reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4722 | Home Construction Service Suppliers › Section 4722.08 | Owners' Causes of Action.

Effective:
August 31, 2012
Latest Legislation:
House Bill 383 - 129th General Assembly
For a violation of Chapter 4722. of the Revised Code, an owner has a cause of action and is entitled to relief as follows:
(A) Where the violation was an act prohibited by section 4722.02, 4722.03, or 4722.04 of the Revised Code, the owner may, in an individual action, rescind the transaction or recover the owner's actual economic damages plus an amount not exceeding five thousand dollars in noneconomic damages.
(B) In any action for rescission, revocation of the transaction must occur within a reasonable time after the owner discovers or should have discovered the ground for it and before any substantial change in condition of the subject of the transaction.
(C) Any owner may seek a declaratory judgment, an injunction, or other appropriate relief against an act or practice that violates this chapter.
(D) The court may award to the prevailing party a reasonable attorney's fee limited to the work reasonably performed, if either of the following apply:
(1) The owner complaining of the act or practice that violated this chapter has brought or maintained an action that is groundless, and the owner filed or maintained the action in bad faith;
(2) The home construction service supplier has knowingly committed an act or practice that violates this chapter.
(E) As used in this section, "actual economic damages" means damages for direct, incidental, or consequential pecuniary losses resulting from a violation of Chapter 4722. of the Revised Code and does not include damages for noneconomic loss as defined in section 2315.18 of the Revised Code.
(F) Nothing in this section shall preclude an owner from also proceeding with a cause of action under any other theory of law.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.011 | "Registered Nurse".

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
As used in this chapter, unless otherwise specified, "registered nurse" includes a registered nurse who is also licensed under this chapter as an advanced practice registered nurse.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.021 | Immunity.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
In the absence of fraud or bad faith, the board of nursing, a current or former board member, an agent of the board, a representative of the board, an employee of the board, or an entity that provides services related to remediation under the board's practice intervention and improvement program shall not be held liable in damages to any person as the result of any act, omission, proceeding, conduct, or decision related to official duties undertaken or performed pursuant to this chapter. If a member, agent, representative, employee, or entity asks to be defended by the state against any claim or action arising out of any act, omission, proceeding, conduct, or decision related to the requestor's official duties, and the request is made in writing at a reasonable time before trial and the requestor cooperates in good faith in the defense of the claim or action, the state shall provide and pay for the requestor's defense and shall pay any resulting judgment, compromise, or settlement. At no time shall the state pay any part of a claim or judgment that is for punitive or exemplary damages.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.05 | Appointment of Executive Director - Duties.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
The board of nursing shall appoint an executive director who shall be a resident of this state during the term of appointment and shall not be a member of the board at the time of appointment or during the term of appointment. The board shall meet at such times and places as it may direct and provide in its rules. The president may call special meetings, and the executive director shall call special meetings upon the written request of two or more board members. The board shall provide itself with a seal. The president and executive director may administer oaths. The executive director is the chief administrative officer of the board and shall serve as a full time employee of the board and shall be entitled to attend all meetings of the board except meetings concerning the appointment and terms of employment of the executive director.
The term of the executive director shall be one year commencing on the first day of January. The executive director shall receive necessary expenses in addition to salary. The executive director shall give a surety bond to the state in such sum as the board requires, and conditioned upon the faithful performance of the duties of executive director.
The executive director is an appointing authority as defined in section 124.01 of the Revised Code, and may appoint such nursing education consultants, nursing practice consultants, investigative personnel, and any additional employees for professional, clerical, and special work necessary to carry out the board's functions and with the board's approval, may establish standards for the conduct of employees.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.061 | Minor Violations.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
This chapter does not require the board of nursing to act on minor violations of this chapter or the rules adopted under it, if the violations are committed by individuals licensed under this chapter and the board determines that the public is adequately protected by issuing a notice or warning to the alleged offender.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.062 | Nursing Special Issue Fund.

