Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-27 - Medication Administration by Certified Medication Aide › Section 4723-27-09 - Disciplinary actions against certified medication aides; investigations

Current through all regulations passed and filed through July 1, 2024
(A) The board, by a
			 vote of a quorum, may impose a fine of not more than five hundred dollars per
			 violation; or deny a certificate, revoke, suspend or place restrictions on a
			 certificate, reprimand or otherwise discipline an applicant or certificate
			 holder found by the board to have committed fraud in passing an examination
			 required to obtain the certificate or to have committed fraud,
			 misrepresentation, or deception in applying for or securing a medication aide
			 certificate issued by the board.
(B) The board, by a vote of a quorum, may
			 impose one or more of the following sanctions: deny, revoke, suspend, or place
			 restrictions on any medication aide certificate issued by the board; reprimand
			 or otherwise discipline a 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 following:
(1) Denial,
			 revocation, suspension, or restriction of authority to engage in a licensed
			 profession or practice a health care occupation, in Ohio or another state or
			 jurisdiction, including but not limited to nursing, practice as a dialysis
			 technician, nurse aide, community health care worker or medication aide, for
			 any reason other than a failure to renew;
(2) Administering medications as a certified
			 medication aide, having failed to renew a medication aide certificate issued
			 under this chapter, or while a medication aide certificate is under suspension
			 or inactive;
(3) Conviction of, a
			 plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt
			 resulting from a plea of no contest to, or a judicial finding of eligibility
			 for a pretrial diversion or similar program or for intervention in lieu of
			 conviction for, of a misdemeanor committed in the course of practice;
(4) Conviction of, a plea of guilty to, a
			 judicial finding of guilt of, a judicial finding of guilt resulting from a plea
			 of no contest to, or a judicial finding of eligibility for a pretrial diversion
			 or similar program or for intervention in lieu of conviction for, any felony or
			 of any crime involving gross immorality or moral turpitude;
(5) Selling, giving away, or administering
			 drugs or therapeutic devices for other than legal and legitimate therapeutic
			 purposes; or conviction of, a plea of guilty to, a judicial finding of guilt
			 of, a judicial finding of guilt resulting from a plea of no contest to, or a
			 judicial finding of eligibility for a pretrial diversion or similar program or
			 for intervention in lieu of conviction for, violating any municipal, state,
			 county, or federal drug law;
(6)
			 Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial
			 finding of guilt resulting from a plea of no contest to, or a judicial finding
			 of eligibility for a pretrial diversion or similar program or for intervention
			 in lieu of conviction for, an act in another jurisdiction that would constitute
			 a felony or a crime of moral turpitude in Ohio;
(7) Conviction of, a plea of guilty to, a
			 judicial finding of guilt of, a judicial finding of guilt resulting from a plea
			 of no contest to, or a judicial finding of eligibility for a pretrial diversion
			 or similar program or for intervention in lieu of conviction for, an act in the
			 course of practice in another jurisdiction that would constitute a misdemeanor
			 in Ohio;
(8) Self-administering or
			 otherwise taking into the body any dangerous drug, as defined in section
			 4729.01 of the Revised Code, in
			 any way not in accordance with a legal, valid prescription issued for that
			 individual, or self-administering or otherwise taking into the body any drug
			 that is a schedule I controlled substance;
(9) Habitual or excessive use of controlled
			 substances, other habit-forming drugs, or alcohol or other chemical substances
			 to an extent that impairs the individual's ability to comply with standards of
			 safe medication administration established in rule
			 4723-27-02
			 of the Administrative Code;
(10)
			 Impairment of the ability to comply with standards of safe medication
			 administration established in rule
			 4723-27-02
			 of the Administrative Code because of the use of drugs, alcohol, or other
			 chemical substances;
(11)
			 Impairment of the ability to comply with standards of safe medication
			 administration established in rule
			 4723-27-02
			 of the Administrative Code because of a physical or mental
			 disability;
(12) Assaulting or
			 causing harm to a resident or depriving a resident of the means to summon
			 assistance;
(13) Misappropriation
			 or attempted misappropriation of money or anything of value in the course of
			 practice;
(14) Adjudication by a
			 probate court of being mentally ill or mentally incompetent.
The board may restore the person's medication aide certificate
				upon adjudication by a probate court of the person's restoration to competency
				or upon submission to the board of other proof of competency;
(15) The suspension or termination of
			 employment by the department of defense or the veterans administration of the
			 United States for any act that violates or would violate this
			 chapter;
(16) Violation of Chapter
			 4723. of the Revised Code or any rules adopted under it;
(17) Violation of any restrictions placed on
			 a medication aide certificate by the board;
(18) Failure to use universal and standard
			 precautions including those set forth in Chapter 4723-20 of the Administrative
			 Code;
(19) Engaging in activities
			 that exceed those permitted under sections
			 4723.61 to
			 4723.69 of the Revised Code or
			 this chapter;
(20) Failure by a
			 certified medication aide to conform to the standards of safe medication
			 administration established in rule
			 4723-27-02
			 of the Administrative Code.
(21)
			 Aiding and abetting a person in that person's practice of nursing without a
			 license, or practice as a dialysis technician or certified medication aide
			 without a certificate issued under this chapter;
(22) Regardless of whether the contact or
			 verbal behavior is consensual, engaging with a resident other than the spouse
			 of the certified medication aide in any of the following:
(a) Sexual contact, as defined in section
			 2907.01 of the Revised
			 Code;
(b) Verbal behavior that is
			 sexually demeaning to the resident or may be reasonably interpreted by the
			 resident as sexually demeaning.
(23) Assisting suicide as defined in section
			 3795.01
			 of the Revised Code.