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H. B. No. 667 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 4730.09, 4761.01, 4761.03, 4761.04,
4761.05, 4761.06, 4761.07, 4761.09, and 4761.17 of
the Revised Code to make changes to the law
governing respiratory care professionals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4730.09, 4761.01, 4761.03, 4761.04,
4761.05, 4761.06, 4761.07, 4761.09, and 4761.17 of the Revised
Code be amended to read as follows:
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) Prescribing or ordering respiratory care or referring a
patient to a respiratory care professional for the purpose of
receiving respiratory care;
(40) 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)(41) Determining and pronouncing death in accordance with
section 4730.092 of the Revised Code;
(41)(42) Admitting patients to hospitals in accordance with
section 3727.06 of the Revised Code;
(42)(43) 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.
Sec. 4761.01. As used in this chapter:
(A) "Respiratory care" means rendering or offering to render
to individuals, groups, organizations, or the public any service
involving the evaluation of cardiopulmonary function, the
treatment of cardiopulmonary impairment, the assessment of
treatment effectiveness, and the care of patients with
deficiencies and abnormalities associated with the cardiopulmonary
system. The practice of respiratory care includes:
(1) Obtaining, analyzing, testing, measuring, and monitoring
blood and gas samples in the determination of cardiopulmonary
parameters and related physiologic data, including flows,
pressures, and volumes, and the use of equipment employed for this
purpose;
(2) Administering, monitoring, recording the results of, and
instructing in the use of medical gases, aerosols, and
bronchopulmonary hygiene techniques, including drainage,
aspiration, and sampling, and applying, maintaining, and
instructing in the use of artificial airways, ventilators, and
other life support equipment employed in the treatment of
cardiopulmonary impairment and provided in collaboration with
other licensed health care professionals responsible for providing
care;
(3) Performing cardiopulmonary resuscitation and respiratory
rehabilitation techniques;
(4) Administering medications for the testing or treatment of
cardiopulmonary impairment.
(B) "Respiratory care professional" means a person who is
licensed under this chapter to practice the full range of
respiratory care services as defined in division (A) of this
section.
(C) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(D) "Registered nurse" means an individual licensed under
Chapter 4723. of the Revised Code to engage in the practice of
nursing as a registered nurse.
(E) "Hospital" means a facility that meets the operating
standards of section 3727.02 of the Revised Code.
(F) "Nursing facility" has the same meaning as in section
5165.01 of the Revised Code.
(G) "Nursing home" has the same meaning as in section 3721.01
of the Revised Code.
(H) "Dangerous drug" has the same meaning as in section
4729.01 of the Revised Code.
(I) "Certified hyperbaric technologist" means a person who
administers hyperbaric oxygen therapy and is certified as a
hyperbaric technologist by the national board of diving and
hyperbaric medical technology or its successor organization.
(H)(J) "Hyperbaric oxygen therapy" means the administration
of pure oxygen in a pressurized room or chamber, except that it
does not include ventilator management.
(I)(K) "Advanced practice registered nurse" has the same
meaning as in section 4723.01 of the Revised Code.
(J)(L) "Physician assistant" means an individual who holds a
valid certificate to practice issued under Chapter 4730. of the
Revised Code authorizing the individual to provide services as a
physician assistant to patients under the supervision, control,
and direction of one or more physicians.
Sec. 4761.03. The Ohio respiratory care board shall regulate
the practice of respiratory care in this state and the persons to
whom the board issues licenses and limited permits under this
chapter and shall license and register home medical equipment
services providers under Chapter 4752. of the Revised Code. Rules
adopted under this chapter that deal with the provision of
respiratory care in a hospital, other than rules regulating the
issuance of licenses or limited permits, shall be consistent with
the conditions for participation under medicare, Title XVIII of
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395,
as amended, and with the respiratory care accreditation standards
of the joint commission on accreditation of healthcare
organizations or the American osteopathic association.