Effective:
September 5, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
The board of nursing may solicit and accept grants and services to develop and maintain a program that addresses patient safety and health care issues related to the supply of and demand for nurses and other health care workers. The board shall not solicit or accept a grant or service that interferes with the board's independence or objectivity.
All money received by the board under this section shall be deposited into the nursing special issue fund which is hereby created in the state treasury. The board shall use money in the fund to pay the costs it incurs in implementing this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.064 | Access to Information From Ohio Law Enforcement Gateway.

Effective:
May 20, 2011
Latest Legislation:
House Bill 93 - 129th General Assembly
The board of nursing may access and view, but not alter, information gathered and disseminated through the Ohio law enforcement gateway established under section 109.57 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.071 | Administrative Rules for Nursing Delegation as It Applies to Dd Personnel Who Administer Prescribed Medications, Perform Health-Related Activities, and Perform Tube Feedings.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483, House Bill 158 - 131st General Assembly
(A) As used in this section, "health-related activities" and "developmental disabilities personnel" have the same meanings as in section 5123.41 of the Revised Code.
(B) The board of nursing shall adopt rules as it considers necessary to govern nursing delegation as it applies to developmental disabilities personnel who administer medications and perform health-related activities pursuant to the authority granted under section 5123.42 of the Revised Code. The board shall not establish in the rules any requirement that is inconsistent with the authority of developmental disabilities personnel granted under that section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(C) The board may accept complaints from any person or government entity regarding the performance or qualifications of developmental disabilities personnel who administer medications and perform health-related activities pursuant to the authority granted under section 5123.42 of the Revised Code. The board shall refer all complaints received to the department of developmental disabilities. The board may participate in an investigation of a complaint being conducted by the department under section 5123.421 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.072 | Prelicensure Nursing Education Program Faculty Criteria.

Effective:
September 23, 2022
Latest Legislation:
House Bill 583 - 134th General Assembly
(A) From the effective date of this section through January 31, 2028, a prelicensure nursing education program leading to initial licensure to practice nursing as a licensed practical nurse may use as a member of its faculty any individual who meets either of the following conditions:
(1) Holds a baccalaureate degree in nursing;
(2) Is scheduled to receive a baccalaureate degree in nursing within twelve calendar months after the date the program first uses the individual as a member of its faculty.
(B)(1) During the period specified in division (A) of this section, the board of nursing shall not refuse to grant full approval to, or renew approval for, a prelicensure nursing education program solely on the basis that the program uses as a member of its faculty an individual described in division (A) of this section.
(2) On and after February 1, 2028, the board shall not refuse to grant full approval to, or renew approval for, a prelicensure nursing education program solely on the basis that the program uses as a member of its faculty an individual described in division (A) of this section if the program was approved or applied for approval during the period specified in division (A) of this section.
(C) Nothing in this section prohibits the board from adopting rules on or after February 1, 2028, to authorize a prelicensure nursing education program to use as a member of its faculty an individual described in division (A) of this section.
Last updated October 18, 2022 at 3:41 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.081 | Fees in Excess of Statutory Amounts.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
The board of nursing, subject to the approval of the controlling board, may establish fees in excess of the amounts provided by section 4723.08 of the Revised Code, provided that such fees do not exceed those amounts by more than fifty per cent.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.082 | Depositing Receipts.

