiratory care professional who holds a valid license | 4455 |
issued under Chapter 4761. of the Revised Code. | 4456 |
(6) "Health care task" means a task that is prescribed, | 4457 |
ordered, delegated, or otherwise directed by a health care | 4458 |
professional acting within the scope of the professional's | 4459 |
practice. | 4460 |
(B) Except as provided in division (E) of this section, a | 4461 |
family member of an individual with mental retardation or a | 4462 |
developmental disability may authorize an unlicensed in-home care | 4463 |
worker to administer oral and topical prescribed medications or | 4464 |
perform other health care tasks as part of the in-home care the | 4465 |
worker provides to the individual, if all of the following apply: | 4466 |
(1) The family member is the primary supervisor of the care. | 4467 |
(2) The unlicensed in-home care worker has been selected by | 4468 |
the family member or the individual receiving care and is under | 4469 |
the direct supervision of the family member. | 4470 |
(3) The unlicensed in-home care worker is providing the care | 4471 |
through an employment or other arrangement entered into directly | 4472 |
with the family member and is not otherwise employed by or under | 4473 |
contract with a person or government entity to provide services to | 4474 |
individuals with mental retardation and developmental | 4475 |
disabilities. | 4476 |
(C) A family member shall obtain a prescription, if | 4477 |
applicable, and written instructions from a health care | 4478 |
professional for the care to be provided to the individual. The | 4479 |
family member shall authorize the unlicensed in-home care worker | 4480 |
to provide the care by preparing a written document granting the | 4481 |
authority. The family member shall provide the unlicensed in-home | 4482 |
care worker with appropriate training and written instructions in | 4483 |
accordance with the instructions obtained from the health care | 4484 |
professional. | 4485 |
(D) A family member who authorizes an unlicensed in-home care | 4486 |
worker to administer oral and topical prescribed medications or | 4487 |
perform other health care tasks retains full responsibility for | 4488 |
the health and safety of the individual receiving the care and for | 4489 |
ensuring that the worker provides the care appropriately and | 4490 |
safely. No entity that funds or monitors the provision of in-home | 4491 |
care may be held liable for the results of the care provided under | 4492 |
this section by an unlicensed in-home care worker, including such | 4493 |
entities as the county board of developmental disabilities and the | 4494 |
department of developmental disabilities. | 4495 |
An unlicensed in-home care worker who is authorized under | 4496 |
this section by a family member to provide care to an individual | 4497 |
may not be held liable for any injury caused in providing the | 4498 |
care, unless the worker provides the care in a manner that is not | 4499 |
in accordance with the training and instructions received or the | 4500 |
worker acts in a manner that constitutes wanton or reckless | 4501 |
misconduct. | 4502 |
(E) A county board of developmental disabilities may evaluate | 4503 |
the authority granted by a family member under this section to an | 4504 |
unlicensed in-home care worker at any time it considers necessary | 4505 |
and shall evaluate the authority on receipt of a complaint. If the | 4506 |
board determines that a family member has acted in a manner that | 4507 |
is inappropriate for the health and safety of the individual | 4508 |
receiving the care, the authorization granted by the family member | 4509 |
to an unlicensed in-home care worker is void, and the family | 4510 |
member may not authorize other unlicensed in-home care workers to | 4511 |
provide the care. In making such a determination, the board shall | 4512 |
use appropriately licensed health care professionals and shall | 4513 |
provide the family member an opportunity to file a complaint under | 4514 |
section 5126.06 of the Revised Code. | 4515 |
Section 2. That existing sections 1.64, 2133.211, 2151.3515 | 4516 |
2305.113, 2925.61, 3701.92, 3727.06, 3729.05, 4123.01, 4123.026, | 4517 |
4123.46, 4503.44, 4723.01, 4723.06, 4723.07, 4723.18, 4723.181, | 4518 |
4723.48, 4723.482, 4723.50, 4729.01, 4730.01, 4730.02, 4730.03, | 4519 |
4730.04, 4730.06, 4730.08, 4730.091, 4730.10, 4730.101, 4730.11, | 4520 |
4730.12, 4730.13, 4730.14, 4730.19, 4730.21, 4730.22, 4730.25, | 4521 |
4730.251, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.38, | 4522 |
