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As Reported by House Health, Retirement and Aging Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 511 |
REPRESENTATIVES SCHURING-VAN VYVEN-VESPER-GRENDELL-
ASLANIDES
A BILL
To amend sections 121.22, 3313.68, 3701.85, 3702.51, 3719.13, 3721.34,
3727.01, 4723.02, 4723.04, 4723.051, 4723.06, 4723.061, 4723.07, 4723.08,
4723.09, 4723.15,
4723.24, 4723.28, 4723.281, 4723.31, 4723.32, 4723.34, 4723.341,
4723.35, 4723.42, 4723.43, 4723.47, 4723.99,
4731.27, 4731.281, 4743.05, 4751.05, and
5111.04; to amend, for the purpose of adopting new section numbers as
indicated in parentheses, sections 4723.02 (4723.01), 4723.04 (4723.02),
4723.051 (4723.10), 4723.31
(4723.082), and 4723.39
(4723.081); to enact section 4723.021; and
to repeal section 4723.342
of the Revised Code
to revise the laws regarding the practice of nursing and the
licensing and enforcement duties of the Board of Nursing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.22, 3313.68, 3701.85, 3702.51, 3719.13, 3721.34,
3727.01, 4723.02, 4723.04, 4723.051, 4723.06, 4723.061,
4723.07, 4723.08, 4723.09, 4723.15, 4723.24, 4723.28, 4723.281,
4723.31, 4723.32, 4723.34, 4723.341, 4723.35, 4723.42, 4723.43,
4723.47, 4723.99,
4731.27, 4731.281, 4743.05, 4751.05, and 5111.04 be amended; sections 4723.02
(4723.01), 4723.04 (4723.02), 4723.051 (4723.10), 4723.31
(4723.082), and 4723.39 (4723.081)
be amended for the purpose of adopting new section numbers as
indicated in parentheses; and section
4723.021 of the Revised Code be enacted to read as follows:
Sec. 121.22. (A) This section shall be liberally
construed to require public officials to take official action and
to conduct all deliberations upon official business only in open
meetings unless the subject matter is specifically excepted by
law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or
authority, and any legislative authority or board, commission,
committee, council, agency, authority, or similar
decision-making body of
any county, township, municipal corporation, school district, or
other political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic, municipal,
and public use when meeting
for the purpose of the appointment, removal, or reappointment of a member of
the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if
applicable, or for any other matter related to
such a district other than litigation involving the district. As used in
division (B)(1)(c) of this section, "court of
jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the
public business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational
institution;
(b) A person who is, voluntarily or involuntarily, an
inmate, patient, or resident of a state or local institution
because of criminal behavior, mental illness or retardation,
disease, disability, age, or other condition requiring custodial
care.
(C) All meetings of any public body are declared to be
public meetings open to the public at all times. A member of a
public body shall be present in person at a meeting open to
the
public to be considered present or to vote at the meeting and for
purposes of determining whether a quorum is present at the
meeting.
The minutes of a regular or special meeting of any
public body shall be promptly prepared, filed, and maintained and
shall be open to public inspection. The minutes need only
reflect the general subject matter of discussions in executive
sessions authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an
audit conference conducted by the auditor of state or independent
certified public accountants with officials of the public office
that is the subject of the audit, to the adult parole authority
when its hearings are conducted at a correctional institution for
the sole purpose of interviewing inmates to determine parole or
pardon, to the organized crime investigations commission
established under section 177.01 of the Revised Code, to the
state medical board when determining whether to suspend a
certificate without a prior hearing pursuant to division
(G) of
either section 4730.25 or 4731.22 of the Revised Code,
to the board of nursing when
determining whether to suspend a license without a prior hearing
pursuant to division (B) of section 4723.181 4723.281 of the
Revised Code,
or to the executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing
advisory council, the industrial technology and enterprise
advisory council,
the tax credit authority, or the minority development
financing advisory board, when meeting to consider granting
assistance pursuant to Chapter 122. or 166. of the Revised Code,
in order to protect the interest of the applicant or the possible
investment of public funds, by unanimous vote of all board,
council,
or authority members present, may close the meeting
during
consideration of the following information confidentially
received by the authority, council, or board from
the
applicant:
(1) Marketing plans;
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or
members of the applicant's immediate family, including, but not
limited to,
tax records or other similar information not open to public
inspection.
The vote by the authority, council, or board to
accept
or reject the application, as well as all proceedings of the
authority, council, or board not subject to this
division,
shall be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a
reasonable method whereby any person may determine the time and
place of all regularly scheduled meetings and the time, place,
and purpose of all special meetings. A public body shall not
hold a special meeting unless it gives at least twenty-four
hours' advance notice to the news media that have requested
notification, except in the event of an emergency requiring
immediate official action. In the event of an emergency, the
member or members calling the meeting shall notify the news media
that have requested notification immediately of the time, place,
and purpose of the meeting.
The rule shall provide that any person, upon request
and payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this
section, the members of a public body may hold an executive
session only after a majority of a quorum of the public body
determines, by a roll call vote, to hold an executive
session and only
at a regular or special meeting for the sole purpose of the
consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for
the elected official's removal from office. If a public body holds
an executive
session pursuant to division (G)(1) of this section, the motion
and vote to hold that executive session shall state which one or
more of the approved purposes listed in division (G)(1) of this
section are the purposes for which the executive session is to be
held, but need not include the name of any person to be
considered at the meeting.
(2) To consider the purchase of property for public
purposes, or for the sale of property at competitive bidding, if
premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal,
private interest is adverse to the general public interest. No
member of a public body shall use division (G)(2) of
this section as a
subterfuge
for providing covert information to prospective buyers or
sellers. A purchase or sale of public property is void if the
seller or buyer of the public property has received covert
information from a member of a public body that has not been
disclosed to the general public in sufficient time for other
prospective buyers and sellers to prepare and submit offers.
If the minutes of the public body show that all meetings
and deliberations of the public body have been conducted in
compliance with this section, any instrument executed by the
public body purporting to convey, lease, or otherwise dispose of
any right, title, or interest in any public property shall be
conclusively presumed to have been executed in compliance with
this section insofar as title or other interest of any bona fide
purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the
subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations
or bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal
law or regulations or state statutes;
(6) Specialized details of security arrangements if
disclosure of the matters discussed might reveal information that
could be used for the purpose of committing, or avoiding
prosecution for, a violation of the law;
(7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, to consider trade
secrets, as defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this
section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of
this section shall not hold an executive session when meeting for the purposes
specified in that division.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting
that results from deliberations in a meeting not open to the
public is invalid unless the deliberations were for a purpose
specifically authorized in division (G) or (J) of this section and
conducted at an executive session held in compliance with this
section. A resolution, rule, or formal action adopted in an open
meeting is invalid if the public body that adopted the
resolution, rule, or formal action violated division (F) of this
section.
(I)(1) Any person may bring an action to enforce this section. An action
under
division (I)(1) of this section shall
be brought within two years after the date of the alleged
violation or threatened violation. Upon proof of a violation or
threatened violation of this section in an action brought by any
person, the court of common pleas shall issue an injunction to
compel the members of the public body to comply with its
provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall
order the public body that it enjoins to pay a civil forfeiture
of five hundred dollars to the party that sought the injunction
and shall award to that party all court costs and, subject to
reduction as described in
division (I)(2) of this section, reasonable attorney's
fees. The court, in its discretion, may reduce an award of
attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory
law and case law as it existed at the time of violation or
threatened violation that was the basis of the injunction, a
well-informed public body reasonably would believe that the
public body was not violating or threatening to violate this
section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an
injunction pursuant to division (I)(1) of this section and the
court determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that
sought the injunction shall be conclusively and irrebuttably
presumed upon proof of a violation or threatened violation of
this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of
common pleas for that purpose by the prosecuting attorney or the
attorney general.
(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code,
a veterans service commission shall hold an executive session for one or more
of the following purposes unless an applicant requests a public
hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised
Code;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the Revised Code.
(2) A veterans service commission shall not exclude an applicant for,
recipient of, or former recipient of financial assistance under sections
5901.01 to 5901.15 of the Revised Code, and
shall not exclude representatives selected by the
applicant, recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial assistance.
(3) A veterans service commission shall vote on the grant or denial of
financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open
meeting of the commission. The minutes of the meeting shall indicate the
name, address, and occupation
of the applicant, whether the assistance was granted or denied, the amount of
the assistance if assistance is granted, and the votes for and against the
granting of assistance.
Sec. 3313.68. The board of education of each city,
exempted village, or local school district may appoint one or
more school physicians and one or more school dentists. Two or
more school districts may unite and employ one such physician and
at least one such dentist whose duties shall be such as are
prescribed by law. Said school physician shall hold a license to
practice medicine in Ohio, and each school dentist shall be
licensed to practice in this state. School physicians and
dentists may be discharged at any time by the board of education.
School physicians and dentists shall serve one year and until
their successors are appointed and shall receive such
compensation as the board of education determines. The board of
education may also employ registered nurses, as defined by
section 4723.02 4723.01 and licensed as school nurses
under section 3319.22 of the Revised Code, to aid in such inspection
in such ways as are prescribed by it, and to aid in the conduct and
coordination of the school health service program. The school
dentists shall make such examinations and diagnoses and render
such remedial or corrective treatment for the school children as
is prescribed by the board of education; provided that all such
remedial or corrective treatment shall be limited to the children
whose parents cannot otherwise provide for same, and then only
with the written consent of the parents or guardians of such
children. School dentists may also conduct such oral hygiene
educational work as is authorized by the board of education.
The board of education may delegate the duties and powers
provided for in this section to the board of health or officer
performing the functions of a board of health within the school
district, if such board or officer is willing to assume the same.
Boards of education shall co-operate with boards of health in the
prevention and control of epidemics.
Sec. 3701.85. (A) As used in this section:
(1) "Automated external defibrillation" has the same
meaning as in section 2305.235 of the Revised Code.
(2) "Emergency medical services organization" has the same meaning
as in section 4765.01 of the Revised Code.
(3) "Emergency medical service provider" means a person
who is an "emergency medical technician-basic," "emergency
medical technician-intermediate," "emergency medical
technician-paramedic," or "first responder" as defined in
section 4765.01 of the Revised
Code.
(4) "Physician" has the same meaning as in section
4765.01 of the Revised Code.
(5) "Registered nurse" and "licensed practical nurse"
have the same meanings as in section 4723.02 4723.01 of the
Revised Code.
(B) A person who possesses an automated external defibrillator
shall do all of the following:
(1) Require expected users to complete successfully a course in automated
external defibrillation and cardiopulmonary resuscitation that
is offered or approved by the American heart association or
another nationally recognized organization;
(2) Maintain and test the defibrillator according to the
manufacturer's guidelines;
(3) Consult with a physician regarding compliance with the
requirements of divisions (B)(1) and (2) of this section.
(C) A person who possesses an automated external
defibrillator may notify an emergency medical services
organization of the location of the defibrillator.
(D) A person who has
obtained appropriate training on how to perform automated
external defibrillation and has successfully completed a course
in cardiopulmonary resuscitation may perform automated external
defibrillation, regardless of whether the person is a physician,
registered nurse, licensed practical nurse, or emergency medical
service provider. When automated external defibrillation is not
performed as part of an emergency medical services system or at
a hospital as defined in section 3727.01 of the Revised Code, an
emergency medical services system shall be activated as soon as
possible.
Sec. 3702.51. As used in sections 3702.51 to 3702.62 of
the Revised Code:
(A) "Applicant" means any person that submits an
application for a certificate of need and who is designated in
the application as the applicant.
(B) "Person" means any individual, corporation, business
trust, estate, firm, partnership, association, joint stock
company, insurance company, government unit, or other entity.
(C) "Certificate of need" means a written approval granted
by the director of health to an applicant to authorize conducting
a reviewable activity.
(D) "Health service area" means a geographic region
designated by the director of health under section 3702.58 of the
Revised Code.
(E) "Health service" means a clinically related service,
such as a diagnostic, treatment, rehabilitative, or preventive
service.
(F) "Health service agency" means an agency designated to
serve a health service area in accordance with section 3702.58 of
the Revised Code.
(G) "Health care facility" means:
(1) A hospital registered under section 3701.07 of the
Revised Code;
(2) A nursing home licensed under section 3721.02 of the
Revised Code, or by a political subdivision certified under
section 3721.09 of the Revised Code;
(3) A county home or a county nursing home as defined in
section 5155.31 of the Revised Code that is certified under Title
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(4) A freestanding dialysis center;
(5) A freestanding inpatient rehabilitation facility;
(6) An ambulatory surgical facility;
(7) A freestanding cardiac catheterization facility;
(8) A freestanding birthing center;
(9) A freestanding or mobile diagnostic imaging center;
(10) A freestanding radiation therapy center.
A health care facility does not include the offices of
private physicians and dentists whether for individual or group
practice, residential facilities licensed under section
5123.19 of the Revised Code, or habilitation centers certified by
the director of mental retardation and developmental disabilities
under section 5123.041 of the Revised Code, or an institution for
the sick that is operated exclusively for patients who use spiritual means for
healing and for whom the acceptance of medical care is inconsistent with their
religious beliefs, accredited by a national accrediting organization, exempt
from federal income taxation under section 501 of the Internal
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as
amended, and providing twenty-four hour nursing care pursuant to the exemption
in division (G)(E) of section 4723.32 of the Revised Code from
the licensing requirements of Chapter 4723. of the Revised Code.
(H) "Medical equipment" means a single unit of medical
equipment or a single system of components with related functions
that is used to provide health services.
(I) "Third-party payer" means a health insuring corporation
licensed under Chapter
1751.
of the Revised Code, a health maintenance organization as defined in
division (K) of this section, an
insurance company that issues sickness and accident insurance in
conformity with Chapter 3923. of the Revised Code, a
state-financed health insurance program under Chapter 3701.,
4123., or 5111. of the Revised Code, or any self-insurance plan.
(J) "Government unit" means the state and any county,
municipal corporation, township, or other political subdivision
of the state, or any department, division, board, or other agency
of the state or a political subdivision.
(K) "Health maintenance organization" means a public or
private organization organized under the law of any state that is
qualified under section 1310(d) of Title XIII of the "Public
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C.
300e-9.
(L) "Existing health care facility" means a health care
facility that is licensed or otherwise approved to practice in
this state, in accordance with applicable law, is staffed and
equipped to provide health care services, and actively provides
health services or has not been actively providing health
services for less than twelve consecutive months.
(M) "State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, institutions, and other
instrumentalities of the state of Ohio. "State" does not include
political subdivisions.
(N) "Political subdivision" means a municipal corporation,
township, county, school district, and all other bodies corporate
and politic responsible for governmental activities only in
geographic areas smaller than that of the state to which the
sovereign immunity of the state attaches.
(O) "Affected person" means:
(1) An applicant for a certificate of need, including an
applicant whose application was reviewed comparatively with the
application in question;
(2) The person that requested the reviewability ruling in question;
(3) Any person that resides or regularly uses health care
facilities within the geographic area served or to be served by
the health care services that would be provided under the
certificate of need or reviewability ruling in question;
(4) Any health care facility that is located in the health
service area where the health care services would be provided
under the certificate of need or reviewability ruling in question;
(5) Third-party payers that reimburse health care
facilities for services in the health service area where the
health care services would be provided under the certificate of need or
reviewability ruling in question;
(6) Any other person who testified at a public hearing
held under division (B) of section 3702.52 of the Revised Code or
submitted written comments in the course of review of the
certificate of need application in question.
(P) "Osteopathic hospital" means a hospital registered
under section 3701.07 of the Revised Code that advocates
osteopathic principles and the practice and perpetuation of
osteopathic medicine by doing any of the following:
(1) Maintaining a department or service of osteopathic
medicine or a committee on the utilization of osteopathic
principles and methods, under the supervision of an osteopathic
physician;
(2) Maintaining an active medical staff, the majority of
which is comprised of osteopathic physicians;
(3) Maintaining a medical staff executive committee that
has osteopathic physicians as a majority of its members.
