reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4759 | Dietetics › Section 4759.13 | Reporting Impairment; Liability.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
A dietitian, professional association or society of dietitians, physician, or professional association or society of physicians that believes a violation of division (A)(14) or (18) of section 4759.07 of the Revised Code has occurred shall report the information upon which the belief is based to the monitoring organization conducting the confidential monitoring program established under section 4731.25 of the Revised Code. If any such report is made to the state medical board, it shall be referred to the monitoring organization unless the board is aware that the individual who is the subject of the report does not meet the program eligibility requirements of section 4731.252 of the Revised Code.
An individual or entity that reports to the board, reports to the monitoring organization described in section 4731.25 of the Revised Code, or refers an impaired dietitian to a treatment provider approved under section 4731.251 of the Revised Code shall not be subject to suit for civil damages as a result of the report, referral, or provision of the information.
In the absence of fraud or bad faith, a professional association or society of dietitians that sponsors a committee or program to provide peer assistance to a dietitian with substance abuse problems, a representative or agent of such a committee or program, a representative or agent of the monitoring organization described in section 4731.25 of the Revised Code, and a member of the state medical board shall not be held liable in damages to any person by reason of actions taken to refer a dietitian to a treatment provider approved under section 4731.251 of the Revised Code for examination or treatment.
Last updated September 5, 2023 at 1:59 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4759 | Dietetics › Section 4759.20 | Telehealth Services.

Effective:
March 23, 2022
Latest Legislation:
House Bill 122 - 134th General Assembly
A dietitian may provide telehealth services in accordance with section 4743.09 of the Revised Code.
Last updated January 27, 2022 at 3:36 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4759 | Dietetics › Section 4759.99 | Penalty.

Effective:
July 1, 1987
Latest Legislation:
House Bill 570 - 116th General Assembly
Whoever violates section 4759.02 of the Revised Code is guilty of a minor misdemeanor. If the offender has been previously convicted once of a violation of the section, then the violation is a misdemeanor of the fourth degree. If the offender has been previously convicted more than once of a violation of the section, then the violation is a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.01 | Anesthesiologist Assistant Definitions.

Effective:
February 8, 2018
Latest Legislation:
House Bill 145 - 132nd General Assembly
As used in this chapter:
(A) "Ambulatory surgical facility" has the same meaning as in section 3702.30 of the Revised Code.
(B) "Anesthesiologist assistant" means an individual who assists an anesthesiologist in developing and implementing anesthesia care plans for patients.
(C) "Anesthesiologist" means a physician who has successfully completed an approved anesthesiology training program, as specified in the accreditation requirements that must be met to qualify as graduate medical education, as defined in section 4731.04 of the Revised Code.
(D) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.
(E) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.02 | License Required to Practice.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Except as provided in division (B) of this section, no person shall practice as an anesthesiologist assistant unless the person holds a current, valid license issued under this chapter to practice as an anesthesiologist assistant.
(B) Division (A) of this section does not apply to either of the following:
(1) A person participating in a training program leading toward certification by the national commission for certification of anesthesiologist assistants, as long as the person is supervised by an anesthesiologist, an individual participating in a hospital residency program in preparation to practice as an anesthesiologist, or an anesthesiologist assistant who holds a current, valid license issued under this chapter;
(2) Any person who otherwise holds professional authority granted pursuant to the Revised Code to perform any of the activities that an anesthesiologist assistant is authorized to perform.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.03 | Filing Application for License.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) Except as provided in division (D) of this section, an individual seeking a license to practice as an anesthesiologist assistant shall file with the state medical board a written application on a form prescribed and supplied by the board. The application shall include all of the following information:
(1) Evidence satisfactory to the board that the applicant is at least twenty-one years of age;
(2) Evidence satisfactory to the board that the applicant has successfully completed the training necessary to prepare individuals to practice as anesthesiologist assistants, as specified in section 4760.031 of the Revised Code;
(3) Evidence satisfactory to the board that the applicant holds current certification from the national commission for certification of anesthesiologist assistants and that the requirements for receiving the certification included passage of an examination to determine the individual's competence to practice as an anesthesiologist assistant;
(4) Any other information the board considers necessary to process the application and evaluate the applicant's qualifications.
(B)(1) At the time of making application for a license under division (A) of this section, an applicant shall pay the board a fee of one hundred dollars, no part of which shall be returned.
