reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.45 | Supervision of Nurse-Midwifery.

Effective:
June 14, 1988
Latest Legislation:
House Bill 529 - 117th General Assembly
The board of nursing is hereby deemed to be the successor to the state medical board with regard to all matters related to the practice of nurse-midwifery that were the responsibility of the medical board under former sections 4731.30, 4731.32, 4731.33, 4731.341, and 4731.42 of the Revised Code. The board of nursing shall assume all of the functions and responsibilities of the medical board with regard to such matters. Any matters related to the practice of nurse-midwifery pending under such sections on the effective date of this section shall be immediately transferred by the medical board to the board of nursing accompanied by any records necessary for the board of nursing to act.
No legal action pending on the effective date of this section shall be affected by the transfer of functions and responsibilities made by this section. Any such action shall be prosecuted or defended in the name of the board of nursing and, on application of the board of nursing, the court shall substitute the board of nursing as a party.
Any person who holds a certificate to practice nurse-midwifery issued by the state medical board under Chapter 4731. of the Revised Code is hereby deemed to be certified under this chapter to practice as a nurse-midwife. No right, privilege, or remedy shall be lost or impaired by reason of the transfer of functions and responsibilities under this section from the medical board to the board of nursing. All of the rules, orders, actions, and determinations of the medical board with regard to matters related to the practice of nurse-midwifery that were the responsibility of the medical board under former sections 4731.30, 4731.32, 4731.33, 4731.341, and 4731.42 of the Revised Code shall continue in effect as the rules, orders, determinations, and actions of the board of nursing until modified or rescinded by the board of nursing.
Within thirty days after the effective date of this section, the medical board shall transfer to the board of nursing all records regarding matters related to the practice of nurse-midwifery that were the responsibility of the medical board under former sections 4731.30, 4731.32, 4731.33, 4731.341, and 4731.42 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.46 | Establishing List of Approved National Certifying Organizations.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
(A) The board of nursing shall establish a list of national certifying organizations approved by the board to examine and certify advanced practice registered nurses to practice nursing specialties. To be approved by the board, a national certifying organization must meet all of the following requirements:
(1) Be national in the scope of its credentialing;
(2) Have an educational requirement beyond that required for registered nurse licensure;
(3) Have practice requirements beyond those required for registered nurse licensure;
(4) Have testing requirements beyond those required for registered nurse licensure that measure the theoretical and clinical content of a nursing specialty, are developed in accordance with accepted standards of validity and reliability, and are open to registered nurses who have successfully completed the educational program required by the organization;
(5) Issue certificates to advanced practice registered nurses, including certified registered nurse anesthetists, clinical nurse specialists, certified nurse-midwives, or certified nurse practitioners;
(6) Periodically review the qualifications of advanced practice registered nurses, including certified registered nurse anesthetists, clinical nurse specialists, certified nurse-midwives, or certified nurse practitioners.
(B) Not later than the thirtieth day of January of each year, the board shall publish the list of national certifying organizations that have met the requirements of division (A) of this section within the previous year and remove from the list organizations that no longer meet the requirements.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.47 | License Suspension or Revocation.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
If an advanced practice registered nurse's license to practice nursing as a registered nurse lapses for failure to renew under section 4723.24 of the Revised Code, the nurse's license to practice nursing as an advanced practice registered nurse is lapsed until the license to practice nursing as a registered nurse is reinstated. If an advanced practice registered nurse's license to practice nursing as a registered nurse is classified as inactive under section 4723.24 of the Revised Code, the nurse's license to practice nursing as an advanced practice nurse is automatically classified as inactive while the license to practice nursing as a registered nurse remains inactive. If either license held by an advanced practice registered nurse is revoked under section 4723.28 or 4723.281 of the Revised Code, the other license is automatically revoked. If either license is suspended under section 4723.28 or 4728.281 of the Revised Code, the other license is automatically suspended while the suspension remains in effect.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.48 | Delegation of Authority to Administer Certain Drugs.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a license to practice nursing issued under section 4723.42 of the Revised Code may delegate to a person not otherwise authorized to administer drugs the authority to administer to a specified patient a drug, unless the drug is a controlled substance or is listed in the formulary established in rules adopted under section 4723.50 of the Revised Code. The delegation shall be in accordance with division (B) of this section and standards and procedures established in rules adopted under division (N) of section 4723.07 of the Revised Code.