(Q) "Ambulatory surgical facility" has the same meaning as in
section 3702.30 of the Revised Code.
(R) Except as otherwise provided in division (T) of this section, and until
the termination date specified in section 3702.511 of the Revised Code,
"reviewable activity" means any of the following:
(1) The addition
by any person of any of the following health
services, regardless of the amount of operating costs or capital
expenditures:
(a) A heart, heart-lung, lung, liver, kidney, bowel,
pancreas, or bone marrow transplantation service, a stem cell harvesting and
reinfusion service, or a service for transplantation
of any other organ unless transplantation of the organ is
designated by public health council rule not to be a reviewable
activity;
(b) A cardiac catheterization service;
(c) An open-heart surgery service;
(d) Any new, experimental medical technology
that is designated by rule of the public health council.
(2) The acceptance of high-risk patients, as defined in
rules adopted under section 3702.57 of the Revised Code, by any cardiac
catheterization service that was initiated without a certificate of
need pursuant to division
(R)(3)(b) of the version of this section in effect
immediately prior to April 20,
1995;
(3)(a) The establishment, development, or construction of a
new health care facility other than a new long-term care facility or a new
hospital;
(b) The establishment, development, or construction of a new hospital or
the relocation of an existing hospital;
(c) The relocation of hospital beds, other than long-term care,
perinatal, or pediatric intensive care beds, into or out of a rural
area.
(4)(a) The replacement of an existing hospital;
(b) The replacement of an existing hospital obstetric or
newborn care unit or freestanding birthing
center.
(5)(a) The renovation of a hospital
that involves
a capital expenditure, obligated on or after the effective date of
this amendment, of five million dollars or more,
not including expenditures for equipment, staffing, or operational costs. For
purposes of division (R)(5)(a) of this
section, a capital expenditure is obligated:
(i) When a contract enforceable under Ohio law is entered
into for the construction, acquisition, lease, or financing of a capital
asset;
(ii) When the governing body of a hospital takes formal action to
commit its own funds for a construction project undertaken by the hospital as
its own contractor;
(iii) In the case of donated property, on the date the gift is
completed under applicable Ohio law.
(b) The renovation of a hospital obstetric or newborn care
unit
or freestanding birthing center that involves a capital expenditure of five
million dollars or more, not including expenditures for equipment, staffing,
or operational costs.
(6) Any change in the health care services, bed capacity,
or site, or any other failure to conduct the reviewable activity
in substantial accordance with the approved application for which
a certificate of need was granted, if the change is made prior to
the date the activity for which the certificate was issued ceases to be a
reviewable activity;
(7) Any of the following changes in perinatal bed capacity or pediatric
intensive care bed capacity:
(a) An increase in bed capacity;
(b) A change in service or service-level
designation of newborn care beds or obstetric beds in a hospital or
freestanding birthing center, other than a change of service that is provided
within the service-level designation of newborn care or obstetric beds as
registered by the department of health;
(c) A relocation of perinatal or pediatric
intensive care beds from one physical facility or
site to another, excluding the relocation of beds within a
hospital or freestanding birthing
center or the relocation of beds among buildings of a
hospital or freestanding birthing
center at the same site.
(8) The expenditure of more than one hundred ten per cent
of the maximum expenditure specified in a certificate of need;
(9) Any transfer of a certificate of need issued prior to April
20, 1995, from the person
to whom it was issued to another person before the project that
constitutes a reviewable activity is completed, any agreement
that contemplates the transfer of a certificate of need issued prior to that
date upon
completion of the project, and any transfer of the controlling
interest in an entity that holds a certificate of need issued prior to that
date. However, the transfer of a certificate of need issued prior to that
date or agreement to
transfer such a certificate of need from the person to whom the
certificate of need was issued to an affiliated or related person
does not constitute a reviewable transfer of a certificate of
need for the purposes of this division, unless the transfer
results in a change in the person that holds the
ultimate controlling interest in the certificate of need.
(10)(a) The acquisition by any person of any of the following medical
equipment,
regardless of the amount of operating costs or capital expenditure:
(i) A cobalt radiation therapy unit;
(ii) A linear accelerator;
(iii) A gamma knife unit.
(b) The acquisition by any person of medical equipment with a
cost of two million dollars or more. The cost of acquiring medical equipment
includes the sum of the following:
(i) The greater of its fair market value or the cost of its lease
or purchase;
(ii) The cost of installation and any other activities essential
to the acquisition of the equipment and its placement into service.
(11) The addition of another cardiac
catheterization laboratory to an existing cardiac
catheterization service.
(S) Except as provided in division
(T) of this section,
"reviewable activity" also means any of the following
activities, none of which are subject to a termination date:
(1) The establishment, development, or construction of a
new long-term care facility;
(2) The replacement of an existing long-term care
facility;
(3) The renovation of a long-term care facility that
involves a capital expenditure of two million dollars or more,
not including expenditures for equipment, staffing, or
operational costs;
(4) Any of the following changes in long-term care bed
capacity:
(a) An increase in bed capacity;
(b) A relocation of beds from one
physical facility or site to another, excluding the relocation
of beds within a long-term care facility or among buildings of a
long-term care facility at the same site;
(c) A recategorization of hospital
beds registered under section 3701.07 of the
Revised
Code from another registration
category to skilled nursing beds or long-term care beds.
(5) Any change in the health services, bed capacity, or
site, or any other failure to conduct the reviewable activity in
substantial accordance with the approved application for which a
certificate of need concerning long-term care beds was granted,
if the change is made within five years after the implementation
of the reviewable activity for which the certificate was
granted;
(6) The expenditure of more than one hundred ten per cent
of the maximum expenditure specified in a certificate of need
concerning long-term care beds;
(7) Any transfer of a certificate of need that concerns
long-term care beds and was issued prior to
April 20, 1995, from the person
to whom it was issued to another person before the project that
constitutes a reviewable activity is completed, any agreement
that contemplates the transfer of such a certificate of need
upon completion of the project, and any transfer of the
controlling interest in an entity that holds such a certificate
of need. However, the transfer of a certificate of need that
concerns long-term care beds and was issued prior to
April 20, 1995, or agreement to
transfer such a certificate of need from the person to whom the
certificate was issued to an affiliated or related person does
not constitute a reviewable transfer of a certificate of need
for purposes of this division, unless the transfer results in a
change in the person that holds the ultimate controlling
interest in the certificate of need.
(T) "Reviewable activity" does not include any of the
following activities:
(1) Acquisition of computer hardware or software;
(2) Acquisition of a telephone system;
(3) Construction or acquisition of parking facilities;
(4) Correction of cited deficiencies that are in violation
of federal, state, or local fire, building, or safety laws and
rules and that constitute an imminent threat to public health or
safety;
(5) Acquisition of an existing health care facility that
does not involve a change in the number of the beds, by service,
or in the number or type of health services;
(6) Correction of cited deficiencies identified by
accreditation surveys of the joint commission on accreditation of
healthcare organizations or of the American osteopathic
association;
(7) Acquisition of medical equipment to replace the same
or similar equipment for which a certificate of need has been
issued if the replaced equipment is removed from service;
(8) Mergers, consolidations, or other corporate
reorganizations of health care facilities that do not involve a
change in the number of beds, by service, or in the number or
type of health services;
(9) Construction, repair, or renovation of bathroom
facilities;
(10) Construction of laundry facilities, waste disposal
facilities, dietary department projects, heating and air
conditioning projects, administrative offices, and portions of
medical office buildings used exclusively for physician services;
(11) Acquisition of medical equipment to conduct research
required by the United States food and drug administration or
clinical trials sponsored by the national institute of health.
Use of medical equipment that was acquired without a certificate
of need under division (T)(11) of this section and for
which
premarket approval has been granted by the United States food and
drug administration to provide services for which patients or
reimbursement entities will be charged shall be a reviewable
activity.
(12) Removal of asbestos from a health care facility.
Only that portion of a project that meets the requirements
of division (T) of this section is not a reviewable
activity.
(U) "Small rural hospital" means a hospital that is
located within a rural area, has fewer than
one hundred beds, and to which fewer than four thousand persons
were admitted during the most recent calendar year.
(V) "Children's hospital" means any of the following:
(1) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(2) A distinct portion of a hospital registered under
section 3701.07 of the Revised Code that provides general
pediatric medical and surgical care, has a total of at least one
hundred fifty registered pediatric special care and pediatric
acute care beds, and in which at least seventy-five per cent of
annual inpatient discharges for the preceding two calendar years
were individuals less than eighteen years of age;
(3) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (V)(1) of this section.
(W) "Long-term care facility" means any of the following:
(1) A nursing home licensed under section 3721.02 of the
Revised Code or by a political subdivision certified under section 3721.09 of
the Revised Code;
(2) The portion of any facility, including a county home or county
nursing home, that is certified as a skilled nursing facility or a nursing
facility under Title XVIII or XIX of the "Social Security Act";
(3) The portion of any hospital that contains beds registered under
section 3701.07 of the Revised Code as skilled nursing beds or long-term care
beds.
(X) "Long-term care bed" means a bed in a long-term care facility.
(Y) "Perinatal bed" means a bed in a hospital that is registered under
section 3701.07 of the Revised Code as a newborn care bed or obstetric bed, or
a bed in a freestanding birthing center.
(Z) "Freestanding birthing center" means any facility in which
deliveries routinely occur, regardless of whether
the facility is located on the campus of another health care facility, and
which is not licensed under Chapter 3711. of
the Revised
Code as a level one, two, or three maternity
unit or a limited maternity unit.
(AA)(1) "Reviewability ruling" means a ruling issued by the
director of health under division (A) of section 3702.52 of the Revised Code
as to whether a particular proposed project is or is not a
reviewable activity.
(2) "Nonreviewability ruling" means a ruling issued under
that division that a particular proposed project is not a reviewable
activity.
(BB)(1) "Metropolitan
statistical area" means an area of this state designated a
metropolitan statistical area or primary metropolitan
statistical area in United
States office of management and
budget bulletin No. 93-17,
June 30, 1993, and its
attachments.
(2) "Rural area" means any area of this state not located
within a metropolitan statistical area.
Sec. 3719.13. Prescriptions, orders, and records, required
by Chapter 3719. of the Revised Code, and stocks of dangerous
drugs and controlled substances, shall be open for inspection
only to federal, state, county, and municipal officers, and
employees of the state board of pharmacy whose duty it is to
enforce the laws of this state or of the United States relating
to controlled substances. Such prescriptions, orders, records,
and stocks shall be open for inspection by employees of the state
medical board for purposes of enforcing Chapter 4731. of the
Revised Code AND EMPLOYEES OF THE BOARD OF NURSING FOR PURPOSES OF
ENFORCING CHAPTER 4723. of the Revised Code. No person having knowledge of any
such prescription, order, or record shall divulge such knowledge,
except in connection with a prosecution or proceeding in court or
before a licensing or registration board or officer, to which
prosecution or proceeding the person to whom such prescriptions,
orders, or records relate is a party.
Sec. 3721.34. For purposes of implementing sections
3721.28 to 3721.33 of the Revised Code, the director of health
may advise, consult or cooperate with, or enter into agreements
with the board of nursing, other state agencies and,
political
subdivisions, the federal government, or any person.
The
director may enter into agreements that provide for the board of
nursing or another A state agency to do any of the following:
(A) Approve or reapprove, in accordance with division (A)
of section 3721.31 of the Revised Code and the rules adopted by
the director under section 3721.30 of the Revised Code,
competency evaluation programs and training and competency
evaluation programs, or, in accordance with rules adopted by the
director under section 3721.30 of the Revised Code, programs to
train instructors and coordinators for training and competency
evaluation programs and evaluators for competency evaluation
programs, and to perform any functions related to approval and
reapproval of those programs including any of the following:
(1) Conduct adjudications under Chapter 119. of the
Revised Code;
(2) Conduct the inspections and examinations described in
division (A)(5) or (D) of section 3721.31 of the Revised Code;
(3) Deny, suspend, or revoke approval or reapproval, in
accordance with Chapter 119. of the Revised Code, of programs
that are not in compliance with sections 3721.30 and 3721.31 of
the Revised Code and the rules adopted thereunder;
(4) Collect the fees described in division (G) of section
3721.31 of the Revised Code in the amounts prescribed in rules
adopted by the director of health under section 3721.30 of the
Revised Code and deposit them into the nurse aide training fund
created by section 3721.33 of the Revised Code.
(B) Approve or deny, in accordance with Chapter 119. of
the Revised Code, the requests described in division (B)(2) of
section 3721.31 of the Revised Code.
Sec. 3727.01. As used in this section, "health maintenance
organization" means a public or private organization organized
under the law of any state that is qualified under section
1310(d) of Title XIII of the "Public Health Service Act," 87
Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the
following:
(A) Provides or otherwise makes available to enrolled
participants health care services including at least the
following basic health care services: usual physician services,
hospitalization, laboratory, x-ray, emergency and preventive
service, and out-of-area coverage;
(B) Is compensated, except for copayments, for the
provision of basic health care services to enrolled participants
by a payment that is paid on a periodic basis without regard to
the date the health care services are provided and that is fixed
without regard to the frequency, extent, or kind of health
service actually provided;
(C) Provides physician services primarily in either of the
following ways:
(1) Directly through physicians who are either employees
or partners of the organization;
(2) Through arrangements with individual physicians or one
or more groups of physicians organized on a group practice or
individual practice basis.
As used in this chapter, "hospital" means an institution
classified as a hospital under section 3701.07 of the Revised
Code in which are provided to inpatients diagnostic, medical,
surgical, obstetrical, psychiatric, or rehabilitation care for a
continuous period longer than twenty-four hours; a tuberculosis
hospital; or a hospital operated by a health maintenance
organization. "Hospital" does not include a facility licensed
under Chapter 3721. of the Revised Code, a health care facility
operated by the department of mental health or the department of
mental retardation and developmental disabilities, a health
maintenance organization that does not operate a hospital, the
office of any private licensed health care professional, whether
organized for individual or group practice, or a clinic that
provides ambulatory patient services and where patients are not
regularly admitted as inpatients. "Hospital" also does not include an
institution for
the sick that is operated exclusively for patients who use spiritual means for
healing and for whom the acceptance of medical care is inconsistent with their
religious beliefs, accredited by a national accrediting organization, exempt
from federal income taxation under section 501 of the Internal
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,
as
amended, and providing twenty-four hour nursing care pursuant to the exemption
in division (G)(E) of section 4723.32 of the Revised Code from
the licensing requirements of Chapter 4723. of the Revised Code.
Sec. 4723.02 4723.01. As used in this chapter:
(A) "Registered nurse" means an individual who holds a
current, valid license issued under this chapter that authorizes
the practice of nursing as a registered nurse.
(B) "Practice of nursing as a registered nurse" means
providing to individuals and groups nursing care requiring
specialized knowledge, judgment, and skill derived from the
principles of biological, physical, behavioral, social, and
nursing sciences. Such nursing care includes:
(1) Identifying patterns of human responses to actual or
potential health problems amenable to a nursing regimen;
(2) Executing a nursing regimen through the selection,
performance, management, and evaluation of nursing actions;
(3) Assessing health status for the purpose of providing
nursing care;
(4) Providing health counseling and health teaching;
(5) Administering medications, treatments, and executing
regimens authorized by an individual who is
authorized to practice in this state and is acting within the course of the
individual's professional practice;
(6) Teaching, administering, supervising, delegating, and
evaluating nursing practice.
(C) "Nursing regimen" may include preventative,
restorative, and health-promotion activities.
(D) "Assessing health status" means the collection of data
through nursing assessment techniques, which may include
interviews, observation, and physical evaluations for the purpose
of providing nursing care.
(E) "Licensed practical nurse" means an individual who
holds a current, valid license issued under this chapter that
authorizes the practice of nursing as a licensed practical nurse.
