reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-9 - Prescriptive Authority › Section 4723-9-11 - Course in Ohio law governing drugs and prescriptive authority

Current through all regulations passed and filed through July 1, 2024
(A) All applicants
			 seeking an advanced practice registered nurse license who practiced or are
			 practicing as a clinical nurse specialist, certified nurse-midwife, or
			 certified nurse practitioner in another jurisdiction or as an employee of the
			 United States government, in accordance with division (C) of section
			 4723.482 of the Revised Code,
			 are required to complete a course of instruction in the laws of this state that
			 govern drugs and prescriptive authority. To meet this requirement, the course
			 of instruction must:
(1) Include content and
			 instruction on rules
			 4723-9-08,
			 4723-9-10,
			 and
			 4723-9-12
			 of the Administrative Code, and other state, or federal laws that apply to the
			 authority to prescribe schedule II controlled substances;
(2) Include content and instruction
			 concerning the indications and contraindications for the use of opioids and
			 benzodiazepines in drug therapies, and alternatives to opioid therapies in the
			 management of acute and chronic pain, including the guidelines issued by the
			 governor's recoveryOhio initiative;
(3) Be approved by the board, or by an OBN
			 approver as defined in rule
			 4723-14-01 of the
			 Administrative Code, or offered by an OBN approved provider unit, as defined in
			 rule
			 4723-14-01 of the
			 Administrative Code that is headquartered in the state of Ohio; and
(4) Be at minimum two hours in
			 length.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-9 - Prescriptive Authority › Section 4723-9-12 - Standards and procedures for review of OARRS

Current through all regulations passed and filed through July 1, 2024
(A) Definitions; for purposes of this rule:
(1) "APRN" means a clinical nurse specialist,
			 certified nurse-midwife, or certified nurse practitioner who holds a current,
			 valid license as an advanced practice registered nurse issued by the
			 board.
(2) "Delegate" means an
			 authorized representative who is registered to obtain an OARRS report on behalf
			 of an APRN.
(3) "OARRS" means the
			 Ohio automated RX reporting system established and maintained according to
			 section 4729.75 of the Revised
			 Code.
(4) "OARRS report" means a
			 report of information related to a specified patient generated by the drug
			 database established maintained by the state board of pharmacy pursuant to
			 section 4729.75 of the Revised
			 Code.
(5) "Reported drugs" means
			 all drugs listed in rule 4729:8-2-01 of the Administrative Code that are
			 required to be reported to the drug database established and maintained
			 according to section 4729.75 of the Revised Code,
			 including controlled substance schedules II, III, IV and V.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-9 - Prescriptive Authority › Section 4723-9-14 - Standards and procedures for withdrawal management for drug or alcohol addiction

Current through all regulations passed and filed through July 1, 2024
(A)
								Definitions; for
			 purposes of this rule and interpretation of the formulary set forth in rule
			 4723-9-10
			 of the Administrative Code:
(1)
									The definitions set forth in rule
			 4723-9-13
			 of the Administrative Code apply in addition to those definitions set forth in
			 this paragraph;
(2)
									"Ambulatory detoxification" means withdrawal management
			 delivered in a medical office, public sector clinic, or urgent care facility by
			 trained practitioners authorized to prescribe outpatient supplies of drugs
			 approved by the FDA for the treatment of addiction, prevention of relapse of
			 drug addiction, or both. Ambulatory detoxification is the provision of
			 medically supervised evaluation, withdrawal management, and referral services
			 without extended onsite monitoring. For purposes of this rule, ambulatory
			 detoxification does not include withdrawal management that occurs in the
			 following settings:
(a)
										A state or local correctional facility, as defined in
			 section 5163.45 of the Revised
			 Code;
(b)
										In-patient treatment in a hospital, as defined in
			 section 3727.01 of the Revised
			 Code;
(c)
										An opioid treatment program certified by SAMHSA and
			 accredited by an independent SAMHSA-approved accrediting body;
			 or
(d)
										A youth services facility, as defined in section
			 103.75 of the Revised
			 Code.
(3)
									"ASAM" means the American society of addiction
			 medicine;
(4)
									"Withdrawal management" or "detoxification" is a set of
			 medical interventions aimed at managing the acute physical symptoms of
			 intoxication and withdrawal. Detoxification denotes a clearing of toxins from
			 the body of the patient who is acutely intoxicated and/or dependent on a
			 substance of abuse. Withdrawal management seeks to minimize the physical harm
			 caused by the intoxication and withdrawal of a substance of abuse. Withdrawal
			 management occurs when the patient has a substance use disorder and either
			 evidence of the characteristic withdrawal syndrome produced by withdrawal from
			 that substance, or evidence that supports the expectation that such syndrome
			 would develop without the provision of detoxification services. Withdrawal
			 management alone does not constitute substance abuse treatment or
			 rehabilitation.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-11 - Peer Support Program › Section 4723-11-02 - Fees