(2) An applicant seeking a license under division (D) of this section shall pay the fee required under Chapter 4796. of the Revised Code.
(C) The board shall review all applications received under this section. Not later than sixty days after receiving a complete application, the board shall determine whether an applicant meets the requirements to receive a license. Except as provided in division (D) of this section, the board shall not issue a license to an applicant unless the applicant is certified by the national commission for certification of anesthesiologist assistants or a successor organization that is recognized by the board.
(D) The board shall issue a license to practice as an anesthesiologist assistant in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an anesthesiologist assistant in a state that does not issue that license.
Last updated December 29, 2023 at 5:50 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.032 | License Applicant to Comply With Rc Chapter 4776.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
In addition to any other eligibility requirement set forth in this chapter, each applicant for a license to practice as an anesthesiologist assistant shall comply with sections 4776.01 to 4776.04 of the Revised Code.
Last updated October 9, 2021 at 4:56 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.04 | Registration and Issuance of License.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
If the state medical board determines under section 4760.03 of the Revised Code that an applicant meets the requirements for a license to practice as an anesthesiologist assistant, the secretary of the board shall register the applicant as an anesthesiologist assistant and issue to the applicant a license to practice as an anesthesiologist assistant. The license shall be valid for a two-year period unless revoked or suspended, shall expire on the date that is two years after the date of issuance, and may be renewed for additional two-year periods in accordance with section 4760.06 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.05 | Issuing Duplicate License.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
On application by the holder of a license to practice as an anesthesiologist assistant, the state medical board shall issue a duplicate license to replace one that is missing or damaged, to reflect a name change, or for any other reasonable cause. The fee for a duplicate license is thirty-five dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.06 | Renewal - Suspension - Reinstatement.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) A person seeking to renew a license to practice as an anesthesiologist assistant shall, on or before the license's expiration date, apply to the state medical board for renewal of the license. The board shall provide renewal notices to license holders at least one month prior to the expiration date.
Applications shall be submitted to the board in a manner prescribed by the board. Each application shall be accompanied by a biennial renewal fee of one hundred dollars.
The applicant shall report any criminal offense that constitutes grounds for refusing to issue a license to practice under section 4760.13 of the Revised Code to which the applicant has pleaded guilty, of which the applicant has been found guilty, or for which the applicant has been found eligible for intervention in lieu of conviction, since last signing an application for a license to practice as an anesthesiologist assistant.
(B) To be eligible for renewal, an anesthesiologist assistant must certify to the board that the assistant has maintained certification by the national commission for the certification of anesthesiologist assistants.
(C) If an applicant submits a complete renewal application and qualifies for renewal pursuant to division (B) of this section, the board shall renew the license to practice as an anesthesiologist assistant.
(D) A license to practice that is not renewed on or before its expiration date is automatically suspended on its expiration date.
If a license has been suspended pursuant to this division for two years or less, the board shall reinstate the license upon an applicant's submission of a renewal application, the biennial renewal fee, and the applicable monetary penalty. The penalty for reinstatement is twenty-five dollars.
If a license has been suspended pursuant to this division for more than two years, it may be restored. Subject to section 4760.061 of the Revised Code, the board may restore the license upon an applicant's submission of a restoration application, the biennial renewal fee, and the applicable monetary penalty and compliance with sections 4776.01 to 4776.04 of the Revised Code. The board shall not restore a license unless the board, in its discretion, decides that the results of the criminal records check do not make the applicant ineligible for a certificate issued pursuant to section 4760.04 of the Revised Code. The penalty for restoration is fifty dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.061 | Prerequisites to Resumption of Practice.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) This section applies to all of the following:
(1) An applicant seeking restoration of a license issued under this chapter that has been in a suspended or inactive state for any cause for more than two years;
(2) An applicant seeking issuance of a license pursuant to this chapter who for more than two years has not been practicing as an anesthesiologist assistant as either of the following:
(a) An active practitioner;
(b) A participant in a training program as described in section 4760.031 of the Revised Code.
(3) An applicant seeking to reactivate a license placed on retired status.
