The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
***
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
***
|
(123rd General Assembly)(Substitute House Bill Number 505)
AN ACT
To amend sections 4761.01, 4761.02, 4761.03, 4761.04, 4761.05, 4761.06,
4761.07, 4761.08, 4761.09, 4761.10, and 4761.11
and to enact sections 4761.031, 4761.13, 4761.14, 4761.15,
4761.16, and 4761.17 of the Revised Code to revise the laws regarding the
powers and duties
of the Ohio Respiratory Care Board.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 4761.01, 4761.02, 4761.03, 4761.04, 4761.05, 4761.06,
4761.07, 4761.08, 4761.09, 4761.10, and
4761.11 be amended and sections 4761.031, 4761.13,
4761.14, 4761.15, 4761.16, and 4761.17 of the Revised Code be enacted to read
as follows:
Sec. 4761.01. As used in sections 4761.01 to 4761.12 of
the Revised Code this chapter: (A) "Respiratory care" means rendering or offering to
render to individuals, groups, organizations, or the public any
service involving the evaluation of cardiopulmonary function, the
treatment of cardiopulmonary impairment, the assessment of
treatment effectiveness, and the care of patients with
deficiencies and abnormalities associated with the
cardiopulmonary system, performed upon the prescription and under
the supervision of a physician licensed under Chapter 4731. of
the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery. The practice of respiratory care includes: (1) Obtaining, analyzing, testing, measuring, and
monitoring blood and gas samples in the determination of
cardiopulmonary parameters and related physiologic data,
including flows, pressures, and volumes, and the use of equipment
employed for this purpose; (2) Administering, monitoring, recording the results of,
and instructing in the use of medical gases, aerosols, and
bronchopulmonary hygiene techniques, including drainage,
aspiration, and sampling, and applying, maintaining, and
instructing in the use of artificial airways, ventilators, and
other life support equipment employed in the treatment of
cardiopulmonary impairment and provided in collaboration with
other licensed health care professionals responsible for
providing care; (3) Performing cardiopulmonary resuscitation and
respiratory rehabilitation techniques; (4) Administering medications for the testing or treatment
of cardiopulmonary impairment upon the prescription and under the
supervision of a physician licensed under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery. (B) "Respiratory care professional" means a person who is
licensed under this chapter to practice the full range of
respiratory care services as defined in division (A) of this
section and who practices respiratory care upon the prescription
and under the supervision of a physician licensed. (C) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery. (D) "Registered nurse" means an individual licensed under
Chapter 4723. of the Revised Code to engage in the practice of nursing as a
registered nurse. (E) "Hospital" means a facility that meets the operating
standards of section 3727.02 of the Revised Code. (F) "Nursing facility" has the same meaning as in section 5111.20
of the Revised Code. Sec. 4761.02. The governor, with the advice and consent of
the senate, shall appoint the Ohio respiratory care board,
consisting of five residents of this state. Three members of the
board shall be respiratory care professionals who were engaged in
or actively associated with the practice of respiratory care in
this state for at least five years immediately preceding
appointment. One member shall be a physician authorized to
practice medicine and surgery or osteopathic medicine and surgery under
Chapter 4731. of the Revised Code who has clinical training and
experience in the management of pulmonary disease. One member
shall represent the public. After the term of a member of the board expires or becomes
vacant, the Ohio state medical association may submit to the
governor the names of nominees for the board position to be
filled by a physician. The board of directors of the Ohio
society for respiratory care, inc., may recommend to the governor
at least three persons for each board position to be filled by a
respiratory care professional
appointment to board membership. The American lung association
of Ohio may submit to the governor the names of nominees for the
board position to be filled by a person representing the public.
The governor shall consider these nominees in making the
appointments. Of the initial appointments, one shall be for a term ending
March
14, 1990, two
shall be
for terms ending March 14,
1991, and two shall be for
terms ending March 14,
1992. Thereafter, terms Terms of
office shall be for three years, each term ending on the same day
of the same month of the year as did the term which it succeeds.
A member shall serve subsequent to the expiration of the member's term
until a successor is appointed and qualifies, or until a period
of sixty days has elapsed, whichever occurs first. Each member,
before entering upon the duties of office, shall subscribe to
and file with the secretary of state the oath of office required
under Section 7 of Article XV, Ohio Constitution. Vacancies
shall be filled in the manner prescribed for the regular
appointments to the board and shall be limited to the unexpired
terms. Members of the board may be reappointed.