(A) Adopt adopt, and may rescind or amend, rules in
accordance with Chapter 119. of the Revised Code to carry out the
purposes of this chapter, including rules prescribing:
(1) The form and manner for filing applications for licensure
and renewal, limited permits, and limited permit extensions under
sections 4761.05 and 4761.06 of the Revised Code;
(2) The form, scoring, and scheduling of examinations and
reexaminations administered by the board for licensure and,
license renewal, and license reinstatement or standards for the
board's recognition of examinations administered by state or
national organizations;
(3) Standards for the approval of educational programs
required to qualify for licensure and continuing education
programs required for license renewal;
(4) Continuing education courses and the number of hour
requirements necessary for license renewal, in accordance with
section 4761.06 of the Revised Code;
(5) Procedures for the issuance and renewal of licenses and
limited permits, including the duties that may be fulfilled by the
board's executive director and other board employees;
(6) Procedures for the denial, suspension, permanent
revocation, refusal to renew, and reinstatement of licenses and
limited permits, the conduct of hearings, and the imposition of
fines for engaging in conduct that is grounds for such action and
hearings under section 4761.09 of the Revised Code;
(7) Standards of ethical conduct for the practice of
respiratory care;
(8) Conditions under which the license renewal fee and
continuing education requirements may be waived at the request of
a licensee who is not in active practice;
(9) The respiratory care tasks that may be performed by an
individual practicing as a polysomnographic technologist pursuant
to division (B)(3) of section 4761.10 of the Revised Code;
(10) Procedures for registering out-of-state respiratory care
providers authorized to practice in this state under division
(A)(4) of section 4761.11 of the Revised Code;
(11) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code;
(12) Procedures for accepting and storing copies of
hyperbaric technologist certifications filed with the board
pursuant to division (A)(11) of section 4761.11 of the Revised
Code;
(13) Standards to be followed by a hospital or nursing home
in developing a protocol for purposes of section 4761.17 of the
Revised Code;
(14) Conditions that must be met to be considered in good
standing in a board-approved respiratory care educational program.
(B) Determine The board shall determine the sufficiency of an
applicant's qualifications for admission to the licensing
examination or a reexamination, and for the issuance or renewal of
a license or limited permit;.
(C) Determine The board shall determine the respiratory care
educational programs that are acceptable for fulfilling the
requirements of division (A) of section 4761.04 of the Revised
Code;.
(D) Schedule The board shall schedule, administer, and score
the licensing examination or any reexamination for license renewal
or reinstatement or, for use as the licensing examination or any
reexamination for license renewal or reinstatement, recognize one
or more examinations that meet the standards prescribed by the
board in rules adopted under this section and are administered by
state or national organizations. The If the board shall administer
administers the licensing examinations examination, it shall be
administered at least twice a year and the board shall notify
applicants of the time and place of the examinations.
(E) Investigate The board shall investigate complaints
concerning alleged violations of section 4761.10 of the Revised
Code or grounds for the suspension, permanent revocation, or
refusal to issue licenses or limited permits under section 3123.47
or 4761.09 of the Revised Code. The board shall employ
investigators who shall, under the direction of the executive
director of the board, investigate complaints and make inspections
and other inquiries as, in the judgment of the board, are
appropriate to enforce sections 3123.41 to 3123.50, 4761.09, and
4761.10 of the Revised Code. Pursuant to an investigation and
inspection, the investigators may review and audit records during
normal business hours at the place of business of a licensee or
person who is the subject of a complaint filed with the board or
at any place where the records are kept.
Except when required by court order, the board and its
employees shall not disclose confidential information obtained
during an investigation or identifying information about any
person who files a complaint with the board.
The board may hear testimony in matters relating to the
duties imposed upon it and issue subpoenas pursuant to an
investigation. The president and secretary of the board may
administer oaths.
(F) Conduct The board shall conduct hearings, keep records of
its proceedings, and do other things as are necessary and proper
to carry out and enforce the provisions of this chapter;.
