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(123rd General Assembly)(Substitute Senate Bill Number 111)
AN ACT
To amend sections 121.22, 4723.02, 4723.04, 4723.06, 4723.07, 4723.08,
4723.271, 4723.28, 4723.281, 4723.282, 4723.34, 4723.341, 4723.35, 4723.63,
and 4723.99 and to enact sections 4723.71, 4723.72, 4723.73, 4723.74, 4723.75,
4723.751, 4723.76, 4723.77, 4723.78, and 4723.79 of the Revised Code to
require
that the Board of Nursing establish a certification program for dialysis
technicians.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 121.22, 4723.02, 4723.04, 4723.06, 4723.07, 4723.08,
4723.271, 4723.28, 4723.281, 4723.282, 4723.34, 4723.341, 4723.35, 4723.63,
and 4723.99 be amended and sections 4723.71, 4723.72, 4723.73, 4723.74,
4723.75, 4723.751, 4723.76, 4723.77, 4723.78, and 4723.79 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 or certificate 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. 4723.02. 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 prescribed by licensed physicians;
dentists; optometrists;
podiatrists; or, until January 1,
2010, advanced practice nurses authorized to prescribe under
section 4723.56 of the Revised Code; (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, 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
prescribed by a licensed physician;
dentist; optometrist;
podiatrist; or, until January 1, 2010,
an advanced practice nurse authorized to prescribe under section
4723.56 of the Revised Code, except that administration of
intravenous therapy shall be performed only in accordance with section 4723.48
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
prescribed by a licensed physician; dentist; optometrist; podiatrist; or,
until January 1, 2010, an advanced practice nurse
authorized to prescribe under section 4723.56 of the Revised
Code,
on the condition that the licensed practical nurse is authorized by the board
of nursing
pursuant to section 4723.48 of the Revised Code
to perform intravenous therapy
and performs intravenous
therapy only in accordance with section 4723.48 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
who holds a certificate issued under Chapter 4731. of
the
Revised Code authorizing the practice
of medicine
and surgery or osteopathic medicine and surgery and is practicing
in this state. (L) "Dentist" means an individual who
is licensed under Chapter 4715. of the Revised
Code to practice dentistry and is practicing in this
state. (M) "Podiatrist" means an individual
who holds a certificate issued under Chapter 4731. of the
Revised Code authorizing the practice of podiatry
and is practicing in this state. (N) "Collaboration" or "collaborating" means the
following: (1) In the case of a clinical nurse specialist, except
as provided in division (N)(3) of this section, or a certified nurse
practitioner, that a podiatrist acting within the podiatrist's scope of
practice in accordance with section 4731.51 of the
Revised Code and with whom the nurse has entered into a
standard care arrangement or physician with whom the nurse has entered into a
standard care arrangement is 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 a physician with whom
the certified nurse-midwife has entered into a standard care arrangement is
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 whose nursing specialty
is mental health or psychiatric mental health, that a physician is
continuously
available to communicate with the nurse either in person or by radio,
telephone, or other form of telecommunication. (O) "Supervision" means that a 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. (P) "Standard care arrangement" means a
written, formal guide for planning and evaluating a patient's health care that
is developed by a collaborating physician or podiatrist and a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner and meets
the requirements of section 4723.431 of the
Revised Code. (Q) "Dialysis care" means the care and procedures that a dialysis
technician is authorized to provide and perform, as specified in section
4723.72 of the Revised Code. (R) "Dialysis technician" means an individual who holds a
current, valid certificate or temporary certificate issued under this chapter
that authorizes the individual to practice as a dialysis technician in
accordance with section 4723.72 of the Revised Code. Sec. 4723.04. 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 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. 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 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 years,
commencing on the first day of January and ending on the
thirty-first day of December. 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
her 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 her the member's term until her the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
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 his 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 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 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. 4723.06. (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 under Chapter 119. of the Revised
Code; (2) Examine applicants for licensure to practice as a
registered nurse or as a licensed practical nurse; (3) Issue and renew nursing licenses and dialysis technician
certificates, 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 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 under Chapter
119. of the Revised Code to consider the program. Based on
results of the hearing, 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 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, for nurses and
for dialysis technicians; (10) Establish the alternative program for chemically dependent nurses
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) Make an annual report to the governor, which shall
be
open for public inspection; (15) 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 nursing licenses,
registrations, and certificates granted under this chapter and dialysis
technician 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 and dialysis
technicians. (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. Sec. 4723.07. In accordance with Chapter 119. of the
Revised Code, the board of nursing shall adopt and may amend and
rescind rules: (A) Providing for its government and control of its
actions and business affairs; (B) Establishing minimum curricula and standards for
nursing education programs that prepare graduates to take
licensing examinations, and establishing procedures for granting,
renewing,
and withdrawing approval of those programs; (C) Establishing requirements that applicants for
licensure must meet to be permitted 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; (E) Establishing 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 that persons must meet to be
authorized by the board to approve continuing nursing education
programs and courses and a schedule to have that authorization renewed; (G) Establishing requirements, including continuing
education requirements, for restoring inactive nursing
licenses and dialysis technician certificates
issued under this chapter and nursing
licenses and dialysis technician certificates that have lapsed through