Annually, upon the qualification of the member or members
appointed in that year, the Ohio respiratory care board shall
organize and shall select from its members a president and
secretary. The A majority of the members of the board shall
constitute a quorum to transact and vote on the business of the
board. The board shall meet as a whole to determine all
administrative matters. Each member of the board shall receive an amount fixed
pursuant to division (J) of section 124.15 of the Revised Code
for each day actually employed in the discharge of the member's
duties. In addition, each member shall receive actual and
necessary
expenses incurred in the performance of the member's official
duties. The board shall employ an executive secretary director who shall
be in the
unclassified service of the state. The executive secretary
director shall assist the board in
the administration and enforcement of this chapter and shall employ
employees individuals as the board considers necessary to
carry out
the board's functions provide that assistance. Sec. 4761.03. The Ohio respiratory care board shall
regulate the practice of respiratory care in this state and the persons to
whom the board issues licenses and limited permits under this chapter.
Rules adopted under this chapter that deal with the provision of
respiratory care in a hospital, other than rules regulating the
issuance of licenses or limited permits, shall be consistent with the
conditions for participation under medicare, Title XVIII of the
"Social
Security Act," 49 79 Stat. 620 286
(1935 1965), 42 U.S.C. 301 U.S.C.A. 1395, as
amended,
and with the respiratory care accreditation standards of the
joint commission on accreditation of healthcare
organizations or
the American osteopathic association. The board shall: (A) Adopt, and may rescind or amend, rules in accordance
with Chapter 119. of the Revised Code to carry out the purposes
of this chapter, including rules prescribing: (1) The form and manner for filing applications for
licensure and renewal, limited permits, and limited permit
extensions under sections 4761.05 and 4761.06 of the
Revised Code; (2) The form, scoring, and scheduling of examinations and
reexaminations for licensure and license renewal; (3) Standards for the approval of educational programs
required to qualify for licensure and continuing education
programs required for license renewal; (4) Continuing education courses and the number
of hour
requirements necessary for license renewal, in accordance with
section 4761.06 of the Revised Code; (5) Procedures for the issuance and renewal of licenses
and limited permits; (6) Procedures for the denial, suspension, permanent revocation,
refusal to renew, and reinstatement of licenses and limited permits,
the
conduct of hearings, and the imposition of fines for engaging in
conduct that is grounds for such action and hearings under
section 4761.09 of the Revised Code.; (7) Standards of ethical conduct for the practice of
respiratory care; (8) Conditions under which the license renewal fee and
continuing education requirements may be waived at the request of
a licensee who is not in active practice; (9) The respiratory care tasks that may be performed by an
individual practicing as a polysomnographic technologist pursuant to division
(B)(3) of section 4761.10 of the Revised Code; (10) Procedures for registering out-of-state respiratory care
providers authorized to practice in this state under division
(A)(4) of section 4761.11 of the
Revised Code. (B) Determine the sufficiency of an applicant's
qualifications for admission to the licensing examination or a
reexamination, and for the issuance or renewal of a license or
limited permit; (C) Determine the respiratory care educational programs
that are acceptable for fulfilling the requirements of division
(A) of section 4761.04 of the Revised Code; (D) Schedule, administer, and score the licensing
examination or any reexamination for license renewal or
reinstatement. The board shall administer the licensing examinations
at
least twice a year and notify applicants of the
time and place of the examinations. (E) Investigate complaints concerning alleged violations
of section 4761.10 of the Revised Code or grounds for the
suspension, permanent revocation, or refusal to issue licenses or
limited permits
under section 2301.373 or 4761.09 of the Revised Code. The board
shall employ investigators who shall, under the direction of the
executive secretary director of the board, investigate
complaints and make
inspections and other inquiries as, in the judgment of the board,
are appropriate to enforce sections 2301.373, 4761.09, and
4761.10 of the
Revised Code. Pursuant to an investigation and inspection,
the investigators may review and audit records
during normal business hours at the place of business
of a licensee or person who is the subject of a complaint filed with the board
or at any place where the
records are kept. The Except when required by court order, the board and its employees shall
not disclose
confidential information obtained during an investigation, except
pursuant to a court order or identifying information about any person
who files a complaint with the board. The board may hear testimony in matters relating to the
duties imposed upon it and issue subpoenas
pursuant to an
investigation. The president and
secretary of the board may
administer oaths. (F) Conduct hearings, keep records of its proceedings, and
do all such other things as are necessary and proper to carry out
and enforce the provisions of this chapter; (G) Maintain, publish, and make available upon request,
for a fee not to exceed the actual cost of printing and mailing: (1) The requirements for the issuance of licenses and
limited permits under this chapter and rules adopted by the board; (2) A current register of every person licensed to
practice respiratory care in this state, to include the addresses
of the person's last known place of business and residence, the
effective date and identification number of the license, the name
and location of the institution that granted the person's degree
or certificate of completion of respiratory care educational
requirements, and the date the degree or certificate was issued; (3) A list of the names and locations of the institutions
