The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. H. B. No. 301 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
130th General Assembly | Regular Session | 2013-2014 |
| |
Representatives Pelanda, Bishoff
Cosponsors:
Representatives Hood, Blessing, Brenner, Antonio, Reece, Fedor, Schuring
A BILL
To amend sections 4723.07 and 4723.48 and to enact
section 4723.488 of the Revised Code to authorize
a person not otherwise authorized to do so to
administer certain drugs pursuant to delegation by
an advanced practice registered nurse who holds a
certificate to prescribe.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4723.07 and 4723.48 be amended and
section 4723.488 of the Revised Code be enacted to read as
follows:
Sec. 4723.07. In accordance with Chapter 119. of the Revised
Code, the board of nursing shall adopt and may amend and rescind
rules that establish all of the following:
(A) Provisions for the board's government and control of its
actions and business affairs;
(B) Minimum standards for nursing education programs that
prepare graduates to be licensed under this chapter and procedures
for granting, renewing, and withdrawing approval of those
programs;
(C) Criteria that applicants for licensure must meet to be
eligible to take examinations for licensure;
(D) Standards and procedures for renewal of the licenses and
certificates issued by the board;
(E) 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) Standards that persons must meet to be authorized by the
board to approve continuing education programs and courses and a
schedule by which that authorization expires and may be renewed;
(G) Requirements, including continuing education
requirements, for reactivating inactive licenses or certificates,
and for reinstating licenses or certificates that have lapsed;
(H) Conditions that may be imposed for reinstatement of a
license or certificate following action taken under section
3123.47, 4723.28, 4723.281, 4723.652, or 4723.86 of the Revised
Code resulting in a license or certificate suspension;
(I) Requirements for board approval of courses in medication
administration by licensed practical nurses;
(J) Criteria for evaluating the qualifications of an
applicant for a license to practice nursing as a registered nurse,
a license to practice nursing as a licensed practical nurse, or a
certificate of authority issued under division (B) of section
4723.41 of the Revised Code for the purpose of issuing the license
or certificate by the board's endorsement of the applicant's
authority to practice issued by the licensing agency of another
state;
(K) Universal and standard precautions that shall be used by
each licensee or certificate holder. The rules shall define and
establish requirements for universal and standard 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.
(L) 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;
(M) Quality assurance standards for certified registered
nurse anesthetists, clinical nurse specialists, certified
nurse-midwives, or certified nurse practitioners;
(N) 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;
(O) Continuing education standards for clinical nurse
specialists who were issued a certificate of authority to practice
as a clinical nurse specialist under division (C) of section
4723.41 of the Revised Code as that division existed at any time
before the effective date of this amendment March 20, 2013;
(P) For purposes of division (B)(31) of section 4723.28 of
the Revised Code, the actions, omissions, or other circumstances
that constitute failure to establish and maintain professional
boundaries with a patient;
(Q) Standards and procedures for delegation under division
(C) of section 4723.48 of the Revised Code of the authority to
administer drugs.
The board may adopt other rules necessary to carry out the
provisions of this chapter. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 4723.48. (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 4723.485 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 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.
(C)(1) The holder of a certificate issued under this section
may delegate to a person not otherwise authorized to administer
drugs the authority to administer a drug, other than a controlled
substance, listed in the formulary established under division
(B)(1) of section 4723.50 of the Revised Code to a specified
patient. The delegation shall be in accordance with division
(C)(2) of this section and standards and procedures established in
rules adopted under division (O) of section 4723.07 of the Revised
Code.
(2) Prior to delegating authority, the certificate holder
shall do both of the following:
(a) Assess the patient and determine that the drug is
appropriate for the patient;
(b) Determine that the person to whom the authority will be
delegated has met the conditions specified in division (D) of
section 4723.488 of the Revised Code.
Sec. 4723.488. A person not otherwise authorized to
administer drugs may administer a drug to a specified patient if
all of the following conditions are met:
(A) The authority to administer the drug is delegated to the
person by an advanced practice registered nurse who is a clinical
nurse specialist, certified nurse-midwife, or certified nurse
practitioner and holds a certificate to prescribe issued under
section 4723.48 of the Revised Code.
(B) The drug is listed in the formulary established under
division (B) of section 4723.50 of the Revised Code but is not a
controlled substance and is not to be administered intravenously.
(C) The drug is to be administered at a location other than a
hospital inpatient care unit, as defined in section 3727.50 of the
Revised Code; a hospital emergency department or a freestanding
emergency department; or an ambulatory surgical facility, as
defined in section 3702.30 of the Revised Code.
(D) The person has successfully completed education based on
a recognized body of knowledge concerning drug administration and
demonstrates to the person's employer the knowledge, skills, and
ability to administer the drug safely.
(E) The person's employer has given the advanced practice
registered nurse access to documentation, in written or electronic
form, showing that the person has met the conditions specified in
division (D) of this section.
(F) The advanced practice registered nurse is physically
present at the location where the drug is administered.
Section 2. That existing sections 4723.07 and 4723.48 of the
Revised Code are hereby repealed.
|