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To amend sections 4730.09, 4761.01, 4761.03, 4761.04, | 1 |
4761.05, 4761.06, 4761.07, 4761.09, and 4761.17 of | 2 |
the Revised Code to make changes to the law | 3 |
governing respiratory care professionals. | 4 |
Section 1. That sections 4730.09, 4761.01, 4761.03, 4761.04, | 5 |
4761.05, 4761.06, 4761.07, 4761.09, and 4761.17 of the Revised | 6 |
Code be amended to read as follows: | 7 |
Sec. 4730.09. (A) Under a physician supervisory plan approved | 8 |
under section 4730.17 of the Revised Code, a physician assistant | 9 |
may provide any or all of the following services without approval | 10 |
by the state medical board as special services: | 11 |
(1) Obtaining comprehensive patient histories; | 12 |
(2) Performing physical examinations, including audiometry | 13 |
screening, routine visual screening, and pelvic, rectal, and | 14 |
genital-urinary examinations, when indicated; | 15 |
(3) Ordering, performing, or ordering and performing routine | 16 |
diagnostic procedures, as indicated; | 17 |
(4) Identifying normal and abnormal findings on histories, | 18 |
physical examinations, and commonly performed diagnostic studies; | 19 |
(5) Assessing patients and developing and implementing | 20 |
treatment plans for patients; | 21 |
(6) Monitoring the effectiveness of therapeutic | 22 |
interventions; | 23 |
(7) Exercising physician-delegated prescriptive authority | 24 |
pursuant to a certificate to prescribe issued under this chapter; | 25 |
(8) Carrying out or relaying the supervising physician's | 26 |
orders for the administration of medication, to the extent | 27 |
permitted by law; | 28 |
(9) Providing patient education; | 29 |
(10) Instituting and changing orders on patient charts; | 30 |
(11) Performing developmental screening examinations on | 31 |
children with regard to neurological, motor, and mental functions; | 32 |
(12) Performing wound care management, suturing minor | 33 |
lacerations and removing the sutures, and incision and drainage of | 34 |
uncomplicated superficial abscesses; | 35 |
(13) Removing superficial foreign bodies; | 36 |
(14) Administering intravenous fluids; | 37 |
(15) Inserting a foley or cudae catheter into the urinary | 38 |
bladder and removing the catheter; | 39 |
(16) Performing biopsies of superficial lesions; | 40 |
(17) Making appropriate referrals as directed by the | 41 |
supervising physician; | 42 |
(18) Performing penile duplex ultrasound; | 43 |
(19) Changing of a tracheostomy; | 44 |
(20) Performing bone marrow aspirations from the posterior | 45 |
iliac crest; | 46 |
(21) Performing bone marrow biopsies from the posterior iliac | 47 |
crest; | 48 |
(22) Performing cystograms; | 49 |
(23) Performing nephrostograms after physician placement of | 50 |
nephrostomy tubes; | 51 |
(24) Fitting, inserting, or removing birth control devices; | 52 |
(25) Removing cervical polyps; | 53 |
(26) Performing nerve conduction testing; | 54 |
(27) Performing endometrial biopsies; | 55 |
(28) Inserting filiform and follower catheters; | 56 |
(29) Performing arthrocentesis of the knee; | 57 |
(30) Performing knee joint injections; | 58 |
(31) Performing endotracheal intubation with successful | 59 |
completion of an advanced cardiac life support course; | 60 |
(32) Performing lumbar punctures; | 61 |
(33) In accordance with rules adopted by the board, using | 62 |
light-based medical devices for the purpose of hair removal; | 63 |
(34) Administering, monitoring, or maintaining local | 64 |
anesthesia, as defined in section 4730.091 of the Revised Code; | 65 |
(35) Applying or removing a cast or splint; | 66 |
(36) Inserting or removing chest tubes; | 67 |
(37) Prescribing physical therapy or referring a patient to a | 68 |
physical therapist for the purpose of receiving physical therapy; | 69 |
(38) Ordering occupational therapy or referring a patient to | 70 |
an occupational therapist for the purpose of receiving | 71 |
occupational therapy; | 72 |
(39) Prescribing or ordering respiratory care or referring a | 73 |
patient to a respiratory care professional for the purpose of | 74 |
receiving respiratory care; | 75 |
(40) Taking any action that may be taken by an attending | 76 |
physician under sections 2133.21 to 2133.26 of the Revised Code, | 77 |
as specified in section 2133.211 of the Revised Code; | 78 |
| 79 |
section 4730.092 of the Revised Code; | 80 |
| 81 |
section 3727.06 of the Revised Code; | 82 |
| 83 |
supervising physician's normal course of practice and expertise, | 84 |
if the services are included in any model physician supervisory | 85 |
plan approved under section 4730.06 of the Revised Code or the | 86 |