(F) "The practice of nursing as a licensed practical
nurse" means providing to individuals and groups nursing care
requiring the application of basic knowledge of the biological,
physical, behavioral, social, and nursing sciences at the
direction of a licensed physician, dentist, podiatrist,
optometrist, CHIROPRACTOR, or registered nurse. Such nursing
care includes:
(1) Observation, patient teaching, and care in a diversity
of health care settings;
(2) Contributions to the planning, implementation, and
evaluation of nursing;
(3) Administration of medications and treatments
authorized by an individual who is
authorized to practice in this state and is acting within the course of the
individual's professional practice, except that administration of
intravenous therapy shall be performed only in accordance with section
4723.17
of the Revised Code. Medications may be administered by a licensed
practical nurse upon proof of completion of a course in
medication administration approved by the board of nursing.
(4) Administration to an adult of intravenous therapy
authorized by an individual who is authorized to practice in this
state and is acting within the course of the individual's professional
practice, on the condition that the licensed practical nurse is authorized
by the board of nursing pursuant to section 4723.17 of
the Revised Code to perform intravenous therapy
and performs intravenous
therapy only in accordance with section 4723.17 of the
Revised Code.
(G) "Certified registered
nurse anesthetist" means a registered nurse who holds a valid
certificate of authority issued under this chapter that
authorizes the practice of nursing as a certified registered
nurse anesthetist in accordance with section 4723.43 of the
Revised Code and rules adopted by the board of
nursing.
(H) "Clinical nurse specialist" means a registered
nurse who holds a valid certificate of authority issued under
this chapter that authorizes the practice of nursing as a
clinical nurse specialist in accordance with section 4723.43 of
the Revised Code and rules adopted by the board
of nursing.
(I) "Certified nurse-midwife" means a registered nurse who
holds a valid certificate of authority issued under this chapter
that authorizes the practice of nursing as a certified nurse-midwife in
accordance with section 4723.43 of the Revised
Code and rules adopted by the board of nursing.
(J) "Certified nurse practitioner" means a registered nurse
who holds a valid certificate of authority issued under this
chapter that authorizes the practice of nursing as a certified nurse
practitioner in accordance with section 4723.43 of the
Revised Code and rules adopted by the board of
nursing.
(K) "Physician" means an individual
authorized under Chapter 4731. of
the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery.
(L) "Collaboration" or "collaborating" means the
following:
(1) In the case of a clinical nurse specialist, except
as provided in division (L)(3) of this section, or a
certified nurse
practitioner, that one or more podiatrists acting
within the scope of
practice of podiatry in accordance with section 4731.51 of the
Revised Code and with whom the nurse has entered into a
standard care arrangement or one or more physicians
with whom the nurse has entered into a
standard care arrangement are continuously
available to communicate with the clinical nurse specialist or
certified nurse practitioner either in person or by radio, telephone, or
other form of telecommunication;
(2) In the case of a certified nurse-midwife, that one
or more physicians with whom the certified nurse-midwife has entered into
a standard care arrangement are
continuously available to communicate with the certified nurse-midwife
either in person or by radio, telephone, or other form of
telecommunication;
(3) In the case of a clinical nurse specialist who practices
the nursing specialty of mental health or psychiatric
mental health without being authorized to prescribe drugs and therapeutic
devices, that one or more physicians are
continuously
available to communicate with the nurse either in person or by radio,
telephone, or other form of telecommunication.
(M) "Supervision," as it pertains to a certified
registered nurse
anesthetist, means that a the certified
registered nurse anesthetist is under the direction of a podiatrist acting
within the podiatrist's scope of practice in accordance with section 4731.51
of the Revised
Code, a dentist acting within the dentist's
scope of practice in accordance with Chapter
4715. of the Revised
Code, or a physician, and, when administering
anesthesia, the certified registered nurse anesthetist is in the immediate
presence of the podiatrist, dentist, or physician.
(N) "Standard care arrangement," except as it
pertains to an advanced practice nurse, means a
written, formal guide for planning and evaluating a patient's health care that
is developed by one or more collaborating
physicians or podiatrists and a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner and meets
the requirements of section 4723.431 of the
Revised Code.
(O) "Advanced practice nurse," until three years and eight months
after this amendment MAY 17, 2000, means a
registered nurse who is approved by the
board of nursing under section 4723.55 of the Revised Code
to practice as an
advanced practice nurse.
Sec. 4723.04 4723.02. The state nurses' board shall be
known as
the board of nursing. The board shall assume and exercise all
the powers and perform all the duties conferred and imposed on it
by this chapter concerning nurses and nursing and the regulation
thereof. The
THE board shall consist of thirteen members who shall
be citizens of the United States and residents of Ohio. Eight
members shall be registered nurses, each of whom shall be a
graduate of an approved program of nursing education that
prepares persons for licensure as a registered nurse, shall hold
a currently active license issued under this chapter to practice
nursing as a registered nurse, and shall have been actively
engaged in the practice of nursing as a registered nurse for the
five years immediately preceding the member's initial appointment
to the board. Of the eight members who are registered nurses, at least one
shall hold a valid certificate of authority issued under this chapter that
authorizes the practice of nursing as a certified registered nurse
anesthetist, clinical nurse specialist, certified
nurse-midwife, or certified nurse
practitioner. Four members shall be
licensed practical nurses,
each of whom shall be a graduate of an approved program of
nursing education that prepares persons for licensure as a
practical nurse, shall hold a currently active license issued
under this chapter to practice nursing as a licensed practical
nurse, and shall have been actively engaged in the practice of
nursing as a licensed practical nurse for the five years
immediately preceding the member's initial appointment to the
board. One member shall represent the interests of consumers of
health care. Neither this member nor any person in the member's
immediate family shall be a member of or associated with a health
care provider or profession or shall have a financial interest in
the delivery or financing of health care. Representation of
nursing service and nursing education and of the various
geographical areas of the state shall be considered in making
appointments. As
AS the term of any member of the board expires, a
successor shall be appointed who has the qualifications the
vacancy requires. Terms of office shall be for five FOUR years,
commencing on the first day of January and ending on the
thirty-first day of December. Each
A CURRENT OR FORMER BOARD MEMBER WHO HAS SERVED NOT MORE THAN ONE FULL TERM
OR ONE FULL TERM AND NOT MORE THAN THIRTY MONTHS OF ANOTHER TERM MAY BE
REAPPOINTED FOR ONE ADDITIONAL TERM.
EACH member shall hold office from
the date of appointment until the end of the term for which the
member was appointed. The term of a member shall expire if the
member ceases to meet any requirement of this section for the
member's position on the board. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which
the member's predecessor was appointed shall hold office for
the remainder
of such term. A person who has served a full term on the board
or more than thirty months of the remainder of the term of a
predecessor shall not be eligible for a subsequent appointment to
the board. Any member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
Nursing
NURSING organizations of this state may each submit to the
governor the names of not more than five nominees for each
position to be filled on the board. From the names so submitted
or from others, at the governor's discretion, the governor
with the advice
and consent of the senate shall make such appointments.
Any member of the board may be removed by the governor for
neglect of any duty required by law or for incompetency or
unprofessional or dishonorable conduct, after a hearing as
provided in Chapter 119. of the Revised Code. Seven
SEVEN members of
the board including at least four registered nurses and at least
one licensed practical nurse shall at all times constitute a
quorum.
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 in attendance at board meetings and in discharge of
official duties, and in addition thereto, necessary expense
incurred in the performance of such duties.
The board shall elect one of its nurse members as president
and one as vice-president. THE BOARD SHALL ELECT ONE OF ITS REGISTERED
NURSE MEMBERS TO SERVE AS THE SUPERVISING MEMBER FOR DISCIPLINARY MATTERS.
The board may establish advisory groups to serve in
consultation with the board or the executive director. Each
advisory group shall be given a specific charge in writing and
shall report to the board. Members of advisory groups shall
serve without compensation but shall receive their actual and
necessary expenses incurred in the performance of their official
duties.
Sec. 4723.021. IN THE ABSENCE OF FRAUD OR BAD FAITH,
THE BOARD OF NURSING, A CURRENT OR FORMER BOARD MEMBER, AN AGENT OF
THE BOARD, A REPRESENTATIVE OF THE BOARD, 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
A CURRENT OR FORMER BOARD MEMBER OR AGENT, REPRESENTATIVE, OR EMPLOYEE OF THE
BOARD 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. 4723.06. (A) The board of nursing shall:
(1) Administer and enforce the provisions of this chapter,
including the taking of disciplinary action for violations of
section 4723.28 of the Revised Code, any other provisions of this
chapter, or rules promulgated ADOPTED under Chapter 119. of
the Revised
Code THIS CHAPTER;
(2) Examine applicants DEVELOP CRITERIA THAT AN APPLICANT MUST MEET
TO BE ELIGIBLE TO SIT FOR THE EXAMINATION for licensure to practice as a
registered nurse or as a licensed practical nurse;
(3) Issue and renew licenses as provided in this chapter;
(4) Define the minimum curricula and standards for
educational programs of the schools of professional nursing and
schools of practical nursing in this state;
(5) Survey, inspect, and grant full approval to
prelicensure nursing education programs that
meet the standards established by rules adopted under section
4723.07 of the Revised Code. Prelicensure nursing education
programs include, but are not limited to, associate degree,
baccalaureate degree, diploma, and doctor of nursing programs
leading to initial licensure to practice nursing as a registered
nurse and practical nurse programs leading to initial licensure
to practice nursing as a licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of
the board, to a new prelicensure nursing education program or a
program that is being
reestablished after having ceased to operate, if the program meets and
maintains
the minimum standards of the
board established by rules adopted under section 4723.07 of the
Revised Code. If the board does not grant conditional approval,
it shall hold a hearing AN ADJUDICATION under Chapter 119. of
the Revised Code to
consider conditional approval of the program. If
the board grants conditional approval, at its first meeting after
the first class has completed the program, the board shall
determine whether to grant full approval to the program. If the board
does not
grant full approval or if it
appears that the program has failed to meet and maintain
standards established by rules adopted under section 4723.07 of
the Revised Code, the board shall hold a hearing AN ADJUDICATION
under Chapter
119. of the Revised Code to consider the program. Based on
results of the hearing ADJUDICATION, the board may continue or
withdraw
conditional approval, or grant full approval.
(7) Place on provisional approval, for a period of time
specified by the board, a program that has ceased
to meet and maintain the minimum standards of the board
established by rules adopted under section 4723.07 of the Revised
Code. At the end of the period, the board shall reconsider
whether the program meets the standards and
shall
grant full approval if it does. If it does not, the board may
withdraw approval, pursuant to a hearing AN ADJUDICATION under
Chapter 119. of
the Revised Code.
(8) Approve continuing nursing education programs and
courses under standards established in rules adopted under
section 4723.07 of the Revised Code;
(9) Approve peer support programs for nurses under rules
adopted under section 4723.07 of the Revised Code;
(10) Establish the alternative program for chemically dependent nurses
A PROGRAM FOR MONITORING CHEMICAL DEPENDENCY in
accordance with section 4723.35 of the Revised Code;
(11) Establish the practice intervention and improvement program in
accordance with section 4723.282 of the Revised Code;
(12) Issue and renew certificates of authority to practice nursing
as a
certified registered nurse anesthetist, clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner;
(13) Approve under section 4723.46 of the
Revised Code
national certifying organizations for examination and certification of
certified registered nurse anesthetists, clinical nurse specialists, certified
nurse-midwives, or certified nurse practitioners;
(14) Issue and renew certificates to prescribe in accordance with
sections 4723.48 and 4723.484 4723.485 of the Revised Code;
(15) Grant approval to the planned classroom and clinical
study required by section 4723.483 of the Revised Code to be
eligible for a certificate to prescribe;
(16) Make an annual edition of
the formulary established in rules adopted under section
4723.50 of the Revised Code available to the public either
in printed form or by electronic means and, as soon as possible after
any revision of the formulary becomes effective, make the
revision available to the public in printed form or by
electronic means;
(17) PROVIDE GUIDANCE AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY,
THE GOVERNOR, STATE AGENCIES, AND THE FEDERAL GOVERNMENT WITH RESPECT TO THE
REGULATION OF THE PRACTICE OF NURSING AND THE ENFORCEMENT OF THIS CHAPTER;
(18) Make an annual report to the governor, which shall be
open for public inspection;
(18)(19) Maintain and have open for public inspection the
following records:
(a) A record of all its meetings and proceedings;
(b) A file of applicants for and holders of licenses,
registrations, and certificates granted under this chapter. The
file shall be maintained in the form prescribed by rule of the
board.
(c) A list of prelicensure nursing education programs
approved by the board;
(d) A list of approved peer support programs for nurses.
(B) The board may fulfill the requirement of division
(A)(8) of this section by authorizing persons who meet the
standards established in rules adopted under division (F) of
section 4723.07 of the Revised Code to approve continuing nursing
education programs and courses. Persons so authorized shall
approve continuing nursing education programs and courses in
accordance with standards established in rules adopted under
division (E) of section 4723.07 of the Revised Code.
Persons seeking authorization to approve continuing nursing
education programs and courses shall apply to the board and pay
the appropriate fee established under section 4723.08 of the
Revised Code. Authorizations to approve continuing nursing
education programs and courses shall expire at the end of the two-year
period
beginning the date of issuance, and may be renewed by the
board, ACCORDING TO THE SCHEDULE ESTABLISHED IN RULES ADOPTED
UNDER SECTION 4723.07 OF THE REVISED CODE.
Sec. 4723.061. The THIS CHAPTER DOES NOT REQUIRE THE board of
nursing may enter into agreements with the
director of health under section 3721.34 of the Revised Code to assist the
director in implementing sections 3721.28 to 3721.34 of the Revised Code. Any
money received by the board from the department of health pursuant to such
agreements shall be deposited in the nurse aide fund, which is hereby created
in the state treasury. The board shall use the fund to pay the costs it
incurs
in carrying out such agreements TO ACT ON MINOR VIOLATIONS OF THIS
CHAPTER OR THE RULES ADOPTED UNDER IT, IF THE VIOLATIONS ARE COMMITTED BY
INDIVIDUALS LICENSED UNDER THIS CHAPTER AND THE BOARD DETERMINES THAT THE
PUBLIC IS ADEQUATELY PROTECTED BY ISSUING A NOTICE OR WARNING TO THE
ALLEGED OFFENDER.
Sec. 4723.07. In accordance with Chapter 119. of the
Revised Code, the board of nursing shall adopt and may amend and
rescind rules THAT ESTABLISH ALL OF THE FOLLOWING:
(A) Providing PROVISIONS for its THE BOARD'S
government and control of its
actions and business affairs;
(B) Establishing minimum MINIMUM curricula and standards for
nursing education programs that prepare graduates to take
licensing examinations, BE LICENSED UNDER THIS CHAPTER and
establishing procedures for granting,
renewing,
and withdrawing approval of those programs;
(C) Establishing requirements CRITERIA that applicants for
licensure must meet to be permitted ELIGIBLE to take
licensing
examinations;
(D) Governing the administration and conduct of
examinations
for licensure to practice nursing as a registered
nurse or as a licensed practical nurse;
(D) STANDARDS AND PROCEDURES FOR RENEWAL OF THE LICENSES AND
CERTIFICATES OF AUTHORITY ISSUED BY THE BOARD;
(E) Establishing standards STANDARDS for approval of continuing
nursing education programs and courses for registered nurses,
licensed practical nurses, certified registered nurse anesthetists,
clinical nurse specialists, certified nurse-midwives, and certified nurse
practitioners. The standards may provide for
approval of continuing nursing education programs and courses that have
been approved by other state boards of nursing or by national
accreditation systems for nursing, including, but not limited to,
the American nurses' credentialing center and the national
association for practical nurse education and service.
