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(128th General Assembly)
(Amended Substitute Senate Bill Number 89)
AN ACT
To amend sections 4723.01, 4723.06, 4723.48,
4723.482, and 4723.50; to amend, for the purpose
of adopting new section numbers as indicated in
parentheses, sections 4723.484 (4723.485) and
4723.485 (4723.486); and to enact new section
4723.484 and section 3333.29 of the Revised Code
regarding prescriptive authority of out-of-state
advanced practice nurses, cooperation among
hospitals and state institutions of higher
education with nursing education programs, and the
amount of the Drug Repository Program's handling
fee.
SECTION 1. That sections 4723.01, 4723.06, 4723.48, 4723.482,
and 4723.50 be amended; sections 4723.484 (4723.485), and 4723.485
(4723.486) be amended for the purpose of adopting new section
numbers as indicated in parentheses; and new section 4723.484 and
section 3333.29 of the Revised Code be enacted to read as follows:
Sec. 3333.29. (A) As used in this section, "state institution
of higher education" has the same meaning as in section 3345.011
of the Revised Code.
(B) The chancellor of the Ohio board of regents shall
establish, within the Ohio skills bank, a mechanism to facilitate
communication, cooperation, and partnerships among state
institutions of higher education with nursing education programs
and between state institutions of higher education and hospitals
in this state to meet regional and statewide nursing education
needs.
Sec. 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 or 4723.171
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 under section 4723.17 or 4723.171 of
the Revised Code to perform intravenous therapy and performs
intravenous therapy only in accordance with those sections;
(5) Delegation of nursing tasks as directed by a registered
nurse;
(6) Teaching nursing tasks to licensed practical nurses and
individuals to whom the licensed practical nurse is authorized to
delegate nursing tasks as directed by a registered nurse.
(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, except as used in divisions (C)
and (D) of section 4723.482 of the Revised Code.
(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 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" 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" means a certified registered
nurse anesthetist, clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner.
(P) "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.
(Q) "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.
(R) "Certified community health worker" means an individual
who holds a current, valid certificate as a community health
worker issued by the board of nursing under section 4723.85 of the
Revised Code.
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 adopted under this chapter;
(2) 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 nursing licenses, dialysis technician
certificates, and community health worker 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 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 an adjudication under Chapter 119. of the Revised Code
to consider the program. Based on results of the 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 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, under rules adopted under
section 4723.07 of the Revised Code, for nurses, for dialysis
technicians, and for certified community health workers;
(10) Establish 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 4723.485 4723.486 of the Revised Code;
(15) Grant approval to the planned classroom and clinical
study required by section 4723.483 4723.482 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;
(19) Maintain and have open for public inspection the
following records:
(a) A record of all its meetings and proceedings;
(b) A file of holders of nursing licenses, registrations, and
certificates granted under this chapter; dialysis technician
certificates granted under this chapter; and community health
worker 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,
dialysis technicians, and certified community health workers.
(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 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 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, and may be renewed
according to the schedule established in rules adopted under
section 4723.07 of the Revised Code.
In addition to approving continuing nursing education
programs under division (A)(8) of this section, the board may
sponsor continuing education activities that are directly related
to the statutes and rules pertaining to the practice of nursing in
this state.
Sec. 4723.48. (A) A clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner seeking authority
to prescribe drugs and therapeutic devices shall file with the
board of nursing a written application for a certificate to
prescribe. The board of nursing shall issue a certificate to
prescribe to each applicant who meets the requirements specified
in section 4723.482 or 4723.484 4723.485 of the Revised Code.
Except as provided in division (B) of this section, the
initial certificate to prescribe that the board issues to an
applicant shall be issued as an externship certificate. Under an
externship certificate, the nurse may obtain experience in
prescribing drugs and therapeutic devices by participating in an
externship that evaluates the nurse's competence, knowledge, and
skill in pharmacokinetic principles and their clinical application
to the specialty being practiced. During the externship, the
nurse may prescribe drugs and therapeutic devices only when one or
more physicians are providing supervision in accordance with rules
adopted under section 4723.50 of the Revised Code.
After completing the externship, the holder of an externship
certificate may apply for a new certificate to prescribe. On
receipt of the new certificate, the nurse may prescribe drugs and
therapeutic devices in collaboration with one or more physicians
or podiatrists.