failure to renew; (H) Establishing requirements for issuing endorsements of nursing licenses
and dialysis technician certificates issued by another state; (I) Governing conditions that may be imposed for
reinstatement of a nursing license or dialysis technician certificate
issued under this chapter
following action taken under sections 2301.373,
4723.28, and 4723.281 of the Revised Code resulting in a
suspension from
practice; (I)(J) Establishing standards for approval of peer support
programs for nurses persons who hold a nursing license or dialysis
technician certificate issued
under this chapter;
(J)(K) Establishing requirements for board
approval of courses in medication administration by licensed
practical nurses;
(K)(L) Establishing criteria for specialty certification of
registered nurses;
(L)(M) Establishing 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)(N) Establishing universal blood and body fluid
precautions that shall be used by each person licensed holding a
nursing license or dialysis technician certificate issued 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)(O) Establishing 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)(P) Establishing quality assurance
standards for certified registered nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, or certified nurse practitioners;
(P)(Q) Establishing 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)(R) Establishing 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.
Subject to Chapter 119. of the Revised Code, the board may
adopt other rules necessary to carry out the provisions of this
chapter. 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 temporary dialysis technician certificate,
the amount specified in rules adopted under section 4723.79 of the Revised Code; (5) For application for a full dialysis technician certificate,
the amount specified in rules adopted under section 4723.79 of the Revised Code; (6) For verification of a nursing license or,
certificate of authority, or dialysis technician certificate to another
jurisdiction,
fifteen dollars; (5)(7) For providing a replacement copy of a nursing
license or,
certificate of authority, or dialysis technician certificate, fifteen
dollars;
(6)(8) For biennial renewal of any a nursing
license, thirty-five dollars;
(7)(9) 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 dollars;
(8)(10) For biennial renewal of a dialysis technician
certificate,
the amount specified in rules adopted under section
4723.79 of the Revised Code;
(11) For processing a late application for renewal of any
a nursing
license or, certificate of authority, or dialysis technician
certificate, fifty dollars; (9)(12) 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;
(10)(13) 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;
(11)(14) For each year for
which authorization to approve
continuing
nursing education programs and courses is renewed,
one hundred fifty dollars;
(12)(15) For application for approval to operate a
dialysis training program, the amount specified in rules adopted under section
4723.79 of the Revised Code;
(16) For written verification of a nursing license
or,
certificate of authority, or dialysis technician 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, 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. Sec. 4723.271. The board of nursing shall provide a replacement copy of a
nursing license or, certificate of authority, or
dialysis technician certificate issued under this chapter upon request of
the holder
accompanied by proper identification as prescribed in rules adopted by the
board and payment of the fee authorized under section 4723.08 of the Revised
Code. Upon request of the holder of a nursing license, certificate
of authority, or dialysis technician certificate issued under
this chapter and payment
of the fee authorized under section 4723.08 of the Revised Code, the board
shall verify to an agency of another jurisdiction or foreign country the fact
that the person holds such nursing license, certificate of
authority, or dialysis technician certificate. 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 nursing license
or, certificate of authority, or dialysis technician
certificate
to a person
found by the board to have committed fraud in passing the an
examination required to obtain the license, certificate of authority, or
dialysis technician certificate or to have committed fraud,
misrepresentation, or
deception in applying for or securing any nursing license
or, certificate of authority, or dialysis technician
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 nursing
license
or, certificate of authority, or dialysis technician
certificate issued by
the board; reprimand or otherwise discipline a holder of a
nursing
license or, certificate of authority, or dialysis technician
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) 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, revocation,
suspension, or restriction of a license authority to practice a
health
care
occupation other than, including nursing or practice
as a dialysis technician, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction; (2) Engaging in the practice of nursing or engaging in practice as a
dialysis technician, having failed to
renew a nursing license or dialysis technician certificate
issued under this chapter, or while a nursing license or dialysis
technician certificate is under
suspension; (3) Conviction of, a plea of guilty to, or a judicial
finding of guilt of a misdemeanor committed in the course of
practice; (4) Conviction of, a plea of guilty to, or a judicial
finding of guilt of any felony or of any crime involving gross
immorality or moral turpitude; (5) Selling, giving away, or administering drugs for other
than legal and legitimate therapeutic purposes; or conviction of,
a plea of guilty to, or a judicial finding of guilt of violating
any municipal, state, county, or federal drug law; (6) Conviction of, a plea of guilty to, or a judicial
finding of guilt of 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 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 in any way not in accordance with a legal,
valid prescription; (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 of being mentally ill or mentally
incompetent. The board may restore the person's nursing license or
dialysis technician certificate 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 nursing license or
dialysis technician certificate 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 or safe dialysis 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) In the case of a dialysis technician, engaging in activities that
exceed those permitted under section 4723.72 of the Revised Code; (23) Aiding and abetting a person in the unlicensed
that person's practice of
nursing without a license or practice as a dialysis technician without a
certificate issued under this chapter; (23)(24) 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, 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)(25) Failure to comply with the terms and conditions of
participation in
the alternative program for chemically dependent nurses chemical
dependency created by section
4723.35 of the Revised Code;