(B) Prior to delegating the authority, the nurse shall do both of the following:
(1) Assess the patient and determine that the drug is appropriate for the patient;
(2) Determine that the person to whom the authority will be delegated has met the conditions specified in division (D) of section 4723.489 of the Revised Code.
Last updated March 22, 2023 at 11:46 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.483 | Epinephrine Autoinjectors.

Effective:
September 8, 2016
Latest Legislation:
House Bill 200 - 131st General Assembly
(A) (1) Subject to division ( A)(2) of this section, and notwithstanding any provision of this chapter or rule adopted by the board of nursing, a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under section 4723.48 of the Revised Code may do either of the following without having examined an individual to whom epinephrine may be administered :
(a) Personally furnish a supply of epinephrine autoinjectors for use in accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5101.76 of the Revised Code;
(b) Issue a prescription for epinephrine autoinjectors for use in accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5101.76 of the Revised Code.
(2) An epinephrine autoinjector personally furnished or prescribed under division ( A)(1) of this section must be furnished or prescribed in such a manner that it may be administered only in a manufactured dosage form.
( B) A nurse who acts in good faith in accordance with this section is not liable for or subject to any of the following for any action or omission of a n entity to which an epinephrine autoinjector is furnished or a prescription is issued: damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.488 | [Former r.c. 4723.486, Renumbered Effective 12/16/2020 by h.b. 341, 133rd General Assembly] Access to Drug Database Required for License Renewal.

Effective:
December 16, 2020
Latest Legislation:
House Bill 341 - 133rd General Assembly
(A) Except as provided in division (B) of this section, in the case of a license holder who is seeking renewal of a license to practice nursing as an advanced practice registered nurse and who prescribes opioid analgesics or benzodiazepines, as defined in section 3719.01 of the Revised Code, the holder shall certify to the board whether the holder has been granted access to the drug database established and maintained by the state board of pharmacy pursuant to section 4729.75 of the Revised Code.
(B) The requirement in division (A) of this section does not apply if any of the following is the case:
(1) The state board of pharmacy notifies the board of nursing pursuant to section 4729.861 of the Revised Code that the license holder has been restricted from obtaining further information from the drug database.
(2) The state board of pharmacy no longer maintains the drug database.
(3) The license holder does not practice nursing in this state.
(C) If a license holder certifies to the board of nursing that the holder has been granted access to the drug database and the board finds through an audit or other means that the holder has not been granted access, the board may take action under section 4723.28 of the Revised Code.
Last updated October 19, 2022 at 1:11 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.489 | Delegated Authority to Administer Drugs.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
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 l icense issued under section 4 723.42 of the Revised Code.
(B) The drug is not listed in the formulary established in rules adopted under section 4723.50 of the Revised Code, 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.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.4811 | [Enacted as r.c. 4723.484 by h.b. 231, 133rd General Assembly and Recodified as r.c. 4723.4811 Pursuant to r.c. 103.131] Furnishing or Prescribing Glucagon, Immunity.

Effective:
April 12, 2021
Latest Legislation:
House Bill 231 - 133rd General Assembly
(A)(1) Subject to division (A)(2) of this section, and notwithstanding any provision of this chapter or rule adopted by the board of nursing, a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner licensed as an advanced practice registered nurse under Chapter 4723. of the Revised Code may do either of the following without having examined an individual to whom glucagon may be administered:
(a) Personally furnish a supply of injectable or nasally administered glucagon for use in accordance with sections 3313.7115, 3313.7116, 3314.147, 3326.60, 3328.38, and 5101.78 of the Revised Code;
(b) Issue a prescription for injectable or nasally administered glucagon for use in accordance with sections 3313.7115, 3313.7116, 3314.147, 3326.60, 3328.38, and 5101.78 of the Revised Code.
(2) Injectable or nasally administered glucagon personally furnished or prescribed under division (A)(1) of this section must be furnished or prescribed in such a manner that it may be administered only in a manufactured dosage form.
(B) A nurse who acts in good faith in accordance with this section is not liable for or subject to any of the following for any action or omission of an entity to which injectable or nasally administered glucagon is furnished or a prescription is issued: damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action.
Last updated May 15, 2023 at 11:35 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.50 | Administrative Rules for Prescribing Drugs and Therapeutic Devices.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) As used in this section:
(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(2) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code.