(G) Maintain The board shall maintain, publish, and make
available upon request, for a fee not to exceed the actual cost of
printing and mailing:
(1) The requirements for the issuance of licenses and limited
permits under this chapter and rules adopted by the board;
(2) A current register of every person licensed to practice
respiratory care in this state, to include the addresses of the
person's last known place of business and residence, the effective
date and identification number of the license, the name and
location of the institution that granted the person's degree or
certificate of completion of respiratory care educational
requirements, and the date the degree or certificate was issued;
(3) A list of the names and locations of the institutions
that each year granted degrees or certificates of completion in
respiratory care;
(4) After the administration of each examination, a list of
persons who passed the examination.
(H) Submit The board shall submit to the governor and to the
general assembly each year a report of all of its official actions
during the preceding year, together with any findings and
recommendations with regard to the improvement of the profession
of respiratory care;.
(I) Administer The board shall administer and enforce Chapter
4752. of the Revised Code.
Sec. 4761.04. (A) Except as provided in division (B) of this
section, no person is eligible for licensure as a respiratory care
professional unless the person has shown, to the satisfaction of
the Ohio respiratory care board, all of the following:
(1) That the person is of good moral character;
(2) That the person has successfully completed the
requirements of an educational program approved by the board that
includes instruction in the biological and physical sciences,
pharmacology, respiratory care theory, procedures, and clinical
practice, and cardiopulmonary rehabilitation techniques;
(3) That the person has passed an examination administered by
the board that tests the applicant's knowledge of the basic and
clinical sciences relating to respiratory care theory and
practice, professional skills and judgment in the utilization of
respiratory care techniques, and such other subjects as the board
considers useful in determining fitness to practice.
(B) The board may waive the requirements of division (A) of
this section with respect to any applicant who presents proof of
current licensure in another state whose standards for licensure
are at least equal to those in effect in this state on the date of
application. The board may waive the requirements of divisions
(A)(2) and (3) of this section with respect to any applicant who
presents proof of having successfully completed any a licensing
examination administered by a state or national organization
recognized by the board as meeting an examination that meets the
requirements of division (A)(3) of this section and the standards
for recognition prescribed by the board in rules adopted under
section 4761.03 of the Revised Code.
Sec. 4761.05. (A) The Ohio respiratory care board shall
issue a license to any applicant who complies with the
requirements of section 4761.04 of the Revised Code, files the
prescribed application form, and pays the fee or fees required
under section 4761.07 of the Revised Code. The license entitles
the holder to practice respiratory care. The licensee shall
display the license in a conspicuous place at the licensee's
principal place of business.
(B)(1) The board shall issue a limited permit to any
applicant who meets the requirements of division (A)(1) of section
4761.04 of the Revised Code, files the prescribed application
form, pays the fee required under section 4761.07 of the Revised
Code, and meets either of the following requirements:
(a) Is enrolled in and is meets the conditions prescribed by
the board in rules adopted under section 4761.03 of the Revised
Code to be considered in good standing in a respiratory care
educational program approved by the board that meets the
requirements of division (A)(2) of section 4761.04 of the Revised
Code leading to a degree or certificate of completion or is a
graduate of the program;
(b) Is employed as a provider of respiratory care in this
state and was employed as a provider of respiratory care in this
state prior to March 14, 1989.
(2) The limited permit authorizes the holder to provide
respiratory care under the supervision of a respiratory care
professional. A person issued a limited permit under division
(B)(1)(a) of this section may practice respiratory care under the
limited permit for not more than until the earliest of the
following:
(a) Three years after the date the limited permit is issued;
(b) One year following the date of receipt of a certificate
of completion from a board-approved respiratory care education
program;
(c) Until The date that the holder discontinues participation
in the a board-approved respiratory care educational program;
(d) The date that the holder no longer meets the conditions
prescribed by the board in rules adopted under section 4761.03 of
the Revised Code to be considered in good standing in a
board-approved respiratory care educational program.