Current through all regulations passed and filed through July 1, 2024
(A)
								In addition to any other requirements for multistate
			 licensure, an applicant for multistate licensure shall submit to the board the
			 applicable multistate licensure application fee as authorized by section
			 4723.112 of the Revised Code, in
			 the following amounts.
(1)
									One time conversion fee from an Ohio single-state
			 license to a multistate license: one hundred dollars.
(2)
									First-time
			 license issued as an Ohio multistate license: one hundred dollars.
(3)
									Renewal fee for registered nurse or licensed practical nurse
			 issued an Ohio multistate license: seventy-five dollars.
(4)
									Conversion to an
			 Ohio multistate license within sixty days of initial single-state licensure:
			 twenty-five dollars.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-11 - Peer Support Program › Section 4723-11-03 - Employer obligations regarding nurses holding multistate licenses issued by states other than Ohio

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this rule, "person" has the same meaning as
			 in section 1.59 of the Revised
			 Code.
(B)
								Beginning January 31, 2024, and each year thereafter, a
			 person or governmental entity that employs, or contracts directly or through
			 another person or governmental entity for the provision of services by, a nurse
			 holding a multistate license shall do both of the following, if the multistate
			 license was issued by a state other than Ohio:
(1)
									Report to the
			 board of nursing the number of nurses holding multistate licenses, issued by a
			 state other than Ohio, who were employed by, or providing services for, the
			 person or governmental entity in the prior calendar year. The information will
			 be reported to the board of nursing through e-notification at
https://www.ncsbn.org/nursing-regulation/licensure/license-verification.page
(2)
									Provide each
			 nurse holding a multistate license a copy of board-developed information
			 concerning laws and rules specific to the practice of nursing in
			 Ohio.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-13 - Delegation of Nursing Tasks › Section 4723-13-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For the purposes of this chapter, the following definitions
				shall apply:
(A) "Board" means the
			 Ohio board of nursing.
(B)
								 "Delegation" means the transfer of
			 responsibility for the performance of a selected nursing task from a licensed
			 nurse authorized to perform the task to an individual who does not otherwise
			 have the authority to perform the task.
(C)
								 "Delegating nurse"
			 means the nurse who delegates a nursing task or assumes responsibility for
			 individuals who are receiving delegated nursing care.
(D)
								 "Dialysis technician" means an individual who
			 holds a current valid certificate issued under Chapter 4723. of the Revised
			 Code that authorizes the provision of dialysis care.
(E)
								 "Direction" means communicating a plan of care
			 to a licensed practical nurse. Direction by a registered nurse is not meant to
			 imply the registered nurse is supervising the licensed practical nurse in the
			 employment context.
(F)
								 "Licensed nurse"
			 means a registered nurse or a licensed practical nurse licensed to practice
			 nursing in Ohio.
(G)
								 "Medication aide"
			 means an individual who holds a current valid certificate issued under Chapter
			 4723. of the Revised Code that authorizes the individual to administer
			 medications in nursing homes or residential care facilities
(H)
								
								"DODD" means 
								the Ohio department of
			 developmental disabilities.
(I)
								 "Nursing tasks" means those activities that
			 constitute the practice of nursing as a licensed nurse and may include, but are
			 not limited to, assistance with activities of daily living that are performed
			 to maintain or improve the client's well-being, when the client is unable to
			 perform that activity for him or herself.
(J)
								 " Unlicensed person" means an individual, not
			 currently licensed by the board as a registered nurse or licensed practical
			 nurse, or an individual who does not hold a current valid certificate to
			 practice as a dialysis technician or administer medications as a medication
			 aide.
Five Year Review (FYR) Dates:
				12/19/2016 and
				12/19/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4723.07
Rule
				Amplifies: 4723.01,
				4723.07
Prior
				Effective Dates: 12/1/95, 2/1/02, 2/1/03, 2/1/04, 2//1/07,
				2/1/12
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-13 - Delegation of Nursing Tasks › Section 4723-13-02 - General information