that each year granted degrees or certificates of completion in
respiratory care; (4) After the administration of each examination, a list
of persons who passed the examination. (H) Submit to the governor and to the general assembly
each year a report of all of its official actions during the
preceding year, together with any findings and recommendations
with regard to the improvement of the profession of respiratory
care. Sec. 4761.031. The Ohio respiratory care board may
share any information it receives pursuant to an investigation conducted under
division (E) of section 4761.03 of the Revised
Code, including
patient records and patient record
information, with other licensing boards and governmental agencies
that are investigating alleged professional misconduct and with law
enforcement agencies and other governmental
agencies that are investigating or prosecuting alleged criminal offenses. A
board or agency that receives the information shall comply with the same
requirements regarding confidentiality as those with which the Ohio
respiratory care
board must comply, notwithstanding any conflicting provision
of the Revised Code or procedure
of the board or agency that applies when the board or agency is dealing with
other information in its possession. The information may
be admitted into evidence in a criminal trial in accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality is maintained with respect to any part of the information that
contains names or other identifying information about persons
whose confidentiality was protected by the Ohio respiratory care
board when the
information was in the board's possession. Measures to ensure confidentiality
that may be taken by the court include sealing its records or deleting
specific information
from its records. Sec. 4761.04. (A) Except as provided in division (B) of
this section, no person is eligible for licensure as a
respiratory care professional unless he the person has
shown, to the satisfaction of the Ohio respiratory care board
that, all of the following: (1) He That the person is of good moral character; (2) He That the person has successfully completed the
requirements
of an
educational program approved by the board that includes
instruction in the biological and physical sciences,
pharmacology, respiratory care theory, procedures, and clinical
practice, and cardiopulmonary rehabilitation techniques; and (3) He That the person has passed an examination administered
by the
board
that tests the applicant's knowledge of the basic and clinical
sciences relating to respiratory care theory and practice,
professional skills and judgment in the utilization of
respiratory care techniques, and such other subjects as the board
considers useful in determining fitness to practice. (B) The board may waive the requirements of division (A)
of this section with respect to any applicant who presents proof
of current licensure in another state whose standards for
licensure are at least equal to those in effect in this state on
the date of application. The board may waive the requirements of
divisions (A)(2) and (3) of this section with respect to any
applicant who presents proof that he of having successfully
completed any examination recognized by the board as meeting the requirements
of division (A)(3) of this section. Sec. 4761.05. (A) The Ohio respiratory care board shall
issue a license to any applicant who complies with the
requirements of section 4761.04 of the Revised Code, files the
prescribed application form, and pays the fee or fees required
under section 4761.07 of the Revised Code. The license entitles
the holder to practice respiratory care. The licensee
shall display the license
in a conspicuous place at the licensee's principal place of
business. (B)(1) The board shall issue a limited permit to any
applicant who meets the requirements of division (A)(1) of
section 4761.04 of the Revised Code, files the prescribed
application form, pays the fee required under section 4761.07 of
the Revised Code, and meets either of the following requirements: (a) Is enrolled in and is in good standing in a
respiratory care educational program approved by the board that
meets the requirements of division (A)(2) of section 4761.04 of
the Revised Code leading to a degree or certificate of
completion or is a graduate of the program; (b) Is employed as a provider of respiratory care in this
state and was employed as a provider of respiratory care in this state prior
to
March 14, 1989. (2) The limited permit authorizes the holder
to provide
respiratory care under the supervision of a respiratory care
professional. A person issued a limited permit under division
(B)(1)(a) of this section may practice respiratory
care under the
limited permit for not more than the earliest of the
following: (a) Three years after the date the limited permit is issued; (b) One year following the date of receipt of a certificate of
completion from a board-approved respiratory care education program; (c) Until the holder completes or discontinues participation
in the educational program. The board may extend the term of a limited permit in cases of unusual
hardship. The holder seeking an extension shall petition the board in the
form and manner prescribed by the board in rules adopted under section 4761.03
of the Revised Code. This division does not require a
student enrolled in an educational program leading
to a degree or certificate of completion in respiratory care approved by the
board to
obtain a limited permit to perform any duties that are part of
the required course of study. (3) A person issued a limited permit under division
(C)(B)(1)(b) of this section may practice under a limited
permit for not more than three years, except that this restriction does not
apply to a permit holder who, on March
14, 1989, has been employed as a provider of respiratory care for
an average of not less than twenty-five hours per week for a
period of not less than five years by a hospital certified or
accredited pursuant to section 3727.02 of the Revised Code. (D)(C) All holders of licenses and limited permits issued
under this section shall display, in a conspicuous place on their
persons the, information as to that identifies the
type of authorization under which they
practice.