services are designated by the board by rule or other means as | 87 |
services that are not subject to approval as special services. | 88 |
(B) Under the policies of a health care facility, the | 89 |
services a physician assistant may provide are limited to the | 90 |
services the facility has authorized the physician assistant to | 91 |
provide for the facility. The services a health care facility may | 92 |
authorize a physician assistant to provide for the facility | 93 |
include the following: | 94 |
(1) Any or all of the services specified in division (A) of | 95 |
this section; | 96 |
(2) Assisting in surgery in the health care facility; | 97 |
(3) Any other services permitted by the policies of the | 98 |
health care facility, except that the facility may not authorize a | 99 |
physician assistant to perform a service that is prohibited by | 100 |
this chapter. | 101 |
Sec. 4761.01. As used in this chapter: | 102 |
(A) "Respiratory care" means rendering or offering to render | 103 |
to individuals, groups, organizations, or the public any service | 104 |
involving the evaluation of cardiopulmonary function, the | 105 |
treatment of cardiopulmonary impairment, the assessment of | 106 |
treatment effectiveness, and the care of patients with | 107 |
deficiencies and abnormalities associated with the cardiopulmonary | 108 |
system. The practice of respiratory care includes: | 109 |
(1) Obtaining, analyzing, testing, measuring, and monitoring | 110 |
blood and gas samples in the determination of cardiopulmonary | 111 |
parameters and related physiologic data, including flows, | 112 |
pressures, and volumes, and the use of equipment employed for this | 113 |
purpose; | 114 |
(2) Administering, monitoring, recording the results of, and | 115 |
instructing in the use of medical gases, aerosols, and | 116 |
bronchopulmonary hygiene techniques, including drainage, | 117 |
aspiration, and sampling, and applying, maintaining, and | 118 |
instructing in the use of artificial airways, ventilators, and | 119 |
other life support equipment employed in the treatment of | 120 |
cardiopulmonary impairment and provided in collaboration with | 121 |
other licensed health care professionals responsible for providing | 122 |
care; | 123 |
(3) Performing cardiopulmonary resuscitation and respiratory | 124 |
rehabilitation techniques; | 125 |
(4) Administering medications for the testing or treatment of | 126 |
cardiopulmonary impairment. | 127 |
(B) "Respiratory care professional" means a person who is | 128 |
licensed under this chapter to practice the full range of | 129 |
respiratory care services as defined in division (A) of this | 130 |
section. | 131 |
(C) "Physician" means an individual authorized under Chapter | 132 |
4731. of the Revised Code to practice medicine and surgery or | 133 |
osteopathic medicine and surgery. | 134 |
(D) "Registered nurse" means an individual licensed under | 135 |
Chapter 4723. of the Revised Code to engage in the practice of | 136 |
nursing as a registered nurse. | 137 |
(E) "Hospital" means a facility that meets the operating | 138 |
standards of section 3727.02 of the Revised Code. | 139 |
(F) "Nursing facility" has the same meaning as in section | 140 |
5165.01 of the Revised Code. | 141 |
(G) "Nursing home" has the same meaning as in section 3721.01 | 142 |
of the Revised Code. | 143 |
(H) "Dangerous drug" has the same meaning as in section | 144 |
4729.01 of the Revised Code. | 145 |
(I) "Certified hyperbaric technologist" means a person who | 146 |
administers hyperbaric oxygen therapy and is certified as a | 147 |
hyperbaric technologist by the national board of diving and | 148 |
hyperbaric medical technology or its successor organization. | 149 |
| 150 |
of pure oxygen in a pressurized room or chamber, except that it | 151 |
does not include ventilator management. | 152 |
| 153 |
meaning as in section 4723.01 of the Revised Code. | 154 |
| 155 |
valid certificate to practice issued under Chapter 4730. of the | 156 |
Revised Code authorizing the individual to provide services as a | 157 |
physician assistant to patients under the supervision, control, | 158 |
and direction of one or more physicians. | 159 |
Sec. 4761.03. The Ohio respiratory care board shall regulate | 160 |
the practice of respiratory care in this state and the persons to | 161 |
whom the board issues licenses and limited permits under this | 162 |
chapter and shall license and register home medical equipment | 163 |
services providers under Chapter 4752. of the Revised Code. Rules | 164 |
adopted under this chapter that deal with the provision of | 165 |