4730.39, 4730.41, 4730.42, 4730.43, 4730.431, 4730.49, 4730.51, | 4523 |
4730.53, 4731.07, 4761.01, 4761.17, 4765.01, 4765.51, 5122.11, | 4524 |
5122.111, and 5123.47 and sections 4730.081, 4730.09, 4730.15, | 4525 |
4730.16, 4730.17, 4730.18, 4730.20, 4730.44, 4730.45, 4730.46, | 4526 |
4730.47, 4730.48, 4730.50, and 4730.52 of the Revised Code are | 4527 |
hereby repealed. | 4528 |
Section 3. That the versions of sections 4730.25 and 4730.53 | 4529 |
of the Revised Code that are scheduled to take effect April 1, | 4530 |
2015, be amended to read as follows: | 4531 |
Sec. 4730.25. (A) The state medical board, by an affirmative | 4532 |
vote of not fewer than six members, may revoke or may refuse to | 4533 |
grant a | 4534 |
4535 | |
have committed fraud, misrepresentation, or deception in applying | 4536 |
for or securing the | 4537 |
(B) The board, by an affirmative vote of not fewer than six | 4538 |
members, shall, to the extent permitted by law, limit, revoke, or | 4539 |
suspend an individual's | 4540 |
physician assistant or | 4541 |
refuse to issue a
| 4542 |
reinstate a | 4543 |
probation the holder of a | 4544 |
following reasons: | 4545 |
(1) Failure to practice in accordance with the | 4546 |
4547 | |
the physician assistant | 4548 |
4549 | |
4550 | |
4551 | |
including, if applicable, the policies of the health care facility | 4552 |
in which the supervising physician and physician assistant are | 4553 |
practicing; | 4554 |
(2) Failure to comply with the requirements of this chapter, | 4555 |
Chapter 4731. of the Revised Code, or any rules adopted by the | 4556 |
board; | 4557 |
(3) Violating or attempting to violate, directly or | 4558 |
indirectly, or assisting in or abetting the violation of, or | 4559 |
conspiring to violate, any provision of this chapter, Chapter | 4560 |
4731. of the Revised Code, or the rules adopted by the board; | 4561 |
(4) Inability to practice according to acceptable and | 4562 |
prevailing standards of care by reason of mental illness or | 4563 |
physical illness, including physical deterioration that adversely | 4564 |
affects cognitive, motor, or perceptive skills; | 4565 |
(5) Impairment of ability to practice according to acceptable | 4566 |
and prevailing standards of care because of habitual or excessive | 4567 |
use or abuse of drugs, alcohol, or other substances that impair | 4568 |
ability to practice; | 4569 |
(6) Administering drugs for purposes other than those | 4570 |
authorized under this chapter; | 4571 |
(7) Willfully betraying a professional confidence; | 4572 |
(8) Making a false, fraudulent, deceptive, or misleading | 4573 |
statement in soliciting or advertising for employment as a | 4574 |
physician assistant; in connection with any solicitation or | 4575 |
advertisement for patients; in relation to the practice of | 4576 |
medicine as it pertains to physician assistants; or in securing or | 4577 |
attempting to secure a | 4578 |
physician assistant | 4579 |
4580 |
As used in this division, "false, fraudulent, deceptive, or | 4581 |
misleading statement" means a statement that includes a | 4582 |
misrepresentation of fact, is likely to mislead or deceive because | 4583 |
of a failure to disclose material facts, is intended or is likely | 4584 |
to create false or unjustified expectations of favorable results, | 4585 |
or includes representations or implications that in reasonable | 4586 |
probability will cause an ordinarily prudent person to | 4587 |
misunderstand or be deceived. | 4588 |
(9) Representing, with the purpose of obtaining compensation | 4589 |
or other advantage personally or for any other person, that an | 4590 |
incurable disease or injury, or other incurable condition, can be | 4591 |
permanently cured; | 4592 |
(10) The obtaining of, or attempting to obtain, money or | 4593 |
anything of value by fraudulent misrepresentations in the course | 4594 |
of practice; | 4595 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 4596 |
a judicial finding of eligibility for intervention in lieu of | 4597 |
conviction for, a felony; | 4598 |
(12) Commission of an act that constitutes a felony in this | 4599 |
state, regardless of the jurisdiction in which the act was | 4600 |
committed; | 4601 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 4602 |
a judicial finding of eligibility for intervention in lieu of | 4603 |
conviction for, a misdemeanor committed in the course of practice; | 4604 |
(14) A plea of guilty to, a judicial finding of guilt of, or | 4605 |