The board may extend the term of a limited permit in cases of
unusual hardship. The holder seeking an extension shall petition
the board in the form and manner prescribed by the board in rules
adopted under section 4761.03 of the Revised Code. This division
does not require a student enrolled in an educational program
leading to a degree or certificate of completion in respiratory
care approved by the board to obtain a limited permit to perform
any duties that are part of the required course of study.
(3) A person issued a limited permit under division (B)(1)(b)
of this section may practice under a limited permit for not more
than three years, except that this restriction does not apply to a
permit holder who, on March 14, 1989, has been employed as a
provider of respiratory care for an average of not less than
twenty-five hours per week for a period of not less than five
years by a hospital.
(C) All holders of licenses and limited permits issued under
this section shall display, in a conspicuous place on their
persons, information that identifies the type of authorization
under which they practice.
Sec. 4761.06. (A) Each license to practice respiratory care
shall be renewed biennially. Each limited permit to practice
respiratory care shall be renewed annually. Each person holding a
license or limited permit to practice respiratory care shall apply
to the Ohio respiratory care board on the form and according to
the schedule prescribed by the board for renewal of the license or
limited permit. Licenses and limited permits shall be renewed in
accordance with the standard renewal procedure of Chapter 4745. of
the Revised Code. The board shall renew a license upon the payment
of the license renewal fee prescribed under section 4761.07 of the
Revised Code and proof of satisfactory completion of the
continuing education or reexamination requirements of division (B)
of this section. The board shall renew a limited permit upon
payment of the limited permit renewal fee prescribed under section
4761.07 of the Revised Code and submission of one of the
following:
(1) If the limited permit was issued on the basis of division
(B)(1)(a) of section 4761.05 of the Revised Code, proof acceptable
to the board of enrollment being enrolled in and meeting the
conditions prescribed by the board in rules adopted under section
4761.03 of the Revised Code to be considered in good standing in
an educational program that meets the requirements of division
(A)(2) of section 4761.04 of the Revised Code or of graduation
from such a program;
(2) If the limited permit was issued on the basis of division
(B)(1)(b) of section 4761.05 of the Revised Code, proof acceptable
to the board of employment as a provider of respiratory care.
(B) On and after March 14, 1991, and every year thereafter,
on or before the annual renewal date, the holder of a limited
permit issued under division (B)(1)(b) of section 4761.05 of the
Revised Code shall submit proof to the board that the holder has
satisfactorily completed the number of hours of continuing
education required by the board, which shall not be less than
three nor more than ten hours of continuing education acceptable
to the board.
On or before the biennial renewal date, a license holder
shall submit proof to the board that the license holder has
satisfactorily completed the number of hours of continuing
education required by the board, which shall be not less than six
nor more than twenty hours of continuing education acceptable to
the board, or has passed a reexamination in accordance with the
board's renewal requirements. The board may waive all or part of
the continuing education requirement for a license holder who has
held the license for less than two years.
Sec. 4761.07. (A) The (1) Except as provided in division
(A)(2) of this section, the Ohio respiratory care board shall
charge any license applicant or holder who is to take an
examination required under division (A)(3) of section 4761.04 or a
reexamination required under division (B) of section 4761.06 of
the Revised Code for license renewal or under section 4761.09 of
the Revised Code for license reinstatement, a nonrefundable
examination fee, not to exceed the amount necessary to cover the
expense of administering the examination. The license applicant or
holder shall pay the fee at the time of application for licensure
or, renewal, or reinstatement.
(2) The examination fees described in division (A)(1) of this
section shall not be charged if the board recognizes for use as
the licensing examination or the reexamination for license renewal
or reinstatement one or more examinations that meet the standards
prescribed by the board in rules adopted under section 4761.03 of
the Revised Code and are administered by state or national
organizations.
(B) The board shall establish the following additional
nonrefundable fees and penalty:
(1) An initial license fee, not to exceed seventy-five
dollars;
(2) A biennial license renewal fee, not to exceed one hundred
dollars;
(3) A limited permit fee, not to exceed twenty dollars;
(4) A limited permit renewal fee, not to exceed ten dollars;
(5) A late renewal penalty, not to exceed fifty per cent of
the renewal fee;
(6) A fee for accepting and storing hyperbaric technologist
certifications filed with the board under division (A)(11) of
section 4761.11 of the Revised Code, not to exceed twenty dollars.