respiratory care in a hospital, other than rules regulating the | 166 |
issuance of licenses or limited permits, shall be consistent with | 167 |
the conditions for participation under medicare, Title XVIII of | 168 |
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 169 |
as amended, and with the respiratory care accreditation standards | 170 |
of the joint commission | 171 |
172 |
(A) The board shall | 173 |
| 174 |
accordance with Chapter 119. of the Revised Code to carry out the | 175 |
purposes of this chapter, including rules prescribing: | 176 |
(1) The form and manner for filing applications for licensure | 177 |
and renewal, limited permits, and limited permit extensions under | 178 |
sections 4761.05 and 4761.06 of the Revised Code; | 179 |
(2) The form, scoring, and scheduling of examinations and | 180 |
reexaminations administered by the board for licensure | 181 |
license renewal, and license reinstatement or standards for the | 182 |
board's recognition of examinations administered by state or | 183 |
national organizations; | 184 |
(3) Standards for the approval of educational programs | 185 |
required to qualify for licensure and continuing education | 186 |
programs required for license renewal; | 187 |
(4) Continuing education courses and the number of hour | 188 |
requirements necessary for license renewal, in accordance with | 189 |
section 4761.06 of the Revised Code; | 190 |
(5) Procedures for the issuance and renewal of licenses and | 191 |
limited permits, including the duties that may be fulfilled by the | 192 |
board's executive director and other board employees; | 193 |
(6) Procedures for the denial, suspension, permanent | 194 |
revocation, refusal to renew, and reinstatement of licenses and | 195 |
limited permits, the conduct of hearings, and the imposition of | 196 |
fines for engaging in conduct that is grounds for such action and | 197 |
hearings under section 4761.09 of the Revised Code; | 198 |
(7) Standards of ethical conduct for the practice of | 199 |
respiratory care; | 200 |
(8) Conditions under which the license renewal fee and | 201 |
continuing education requirements may be waived at the request of | 202 |
a licensee who is not in active practice; | 203 |
(9) The respiratory care tasks that may be performed by an | 204 |
individual practicing as a polysomnographic technologist pursuant | 205 |
to division (B)(3) of section 4761.10 of the Revised Code; | 206 |
(10) Procedures for registering out-of-state respiratory care | 207 |
providers authorized to practice in this state under division | 208 |
(A)(4) of section 4761.11 of the Revised Code; | 209 |
(11) Requirements for criminal records checks of applicants | 210 |
under section 4776.03 of the Revised Code; | 211 |
(12) Procedures for accepting and storing copies of | 212 |
hyperbaric technologist certifications filed with the board | 213 |
pursuant to division (A)(11) of section 4761.11 of the Revised | 214 |
Code; | 215 |
(13) Standards to be followed by a hospital or nursing home | 216 |
in developing a protocol for purposes of section 4761.17 of the | 217 |
Revised Code; | 218 |
(14) Conditions that must be met to be considered in good | 219 |
standing in a board-approved respiratory care educational program. | 220 |
(B) | 221 |
applicant's qualifications for admission to the licensing | 222 |
examination or a reexamination, and for the issuance or renewal of | 223 |
a license or limited permit | 224 |
(C) | 225 |
educational programs that are acceptable for fulfilling the | 226 |
requirements of division (A) of section 4761.04 of the Revised | 227 |
Code | 228 |
(D) | 229 |
the licensing examination or any reexamination for license renewal | 230 |
or reinstatement or, for use as the licensing examination or any | 231 |
reexamination for license renewal or reinstatement, recognize one | 232 |
or more examinations that meet the standards prescribed by the | 233 |
board in rules adopted under this section and are administered by | 234 |
state or national organizations. | 235 |
administers the licensing | 236 |
administered at least twice a year and the board shall notify | 237 |
applicants of the time and place of the examinations. | 238 |
(E) | 239 |
concerning alleged violations of section 4761.10 of the Revised | 240 |
Code or grounds for the suspension, permanent revocation, or | 241 |
refusal to issue licenses or limited permits under section 3123.47 | 242 |
or 4761.09 of the Revised Code. The board shall employ | 243 |
investigators who shall, under the direction of the executive | 244 |
director of the board, investigate complaints and make inspections | 245 |
and other inquiries as, in the judgment of the board, are | 246 |