Effective:
June 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
(A) Except as provided in section 4723.062 of the Revised Code and division (B) of this section, all receipts of the board of nursing, from any source, shall be deposited in the state treasury to the credit of the occupational licensing and regulatory fund.
(B) All receipts from board-sponsored continuing education activities shall be deposited in the state treasury to the credit of the special nursing issue fund created by section 4723.062 of the Revised Code.
(C) All vouchers of the board shall be approved by the board president or executive director, or both, as authorized by the board.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.091 | Request for Criminal Records Check.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) An individual who applies for licensure under section 4723.09 of the Revised Code; issuance of a certificate under section 4723.651, 4723.75, or 4723.85 of the Revised Code; reactivation of a license, under division (D) of section 4723.24 of the Revised Code, that has been inactive for at least five years; or reinstatement of a license, under division (D) of section 4723.24 of the Revised Code, that has lapsed for at least five years shall submit a request to the bureau of criminal identification and investigation for a criminal records check of the applicant. The request shall be made in accordance with section 109.572 of the Revised Code.
(B) An applicant requesting a criminal records check under division (A) of this section shall also ask the superintendent of the bureau of criminal identification and investigation to request that the federal bureau of investigation send to the superintendent any information the federal bureau of investigation has with respect to the applicant.
(C) On receipt of all items required for the commencement of a criminal records check pursuant to division (A) of this section, the bureau of criminal identification and investigation shall conduct a criminal records check of the applicant. On the completion of the criminal records check, the bureau shall send the results to the board of nursing.
(D) The results of a criminal records check conducted pursuant to a request made under division (A) of this section, and any report containing those results, are not public records for purposes of section 149.43 of the Revised Code and shall not be made available to any person or for any purpose other than the following:
(1) The results may be made available to any person for use in determining under section 4723.09, 4723.651, 4723.75, or 4723.85 of the Revised Code whether the individual who is the subject of the check should be granted a license or certificate under this chapter or whether any temporary permit granted to the individual under section 4723.09 of the Revised Code has terminated automatically.
(2) The results may be made available to any person for use in determining under division (D) of section 4723.24 of the Revised Code whether the individual who is the subject of the check should have the individual's license or certificate reactivated or reinstated.
(3) The results may be made available to any person for use in determining under section 4723.28 of the Revised Code whether the individual who is the subject of the check should be subject to disciplinary action in accordance with that section.
(4) The results may be made available to the individual who is the subject of the check or that individual's representative.
Last updated March 22, 2023 at 11:41 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.092 | Ineligibility for Licensure.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
The board of nursing shall not refuse to issue a license under section 4723.09 of the Revised Code or a certificate under section 4723.651, 4723.75, or 4723.85 of the Revised Code because of a conviction of, plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of a conviction for a criminal offense unless the refusal is in accordance with section 9.79 of the Revised Code.
Last updated March 22, 2023 at 11:42 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.10 | National Standardized Nursing Examination.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
With respect to individuals applying for licensure by examination, the board of nursing shall accept all or any part of the licensure examination of the national council of state boards of nursing or any other national standardized nursing examination that the board considers to be an appropriate measure of whether a person is competent to commence practicing nursing as a registered nurse or as a licensed practical nurse. If the board incurs any cost in its acceptance of an examination under this section or in making the accepted examination available to applicants, the board may require applicants for licensure by examination to pay an amount sufficient to cover the cost incurred.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.111 | Administrator to the Interstate Commission of Nurse Licensure Compact Administrators.

Effective:
January 1, 2023
Latest Legislation:
Senate Bill 3 - 134th General Assembly
Not later than thirty days after the "Nurse Licensure Compact" is entered into under section 4723.11 of the Revised Code, the board of nursing, in accordance with article VII of the compact, shall select an individual to serve as an administrator to the interstate commission of nurse licensure compact administrators created under the compact. The board shall fill a vacancy in this position not later than thirty days after the vacancy occurs.
Last updated August 20, 2021 at 4:30 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.112 | Multistate License to Practice Nursing; Fee.

Effective:
January 1, 2023
Latest Legislation:
Senate Bill 3 - 134th General Assembly
A multistate license to practice registered or licensed practical nursing issued pursuant to section 4723.11 of the Revised Code is an option for licensure in addition to a traditional license to practice as a registered nurse or as a licensed practical nurse issued pursuant to section 4723.09 of the Revised Code. The board of nursing may charge a fee in excess of the traditional license fee for issuance of a multistate license. The board shall not pass along to a traditional license applicant or holder any costs associated with entering into or administering the "Nurse Licensure Compact" under section 4723.11 of the Revised Code.
Last updated August 20, 2021 at 4:31 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.113 | Comments on Proposed Rules via Teleconference.