(B) Before issuing a license to an applicant subject to this section, or before restoring a license to good standing or reactivating a license placed on retired status for an applicant subject to this section, the state medical board may impose terms and conditions including any one or more of the following:
(1) Requiring the applicant to pass an oral or written examination, or both, to determine the applicant's present fitness to resume practice;
(2) Requiring the applicant to obtain additional training and to pass an examination upon completion of such training;
(3) Requiring an assessment of the applicant's physical skills for purposes of determining whether the applicant's coordination, fine motor skills, and dexterity are sufficient for performing evaluations and procedures in a manner that meets the minimal standards of care;
(4) Requiring an assessment of the applicant's skills in recognizing and understanding diseases and conditions;
(5) Requiring the applicant to undergo a comprehensive physical examination, which may include an assessment of physical abilities, evaluation of sensory capabilities, or screening for the presence of neurological disorders;
(6) Restricting or limiting the extent, scope, or type of practice of the applicant.
The board shall consider the moral background and the activities of the applicant during the period of suspension, inactivity, or retirement. The board shall not issue, restore, or reactivate a license under this section unless the applicant complies with sections 4776.01 to 4776.04 of the Revised Code.
Last updated August 18, 2023 at 10:17 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.08 | Supervising Anesthesiologist to Adopt Written Practice Protocol.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
An anesthesiologist assistant shall practice only under the direct supervision and in the immediate presence of a physician who is actively and directly engaged in the clinical practice of medicine as an anesthesiologist. An anesthesiologist assistant shall not practice in any location other than a hospital or ambulatory surgical facility. At all times when an anesthesiologist assistant is providing direct patient care, the anesthesiologist assistant shall display in an appropriate manner the title "anesthesiologist assistant" as a means of identifying the individual's authority to practice under this chapter.
Each anesthesiologist who agrees to act as the supervising anesthesiologist of an anesthesiologist assistant shall adopt a written practice protocol that is consistent with section 4760.09 of the Revised Code and delineates the services that the anesthesiologist assistant is authorized to provide and the manner in which the anesthesiologist will supervise the anesthesiologist assistant. The anesthesiologist shall base the provisions of the protocol on consideration of relevant quality assurance standards, including regular review by the anesthesiologist of the medical records of the patients of the anesthesiologist assistant.
The supervising anesthesiologist shall supervise the anesthesiologist assistant in accordance with the terms of the protocol under which the assistant practices and the rules for supervision of anesthesiologist assistants adopted by the state medical board under this chapter and Chapter 4731. of the Revised Code. The board's rules shall include requirements for enhanced supervision of an anesthesiologist assistant during the first four years of practice.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.09 | Developing and Implementing Anesthesia Care Plan for Patient.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
If the practice and supervision requirements of section 4760.08 of the Revised Code are being met, an anesthesiologist assistant may assist the supervising anesthesiologist in developing and implementing an anesthesia care plan for a patient. In providing assistance to the supervising anesthesiologist, an anesthesiologist assistant may do any of the following:
(A) Obtain a comprehensive patient history and present the history to the supervising anesthesiologist;
(B) Pretest and calibrate anesthesia delivery systems and monitor and obtain and interpret information from the systems and monitors;
(C) Assist the supervising anesthesiologist with the implementation of medically accepted monitoring techniques;
(D) Establish basic and advanced airway interventions, including intubation of the trachea and performing ventilatory support;
(E) Administer intermittent vasoactive drugs and start and adjust vasoactive infusions;
(F) Administer anesthetic drugs, adjuvant drugs, and accessory drugs;
(G) Assist the supervising anesthesiologist with the performance of epidural anesthetic procedures and spinal anesthetic procedures;
(H) Administer blood, blood products, and supportive fluids.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.10 | Activities Authorized by Supervising Anesthesiologist.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
In addition to the activities that an anesthesiologist assistant may engage in pursuant to section 4760.09 of the Revised Code, the supervising anesthesiologist of an anesthesiologist assistant may authorize an anesthesiologist assistant to do the following:
(A) Participate in administrative activities and clinical teaching activities;
(B) Participate in research activities by performing the same procedures that may be performed pursuant to section 4760.09 of the Revised Code;
(C) Provide assistance to a cardiopulmonary resuscitation team in response to a life-threatening situation.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.131 | Effect of Child Support Default on License.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the state medical board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license to practice as an anesthesiologist assistant issued pursuant to this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.132 | Allegation of Mental Incompetence or Illness.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
If the state medical board has reason to believe that any person who has been granted a license to practice as an anesthesiologist assistant under this chapter is mentally ill or mentally incompetent, it may file in the probate court of the county in which the person has a legal residence an affidavit in the form prescribed in section 5122.11 of the Revised Code and signed by the board secretary or a member of the board secretary's staff, whereupon the same proceedings shall be had as provided in Chapter 5122. of the Revised Code. The attorney general may represent the board in any proceeding commenced under this section.