appropriate to enforce sections 3123.41 to 3123.50, 4761.09, and | 247 |
4761.10 of the Revised Code. Pursuant to an investigation and | 248 |
inspection, the investigators may review and audit records during | 249 |
normal business hours at the place of business of a licensee or | 250 |
person who is the subject of a complaint filed with the board or | 251 |
at any place where the records are kept. | 252 |
Except when required by court order, the board and its | 253 |
employees shall not disclose confidential information obtained | 254 |
during an investigation or identifying information about any | 255 |
person who files a complaint with the board. | 256 |
The board may hear testimony in matters relating to the | 257 |
duties imposed upon it and issue subpoenas pursuant to an | 258 |
investigation. The president and secretary of the board may | 259 |
administer oaths. | 260 |
(F) | 261 |
its proceedings, and do other things as are necessary and proper | 262 |
to carry out and enforce the provisions of this chapter | 263 |
(G) | 264 |
available upon request, for a fee not to exceed the actual cost of | 265 |
printing and mailing: | 266 |
(1) The requirements for the issuance of licenses and limited | 267 |
permits under this chapter and rules adopted by the board; | 268 |
(2) A current register of every person licensed to practice | 269 |
respiratory care in this state, to include the addresses of the | 270 |
person's last known place of business and residence, the effective | 271 |
date and identification number of the license, the name and | 272 |
location of the institution that granted the person's degree or | 273 |
certificate of completion of respiratory care educational | 274 |
requirements, and the date the degree or certificate was issued; | 275 |
(3) A list of the names and locations of the institutions | 276 |
that each year granted degrees or certificates of completion in | 277 |
respiratory care; | 278 |
(4) After the administration of each examination, a list of | 279 |
persons who passed the examination. | 280 |
(H) | 281 |
general assembly each year a report of all of its official actions | 282 |
during the preceding year, together with any findings and | 283 |
recommendations with regard to the improvement of the profession | 284 |
of respiratory care | 285 |
(I) | 286 |
4752. of the Revised Code. | 287 |
Sec. 4761.04. (A) Except as provided in division (B) of this | 288 |
section, no person is eligible for licensure as a respiratory care | 289 |
professional unless the person has shown, to the satisfaction of | 290 |
the Ohio respiratory care board, all of the following: | 291 |
(1) That the person is of good moral character; | 292 |
(2) That the person has successfully completed the | 293 |
requirements of an educational program approved by the board that | 294 |
includes instruction in the biological and physical sciences, | 295 |
pharmacology, respiratory care theory, procedures, and clinical | 296 |
practice, and cardiopulmonary rehabilitation techniques; | 297 |
(3) That the person has passed an examination administered by | 298 |
the board that tests the applicant's knowledge of the basic and | 299 |
clinical sciences relating to respiratory care theory and | 300 |
practice, professional skills and judgment in the utilization of | 301 |
respiratory care techniques, and such other subjects as the board | 302 |
considers useful in determining fitness to practice. | 303 |
(B) The board may waive the requirements of division (A) of | 304 |
this section with respect to any applicant who presents proof of | 305 |
current licensure in another state whose standards for licensure | 306 |
are at least equal to those in effect in this state on the date of | 307 |
application. The board may waive the requirements of divisions | 308 |
(A)(2) and (3) of this section with respect to any applicant who | 309 |
presents proof of having successfully completed | 310 |
examination administered by a state or national organization | 311 |
recognized by the board as | 312 |
requirements of division (A)(3) of this section and the standards | 313 |
for recognition prescribed by the board in rules adopted under | 314 |
section 4761.03 of the Revised Code. | 315 |
Sec. 4761.05. (A) The Ohio respiratory care board shall | 316 |
issue a license to any applicant who complies with the | 317 |
requirements of section 4761.04 of the Revised Code, files the | 318 |
prescribed application form, and pays the fee or fees required | 319 |
under section 4761.07 of the Revised Code. The license entitles | 320 |
the holder to practice respiratory care. The licensee shall | 321 |