a judicial finding of eligibility for intervention in lieu of | 4606 |
conviction for, a misdemeanor involving moral turpitude; | 4607 |
(15) Commission of an act in the course of practice that | 4608 |
constitutes a misdemeanor in this state, regardless of the | 4609 |
jurisdiction in which the act was committed; | 4610 |
(16) Commission of an act involving moral turpitude that | 4611 |
constitutes a misdemeanor in this state, regardless of the | 4612 |
jurisdiction in which the act was committed; | 4613 |
(17) A plea of guilty to, a judicial finding of guilt of, or | 4614 |
a judicial finding of eligibility for intervention in lieu of | 4615 |
conviction for violating any state or federal law regulating the | 4616 |
possession, distribution, or use of any drug, including | 4617 |
trafficking in drugs; | 4618 |
(18) Any of the following actions taken by the state agency | 4619 |
responsible for regulating the practice of physician assistants in | 4620 |
another state, for any reason other than the nonpayment of fees: | 4621 |
the limitation, revocation, or suspension of an individual's | 4622 |
license to practice; acceptance of an individual's license | 4623 |
surrender; denial of a license; refusal to renew or reinstate a | 4624 |
license; imposition of probation; or issuance of an order of | 4625 |
censure or other reprimand; | 4626 |
(19) A departure from, or failure to conform to, minimal | 4627 |
standards of care of similar physician assistants under the same | 4628 |
or similar circumstances, regardless of whether actual injury to a | 4629 |
patient is established; | 4630 |
(20) Violation of the conditions placed by the board on a | 4631 |
4632 | |
4633 | |
4634 |
(21) Failure to use universal blood and body fluid | 4635 |
precautions established by rules adopted under section 4731.051 of | 4636 |
the Revised Code; | 4637 |
(22) Failure to cooperate in an investigation conducted by | 4638 |
the board under section 4730.26 of the Revised Code, including | 4639 |
failure to comply with a subpoena or order issued by the board or | 4640 |
failure to answer truthfully a question presented by the board at | 4641 |
a deposition or in written interrogatories, except that failure to | 4642 |
cooperate with an investigation shall not constitute grounds for | 4643 |
discipline under this section if a court of competent jurisdiction | 4644 |
has issued an order that either quashes a subpoena or permits the | 4645 |
individual to withhold the testimony or evidence in issue; | 4646 |
(23) Assisting suicide, as defined in section 3795.01 of the | 4647 |
Revised Code; | 4648 |
(24) Prescribing any drug or device to perform or induce an | 4649 |
abortion, or otherwise performing or inducing an abortion; | 4650 |
(25) Failure to comply with section 4730.53 of the Revised | 4651 |
Code, unless the board no longer maintains a drug database | 4652 |
pursuant to section 4729.75 of the Revised Code; | 4653 |
| 4654 |
3719.061 of the Revised Code before issuing | 4655 |
prescription for a controlled substance containing an opioid; | 4656 |
(27) Having certification by the national commission on | 4657 |
certification of physician assistants or a successor organization | 4658 |
expire, lapse, or be suspended or revoked. | 4659 |
(C) Disciplinary actions taken by the board under divisions | 4660 |
(A) and (B) of this section shall be taken pursuant to an | 4661 |
adjudication under Chapter 119. of the Revised Code, except that | 4662 |
in lieu of an adjudication, the board may enter into a consent | 4663 |
agreement with a physician assistant or applicant to resolve an | 4664 |
allegation of a violation of this chapter or any rule adopted | 4665 |
under it. A consent agreement, when ratified by an affirmative | 4666 |
vote of not fewer than six members of the board, shall constitute | 4667 |
the findings and order of the board with respect to the matter | 4668 |
addressed in the agreement. If the board refuses to ratify a | 4669 |
consent agreement, the admissions and findings contained in the | 4670 |
consent agreement shall be of no force or effect. | 4671 |
(D) For purposes of divisions (B)(12), (15), and (16) of this | 4672 |
section, the commission of the act may be established by a finding | 4673 |
by the board, pursuant to an adjudication under Chapter 119. of | 4674 |
the Revised Code, that the applicant or | 4675 |
committed the act in question. The board shall have no | 4676 |
jurisdiction under these divisions in cases where the trial court | 4677 |
renders a final judgment in the | 4678 |
favor and that judgment is based upon an adjudication on the | 4679 |
