130th Ohio General Assembly
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H. B. No. 399  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 399


Representative Butler 

Cosponsors: Representatives Huffman, Wachtmann, Stinziano, Okey, Johnson 



A BILL
To enact section 3727.15 of the Revised Code to require each hospital to establish a policy governing authentication of verbal medical orders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3727.15 of the Revised Code be enacted to read as follows:
Sec. 3727.15. (A) As used in this section:
(1) "Health care professional" means an individual authorized to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, or any other individual who has authority to give an order regarding the provision of medical services to a hospital patient.
(2) "Verbal medical order" means a verbal order given by a health care professional regarding the provision of medical services to a patient who is receiving services through a hospital, regardless of whether the services are received on an in-patient or out-patient basis. "Verbal medical order" does not include an order given directly to a patient.
(B) On receipt of a verbal medical order, an individual who is employed by or provides medical services in a hospital shall record the date and time the order was received and sign the record in accordance with the policy adopted by the hospital under division (C) of this section. If the order was repeated to the health care professional by the individual who received it and verified or corrected by the health care professional in accordance with the hospital's policy, this shall also be noted in the record.
(C) Not later than one hundred eighty days after the effective date of this section, the governing body or chief administrator of each hospital shall adopt a policy on verbal medical orders. The policy shall apply to all verbal medical orders given on or after the date of its adoption. The policy shall specify all of the following:
(1) The procedure for recording an order as required by division (B) of this section;
(2) The means to be used to authenticate an order, which may include written or electronic initials or signatures or any other means the governing body or administrator considers appropriate;
(3) Any other procedures or requirements the governing board or administrator considers appropriate.
(D) Regarding authentication of verbal medical orders, the policy shall provide one or the other of the following:
(1) That an order must be authenticated in accordance with the hospital's policy not later than forty-eight hours after it is given;
(2) That an order must be immediately repeated by the individual who receives it to the health care professional who made it and immediately verified or corrected by the health care professional and must be authenticated in accordance with the hospital's policy not later than thirty days after the date of the patient's discharge.
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