display the license in a conspicuous place at the licensee's | 322 |
principal place of business. | 323 |
(B)(1) The board shall issue a limited permit to any | 324 |
applicant who meets the requirements of division (A)(1) of section | 325 |
4761.04 of the Revised Code, files the prescribed application | 326 |
form, pays the fee required under section 4761.07 of the Revised | 327 |
Code, and meets either of the following requirements: | 328 |
(a) Is enrolled in and | 329 |
the board in rules adopted under section 4761.03 of the Revised | 330 |
Code to be considered in good standing in a respiratory care | 331 |
educational program approved by the board that meets the | 332 |
requirements of division (A)(2) of section 4761.04 of the Revised | 333 |
Code leading to a degree or certificate of completion or is a | 334 |
graduate of the program; | 335 |
(b) Is employed as a provider of respiratory care in this | 336 |
state and was employed as a provider of respiratory care in this | 337 |
state prior to March 14, 1989. | 338 |
(2) The limited permit authorizes the holder to provide | 339 |
respiratory care under the supervision of a respiratory care | 340 |
professional. A person issued a limited permit under division | 341 |
(B)(1)(a) of this section may practice respiratory care under the | 342 |
limited permit | 343 |
following: | 344 |
(a) Three years after the date the limited permit is issued; | 345 |
(b) One year following the date of receipt of a certificate | 346 |
of completion from a board-approved respiratory care education | 347 |
program; | 348 |
(c) | 349 |
in | 350 |
(d) The date that the holder no longer meets the conditions | 351 |
prescribed by the board in rules adopted under section 4761.03 of | 352 |
the Revised Code to be considered in good standing in a | 353 |
board-approved respiratory care educational program. | 354 |
The board may extend the term of a limited permit in cases of | 355 |
unusual hardship. The holder seeking an extension shall petition | 356 |
the board in the form and manner prescribed by the board in rules | 357 |
adopted under section 4761.03 of the Revised Code. This division | 358 |
does not require a student enrolled in an educational program | 359 |
leading to a degree or certificate of completion in respiratory | 360 |
care approved by the board to obtain a limited permit to perform | 361 |
any duties that are part of the required course of study. | 362 |
(3) A person issued a limited permit under division (B)(1)(b) | 363 |
of this section may practice under a limited permit for not more | 364 |
than three years, except that this restriction does not apply to a | 365 |
permit holder who, on March 14, 1989, has been employed as a | 366 |
provider of respiratory care for an average of not less than | 367 |
twenty-five hours per week for a period of not less than five | 368 |
years by a hospital. | 369 |
(C) All holders of licenses and limited permits issued under | 370 |
this section shall display, in a conspicuous place on their | 371 |
persons, information that identifies the type of authorization | 372 |
under which they practice. | 373 |
Sec. 4761.06. (A) Each license to practice respiratory care | 374 |
shall be renewed biennially. Each limited permit to practice | 375 |
respiratory care shall be renewed annually. Each person holding a | 376 |
license or limited permit to practice respiratory care shall apply | 377 |
to the Ohio respiratory care board on the form and according to | 378 |
the schedule prescribed by the board for renewal of the license or | 379 |
limited permit. Licenses and limited permits shall be renewed in | 380 |
accordance with the standard renewal procedure of Chapter 4745. of | 381 |
the Revised Code. The board shall renew a license upon the payment | 382 |
of the license renewal fee prescribed under section 4761.07 of the | 383 |
Revised Code and proof of satisfactory completion of the | 384 |
continuing education or reexamination requirements of division (B) | 385 |
of this section. The board shall renew a limited permit upon | 386 |
payment of the limited permit renewal fee prescribed under section | 387 |
4761.07 of the Revised Code and submission of one of the | 388 |
following: | 389 |
(1) If the limited permit was issued on the basis of division | 390 |
(B)(1)(a) of section 4761.05 of the Revised Code, proof acceptable | 391 |
to the board of | 392 |
conditions prescribed by the board in rules adopted under section | 393 |
4761.03 of the Revised Code to be considered in good standing in | 394 |
an educational program that meets the requirements of division | 395 |
(A)(2) of section 4761.04 of the Revised Code or of graduation | 396 |
from such a program; | 397 |