(25)(26) 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)(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;
(29) Regardless of whether the contact or verbal behavior is consensual,
engaging with a patient other than the spouse of the registered nurse,
licensed practical nurse, or dialysis technician
in any of the following: (a) Sexual contact, as defined in section 2907.01 of the Revised Code; (b) Verbal behavior that is sexually demeaning to the patient or
may be reasonably interpreted by the patient as sexually demeaning. (C) If a criminal action is brought against a license
holder registered nurse, licensed practical nurse, or dialysis
technician 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 an
adjudication hearing to determine whether the license holder
registered nurse, licensed practical nurse, or dialysis technician
committed the act
on which the action was based. If the board determines on the
basis of the hearing that the license holder registered nurse,
licensed practical nurse, or dialysis technician committed the act,
or if the license holder registered nurse, licensed practical nurse,
or dialysis technician fails to participate in the hearing, the
board may take action as though the license holder registered nurse,
licensed practical nurse, or dialysis technician 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 as described
in divisions (B)(3) to (7) of this section that is overturned on
appeal, the license holder registered nurse, licensed practical
nurse, or dialysis technician 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 an adjudicatory hearing to determine
whether the license holder registered nurse, licensed practical
nurse, or dialysis technician committed the act on which the
original conviction, plea, or judicial determination was based.
If the board determines on the basis of the hearing that the
license holder registered nurse, licensed practical nurse, or
dialysis technician committed such act, or if the license holder
registered nurse, licensed practical nurse, or dialysis technician does
not request a hearing, 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 this section, the board
may compel any individual licensed by this chapter registered nurse,
licensed practical nurse, or dialysis technician or who has
applied for licensure applicant under this chapter to submit to a
mental or physical
examination, or both, as required by the board and at the expense
of the individual. 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 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 authority to practice. The individual shall
be afforded
an opportunity to demonstrate to the board that the individual can
resume
the individual's occupation in compliance with acceptable and
prevailing
standards under the provisions of the individual's license authority
to practice. For
the purpose
of this section, any individual who is licensed by this chapter
registered nurse, licensed practical nurse, or dialysis technician or
makes application for licensure applicant under this chapter
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) 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. 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 registered nurse, licensed practical nurse, or dialysis
technician. 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. If the investigation requires a review of patient records,
the investigation and proceeding shall be conducted in such a
manner as to protect patient confidentiality. All hearings 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) 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) No unilateral surrender of a nursing license,
certificate of authority, or dialysis technician certificate issued
under this
chapter shall be effective unless accepted by majority vote of
the board. No application for a nursing license, certificate
of authority, or dialysis technician certificate issued under this
chapter may be withdrawn without a majority vote of the board. (H) Notwithstanding division (B)(23)(24) of this section,
sanctions shall not be imposed against any licensee who waives
deductibles and copayments: (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 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. 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," "aggravated arson," 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 who holds a nursing license
or
dialysis technician certificate issued under this chapter if it
determines that there is evidence that the license or certificate
holder is
subject to actions under division (B) of section 4723.28 of the
Revised Code and that there is clear and convincing evidence that
continued practice by the license or certificate holder presents a
danger of
immediate and serious harm to the public. The president and the
executive director of the board 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 the
summary suspension. The description of the evidence and
information may be given and the vote taken by telephone
conference call. 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 or certificate holder
requests an
adjudication hearing, the date set for the hearing shall be
within fifteen days but not earlier than seven days after the
license or certificate holder has requested a hearing, unless another
date is
agreed to by both the license or certificate holder 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. If the board does
not issue such 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 or certificate of a person licensed
under this chapter registered nurse, licensed practical nurse, or
dialysis technician is
automatically suspended on that person's conviction, plea of
guilty, or judicial determination of guilt of 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, aggravated arson, or
aggravated burglary. The suspension shall remain in effect from
the date of the conviction, plea, or finding until an
adjudicatory hearing 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 registered nurse,
licensed practical nurse, or dialysis technician. If
the license
holder registered nurse, licensed practical nurse, or dialysis
technician is notified and either fails to request an
adjudicatory
hearing within the time periods established by Chapter 119. of
the Revised Code or fails to participate in the hearing, the
board may enter a final order revoking the person's license or
certificate. Sec. 4723.282. (A) As used in this section,
"practice deficiency" means any activity that does not meet
acceptable and prevailing standards of safe and effective
nursing care or dialysis care. (B) The board of nursing may abstain from taking
disciplinary action under section 4723.28 of the Revised
Code against the holder of a license or certificate
issued under this chapter who has a practice deficiency
that has been identified by the board through an investigation conducted under
section 4723.28 of the Revised Code. The board
may abstain from taking action only if the board has reason to believe
that the individual's practice deficiency can be corrected
through remediation, and if the individual
enters into an agreement with the board to seek remediation
as prescribed by the board, complies with the terms and conditions
of the remediation, and successfully completes the remediation.