Sec. 4761.06. (A) Each license to practice
respiratory care shall be renewed biennially. Each limited permit to practice
respiratory care shall be renewed annually. Each person holding a license
or limited permit to practice respiratory care shall apply to the
Ohio respiratory care board on the form and according to the
schedule prescribed by the board for renewal of the license or limited
permit. Renewal of licenses Licenses and limited permits shall
be renewed in
accordance with the standard renewal procedure of Chapter
4745. of the Revised Code. The board shall renew
the a license upon the payment of the license renewal fee
prescribed under section 4761.07 of the Revised Code and proof of
satisfactory completion of the continuing education or
reexamination requirements of division (B) of this section. The
board shall renew a limited
permit upon payment of the limited permit renewal fee prescribed
under section 4761.07 of the Revised Code and submission of one
of the following: (1) If the limited permit was issued on the basis of division
(B)(1)(a) of section 4761.05 of the Revised Code, proof acceptable
to the board of enrollment and good standing in an educational
program that meets the requirements of division (A)(2)(a) of section
4761.04 of the Revised Code or of graduation from such a program; (2) If the limited permit was issued on the basis of division
(B)(1)(b) of section 4761.05 of the Revised Code, proof
acceptable
to the board of employment as a provider of respiratory care. (B) On and after March 14, 1991, and every year
thereafter, on or before the annual renewal date, the holder of a
limited permit issued under division (B)(1)(b) of
section 4761.05 of the
Revised Code shall submit proof to the board that the holder has
satisfactorily completed the number of hours of continuing
education required by the board, which shall not be less than
three nor more than ten hours of continuing education acceptable
to the board. On or before the biennial renewal date, the a
license
holder shall submit proof to the board that the license holder has
satisfactorily
completed the number of hours of continuing education required by
the board, which shall be not less than six nor more than
twenty
hours of continuing education acceptable to the board, or has
passed a reexamination in accordance with the board's renewal
requirements. The board may waive all or part of the continuing education
requirement for a license holder who has held the license for less than two
years. Sec. 4761.07. (A) The Ohio respiratory care board shall
charge any license applicant or holder who is to take an
examination required under division (A)(3) of section 4761.04 or
a reexamination required under division (B) of section 4761.06 of
the Revised Code for license renewal or under section 4761.09 of
the Revised Code for license reinstatement, a nonrefundable
examination fee, not to exceed the amount necessary to cover the
expense of administering the examination. The license applicant or
holder shall pay the fee
at the time of application for licensure or renewal. (B) The board shall establish the following additional
nonrefundable fees and penalty: (1) An initial license fee, not to exceed seventy-five
dollars; (2) A biennial license renewal fee, not to exceed
one hundred
dollars; (3) A limited permit fee, not to exceed twenty dollars; (4) A limited permit renewal fee, not to exceed ten
dollars; (5) A late renewal penalty, not to exceed fifty per cent
of the renewal fee. (C) Notwithstanding division (B)(4) of this section, after
the third renewal of a limited permit that meets the exception in division
(C)(B)(3) of section 4761.05 of the Revised Code, the limited
permit renewal
fee shall be one-half the amount of the biennial license renewal
fee
established under division (B)(2) of this section and section
4761.08 of the Revised Code. (D) The board shall adjust the fees biennially and within the
limits established by division (B) of this section to provide
sufficient revenues to meet its expenses. (E) The board may, by rule, provide for the waiver of all
or part of a license fee when the license is issued less than eighteen months
before its expiration date. (F) All fees received by the board shall be deposited into
the state treasury to the credit of the occupational licensing
and regulatory fund. Sec. 4761.08. The Ohio respiratory care board, subject to the approval of the
controlling board, may establish fees, except fees established at amounts
adequate to cover designated expenses, in excess of the amounts provided in
sections 4761.01 to 4761.11 of the Revised Code this chapter.