(2) If the limited permit was issued on the basis of division | 398 |
(B)(1)(b) of section 4761.05 of the Revised Code, proof acceptable | 399 |
to the board of employment as a provider of respiratory care. | 400 |
(B) On and after March 14, 1991, and every year thereafter, | 401 |
on or before the annual renewal date, the holder of a limited | 402 |
permit issued under division (B)(1)(b) of section 4761.05 of the | 403 |
Revised Code shall submit proof to the board that the holder has | 404 |
satisfactorily completed the number of hours of continuing | 405 |
education required by the board, which shall not be less than | 406 |
three nor more than ten hours of continuing education acceptable | 407 |
to the board. | 408 |
On or before the biennial renewal date, a license holder | 409 |
shall submit proof to the board that the license holder has | 410 |
satisfactorily completed the number of hours of continuing | 411 |
education required by the board, which shall be not less than six | 412 |
nor more than twenty hours of continuing education acceptable to | 413 |
the board, or has passed a reexamination in accordance with the | 414 |
board's renewal requirements. The board may waive all or part of | 415 |
the continuing education requirement for a license holder who has | 416 |
held the license for less than two years. | 417 |
Sec. 4761.07. (A) | 418 |
(A)(2) of this section, the Ohio respiratory care board shall | 419 |
charge any license applicant or holder who is to take an | 420 |
examination required under division (A)(3) of section 4761.04 or a | 421 |
reexamination required under division (B) of section 4761.06 of | 422 |
the Revised Code for license renewal or under section 4761.09 of | 423 |
the Revised Code for license reinstatement, a nonrefundable | 424 |
examination fee, not to exceed the amount necessary to cover the | 425 |
expense of administering the examination. The license applicant or | 426 |
holder shall pay the fee at the time of application for licensure | 427 |
428 |
(2) The examination fees described in division (A)(1) of this | 429 |
section shall not be charged if the board recognizes for use as | 430 |
the licensing examination or the reexamination for license renewal | 431 |
or reinstatement one or more examinations that meet the standards | 432 |
prescribed by the board in rules adopted under section 4761.03 of | 433 |
the Revised Code and are administered by state or national | 434 |
organizations. | 435 |
(B) The board shall establish the following additional | 436 |
nonrefundable fees and penalty: | 437 |
(1) An initial license fee, not to exceed seventy-five | 438 |
dollars; | 439 |
(2) A biennial license renewal fee, not to exceed one hundred | 440 |
dollars; | 441 |
(3) A limited permit fee, not to exceed twenty dollars; | 442 |
(4) A limited permit renewal fee, not to exceed ten dollars; | 443 |
(5) A late renewal penalty, not to exceed fifty per cent of | 444 |
the renewal fee; | 445 |
(6) A fee for accepting and storing hyperbaric technologist | 446 |
certifications filed with the board under division (A)(11) of | 447 |
section 4761.11 of the Revised Code, not to exceed twenty dollars. | 448 |
(C) Notwithstanding division (B)(4) of this section, after | 449 |
the third renewal of a limited permit that meets the exception in | 450 |
division (B)(3) of section 4761.05 of the Revised Code, the | 451 |
limited permit renewal fee shall be one-half the amount of the | 452 |
biennial license renewal fee established under division (B)(2) of | 453 |
this section and section 4761.08 of the Revised Code. | 454 |
(D) The board shall adjust the fees biennially and within the | 455 |
limits established by division (B) of this section to provide | 456 |
sufficient revenues to meet its expenses. | 457 |
(E) The board may, by rule, provide for the waiver of all or | 458 |
part of a license fee when the license is issued less than | 459 |
eighteen months before its expiration date. | 460 |
(F) All fees received by the board shall be deposited into | 461 |
the state treasury to the credit of the occupational licensing and | 462 |
regulatory fund. | 463 |
Sec. 4761.09. (A) The Ohio respiratory care board may refuse | 464 |
to issue or renew a license or a limited permit, may issue a | 465 |
reprimand, may suspend or permanently revoke a license or limited | 466 |
permit, or may place a license or limited permit holder on | 467 |
probation, on any of the following grounds: | 468 |
(1) A plea of guilty to, a judicial finding of guilt of, or a | 469 |
judicial finding of eligibility for intervention in lieu of | 470 |
conviction for an offense involving moral turpitude or of a | 471 |