(B) In accordance with Chapter 119. of the Revised Code, the board of nursing shall adopt rules as necessary to implement the provisions of this chapter pertaining to the authority of advanced practice registered nurses who are designated as clinical nurse specialists, certified nurse-midwives, and certified nurse practitioners to prescribe and furnish drugs and therapeutic devices.
The board shall adopt rules establishing an exclusionary formulary. The exclusionary formulary shall permit, in a manner consistent with section 4723.481 of the Revised Code, the prescribing of controlled substances, including drugs that contain buprenorphine used in medication-assisted treatment and both oral and long-acting opioid antagonists. The formulary shall not permit the prescribing or furnishing of any of the following:
(1) A drug or device to perform or induce an abortion;
(2) A drug or device prohibited by federal or state law.
(C) In addition to the rules described in division (B) of this section, the board shall adopt rules under this section that do the following:
(1) Establish standards for board approval of the course of study in advanced pharmacology and related topics required by section 4723.482 of the Revised Code;
(2) Establish requirements for board approval of the two-hour course of instruction in the laws of this state as required under division (C)(1) of section 4723.482 of the Revised Code;
(3) Establish criteria for the components of the standard care arrangements described in section 4723.431 of the Revised Code that apply to the authority to prescribe, including the components that apply to the authority to prescribe schedule II controlled substances. The rules shall be consistent with that section and include all of the following:
(a) Quality assurance standards;
(b) Standards for periodic review by a collaborating physician or podiatrist of the records of patients treated by the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(c) Acceptable travel time between the location at which the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner is engaging in the prescribing components of the nurse's practice and the location of the nurse's collaborating physician or podiatrist.
Last updated March 22, 2023 at 11:48 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.51 | Standards and Procedures for Medication-Assisted Treatment; Adoption of Rules.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this section:
(1) "Controlled substance," "schedule III," "schedule IV," and "schedule V" have the same meanings as in section 3719.01 of the Revised Code.
(2) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code.
(B) The board of nursing shall adopt rules establishing standards and procedures to be followed by advanced practice registered nurses in the use of all drugs approved by the United States food and drug administration for use in medication-assisted treatment, including controlled substances in schedule III, IV, or V. The rules shall address detoxification, relapse prevention, patient assessment, individual treatment planning, counseling and recovery supports, diversion control, and other topics selected by the board after considering best practices in medication-assisted treatment.
The board may apply the rules to all circumstances in which an advanced practice registered nurse prescribes drugs for use in medication-assisted treatment or limit the application of the rules to prescriptions for medication-assisted treatment issued for patients being treated in office-based practices or other practice types or locations specified by the board.
(C) All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code. The rules shall be consistent with rules adopted under sections 4730.55 and 4731.056 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.52 | Failure to Comply With Applicable Laws and Regulations.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code.
(2) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code.
(B) An advanced practice registered nurse shall comply with section 3719.064 of the Revised Code and rules adopted under section 4723.51 of the Revised Code when treating a patient for addiction with medication-assisted treatment or proposing to initiate such treatment.
Last updated October 11, 2023 at 12:09 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.61 | Medication Aide Advisory Council Definitions.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
As used in this section and in sections 4723.64 to 4723.69 of the Revised Code:
(A) "Intermediate care facility for individuals with intellectual disabilities" and "ICF/IID" have the same meanings as in section 5124.01 of the Revised Code.
(B) "Medication" means a drug, as defined in section 4729.01 of the Revised Code.
(C) "Medication error" means a failure to follow the prescriber's instructions when administering a prescription medication.
(D) "Nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.
(E) "Prescription medication" means a medication that may be dispensed only pursuant to a prescription.
(F) "Prescriber" and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.64 | Administration of Medications by Medication Aides.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
A nursing home, residential care facility, or ICF/IID may use one or more medication aides to administer prescription medications to its residents, subject to both of the following conditions:
(A) Each individual used as a medication aide must hold a current, valid medication aide certificate issued by the board of nursing under this chapter.
(B) The nursing home, residential care facility, or ICF/IID shall ensure that the requirements of section 4723.67 of the Revised Code are met.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.65 | Application for Certification as Medication Aide.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
An individual seeking certification as a medication aide shall apply to the board of nursing on a form prescribed and provided by the board. The application shall be accompanied by the certification fee established in rules adopted under section 4723.69 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.652 | Sanctions Against Certificate Applicants or Holders.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
(A) The board of nursing, by vote of a quorum, may impose one or more of the following sanctions against any individual who applies for, or holds, a medication aide certificate: deny, revoke, suspend, or place restrictions on the certificate; reprimand or otherwise discipline the holder of a medication aide certificate; or impose a fine of not more than five hundred dollars per violation. The sanctions may be imposed for any of the reasons specified in division (A) or (B) of section 4723.28 of the Revised Code, to the extent that those reasons are applicable to medication aides or applicants as specified in rules adopted under section 4723.69 of the Revised Code.