(B) In the case of an applicant who on May 17, 2000, was
approved to prescribe drugs and therapeutic devices under section
4723.56 of the Revised Code, as that section existed on that date,
the initial certificate to prescribe that the board issues to the
applicant under this section shall not be an externship
certificate. The applicant shall be issued a certificate to
prescribe that permits the recipient to prescribe drugs and
therapeutic devices in collaboration with one or more physicians
or podiatrists.
In the case of an applicant who meets the requirements of
division (C) of section 4723.482 of the Revised Code, the initial
certificate to prescribe that the board issues to the applicant
under this section shall not be an externship certificate. The
applicant shall be issued a certificate to prescribe that permits
the recipient to prescribe drugs and therapeutic devices in
collaboration with one or more physicians or podiatrists.
Sec. 4723.482. (A) An Except as provided in divisions (C)
and (D) of this section, an applicant shall include with the
application submitted under section 4723.48 of the Revised Code
all of the following:
(1) Subject to section 4723.483 of the Revised Code, evidence
of holding a current, valid certificate of authority issued under
this chapter to practice as a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner;
(2) Except for a person who on May 17, 2000, was approved to
prescribe drugs and therapeutic devices under section 4723.56 of
the Revised Code, as that section existed on that date, evidence
of successfully completing the instruction in advanced
pharmacology and related topics specified in division (B) of this
section;
(3) The fee required by section 4723.08 of the Revised Code
for a certificate to prescribe;
(4) Any additional information the board of nursing requires
pursuant to rules adopted under section 4723.50 of the Revised
Code.
(B) All of the following apply to the instruction required
under division (A)(2) of this section:
(1) The instruction must be obtained not longer than three
years before the application for the certificate to prescribe is
filed.
(2) The instruction must be obtained through a course of
study consisting of planned classroom and clinical study that is
approved by the board of nursing in accordance with standards
established in rules adopted under section 4723.50 of the Revised
Code.
(3) The content of the instruction must be specific to the
applicant's nursing specialty and include all of the following:
(a) A minimum of thirty contact hours of training in advanced
pharmacology that includes pharmacokinetic principles and clinical
application and the use of drugs and therapeutic devices in the
prevention of illness and maintenance of health;
(b) Training in the fiscal and ethical implications of
prescribing drugs and therapeutic devices;
(c) Training in the state and federal laws that apply to the
authority to prescribe;
(d) Any additional training required pursuant to rules
adopted under section 4723.50 of the Revised Code.
(C) An applicant who practiced or is practicing as a clinical
nurse specialist, certified nurse-midwife, or certified nurse
practitioner in another jurisdiction or as an employee of the
United States government, and is not seeking authority to
prescribe drugs and therapeutic devices by meeting the
requirements of division (A) or (D) of this section, shall include
with the application submitted under section 4723.48 of the
Revised Code all of the following:
(1) Subject to section 4723.483 of the Revised Code, evidence
of holding a current, valid certificate of authority issued under
this chapter to practice as a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner;
(2) The fee required by section 4723.08 of the Revised Code
for a certificate to prescribe;
(3) Either of the following:
(a) Evidence of having held, for a continuous period of at
least one year during the three years immediately preceding the
date of application, valid authority issued by another
jurisdiction to prescribe therapeutic devices and drugs, including
at least some controlled substances;
(b) Evidence of having been employed by the United States
government and authorized, for a continuous period of at least one
year during the three years immediately preceding the date of
application, to prescribe therapeutic devices and drugs, including
at least some controlled substances, in conjunction with that
employment.
(4) If the applicant includes the evidence described in
division (C)(3)(a) of this section, documentation from a licensed
physician in a form acceptable to the board that the prescribing
component of the nurse's practice was overseen or supervised by a
licensed physician in the other jurisdiction;
(5) If the applicant includes the evidence described in
division (C)(3)(b) of this section, documentation from a licensed
physician employed by the United States government in a form
acceptable to the board that the prescribing component of the
nurse's practice was overseen or supervised by a licensed
physician employed by the United States government;
(6) Evidence of having completed a two-hour course of
instruction approved by the board in the laws of this state that
govern drugs and prescriptive authority;
(7) Any additional information the board requires pursuant to
rules adopted under section 4723.50 of the Revised Code.