(C) Notwithstanding division (B)(4) of this section, after
the third renewal of a limited permit that meets the exception in
division (B)(3) of section 4761.05 of the Revised Code, the
limited permit renewal fee shall be one-half the amount of the
biennial license renewal fee established under division (B)(2) of
this section and section 4761.08 of the Revised Code.
(D) The board shall adjust the fees biennially and within the
limits established by division (B) of this section to provide
sufficient revenues to meet its expenses.
(E) The board may, by rule, provide for the waiver of all or
part of a license fee when the license is issued less than
eighteen months before its expiration date.
(F) All fees received by the board shall be deposited into
the state treasury to the credit of the occupational licensing and
regulatory fund.
Sec. 4761.09. (A) The Ohio respiratory care board may refuse
to issue or renew a license or a limited permit, may issue a
reprimand, may suspend or permanently revoke a license or limited
permit, or may place a license or limited permit holder on
probation, on any of the following grounds:
(1) A plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for an offense involving moral turpitude or of a
felony, in which case a certified copy of the court record shall
be conclusive evidence of the matter;
(2) Violating any provision of this chapter or an order or
rule of the board;
(3) Assisting another person in that person's violation of
any provision of this chapter or an order or rule of the board;
(4) Obtaining a license or limited permit by means of fraud,
false or misleading representation, or concealment of material
facts or making any other material misrepresentation to the board;
(5) Being guilty of negligence or gross misconduct in the
practice of respiratory care;
(6) Violating the standards of ethical conduct adopted by the
board, in the practice of respiratory care;
(7) Engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud, or harm the
public;
(8) Using Practicing or being present with an intent to
practice respiratory care while showing signs of impairment from
being under the influence of any dangerous drug, as defined in
section 4729.01 of the Revised Code, or alcohol to the extent that
the use impairs the ability to practice respiratory care at an
acceptable level of competency;
(9) Self-administering or otherwise taking into the body any
dangerous drub in any way that is not in accordance with a legal,
valid prescription issued for that individual, or
self-administering or otherwise taking into the body any drug that
is a schedule I controlled substance;
(10) Habitual or excessive use of controlled substances,
alcohol, or other habit-forming drugs or chemical substances to
the extent that the use impairs the individual's ability to
provide safe respiratory care;
(11) Practicing respiratory care while mentally incompetent;
(10)(12) Accepting commissions, rebates, or other forms of
remuneration for patient referrals;
(11)(13) Practicing in an area of respiratory care for which
the person is clearly untrained or incompetent or practicing in a
manner that conflicts with section 4761.17 of the Revised Code;
(12)(14) Employing, directing, or supervising a person who is
not authorized to practice respiratory care under this chapter in
the performance of respiratory care procedures;
(13)(15) Misrepresenting educational attainments or
authorized functions for the purpose of obtaining some benefit
related to the practice of respiratory care;
(14)(16) Assisting suicide as defined in section 3795.01 of
the Revised Code;
(17) Denial, revocation, suspension, or restriction of
authority to engage in a licensed profession or practice a health
care occupation, including respiratory care, in this state or any
other state or jurisdiction for any reason other than failure to
renew.
Before the board may take any action under this section,
other than issuance of a summary suspension order under division
(C) of this section, the executive director of the board shall
prepare and file written charges with the board. Disciplinary
actions taken by the board under this section shall be taken
pursuant to an adjudication under Chapter 119. of the Revised
Code, except that in lieu of an adjudication, the board may enter
into a consent agreement to resolve an allegation of a violation
of this chapter or any rule adopted under it. A consent agreement,
when ratified by the board, shall constitute the findings and
order of the board with respect to the matter addressed in the
agreement. If the board refuses to ratify a consent agreement, the
admissions and findings contained in the consent agreement shall
be of no effect.