(F) Establishing standards STANDARDS that persons must meet to
be
authorized by the board to approve continuing nursing education
programs and courses and a schedule to have BY WHICH that
authorization EXPIRES AND MAY BE renewed;
(G) Establishing requirements REQUIREMENTS, including
continuing
education requirements, for restoring inactive licenses and
licenses that have lapsed through failure to renew;
(H) Governing conditions CONDITIONS that may be imposed for
reinstatement following action taken under sections 2301.373,
4723.28, and 4723.281 of the Revised Code resulting in a
suspension from
practice;
(I) Establishing standards STANDARDS for approval of peer
support
programs for nurses;
(J) Establishing requirements REQUIREMENTS for board
approval of courses in medication administration by licensed
practical nurses;
(K) Establishing criteria for specialty certification
of
registered nurses;
(L) Establishing criteria CRITERIA for evaluating the
qualifications of an applicant
who is applying for a
license by endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under division
(E) of section 4723.41 of the Revised Code;
(M) Establishing universal (L) UNIVERSAL blood and
body fluid
precautions that shall be used by each person licensed under this
chapter who performs exposure-prone invasive procedures. The
rules shall define and establish requirements for universal blood
and body fluid precautions that include the following:
(1) Appropriate use of hand washing;
(2) Disinfection and sterilization of equipment;
(3) Handling and disposal of needles and other sharp
instruments;
(4) Wearing and disposal of gloves and other protective
garments and devices.
(N) Establishing standards (M) STANDARDS and
procedures for
approving certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner, and for renewal of those
certificates;
(O) Establishing quality (N) QUALITY assurance
standards for certified registered nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, or certified nurse practitioners;
(P) Establishing additional (O) ADDITIONAL criteria
for the standard care arrangement required by section 4723.431 of the
Revised Code
entered into by a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner and the nurse's collaborating physician or
podiatrist;
(Q) Establishing continuing (P) CONTINUING education
standards for clinical nurse specialists who are exempt under division
(C) of section 4723.41 of the
Revised Code
from the requirement of having passed a certification examination;
(Q) FOR PURPOSES OF DIVISION (B)(26) OF SECTION 4723.28
of the Revised Code, THE ACTIONS, OMISSIONS, OR OTHER CIRCUMSTANCES THAT CONSTITUTE A NURSE'S
FAILURE TO ESTABLISH AND MAINTAIN PROFESSIONAL BOUNDARIES WITH A PATIENT.
Subject to Chapter 119. of the Revised Code, the THE board may
adopt other rules necessary to carry out the provisions of this
chapter. THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER
119. of the Revised Code.
Sec. 4723.08. (A) The board of nursing may impose fees
not to exceed the following limits:
(1) For application for licensure by examination to
practice nursing as a registered nurse or as a licensed practical
nurse, fifty dollars;
(2) For application for licensure by endorsement to
practice nursing as a registered nurse or as a licensed practical
nurse, fifty dollars;
(3) For application for a certificate of authority to practice nursing
as a certified registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner, one hundred
dollars;
(4) For application for a certificate to prescribe, fifty dollars;
(5) For verification of a license or certificate to another
jurisdiction, fifteen dollars;
(6) For providing a replacement copy of a license or
certificate, fifteen dollars;
(7) For biennial renewal of any license, thirty-five
dollars;
(8) For EXCEPT AS PROVIDED IN DIVISION (C) OF THIS
SECTION, FOR biennial renewal of a certificate of authority to
practice
nursing as a certified registered nurse anesthetist, clinical nurse
specialist,
certified nurse-midwife, or certified nurse practitioner, one hundred
EIGHTY-FIVE dollars;
(9) For renewal of a certificate to prescribe,
fifty dollars;
(10) For processing a late application for renewal of any
license or certificate, fifty dollars;
(11) For application for authorization to approve
continuing nursing education programs and courses from an
applicant accredited by a national accreditation system for
nursing, five hundred dollars;
(12) For application for authorization to approve
continuing nursing education programs and courses from an
applicant not accredited by a national accreditation system for
nursing, one thousand dollars;
(13) For each year for
which authorization to approve
continuing nursing education programs and courses is renewed,
one hundred fifty dollars;
(14) FOR REINSTATEMENT OF A LAPSED LICENSE OR CERTIFICATE, ONE HUNDRED
DOLLARS;
(15) For written verification of a license or
certificate,
other than verification to another jurisdiction, five dollars.
The board may contract for services pertaining to this
verification process and the collection of the fee, and may
permit the contractor to retain a portion of the fees as
compensation, before any amounts are deposited into the state
treasury.
(B) Each quarter, FOR PURPOSES OF TRANSFERRING FUNDS UNDER SECTION
4743.05 of the Revised Code TO THE NURSE EDUCATION ASSISTANCE FUND CREATED IN SECTION 3333.28
of the Revised Code, the board of nursing shall certify to
the director of budget and management the number of biennial
licenses renewed under this chapter during the preceding quarter
and the amount equal to that number times five dollars.
(C) THE FEE FOR BIENNIAL RENEWAL OF A CERTIFICATE OF AUTHORITY
TO PRACTICE NURSING AS A CERTIFIED NURSE-MIDWIFE, CERTIFIED REGISTERED NURSE
ANESTHETIST, CERTIFIED NURSE
PRACTITIONER, OR CLINICAL NURSE SPECIALIST THAT EXPIRES ON OR BEFORE
AUGUST 31, 2005, IS ONE HUNDRED DOLLARS.
Sec. 4723.39 4723.081. The board of nursing, subject to the
approval of the
controlling
board, may establish fees in excess of the amounts provided by section 4723.08
of the Revised Code, provided that such fees do not exceed those amounts by
more than fifty per cent.
Sec. 4723.31 4723.082. Except as provided in division
(A)(4) of section 3721.34 and
section 4723.061 of the Revised Code, all ALL receipts of the board
of nursing,
from any source, shall be deposited in the state treasury to the credit of the
occupational licensing and regulatory fund. All vouchers of the board shall
be approved by the board president or executive director, or
both, as authorized by the board.
Sec. 4723.09. (A) An application for licensure by examination
to practice as a registered nurse or as a licensed practical
nurse shall be submitted to the board of nursing in the form
prescribed by rules of the board. The application shall include
evidence that the applicant has completed requirements of a
nursing education program approved by the board or approved by
another jurisdiction's board that regulates nurse licensure. The
application also shall include
any other information required by
rules of the board. The application shall be accompanied by the
application fee required by section 4723.08 of the Revised Code.
If the board determines that the applicant meets the requirements
to take the examination, it shall admit the applicant to the
examination.
The board shall grant a license to practice nursing as a
registered nurse or as a licensed practical nurse if the
applicant passes the examination ACCEPTED BY THE BOARD UNDER SECTION
4723.10 of the Revised Code and the board determines that
the applicant has not committed any act that is grounds for
disciplinary action under section 2301.373 or 4723.28 of the Revised
Code, or determines that an applicant who has committed such acts has made
restitution or has been rehabilitated, or both. The board is not
required to afford a hearing AN ADJUDICATION to an individual to
whom
it has refused
to grant a license because of that individual's failure
to pass the
examination.
(B) An application for license by endorsement to practice
nursing as a registered nurse or as a licensed practical nurse
shall be submitted to the board in the form prescribed by rules
of the board and shall be accompanied by the application fee
required by section 4723.08 of the Revised Code. The application
shall include evidence that the applicant holds a license in good
standing in another jurisdiction granted after passing an
examination approved by the board of that jurisdiction that is equivalent
to the examination requirements under this chapter for a license to practice
nursing as a registered nurse or licensed practical nurse, and
shall
include other information required by rules of the board of
nursing. The board shall grant a license by endorsement if the
applicant is licensed or certified by another jurisdiction and
the board determines, pursuant to rules established under section
4723.07 of the Revised Code, that all of the following apply:
(1) The educational preparation of the applicant is substantially similar
to the minimum curricula and standards for nursing education programs
established by the board under section 4723.07 of the Revised Code;
(2) The examination, at the time it is successfully completed, is
equivalent to the examination requirements in effect at that time for
applicants who successfully completed the WERE LICENSED BY
examination in this state;
(3) The applicant has not committed any act that is grounds for
disciplinary action under section 2301.373, 4723.28,
or 4723.281 of the
Revised Code, or determines that an applicant who has committed
such acts has made restitution or has been rehabilitated, or both.
The board may grant a nonrenewable temporary permit to
practice nursing as a registered nurse or as a licensed practical
nurse to an applicant for license by endorsement if the board is
satisfied by the evidence that the applicant holds a current, active
license in
good standing in another jurisdiction. The temporary permit
shall expire at the earlier of one hundred twenty days after
issuance or upon the issuance of a license by endorsement.
Sec. 4723.051 4723.10. The WITH RESPECT TO
INDIVIDUALS APPLYING
FOR LICENSURE BY EXAMINATION, THE board of nursing, in administering
examinations for
licensure under this chapter, may make use of SHALL ACCEPT all or
any part of the licensure
examination of the national council of state boards of nursing or any other
national standardized nursing examination that determines THE BOARD
CONSIDERS TO BE AN APPROPRIATE MEASURE OF whether a person is
competent to commence practicing nursing as a registered nurse or as a
licensed
practical nurse. The IF THE BOARD INCURS ANY COST IN ITS ACCEPTANCE
OF AN EXAMINATION UNDER THIS SECTION OR IN MAKING THE ACCEPTED EXAMINATION
AVAILABLE TO APPLICANTS, THE board may require applicants for licensure by
examination
to practice nursing as a registered nurse or as a licensed practical nurse
to
pay the application fee required by section 4723.08 of the Revised Code
and to
pay for any related materials from the organization
providing the examination PAY AN AMOUNT SUFFICIENT TO COVER THE COST
INCURRED.
Sec. 4723.15. (A) A certificate of registration to
practice professional nursing as a registered nurse issued by the
state nurses board or the board of nursing education and nurse
registration under former provisions of this chapter or by the
nurses' examining committee of the state medical board as
provided in former sections 1295-01 to 1295-20 and 1347 et seq.
of the General Code shall remain valid and shall confer the same
privileges and impose the same responsibilities and requirements
as a license issued by the board of nursing under this chapter on
or after the effective date of this section JUNE
14, 1988.
(B) A license to practice practical nursing as a licensed
practical nurse issued by the board of nursing education and
nurse registration under former provisions of this chapter shall
remain valid and shall confer the same privileges and impose the
same responsibilities and requirements as a license issued by the
board of nursing under this chapter on or after the effective
date of this section JUNE 14, 1988.
(C) Any person who on the effective date of this section
JUNE 14, 1988,
holds a current, valid certificate or license to practice nursing
as a registered nurse or as a licensed practical nurse in this
state shall, for the purposes of this chapter, be deemed to hold
a license.
(D) Any licensed practical nurse who on the effective date
of this section JUNE 14, 1988, holds proof of
successful completion of a course
in medication administration approved by the board of nursing
shall be considered to be qualified to administer medication as
defined in division (F)(3) of section 4723.02
4723.01 of the Revised Code.
Sec. 4723.24. (A) All active licenses issued under this
chapter shall be renewed biennially according to a schedule
established by the board of nursing. The board shall mail
PROVIDE an
application for renewal to every holder of an active license, EXCEPT
WHEN THE BOARD IS AWARE THAT AN INDIVIDUAL IS INELIGIBLE FOR LICENSE RENEWAL
FOR ANY REASON, INCLUDING PENDING CRIMINAL CHARGES IN THIS STATE OR ANOTHER
JURISDICTION, FAILURE TO COMPLY WITH A DISCIPLINARY ORDER FROM THE BOARD OR
THE TERMS OF A CONSENT AGREEMENT ENTERED INTO WITH THE BOARD, FAILURE TO PAY
FINES OR FEES OWED TO THE BOARD, OR FAILURE TO PROVIDE ON THE BOARD'S REQUEST
DOCUMENTATION OF HAVING COMPLETED THE CONTINUING NURSING EDUCATION
REQUIREMENTS SPECIFIED IN DIVISION (C) OF THIS SECTION.
IF THE BOARD PROVIDES A RENEWAL APPLICATION BY MAIL, THE APPLICATION SHALL
BE
addressed to the last known post-office address of the holder
AND MAILED before the date specified in the board's schedule. Failure
of
the holder to receive an application for renewal from the board
shall not excuse the holder from the requirements contained in
this section. The
THE LICENSE holder shall complete the renewal form and
return it to the treasurer of state with the renewal fee required
by section 4723.08 of the Revised Code on or before the date
specified by the board. The LICENSE holder shall report any
CONVICTION, PLEA, OR JUDICIAL FINDING REGARDING A criminal
offense that constitutes grounds for denial of a
license THE BOARD TO IMPOSE SANCTIONS under
section 4723.28 of the Revised Code of which the holder has been
found guilty or to which the holder has entered a plea of guilty
or no contest since the submission of the holder's HOLDER
last preceding SUBMITTED AN
application TO THE BOARD. The
THE treasurer shall immediately forward the renewal
application to the board, and on. ON receipt of the
renewal
application, the board shall verify that the applicant meets the
renewal requirements and shall renew the license for the
following two-year period. If
IF a renewal application that
meets
the renewal requirements is submitted after the date specified in
the board's schedule, but before expiration of the license, the
board shall grant a renewal upon payment of the late renewal fee
authorized under section 4723.08 of the Revised Code.
(B) Every LICENSE holder shall give written notice to the
board of any
change of name or address within thirty days of the change. The
board shall require the holder to document a change of name in a
manner acceptable to the board.
(C)(1) Except in the case of a first renewal after licensure by
examination, effective January 1, 1992, to be eligible for
renewal of an active license to practice nursing as a registered
nurse or licensed practical nurse, each individual who holds an
active license must SHALL, in each two-year period specified by
the
board, complete continuing nursing education as follows:
(A)(a) For renewal of a license that was issued for a
two-year renewal period, twenty-four hours of continuing nursing
education;
(B)(b) For renewal of a license that was issued for less than
a two-year renewal period, the number of hours of
continuing nursing
education specified by the board in rules adopted in
accordance with Chapter 119. of the Revised Code;
(c) OF THE HOURS OF CONTINUING NURSING EDUCATION COMPLETED IN ANY
RENEWAL PERIOD, AT LEAST ONE HOUR OF THE EDUCATION MUST BE DIRECTLY RELATED TO
THE STATUTES AND RULES PERTAINING TO THE PRACTICE OF NURSING IN THIS STATE.
(2) The board shall adopt rules establishing the procedure for
an applicant A LICENSE HOLDER to certify to the board completion
of the REQUIRED continuing
nursing education. Continuing nursing education
THE BOARD MAY CONDUCT A RANDOM SAMPLE OF LICENSE HOLDERS AND REQUIRE THAT
THE LICENSE HOLDERS INCLUDED IN THE SAMPLE SUBMIT SATISFACTORY DOCUMENTATION
OF HAVING COMPLETED THE REQUIREMENTS FOR CONTINUING NURSING EDUCATION. ON THE
BOARD'S REQUEST, A LICENSE HOLDER INCLUDED IN THE SAMPLE SHALL SUBMIT THE
REQUIRED DOCUMENTATION.
(3) AN EDUCATIONAL ACTIVITY
may be applied
to meet this TOWARD MEETING THE CONTINUING NURSING EDUCATION
requirement ONLY if it is obtained through a program or
course approved by the board or A person authorized by the board
HAS AUTHORIZED TO APPROVE CONTINUING NURSING EDUCATION PROGRAMS AND
COURSES.
On request of the board, an applicant or license holder shall
submit satisfactory documentation of completion of the required
continuing nursing education. The
(4) THE continuing education required
of a certified registered nurse anesthetist, clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner to
obtain or maintain
certification by a national certifying organization shall be
applied toward the applicant's
continuing education requirements for renewal of the applicant's
A license to practice nursing as a registered nurse.
(D) Except as otherwise provided in section 4723.28 of the
Revised Code, a LICENSE holder of a license who does not intend
to
practice in Ohio may send to the board written notice to that
effect on or before the renewal date, and the board shall
classify the license as inactive. During the period that the
license is classified as inactive, the holder may not
engage in the practice of nursing in Ohio and is not required to pay the
renewal fee.
The holder of an inactive license or an individual who has
failed to renew the individual's license may have the license
restored or
renewed upon meeting the requirements for restoring and renewing
licenses established in rules adopted under section 4723.07 of
the Revised Code.
