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Am. H. B. No. 139 As Reported by the Senate Medicaid, Health and Human Services CommitteeAs Reported by the Senate Medicaid, Health and Human Services Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Hackett, Letson, Antonio, Wachtmann, Bishoff, Brown, Hill, Lynch, Ramos, Sears, Smith, Anielski, Barborak, Barnes, Beck, Blessing, Boose, Boyd, Brenner, Celebrezze, Curtin, Damschroder, DeVitis, Driehaus, Fedor, Green, Hagan, C., Hall, Hayes, Hood, Milkovich, O'Brien, Patmon, Patterson, Pelanda, Reece, Retherford, Roegner, Rogers, Rosenberger, Scherer, Sheehy, Stinziano, Strahorn, Winburn Speaker Batchelder
Senator Tavares
A BILL
To amend sections 3727.06, 4723.431, and 4730.09 of
the Revised Code to permit certain advanced
practice registered nurses and physician
assistants to admit patients to hospitals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3727.06, 4723.431, and 4730.09 of
the Revised Code be amended to read as follows:
Sec. 3727.06. (A) As used in this section:
(1) "Doctor" means an individual authorized to practice
medicine and surgery or osteopathic medicine and surgery.
(2) "Podiatrist" means an individual authorized to practice
podiatric medicine and surgery.
(B)(1) Only a the following may admit a patient to a
hospital:
(a) A doctor who is a member of the hospital's medical
staff,;
(b) A dentist who is a member of the hospital's medical
staff, or;
(c) A podiatrist who is a member of the hospital's medical
staff may admit a patient to a hospital;
(d) A clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner if all of the following conditions
are met:
(i) The clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner has a standard care arrangement
entered into pursuant to section 4723.431 of the Revised Code with
a collaborating doctor or podiatrist who is a member of the
medical staff;
(ii) The patient will be under the medical supervision of the
collaborating doctor or podiatrist;
(iii) The hospital has granted the clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner admitting
privileges and appropriate credentials.
(e) A physician assistant if all of the following conditions
are met:
(i) The physician assistant is listed on a supervision
agreement approved under section 4730.19 of the Revised Code for a
doctor or podiatrist who is a member of the hospital's medical
staff.
(ii) The patient will be under the medical supervision of the
supervising doctor or podiatrist.
(iii) The hospital has granted the physician assistant
admitting privileges and appropriate credentials.
(2) Prior to admitting a patient, a clinical nurse
specialist, certified nurse-midwife, certified nurse practitioner,
or physician assistant shall notify the collaborating or
supervising doctor or podiatrist of the planned admission.
(C) All hospital patients shall be under the medical
supervision of a doctor, except that services that may be rendered
by a licensed dentist pursuant to Chapter 4715. of the Revised
Code provided to patients admitted solely for the purpose of
receiving such services shall be under the supervision of the
admitting dentist and that services that may be rendered by a
podiatrist pursuant to section 4731.51 of the Revised Code
provided to patients admitted solely for the purpose of receiving
such services shall be under the supervision of the admitting
podiatrist. If treatment not within the scope of Chapter 4715. or
section 4731.51 of the Revised Code is required at the time of
admission by a dentist or podiatrist, or becomes necessary during
the course of hospital treatment by a dentist or podiatrist, such
treatment shall be under the supervision of a doctor who is a
member of the medical staff. It shall be the responsibility of the
admitting dentist or podiatrist to make arrangements with a doctor
who is a member of the medical staff to be responsible for the
patient's treatment outside the scope of Chapter 4715. or section
4731.51 of the Revised Code when necessary during the patient's
stay in the hospital.
Sec. 4723.431. (A) Except as provided in division (D)(1) of
this section, a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner may practice only
in accordance with a standard care arrangement entered into with
each physician or podiatrist with whom the nurse collaborates. A
copy of the standard care arrangement shall be retained on file at
each site where the nurse practices. Prior approval of the
standard care arrangement by the board of nursing is not required,
but the board may periodically review it for compliance with this
section.
A clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner may enter into a standard care
arrangement with one or more collaborating physicians or
podiatrists. Not later than thirty days after first engaging in
the practice of nursing as a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner, the nurse shall
submit to the board the name and business address of each
collaborating physician or podiatrist. Thereafter, the nurse shall
give to the board written notice of any additions or deletions to
the nurse's collaborating physicians or podiatrists not later than
thirty days after the change takes effect.
Each collaborating physician or podiatrist must be actively
engaged in direct clinical practice in this state and practicing
in a specialty that is the same as or similar to the nurse's
nursing specialty. If a collaborating physician or podiatrist
enters into standard care arrangements with more than three nurses
who hold certificates to prescribe issued under section 4723.48 of
the Revised Code, the physician or podiatrist shall not
collaborate at the same time with more than three of the nurses in
the prescribing component of their practices.
(B) A standard care arrangement shall be in writing and,
except as provided in division (D)(2) of this section, shall
contain all of the following:
(1) Criteria for referral of a patient by the clinical nurse
specialist, certified nurse-midwife, or certified nurse
practitioner to a collaborating physician or podiatrist;
(2) A process for the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner to obtain a
consultation with a collaborating physician or podiatrist;
(3) A plan for coverage in instances of emergency or planned
absences of either the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner or a collaborating
physician or podiatrist that provides the means whereby a
physician or podiatrist is available for emergency care;
(4) The process for resolution of disagreements regarding
matters of patient management between the clinical nurse
specialist, certified nurse-midwife, or certified nurse
practitioner and a collaborating physician or podiatrist;
(5) A procedure for a regular review of the referrals by the
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner to other health care professionals and the care
outcomes for a random sample of all patients seen by the nurse;
(6) If the clinical nurse specialist or certified nurse
practitioner regularly provides services to infants, a policy for
care of infants up to age one and recommendations for
collaborating physician visits for children from birth to age
three;
(7) Any other criteria required by rule of the board adopted
pursuant to section 4723.07 or 4723.50 of the Revised Code.