(B) If the board orders a license or limited permit holder
placed on probation, the order shall be accompanied by a written
statement of the conditions under which the person may be restored
to practice.
The person may reapply to the board for original issuance of
a license after one year following the date the license was
denied.
A person may apply to the board for the reinstatement of a
license or limited permit after one year following the date of
suspension or refusal to renew. The board may accept or refuse the
application for reinstatement and may require that the applicant
pass a reexamination as a condition of eligibility for
reinstatement.
(C) If the president and secretary of the board determine
that there is clear and convincing evidence that a license or
limited permit holder has committed an act that is grounds for
board action under division (A) of this section and that continued
practice by the license or permit holder presents a danger of
immediate and serious harm to the public, the president and
secretary may recommend that the board suspend the license or
limited permit without a prior hearing. The president and
secretary shall submit in writing to the board the allegations
causing them to recommend the suspension.
On review of the allegations, the board, by a vote of not
less than seven of its members, may suspend a license or limited
permit without a prior hearing. The board may review the
allegations and vote on the suspension by a telephone conference
call.
If the board votes to suspend a license or limited permit
under this division, the board shall issue a written order of
summary suspension to the license or limited permit holder in
accordance with section 119.07 of the Revised Code. If the license
or limited permit holder requests a hearing by the board, the
board shall conduct the hearing in accordance with Chapter 119. of
the Revised Code. Notwithstanding section 119.12 of the Revised
Code, a court of common pleas shall not grant a suspension of the
board's order of summary suspension pending determination of an
appeal filed under that section.
Any order of summary suspension issued under this division
shall remain in effect until a final adjudication order issued by
the board pursuant to division (A) of this section becomes
effective. The board shall issue its final adjudication order
regarding an order of summary suspension issued under this
division not later than sixty days after completion of its
hearing. Failure to issue the order within sixty days shall result
in immediate dissolution of the suspension order, but shall not
invalidate any subsequent, final adjudication order.
Sec. 4761.17. All of the following apply to the practice of
respiratory care by a person who holds a license or limited permit
issued under this chapter:
(A) The person shall practice only pursuant to a one of the
following:
(1) A prescription or other order for respiratory care issued
by a one of the following:
(b) A registered nurse who holds a certificate of authority
issued under Chapter 4723. of the Revised Code to practice as a
certified nurse practitioner or clinical nurse specialist and has
entered into a standard care arrangement with a physician that
allows the nurse to prescribe or order respiratory care services;
(c) A physician assistant who holds a certificate to practice
issued under Chapter 4730. of the Revised Code and has entered
into a supervision agreement approved under section 4730.18 of the
Revised Code with a physician who allows the physician assistant
to prescribe or order respiratory care services.
(2) A protocol consisting of a set of treatment or medication
administration guidelines that are developed by a hospital or
nursing home under appropriate medical direction and with medical
staff approval and that comply with standards prescribed by the
Ohio respiratory care board in rules adopted under section 4761.03
of the Revised Code.
(B) The person shall practice only under the supervision of a
physician or under the supervision of a certified nurse
practitioner or, clinical nurse specialist, or physician assistant
who is authorized to prescribe or order respiratory care services
as provided in division (A) of this section.
(C) When practicing under the prescription or order of a
certified nurse practitioner or clinical nurse specialist or under
the supervision of such a nurse, the person's administration of
medication that requires a prescription is limited to the drugs
that the nurse is authorized to prescribe pursuant to the nurse's
certificate to prescribe issued under section 4723.48 of the
Revised Code.
(D) When practicing under the prescription or order of a
physician assistant or under the supervision of a physician
assistant, the person's administration of medication that requires
a prescription is limited to the drugs that the physician
assistant is authorized to prescribe pursuant to the physician
assistant's certificate to prescribe issued under section 4730.44
of the Revised Code.
Section 2. That existing sections 4730.09, 4761.01, 4761.03,
4761.04, 4761.05, 4761.06, 4761.07, 4761.09, and 4761.17 of the
Revised Code are hereby repealed.
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