Current through all regulations passed and filed through July 1, 2024
(A) A nursing task may be delegated to an
			 unlicensed person only by a licensed nurse who shall delegate in accordance
			 with this chapter.
(B) Nothing in
			 this chapter shall be construed to prevent any person registered, certified,
			 licensed, or otherwise legally authorized in this state under any law from
			 engaging in the practice for which such person is registered, certified,
			 licensed, or authorized.
"Otherwise legally authorized" may include, but is not limited
				to, authorization for medication administration pursuant to section
				3313.713 of the Revised Code,
				DODD personnel authorized to perform tasks or activities pursuant to sections
				5123.41 to
				5123.47 of the Revised Code, and
				individuals authorized to administer medications or perform tasks pursuant to
				Title 47 of the Revised Code.
(C) Nothing in this chapter shall prohibit an
			 unlicensed person from assisting an individual who can safely self direct his
			 or her own care, including, helping the individual with self-administration of
			 medications in a facility where the substantial purpose of the setting is other
			 than the provision of health care. An unlicensed person assisting with
			 self-administration of medications may do only the following:
(1) Remind an individual when to take the
			 medication and observe to ensure that the individual follows the directions on
			 the container;
(2) Assist an
			 individual in the self-administration of medication by taking the medication in
			 its container from the area where it is stored and handing the container with
			 the medication in it to the individual. If the individual is physically unable
			 to open the container, the unlicensed person may open the container for the
			 individual;
(3) Assist upon request
			 by or with the consent of, a physically impaired but mentally alert individual,
			 in removing oral or topical medication from the container and in taking or
			 applying the medication. If an individual is physically unable to place a dose
			 of medicine in the individual's mouth without spilling or dropping it, an
			 unlicensed person may place the dose in another container and place that
			 container to the mouth of the individual; or
(4) Assisting an individual with
			 self-administration does not mean that an unlicensed person can administer
			 medication to an individual, whether orally, by injection, or by any other
			 route.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-13 - Delegation of Nursing Tasks › Section 4723-13-03 - Prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) No person to
			 whom a nursing task is delegated shall delegate the nursing task to any other
			 person.
(B) An unlicensed person
			 who performs a nursing task and does not comply with all the provisions as set
			 forth in this chapter, and who is not otherwise excepted from licensure
			 pursuant to section 4723.32 of the Revised Code, or
			 otherwise legally authorized, shall be engaging in the unauthorized practice of
			 nursing, which is prohibited by section
			 4723.03 of the Revised Code.
(C) Nothing in this chapter shall
			 be construed to allow an unlicensed person to perform a delegated nursing task
			 on any individual other than the individual specified by the delegating nurse.
Five Year Review (FYR) Dates:
				12/19/2016 and
				12/19/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4723.07
Rule
				Amplifies: 4723.01,
				4723.03,
				4723.07
Prior
				Effective Dates: 12/1/95, 4/1/97, 4/1/98, 2/1/00, 2/1/02,
				2/1/07
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-13 - Delegation of Nursing Tasks › Section 4723-13-05 - Criteria and standards for a licensed nurse delegating to an unlicensed person

Current through all regulations passed and filed through July 1, 2024
(A) A registered nurse may delegate a nursing
			 task to an unlicensed person if all the conditions for delegation set forth in
			 this chapter are met.
(B) A
			 licensed practical nurse may delegate to an unlicensed person only at the
			 direction of the registered nurse and if all the conditions for delegation set
			 forth in this chapter are met.
(C)
			 An advanced practice registered nurse may delegate the administration of
			 medication to an unlicensed person in accordance with the requirements set
			 forth in division (B)of section
			 4723.48 of the Revised Code and
			 section 4723.489 of the Revised
			 Code.
(D) Except as otherwise
			 authorized by law or this chapter, a licensed nurse may delegate to an
			 unlicensed person the administration of only the following medications:
(1) Over-the-counter topical medications to
			 be applied to intact skin for the purpose of improving a skin condition or
			 providing a barrier; and
(2)
			 Over-the-counter eye drop, ear drop, and suppository medications, foot soak
			 treatments, and enemas.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-13 - Delegation of Nursing Tasks › Section 4723-13-06 - Minimum curriculum requirements for teaching a nursing task