If an individual fails to complete the remediation or the board
determines that remediation cannot correct the individual's
practice deficiency, the board shall proceed with disciplinary
action in accordance with section 4723.28 of the Revised
Code. (C) To implement its authority under this section to
abstain from taking disciplinary action, the board shall
establish a practice intervention and improvement program. The
board shall designate an administrator to operate the program
and, in accordance with Chapter 119. of the
Revised Code, adopt rules for the program that
establish the following: (1) Criteria for use in identifying an individual's practice
deficiency; (2) Requirements that an individual must meet to be eligible
for remediation and the board's abstention from disciplinary
action; (3) Standards and procedures for prescribing remediation
that is appropriate for an individual's identified practice
deficiency; (4) Terms and conditions that an individual must meet to be
successful in completing the remediation prescribed; (5) Procedures for the board's monitoring of the
individual's remediation; (6) Procedures for maintaining confidential records
regarding individuals who participate in remediation; (7) Any other requirements or procedures necessary to
develop and administer the program. (D) All records held by the board for purposes of the
program shall be confidential, are not public records for
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 shall maintain all records in the board's office in
accordance with the board's record retention schedule. (E) When an individual begins the remediation
prescribed by the board, the individual shall sign a waiver
permitting any entity that provides services related to the
remediation to release to the board information regarding the
individual's progress. An entity that provides services related
to remediation shall report to the board if the individual fails
to complete the remediation. In the absence of fraud or bad faith, an entity that reports
to the board regarding an individual's practice deficiency, or
progress or lack of progress in remediation, is not liable in
damages to any person as a result of making the report. (F) An individual participating in remediation
prescribed under this section is responsible for all financial
obligations that may arise from obtaining or completing the
remediation. Sec. 4723.34. (A) Every employer of registered nurses or,
licensed practical nurses, or dialysis technicians shall report
to the board of nursing
the name of any person licensed who holds a nursing license or
dialysis technician certificate
issued under this chapter whose
employment has been terminated voluntarily or involuntarily
because of conduct that would be grounds for disciplinary action
by the board under division (B) of section 4723.28 of the Revised
Code. (B) 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) 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 or holds a certificate issued under this chapter
to practice as a dialysis technician, 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 or certificate holder, the charge,
and the
certified court documents recording the action. (D) 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, or holding or applying for a certificate to practice as a
dialysis technician, 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
registered nurses or licensed practical nurses
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, as defined in section 3719.011 of the Revised Code, to
the extent that the user becomes physically or psychologically dependent on
the 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 chemical dependency. The progarm
program shall be available to registered nurses and
licensed practical nurses persons who hold a nursing license or
dialysis technician certificate issued under this chapter, have a
chemical
dependency, and meet eligibility
requirements. The board shall develop the program and designate an
administrator to operate it, and shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish the following: (1) Eligibility requirements for participation; (2) Terms and conditions a nurse participant must meet to
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 person who holds
a nursing license or dialysis technician certificate issued under this
chapter 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 person who
voluntarily seeks treatment if
it finds that the nurse person can be treated
effectively and that there is no impairment of ability to practice according
to
acceptable and prevailing standards of safe nursing or dialysis care.
The board may
require, as a condition of its abstention, that the nurse person
participate in the
alternative program for chemically dependent
nurses chemical dependency, comply with the terms and
conditions of the program, and successfully
complete it. (D) A nurse person who voluntarily participates in the
alternative
program for chemically dependent nurses chemical dependency
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 person shall
report to the board any
failure to comply with the terms and conditions of the
program or successfully complete it. (E) Except as provided in division (F) of this section,
all records,
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 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 person shall sign
a waiver permitting
the program administrator to release to the board the nurse's
person's records if the
nurse person 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 or dialysis care due to chemical
dependency.