(B) Disciplinary actions taken by the board under this section shall be taken pursuant to an adjudication conducted under Chapter 119. of the Revised Code, except that in lieu of a hearing, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by vote of a quorum, 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 agreement shall be of no effect.
(C) In taking actions under this section, the board has the same powers and duties that it has when taking actions under section 4723.28 of the Revised Code. In addition, the board may issue an order to summarily suspend or automatically suspend a medication aide certificate in the same manner that the board is authorized to take those actions under section 4723.281 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.653 | Medication Aide; Certificate Required.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
(A) No person shall engage in the administration of medication as a medication aide, represent the person as being a certified medication aide, or use the title, "medication aide," or any other title implying that the person is a certified medication aide, for a fee, salary, or other compensation, or as a volunteer, without holding a current, valid certificate as a medication aide under this chapter.
(B) No person shall employ a person not certified as a medication aide under this chapter to engage in the administration of medication as a medication aide.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.67 | Administration of Medications by Aides - Delegation by Nurse Required.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
(A) Except for the prescription medications specified in division (C) of this section and the methods of medication administration specified in division (D) of this section, a medication aide who holds a current, valid medication aide certificate issued under this chapter may administer prescription medications to the residents of nursing homes, residential care facilities, and ICFs/IID that use medication aides pursuant to section 4723.64 of the Revised Code. A medication aide shall administer prescription medications only pursuant to the delegation of a registered nurse or a licensed practical nurse acting at the direction of a registered nurse.
Delegation of medication administration to a medication aide shall be carried out in accordance with the rules for nursing delegation adopted under this chapter by the board of nursing. A nurse who has delegated to a medication aide responsibility for the administration of prescription medications to the residents of a nursing home, residential care facility, or ICF/IID shall not withdraw the delegation on an arbitrary basis or for any purpose other than patient safety.
(B) In exercising the authority to administer prescription medications pursuant to nursing delegation, a medication aide may administer prescription medications in any of the following categories:
(1) Oral medications;
(2) Topical medications;
(3) Medications administered as drops to the eye, ear, or nose;
(4) Rectal and vaginal medications;
(5) Medications prescribed with a designation authorizing or requiring administration on an as-needed basis, but only if a nursing assessment of the patient is completed before the medication is administered.
(C) A medication aide shall not administer prescription medications in either of the following categories:
(1) Medications containing a schedule II controlled substance, as defined in section 3719.01 of the Revised Code;
(2) Medications requiring dosage calculations.
(D) A medication aide shall not administer prescription medications by any of the following methods:
(1) Injection;
(2) Intravenous therapy procedures;
(3) Splitting pills for purposes of changing the dose being given.
(E) A nursing home, residential care facility, or ICF/IID that uses medication aides shall ensure that medication aides do not have access to any schedule II controlled substances within the home, facility, or ICF/IID for use by its residents.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.68 | Limitation of Liability of Delegating Nurse or Person Reporting Medication Error.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
(A) A registered nurse, or licensed practical nurse acting at the direction of a registered nurse, who delegates medication administration to a medication aide who holds a current, valid medication aide certificate issued under this chapter is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly arises from an action or omission of the medication aide in performing the medication administration, if the delegating nurse delegates the medication administration in accordance with this chapter and the rules adopted under this chapter.