The fees shall not exceed the amounts specified by more than fifty per cent. Sec. 4761.09. (A) The Ohio respiratory care board may refuse
to issue or renew a license or a limited permit, may issue a reprimand,
may suspend or permanently revoke a license or limited permit, or may
place a license or
limited permit holder on probation, on any of the following grounds: (1) Conviction of a plea of
guilty to, a judicial finding of guilt of, or a judicial finding
of eligibility for intervention in lieu of conviction for
an offense involving moral turpitude or
of a felony, in which case a certified
copy of the court record shall be conclusive evidence of the matter; (2) Violating any provision of this chapter or an order or
rule of the board; (3) Assisting another person in that person's violation of any provision
of this chapter or an order or rule of the board; (4) Obtaining a license or limited permit by means of
fraud, false
or misleading representation, or concealment of material facts or making
any other material misrepresentation to the board; (4)(5) Being guilty of negligence or gross misconduct in the
practice of respiratory care;
(5)(6) Violating the standards of ethical conduct adopted by
the board, in the practice of respiratory care;
(6)(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a
character likely to deceive, defraud, or harm the public;
(8) Using any controlled substance dangerous drug, as
defined in section 4729.01 of the Revised Code,
or alcohol to the
extent that the use impairs the ability to practice respiratory care
at an acceptable level of competency; (7)(9) Practicing respiratory care while mentally
incompetent;
(10) Accepting commissions, rebates, or other forms of
remuneration for patient referrals; (8)(11) Practicing in an area of respiratory care for which
the person is clearly untrained or incompetent or practicing
without a licensed physician's prescription or supervision in a
manner that conflicts with section 4761.17 of the Revised
Code;
(9)(12) Employing, directing, or supervising a person who is
not authorized to practice respiratory care under this chapter in
the performance of respiratory care procedures;
(10)(13) Misrepresenting educational attainments or
authorized
functions for the purpose of obtaining some benefit related to
the practice of respiratory care.
Before the board may take any action under this section, other than
issuance
of a
summary suspension order under division (C) of this section, the
executive secretary director of the board shall
prepare and file written charges with the board, which shall
conduct a hearing on the charges in accordance with.
Disciplinary actions taken
by the board under this section shall be taken pursuant to an adjudication
under Chapter 119. of the Revised Code,
except that in lieu of an
adjudication, the board may enter into a consent agreement to
resolve an allegation of a violation of this chapter or any rule
adopted under it. A consent agreement, when ratified by the
board, shall constitute the findings and order of the board with
respect to the matter addressed in the agreement. If the board
refuses to ratify a consent agreement, the admissions and findings
contained in the consent agreement shall be of no effect. (B) If the board orders a license or limited permit holder placed on
probation, the order shall be accompanied by a written statement
of the conditions under which the person may be restored to
practice. The person may reapply to the board for original issuance
of a license after one year following the date the license was
denied. A person may apply to the board for the reinstatement of a
license or limited permit after one year following the date of
suspension, revocation, or refusal to renew. The board may
accept or refuse the application for reinstatement and may
require that the applicant pass a reexamination as a condition of
eligibility for reinstatement. (C) If the president and secretary of the board
determine that there is clear and convincing evidence that a
license or limited permit holder has committed an act that is
grounds for board action under division
(A) of this section and that
continued practice by the license or permit holder presents a
danger of immediate and serious harm to the public, the
president and secretary may recommend that the board suspend the
license or limited permit without a prior hearing. The
president and secretary shall submit in writing to the board the
allegations causing them to recommend the suspension. On review of the allegations, the board, by a vote of not
less than four of its members, may suspend a license or limited
permit without a prior hearing. The board may review the
allegations and vote on the suspension by a telephone conference
call. If the board votes to suspend a license or limited permit
under this division, the board shall issue a written order of