If any person who has been granted a license to practice is adjudged by a probate court to be mentally ill or mentally incompetent, the person's license shall be automatically suspended until the person has filed with the state medical board a certified copy of an adjudication by a probate court of the person's subsequent restoration to competency or has submitted to the board proof, satisfactory to the board, that the person has been discharged as having a restoration to competency in the manner and form provided in section 5122.38 of the Revised Code. The judge of the probate court shall forthwith notify the state medical board of an adjudication of mental illness or mental incompetence, and shall note any suspension of a license in the margin of the court's record of such license.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.133 | Violations by Anesthesiologist Assistants; Civil Penalties.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A)(1) If an anesthesiologist assistant violates any section of this chapter or any rule adopted under this chapter, the state medical board may, pursuant to an adjudication under Chapter 119. of the Revised Code and an affirmative vote of not fewer than six of its members, impose a civil penalty. The amount of the civil penalty shall be determined by the board in accordance with the guidelines adopted under division (A)(2) of this section. The civil penalty may be in addition to any other action the board may take under section 4760.13 of the Revised Code.
(2) The board shall adopt and may amend guidelines regarding the amounts of civil penalties to be imposed under this section. Adoption or amendment of the guidelines requires the approval of not fewer than six board members.
Under the guidelines, no civil penalty amount shall exceed twenty thousand dollars.
(B) Amounts received from payment of civil penalties imposed under this section shall be deposited by the board in accordance with section 4731.24 of the Revised Code. Amounts received from payment of civil penalties imposed for violations of division (B)(6) of section 4760.13 of the Revised Code shall be used by the board solely for investigations, enforcement, and compliance monitoring.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.15 | Report by Prosecutor of Convictions and Other Dispositions.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(B) Whenever any person holding a valid license issued pursuant to this chapter pleads guilty to, is subject to a judicial finding of guilt of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction for a violation of Chapter 2907., 2925., or 3719. of the Revised Code or of any substantively comparable ordinance of a municipal corporation in connection with the person's practice, the prosecutor in the case, on forms prescribed and provided by the state medical board, shall promptly notify the board of the conviction. Within thirty days of receipt of that information, the board shall initiate action in accordance with Chapter 119. of the Revised Code to determine whether to suspend or revoke the license under section 4760.13 of the Revised Code.
(C) The prosecutor in any case against any person holding a valid license to practice issued pursuant to this chapter, on forms prescribed and provided by the state medical board, shall notify the board of any of the following:
(1) A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for a felony, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a felony charge;
(2) A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for a misdemeanor committed in the course of practice, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor, if the alleged act was committed in the course of practice;
(3) A plea of guilty to, a finding of guilt by a jury or court of, or judicial finding of eligibility for intervention in lieu of conviction for a misdemeanor involving moral turpitude, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor involving moral turpitude.
The report shall include the name and address of the license holder, the nature of the offense for which the action was taken, and the certified court documents recording the action.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.17 | Enforcement by Secretary.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
The secretary of the state medical board shall enforce the laws relating to the practice of anesthesiologist assistants. If the secretary has knowledge or notice of a violation of this chapter or the rules adopted under it, the secretary shall investigate the matter, and, upon probable cause appearing, file a complaint and prosecute the offender. When requested by the secretary, the prosecuting attorney of the proper county shall take charge of and conduct the prosecution.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.18 | Injunctions.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The attorney general, the prosecuting attorney of any county in which the offense was committed or the offender resides, the state medical board, or any other person having knowledge of a person engaged either directly or by complicity in practicing as an anesthesiologist assistant without having first obtained a license to practice issued under this chapter, may, in accordance with provisions of the Revised Code governing injunctions, maintain an action in the name of the state to enjoin any person from engaging either directly or by complicity in unlawfully practicing as an anesthesiologist assistant by applying for an injunction in any court of competent jurisdiction.