Sec. 4723.28. As used in this section, "dangerous drug"
and "prescription" have the same meanings as in section
4729.01 of the Revised Code.
(A) The board of nursing, pursuant to an adjudication
conducted under Chapter 119. of the Revised Code and by a vote of
a quorum, may revoke or may refuse to grant a license or certificate
to a person
found by the board to have committed fraud in passing the
examination or to have committed fraud, misrepresentation, or
deception in applying for or securing any license or certificate
issued by the
board.
(B) The board of nursing, pursuant to an adjudication conducted
under Chapter 119. of the Revised Code and by a vote of a
quorum, may impose one or more of the following sanctions: deny,
revoke permanently, suspend, or place restrictions on any license
or certificate issued by
the board; reprimand or otherwise discipline a holder of a
license or certificate; or impose a fine of not more than five hundred
dollars
per violation. The sanctions may be imposed for any of the
following:
(1)(a) Denial, revocation, suspension, or restriction of a
license to practice nursing, for any reason other than a failure to
renew, in another state or jurisdiction; or denial
(b) SANCTIONS IMPOSED BY THE BOARD AGAINST
A LICENSE TO PRACTICE NURSING IN THIS STATE, AS PROVIDED IN DIVISION
(N) OF THIS SECTION;
(c) DENIAL, revocation,
suspension, or restriction of a license to practice a health care
occupation other than nursing, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction;.
(2) Engaging in the practice of nursing, having failed to
renew a license issued under this chapter, or while a license is under
suspension;
(3) Conviction of, a plea of guilty to, or a judicial
finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION
IN
LIEU OF CONVICTION FOR, a misdemeanor committed in the course of
practice;
(4) Conviction of, a plea of guilty to, or a judicial
finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION
IN LIEU OF CONVICTION FOR,
any felony or of any crime involving gross
immorality or moral turpitude;
(5) Selling, giving away, or administering drugs or therapeutic
devices for other than legal and legitimate therapeutic purposes; or
conviction of,
a plea of guilty to, or a judicial finding of guilt
of, A
JUDICIAL FINDING OF GUILT RESULTING FROM A PLEA OF NO CONTEST TO, OR A
JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION
FOR, violating
any municipal, state, county, or federal drug law;
(6) Conviction of, a plea of guilty to, or a judicial
finding of guilt of, A JUDICIAL FINDING OF GUILT RESULTING FROM A
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION
IN LIEU OF CONVICTION FOR,
an act in another jurisdiction that would
constitute a felony or a crime of moral turpitude in Ohio;
(7) Conviction of, a plea of guilty to, or a judicial
finding of guilt
of, A JUDICIAL FINDING OF GUILT RESULTING FROM A
PLEA OF NO CONTEST TO, OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION
IN LIEU OF CONVICTION FOR,
an act in the course of practice in another
jurisdiction that would constitute a misdemeanor in Ohio;
(8) Self-administering or otherwise taking into the body
any dangerous drug, AS DEFINED IN SECTION 4729.01 OF THE
REVISED CODE, in any way not in accordance with a
legal, valid prescription ISSUED FOR THAT INDIVIDUAL;
(9) Habitual indulgence in the use of controlled
substances, other habit-forming drugs, or alcohol or other
chemical substances to an extent that impairs ability to
practice;
(10) Impairment of the ability to practice according to
acceptable and prevailing standards of safe nursing care because
of habitual or excessive use
of
drugs, alcohol, or other chemical
substances that impair the ability to practice;
(11) Impairment of the ability to practice according to acceptable and
prevailing standards of safe nursing care because of a physical or mental
disability;
(12) Assaulting or causing harm to a patient or depriving
a patient of the means to summon assistance;
(13) Obtaining or attempting to obtain money or anything
of value by intentional misrepresentation or material deception
in the course of practice;
(14) Adjudication by a probate court that the license
applicant or license holder is mentally ill or mentally
incompetent. The board may restore the license upon adjudication
by a probate court of the person's restoration to competency or
upon submission to the board of other proof of competency.
(15) The suspension or termination of employment by the
department of defense or the veterans administration of the
United States for any act that violates or would violate this
chapter;
(16) Violation of this chapter or any rules adopted under
it;
(17) Violation of any restrictions placed on a license by
the board;
(18) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4723.07 of
the Revised Code;
(19) Failure to practice in accordance with acceptable
and
prevailing standards of safe nursing care;
(20) In the case of a registered nurse, engaging in
activities that exceed the practice of nursing as a registered
nurse under section 4723.02 of the Revised Code;
(21) In the case of a licensed practical nurse, engaging
in activities that exceed the practice of nursing as a licensed
practical nurse under section 4723.02 of the Revised Code;
(22) Aiding and abetting in the unlicensed practice of
nursing;
(23) In the case of a certified registered nurse anesthetist,
clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner,
or a registered nurse approved as an
advanced practice nurse under section 4723.55 of the Revised
Code, EXCEPT AS PROVIDED IN DIVISION (M) OF THIS
SECTION, either of the
following:
(a) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers such nursing
services, would otherwise be required to pay if the waiver is
used as an enticement to a patient or group of patients to
receive health care services from that provider;
(b) Advertising that the nurse will waive the payment of all or
any part of a deductible or copayment that a patient, pursuant to
a health insurance or health care policy, contract, or plan that
covers such nursing services, would otherwise be required to
pay.
(24) Failure to comply with the terms and conditions of
participation in
the alternative CHEMICAL DEPENDENCY MONITORING program for
chemically dependent nurses created by ESTABLISHED UNDER section
4723.35 of the Revised Code;
(25) Failure to comply with the terms and conditions required under the
practice intervention and improvement program established under section
4723.282 of the Revised Code;
(26) FAILURE TO ESTABLISH AND
MAINTAIN PROFESSIONAL BOUNDARIES WITH A PATIENT, AS SPECIFIED IN RULES ADOPTED
UNDER SECTION 4723.07 of the Revised Code;
(27) In the case of a certified registered nurse anesthetist,
clinical
nurse specialist, certified nurse-midwife, or certified nurse
practitioner:
(a) Engaging in activities that exceed those
permitted for the nurse's nursing specialty under section 4723.43 of the
Revised Code;
(b) Failure to meet the quality assurance standards
established under section 4723.07 of the
Revised Code.
(27)(28) In the case of a clinical nurse specialist,
certified
nurse-midwife, or certified nurse practitioner, failure to maintain a standard
care arrangement in accordance with section 4723.431 of the
Revised Code or to practice in accordance with the standard
care arrangement;
(28)(29) In the case of a
clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner who holds a certificate to
prescribe issued under section 4723.48 of the
Revised Code, failure to prescribe drugs and
therapeutic devices in accordance with section 4723.481 of the
Revised Code;
(29)(30) Prescribing any drug or device
to perform or induce an abortion, or otherwise performing or inducing an
abortion;
(30) Failure to return to the board a license or certificate
issued under this chapter that has lapsed or been suspended or
revoked.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER DIVISIONS (A)
AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO AN ADJUDICATION
CONDUCTED UNDER CHAPTER 119. of the Revised Code, EXCEPT THAT IN LIEU OF A HEARING,
THE BOARD MAY ENTER INTO A CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN
ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A
CONSENT AGREEMENT, WHEN RATIFIED BY A VOTE OF A QUORUM, 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 AGREEMENT SHALL BE OF NO EFFECT.
(D) THE HEARINGS OF THE BOARD SHALL BE CONDUCTED IN ACCORDANCE
WITH CHAPTER 119. of the Revised Code. THE BOARD MAY APPOINT A HEARING EXAMINER, AS
PROVIDED IN SECTION 119.09 of the Revised Code, TO CONDUCT ANY HEARING THE BOARD IS
AUTHORIZED
TO HOLD UNDER CHAPTER 119. of the Revised Code.
IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED UNDER CHAPTER 119.
of the Revised Code TO GIVE NOTICE OF AN OPPORTUNITY FOR A HEARING AND THE APPLICANT OR
LICENSE HOLDER DOES NOT MAKE A TIMELY REQUEST FOR A HEARING IN ACCORDANCE WITH
SECTION 119.07 of the Revised Code, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT MAY
ADOPT, BY A VOTE OF A QUORUM, A FINAL ORDER THAT CONTAINS THE BOARD'S
FINDINGS. IN THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS LISTED
IN DIVISION (A) OR (B) OF THIS SECTION.
(E) If a criminal action is brought against a license
holder for an act or crime described in divisions (B)(3) to (7)
of this section and the action is dismissed by the trial court
other than on the merits, the board shall hold CONDUCT an
adjudication hearing to determine whether the license holder committed
the act
on which the action was based. If the board determines on the
basis of the hearing ADJUDICATION that the license holder
committed the act,
or if the license holder fails to participate in the hearing
ADJUDICATION, the
board may take action as though the license holder had been
convicted of the act.
If the board takes action on the basis of a conviction,
plea of guilty, or a judicial determination of guilt
FINDING as described
in divisions (B)(3) to (7) of this section that is overturned on
appeal, the license holder may, on exhaustion of the appeal
process, petition the board for reconsideration of its action.
On receipt of the petition and supporting court documents, the
board shall temporarily rescind its action. If the board
determines that the decision on appeal was a decision on the
merits, it shall permanently rescind its action. If the board
determines that the decision on appeal was not a decision on the
merits, it shall hold CONDUCT an adjudicatory hearing
ADJUDICATION to determine
whether the license holder committed the act on which the
original conviction, plea, or judicial determination FINDING was
based.
If the board determines on the basis of the hearing ADJUDICATION
that the
license holder committed such act, or if the license holder does
not request a hearing AN ADJUDICATION, the board shall reinstate
its action;
otherwise, the board shall permanently rescind its action.
Notwithstanding the provision of division (C)(2) of section
2953.32 of the Revised Code specifying that if records pertaining
to a criminal case are sealed under that section the proceedings
in the case shall be deemed not to have occurred, sealing of the
records of a conviction on which the board has based an action
under this section shall have no effect on the board's action or
any sanction imposed by the board under this section.
(D) In enforcing division (B) of
THE BOARD SHALL NOT BE REQUIRED TO
SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S
SEALING OF CONVICTION RECORDS.
(F) THE BOARD MAY INVESTIGATE AN INDIVIDUAL'S CRIMINAL BACKGROUND
BY REQUESTING INFORMATION FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND
INVESTIGATION PURSUANT TO SECTION 109.57 of the Revised Code. THE BOARD MAY APPLY FOR ACCESS
TO THE COMPUTERIZED DATABASES ADMINISTERED BY THE NATIONAL CRIME INFORMATION
CENTER AND THE LAW ENFORCEMENT AUTOMATED DATA SYSTEM OPERATED PURSUANT TO
SECTION 5503.10 of the Revised Code, AS WELL AS OTHER COMPUTERIZED DATABASES ADMINISTERED FOR
THE PURPOSE OF MAKING CRIMINAL JUSTICE INFORMATION ACCESSIBLE TO STATE
AGENCIES. THE BOARD IS HEREBY DESIGNATED TO BE A CRIMINAL JUSTICE AGENCY FOR
PURPOSES OF ANY STATE OR FEDERAL LAW REQUIRING, AS A CONDITION OF BEING
AUTHORIZED TO APPLY FOR ACCESS TO THESE DATABASES, THAT AN ENTITY BE
RECOGNIZED UNDER STATE LAW AS A CRIMINAL JUSTICE AGENCY.
(G) DURING THE COURSE OF AN INVESTIGATION CONDUCTED UNDER
this section, the board
may compel any individual licensed by this chapter or who has
applied for licensure to submit to a mental or physical
examination, or both, as required by the board and at the expense
of the individual, IF THE BOARD FINDS REASON TO BELIEVE THAT THE
INDIVIDUAL UNDER INVESTIGATION MAY HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT
MAY AFFECT THE INDIVIDUAL'S ABILITY TO PROVIDE SAFE NURSING CARE. Failure
of any individual to submit to a
mental or physical examination when directed constitutes an
admission of the allegations, unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If
IF the board finds that an individual
is impaired, the board shall require the individual to submit to
care, counseling, or treatment approved or designated by the
board, as a condition for initial, continued, reinstated, or
renewed licensure to practice. The individual shall be afforded
an opportunity to demonstrate to the board that the individual can
BEGIN OR resume
the individual's occupation PRACTICE OF NURSING in compliance
with acceptable and
prevailing
standards OF CARE under the provisions of the individual's license.
For
the purpose
FOR PURPOSES
of this section DIVISION, any individual who is licensed by this
chapter
or makes application for licensure shall be deemed to have given
consent to submit to a mental or physical examination when
directed to do so in writing by the board, and to have waived all
objections to the admissibility of testimony or examination
reports that constitute a privileged communication.
(E)(H) The board shall investigate evidence that appears to
show that any person has violated any provision of this chapter
or any rule of the board. Any person may report to the board any
information the person may have that appears to show a violation
of any provision of this chapter or rule of the board. In the
absence of bad faith, any person who reports such information or
who testifies before the board in any adjudication
conducted under Chapter 119. of the Revised Code shall not be
liable for civil damages as a result of the report or testimony.
(I) ALL OF THE FOLLOWING APPLY UNDER THIS CHAPTER WITH RESPECT TO
THE CONFIDENTIALITY OF INFORMATION:
(1) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to law
enforcement officers and government entities investigating a person licensed
by the board OR A PERSON WHO MAY HAVE ENGAGED IN THE UNAUTHORIZED PRACTICE
OF NURSING. No law enforcement officer or government entity with
knowledge of any information disclosed by the board pursuant to this division
shall divulge the information to any other person or government entity except
for the purpose of an adjudication by a court or licensing or registration
board or officer to which the person to whom the information relates is a
party.
(2) If the AN investigation requires a review of
patient records,
the investigation and proceeding shall be conducted in such a
manner as to protect patient confidentiality.
(3) All hearings ADJUDICATIONS and investigations of
the board shall be
considered civil actions for the purposes of section 2305.251 of
the Revised Code.
The hearings of the board shall be conducted in accordance
with Chapter 119. of the Revised Code. The board may appoint a
hearing examiner as provided in section 119.09 to conduct any
hearing the board is empowered to hold under Chapter 119. of the
Revised Code.
In the absence of fraud or bad faith, neither the board nor
any current or former members, agents, representatives, or
employees of the board shall be held liable in damages to any
person as the result of any act, omission, proceeding, conduct,
or decision related to their official duties undertaken or
performed pursuant to this chapter. If a current or former
member, agent, representative, or employee requests the state to
defend the individual against any claim or action arising out of
any act,
omission, proceeding, conduct, or decision related to the
individual's
official duties, if the request is made in writing at a
reasonable time before trial, and if the individual requesting
defense cooperates in good faith in the defense of the claim or
action, the state shall provide and pay for such defense and
shall pay any resulting judgment, compromise, or settlement. At
no time shall the state pay that part of a claim or judgment that
is for punitive or exemplary damages.
(F)(4) ANY BOARD ACTIVITY THAT INVOLVES CONTINUED
MONITORING OF AN INDIVIDUAL AS PART OF OR FOLLOWING ANY DISCIPLINARY ACTION
TAKEN UNDER THIS SECTION SHALL BE CONDUCTED IN A MANNER THAT MAINTAINS THE
INDIVIDUAL'S CONFIDENTIALITY. INFORMATION RECEIVED OR MAINTAINED BY THE BOARD
WITH RESPECT TO THE BOARD'S MONITORING ACTIVITIES IS CONFIDENTIAL AND NOT
SUBJECT TO DISCOVERY IN ANY CIVIL ACTION.
(J) Any action taken by the board under this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the person may be
reinstated to practice.