summary suspension to the license or limited permit holder in
accordance with section 119.07 of the
Revised
Code. If the license or
limited permit holder requests a hearing by the board, the board
shall conduct the hearing in accordance with
Chapter 119. of the Revised Code. Notwithstanding section 119.12 of the
Revised Code, a court of common pleas shall not grant a suspension of the
board's order of summary
suspension pending determination of an appeal filed under that
section. Any order of summary suspension issued under this division
shall remain in effect until a final adjudication order issued
by the board pursuant to division
(A) of this section becomes
effective. The board shall issue its final adjudication order
regarding an order of summary suspension issued under this
division not later than sixty days after completion of its
hearing. Failure to issue the order within sixty days shall
result in immediate dissolution of the suspension order, but
shall not invalidate any subsequent, final adjudication order. Sec. 4761.10. (A) No person shall offer or render
respiratory care services, or hold himself out as being represent
that the person is a
respiratory care professional, respiratory therapist, respiratory
technologist, respiratory care technician, respiratory
practitioner, inhalation therapist, inhalation technologist, or
inhalation therapy technician, or as having to have any similar
title or
as providing to provide these services under a similar
description, unless
the person holds a license or limited permit issued under this
chapter. No
partnership, association, or corporation shall advertise or
otherwise offer to provide or convey the impression that it is
providing respiratory care unless an individual holding a license
or limited permit issued under this chapter is employed by or under contract
to with the partnership, association, or corporation and will be
performing the respiratory care services to which reference is made. (B) Notwithstanding the provisions of this division,
some
(A) of this section, all of the following apply: (1) In the case of a hospital or nursing facility,
some
limited aspects of respiratory care services such as measuring
blood pressure and taking blood samples may also be performed in
a hospital meeting the operating standards of section 3727.02 of
the Revised Code by persons demonstrating
current competence in
such procedures, as long as the person
acts under the direction of a physician authorized under
Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery or under the
direction delegation of a registered nurse licensed under
Chapter 4723. of
the Revised Code, so long as such and the person does not hold
himself
out as being represent that the person is engaged in the practice
of
respiratory care. The
above
limited aspects of respiratory care do not include any of the
following: the administration of aerosol medication, the
maintenance of patients on mechanical ventilators, aspiration,
and the application and maintenance of artificial airways. (B)(2) In the case of a facility, institution, or other
setting that exists for a purpose substantially other than the provision of
health care, if nursing tasks are delegated by a registered nurse as provided
in Chapter 4723. of the Revised Code and the rules adopted under it, respiratory
care tasks may be performed under that delegation by persons demonstrating
current competence in performing the tasks, as long as the person does not
represent that the person is engaged in
the practice of respiratory care.
(3) A polysomnographic technologist credentialed by an organization
the Ohio respiratory care board recognizes, a trainee under
the direct supervision of a polysomnographic technologist credentialed by an
organization the board recognizes, or
a person the board recognizes as being eligible to be credentialed as a
polysomnographic technologist may perform the
respiratory care tasks specified in rules adopted under
section 4761.03 of the Revised Code, as long as both of the
following apply: (a) The tasks are performed in the
diagnosis and therapeutic intervention of sleep-related breathing disorders
and under the general
supervision of a physician. (b) The person performing the tasks
does not represent that the person is engaged in the practice of respiratory
care. (C) If the Ohio respiratory care board finds that
any
person, including any partnership, association, or
corporation, has engaged or is
engaging in any activity or conduct that is prohibited under
division (A) of this section or rules of the board, or that is
grounds for the denial, suspension, or permanent revocation of a
person's license
under section 4761.09 of the Revised Code, it may apply to the
court of common pleas in the county in which the violation
occurred for an order restraining the unlawful activity or
conduct, including the person's continued practice of
respiratory care.