merits. The board shall have jurisdiction under these divisions in | 4680 |
cases where the trial court issues an order of dismissal upon | 4681 |
technical or procedural grounds. | 4682 |
(E) The sealing of conviction records by any court shall have | 4683 |
no effect upon a prior board order entered under the provisions of | 4684 |
this section or upon the board's jurisdiction to take action under | 4685 |
the provisions of this section if, based upon a plea of guilty, a | 4686 |
judicial finding of guilt, or a judicial finding of eligibility | 4687 |
for intervention in lieu of conviction, the board issued a notice | 4688 |
of opportunity for a hearing prior to the court's order to seal | 4689 |
the records. The board shall not be required to seal, destroy, | 4690 |
redact, or otherwise modify its records to reflect the court's | 4691 |
sealing of conviction records. | 4692 |
(F) For purposes of this division, any individual who holds a | 4693 |
4694 | |
4695 | |
have given consent to submit to a mental or physical examination | 4696 |
when directed to do so in writing by the board and to have waived | 4697 |
all objections to the admissibility of testimony or examination | 4698 |
reports that constitute a privileged communication. | 4699 |
(1) In enforcing division (B)(4) of this section, the board, | 4700 |
upon a showing of a possible violation, may compel any individual | 4701 |
who holds a | 4702 |
has applied for a | 4703 |
submit to a mental examination, physical examination, including an | 4704 |
HIV test, or both a mental and physical examination. The expense | 4705 |
of the examination is the responsibility of the individual | 4706 |
compelled to be examined. Failure to submit to a mental or | 4707 |
physical examination or consent to an HIV test ordered by the | 4708 |
board constitutes an admission of the allegations against the | 4709 |
individual unless the failure is due to circumstances beyond the | 4710 |
individual's control, and a default and final order may be entered | 4711 |
without the taking of testimony or presentation of evidence. If | 4712 |
the board finds a physician assistant unable to practice because | 4713 |
of the reasons set forth in division (B)(4) of this section, the | 4714 |
board shall require the physician assistant to submit to care, | 4715 |
counseling, or treatment by physicians approved or designated by | 4716 |
the board, as a condition for an initial, continued, reinstated, | 4717 |
or renewed
| 4718 |
division shall be afforded an opportunity to demonstrate to the | 4719 |
board the ability to resume practicing in compliance with | 4720 |
acceptable and prevailing standards of care. | 4721 |
(2) For purposes of division (B)(5) of this section, if the | 4722 |
board has reason to believe that any individual who holds a | 4723 |
4724 | |
a
| 4725 |
compel the individual to submit to a mental or physical | 4726 |
examination, or both. The expense of the examination is the | 4727 |
responsibility of the individual compelled to be examined. Any | 4728 |
mental or physical examination required under this division shall | 4729 |
be undertaken by a treatment provider or physician qualified to | 4730 |
conduct such examination and chosen by the board. | 4731 |
Failure to submit to a mental or physical examination ordered | 4732 |
by the board constitutes an admission of the allegations against | 4733 |
the individual unless the failure is due to circumstances beyond | 4734 |
the individual's control, and a default and final order may be | 4735 |
entered without the taking of testimony or presentation of | 4736 |
evidence. If the board determines that the individual's ability to | 4737 |
practice is impaired, the board shall suspend the individual's | 4738 |
4739 | |
require the individual, as a condition for initial, continued, | 4740 |
reinstated, or renewed | 4741 |
authority to prescribe, to submit to treatment. | 4742 |
Before being eligible to apply for reinstatement of a | 4743 |
4744 | |
assistant shall demonstrate to the board the ability to resume | 4745 |
practice or prescribing in compliance with acceptable and | 4746 |
prevailing standards of care. The demonstration shall include the | 4747 |
following: | 4748 |
(a) Certification from a treatment provider approved under | 4749 |
section 4731.25 of the Revised Code that the individual has | 4750 |
successfully completed any required inpatient treatment; | 4751 |
(b) Evidence of continuing full compliance with an aftercare | 4752 |
contract or consent agreement; | 4753 |