felony, in which case a certified copy of the court record shall | 472 |
be conclusive evidence of the matter; | 473 |
(2) Violating any provision of this chapter or an order or | 474 |
rule of the board; | 475 |
(3) Assisting another person in that person's violation of | 476 |
any provision of this chapter or an order or rule of the board; | 477 |
(4) Obtaining a license or limited permit by means of fraud, | 478 |
false or misleading representation, or concealment of material | 479 |
facts or making any other material misrepresentation to the board; | 480 |
(5) Being guilty of negligence or gross misconduct in the | 481 |
practice of respiratory care; | 482 |
(6) Violating the standards of ethical conduct adopted by the | 483 |
board, in the practice of respiratory care; | 484 |
(7) Engaging in dishonorable, unethical, or unprofessional | 485 |
conduct of a character likely to deceive, defraud, or harm the | 486 |
public; | 487 |
(8) | 488 |
practice respiratory care while showing signs of impairment from | 489 |
being under the influence of any dangerous drug | 490 |
491 | |
492 | |
493 |
(9) Self-administering or otherwise taking into the body any | 494 |
dangerous drub in any way that is not in accordance with a legal, | 495 |
valid prescription issued for that individual, or | 496 |
self-administering or otherwise taking into the body any drug that | 497 |
is a schedule I controlled substance; | 498 |
(10) Habitual or excessive use of controlled substances, | 499 |
alcohol, or other habit-forming drugs or chemical substances to | 500 |
the extent that the use impairs the individual's ability to | 501 |
provide safe respiratory care; | 502 |
(11) Practicing respiratory care while mentally incompetent; | 503 |
| 504 |
remuneration for patient referrals; | 505 |
| 506 |
the person is clearly untrained or incompetent or practicing in a | 507 |
manner that conflicts with section 4761.17 of the Revised Code; | 508 |
| 509 |
not authorized to practice respiratory care under this chapter in | 510 |
the performance of respiratory care procedures; | 511 |
| 512 |
authorized functions for the purpose of obtaining some benefit | 513 |
related to the practice of respiratory care; | 514 |
| 515 |
the Revised Code; | 516 |
(17) Denial, revocation, suspension, or restriction of | 517 |
authority to engage in a licensed profession or practice a health | 518 |
care occupation, including respiratory care, in this state or any | 519 |
other state or jurisdiction for any reason other than failure to | 520 |
renew. | 521 |
Before the board may take any action under this section, | 522 |
other than issuance of a summary suspension order under division | 523 |
(C) of this section, the executive director of the board shall | 524 |
prepare and file written charges with the board. Disciplinary | 525 |
actions taken by the board under this section shall be taken | 526 |
pursuant to an adjudication under Chapter 119. of the Revised | 527 |
Code, except that in lieu of an adjudication, the board may enter | 528 |
into a consent agreement to resolve an allegation of a violation | 529 |
of this chapter or any rule adopted under it. A consent agreement, | 530 |
when ratified by the board, shall constitute the findings and | 531 |
order of the board with respect to the matter addressed in the | 532 |
agreement. If the board refuses to ratify a consent agreement, the | 533 |
admissions and findings contained in the consent agreement shall | 534 |
be of no effect. | 535 |
(B) If the board orders a license or limited permit holder | 536 |
placed on probation, the order shall be accompanied by a written | 537 |
statement of the conditions under which the person may be restored | 538 |
to practice. | 539 |
The person may reapply to the board for original issuance of | 540 |
a license after one year following the date the license was | 541 |
denied. | 542 |
A person may apply to the board for the reinstatement of a | 543 |
license or limited permit after one year following the date of | 544 |
suspension or refusal to renew. The board may accept or refuse the | 545 |
application for reinstatement and may require that the applicant | 546 |
pass a reexamination as a condition of eligibility for | 547 |
reinstatement. | 548 |
(C) If the president and secretary of the board determine | 549 |
that there is clear and convincing evidence that a license or | 550 |
limited permit holder has committed an act that is grounds for | 551 |
board action under division (A) of this section and that continued | 552 |
practice by the license or permit holder presents a danger of | 553 |
immediate and serious harm to the public, the president and | 554 |