Effective:
January 1, 2023
Latest Legislation:
Senate Bill 3 - 134th General Assembly
The Interstate Commission of Nurse Licensure Compact Administrators, in providing an opportunity to comment on a proposed rule as set forth in article VIII.g. of the "Nurse Licensure Compact" entered into under section 4723.11 of the Revised Code, shall provide the opportunity to comment orally via teleconference.
Last updated August 20, 2021 at 4:38 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.114 | Employer Obligations Regarding Nurses Holding Multistate Licenses.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code.
(B) A person or governmental entity that employs, or contracts directly or through another person or governmental entity for the provision of services by, a nurse holding a multistate license to practice registered or licensed practical nursing issued pursuant to section 4723.11 of the Revised Code shall do both of the following if the nurse's home state, as defined in that section, is not Ohio:
(1) Report to the board of nursing the number of nurses holding multistate licenses who are employed by, or providing services for, the person or governmental entity;
(2) Provide each nurse holding a multistate license a copy of board-developed information concerning laws and rules specific to the practice of nursing in Ohio.
(C) The board shall develop information concerning laws and rules specific to the practice of nursing in Ohio and make that information available on its internet web site.
(D) The board may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
Last updated March 22, 2023 at 3:45 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.115 | No Limits on Collective Bargaining, Board Authority.

Effective:
January 1, 2023
Latest Legislation:
Senate Bill 3 - 134th General Assembly
Nothing in sections 4723.11 to 4723.114 of the Revised Code shall be construed to limit, alter, or modify the following:
(A) Any of the terms, conditions, or provisions of a collective bargaining agreement entered into by a hospital;
(B) The authority of the board of nursing to determine any of the following:
(1) Whether an applicant seeking a traditional license to practice as a registered nurse or as a licensed practical nurse issued pursuant to section 4723.09 of the Revised Code meets the educational requirements of that section;
(2) Whether a registered nurse or licensed practical nurse holding a license to practice issued pursuant to section 4723.09 of the Revised Code has completed the continuing education required for renewal as described in section 4723.24 of the Revised Code;
(3) Whether a registered nurse or licensed practical nurse holding a license to practice issued pursuant to section 4723.09 of the Revised Code has engaged in activities that exceed the practice of nursing as a registered nurse or as a licensed practical nurse.
Last updated August 20, 2021 at 4:36 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.116 | Grants From National Council.