(c) Two written reports indicating that the individual's | 4754 |
ability to practice has been assessed and that the individual has | 4755 |
been found capable of practicing according to acceptable and | 4756 |
prevailing standards of care. The reports shall be made by | 4757 |
individuals or providers approved by the board for making such | 4758 |
assessments and shall describe the basis for their determination. | 4759 |
The board may reinstate a | 4760 |
this division after such demonstration and after the individual | 4761 |
has entered into a written consent agreement. | 4762 |
When the impaired physician assistant resumes practice or | 4763 |
prescribing, the board shall require continued monitoring of the | 4764 |
physician assistant. The monitoring shall include compliance with | 4765 |
the written consent agreement entered into before reinstatement or | 4766 |
with conditions imposed by board order after a hearing, and, upon | 4767 |
termination of the consent agreement, submission to the board for | 4768 |
at least two years of annual written progress reports made under | 4769 |
penalty of falsification stating whether the physician assistant | 4770 |
has maintained sobriety. | 4771 |
(G) If the secretary and supervising member determine that | 4772 |
there is clear and convincing evidence that a physician assistant | 4773 |
has violated division (B) of this section and that the | 4774 |
individual's continued practice or prescribing presents a danger | 4775 |
of immediate and serious harm to the public, they may recommend | 4776 |
that the board suspend the individual's | 4777 |
practice or authority to prescribe without a prior hearing. | 4778 |
Written allegations shall be prepared for consideration by the | 4779 |
board. | 4780 |
The board, upon review of those allegations and by an | 4781 |
affirmative vote of not fewer than six of its members, excluding | 4782 |
the secretary and supervising member, may suspend a | 4783 |
license without a prior hearing. A telephone conference call may | 4784 |
be utilized for reviewing the allegations and taking the vote on | 4785 |
the summary suspension. | 4786 |
The board shall issue a written order of suspension by | 4787 |
certified mail or in person in accordance with section 119.07 of | 4788 |
the Revised Code. The order shall not be subject to suspension by | 4789 |
the court during pendency of any appeal filed under section 119.12 | 4790 |
of the Revised Code. If the physician assistant requests an | 4791 |
adjudicatory hearing by the board, the date set for the hearing | 4792 |
shall be within fifteen days, but not earlier than seven days, | 4793 |
after the physician assistant requests the hearing, unless | 4794 |
otherwise agreed to by both the board and the | 4795 |
holder. | 4796 |
A summary suspension imposed under this division shall remain | 4797 |
in effect, unless reversed on appeal, until a final adjudicative | 4798 |
order issued by the board pursuant to this section and Chapter | 4799 |
119. of the Revised Code becomes effective. The board shall issue | 4800 |
its final adjudicative order within sixty days after completion of | 4801 |
its hearing. Failure to issue the order within sixty days shall | 4802 |
result in dissolution of the summary suspension order, but shall | 4803 |
not invalidate any subsequent, final adjudicative order. | 4804 |
(H) If the board takes action under division (B)(11), (13), | 4805 |
or (14) of this section, and the judicial finding of guilt, guilty | 4806 |
plea, or judicial finding of eligibility for intervention in lieu | 4807 |
of conviction is overturned on appeal, upon exhaustion of the | 4808 |
criminal appeal, a petition for reconsideration of the order may | 4809 |
be filed with the board along with appropriate court documents. | 4810 |
Upon receipt of a petition and supporting court documents, the | 4811 |
board shall reinstate the | 4812 |
4813 | |
119. of the Revised Code to determine whether the individual | 4814 |
committed the act in question. Notice of opportunity for hearing | 4815 |
shall be given in accordance with Chapter 119. of the Revised | 4816 |
Code. If the board finds, pursuant to an adjudication held under | 4817 |
this division, that the individual committed the act, or if no | 4818 |
hearing is requested, it may order any of the sanctions identified | 4819 |
under division (B) of this section. | 4820 |
(I) The | 4821 |
assistant and the physician assistant's practice in this state are | 4822 |
automatically suspended as of the date the physician assistant | 4823 |