Current through all regulations passed and filed through July 1, 2024
A licensed nurse shall include all of the following when
				teaching an unlicensed person to perform a nursing task:
(A) Presentation of information on infection
			 control and universal precautions;
(B) Presentation of information and
			 directions on the concepts underlying the nursing task;
(C) Presentation of information and direction
			 on how to correctly perform the specific nursing task according to current
			 standards of practice following step-by-step directions readily available to
			 the unlicensed person;
(D)
			 Demonstration of the nursing task; and
(E) Observation and documentation of a
			 satisfactory return demonstration by the unlicensed person of the nursing task.
Five Year Review (FYR) Dates:
				12/19/2016 and
				12/19/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4723.07
Rule
				Amplifies: 4723.01,
				4723.03,
				4723.07
Prior
				Effective Dates: 12/1/95, 2/1/02,
				2/1/07
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-13 - Delegation of Nursing Tasks › Section 4723-13-07 - Supervision of the performance of a nursing task performed by an unlicensed person

Current through all regulations passed and filed through July 1, 2024
(A) When a licensed nurse delegates a nursing
			 task to an unlicensed person in accordance with this chapter, supervision of
			 the performance of the nursing task by the unlicensed person shall be provided
			 by the delegating nurse. For purposes of this rule, supervision includes
			 initial and ongoing direction, procedural guidance, and evaluation, and may
			 include direct observation of the performance of the nursing task. The
			 delegating nurse shall evaluate the performance by the unlicensed person of the
			 delegated nursing task, the need for further instruction, and the need to
			 withdraw the delegation.
(B) If
			 the substantial purpose of the setting, institution, or agency where a
			 delegated nursing task is being performed is the provision of health care
			 services, the supervision provided by the delegating nurse shall be on-site
			 direct supervision.
(C) If the
			 substantial purpose of the setting, institution, or agency where a delegated
			 nursing task is being performed is other than the provision of health care
			 services, the supervision provided by the delegating nurse may be on-site
			 direct supervision, or indirect supervision provided by the delegating nurse
			 who is always accessible through some form of telecommunication. Prior to the
			 delegation of any nursing task in a setting, institution, or agency where the
			 substantial purpose of the setting, institution, or agency is other than the
			 provision of health care, a registered nurse shall conduct an assessment . The
			 assessment and the following factors shall be used by the delegating nurse to
			 determine the supervision required by the delegating nurse.
(1) The number of individuals who require
			 nursing care and the health status of the individuals;
(2) The types and number of nursing tasks
			 that will be delegated;
(3) The
			 continuity, dependability, and reliability of the unlicensed person who will be
			 performing the delegated nursing task;
(4) If the delegating nurse is assuming
			 responsibility for more than one setting, the distance between settings, the
			 accessibility of each setting, and any unusual problems that may be encountered
			 in reaching each setting; and
(5)
			 The availability of emergency aid should the nurse be too far from the setting
			 to arrive at the setting in a timely manner.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-03 - Continuing education requirement for licensed practical and registered nurses

Current through all regulations passed and filed through July 1, 2024
(A) A nurse applying to renew an active
			 license to practice nursing as a licensed practical nurse or registered nurse
			 in Ohio must complete twenty-four contact hours of continuing education during
			 the renewal period, unless an exception applies, and at least one of the
			 required hours needs to be in category A continuing education.
(1) For the period immediately following
			 licensure by examination, a nurse who holds an active license to practice
			 nursing in Ohio is not required to complete any contact hours of continuing
			 education for the first license renewal;
(2) A nurse who has been licensed by
			 endorsement in Ohio for one year or less must complete twelve contact hours of
			 continuing education;
(3) A nurse
			 who has been licensed by endorsement in Ohio for more than one year must
			 complete twenty-four contact hours of continuing education.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-04 - Determining the continuing education credit