(C)(1) A standard care arrangement entered into pursuant to
this section may permit a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner to supervise
services provided by a home health agency as defined in section
3701.881 of the Revised Code.
(2) A standard care arrangement entered into pursuant to this
section may permit a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner to admit a patient
to a hospital in accordance with section 3727.06 of the Revised
Code.
(D)(1) A clinical nurse specialist who does not hold a
certificate to prescribe and whose nursing specialty is mental
health or psychiatric mental health, as determined by the board,
is not required to enter into a standard care arrangement, but
shall practice in collaboration with one or more physicians.
(2) If a clinical nurse specialist practicing in either of
the specialties specified in division (D)(1) of this section holds
a certificate to prescribe, the nurse shall enter into a standard
care arrangement with one or more physicians. The standard care
arrangement must meet the requirements of division (B) of this
section, but only to the extent necessary to address the
prescribing component of the nurse's practice.
(E) Nothing in this section prohibits a hospital from hiring
a clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner as an employee and negotiating standard care
arrangements on behalf of the employee as necessary to meet the
requirements of this section. A standard care arrangement between
the hospital's employee and the employee's collaborating physician
is subject to approval by the medical staff and governing body of
the hospital prior to implementation of the arrangement at the
hospital.
Sec. 4730.09. (A) Under a physician supervisory plan approved
under section 4730.17 of the Revised Code, a physician assistant
may provide any or all of the following services without approval
by the state medical board as special services:
(1) Obtaining comprehensive patient histories;
(2) Performing physical examinations, including audiometry
screening, routine visual screening, and pelvic, rectal, and
genital-urinary examinations, when indicated;
(3) Ordering, performing, or ordering and performing routine
diagnostic procedures, as indicated;
(4) Identifying normal and abnormal findings on histories,
physical examinations, and commonly performed diagnostic studies;
(5) Assessing patients and developing and implementing
treatment plans for patients;
(6) Monitoring the effectiveness of therapeutic
interventions;
(7) Exercising physician-delegated prescriptive authority
pursuant to a certificate to prescribe issued under this chapter;
(8) Carrying out or relaying the supervising physician's
orders for the administration of medication, to the extent
permitted by law;
(9) Providing patient education;
(10) Instituting and changing orders on patient charts;
(11) Performing developmental screening examinations on
children with regard to neurological, motor, and mental functions;
(12) Performing wound care management, suturing minor
lacerations and removing the sutures, and incision and drainage of
uncomplicated superficial abscesses;
(13) Removing superficial foreign bodies;
(14) Administering intravenous fluids;
(15) Inserting a foley or cudae catheter into the urinary
bladder and removing the catheter;
(16) Performing biopsies of superficial lesions;
(17) Making appropriate referrals as directed by the
supervising physician;
(18) Performing penile duplex ultrasound;
(19) Changing of a tracheostomy;
(20) Performing bone marrow aspirations from the posterior
iliac crest;
(21) Performing bone marrow biopsies from the posterior iliac
crest;
(22) Performing cystograms;
(23) Performing nephrostograms after physician placement of
nephrostomy tubes;
(24) Fitting, inserting, or removing birth control devices;
(25) Removing cervical polyps;
(26) Performing nerve conduction testing;
(27) Performing endometrial biopsies;
(28) Inserting filiform and follower catheters;
(29) Performing arthrocentesis of the knee;
(30) Performing knee joint injections;
(31) Performing endotracheal intubation with successful
completion of an advanced cardiac life support course;
(32) Performing lumbar punctures;
(33) In accordance with rules adopted by the board, using
light-based medical devices for the purpose of hair removal;
(34) Administering, monitoring, or maintaining local
anesthesia, as defined in section 4730.091 of the Revised Code;
(35) Applying or removing a cast or splint;
(36) Inserting or removing chest tubes;
(37) Prescribing physical therapy or referring a patient to a
physical therapist for the purpose of receiving physical therapy;
(38) Ordering occupational therapy or referring a patient to
an occupational therapist for the purpose of receiving
occupational therapy;
(39) Taking any action that may be taken by an attending
physician under sections 2133.21 to 2133.26 of the Revised Code,
as specified in section 2133.211 of the Revised Code;
(40) Determining and pronouncing death in accordance with
section 4730.092 of the Revised Code;
(41) Admitting patients to hospitals in accordance with
section 3727.06 of the Revised Code;
(42) Performing other services that are within the
supervising physician's normal course of practice and expertise,
if the services are included in any model physician supervisory
plan approved under section 4730.06 of the Revised Code or the
services are designated by the board by rule or other means as
services that are not subject to approval as special services.
(B) Under the policies of a health care facility, the
services a physician assistant may provide are limited to the
services the facility has authorized the physician assistant to
provide for the facility. The services a health care facility may
authorize a physician assistant to provide for the facility
include the following:
(1) Any or all of the services specified in division (A) of
this section;
(2) Assisting in surgery in the health care facility;
(3) Any other services permitted by the policies of the
health care facility, except that the facility may not authorize a
physician assistant to perform a service that is prohibited by
this chapter.
Section 2. That existing sections 3727.06, 4723.431, and
4730.09 of the Revised Code are hereby repealed.
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