(G)(K) WHEN THE BOARD REFUSES TO GRANT A LICENSE OR
CERTIFICATE OF AUTHORITY TO AN APPLICANT, REVOKES A NURSE'S LICENSE OR
CERTIFICATE, OR REFUSES TO REINSTATE A LICENSE OR CERTIFICATE, THE BOARD MAY
SPECIFY THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO PERMANENT
ACTION TAKEN BY THE BOARD IS FOREVER INELIGIBLE TO HOLD A LICENSE OR
CERTIFICATE OF THE TYPE THAT WAS REFUSED OR REVOKED AND THE BOARD SHALL NOT
ACCEPT FROM THE INDIVIDUAL AN APPLICATION FOR REINSTATEMENT OF THE LICENSE OR
CERTIFICATE OR FOR A NEW LICENSE OR CERTIFICATE.
(L) No unilateral surrender of a license issued under this
chapter shall be effective unless accepted by majority vote of
the board. No application for a license issued under this
chapter may be withdrawn without a majority vote of the board.
THE BOARD'S
JURISDICTION TO TAKE DISCIPLINARY ACTION UNDER THIS SECTION IS NOT REMOVED OR
LIMITED WHEN AN INDIVIDUAL HAS A LICENSE OR CERTIFICATE OF AUTHORITY
CLASSIFIED AS INACTIVE OR FAILS TO RENEW A LICENSE OR CERTIFICATE OF
AUTHORITY.
(H) Notwithstanding division (B)(23) of this section,
sanctions (M) SANCTIONS shall not be imposed UNDER
DIVISION (B)(23) OF THIS SECTION against any licensee who waives
deductibles and copayments AS FOLLOWS:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent of
the plan purchaser, payer, and third-party administrator. The
DOCUMENTATION OF THE consent shall
be made available to the board upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(I) The holder of a license or certificate issued under this
chapter shall return to the board a license or certificate that has
lapsed or been suspended or revoked.
(N) IF A PERSON IS DUALLY LICENSED IN THIS STATE TO PRACTICE
NURSING AS A REGISTERED NURSE AND AS A LICENSED PRACTICAL NURSE AND THE BOARD
IMPOSES A
SANCTION AGAINST ONE OF THE PERSON'S LICENSES, THE BOARD MAY IMPOSE THE SAME
OR ANOTHER SANCTION
AGAINST THE PERSON'S OTHER LICENSE.
IF THE BOARD IMPOSES A SANCTION AGAINST A PERSON WHO HOLDS A
LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE OR AS A LICENSED
PRACTICAL NURSE AND THE PERSON SUBSEQUENTLY APPLIES FOR THE
OTHER LICENSE TO PRACTICE NURSING, THE BOARD MAY REFUSE TO
ISSUE THE NEW LICENSE OR MAY IMPOSE ANOTHER SANCTION AGAINST THE
APPLICANT FOR HAVING BEEN SUBJECT TO A PREVIOUS SANCTION BY THE
BOARD.
Sec. 4723.281. (A) As used in this section, with regard
to offenses committed in Ohio, "aggravated murder," "murder,"
"voluntary manslaughter," "felonious assault," "kidnapping,"
"rape," "sexual battery," "GROSS SEXUAL IMPOSITION,"
"aggravated arson," "AGGRAVATED ROBBERY," and
"aggravated
burglary" mean such offenses as defined in Title XXIX of the
Revised Code; with regard to offenses committed in other
jurisdictions, the terms mean offenses comparable to offenses
defined in Title XXIX of the Revised Code.
(B) The board of nursing may impose a summary suspension
without a hearing on a person licensed under this chapter if it
determines that there is evidence that the license holder is
subject to actions under division (B) of section 4723.28 of the
Revised Code and that WHEN there is clear and convincing evidence
that
continued practice by the license holder AN INDIVIDUAL LICENSED
UNDER THIS CHAPTER presents a danger of
immediate and serious harm to the public. The, AS DETERMINED
ON CONSIDERATION OF THE EVIDENCE BY THE president and the
executive director of the board OF NURSING, THE PRESIDENT AND DIRECTOR
shall make a preliminary
determination and describe the evidence on which they made their
determination to the other members of the board. The board may
by resolution designate another board member to act in place of
the president of the board and another employee to act in the
place of the executive director, in the event that the board
president or executive director is unavailable or unable to act.
On consideration of the evidence, the board may by an affirmative
vote of seven members, not including the president of the board
or the person named to act in place of the president, impose ON the
INDIVIDUAL A summary suspension WITHOUT A HEARING. The
description of the evidence and information may be given and the vote taken by
telephone conference call AN INDIVIDUAL SERVING AS PRESIDENT OR
EXECUTIVE DIRECTOR IN THE ABSENCE OF THE PRESIDENT OR EXECUTIVE DIRECTOR MAY
TAKE ANY ACTION THAT THIS SECTION REQUIRES OR AUTHORIZES THE PRESIDENT OR
EXECUTIVE DIRECTOR TO TAKE.
Immediately following the decision to impose a summary
suspension under this division, the board shall issue a written
order of suspension and cause it to be delivered by certified
mail or in person in accordance with section 119.07 of the
Revised Code. The order shall not be subject to suspension by
the court during the pendency of any appeal filed under section
119.12 of the Revised Code. If the license holder INDIVIDUAL
SUBJECT TO THE SUSPENSION requests an
adjudication hearing, the date set for the hearing
ADJUDICATION shall be
within fifteen days but not earlier than seven days after the
license holder has requested a hearing INDIVIDUAL MAKES THE
REQUEST, unless another date is
agreed to by both the license holder INDIVIDUAL and the board.
The summary
suspension shall remain in effect, unless reversed by the board,
until a final adjudication order issued by the board pursuant to
this section and Chapter 119. of the Revised Code becomes
effective.
The board shall issue its final adjudication order within
ninety days after completion of the hearing ADJUDICATION. If
the board does
not issue such A FINAL order within the ninety-day period, the
summary
suspension shall be void, but any final adjudication order issued
subsequent to the ninety-day period shall not be affected.
(C) The license of a person licensed ISSUED TO AN INDIVIDUAL
under this chapter is
automatically suspended on that person's INDIVIDUAL'S conviction
OF, plea of
guilty TO, or judicial determination of guilt of FINDING WITH
REGARD TO any of the
following in Ohio or any other jurisdiction of the United States:
aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, GROSS SEXUAL
IMPOSITION, aggravated arson, AGGRAVATED ROBBERY, or
aggravated burglary. The suspension shall remain in effect from
the date of the conviction, plea, or finding until an
adjudicatory hearing ADJUDICATION is held under Chapter 119. of
the Revised
Code. If the board has knowledge that an automatic suspension
has occurred, it shall notify the license holder INDIVIDUAL SUBJECT
TO THE SUSPENSION. If the license
holder INDIVIDUAL is notified and either fails to request an
adjudicatory
hearing ADJUDICATION within the time periods established by Chapter
119. of
the Revised Code or fails to participate in the hearing
ADJUDICATION, the
board may SHALL enter a final order PERMANENTLY revoking
the license.
Sec. 4723.32. This chapter does not prohibit ANY OF THE FOLLOWING:
(A) The practice of nursing by students as an integral
part of a program of study leading to initial licensure and A STUDENT
CURRENTLY ENROLLED IN AND ACTIVELY PURSUING COMPLETION OF A PRELICENSURE
NURSING EDUCATION PROGRAM approved by the board of nursing, IF
THE STUDENT'S PRACTICE IS UNDER
THE AUSPICES OF THE PROGRAM AND THE STUDENT ACTS UNDER THE
DIRECT SUPERVISION OF A REGISTERED NURSE SERVING FOR THE PROGRAM
AS A FACULTY MEMBER, TEACHING ASSISTANT, OR PRECEPTOR;
(B) The practice of nursing by a person currently
licensed in another jurisdiction who is employed by the United
States government or any agency thereof while in the discharge of
official duties;
(C) The rendering of medical assistance to a licensed
physician, licensed dentist, or licensed podiatrist by a person
under the direction, supervision, and control of such licensed
physician, dentist, or podiatrist;
(D)(C) The activities of persons employed as nursing aides,
attendants, orderlies, or other auxiliary workers in patient
homes, nurseries, nursing homes, hospitals, home health agencies,
or other similar institutions;
(E) The practice of nursing by any registered nurse or
licensed practical nurse currently licensed in another
jurisdiction who is employed by an individual, agency, or
corporation located in that jurisdiction and whose employment
responsibilities include transporting patients into, out of, or
through this jurisdiction, so long as each trip does not exceed
forty-eight hours in this state;
(F)(D) The provision of nursing services to family members or
in emergency situations;
(G)(E) The care of the sick when
done in connection with the
practice of religious tenets of any church and by OR FOR its members;
(H)(F) The practice of nursing as a certified registered
nurse
anesthetist, clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner by a student as an integral part CURRENTLY
ENROLLED IN AND ACTIVELY PURSUING COMPLETION of a program of study
leading to initial authorization by the board to practice nursing in the
specialty, if the program qualifies the student to sit for the examination of
a national certifying organization listed in division (A)(3) of
section 4723.41 of the Revised Code or approved by the board under section
4723.46 of the Revised Code, or
prepares the student to receive a master's degree in accordance with division
(A)(2) of section 4723.41 of the Revised Code;
(G) THE
ACTIVITIES OF AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE TO PRACTICE
NURSING IN ANOTHER JURISDICTION, IF THE INDIVIDUAL'S LICENSE HAS NOT BEEN
REVOKED, THE INDIVIDUAL IS NOT CURRENTLY UNDER SUSPENSION OR ON PROBATION, THE
INDIVIDUAL DOES
NOT REPRESENT THE INDIVIDUAL AS BEING LICENSED UNDER THIS
CHAPTER, AND ONE OF THE FOLLOWING IS THE CASE:
(1) THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING BY DISCHARGING
OFFICIAL DUTIES WHILE EMPLOYED BY OR UNDER CONTRACT WITH THE
UNITED
STATES GOVERNMENT OR ANY AGENCY
THEREOF;
(2) THE INDIVIDUAL IS ENGAGING IN THE PRACTICE OF NURSING AS AN EMPLOYEE
OF AN INDIVIDUAL, AGENCY, OR CORPORATION LOCATED IN THE OTHER
JURISDICTION IN A POSITION WITH EMPLOYMENT RESPONSIBILITIES
THAT INCLUDE TRANSPORTING PATIENTS INTO, OUT OF, OR THROUGH THIS
STATE, AS LONG AS EACH TRIP IN THIS STATE DOES NOT EXCEED SEVENTY-TWO
HOURS;
(3) THE INDIVIDUAL IS CONSULTING WITH AN INDIVIDUAL LICENSED IN THIS
STATE TO PRACTICE ANY HEALTH-RELATED PROFESSION;
(4) THE INDIVIDUAL IS ENGAGING IN ACTIVITIES ASSOCIATED WITH TEACHING IN
THIS STATE
AS A GUEST LECTURER AT OR FOR A NURSING EDUCATION
PROGRAM, CONTINUING NURSING EDUCATION PROGRAM, OR IN-SERVICE
PRESENTATION;
(5) THE INDIVIDUAL IS CONDUCTING EVALUATIONS OF NURSING CARE THAT ARE
UNDERTAKEN ON
BEHALF OF AN ACCREDITING ORGANIZATION, INCLUDING THE NATIONAL
LEAGUE FOR NURSING ACCREDITING COMMITTEE, THE JOINT COMMISSION
ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS, OR ANY OTHER NATIONALLY
RECOGNIZED ACCREDITING ORGANIZATION;
(6) THE INDIVIDUAL IS PROVIDING NURSING CARE TO AN INDIVIDUAL WHO IS IN
THIS STATE ON A TEMPORARY BASIS, NOT TO EXCEED SIX MONTHS IN ANY
ONE CALENDAR YEAR, IF THE NURSE IS DIRECTLY EMPLOYED BY OR UNDER
CONTRACT WITH THE INDIVIDUAL OR A GUARDIAN OR OTHER PERSON
ACTING ON THE INDIVIDUAL'S BEHALF;
(7) THE INDIVIDUAL IS PROVIDING NURSING CARE DURING ANY DISASTER, NATURAL
OR OTHERWISE, THAT HAS BEEN OFFICIALLY DECLARED TO BE A DISASTER
BY A PUBLIC ANNOUNCEMENT ISSUED BY AN APPROPRIATE FEDERAL,
STATE, COUNTY, OR MUNICIPAL OFFICIAL.
Sec. 4723.34. (A) REPORTS TO THE BOARD OF NURSING SHALL BE MADE AS
FOLLOWS:
(1) Every employer of registered nurses or
licensed practical nurses shall report to the board of nursing
the name of any person CURRENT OR FORMER EMPLOYEE licensed under
this chapter whose
employment WHO has been terminated voluntarily or involuntarily
because of ENGAGED IN conduct that would be grounds for
disciplinary action
by the board under division (B) of section 4723.28 of the Revised
Code.
(B)(2) Nursing associations shall report to the board the
name of any registered nurse or licensed practical nurse who has
been investigated and found to constitute a danger to the public
health, safety, and welfare because of conduct that would be
grounds for disciplinary action by the board under section
4723.28 of the Revised Code, except that a nursing association is
not required to report the name of such a nurse if the nurse is
maintaining satisfactory participation in a peer support program
approved by the board under rules adopted under section 4723.07
of the Revised Code.
(C)(3) If the prosecutor in a case described in divisions
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a
case where the trial court issued an order of dismissal upon
technical or procedural grounds of a charge of a misdemeanor
committed in the course of practice, a felony charge, or a charge
of gross immorality or moral turpitude, knows or has reason to
believe that the person charged is licensed under this chapter to
practice nursing as a registered nurse or as a licensed practical
nurse, the prosecutor shall notify the board of nursing on forms
prescribed and provided by the board. The report shall include
the name and address of the license holder, the charge, and the
certified court documents recording the action.
(D)(B) If any person fails to provide a report required by
this section, the board may seek an order from a court of
competent jurisdiction compelling submission of the report.
Sec. 4723.341. As used in this section, "person" has the
same meaning as in section 1.59 of the Revised Code and also
includes the board of nursing and its members and employees;
health care facilities, associations, and societies; insurers;
and individuals.
In the absence of fraud or bad faith, no person reporting
to the board of nursing or testifying in an adjudication hearing
conducted under Chapter 119. of the Revised Code with regard to
alleged incidents of negligence or malpractice, matters subject
to section 2301.373 or 4723.28 of the Revised Code, violations of
section 4723.34 of the Revised Code, or the qualifications, fitness, or
character of a person licensed or applying for a license to
practice nursing as a registered nurse or licensed practical
nurse shall be subject to any civil action or liable for damages
as a result of making the report or testifying.
In the absence of fraud or bad faith, no professional
association of individuals who are licensed under this chapter
that sponsors a committee or program to provide peer assistance
to nurses with substance abuse problems, no representative or
agent of such a committee or program, and no member of the board
of nursing shall be liable to any person for damages in a civil
action by reason of actions taken to refer a nurse to a treatment
provider designated by the board or actions or omissions of the
provider in treating a nurse.
Sec. 4723.35. (A) As used in this section, "chemical dependency"
means either of the following:
(1) The chronic and habitual use of alcoholic beverages to the extent that
the user no longer can control the use of alcohol or endangers the user's
health, safety, or welfare or that of others;
(2) The use of a drug of abuse, CONTROLLED SUBSTANCE as defined
in section 3719.011 3719.01 of the Revised Code,
A HARMFUL INTOXICANT AS DEFINED IN SECTION 2925.01 OF THE REVISED
CODE, OR A DANGEROUS DRUG AS DEFINED IN SECTION 4729.01 OF THE
REVISED CODE,
to
the extent that the user becomes physically or psychologically dependent on
the SUBSTANCE, INTOXICANT, OR drug or endangers the user's health,
safety, or welfare or that of
others.
(B) The board of nursing shall establish a chemical dependency
treatment MONITORING program, which shall be called the
alternative program for
chemically
dependent nurses. The
progarm PROGRAM shall be MADE available to registered
nurses and
licensed practical nurses ANY INDIVIDUAL UNDER THE BOARD'S
JURISDICTION who have HAS a chemical dependency and
meet MEETS THE BOARD'S eligibility
requirements FOR ADMISSION TO AND CONTINUED PARTICIPATION IN THE
PROGRAM. The board shall develop the program, SELECT THE
PROGRAM'S NAME, and designate an
administrator A COORDINATOR to operate it, and ADMINISTER
THE PROGRAM.