(D) An applicant who practiced or is practicing as a clinical
nurse specialist, certified nurse-midwife, or certified nurse
practitioner in another jurisdiction or as an employee of the
United States government, and is not seeking authority to
prescribe drugs and therapeutic devices by meeting the
requirements of division (A) or (C) of this section, shall include
with the application submitted under section 4723.48 of the
Revised Code all of the following:
(1) Subject to section 4723.483 of the Revised Code, evidence
of holding a current, valid certificate of authority issued under
this chapter to practice as a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner;
(2) The fee required by section 4723.08 of the Revised Code
for a certificate to prescribe;
(3) Either of the following:
(a) Evidence of having held, for a continuous period of at
least one year during the three years immediately preceding the
date of application, valid authority issued by another
jurisdiction to prescribe therapeutic devices and drugs, excluding
controlled substances;
(b) Evidence of having been employed by the United States
government and authorized, for a continuous period of at least one
year during the three years immediately preceding the date of
application, to prescribe therapeutic devices and drugs, excluding
controlled substances, in conjunction with that employment.
(4) If the applicant includes the evidence described in
division (D)(3)(a) of this section, documentation from a licensed
physician in a form acceptable to the board that the prescribing
component of the nurse's practice was overseen or supervised by a
licensed physician in the other jurisdiction;
(5) If the applicant includes the evidence described in
division (D)(3)(b) of this section, documentation from a licensed
physician employed by the United States government in a form
acceptable to the board that the prescribing component of the
nurse's practice was overseen or supervised by a licensed
physician employed by the United States government;
(6) Any additional information the board requires pursuant to
rules adopted under section 4723.50 of the Revised Code.
Sec. 4723.484. (A) Except as provided in division (B) of this
section, to successfully complete an externship as required under
section 4723.485 of the Revised Code, the holder of an externship
certificate must complete at least one thousand five hundred hours
during which the certificate holder's prescribing practices are
supervised in accordance with division (A) of section 4723.48 of
the Revised Code.
(B) A holder of an externship certificate who obtained the
certificate by meeting the requirements of division (D) of section
4723.482 of the Revised Code, to successfully complete an
externship as required under section 4723.485 of the Revised Code,
must do both of the following:
(1) Complete at least five hundred hours during which the
certificate holder's prescribing practices are supervised in
accordance with division (A) of section 4723.48 of the Revised
Code;
(2) Complete a two-hour course of instruction approved by the
board of nursing in the laws of this state that govern drugs and
prescriptive authority.
Sec. 4723.484 4723.485. (A) A certificate to prescribe
issued under section 4723.48 of the Revised Code as an externship
certificate is valid for not more than one year, unless earlier
suspended or revoked by the board of nursing. The certificate may
be extended for an additional year if the holder submits to the
board evidence of continued participation in an externship. If an
externship is terminated for any reason, the nurse shall notify
the board.
(B) To be eligible for a certificate to prescribe after
receiving an externship certificate, an applicant shall include
with the application submitted under section 4723.48 of the
Revised Code all of the following:
(1) A statement from a supervising physician attesting to the
applicant's successful completion of the externship;
(2) The fee required by section 4723.08 of the Revised Code
for a certificate to prescribe;
(3) Any additional information the board requires pursuant to
rules adopted under section 4723.50 of the Revised Code.
Sec. 4723.485 4723.486. (A) A certificate to prescribe
issued under
section 4723.48 of the Revised Code that is not
issued as an externship certificate is valid for two years, unless
otherwise provided in rules adopted under section 4723.50 of the
Revised Code or earlier suspended or revoked by the board. The
board of nursing shall renew certificates to prescribe according
to procedures and a renewal schedule established in rules adopted
under section 4723.50 of the Revised Code.
(B) The board may renew a certificate to prescribe if the
holder submits to the board all of the following:
(1) Evidence of having completed during the previous two
years at least twelve hours of continuing education in advanced
pharmacology, or, if the certificate has been held for less than a
full renewal period, the number of hours required by the board in
rules adopted under section 4723.50 of the Revised Code;
(2) The fee required under section 4723.08 of the Revised
Code for renewal of a certificate to prescribe;
(3) Any additional information the board requires pursuant to
rules adopted under section 4723.50 of the Revised Code.
(C) The continuing education in pharmacology required under
division (B)(1) of this section must be received from an
accredited institution recognized by the board. The hours of
continuing education required are in addition to any other
continuing education requirement that must be completed pursuant
to this chapter.
Sec. 4723.50. (A) In accordance with Chapter 119. of the
Revised Code, the board of nursing shall adopt rules as necessary
to implement the provisions of this chapter pertaining to the
authority of clinical nurse specialists, certified nurse-midwives,
and certified nurse practitioners to prescribe drugs and
therapeutic devices and the issuance and renewal of certificates
to prescribe. Initial rules shall be adopted not later than twenty
months after the effective date of this section May 17, 2000.