Prior to application for an injunction, the secretary of the state medical board shall notify the person allegedly engaged either directly or by complicity in the unlawful practice by registered mail that the secretary has received information indicating that this person is so engaged. The person shall answer the secretary within thirty days showing that the person is either properly licensed for the stated activity or that the person is not in violation of this chapter. If the answer is not forthcoming within thirty days after notice by the secretary, the secretary shall request that the attorney general, the prosecuting attorney of the county in which the offense was committed or the offender resides, or the state medical board proceed as authorized in this section.
Upon the filing of a verified petition in court, the court shall conduct a hearing on the petition and shall give the same preference to this proceeding as is given all proceedings under Chapter 119. of the Revised Code, irrespective of the position of the proceeding on the calendar of the court.
Injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.19 | Administrative Rules.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
The state medical board may adopt any rules necessary to govern the practice of anesthesiologist assistants, the supervisory relationship between anesthesiologist assistants and supervising anesthesiologists, and the administration and enforcement of this chapter. Rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.20 | Fees in Excess of Statutory Amounts.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
The state medical board, subject to the approval of the controlling board, may establish fees in excess of the amounts specified in this chapter, except that the fees may not exceed the specified amounts by more than fifty per cent.
All fees, penalties, and other funds received by the board under this chapter shall be deposited in accordance with section 4731.24 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.21 | State Medical Board - Immunity.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
In the absence of fraud or bad faith, the state medical board, a current or former board member, an agent of the board, a person formally requested by the board to be the board's representative, or an employee of the board 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 any such person 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 person's official duties, and if the request is made in writing at a reasonable time before trial and the person requesting defense cooperates in good faith in the defense of the claim or action, the state shall provide and pay for the person'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 4760 | Anesthesiologist Assistants › Section 4760.22 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The state medical board shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4760 | Anesthesiologist Assistants › Section 4760.99 | Penalty.

Effective:
May 31, 2000
Latest Legislation:
Senate Bill 278 - 123rd General Assembly
(A) Whoever violates section 4760.02 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense; on each subsequent offense, the person is guilty of a felony of the fourth degree.
(B) Whoever violates division (A), (B), (C), or (D) of section 4760.16 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense the person is guilty of a misdemeanor of the fourth degree, except that an individual guilty of a subsequent offense shall not be subject to imprisonment, but to a fine alone of up to one thousand dollars for each offense.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.01 | Respiratory Care Definitions.

Effective:
February 8, 2018
Latest Legislation:
House Bill 145 - 132nd General Assembly
As used in this chapter:
(A) "Respiratory care" means rendering or offering to render to individuals, groups, organizations, or the public any service involving the evaluation of cardiopulmonary function, the treatment of cardiopulmonary impairment, the assessment of treatment effectiveness, and the care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. The practice of respiratory care includes:
(1) Obtaining, analyzing, testing, measuring, and monitoring blood and gas samples in the determination of cardiopulmonary parameters and related physiologic data, including flows, pressures, and volumes, and the use of equipment employed for this purpose;
(2) Administering, monitoring, recording the results of, and instructing in the use of medical gases, aerosols, and bronchopulmonary hygiene techniques, including drainage, aspiration, and sampling, and applying, maintaining, and instructing in the use of artificial airways, ventilators, and other life support equipment employed in the treatment of cardiopulmonary impairment and provided in collaboration with other licensed health care professionals responsible for providing care;
(3) Performing cardiopulmonary resuscitation and respiratory rehabilitation techniques;
(4) Administering medications for the testing or treatment of cardiopulmonary impairment.
(B) "Respiratory care professional" means a person who is licensed under this chapter to practice the full range of services described in division (A) of this section.
(C) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(D) "Registered nurse" means an individual licensed under Chapter 4723. of the Revised Code to engage in the practice of nursing as a registered nurse.
(E) "Hospital" means a facility that meets the operating standards of section 3727.02 of the Revised Code.
(F) "Nursing facility" has the same meaning as in section 5165.01 of the Revised Code.
(G) "Advanced practice registered nurse" has the same meaning as in section 4723.01 of the Revised Code.
(H) "Physician assistant" means an individual who holds a valid license to practice as a physician assistant issued under Chapter 4730. of the Revised Code.
Last updated August 24, 2021 at 2:58 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.011 | References to Board or Executive Director.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
Whenever the term "Ohio respiratory care board" is used in any statute, rule, contract, or other document, the use shall be construed to mean the "state medical board," with respect to implementing Chapter 4761. of the Revised Code.