Effective:
January 1, 2023
Latest Legislation:
Senate Bill 3 - 134th General Assembly
The board of nursing may accept grant money from the national council of state boards of nursing to assist in the implementation of sections 4723.11 and 4723.111 of the Revised Code.
Last updated August 20, 2021 at 4:39 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.15 | Legacy Provisions.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
(A) A certificate of registration to practice professional nursing as a registered nurse issued by the state nurses board or the board of nursing education and nurse registration under former provisions of this chapter or by the nurses' examining committee of the state medical board as provided in former sections 1295-01 to 1295-20 and 1347 et seq. of the General Code shall remain valid and shall confer the same privileges and impose the same responsibilities and requirements as a license issued by the board of nursing under this chapter on or after June 14, 1988.
(B) A license to practice practical nursing as a licensed practical nurse issued by the board of nursing education and nurse registration under former provisions of this chapter shall remain valid and shall confer the same privileges and impose the same responsibilities and requirements as a license issued by the board of nursing under this chapter on or after June 14, 1988.
(C) Any person who on June 14, 1988, holds a current, valid certificate or license to practice nursing as a registered nurse or as a licensed practical nurse in this state shall, for the purposes of this chapter, be deemed to hold a license.
(D) Any licensed practical nurse who on June 14, 1988, holds proof of successful completion of a course in medication administration approved by the board of nursing shall be considered to be qualified to administer medication as defined in division (F)(3) of section 4723.01 of the Revised Code.
Last updated February 4, 2022 at 10:19 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.151 | Unlicensed Practice.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
(A) Medical diagnosis, prescription of medical measures, and the practice of medicine or surgery or any of its branches by a nurse are prohibited.
(B) Division (A) of this section does not prohibit a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner from practicing within the nurse's scope of practice in accordance with section 4723.43 of the Revised Code.
(C) Notwithstanding division (B) of this section, nothing in this chapter shall be construed as authorizing any nurse to prescribe any drug or device to perform or induce an abortion, or to otherwise perform or induce an abortion.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.181 | Intravenous Therapy Procedures.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) A licensed practical nurse may perform on any person any of the intravenous therapy procedures specified in division (B) of this section if both of the following apply:
(1) The licensed practical nurse acts at the direction of a registered nurse or a physician, physician assistant, dentist, optometrist, or podiatrist who is authorized to practice in this state and the registered nurse, physician, physician assistant, dentist, optometrist, or podiatrist is on the premises where the procedure is to be performed or accessible by some form of telecommunication.
(2) The licensed practical nurse can demonstrate the knowledge, skills, and ability to perform the procedure safely.
(B) The intravenous therapy procedures that a licensed practical nurse may perform pursuant to division (A) of this section are limited to the following:
(1) Verification of the type of peripheral intravenous solution being administered;
(2) Examination of a peripheral infusion site and the extremity for possible infiltration;
(3) Regulation of a peripheral intravenous infusion according to the prescribed flow rate;
(4) Discontinuation of a peripheral intravenous device at the appropriate time;
(5) Performance of routine dressing changes at the insertion site of a peripheral venous or arterial infusion, peripherally inserted central catheter infusion, or central venous pressure subclavian infusion.
Last updated March 22, 2023 at 11:45 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.25 | Continuing Education Courses in Domestic Violence and Its Relationship to Child Abuse.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
The board of nursing shall approve one or more continuing education courses of study that comply with divisions (E) and (F) of section 4723.07 of the Revised Code and that assist nurses in recognizing the signs of domestic violence and its relationship to child abuse. Nurses are not required to take the courses.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.271 | Replacement Copies of Certificates.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
(A) Upon request of the holder of a nursing license, dialysis technician certificate, medication aide certificate, or community health worker certificate issued under this chapter, the presentment of proper identification as prescribed in rules adopted by the board of nursing, and payment of the fee authorized under section 4723.08 of the Revised Code, the board of nursing shall provide to the requestor a replacement copy of a wall certificate suitable for framing.
(B) Upon request of the holder of a nursing license, volunteer's certificate, dialysis technician certificate, medication aide certificate, or community health worker certificate issued under this chapter and payment of the fee authorized under section 4723.08 of the Revised Code, the board shall verify to an agency of another jurisdiction or foreign country the fact that the person holds such nursing license, volunteer's certificate, dialysis technician certificate, medication aide certificate, or community health worker certificate.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.29 | Subpoena Power.

Effective:
July 1, 2009
Latest Legislation:
House Bill 525 - 127th General Assembly
In addition to the powers conferred upon the board of nursing by Chapter 119. of the Revised Code, the board may subpoena witnesses and require their attendance, require the testimony of witnesses and require the production by witnesses of books, papers, public records, and other documentary evidence, and examine them as it may require in relation to any matter which it has authority to investigate, inquire into, or hear.
A subpoena for patient record information shall be issued only upon approval of the executive director of the board, and the president or another member of the board designated by the president, in consultation with the office of the attorney general. Before issuance of any such subpoena, the executive director and the office of the attorney general shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or any rule of the board, that the records sought are relevant to the alleged violation and material to the investigation, and that the records cover a reasonable period of time surrounding the alleged violation.
Upon failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may move for an order compelling the production of persons or records pursuant to Ohio Rules of Civil Procedure.
Each officer who serves such subpoena shall receive the same fees as a sheriff, and each witness who appears, in obedience to a subpoena, before the board, shall receive the fees and mileage provided for under section 119.094 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.33 | Protection Against Retaliatory Action.

