130th Ohio General Assembly
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As Passed by the House

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 511

REPRESENTATIVES SCHURING-VAN VYVEN-VESPER-GRENDELL- ASLANIDES-MOTTLEY-TIBERI-GOODMAN-OGG-HOLLISTER-TERWILLEGER- WIDENER-STEVENS-PATTON-SYKES-KRUPINSKI-MYERS-OLMAN-AUSTRIA- BRITTON-BARRETT-BENDER-SALERNO


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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