(C) THE BOARD shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish the following:
(1) Eligibility requirements for ADMISSION TO AND CONTINUED
participation IN THE MONITORING PROGRAM;
(2) Terms and conditions a nurse THAT must meet BE
MET to PARTICIPATE IN AND successfully complete the
program;
(3) Procedures for keeping confidential records regarding participants;
(4) Any other requirements or procedures necessary to establish and
administer the program.
(C) A registered nurse or licensed practical nurse may voluntarily
seek treatment for any chemical dependency that may be grounds for
disciplinary
action by the board under division (B) of section 4723.28 of the Revised Code.
The
board of nursing may abstain from
taking disciplinary action against a nurse who voluntarily seeks treatment if
it finds that the nurse can be treated
effectively and that there is no impairment of ability to practice according
to
acceptable and prevailing standards of safe nursing care. The board may
require, as a condition of its abstention, that the nurse participate in the
alternative program for chemically dependent
nurses, comply with the terms and conditions of the program, and successfully
complete it.
(D) A nurse who voluntarily participates in the alternative
program for chemically dependent nurses without being referred by the board
and complies with the terms and conditions of the program and the requirements
of this section shall not be subject to investigation or disciplinary action
by the board for chemical dependency. The nurse shall report to the board any
failure to comply with the terms and conditions of the
program or successfully complete it.
(E)(D) Except as provided in division (F)(E)
of this section,
all records OF AN INDIVIDUAL'S PARTICIPATION IN THE MONITORING PROGRAM,
including medical records, chemical dependency records, and mental health
records, of a participant in the program shall be confidential, are not
public
records for the purposes of section 149.43 of the Revised Code, and are not
subject to
discovery by subpoena or admissible as evidence in any judicial proceeding.
The administrator of the program COORDINATOR shall maintain all
records in the board's
office for a period of five years.
(F) On commencement of participation in the program,
a registered nurse or licensed practical nurse shall sign a waiver permitting
the program administrator to release to the board the nurse's records if the
nurse fails to
comply with the terms and conditions of the program, does not successfully
complete the
program, or is unable to practice according to acceptable and
prevailing
standards of safe nursing care due to chemical dependency. The administrator
shall report to the board any such nurse and
release the nurse's records to it. The board shall then investigate in
accordance with division (E) of section 4723.28 of the Revised Code.
(G)(E) THE MONITORING PROGRAM'S COORDINATOR MAY DISCLOSE
RECORDS OR
INFORMATION REGARDING AN INDIVIDUAL'S PROGRESS AND STATUS OF PARTICIPATION IN
THE PROGRAM TO THE
DISCIPLINARY SECTION OF THE BOARD OF NURSING AND TO ANY PERSON OR
GOVERNMENT ENTITY THAT THE PROGRAM PARTICIPANT AUTHORIZES IN
WRITING TO BE GIVEN THE RECORDS OR INFORMATION.
IN DISCLOSING RECORDS OR INFORMATION UNDER THIS DIVISION, THE
COORDINATOR SHALL NOT INCLUDE ANY RECORD OR INFORMATION THAT IS
PROTECTED UNDER SECTION 3793.13 OF THE REVISED CODE OR ANY
FEDERAL
STATUTE OR REGULATION THAT PROVIDES FOR THE CONFIDENTIALITY OF MENTAL HEALTH
OR SUBSTANCE ABUSE
RECORDS.
(F) IN THE ABSENCE OF FRAUD OR BAD FAITH, THE MONITORING
PROGRAM'S COORDINATOR, THE BOARD OF NURSING, AND THE BOARD'S EMPLOYEES AND
REPRESENTATIVES ARE NOT
LIABLE FOR DAMAGES IN ANY CIVIL ACTION AS A RESULT OF DISCLOSING RECORDS OR
INFORMATION IN
ACCORDANCE WITH DIVISION (E) OF THIS SECTION.
In the absence of fraud or bad faith, any person
reporting to
the program with regard to a nurse's AN INDIVIDUAL'S chemical
dependence DEPENDENCY, or the
progress or lack of progress of that nurse INDIVIDUAL with
regard to treatment, shall be
immune from any civil action and shall IS not be liable for
civil damages IN ANY CIVIL ACTION as a
result of the report.
(G) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING ACTION UNDER
SECTION 4723.28 OF THE REVISED CODE AGAINST AN INDIVIDUAL
BECAUSE
OF THE INDIVIDUAL'S CHEMICAL DEPENDENCY, IF THE INDIVIDUAL MEETS THE
ELIGIBILITY
REQUIREMENTS FOR ADMISSION INTO THE MONITORING PROGRAM AND ALL OF THE
FOLLOWING
OCCUR:
(1) THE INDIVIDUAL ENTERS INTO A MONITORING AGREEMENT WITH THE
COORDINATOR OF THE PROGRAM;
(2) THE INDIVIDUAL COMPLIES WITH THE TERMS AND CONDITIONS FOR
CONTINUED PARTICIPATION IN THE PROGRAM, AS SPECIFIED IN THE
MONITORING AGREEMENT;
(3) THE INDIVIDUAL SUCCESSFULLY COMPLETES THE TERMS AND
CONDITIONS OF THE MONITORING AGREEMENT.
Sec. 4723.42. (A) If the applicant for authorization to
practice
nursing as a certified registered nurse anesthetist,
clinical nurse
specialist, certified
nurse-midwife, or certified nurse practitioner has met all the
requirements of
section 4723.41 of the Revised Code and has paid the
fee required
by section
4723.08 of the Revised Code, the board of nursing shall issue its
certificate of authority to practice
nursing as a
certified registered nurse anesthetist, clinical nurse
specialist,
certified nurse-midwife, or certified nurse practitioner, which shall
designate the nursing
specialty the nurse is authorized to practice. The certificate entitles
its holder to practice nursing in
the specialty designated on the certificate.
The board shall issue or deny its
certificate not later than sixty days after receiving all of the
documents required by section
4723.41 of the Revised Code.
If an applicant is under investigation for a violation
of this chapter, the board shall conclude the investigation
not later than ninety days after receipt
of all required documents, unless
this ninety-day period is extended by written consent of
the applicant, or unless the board
determines that a substantial question of such a violation exists
and the board has notified the applicant in writing of the
reasons for the continuation of the investigation. If the board
determines that the applicant has not violated this chapter, it
shall issue a certificate not later than
forty-five days
after making that
determination.
(B) Authorization to practice nursing as a
certified
registered
nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or
certified nurse
practitioner shall be renewed biennially according to rules and a
schedule
adopted by the board. Before a date specified by the
board IN PROVIDING RENEWAL APPLICATIONS TO CERTIFICATE HOLDERS,
the board shall
mail an application for renewal of a certificate of authority to each
certificate holder
at the last known
address of the holder FOLLOW THE PROCEDURES IT FOLLOWS UNDER SECTION
4723.24 OF THE REVISED CODE IN PROVIDING RENEWAL
APPLICATIONS TO LICENSE HOLDERS. Failure of the CERTIFICATE holder
to receive an
application for renewal from the board does not excuse the holder
from the requirements of section 4723.44 of the Revised Code.
Not
NOT later than the date specified by the board,
the holder
shall complete the renewal form and return it to the
board with all of the following:
(1) The renewal fee required by section 4723.08 of the
Revised Code;
(2) Except as provided in division (C) of this
section, documentation satisfactory to the board that the holder
has
maintained certification in the nursing specialty with a national
certifying organization listed in division (A)(3) of
section 4723.41 of the Revised Code or approved
by the board under section 4723.46 of the Revised
Code;
(3) A list of the names and business addresses of the holder's current
collaborating physicians and podiatrists, if the holder is a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner;
(4) If the holder's certificate was issued under
division (C) of section 4723.41 of the Revised
Code, evidence DOCUMENTATION SATISFACTORY TO THE BOARD that the
holder has completed continuing
education for a clinical nurse specialist as required by rule of
the board;
(5) If the holder's certificate was issued under
division (D) of section 4723.41 of the Revised
Code, verification of DOCUMENTATION SATISFACTORY TO THE BOARD THAT
THE HOLDER HAS continued employment by a public
agency or a private, nonprofit entity that receives funding under
Title X of the "Public
Health Service Act," 42
U.S.C. 300 and 300a-1
(1991).
On receipt of the renewal application, fees, and
documents, the board shall
verify that
the applicant holds a current license to
practice nursing as a registered nurse in this state, and,
if it so verifies, shall renew the
certificate. If an applicant submits the
completed renewal application after the date specified in the
board's schedule, but before the expiration of the certificate,
the board shall grant a renewal when the late renewal fee
required by section 4723.08 of the Revised Code is paid.
An applicant for reinstatement of an expired certificate
shall submit the REINSTATEMENT FEE, renewal fee, and
the
late renewal fee
required by section 4723.08 of the Revised Code. Any holder of a
certificate who desires inactive status shall give the board
written notice to that effect.
(C) The board shall renew a certificate of
authority to practice nursing as a clinical nurse specialist
issued pursuant to division (C) of section 4723.41 of
the
Revised Code, if the certificate holder
complies with all renewal requirements of this section other than
the requirement of having maintained certification in the holder's nursing
specialty.
Sec. 4723.43. A certified
registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner may provide to
individuals
and groups nursing care that requires knowledge and skill
obtained from advanced formal education and clinical experience.
(A) A nurse authorized to practice as a
certified nurse-midwife,
in collaboration with one or more physicians, may provide the
management of preventive services and those primary care services necessary to
provide health care to women antepartally, intrapartally,
postpartally, and gynecologically, consistent with the nurse's education and
certification, and in accordance with rules adopted by the board.
No certified nurse-midwife may perform version,
deliver breech or face
presentation, use forceps, do any obstetric operation, or treat any
other abnormal condition, except in
emergencies. Division
(A) of this section does not prohibit a certified nurse-midwife from
performing episiotomies or normal vaginal deliveries, or repairing vaginal
tears. A certified nurse-midwife
who holds a certificate to
prescribe issued under section 4723.48 of the
Revised
Code may, in collaboration with
one or more physicians, prescribe drugs and therapeutic devices in
accordance with section 4723.481 of the Revised Code.
(B) A nurse authorized to practice as a
certified registered nurse anesthetist, with the supervision and
in the immediate presence of a physician, podiatrist, or dentist,
may administer anesthesia and perform anesthesia induction,
maintenance, and emergence, and may perform with supervision
preanesthetic preparation and evaluation, postanesthesia care,
and clinical support functions,
consistent with the nurse's education and
certification, and in accordance with rules adopted by the
board. A certified registered nurse anesthetist
is not required to obtain
a certificate to prescribe in order to provide the anesthesia
care described in this division.
The physician, podiatrist, or dentist supervising a certified
registered
nurse anesthetist must be actively engaged in practice in
this state. When
a certified registered nurse anesthetist is
supervised by a podiatrist, the nurse's scope of
practice is limited to the anesthesia procedures that the podiatrist has the
authority under section 4731.51 of the Revised
Code to perform. A certified registered nurse anesthetist may not
administer general anesthesia under the supervision of a podiatrist in a
podiatrist's office. When a certified registered nurse
anesthetist is supervised by a dentist, the nurse's
scope of practice is limited to the anesthesia procedures that the dentist
has the authority under Chapter 4715. of the
Revised Code to perform.
(C) A nurse authorized to practice as a certified nurse
practitioner, in collaboration with one or more physicians or
podiatrists,
may provide preventive and primary care services and evaluate
and promote patient wellness within the nurse's nursing specialty,
consistent with the nurse's education and certification, and in
accordance with rules adopted by the board.
A certified nurse practitioner who holds a certificate to
prescribe issued under section 4723.48 of the
Revised
Code may, in collaboration with
one or more physicians or podiatrists, prescribe drugs and therapeutic
devices in accordance with section 4723.481 of the Revised Code.
When a certified nurse
practitioner is collaborating with a podiatrist, the nurse's
scope of practice is limited to the procedures that the podiatrist has the
authority under section 4731.51 of the Revised
Code to perform.
(D) A nurse authorized to practice as a
clinical nurse specialist, in collaboration with one or more physicians
or podiatrists, may provide and manage the care of individuals and
groups with complex health problems and provide health care
services that promote, improve, and manage health
care within the nurse's nursing specialty, consistent with the nurse's
education and in accordance with rules adopted by the board.
A clinical nurse specialist who holds a certificate to
prescribe issued under section 4723.48 of the
Revised
Code may, in collaboration with
one or more physicians or podiatrists, prescribe drugs and therapeutic
devices in accordance with section 4731.481 4723.481 of the
Revised Code.
When a clinical nurse specialist is collaborating with a podiatrist,
the nurse's scope of practice is limited to the procedures that the
podiatrist has the authority under section 4731.51 of the
Revised Code to perform.
Sec. 4723.47. (A) If a certified registered nurse
anesthetist's, clinical nurse specialist's, certified nurse-midwife's, or
certified nurse practitioner's license to practice nursing as a registered
nurse expires for failure to renew under section 4723.24 of the
Revised Code, the nurse's certificate of authority to
practice nursing as a certified registered nurse anesthetist,
clinical nurse specialist, certified nurse-midwife, or certified nurse
practitioner
is lapsed until the license is
reinstated. If
the license is revoked under section 4723.28 or 4723.281 of the
Revised Code, the nurse's certificate of authority is
automatically revoked. If the license is suspended under either
section, the nurse's certificate of authority is automatically suspended
while the license remains suspended.
IF THE LICENSE IS CLASSIFIED AS
INACTIVE UNDER SECTION 4723.24 of the Revised Code, THE NURSE'S CERTIFICATE OF AUTHORITY IS
AUTOMATICALLY CLASSIFIED AS INACTIVE WHILE THE LICENSE REMAINS INACTIVE.
(B) If a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner holds a certificate to
prescribe issued under section 4723.48 of the Revised Code and the nurse's
certificate of authority to practice as a
clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner expires for failure to renew
under section 4723.41 of the
Revised Code, the nurse's certificate to prescribe is lapsed
until the certificate of authority is reinstated. If the
certificate of authority becomes inactive in
accordance with section 4723.42 of the
Revised
Code, the nurse's certificate
to prescribe is lapsed
until the certificate of authority becomes active. If
the certificate of authority is revoked under section 4723.28 or
4723.281 of the Revised
Code, the nurse's certificate
to prescribe is automatically revoked. If the certificate of
authority is suspended under either section, the nurse's
certificate to prescribe is automatically suspended while the
certificate of authority remains suspended. If a restriction is placed
on the certificate of authority under section 4723.28 of the
Revised Code, the same restriction is
placed on the nurse's certificate to prescribe while the
certificate of authority remains restricted.
Sec. 4723.99. Whoever (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, WHOEVER violates section 4723.03 or 4723.44
of the Revised Code
shall be fined five hundred dollars or imprisoned not more than ninety days
or both
IS GUILTY OF A FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE AND A
FELONY OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE.
(B) A REGISTERED NURSE OR LICENSED PRACTICAL NURSE WHO VIOLATES
DIVISION (A) OR (B) OF SECTION 4723.03 OF THE
REVISED CODE BY
REASON OF A LICENSE TO PRACTICE NURSING THAT HAS LAPSED FOR FAILURE TO
RENEW OR IS CLASSIFIED AS INACTIVE IS GUILTY OF A MINOR
MISDEMEANOR.
Sec. 4731.27. (A) As used in this section, "collaboration,"
"physician," "standard
care arrangement," and "supervision" have the same
meanings as in section 4723.02 4723.01 of the
Revised Code.
(B) Except as provided in division (C)(1) of section
4723.431 of the Revised Code, a
physician or podiatrist shall enter into a standard care arrangement
with each clinical nurse specialist, certified nurse-midwife,
or certified nurse
practitioner with whom the physician or podiatrist is in collaboration.