The administrator
shall report to the board any such nurse person and
release the nurse's person's records to it. The board shall
then investigate in
accordance with division (E) of section 4723.28 of the Revised Code. (G) In the absence of fraud or bad faith, any person
reporting to
the program with regard to a nurse's chemical dependence of a person
who holds a nursing license or dialysis technician certificate issued under
this chapter, or the
progress or lack of progress of that nurse person with regard to
treatment, shall be
immune from any civil action and shall not be liable for civil damages as a
result of the report. Sec. 4723.63. On receipt of a notice pursuant to section
2301.373 of the Revised Code, the board of nursing shall comply with that
section with respect to a nursing license or dialysis technician
certificate issued pursuant to
this chapter. Sec. 4723.71. (A) There
is hereby established, under the board of nursing, the advisory
group on dialysis. The advisory group shall advise the board of
nursing regarding the qualifications, standards for training,
and competence of dialysis technicians and all other matters related to
dialysis
technicians. The advisory
group shall consist of the members appointed under
divisions (B) and
(C) of this section. A member of the board of nursing or a
representative appointed by the board shall serve as chairperson of all
meetings of the advisory group. (B) The board of nursing
shall appoint the following as members of the advisory
group: (1) Four dialysis technicians; (2) A registered nurse who regularly performs dialysis
and cares for patients who receive dialysis; (3) A physician, recommended by the state medical board, who specializes
in nephrology; (4) An administrator of a dialysis center; (5) A dialysis patient; (6) A representative of the association for hospitals and health systems
(OHA); (7) A representative from the end-stage renal disease
network, as defined in 42
C.F.R.
405.2102. (C) The members of the
advisory group appointed under division
(B) of this section may
recommend additional
persons to serve as members of the advisory group. The board of nursing may
appoint, as appropriate, any of the additional
persons recommended. (D) The board of nursing
shall specify the terms for the advisory group members.
Members
shall serve at the discretion of the board of
nursing. Members shall receive their actual and
necessary expenses incurred in the performance
of their official duties. (E) Section 101.84 of
the Revised
Code does not apply to the
advisory group. Sec. 4723.72. (A) A dialysis technician may engage in dialysis
care by doing the following: (1) Performing and monitoring dialysis procedures, including
initiating, monitoring, and discontinuing dialysis; (2) Drawing blood; (3) Administering any of the medications specified in division
(C) of this section when the administration is essential to the
dialysis
process; (4) Responding to complications that arise during dialysis. (B) A dialysis technician may provide the dialysis care
specified in division (A) of this section only if the care has
been delegated to the technician by a physician or registered nurse and the
technician is under the
supervision of a physician or registered nurse. Supervision requires that the
dialysis technician
be in the immediate presence of a physician or registered nurse,
or, in the case of dialysis care provided in a patient's home,
that the dialysis technician be supervised in accordance with the
rules adopted under section 4723.79 of the Revised Code for
supervision of dialysis technicians who provide dialysis care in a
patient's home. Division (E)(5) of section 4723.73 of the Revised Code does not
allow a dialysis technician who provides dialysis care in a patient's home to
provide dialysis care that is not authorized under this section. (C) A dialysis technician may
administer medication only as ordered by a
licensed health professional authorized to prescribe drugs as defined in
section 4729.01 of the Revised Code and in accordance with
the standards established in rules adopted under section 4723.79 of the
Revised
Code.