Whenever the executive director of the Ohio respiratory care board is used in any statute, rule, contract, or other document, the use shall be construed to mean the executive director of the state medical board, with respect to implementing Chapter 4761. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.012 | Enforcement of Laws.

Effective:
February 8, 2018
Latest Legislation:
House Bill 145 - 132nd General Assembly
The secretary of the state medical board shall enforce the laws relating to the practice of respiratory care. If the secretary has knowledge or notice of a violation of this chapter or the rules adopted under it, the secretary shall investigate the matter, and, upon probable cause appearing, file a complaint and prosecute the offender. When requested by the secretary, the prosecuting attorney of the proper county shall take charge of and conduct the prosecution.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.04 | Qualifications for License.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) Except as provided in division (B) or (C) of this section, no person is eligible for licensure as a respiratory care professional unless the person has shown, to the satisfaction of the state medical board, all of the following:
(1) That the person has successfully completed the requirements of an educational program approved by the board that includes instruction in the biological and physical sciences, pharmacology, respiratory care theory, procedures, and clinical practice, and cardiopulmonary rehabilitation techniques;
(2) That the person has passed an examination approved under rules adopted by the board that tests the applicant's knowledge of the basic and clinical sciences relating to respiratory care theory and practice, professional skills and judgment in the utilization of respiratory care techniques, and such other subjects as the board considers useful in determining fitness to practice.
(B) Any person licensed to practice respiratory care by the former Ohio respiratory care board before January 21, 2018, may continue to practice respiratory care in this state under that license if the person continues to meet the requirements to renew a license under this chapter and renews the license through the state medical board.
The state medical board may take any of the following actions, as provided in section 4761.09 of the Revised Code, against the holder of a license to practice respiratory care issued before January 21, 2018, by the former Ohio respiratory care board:
(1) Limit, revoke, or suspend the holder's license;
(2) Refuse to renew or reinstate the holder's license;
(3) Reprimand the holder or place the holder on probation.
(C) The board shall issue a license to act as a respiratory care professional in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following apply:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a respiratory care professional in a state that does not issue that license.
Last updated December 29, 2023 at 5:49 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.051 | License Applicant to Comply With Rc Chapter 4776.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) As used in this section, "license" and "applicant for an initial license" have the same meanings as in section 4776.01 of the Revised Code, except that "license" as used in both of those terms refers to the types of authorizations otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set forth in this chapter, each applicant for an initial license shall comply with sections 4776.01 to 4776.04 of the Revised Code. The state medical board shall not grant a license to an applicant for an initial license unless the applicant complies with sections 4776.01 to 4776.04 of the Revised Code.
Last updated October 9, 2021 at 4:56 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.061 | Prerequisites to Resumption of Practice.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) This section applies to all of the following:
(1) An applicant seeking restoration of a license issued under this chapter that has been in a suspended or inactive state for any cause for more than two years;
(2) An applicant seeking issuance of a license pursuant to this chapter who for more than two years has not been engaged in the practice of respiratory care as either of the following:
(a) An active practitioner;
(b) A student in an educational program as described in section 4761.04 of the Revised Code.
(3) An applicant seeking to reactivate a license placed on retired status.
(B) Before issuing a license to an applicant subject to this section, or before restoring a license to good standing or reactivating a license placed on retired status for an applicant subject to this section, the state medical board may impose terms and conditions including any one or more of the following:
(1) Requiring the applicant to pass an oral or written examination, or both, to determine the applicant's present fitness to resume practice;
(2) Requiring the applicant to obtain additional training and to pass an examination upon completion of such training;
(3) Requiring an assessment of the applicant's physical skills for purposes of determining whether the applicant's coordination, fine motor skills, and dexterity are sufficient for performing evaluations and procedures in a manner that meets the minimal standards of care;
(4) Requiring an assessment of the applicant's skills in recognizing and understanding diseases and conditions;
(5) Requiring the applicant to undergo a comprehensive physical examination, which may include an assessment of physical abilities, evaluation of sensory capabilities, or screening for the presence of neurological disorders;
(6) Restricting or limiting the extent, scope, or type of practice of the applicant.
The board shall consider the moral background and the activities of the applicant during the period of suspension, inactivity, or retirement. The board shall not issue, restore, or reactivate a license under this section unless the applicant complies with sections 4776.01 to 4776.04 of the Revised Code.