The board shall adopt rules that are consistent with the
recommendations the board receives from the committee on
prescriptive governance pursuant to section 4723.492 of the
Revised Code. After reviewing a recommendation submitted by the
committee, the board may either adopt the recommendation as a rule
or ask the committee to reconsider and resubmit the
recommendation. The board shall not adopt any rule that does not
conform to a recommendation made by the committee.
(B) The board shall adopt rules under this section that do
all of the following:
(1) Establish a formulary listing the types of drugs and
therapeutic devices that may be prescribed by a clinical nurse
specialist, certified nurse-midwife, or certified nurse
practitioner. The formulary may include controlled substances, as
defined in section 3719.01 of the Revised Code. The formulary
shall not permit the prescribing of any drug or device to perform
or induce an abortion.
(2) Establish safety standards to be followed by a nurse when
personally furnishing to patients complete or partial supplies of
antibiotics, antifungals, scabicides, contraceptives, prenatal
vitamins, antihypertensives, drugs and devices used in the
treatment of diabetes, drugs and devices used in the treatment of
asthma, and drugs used in the treatment of dyslipidemia.
(3) Establish criteria for the components of the standard
care arrangements described in section 4723.431 of the Revised
Code that apply to a nurse's authority to prescribe. The rules
shall be consistent with that section and include all of the
following:
(a) Quality assurance standards;
(b) Standards for periodic review by a collaborating
physician or podiatrist of the records of patients treated by the
nurse;
(c) Acceptable travel time between the location at which the
nurse is engaging in the prescribing components of the nurse's
practice and the location of the nurse's collaborating physician
or podiatrist;
(d) Any other criteria recommended by the committee on
prescriptive governance.
(4) Establish standards and procedures for issuance and
renewal of a certificate to prescribe, including specification of
any additional information the board may require under division
(A)(4), (C)(7), or (D)(6) of section 4723.482 or division (B)(3)
of section
4723.484 4723.485 of the Revised Code;
(5) Establish requirements for board approval of the
instruction in advanced pharmacology and related topics required
by section 4723.482 of the Revised Code;
(6) Establish requirements for board approval of the two-hour
course of instruction in the laws of this state as required under
division (C)(6) of section 4723.482 of the Revised Code and
division (B)(2) of section 4723.484 of the Revised Code;
(7) Establish standards and procedures for the appropriate
conduct of an externship required by division (B)(1) of
as
described in section 4723.484 of the Revised Code, including the
following:
(a) Standards and procedures to be used in evaluating a
nurse's participation in an externship. Regardless of the method
of evaluation used, a nurse shall not be required to participate
in an externship longer than one thousand eight hundred hours.;
(b) Standards and procedures for the supervision that a
physician must provide during an externship, including supervision
provided by working with the nurse and supervision provided by
making timely reviews of the records of patients treated by the
nurse. The manner in which supervision must be provided may vary
according to the location where the nurse is practicing and with
the nurse's level of experience.
SECTION 2. That existing sections 4723.01, 4723.06, 4723.48,
4723.482, 4723.484, 4723.485, and 4723.50 of the Revised Code are
hereby repealed.
SECTION 3. Notwithstanding the requirement of division (A) of
section 4723.50 of the Revised Code that the Board of Nursing
adopt rules consistent with the recommendations the Board receives
from the Committee on Prescriptive Governance, the Board shall
amend the rules that were adopted under section 4723.50 of the
Revised Code to reflect the amendment by this act of sections
4723.48 and 4723.482 and the enactment by this act of new section
4723.484 of the Revised Code. Until the rules have been amended
accordingly, the Board shall not enforce any rule that is
inconsistent with sections 4723.48 and 4723.482 of the Revised
Code as amended by this act and new section 4723.484 as enacted by
this act.
SECTION 4. (A) As used in this section, "Drug Repository
Program" means the program established by the State Board of
Pharmacy under sections 3715.87 to 3715.873 of the Revised Code.
(B) The Drug Repository Program's handling fee is $7.40
during the period beginning on the effective date of this section
and ending on the later of December 31, 2010, or the date that the
State Board of Pharmacy completes action with regard to the fee
under division (C) of this section.
(C) On or after January 1, 2011, the Board may do either of
the following:
(1) Set the Program's handling fee in accordance with the
formula established in rule 4729-35-09 of the Administrative Code
as that rule exists on the effective date of this section;
(2) In consultation with the Director of Health, revise the
formula used in determining the amount of the Program's handling
fee by amending rule 4729-35-09 of the Administrative Code
accordingly.
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