pleads guilty to, is found by a judge or jury to be guilty of, or | 4824 |
is subject to a judicial finding of eligibility for intervention | 4825 |
in lieu of conviction in this state or treatment or intervention | 4826 |
in lieu of conviction in another state for any of the following | 4827 |
criminal offenses in this state or a substantially equivalent | 4828 |
criminal offense in another jurisdiction: aggravated murder, | 4829 |
murder, voluntary manslaughter, felonious assault, kidnapping, | 4830 |
rape, sexual battery, gross sexual imposition, aggravated arson, | 4831 |
aggravated robbery, or aggravated burglary. Continued practice | 4832 |
after the suspension shall be considered practicing without a | 4833 |
4834 |
The board shall notify the individual subject to the | 4835 |
suspension by certified mail or in person in accordance with | 4836 |
section 119.07 of the Revised Code. If an individual whose | 4837 |
4838 | |
a timely request for an adjudication under Chapter 119. of the | 4839 |
Revised Code, the board shall enter a final order permanently | 4840 |
revoking the individual's | 4841 |
(J) In any instance in which the board is required by Chapter | 4842 |
119. of the Revised Code to give notice of opportunity for hearing | 4843 |
and the individual subject to the notice does not timely request a | 4844 |
hearing in accordance with section 119.07 of the Revised Code, the | 4845 |
board is not required to hold a hearing, but may adopt, by an | 4846 |
affirmative vote of not fewer than six of its members, a final | 4847 |
order that contains the board's findings. In that final order, the | 4848 |
board may order any of the sanctions identified under division (A) | 4849 |
or (B) of this section. | 4850 |
(K) Any action taken by the board under division (B) of this | 4851 |
section resulting in a suspension shall be accompanied by a | 4852 |
written statement of the conditions under which the physician | 4853 |
assistant's | 4854 |
adopt rules in accordance with Chapter 119. of the Revised Code | 4855 |
governing conditions to be imposed for reinstatement. | 4856 |
Reinstatement of a | 4857 |
division (B) of this section requires an affirmative vote of not | 4858 |
fewer than six members of the board. | 4859 |
(L) When the board refuses to grant to an applicant a | 4860 |
4861 | |
4862 | |
license, refuses to issue a | 4863 |
reinstate an individual's
| 4864 |
specify that its action is permanent. An individual subject to a | 4865 |
permanent action taken by the board is forever thereafter | 4866 |
ineligible to hold the | 4867 |
accept an application for reinstatement of the
| 4868 |
license or for issuance of a new | 4869 |
(M) Notwithstanding any other provision of the Revised Code, | 4870 |
all of the following apply: | 4871 |
(1) The surrender of a | 4872 |
chapter is not effective unless or until accepted by the board. | 4873 |
Reinstatement of a | 4874 |
requires an affirmative vote of not fewer than six members of the | 4875 |
board. | 4876 |
(2) An application made under this chapter for a | 4877 |
4878 | |
4879 | |
approval of the board. | 4880 |
(3) Failure by an individual to renew a | 4881 |
in accordance with section 4730.14 | 4882 |
Revised Code shall not remove or limit the board's jurisdiction to | 4883 |
take disciplinary action under this section against the | 4884 |
individual. | 4885 |
Sec. 4730.53. (A) As used in this section, "drug database" | 4886 |
means the database established and maintained by the state board | 4887 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 4888 |
(B) Except as provided in divisions (C) and (E) of this | 4889 |
section, a physician assistant | 4890 |
4891 | |
physician-delegated prescriptive authority shall comply with all | 4892 |
of the following as conditions of prescribing a drug that is | 4893 |
either an opioid analgesic or a benzodiazepine as part of a | 4894 |
patient's course of treatment for a particular condition: | 4895 |
(1) Before initially prescribing the drug, the physician | 4896 |
assistant or the physician assistant's delegate shall request from | 4897 |
the drug database a report of information related to the patient | 4898 |
that covers at least the twelve months immediately preceding the | 4899 |
date of the request. If the physician assistant practices | 4900 |
primarily in a county of this state that adjoins another state, | 4901 |
the physician assistant or delegate also shall request a report of | 4902 |
any information available in the drug database that pertains to | 4903 |
prescriptions issued or drugs furnished to the patient in the | 4904 |