Effective:
June 30, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
A registered nurse, licensed practical nurse, dialysis technician, community health worker, or medication aide who in good faith makes a report under this chapter or any other provision of the Revised Code regarding a violation of this chapter or any other provision of the Revised Code, or participates in any investigation, administrative proceeding, or judicial proceeding resulting from the report, has the full protection against retaliatory action provided by sections 4113.51 to 4113.53 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.34 | Reporting Misconduct.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 3 - 134th General Assembly
(A) A person or governmental entity that employs, or contracts directly or through another person or governmental entity for the provision of services by, registered nurses, licensed practical nurses, nurses holding multistate licenses to practice registered or licensed practical nursing issued pursuant to section 4723.11 of the Revised Code, dialysis technicians, medication aides, or certified community health workers and that knows or has reason to believe that a current or former employee or person providing services under a contract who holds a license or certificate issued under this chapter engaged in conduct that would be grounds for disciplinary action by the board of nursing under this chapter or rules adopted under it shall report to the board of nursing the name of such current or former employee or person providing services under a contract. The report shall be made on the person's or governmental entity's behalf by an individual licensed by the board who the person or governmental entity has designated to make such reports.
A prosecutor in a case described in divisions (B)(3) to (5) of section 4723.28 of the Revised Code, or in a case where the trial court issued an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor committed in the course of practice, a felony charge, or a charge of gross immorality or moral turpitude, who knows or has reason to believe that the person charged is licensed under this chapter to practice nursing as a registered nurse or as a licensed practical nurse or holds a certificate issued under this chapter to practice as a dialysis technician shall notify the board of nursing of the charge. With regard to certified community health workers and medication aides, the prosecutor in a case involving a charge of a misdemeanor committed in the course of employment, a felony charge, or a charge of gross immorality or moral turpitude, including a case dismissed on technical or procedural grounds, who knows or has reason to believe that the person charged holds a community health worker or medication aide certificate issued under this chapter shall notify the board of the charge.
Each notification from a prosecutor shall be made on forms prescribed and provided by the board. The report shall include the name and address of the license or certificate holder, the charge, and the certified court documents recording the action.
(B) If any person or governmental entity fails to provide a report required by this section, the board may seek an order from a court of competent jurisdiction compelling submission of the report.
Last updated July 29, 2021 at 2:57 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.341 | Immunity.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
(A) As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code and also includes the board of nursing and its members and employees; health care facilities, associations, and societies; insurers; and individuals.
(B) In the absence of fraud or bad faith, no person reporting to the board of nursing or testifying in an adjudication conducted under Chapter 119. of the Revised Code with regard to alleged incidents of negligence or malpractice or matters subject to this chapter or sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code shall be subject to either of the following based on making the report or testifying:
(1) Liability in damages in a civil action for injury, death, or loss to person or property;
(2) Discipline or dismissal by an employer.
(C) An individual who is disciplined or dismissed in violation of division (B)(2) of this section has the same rights and duties accorded an employee under sections 4113.52 and 4113.53 of the Revised Code.
(D) In the absence of fraud or bad faith, no professional association of registered nurses, advanced practice registered nurses, licensed practical nurses, dialysis technicians, community health workers, or medication aides that sponsors a committee or program to provide peer assistance to individuals with substance abuse problems, no representative or agent of such a committee or program, and no member of the board of nursing shall be liable to any person for damages in a civil action by reason of actions taken to refer a nurse, dialysis technician, community health worker, or medication aide to a treatment provider or actions or omissions of the provider in treating a nurse, dialysis technician, community health worker, or medication aide.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.36 | Determination of Death by Certified Nurse Practitioner or Clinical Nurse Specialist.