(B) A person employed by a nursing home, residential care facility, or ICF/IID that uses medication aides pursuant to section 4723.64 of the Revised Code who reports in good faith a medication error at the nursing home, residential care facility, or ICF/IID is not subject to disciplinary action by the board of nursing or any other government entity regulating that person's professional practice and is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly results from reporting the medication error.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.69 | Board to Adopt Program Implementation Rules.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
(A) The board of nursing shall adopt rules to implement sections 4723.61 to 4723.68 of the Revised Code. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(B) The rules adopted under this section shall establish or specify all of the following:
(1) Fees, in an amount sufficient to cover the costs the board incurs in implementing sections 4723.61 to 4723.68 of the Revised Code, for certification as a medication aide and approval of a medication aide training program;
(2) Requirements to obtain a medication aide certificate that are not otherwise specified in section 4723.651 of the Revised Code;
(3) Procedures for renewal of medication aide certificates;
(4) The extent to which the board determines that the reasons for taking disciplinary actions under section 4723.28 of the Revised Code are applicable reasons for taking disciplinary actions under section 4723.652 of the Revised Code against an applicant for or holder of a medication aide certificate;
(5) Standards for medication aide training programs, including the examination to be administered by the training program to test an individual's ability to administer prescription medications safely;
(6) Standards for approval of continuing education programs and courses for medication aides;
(7) Reasons for denying, revoking, or suspending approval of a medication aide training program;
(8) Other standards and procedures the board considers necessary to implement sections 4723.61 to 4723.68 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.71 | Advisory Group on Dialysis.

Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
(A) There is hereby established, under the board of nursing, the advisory group on dialysis. The advisory group shall advise the board of nursing regarding the qualifications, standards for training, and competence of dialysis technicians and dialysis technician interns and all other related matters. The advisory group shall consist of the members appointed under divisions (B) and (C) of this section. A member of the board of nursing or a representative appointed by the board shall serve as chairperson of all meetings of the advisory group.
(B) The board of nursing shall appoint the following as members of the advisory group:
(1) Four dialysis technicians;
(2) A registered nurse who regularly performs dialysis and cares for patients who receive dialysis;
(3) A physician, recommended by the state medical board, who specializes in nephrology or an advanced practice registered nurse recommended by the board of nursing who specializes in nephrology;
(4) An administrator of a dialysis center;
(5) A dialysis patient;
(6) A representative of the Ohio hospital association;
(7) A representative from the end-stage renal disease network, as defined in 42 C.F.R. 405.2102.
(C) The members of the advisory group appointed under division (B) of this section may recommend additional persons to serve as members of the advisory group. The board of nursing may appoint, as appropriate, any of the additional persons recommended.
(D) The board of nursing shall specify the terms for the advisory group members. Members shall serve at the discretion of the board of nursing. Members shall receive their actual and necessary expenses incurred in the performance of their official duties.
(E) Sections 101.82 to 101.87 of the Revised Code do not apply to the advisory group.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.72 | Permitted Activities.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) A dialysis technician or dialysis technician intern may engage in dialysis care by doing the following:
(1) Performing and monitoring dialysis procedures, including initiating, monitoring, and discontinuing dialysis;
(2) Drawing blood;
(3) Administering medications as specified in division (C) of this section when the administration is essential to the dialysis process;
(4) Responding to complications that arise during dialysis.
(B)(1) Subject to divisions (B)(2) and (3) of this section, a dialysis technician or dialysis technician intern may provide the dialysis care specified in division (A) of this section only if the care has been delegated to the technician or intern by a physician, physician assistant, or registered nurse and the technician or intern is under the supervision of a physician, physician assistant, or registered nurse. Supervision requires that the dialysis technician or dialysis technician intern be in the immediate presence of a physician, physician assistant, or registered nurse.
(2) In accordance with division (E) of section 4723.73 of the Revised Code, a dialysis technician intern shall not provide dialysis care in a patient's home.
(3) In the case of dialysis care provided in a patient's home by a dialysis technician, both of the following apply:
(a) The technician shall be supervised in accordance with the rules adopted under section 4723.79 of the Revised Code for supervision of dialysis technicians who provide dialysis care in a patient's home.
(b) Division (D)(6) of section 4723.73 of the Revised Code does not allow a dialysis technician who provides dialysis care in a patient's home to provide dialysis care that is not authorized under this section.
(C) A dialysis technician or dialysis technician intern may administer only the following medications as ordered by a licensed health professional authorized to prescribe drugs as defined in section 4729.01 of the Revised Code and in accordance with the standards for the delegation of dialysis care established in division (B) of this section and in rules adopted under section 4723.79 of the Revised Code:
(1) Intradermal lidocaine or other single therapeutically equivalent local anesthetic for the purpose of initiating dialysis treatment;
(2) Intravenous heparin or other single therapeutically equivalent anticoagulant for the purpose of initiating and maintaining dialysis treatment;
(3) Intravenous normal saline;
(4) Patient-specific dialysate, to which the technician or intern may add electrolytes but no other additives or medications;
(5) Oxygen.