Current through all regulations passed and filed through July 1, 2024
(A) The official unit of measure for
			 continuing education credit for licensees and certificate holders is the
			 contact hour,  as
			 defined in paragraph (I) of rule
			 4723-14-01 of the Administrative
			 Code.
(B) The calculation of
			 contact hours based on credit hours earned in an academic institution is as
			 follows:
(1) For credit hours earned on an
			 academic quarter system, one credit hour is equivalent to ten contact
			 hours;
(2) For credit hours earned
			 on an academic trimester system, one credit hour is equivalent to twelve
			 contact hours;
(3) For credit hours
			 earned on an academic semester system, one credit hour is equivalent to fifteen
			 contact hours; and
(4) For credit
			 hours that have not been identified as quarters, semesters, or trimesters, one
			 credit hour is equivalent to ten contact hours.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-06 - Proof of completion of continuing education

Current through all regulations passed and filed through July 1, 2024
(A) A licensee or certificate holder must
			 keep proof of completion of continuing education for six years.
(B) Upon board request, the licensee or
			 certificate holder shall immediately provide the board proof of completion of
			 continuing education, including the following:
(1) A copy of the certificate issued by the
			 provider that meets the requirements set forth in this rule;
(2) A school transcript or grade report that
			 meets the requirements set forth in this rule; or
(3) Other documentation that meets the
			 requirements set forth in this rule.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-07 - Continuing education audit

Current through all regulations passed and filed through July 1, 2024
(A) The board may conduct an audit of any
			 licensee or certificate holder to determine compliance with continuing
			 education requirements. The audit shall be conducted as follows:
(1) The board will notify the licensee or
			 certificate holder of the audit;
(2) The audit notice will reference the
			 reporting period for which the licensee or certificate holder is required to
			 provide proof of completion of continuing education;
(3) Within sixty days after the mailing of
			 the audit notice, the licensee or certificate holder shall submit proof of
			 completion of continuing education for the specified licensure or certification
			 period to the board.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-08 - General requirements for an Ohio board of nursing (OBN) approver

Current through all regulations passed and filed through July 1, 2024
(A) A provider
			 unit, headquartered in Ohio, that has been
			 operating for a minimum of three years  may apply to the board to become an OBN
			 approver of continuing education if it is:
(1) A nursing or dialysis technician
			 organization;
(2) A nursing
			 education program;
(3) A dialysis
			 technician training program; or
(4)
			 A nursing or dialysis technician continuing education department.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-09 - Process to obtain initial approval as an OBN approver

Current through all regulations passed and filed through July 1, 2024
[Comment: Information regarding the
				availability and effective date of the materials incorporated by reference in
				this rule can be found in paragraph (G) of rule
				4723-1-03
				of the Administrative Code.]
(A)
			 To become an OBN approver the following shall be submitted to the board:
(1) A completed "OBN
			 Approver Application,"
									 that includes, with respect to the proposed
			 OBN approver:
(a) Demographic data;
(b) An organizational overview and goals
			 related to operating as an OBN approver;
(c) Information regarding material resources
			 and physical facilities;
(d) A
			 budget plan;
(e) A description of
			 the record-keeping system to be used;
(f) A description of the proposed evaluation
			 process;
(g) An organizational
			 table showing staff responsibilities;
(h) A description of the process for
			 approving providers or provider units that includes peer review directed by a
			 registered nurse who holds a current, valid license issued by the board, a
			 master's degree and either:
(i) Has a
			 background or education in adult education; or
(ii) Has documented knowledge of the
			 continuing education process;
(i) A copy of the policies required by rule
			 4723-14-12
			 of the Administrative Code.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-10 - Reapproval of an OBN approver

Current through all regulations passed and filed through July 1, 2024
(A) The board may conduct a site visit of the
			 OBN approver to determine compliance with this chapter prior to reapproval of
			 the approver.
(B) After reviewing a
			 summary report and supporting documentation related to the site visit, the
			 board shall:
(1) Grant reapproval to the OBN
			 approver for no more than five years;
(2) Deny reapproval based on any of the
			 reasons listed in paragraph (B) of rule
			 4723-14-11 of the Administrative
			 Code;
(3) Defer action pending
			 submission of additional information by the OBN approver that addresses the
			 requirements of this chapter that were not met as identified by the board;
			 or
(4) Extend the time period for
			 approval in order to provide the board additional time to consider the
			 reapproval application.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-11 - Termination of OBN approver status