state adjoining that county. | 4905 |
(2) If the patient's course of treatment for the condition | 4906 |
continues for more than ninety days after the initial report is | 4907 |
requested, the physician assistant or delegate shall make periodic | 4908 |
requests for reports of information from the drug database until | 4909 |
the course of treatment has ended. The requests shall be made at | 4910 |
intervals not exceeding ninety days, determined according to the | 4911 |
date the initial request was made. The request shall be made in | 4912 |
the same manner provided in division (B)(1) of this section for | 4913 |
requesting the initial report of information from the drug | 4914 |
database. | 4915 |
(3) On receipt of a report under division (B)(1) or (2) of | 4916 |
this section, the physician assistant shall assess the information | 4917 |
in the report. The physician assistant shall document in the | 4918 |
patient's record that the report was received and the information | 4919 |
was assessed. | 4920 |
(C) Division (B) of this section does not apply in any of the | 4921 |
following circumstances: | 4922 |
(1) A drug database report regarding the patient is not | 4923 |
available, in which case the physician assistant shall document in | 4924 |
the patient's record the reason that the report is not available. | 4925 |
(2) The drug is prescribed in an amount indicated for a | 4926 |
period not to exceed seven days. | 4927 |
(3) The drug is prescribed for the treatment of cancer or | 4928 |
another condition associated with cancer. | 4929 |
(4) The drug is prescribed to a hospice patient in a hospice | 4930 |
care program, as those terms are defined in section 3712.01 of the | 4931 |
Revised Code, or any other patient diagnosed as terminally ill. | 4932 |
(5) The drug is prescribed for administration in a hospital, | 4933 |
nursing home, or residential care facility. | 4934 |
(D) With respect to prescribing any drug that is not an | 4935 |
opioid analgesic or a benzodiazepine but is included in the drug | 4936 |
database pursuant to rules adopted under section 4729.84 of the | 4937 |
Revised Code, the state medical board shall adopt rules that | 4938 |
establish standards and procedures to be followed by a physician | 4939 |
assistant | 4940 |
under this chapter who has been granted physician-delegated | 4941 |
prescriptive authority regarding the review of patient information | 4942 |
available through the drug database under division (A)(5) of | 4943 |
section 4729.80 of the Revised Code. The rules shall be adopted in | 4944 |
accordance with Chapter 119. of the Revised Code. | 4945 |
(E) This section and the rules adopted under it do not apply | 4946 |
if the state board of pharmacy no longer maintains the drug | 4947 |
database. | 4948 |
Section 4. That the existing versions of sections 4730.25 and | 4949 |
4730.53 of the Revised Code that are scheduled to take effect | 4950 |
April 1, 2015, are hereby repealed. | 4951 |
Section 5. Sections 3 and 4 of this act shall take effect | 4952 |
April 1, 2015. | 4953 |
Section 6. (A) The State Medical Board may continue to issue | 4954 |
certificates to practice and certificates to prescribe pursuant to | 4955 |
Chapter 4730. of the Revised Code for not longer than ninety days | 4956 |
after the effective date of this act. Thereafter, the Board shall | 4957 |
issue physician assistant licenses in compliance with this act. | 4958 |
(B) Certificates to practice and certificates to prescribe | 4959 |
issued pursuant to division (A) of this section or Chapter 4730. | 4960 |
of the Revised Code, as it existed immediately prior to the | 4961 |
effective date of this act, shall satisfy the requirements for | 4962 |
physician assistant licenses, as created by this act, until the | 4963 |
thirty-first day of January of the first even-numbered year | 4964 |
following the effective date of this act. | 4965 |
Section 7. Section 4730.25 of the Revised Code is presented | 4966 |
in Section 4 of this act as a composite of the section as amended | 4967 |
by Sub. H.B. 314, Am. Sub. H.B. 341, and Am. Sub. H.B. 483, all of | 4968 |
the 130th General Assembly. The General Assembly, applying the | 4969 |
principle stated in division (B) of section 1.52 of the Revised | 4970 |
Code that amendments are to be harmonized if reasonably capable of | 4971 |
simultaneous operation, finds that the composite is the resulting | 4972 |
version of the section in effect prior to the effective date of | 4973 |
the section as presented in this act. | 4974 |