Effective:
March 22, 2013
Latest Legislation:
House Bill 284 - 129th General Assembly
(A) A certified nurse practitioner or clinical nurse specialist may determine and pronounce an individual's death, but only if the individual's respiratory and circulatory functions are not being artificially sustained and, at the time the determination and pronouncement of death is made, either or both of the following apply:
(1) The individual was receiving care in one of the following:
(a) A nursing home licensed under section 3721.02 of the Revised Code or by a political subdivision under section 3721.09 of the Revised Code;
(b) A residential care facility or home for the aging licensed under Chapter 3721. of the Revised Code;
(c) A county home or district home operated pursuant to Chapter 5155. of the Revised Code;
(d) A residential facility licensed under section 5123.19 of the Revised Code.
(2) The certified nurse practitioner or clinical nurse specialist is providing or supervising the individual's care through a hospice care program licensed under Chapter 3712. of the Revised Code or any other entity that provides palliative care.
(B) A registered nurse may determine and pronounce an individual's death, but only if the individual's respiratory and circulatory functions are not being artificially sustained and, at the time the determination and pronouncement of death is made, the registered nurse is providing or supervising the individual's care through a hospice care program licensed under Chapter 3712. of the Revised Code or any other entity that provides palliative care.
(C) If a certified nurse practitioner, clinical nurse specialist, or registered nurse determines and pronounces an individual's death, the nurse shall comply with both of the following:
(1) The nurse shall not complete any portion of the individual's death certificate.
(2) The nurse shall notify the individual's attending physician of the determination and pronouncement of death in order for the physician to fulfill the physician's duties under section 3705.16 of the Revised Code. The nurse shall provide the notification within a period of time that is reasonable but not later than twenty-four hours following the determination and pronouncement of the individual's death.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.40 | Injunctions.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
(A) Through the attorney general or an appropriate prosecuting attorney, the board of nursing may apply to an appropriate court for an order enjoining the unauthorized practice of nursing or any other violation of this chapter. On the filing of a verified petition, the court shall conduct a hearing on the petition and give the same preference to the proceeding as is given all proceedings under Chapter 119. of the Revised Code, irrespective of the position of the proceeding on the court's calendar. On a showing that a person has violated or is about to violate any provision of this chapter, the court shall grant an order enjoining the violation.
(B)(1) If the board's supervising member for disciplinary matters obtains information sufficient to determine that a person may have engaged in the unauthorized practice of nursing or any other violation of this chapter, the supervising member shall notify the alleged offender by registered mail that information has been obtained regarding the alleged violation. The notice may be sent either before or after a petition has been filed under division (A) of this section.
(2) To be considered sufficient, the information must include all of the following:
(a) A description of the alleged violation;
(b) If a particular individual can be identified, the name of the individual involved in the violation;
(c) The name and address of the facility, institution, or other place where the violation occurred;
(d) The approximate dates that the violation occurred.
(3) Not later than thirty days after receiving notice from the supervising member, the alleged offender shall respond to the supervising member with respect to the allegations. If the person fails to give a timely and sufficient response, the supervising member shall investigate. Based on the findings of the investigation, the supervising member may request that the board proceed as authorized by division (A) of this section.
(C) The injunction proceedings and notice requirements provided for by this section are in addition to all penalties and other remedies provided in this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.432 | Cooperation in Investigations.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
(A) An advanced practice registered nurse who is designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner shall cooperate with the state medical board in any investigation the board conducts with respect to a physician or podiatrist who collaborates with the nurse. The nurse shall cooperate with the board in any investigation the board conducts with respect to the unauthorized practice of medicine by the nurse.
(B) An advanced practice registered nurse who is designated as a certified registered nurse anesthetist shall cooperate with the state medical board or state dental board in any investigation either board conducts with respect to a physician, podiatrist, or dentist who permits the nurse to practice with the supervision of that physician, podiatrist, or dentist. The nurse shall cooperate with either board in any investigation it conducts with respect to the unauthorized practice of medicine or dentistry by the nurse.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.433 | Clinical Support Functions and Delegation.