Last updated August 18, 2023 at 10:20 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.07 | Fees.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) The state medical board shall charge any license applicant or holder who is to take an examination required under division (A)(2) of section 4761.04 or a reexamination required under division (B) of section 4761.06 of the Revised Code for license renewal or under section 4761.09 of the Revised Code for license reinstatement, a nonrefundable examination fee, not to exceed the amount necessary to cover the expense of administering the examination. The license applicant or holder shall pay the fee at the time of application for licensure or renewal.
(B) The board shall establish the following additional nonrefundable fees and penalty:
(1) An initial license fee of seventy-five dollars;
(2) A biennial license renewal fee of seventy-five dollars;
(3) A limited permit fee of twenty dollars;
(4) A limited permit renewal fee of ten dollars;
(5) A duplicate license or limited permit fee of thirty-five dollars;
(6) In the case of a person holding a license issued under this chapter, a license verification fee of fifty dollars.
(C) Notwithstanding division (B)(4) of this section, after the third renewal of a limited permit that meets the exception in division (B)(3) of section 4761.05 of the Revised Code, the limited permit renewal fee shall be thirty-five dollars.
(D) All fees received by the board shall be deposited into the state treasury to the credit of the state medical board operating fund pursuant to section 4731.24 of the Revised Code.
Last updated October 9, 2021 at 4:55 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.091 | Violations; Penalties.

Effective:
February 8, 2018
Latest Legislation:
House Bill 145 - 132nd General Assembly
(A)(1) If the holder of a license or limited permit issued under this chapter violates any section of this chapter, other than continuing education requirements set forth in section 4761.06 of the Revised Code, or violates any rule adopted under this chapter, the state medical board may, pursuant to an adjudication under Chapter 119. of the Revised Code and an affirmative vote of not fewer than six of its members, impose a civil penalty. The amount of the civil penalty shall be determined by the board in accordance with the guidelines adopted under division (A)(2) of this section. The civil penalty may be in addition to any other action the board may take under section 4761.09 of the Revised Code.
(2) The board shall adopt and may amend guidelines regarding the amounts of civil penalties to be imposed under this section. Adoption or amendment of the guidelines requires the approval of not fewer than six board members. Under the guidelines, no civil penalty amount shall exceed twenty thousand dollars.
(B) Amounts received from payment of civil penalties imposed under this section shall be deposited by the board in accordance with section 4731.24 of the Revised Code. Amounts received from payment of civil penalties imposed for violations of division (A)(18) of section 4761.09 of the Revised Code shall be used by the board solely for investigations, enforcement, and compliance monitoring.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.12 | Effect of Child Support Default on License or Permit.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the state medical board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license or permit issued pursuant to this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.13 | Prosecutor Duty to Notify Board of Convictions.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(B) The prosecutor in any case against any respiratory care professional or an individual holding a limited permit issued under this chapter shall promptly notify the state medical board of any of the following:
(1) A plea of guilty to, or a finding of guilt by a jury or court of, a felony, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a felony charge;
(2) A plea of guilty to, or a finding of guilt by a jury or court of, a misdemeanor committed in the course of practice, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor, if the alleged act was committed in the course of practice;
(3) A plea of guilty to, or a finding of guilt by a jury or court of, a misdemeanor involving moral turpitude, or a case in which the trial court issues an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor involving moral turpitude.
(C) The report shall include the name and address of the respiratory care professional or person holding a limited permit, the nature of the offense for which the action was taken, and the certified court documents recording the action. The board may prescribe and provide forms for prosecutors to make reports under this section. The form may be the same as the form required to be provided under section 2929.42 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4761 | Respiratory Care › Section 4761.14 | Report of Misconduct.

Effective:
February 8, 2018
Latest Legislation:
House Bill 145 - 132nd General Assembly
An employer that disciplines or terminates the employment of a respiratory care professional or individual holding a limited permit issued under this chapter because of conduct that would be grounds for disciplinary action under section 4761.09 of the Revised Code shall, not later than sixty days after the discipline or termination, report the action to the state medical board. The report shall state the name of the respiratory care professional or individual holding the limited permit and the reason the employer took the action. If an employer fails to report to the board, the board may seek an order from the Franklin county court of common pleas, or any other court of competent jurisdiction, compelling submission of the report.