Upon a showing that the person has violated such law or rule has
been violated,
or the person has engaged in conduct constituting such grounds, the
court
may issue an injunction or other appropriate restraining order. Sec. 4761.11. (A) Nothing in this chapter shall be
construed to prevent or restrict the practice, services, or
activities of any person who: (1) Is a physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery; is employed in the office of such a
physician and who renders medical assistance under the physician's
direct supervision but who does not hold himself out as
being engaged in the profession of
respiratory care; is a registered nurse
licensed under Chapter 4723. of the Revised Code; or is any other
health
care professional licensed by this
state, practicing within providing respiratory care services
included in the
scope of practice established by the license
held, but who does not hold
himself out as being long as the person does not represent that
the person is engaged in the
practice of respiratory
care; (2) Is employed as a respiratory care professional by an
agency of the United States government and provides respiratory
care solely under the direction or control of the employing agency; (3) Is a student enrolled in a board-approved respiratory
care education program leading to a certificate of completion in
respiratory care and is performing duties that are part of a
supervised course of study; (4) Is a nonresident of this state practicing or offering
to practice respiratory care, if the respiratory care services
are offered for not more than one hundred twenty calendar thirty
days in a year,
services are provided under the supervision of a respiratory care
professional licensed under this chapter, and the nonresident
Registers with the board in accordance with rules adopted by
the board under section 4761.03 of the Revised Code and
meets either of the following requirements: (a) Qualifies for licensure under this chapter, except for
passage of the examination required under division (A)(3) of
section 4761.04 of the Revised Code; (b) Holds a valid license issued by a state that has
licensure requirements considered by the board to be comparable
to those of this state and has
not been issued a license in another state that has been revoked
or is currently under suspension or on probation. (5) Provides respiratory care only to relatives or in
medical emergencies; (6) Provides gratuitous care to friends or personal family
members; (7) Provides only self care; (8) Holds a current, valid certificate under section
4765.30 of the Revised Code as an emergency medical
technician-basic,
emergency medical technician-intermediate, or
emergency medical technician-paramedic
is employed in the office
of a physician and renders medical assistance under the physician's direct
supervision
without representing that the person is engaged in the practice of respiratory
care; (9) Is employed in a clinical chemistry or arterial blood
gas laboratory and is supervised by a physician authorized
under Chapter 4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery without representing that the
person is engaged in the practice of respiratory care; (10) Provides limited aspects of respiratory care pursuant
to division (A) of section 4761.10 of the Revised Code
in a
hospital meeting the operating standards of section 3727.02 of
the Revised Code under the direction of a physician
authorized under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery or of a registered
nurse licensed under Chapter 4723. of the Revised Code so long as
such person does not hold himself out as being
engaged in the practice of respiratory care
is engaged in the practice of respiratory care as an
employee of a person or governmental entity located in another state and
provides respiratory care services for less than seventy-two hours to
patients being transported into, out of, or through this state. (B) Nothing in this chapter shall be construed to prevent
any person licensed under Chapter 4723. of the Revised Code, any
person authorized under Chapter 4731. of the Revised Code to practice medicine
and surgery or osteopathic medicine and surgery, or any association,
corporation, or partnership, from advertising, describing, or offering to
provide respiratory care, or billing for respiratory care if
when the respiratory
care services are provided by a person licensed under Chapter 4723. of the
Revised
Code and health care professional
licensed by this state practicing within the scope of practice established
by
that the license
or by a
person authorized under Chapter 4731. of the
Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery Held. Nothing in this
chapter shall be construed to prevent a hospital meeting the
operating standards of section 3727.02 of the Revised Code or nursing
facility from
advertising, describing, or offering to provide respiratory care,
or billing for respiratory care if the services are rendered by a
person licensed under this chapter or persons who may
provide
those limited aspects of respiratory care or respiratory care
tasks pursuant to division (A)(B)
of section 4761.10 of the Revised Code by or under the direction
of a physician authorized under Chapter 4731. of the Revised
Code
to practice medicine and surgery or osteopathic medicine and
surgery or by or under the direction of a registered nurse
licensed under Chapter 4723. of
the Revised Code. (C) Notwithstanding division (A) of section 4761.10 of
the
Revised
Code, in a life-threatening situation, in the absence of licensed
personnel, unlicensed persons shall not be prohibited from taking
life-saving measures. (C)(D) Nothing in this chapter shall be construed as
authorizing a respiratory care professional to practice medicine
and surgery or osteopathic medicine and surgery.
This division does not
prohibit a respiratory care professional from administering
topical or intradermal medications for the purpose of producing
localized decreased sensation as part of a procedure or task that
is within the scope of practice of a respiratory care
professional.