Last updated March 22, 2023 at 11:49 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.73 | Dialysis Technicians - Prohibited Acts.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
(A) No person who does not hold a current, valid certificate issued under section 4723.75 or renewed under section 4723.77 of the Revised Code shall do either of the following:
(1) Claim to the public to be a dialysis technician;
(2) Use the title "Ohio certified dialysis technician," the initials "OCDT," or any other title or initials to represent that the person is authorized to perform dialysis care as a dialysis technician.
(B) No person who has not successfully completed a dialysis training program approved by the board of nursing under section 4723.74 of the Revised Code within the previous eighteen months shall do either of the following:
(1) Claim to the public to be a dialysis technician intern;
(2) Use the title "dialysis technician intern," the initials "DTI," or any other title or initials to represent that the person is authorized to perform dialysis care as a dialysis technician intern.
(C) No dialysis technician or dialysis technician intern shall engage in dialysis care in a manner that is inconsistent with section 4723.72 of the Revised Code.
(D) No person other than a dialysis technician or dialysis technician intern shall engage in the dialysis care that is authorized by section 4723.72 of the Revised Code, unless the person is one or more of the following:
(1) A registered nurse or licensed practical nurse;
(2) A physician;
(3) A physician assistant;
(4) A student performing dialysis care under the supervision of an instructor as an integral part of a dialysis training program approved by the board of nursing under section 4723.74 of the Revised Code;
(5) A dialysis patient who has been trained to engage in the dialysis care with little or no professional assistance by completing a medicare-approved self-dialysis or home dialysis training program;
(6) A family member or friend of a dialysis patient who engages in self-dialysis or home dialysis, and the person engages in the dialysis care by assisting the patient in performing the self-dialysis or home dialysis, after the person providing the assistance has completed a medicare-approved self-dialysis or home dialysis training program for the particular dialysis patient being assisted.
(E) No dialysis technician intern shall do either of the following:
(1) Serve as a trainer or preceptor in a dialysis training program;
(2) Provide dialysis care in a patient's home.
(F) No person shall operate a dialysis training program, unless the program is approved by the board of nursing under section 4723.74 of the Revised Code.
Last updated March 22, 2023 at 11:49 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.751 | Examinations.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
The board of nursing shall either conduct dialysis technician certification examinations itself or, in accordance with rules adopted under section 4723.79 of the Revised Code, approve testing organizations to conduct the examinations. If it conducts the examinations, the board may use all or part of a standard examination created by a testing organization approved by the board. Regardless of who conducts it, the examination shall cover all of the subjects specified in rules adopted under section 4723.79 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.77 | Renewal of Dialysis Technician Certificate.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
A dialysis technician certificate issued under section 4723.75 of the Revised Code expires biennially and shall be renewed according to a schedule established by the board of nursing in rules adopted under section 4723.79 of the Revised Code. An application for renewal of a dialysis technician certificate shall be accompanied by the renewal fee established in rules adopted by the board under section 4723.79 of the Revised Code. A certificate may be renewed only if, during the period for which the certificate was issued, the certificate holder satisfied the continuing education requirements established by the board's rules. Of the hours of continuing education completed during the period for which the dialysis technician certificate was issued, at least one hour of the education must be directly related to the statutes and rules pertaining to the practice of nursing in this state or the practice as a dialysis technician in this state.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.79 | Administrative Rules.

Effective:
April 6, 2023
Latest Legislation:
House Bill 509 - 134th General Assembly
The board of nursing shall adopt rules to administer and enforce sections 4723.71 to 4723.79 of the Revised Code. The board shall adopt the rules in accordance with Chapter 119. of the Revised Code. The rules shall establish or specify all of the following:
(A) The application process, fee, and requirements for approval, reapproval, and withdrawing the approval of a dialysis training program under section 4723.74 of the Revised Code. The requirements shall include standards that must be satisfied regarding curriculum, length of training, and instructions in patient care.