A dialysis technician may
administer only the following medications: (1) Intradermal lidocaine or other single therapeutically
equivalent local anesthetic for the purpose of initiating dialysis treatment; (2) Intravenous heparin or other single therapeutically
equivalent anticoagulant for the purpose of initiating and maintaining
dialysis treatment; (3) Intravenous normal saline; (4) Patient-specific dialysate, to which the person may add
electrolytes but no other additives or medications. Sec. 4723.73. (A) No
person shall claim to the public to be a dialysis technician
unless the person holds a current, valid certificate
issued under section 4723.75 or
renewed under section 4723.77 or a current, valid temporary certificate issued
under section 4723.76 of
the Revised
Code. (B) No person shall use
the title "Ohio certified
dialysis technician," the initials
"OCDT,"
or any
other title or initials to represent that the person is
authorized to perform dialysis care as a fully certified dialysis technician,
unless the person holds a
current, valid certificate issued under section 4723.75 or
renewed under section 4723.77 of the Revised Code. (C) No person shall use any title or initials to represent
that the person is authorized to perform dialysis care as a
temporarily certified dialysis technician, unless the person holds
a current, valid temporary certificate issued under section
4723.76 of the Revised Code. (D) No dialysis technician shall engage in dialysis care
in a
manner that is inconsistent with section 4723.72 of the Revised
Code. (E) No person other than a dialysis technician shall
engage in
the dialysis care that is authorized by section 4723.72 of the
Revised Code, unless one of the
following applies: (1) The person is a registered nurse or licensed practical
nurse. (2) The person is a physician. (3) The person is a student performing dialysis care under the
supervision of an instructor as an integral part of a dialysis training
program approved by the board of nursing under section 4723.74 of the
Revised Code. (4) The person is a dialysis patient who has been trained to
engage in the dialysis care with little or no professional assistance by
completing a Medicare-approved self-dialysis or home dialysis training
program. (5) The person is a family member or friend of a dialysis
patient who engages in self-dialysis or home dialysis, and the
person engages in the dialysis care by assisting the patient in
performing the self-dialysis or home dialysis, after the person providing the
assistance has completed a
Medicare-approved self-dialysis or home dialysis
training program for the particular dialysis patient being assisted. (F) No person shall operate a dialysis training program, unless
the program is approved by the board of nursing under section 4723.74 of
the Revised Code. Sec. 4723.74. A person who seeks to operate a dialysis
training program shall apply to the board of nursing for approval of the
program. Applications shall be submitted in
accordance with rules adopted under section 4723.79 of the
Revised
Code.
The person shall include with the application the
fee prescribed in those rules. If the program meets the
requirements for approval as specified in the rules, the board
shall approve the program. The board may withdraw the approval of a program
that ceases to meet the requirements for approval. A program shall apply for
reapproval and may be reapproved in accordance with rules adopted under
section 4723.79 of the Revised Code. Sec. 4723.75. (A) The
board of nursing shall issue a certificate to practice as a
dialysis technician to a person who meets all of the following
requirements: (1) The person applies to the board in accordance with
rules adopted under section 4723.79 of the
Revised
Code and includes with the
application the fee established in those rules. (2) The person is eighteen years of age or older and
possesses a high school diploma or high school equivalence
diploma. (3) The person meets the requirements established by the
board's rules. (4) The person demonstrates competency to practice as a dialysis
technician, as specified under division (B) of this section. (B) For a person to demonstrate competence to practice as a
dialysis technician, one of the following must apply: (1) The person meets all of the following requirements: (a) The person has successfully completed a
dialysis training program approved by the board under section
4723.74 of the Revised
Code. (b) The person has been employed to perform
dialysis care by a dialysis provider for not less than twelve months
prior to the date of application. (c) The person passes a certification examination
DEMONSTRATING
COMPETENCE TO PERFORM DIALYSIS care. THE person MUST
PASS THE EXAMINATION NOT LATER THAN EIGHTEEN
MONTHS AFTER ENTERING A DIALYSIS TRAINING PROGRAM APPROVED BY
THE BOARD UNDER SECTION 4723.74 OF THE REVISED
CODE. A person WHO DOES NOT PASS THE EXAMINATION
WITHIN EIGHTEEN MONTHS AFTER ENTERING A DIALYSIS TRAINING
PROGRAM MUST REPEAT AND SUCCESSFULLY COMPLETE THE
TRAINING PROGRAM, OR SUCCESSFULLY COMPLETE ANOTHER DIALYSIS
TRAINING PROGRAM APPROVED BY THE BOARD, AND PASS THE EXAMINATION