Current through all regulations passed and filed through July 1, 2024
(A) The board may conduct an audit of an OBN
			 approver at any time. The audit may include a
			 site visit or a request for any information needed to determine compliance with
			 this chapter.
(B) The following may
			 constitute grounds for termination of an OBN approver's approval status:
(1) Failure to maintain compliance with this
			 chapter;
(2) Failure to submit
			 information required by the board within the time frame established by the
			 board;
(3) Refusal to cooperate during a site visit
			 conducted by the board; or
(4)
									 Providing false, misleading, or deceptive statements,
			 or submitting or causing to be submitted any false, misleading or deceptive
			 information, or documentation to the board or any representative of the
			 board.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-13 - Reports to the board by an OBN approver

Current through all regulations passed and filed through July 1, 2024
(A) An OBN approver must give written notice
			 to the board within thirty days of any significant change in the:
(1) Approval system;
(2) Key personnel directly responsible for
			 the approval system including peer reviewers and the
			 primary contact for the OBN approver;
(3) Structure of the administration that
			 influences the functioning of the approver;
(4)
			 Ownership of the OBN approver
									; or
(5)
									The OBN
			 approver's activities.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-14 - Approval of a continuing education provider or approved provider unit

Current through all regulations passed and filed through July 1, 2024
(A) An OBN approver
			 may approve the individual continuing education activities offered by a
			 provider or may approve the entire continuing education system of an approved
			 provider unit.
(B) A continuing
			 education activity offered by a provider or approved provider unit may be
			 faculty-directed, an independent study, an enduring
			 activity, or blended learning as defined in rule
			 4723-14-01 of the Administrative
			 Code.
(C) An OBN approver may grant
			 a provider approval of an individual continuing education activity for two
			 years, or grant approval to an approved provider unit for its entire continuing
			 education system for up to three years provided:
(1) For an individual continuing education
			 activity, the provider notifies the OBN approver of all additional dates the
			 activity will be offered and of any change to the activity; or
(2) For an approved provider unit whose
			 entire continuing education system has been approved, the approved provider
			 unit maintains records of additional dates and any change to the repeated
			 activity.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-15 - Approval of a continuing education activity, other than independent study

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 application for approval of a  continuing education activity, other than an independent study activity, submitted
			 by a continuing education provider to an OBN approver must document all of the
			 following:
(1) Availability of adequate
			 resources to be used for administering and planning the continuing education
			 activity, including identification of the person responsible for its
			 administration and planning;
(2)
			 The process of assessment, planning, implementation and evaluation of a
			 continuing education activity occurs under the direction of a registered nurse
			 or a planning committee that includes at least one registered nurse, and at
			 least one licensed practical nurse if the target audience includes licensed
			 practical nurses;
(3)
			 Identification of the target audience and appropriate outcomes for the
			 identified target audience;
(4)
			 Inclusion of learning outcomes for each segment of the continuing education
			 activity that are appropriate for the identified target audience;
(5) Identification of a content outline
			 reflecting continuing education principles, practice, and needs of the target
			 audience;
(6) Identification of
			 faculty credentials that include the specific qualifications of each faculty
			 member for the topic area to be presented;
(7) A process ensuring the approved provider
			 maintains control of, and responsibility for, all aspects of meeting and
			 maintaining the continuing education requirements set forth in Chapter 4723-14
			 of the Administrative Code;
(8) If
			 any commercial support is provided for an education activity the continuing
			 education provider will maintain control of the educational content and
			 disclose to the learner the existence of commercial support;
(9) The provider will disclose to learners
			 that there is no 
									relevant relationship with an ineligible company
			 for
									 anyone with the ability
			 to control content of the educational activity, or if there is, it
									 has been 
									mitigated by the provider.
									The provider will disclose to the learner the
			 name of the individual, the type of relationship and the name of the
			 ineligible company
									;
(10) Exhibits shall not be set up or
			 positioned in such a way that will influence or distract a learner from the
			 educational activity;
(11)
			 Evaluation of the continuing education activity that addresses the achievement
			 of program outcomes;
(12)
			 Identification of criteria for successful completion of the continuing
			 education activity that are communicated to the participant before the
			 continuing education activity; and
(13)
									The method used
			 for determining the number of contact hours to be awarded.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-16 - Approval of an independent study continuing education activity