secretary may recommend that the board suspend the license or | 555 |
limited permit without a prior hearing. The president and | 556 |
secretary shall submit in writing to the board the allegations | 557 |
causing them to recommend the suspension. | 558 |
On review of the allegations, the board, by a vote of not | 559 |
less than seven of its members, may suspend a license or limited | 560 |
permit without a prior hearing. The board may review the | 561 |
allegations and vote on the suspension by a telephone conference | 562 |
call. | 563 |
If the board votes to suspend a license or limited permit | 564 |
under this division, the board shall issue a written order of | 565 |
summary suspension to the license or limited permit holder in | 566 |
accordance with section 119.07 of the Revised Code. If the license | 567 |
or limited permit holder requests a hearing by the board, the | 568 |
board shall conduct the hearing in accordance with Chapter 119. of | 569 |
the Revised Code. Notwithstanding section 119.12 of the Revised | 570 |
Code, a court of common pleas shall not grant a suspension of the | 571 |
board's order of summary suspension pending determination of an | 572 |
appeal filed under that section. | 573 |
Any order of summary suspension issued under this division | 574 |
shall remain in effect until a final adjudication order issued by | 575 |
the board pursuant to division (A) of this section becomes | 576 |
effective. The board shall issue its final adjudication order | 577 |
regarding an order of summary suspension issued under this | 578 |
division not later than sixty days after completion of its | 579 |
hearing. Failure to issue the order within sixty days shall result | 580 |
in immediate dissolution of the suspension order, but shall not | 581 |
invalidate any subsequent, final adjudication order. | 582 |
Sec. 4761.17. All of the following apply to the practice of | 583 |
respiratory care by a person who holds a license or limited permit | 584 |
issued under this chapter: | 585 |
(A) The person shall practice only pursuant to | 586 |
following: | 587 |
(1) A prescription or other order for respiratory care issued | 588 |
by | 589 |
(a) A physician | 590 |
(b) A registered nurse who holds a certificate of authority | 591 |
issued under Chapter 4723. of the Revised Code to practice as a | 592 |
certified nurse practitioner or clinical nurse specialist and has | 593 |
entered into a standard care arrangement with a physician that | 594 |
allows the nurse to prescribe or order respiratory care services; | 595 |
(c) A physician assistant who holds a certificate to practice | 596 |
issued under Chapter 4730. of the Revised Code and has entered | 597 |
into a supervision agreement approved under section 4730.18 of the | 598 |
Revised Code with a physician who allows the physician assistant | 599 |
to prescribe or order respiratory care services. | 600 |
(2) A protocol consisting of a set of treatment or medication | 601 |
administration guidelines that are developed by a hospital or | 602 |
nursing home under appropriate medical direction and with medical | 603 |
staff approval and that comply with standards prescribed by the | 604 |
Ohio respiratory care board in rules adopted under section 4761.03 | 605 |
of the Revised Code. | 606 |
(B) The person shall practice only under the supervision of a | 607 |
physician or under the supervision of a certified nurse | 608 |
practitioner | 609 |
who is authorized to prescribe or order respiratory care services | 610 |
as provided in division (A) of this section. | 611 |
(C) When practicing under the prescription or order of a | 612 |
certified nurse practitioner or clinical nurse specialist or under | 613 |
the supervision of such a nurse, the person's administration of | 614 |
medication that requires a prescription is limited to the drugs | 615 |
that the nurse is authorized to prescribe pursuant to the nurse's | 616 |
certificate to prescribe issued under section 4723.48 of the | 617 |
Revised Code. | 618 |
(D) When practicing under the prescription or order of a | 619 |
physician assistant or under the supervision of a physician | 620 |
assistant, the person's administration of medication that requires | 621 |
a prescription is limited to the drugs that the physician | 622 |
assistant is authorized to prescribe pursuant to the physician | 623 |
assistant's certificate to prescribe issued under section 4730.44 | 624 |
of the Revised Code. | 625 |
Section 2. That existing sections 4730.09, 4761.01, 4761.03, | 626 |
4761.04, 4761.05, 4761.06, 4761.07, 4761.09, and 4761.17 of the | 627 |
Revised Code are hereby repealed. | 628 |