(B) The application process, fee, and requirements for issuance of a dialysis technician certificate under section 4723.75 of the Revised Code, except that the amount of the fee shall be no greater than the fee charged under division (A)(1) of section 4723.08 of the Revised Code;
(C) The process for approval of testing organizations under section 4723.751 of the Revised Code;
(D) Subjects to be included in a certification examination pursuant to section 4723.751 of the Revised Code;
(E) The schedule, fees, and continuing education requirements for renewal of a dialysis technician certificate under section 4723.77 of the Revised Code, except that the amount of the fee for renewal shall be no greater than the fee charged under division (A)(9) of section 4723.08 of the Revised Code;
(F) Standards for approval of continuing education programs and courses for dialysis technicians;
(G) Standards for the administration of medication by dialysis technicians and dialysis technician interns under section 4723.72 of the Revised Code;
(H) Standards and procedures for the supervision of dialysis technicians who provide dialysis care in a patient's home, including monthly home visits by a registered nurse to monitor the quality of the dialysis care;
(I) Any other procedures or requirements necessary for the administration and enforcement of sections 4723.71 to 4723.79 of the Revised Code.
Last updated March 22, 2023 at 11:50 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.81 | Certification of Community Health Workers Program.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
The board of nursing shall develop and implement a program for the certification of community health workers. The board shall begin issuing community health worker certificates under section 4723.85 of the Revised Code not later than February 1, 2005.
The certification program shall reflect the board's recognition of individuals who, as community representatives, advocate for individuals and groups in the community by assisting them in accessing community health and supportive resources through the provision of such services as education, role modeling, outreach, home visits, and referrals, any of which may be targeted toward an individual, family, or entire community. The certification program also shall reflect the board's recognition of the individuals as members of the community with a unique perspective of community needs that enables them to develop culturally appropriate solutions to problems and translate the solutions into practice.
The certification program does not require an individual to obtain a community health worker certificate as a means of authorizing the individual to perform any of the activities that may be performed by an individual who holds a community health worker certificate.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.82 | Community Health Worker Certificate.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
(A) An individual who holds a current, valid community health worker certificate issued by the board of nursing under section 4723.85 of the Revised Code may use the title "certified community health worker" or "community health worker." When providing services within the community, the certificate holder may represent to the public that the individual is providing the services under either title.
(B)(1) Holding a community health worker certificate does not authorize an individual to administer medications or perform any other activity that requires judgment based on nursing knowledge or expertise. Any activities performed by a certified community health worker that are related to nursing care shall be performed only pursuant to the delegation of a registered nurse acting in accordance with the rules for delegation adopted under this chapter. Any other health-related activities performed by a certified community health worker shall be performed only under the supervision of a health professional acting within the scope of the professional's practice.
Only a registered nurse may supervise a certified community health worker when performing delegated activities related to nursing care. The registered nurse supervising a certified community health worker shall provide the supervision in accordance with the rules for delegation adopted under this chapter and the rules for supervision of community health workers adopted under section 4723.88 of the Revised Code, including the rules limiting the number of certified community health workers who may be supervised at any one time.
(2) A registered nurse who delegates activities to a certified community health worker or supervises a certified community health worker in the performance of delegated activities is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly arises from an action or omission of the certified community health worker in performing the activities, if the registered nurse delegates the activities or provides the supervision in accordance with this chapter and the rules adopted under this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.83 | Application for Certificate.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
An individual seeking a community health worker certificate shall submit an application to the board of nursing on forms the board shall prescribe and furnish. The applicant shall include all information the board requires to process the application. The application shall be accompanied by the fee established in rules adopted under section 4723.88 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4723 | Nurses › Section 4723.84 | Eligibility for Certificate.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) To be eligible to receive a community health worker certificate, an applicant shall meet all of the following conditions:
(1) Be eighteen years of age or older;
(2) Possess a high school diploma or the equivalent of a high school diploma, as determined by the board;
(3) Except as provided in division (B) of this section, successfully complete a community health worker training program approved by the board under section 4723.87 of the Revised Code;
(4) Not be ineligible for certification in accordance with section 4723.092 of the Revised Code;
(5) Not have committed any act that is grounds for disciplinary action under section 3123.47 of the Revised Code or rules adopted under division (F) of section 4723.88 of the Revised Code or, if such an act has been committed, be determined by the board to have made restitution, been rehabilitated, or both;
(6) Meet all other requirements the board specifies in rules adopted under section 4723.88 of the Revised Code.
(B) In lieu of meeting the condition of completing a community health worker training program, an applicant may be issued a community health worker certificate if the individual was employed in a capacity substantially the same as a community health worker prior to February 1, 2005. To be eligible under this division, an applicant must meet the requirements specified in rules adopted by the board under section 4723.88 of the Revised Code and provide documentation from the employer attesting to the employer's belief that the applicant is competent to perform activities as a certified community health worker.
Last updated October 9, 2021 at 5:05 AM