NOT LESS THAN SIX MONTHS AFTER ENTERING THE NEW OR REPEATed PROGRAM. A
person WHO DOES NOT PASS THE EXAMINATION WITHIN SIX MONTHS AFTER
ENTERING THE NEW OR REPEATed PROGRAM MUST WAIT at least ONE
YEAR BEFORE ENTERING OR REENTERING ANY DIALYSIS TRAINING PROGRAM
APPROVED BY THE BOARD, AFTER WHICH THE person MUST
SUCCESSFULLY COMPLETE A DIALYSIS TRAINING PROGRAM APPROVED BY
THE BOARD AND PASS THE EXAMINATION NOT LATER THAN SIX MONTHS
AFTER ENTERING THE PROGRAM. (2) The person meets both of the following requirements: (a) The person holds, on the effective date of
this section, a current, valid certificate from a qualifying testing
organization specified by the board under division
(B) of section 4723.751 of the Revised Code or
provides evidence satisfactory to the board
of having passed the examination of a qualifying testing organization not
longer than five
years
prior to the effective date of this section. (b) The dialysis provider who employs the person
provides the board with the information specified in rules adopted under
section 4723.79 of the Revised Code attesting to the
person's competence
to perform dialysis care. (3) The person submits evidence satisfactory to the
board that the person holds a current, valid license,
certificate, or other authorization to perform dialysis care issued
by another state that has standards for dialysis technicians
that the board considers substantially similar to those established under
sections 4723.71 to 4723.79 of the
Revised
Code. Sec. 4723.751. (A) The board of nursing shall either conduct
dialysis technician certification
examinations itself or, in accordance with rules adopted under
section 4723.79 of the Revised
Code, approve testing
organizations to conduct the examinations. If
it conducts the examinations, the board may use all or part
of a standard examination created by a testing organization
approved by the board. Regardless of who conducts it, the examination shall
cover all of the subjects
specified in rules adopted under section 4723.79 of the
Revised
Code. (B) The board shall specify the testing organizations that
qualify a person to demonstrate competence to practice as a dialysis
technician pursuant to division (B)(2) of section 4723.75 of the
Revised Code. Sec. 4723.76. (A) THE BOARD OF NURSING SHALL ISSUE A TEMPORARY
CERTIFICATE TO PRACTICE AS A DIALYSIS TECHNICIAN TO A PERSON WHO
MEETS ALL OF THE FOLLOWING REQUIREMENTS: (1) THE PERSON APPLIES TO THE BOARD IN ACCORDANCE WITH RULES
ADOPTED UNDER SECTION 4723.79 OF THE REVISED CODE
AND INCLUDES WITH THE APPLICATION THE FEE ESTABLISHED IN THOSE
RULES. (2) THE PERSON PROVIDES DOCUMENTATION FROM THE PERSON'S EMPLOYER
THAT DEMONSTRATES THAT THE PERSON IS COMPETENT TO PERFORM
DIALYSIS care. (3) ONE OF THE FOLLOWING APPLIES: (a) THE PERSON HAS SUCCESSFULLY COMPLETED A DIALYSIS
TRAINING PROGRAM APPROVED BY THE BOARD OF NURSING UNDER SECTION
4723.74 OF THE REVISED CODE. (b) THE PERSON IS, ON THE EFFECTIVE DATE OF THIS SECTION,
EMPLOYED AS A DIALYSIS TECHNICIAN but has been so employed for less than
twelve months. (c) The person has experience as a dialysis technician in a
jurisdiction that does not license or certify dialysis technicians and
has successfully completed a training program that is substantially similar to
a program approved by the board. (B) A TEMPORARY CERTIFICATE ISSUED TO A PERSON WHO MEETS
THE REQUIREMENT IN DIVISION (A)(3)(a) OF THIS
SECTION IS VALID FOR EIGHTEEN MONTHS FROM THE DATE ON WHICH THE
HOLDER ENTERED A DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD
UNDER SECTION 4723.74 OF THE REVISED CODE. A TEMPORARY CERTIFICATE
ISSUED TO A PERSON WHO MEETS THE REQUIREMENT IN DIVISION
(A)(3)(b) OF THIS SECTION
IS VALID FOR
THE NUMBER OF MONTHS EQUAL TO EIGHTEEN MONTHS MINUS THE NUMBER OF
MONTHS THE PERSON HAS BEEN EMPLOYED AS A DIALYSIS TECHNICIAN. A temporary
certificate issued to a person who meets the requirement in division
(A)(3)(c) of this section and has been working as a
dialysis technician for twelve months or longer is valid for six months. A
temporary certificate issued to a person who meets the requirement in division
(A)(3)(c) of this section and has been employed as a
dialysis technician for less than twelve months is valid for the number of
months equal to eighteen months minus the number of months the person has been
employed as a dialysis technician. (C) A TEMPORARY CERTIFICATE ISSUED UNDER THIS SECTION
MAY BE RENEWED ONCE IF THE HOLDER ENROLLS OR RE-ENROLLS IN A
DIALYSIS TRAINING PROGRAM APPROVED BY THE BOARD. A TEMPORARY
CERTIFICATE THAT HAS BEEN RENEWED IS NOT RENEWABLE. A PERSON
HOLDING A TEMPORARY CERTIFICATE SHALL PROVIDE A COPY OF THE
TEMPORARY CERTIFICATE TO THE DIALYSIS PROVIDER WHO EMPLOYS THE
PERSON. THE PERSON SHALL NOT ACT AS A TRAINER OR PRECEPTOR IN
any DIALYSIS TRAINING PROGRAM. Sec. 4723.77. A certificate issued under section 4723.75
of the Revised
Code expires biennially and
shall be renewed according to a schedule established by the
board of nursing in rules adopted under section 4723.79 of the
Revised
Code.
An application for renewal of a certificate
shall be accompanied
by the renewal fee established in rules adopted by the board
under section 4723.79 of the
Revised
Code.