Current through all regulations passed and filed through July 1, 2024
(A) An application
			 for approval of an independent study continuing education activity submitted by
			 a provider to an OBN approver must include documentation of all of the
			 requirements contained in paragraphs (A) to (D) of rule
			 4723-14-15
			 of the Administrative Code in addition to the following:
(1) Documentation of the qualifications of
			 the author of the independent study package and those of the individual
			 providing feedback to the learner;
(2) A description of the entire independent
			 study package that outlines all activities of the learner, all materials to be
			 used, and the method the learner is to use to gain access to, or interact with,
			 the provider of the independent study;
(3) Documentation of the effectiveness of the
			 independent study in meeting outcomes, and of the rationale used to determine the
			 number of contact hours to be awarded; and
(4) An evaluation mechanism that includes a
			 method for providing feedback to the learner.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-14 - Continuing Education › Section 4723-14-18 - Voluntary termination of approval activities

Current through all regulations passed and filed through July 1, 2024
(A) An OBN approver who intends to terminate
			 its approval status must establish and implement a plan for the orderly
			 transfer of approver activities before the anticipated termination date, as
			 follows:
(1) The OBN approver must give
			 written notice to the board of its intent to surrender its OBN approver status
			 at least six months before the anticipated termination date;
(2) The OBN approver must give written notice
			 to all of its approved providers of continuing education activities that it
			 intends to surrender its OBN approver status at least six months before the
			 anticipated termination date;
(3)
			 At least thirty days before the anticipated termination date, the OBN approver
			 must give written notice to the board that includes the status of its approved
			 provider units and the OBN approver's plan; and
(4) On or before the termination date, the
			 OBN approver must identify a custodian of records and a record maintenance plan
			 to ensure that the records will be maintained for at least six years, as
			 required by rule
			 4723-14-12
			 of the Administrative Code.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-01 - General information

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of this chapter of the
			 Administrative Code:
(1) "Days" means
			 calendar days.
(2) "Board hearing
			 committee" means a standing committee of not less than three board members,
			 appointed by the board at a public meeting, to conduct administrative hearings
			 and provide a report and recommendation to the board as set forth in rule
			 4723-16-13
			 of the Administrative Code.
(3)
			 "Hearing examiner" means the attorney appointed by the board to conduct a
			 hearing pursuant to section
			 119.09 of the Revised
			 Code.
(4) "Respondent" means the
			 person who is requesting or has requested a hearing as provided in Chapter 119.
			 of the Revised Code.
(5)
			 "Representative of record" means the respondent or legal counsel for respondent
			 who has filed a notice of appearance in accordance with rule
			 4723-16-02
			 of the Administrative Code or the assistant attorney general representing the
			 state of Ohio.
(6)
			 "Telecommunication" means communication by telephone conference or
			 videoconference.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-02 - Hearing representation and appearances

Current through all regulations passed and filed through July 1, 2024
(A) Respondents may be self represented or
			 may be represented by an attorney, or attorneys, admitted to the practice of
			 law in Ohio, and holding a current, active license to practice in
			 Ohio.
(B) When respondent is
			 represented by an attorney or attorneys, the attorney or attorneys each shall
			 file a written notice of appearance with the board. The attorney or attorneys
			 who have filed a notice of appearance with the board shall be considered by the
			 board as the representative of record unless and until a written notice of
			 withdrawal is filed with the board or until written notice of termination of
			 representation is filed by respondent.
(C) A representative of record may present
			 respondent's position, arguments, or contentions in writing rather than
			 appearing in person at any hearing, provided the board has not subpoenaed
			 respondent to appear at the hearing, and provided respondent has timely
			 requested a hearing.
(D) Respondent
			 is not required to appear in person at any hearing provided the board has not
			 subpoenaed the respondent to appear at the hearing. For good cause shown,
			 respondent may appear by telecommunication. Respondent's representative of
			 record shall not be permitted to appear by telecommunication
			 unless the hearing examiner or board hearing committee
			 has ordered the hearing to be conducted by videoconference as specified in rule
			 4723-16-13
			 of the Administrative Code
								.
(E) The
			 office of the attorney general shall identify one attorney from that office as
			 the representative of record for purposes of service pursuant this chapter of
			 the Administrative Code. Each assistant attorney general representing the board
			 shall file his or her appearance in writing.
(F) Except as otherwise provided in Chapter
			 119. of the Revised Code, communications from the board, board hearing
			 committee or hearing examiner shall be sent to the representative of record for
			 each party.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-03 - Hearing continuances and motions for extensions of time