The collaborating physician or podiatrist shall
fulfill the responsibilities of collaboration, as specified in the arrangement
and in accordance with division (A) of
scetion SECTION 4723.431 of the Revised Code. A copy of the
standard care
arrangement shall be retained on file at each site where the
nurse practices. Prior approval of
the standard care arrangement by the state medical board is not required, but
the board may periodically review it.
Nothing in this division
prohibits a hospital from hiring a
clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner as an
employee and negotiating standard care arrangements on behalf of the employee
as necessary to meet the requirements of this section. A standard care
arrangement between the hospital's employee and the employee's collaborating
physician is subject to approval by the medical staff and governing body of
the hospital prior to implementation of the arrangement at the hospital.
(D)(C) With respect to a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner
participating in an
externship pursuant to an initial certificate to prescribe issued under
section 4723.48 of the Revised
Code, the physician responsible for evaluating the externship
shall provide the state medical board with the name of the nurse. If the
externship is terminated for any reason, the
physician shall notify the board.
(D) A physician or podiatrist shall cooperate with the
board
of nursing in any investigation the board conducts with respect to
a clinical nurse
specialist, certified nurse-midwife, or certified nurse
practitioner who collaborates with the physician or podiatrist
or with
respect to a certified registered nurse anesthetist who practices
with the supervision of the physician or podiatrist.
Sec. 4731.281. (A) On or before the deadline established under division
(B) of this section for applying for renewal
of a certificate of registration, each person
holding a certificate under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, or podiatry shall
certify to the state medical board that in the preceding two years the person
has completed one
hundred hours of continuing medical education. The
certification shall be made upon the application for biennial
registration submitted pursuant to division
(B) of this section. The board shall adopt rules providing for pro rata
reductions by
month of the number of hours of continuing education required
for persons who are in their first registration period, who have a
registration period of less than two years due to initial implementation of
the staggered renewal schedule established under division (B) of this
section, who have
been disabled due to illness or accident, or who have been
absent from the country.
In determining whether a course, program, or activity
qualifies for credit as continuing medical education, the board
shall approve all continuing medical education taken
by persons holding a certificate to practice medicine and surgery
that is certified by the Ohio state medical association,
all continuing medical education taken by
persons holding a certificate to practice osteopathic medicine
and surgery that is certified by the Ohio osteopathic
association, and all continuing medical
education taken by persons holding a certificate to practice
podiatry that is certified by the Ohio podiatric medical
association. Each person holding a certificate
to practice under this chapter
shall be given sufficient choice of continuing education programs
to ensure that the person has had a reasonable opportunity to
participate
in continuing education programs that are relevant to the person's
medical
practice in terms of subject matter and level.
The board may
require a random sample of persons holding a certificate to
practice under this chapter to submit materials documenting
completion of the continuing medical education requirement during
the preceding registration period, but this provision shall not
limit the board's authority to investigate pursuant to section
4731.22 of the Revised Code.
(B)(1) Every person holding a certificate under this chapter to
practice medicine and surgery, osteopathic medicine and surgery,
or podiatry wishing to renew that certificate shall
apply to the board for a certificate of
registration upon an application furnished by the board, and pay to the
board at the time of application a fee of three
hundred five dollars, according to the following
schedule:
(a) Persons whose last name begins with the letters "A" through
"B," on or before April 1, 2001, and the first day of April of
every odd-numbered year thereafter;
(b) Persons whose last name begins with the letters "C" through
"D," on or before January 1, 2001, and the first day of January
of every odd-numbered year thereafter;
(c) Persons whose last name begins with the
letters "E" through "G," on or before October 1,
2000, and the first
day of October of every
even-numbered year thereafter;
(d) Persons whose last name begins
with the letters "H" through
"K," on or before July 1, 2000, and the first day
of July of every even-numbered year thereafter;
(e) Persons whose last name begins with the
letters "L" through
"M," on or before April 1, 2000, and the first
day of April of every even-numbered year thereafter;
(f) Persons whose last name begins with the
letters "N" through
"R," on or before
January 1, 2000, and the first
day of January of every
even-numbered year thereafter;
(g) Persons whose last name begins
with the letter "S," on or before October 1, 1999, and the
first day of October of every odd-numbered year thereafter;
(h) Persons whose last name begins
with the letters "T" through "Z," on or before
July 1, 1999, and the first day of July of every
odd-numbered year thereafter.
The board shall deposit the
fee in accordance with section 4731.24 of
the Revised Code, except that,
until July 30, 2001, the
board shall deposit twenty dollars of the fee into the state treasury
to the credit of the physician loan repayment fund created by
section 3702.78 of the Revised Code.
(2) The board shall mail or cause to be mailed to every person
registered to practice medicine and surgery, osteopathic medicine
and surgery, or podiatry, an application for registration
addressed to the person's last known post-office address or
may cause the application to be sent to
the person through the
secretary of any recognized medical, osteopathic, or podiatric
society, according to the following schedule:
(a) To persons whose last name begins with the letters "A"
through "B," on or before January 1, 2001, and the first
day of January of every odd-numbered year thereafter;
(b) To persons whose last name begins with the
letters "C" through "D," on or before
October 1, 2000, and the first day of October of every
even-numbered year thereafter;
(c) To persons whose last name begins with the
letters "E" through
"G," on or before
July 1, 2000, and the first day
of July of every even-numbered
year thereafter;
(d) To persons whose last name begins
with the letters "H" through
"K," on or before
April 1, 2000, and the first
day of April of every
even-numbered year thereafter;
(e) To persons whose last name begins with the
letters "L" through
"M," on or before
January 1, 2000, and the first
day of January of every
even-numbered year thereafter;
(f) To persons whose last name begins with the
letters "N" through
"R," on or before
October 1, 1999, and the first
day of October of every
odd-numbered year thereafter;
(g) To persons whose last name begins
with the letter "S," on or
before July 1, 1999, and the
first day of July of every
odd-numbered year thereafter;
(h) To persons whose last name begins
with the letters "T" through
"Z," on or before
April 1, 1999, and the first
day of April of every
odd-numbered year thereafter.
Failure of any person to receive an application from
the board shall not excuse the person from the requirements
contained in
this section. The application shall contain proper spaces for the
applicant's signature and the insertion of the required
information, including a statement that the person has
fulfilled the
continuing education requirements imposed by this section.
The applicant shall write or cause to be written upon the
application so furnished the applicant's full name,
principal
practice
address and residence address, the number of the applicant's
certificate to
practice, and any other facts for the identification of the
applicant as a person holding a certificate to practice under
this chapter as the board considers necessary. The
applicant shall include with the application a list of the names and addresses
of any clinical nurse specialists, certified nurse-midwives, or certified
nurse practitioners with whom the applicant is currently collaborating,
as defined in section 4723.02 4723.01 of the Revised Code.
The applicant shall
execute
and deliver the application to the board by mail or in
person. Every person
registered under this section shall give written notice to the
board of any change of principal practice address or residence
address or in the list within thirty days of the change.
The applicant shall report any criminal offense that
constitutes grounds for refusal of registration under section
4731.22 of the Revised Code to which the applicant has pleaded
guilty, of which the applicant has been
found guilty, or
for which the applicant has been found eligible for treatment
in lieu of conviction, since last
signing an application for
a certificate of registration.
(C) The board shall issue to any person holding a certificate
under this chapter to practice medicine and surgery, osteopathic
medicine and surgery, or podiatry, upon application and
qualification therefor in accordance with this section, a
certificate of registration under the seal of the board. A
certificate of registration shall be valid for a two-year period,
commencing on
the first day of the third month after the registration fee
is due and expiring on the last day of
the month two years
thereafter.
The board shall publish
and
cause to be mailed to each person registered under this section,
upon request, a printed list of the persons so registered.
(D) Failure of any certificate holder to register and comply
with this section shall operate automatically to suspend the
holder's
certificate to practice. Continued
practice after the
suspension of the certificate to practice shall be considered as
practicing in violation of section 4731.41,
4731.43, or 4731.60 of the Revised Code.
Subject to section 4731.222 of the Revised Code, the
board shall reinstate a certificate to practice
for failure to register upon an applicant's submission of the
biennial registration fee, the
applicable monetary penalty, and certification by signature of the
applicant that the applicant has completed the requisite
continuing medical education. The penalty for reinstatement shall be
fifty dollars if
the certificate has been suspended for two years or less and
one hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in
accordance with section 4731.24 of the Revised
Code.
(E) If an individual certifies completion of the number of hours
and
type of continuing medical education required to receive a
certificate of registration or reinstatement of a certificate to
practice, and the board finds through the random samples it
conducts under this section or through any other means that the
individual did not complete the requisite continuing medical
education, the board may impose a civil penalty of not more than
five thousand dollars. The board's finding shall be made
pursuant to an adjudication under Chapter 119. of the
Revised Code and by an affirmative vote of not
fewer than six members.
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4731.22 of the Revised Code. The
board shall deposit civil penalties in accordance with section
4731.24 of the Revised Code.
(F) The state medical board may obtain information not
protected by statutory or common law privilege from courts and
other sources concerning malpractice claims against any person
holding a certificate to practice under this chapter or
practicing as provided in section 4731.36 of the Revised Code.
Sec. 4743.05. Except as otherwise provided in sections
4701.20, 4723.061, and 4729.65 of the Revised Code, all money
collected under Chapters 3773., 4701., 4703., 4709., 4713., 4715.,
4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., 4741.,
4753., 4755., 4757., 4759., and 4761. of the Revised Code shall
be paid into the state treasury to the credit of the occupational
licensing and regulatory fund, which is hereby created for use in
administering such chapters. Money deposited to
the credit of the fund under section 4731.24 of the Revised Code shall be used
until July 1, 1998, for administering Chapters 4730. and 4731.
of the Revised Code.
At the end of each quarter, the director of budget and management shall
transfer
from the occupational licensing and regulatory fund to the nurse
education assistance fund created in section 3333.28
of the Revised Code the amount certified to the director
under division (B) of section 4723.08 of the Revised Code.
At the end of the first quarter of 1995 and at the end of
each quarter thereafter, the director shall transfer from the
occupational licensing and regulatory fund to the certified
public accountant education assistance fund created in section
4701.26 of the Revised Code the amount certified to the
director under division (D)(2) of section 4701.10 of the Revised Code.
Sec. 4751.05. (A) The board of examiners of nursing home
administrators shall admit to examination for licensure as a
nursing home administrator any candidate who:
(1) Pays the application fee of fifty dollars;
(2) Submits evidence of good moral character and
suitability;
(3) Is at least eighteen years of age;
(4) Has completed educational requirements and work
experience satisfactory to the board;
(5) Submits an application on forms prescribed by the
board;
(6) Pays the examination fee of one hundred fifty dollars.
(B) Nothing in Chapter 4751. of the Revised Code or the rules
adopted thereunder shall be construed to require an applicant for
licensure or a temporary license, who is employed by
an institution for the care and treatment of the sick
to demonstrate proficiency in any medical
techniques or to meet any medical educational qualifications or
medical standards not in accord with the remedial care and
treatment provided by the institution if the
institution is all of the following:
(1) Operated exclusively for patients who use spiritual means for
healing and for whom the acceptance of medical care is inconsistent with their
religious beliefs;
(2) Accredited by a national accrediting organization;
(3) Exempt from federal income taxation under section 501 of the
Internal
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,
as amended;
(4) Providing twenty-four hour nursing care pursuant to the exemption
in division (G)(E) of section 4723.32 of the Revised Code from
the licensing
requirements of Chapter 4723. of the Revised Code.
(C) If a person fails three times to attain a passing
grade on the examination, said person, before the person may
again be admitted to examination, shall meet such additional education or
experience requirements, or both, as may be prescribed by the
board.
Sec. 5111.04. (A) As used in this section:
(1) "Outpatient health facility" means a facility that
provides comprehensive primary health services by or under the
direction of a physician at least five days per week on a
forty-hour per week basis to outpatients, is operated by the
board of health of a city or general health district or another
public agency or by a nonprofit private agency or organization
under the direction and control of a governing board that has no
health-related responsibilities other than the direction and
control of one or more such outpatient health facilities, and
receives at least seventy-five per cent of its operating funds
from public sources, except that it does not include an
outpatient hospital facility or a federally qualified health
center as defined in Sec. 1905(l) (2)(B) of the "Social Security
Act," 103 Stat. 2264 (1989), 42 U.S.C.A. 1396d(l)(2)(B).
(2) "Comprehensive primary health services" means
preventive, diagnostic, therapeutic, rehabilitative, or
palliative items or services that include all of the following:
(a) Services of physicians, physician assistants, and
certified nurse practitioners;
(b) Diagnostic laboratory and radiological services;
(c) Preventive health services, such as children's eye and
ear examinations, perinatal services, well child services, and
family planning services;
(d) Arrangements for emergency medical services;
(e) Transportation services.
(3) "Certified nurse practitioner" has the same meaning as in section
4723.02 4723.01 of the Revised Code.
(B) Outpatient health facilities are a separate category
of medical care provider under the rules governing the
administration of the medical assistance program established
under section 5111.01 of the Revised Code. Rates of
reimbursement for items and services provided by an outpatient
health facility under this section shall be prospectively
determined by the department of job and family services not less often
than once each year, shall not be subject to retroactive
adjustment based on actual costs incurred, and shall not exceed
the maximum fee schedule or rates of payment, limitations based
on reasonable costs or customary charges, and limitations based
on combined payments received for furnishing comparable services,
as are applicable to outpatient hospital facilities under Title
XVIII of the "Social Security Act." In determining rates of
reimbursement prospectively, the department shall take into
account the historic expenses of the facility, the operating
requirements and services offered by the facility, and the
geographical location of the facility, shall provide incentives
for the efficient and economical utilization of the facility's
resources, and shall ensure that the facility does not
discriminate between classes of persons for whom or by whom
payment for items and services is made.
(C) A facility does not qualify for classification as an
outpatient health facility under this section unless it:
(1) Has health and medical care policies developed with
the advice of and subject to review by an advisory committee of
professional personnel, including one or more physicians, one or
more dentists if dental care is provided, and one or more
registered nurses;
(2) Has a medical director, a dental director, if dental
care is provided, and a nursing director responsible for the
execution of such policies, and has physicians, dentists,
nursing, and ancillary staff appropriate to the scope of services
provided;
(3) Requires that the care of every patient be under the
supervision of a physician, provides for medical care in case of
emergency, has in effect a written agreement with one or more
hospitals and one or more other outpatient facilities, and has an
established system for the referral of patients to other
resources and a utilization review plan and program;
(4) Maintains clinical records on all patients;
(5) Provides nursing services and other therapeutic
services in compliance with applicable laws and rules and under
the supervision of a registered nurse, and has a
registered nurse on duty at all times when the
facility is in operation;
(6) Follows approved methods and procedures for the
dispensing and administration of drugs and biologicals;
(7) Maintains the accounting and record-keeping system
required under federal laws and regulations for the determination
of reasonable and allowable costs.
Section 2. That existing sections 121.22, 3313.68, 3701.85, 3702.51, 3719.13,
3721.34, 3727.01, 4723.02, 4723.04, 4723.051, 4723.06,
4723.061,
4723.07,
4723.08, 4723.09, 4723.15, 4723.24, 4723.28, 4723.281, 4723.31,
4723.32,
4723.34, 4723.341, 4723.35, 4723.39, 4723.42, 4723.43, 4723.47,
4723.99, 4731.27, 4731.281,
4743.05, 4751.05, and 5111.04 and section 4723.342 of the
Revised Code are hereby repealed.
Section 3. The amendment made by this act to section 4723.02 of the Revised
Code providing for a four-year term of office for members of the Board of
Nursing
does not affect the terms of the members holding office on the effective date
of
this act.
Section 4. The authority this act grants to the Board of Nursing
to take disciplinary action under section 4723.28 of the Revised
Code against a person who has been found eligible for intervention
in lieu of conviction extends to a person who, prior to the
effective date of Am. Sub. S.B. 107 of the 123rd General Assembly,
was found eligible for treatment in lieu of conviction.
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