A certificate may be renewed only if,
during the period for which the
certificate was issued, the certificate holder satisfied the continuing
education requirements
established by the board's rules. Sec. 4723.78. (A) The
board of nursing shall establish a dialysis registry that
contains the following information: (1) The names of, and other identifying information
specified in rules adopted under section 4723.79 of the
Revised
Code about, the
following: (a) Persons who have enrolled in a
dialysis training program approved by the board under section
4723.74 of the Revised
Code; (b) Persons who hold a current, valid
certificate issued under section 4723.75 of the
Revised
Code; (c) Persons who hold a current, valid temporary certificate
issued under section 4723.76 of
the Revised
Code. (2) The names and locations of the dialysis providers who
employ the dialysis technicians listed in divisions
(A)(1)(b)
and (c) of this section. (B) Persons shall
provide to the board information that is to be included in the
dialysis registry in accordance with rules adopted under section
4723.79 of the Revised
Code. Sec. 4723.79. The board of nursing shall adopt rules to
administer and enforce sections 4723.71 to 4723.79 of the
Revised
Code. The board shall adopt
the rules in accordance with
Chapter 119. of the
Revised
Code. The rules shall
establish or specify all of the following: (A) The application
process, fee, and requirements for approval, reapproval, and withdrawing the
approval of a
dialysis training
program under section 4723.74 of the
Revised
Code. The requirements shall
include standards that must be satisfied regarding curriculum,
length of training, and instructions in
patient care. (B) The application
process, fee, and requirements for issuance of a certificate
under section 4723.75 of the
Revised
Code, except that the amount of the fee shall be no greater than the
fee charged under division (A)(1) of section 4723.08 of the
Revised Code; (C) The application
process, fee, and requirements for issuance of a temporary certificate under
section 4723.76 of the Revised
Code; (D) The process for
approval of testing organizations under
section 4723.751 of
the Revised
Code; (E) Subjects to be
included in a certification examination provided for in division
(B)(1) of section 4723.75 of the
Revised
Code; (F) The schedule, fees,
and continuing education requirements for renewal of a certificate
under section 4723.77 of the
Revised Code, except that the fee for the renewal of a
certificate shall be no greater than the fee charged under division
(A)(8) of section 4723.08 of the Revised Code; (G) Standards and procedures for establishing and maintaining
the dialysis registry
required by section 4723.78 of the
Revised
Code, including standards and procedures that persons must follow in
providing the information to be included in the registry; (H) Standards for the
administration of medication by dialysis technicians under
section 4723.72 of the Revised
Code; (I) The information a dialysis provider is to provide to the
board when attesting to a person's competence to perform dialysis; (J) Standards and procedures for the supervision of dialysis
technicians who provide dialysis care in a patient's home, including monthly
home visits by a
registered nurse to monitor the quality of the dialysis care; (K) Any other procedures
or requirements necessary for the administration and enforcement
of sections 4723.71 to 4723.79 of the
Revised
Code. Sec. 4723.99. Whoever violates section 4723.03 or,
4723.44, or 4723.73 of the Revised
Code
shall be fined five hundred dollars or imprisoned not more than ninety days or
both. SECTION 2 . That existing sections 121.22, 4723.02, 4723.04, 4723.06, 4723.07,
4723.08, 4723.271, 4723.28, 4723.281, 4723.282, 4723.34, 4723.341, 4723.35,
4723.63, and 4723.99 of the Revised Code are hereby repealed.
SECTION 3 . Sections 1 and 2 of this act, except for sections
4723.72, 4723.73, 4723.79, and 4723.99 of the Revised Code, shall take
effect one hundred eighty days after the effective date of this
act. Sections 4723.72, 4723.73, and 4723.99 of the Revised Code, as
amended and enacted by this act, shall take effect one year after the
effective date of this act. Section 4723.79 of the Revised
Code, as enacted by this act, shall take effect at the earliest
time permitted by law.
SECTION 4 . The Board of Nursing shall adopt the rules provided
for in section 4723.79 of the Revised Code not later than one
hundred eighty days after the effective date of this section. In
adopting the rules, the Board shall consult with representatives
designated by the Ohio Renal Association, the Ohio Renal
Physicians Association, the National Association of Nephrology
Technologists, the American Nephrology Nurses Association, and the Ohio Nurses
Association.
SECTION 5 . Notwithstanding the provision of section 4723.02 of the Revised
Code that defines "dialysis technician" as an individual who holds a
certificate to practice as a dialysis technician, the individuals initially
appointed to the Advisory Group on Dialysis as dialysis technicians need not
be certificate holders, but must meet all the requirements for receipt of a
certificate.
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