Effective:
March 27, 2020
Latest Legislation:
House Bill 197 - 133rd General Assembly
When performing clinical support functions as authorized by section 4723.43 of the Revised Code, a certified registered nurse anesthetist may direct a registered nurse, licensed practical nurse, or respiratory therapist to provide supportive care, including monitoring vital signs, conducting electrocardiograms, and administering intravenous fluids, if the nurse or therapist is authorized by law to provide such care.
In addition, the certified registered nurse anesthetist may direct the nurse or therapist to administer treatments, drugs, and intravenous fluids to treat conditions related to the administration of anesthesia if the nurse or therapist is authorized by law to administer treatments, drugs, and intravenous fluids and a physician, podiatrist, or dentist ordered the treatments, drugs, and intravenous fluids.
Last updated November 23, 2021 at 3:33 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.434 | Lawful Activities.

Effective:
March 27, 2020
Latest Legislation:
House Bill 197 - 133rd General Assembly
(A) During the time period that begins on a patient's admission for a surgery or procedure to a health care facility where the certified registered nurse anesthetist practices and ends with the patient's discharge from recovery, the nurse may engage in one or more of the following activities:
(1) Performing and documenting evaluations and assessments, which may include ordering and evaluating one or more diagnostic tests for conditions related to the administration of anesthesia;
(2) As necessary for patient management and care, selecting, ordering, and administering treatments, drugs, and intravenous fluids for conditions related to the administration of anesthesia;
(3) As necessary for patient management and care, directing registered nurses, licensed practical nurses, and respiratory therapists to perform either or both of the following activities if authorized by law to perform such activities:
(a) Providing supportive care, including monitoring vital signs, conducting electrocardiograms, and administering intravenous fluids;
(b) Administering treatments, drugs, and intravenous fluids to treat conditions related to the administration of anesthesia.
(B)(1) A certified registered nurse anesthetist may not engage in one or more of the activities described in division (A) of this section unless all of the following apply:
(a) The nurse is physically present at the health care facility when performing the activities.
(b) The nurse's supervising physician, podiatrist, or dentist is physically present at the health care facility where the nurse is performing the activities.
(c) The health care facility where the nurse practices has adopted a written policy developed by the facility's medical, nursing, and pharmacy directors that meets the requirements of section 4723.435 of the Revised Code.
(2) A certified registered nurse anesthetist shall not engage in one or more of the activities described in division (A) of this section if the supervising physician, podiatrist, or dentist or the health care facility where the nurse practices determines that it is not in a patient's best interest for the nurse to perform such an activity or activities. If a supervising physician, podiatrist, or dentist or facility makes such a determination, the patient's medical or electronic health record shall indicate that the nurse is prohibited from performing the activity or activities.
(3) If a certified registered nurse anesthetist performs one or more of the activities described in division (A) of this section, the nurse shall so indicate in the patient's medical or electronic health record.
(C)(1) This section does not authorize a certified registered nurse anesthetist to prescribe a drug for use outside of the health care facility where the nurse practices.
(2) This section does not prohibit a certified registered nurse from implementing a verbal order of a supervising physician, podiatrist, or dentist.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.435 | Written Policies Regarding Nurse Anesthetists.

Effective:
March 27, 2020
Latest Legislation:
House Bill 197 - 133rd General Assembly
(A) A written policy adopted by a health care facility as described in section 4723.434 of the Revised Code shall establish standards and procedures to be followed by certified registered nurse anesthetists when performing one or more of the following activities in the health care facility:
(1) Selecting, ordering, and administering treatments, drugs, and intravenous fluids;
(2) Ordering diagnostic tests and evaluating those tests;
(3) Directing registered nurses, licensed practical nurses, and respiratory therapists to perform activities as described in division (A)(3) of section 4723.434 of the Revised Code.
(B) In adopting a policy, both of the following apply:
(1) The health care facility shall not authorize a certified registered nurse anesthetist to select, order, or administer any drug that a supervising physician, podiatrist, or dentist is not authorized to prescribe.
(2) The health care facility shall allow a supervising physician, podiatrist, or dentist to issue every order related to a patient's anesthesia care.