Sec. 4761.13. (A) As used in this section,
"prosecutor" has the same meaning as in section 2935.01
of the Revised Code. (B) The prosecutor in any case against any
respiratory care professional or an individual holding a limited permit issued
under this chapter shall promptly notify the Ohio respiratory care
board of any of the following: (1) A plea of guilty to, or a finding of guilt
by a jury or court of, a felony, or a case in which the trial court issues an
order of
dismissal upon technical or procedural grounds of a felony
charge; (2) A plea of guilty to, or a finding of guilt
by a jury or court of, a misdemeanor committed in the course of practice, or a
case
in which the trial court issues an order of dismissal upon technical
or procedural grounds of a charge of a misdemeanor, if the
alleged act was committed in the course of practice; (3) A plea of guilty to, or a finding of guilt
by a jury or court of, a misdemeanor involving moral turpitude, or a case in
which the trial court issues an order of dismissal upon technical or
procedural grounds of a charge of a misdemeanor involving moral
turpitude. (C) The report shall include the name and address of the
respiratory care professional or person holding a limited permit, the nature
of the offense for which the
action was taken, and the certified court documents recording the
action. The board may prescribe and provide forms for prosecutors to make
reports under this section. The form may be the same as the form required to
be provided under section 2929.24 of the Revised Code. Sec. 4761.14. An employer that disciplines or terminates the
employment of a respiratory care professional or individual holding a
limited permit issued under this chapter because of conduct that would
be grounds for disciplinary action under section 4761.09 of the
Revised
Code shall report the action to the
Ohio respiratory care board. The report shall state the
name of the respiratory care professional or individual holding the limited
permit and the
reason the employer took the action. If an employer fails to report to the
board, the board
may seek an order from a court of competent jurisdiction
compelling submission of the report. Sec. 4761.15. In the absence of fraud or bad faith, no person
shall be subject to any civil action or liable for
damages as a result of making a report to the Ohio respiratory care
board or testifying in an adjudication conducted under Chapter
119. of the Revised Code with regard to alleged matters
for which disciplinary action may be taken under section 4761.09 of the
Revised Code or the
qualifications, fitness, or character of a person licensed or holding a
limited permit or applying for a license or limited permit
under this chapter. Sec. 4761.16. In the absence of fraud or bad faith,
the Ohio respiratory care board, a current or former board member, an
agent of the
board,
a person formally asked by the board to be the board's representative, or
an employee of the board
shall not be held
liable in
damages to any person as the result of any act, omission,
proceeding, conduct, or decision related to official duties
undertaken or performed pursuant to this chapter. If
any of those persons asks to be defended by the
state against any claim or action arising out of
any act, omission, proceeding, conduct, or decision related to
the person's official duties, and the request is made in
writing at a reasonable time before trial and the person
requesting defense cooperates in good faith in the defense of the
claim or action, the state shall provide and pay for the person's defense
and shall pay any resulting judgment, compromise, or
settlement. At no time shall the state pay any part of a claim
or judgment that is for punitive or exemplary damages. Sec. 4761.17. All of the following apply to the practice of
respiratory care by a person who holds a license or limited permit issued
under this chapter: (A) The person shall practice only
pursuant to a prescription or other order for respiratory care
issued by a physician or by a registered nurse who holds a certificate of
authority issued under Chapter 4723. of the Revised
Code to
practice as a certified nurse practitioner or clinical nurse specialist and
has entered into a standard care arrangement with a physician that allows the
nurse to prescribe or order respiratory care services. (B) The person shall practice only under
the supervision of a physician or under the supervision
of A certified nurse practitioner or clinical nurse specialist who
is authorized to prescribe or order respiratory care services as
provided in division (A) of this section. (C) When practicing under the prescription or order of a
certified nurse practitioner or clinical nurse specialist or under the
supervision of such a nurse, the person's administration of medication that
requires a prescription is limited to the drugs that the nurse is authorized
to
prescribe pursuant to the nurse's certificate to prescribe issued under
section 4723.48 of the Revised Code. SECTION 2 . That existing sections 4761.01, 4761.02, 4761.03, 4761.04, 4761.05,
4761.06, 4761.07, 4761.08, 4761.09,
4761.10, and 4761.11 of the Revised Code are hereby
repealed.
|