Current through all regulations passed and filed through July 1, 2024
(A) The board, board hearing committee, or hearing examiner may
			 continue a hearing upon its or their own motion
			 in order to more efficiently and effectively conduct its business, unless the
			 circumstances establish that a continuance would not be in the interest of
			 public safety.
(B) Upon written or
			 oral motion of a representative of record, the board, board
			 hearing committee or hearing examiner may
			 continue the hearing. If a continuance is granted, the board, board
			 hearing committee or the hearing examiner shall
			 immediately establish a new hearing date unless otherwise agreed by the
			 representatives of record.
(C) A
			 hearing shall not be continued upon motion by a representative of record unless
			 a showing of reasonable cause and due diligence is shown. Before granting a
			 continuance, consideration shall be given to the harm to the public that may
			 result from a delay in the proceedings.
(D) A motion for continuance filed by a
			 representative of record fewer than five calendar days prior to the scheduled
			 date of the hearing shall not be granted unless it is demonstrated that an
			 extraordinary situation exists that could not have been anticipated and that
			 would justify the granting of a continuance.
(E) Except as otherwise provided in Chapter
			 119. of the Revised Code or rules of the board, any motion or request for an
			 extension of time in which to file a motion, brief, or objection, unless made
			 upon the record at the hearing, shall be made in writing and filed with the
			 board.
(F) No motion for an
			 extension of time shall be granted by the board, board hearing committee or the hearing examiner unless:
(1) The representative of record filing the
			 motion makes a showing of reasonable cause and due diligence; and
(2) If the extension of time will result in a
			 delay in the proceedings, the representative of record can show that no harm to
			 the public will result from the delay in the proceedings.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-04 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 otherwise provided in Chapter 119. of the Revised Code, any motion, unless made
			 upon the record at a hearing or as an oral motion for continuance in accordance
			 with rule
			 4723-16-03
			 of the Administrative Code, shall be in writing and filed with the
			 board.
(B) A written motion shall
			 state the relief sought and shall be accompanied by a memorandum stating the
			 grounds for the motion and citing the authorities relied upon. A motion shall
			 be made no later than fourteen days before the scheduled date of the hearing,
			 unless one of the following applies:
(1) The
			 case involves a summary suspension issued pursuant to section
			 4723.281 of the Revised Code;
			 or
(2) The board, board
			 hearing committee or hearing examiner expressly
			 grants an exception.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-05 - Prehearing processes

Current through all regulations passed and filed through July 1, 2024
(A) Any representative of record may serve
			 upon the opposing representative of record a written request for a list of
			 witnesses and copies of proposed exhibits intended to be introduced at hearing.
			 Except in the case of summary suspensions, the opposing representative of
			 record shall supply a list and copies to the requesting representative within a
			 reasonable time, but not less than fourteen days before the hearing
			 date.
(B) In cases of summary
			 suspensions, the exchange of lists of witnesses and proposed exhibits intended
			 to be introduced at hearing shall be completed as soon as possible, but not
			 less than three days before the hearing date.
(C) If a representative of record fails to
			 comply with a request for, or scheduling order requiring the timely exchange
			 of, a list of witnesses, expert witness reports, if any, or copies of proposed
			 exhibits, the opposing representative of record may request, and, absent
			 extraordinary circumstances, the board, board hearing committee or hearing examiner shall grant, a
			 motion to exclude from the hearing the testimony and proposed exhibits that
			 were the subject of request.
(D)
			 Upon written motion of any representative of record or upon the initiative of
			 the board, board hearing committee or the hearing
			 examiner, the board, board hearing committee or
			 hearing examiner shall issue a scheduling order that may include but need not
			 be limited to:
(1) A schedule for exchange of
			 proposed hearing exhibits;
(2) A
			 schedule for identifying lay and expert witnesses; and
(3) A schedule for the exchange of written
			 reports, if any, from expert witnesses.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-06 - Witnesses

Current through all regulations passed and filed through July 1, 2024
(A) A witness may
			 be accompanied and advised by legal counsel. Participation by counsel for a
			 witness other than the respondent, shall be limited to the protection of that
			 witness's rights. The legal counsel shall neither examine nor cross-examine any
			 witness.
(B) Pursuant to section
			 119.09 of the Revised Code, the
			 board may institute contempt proceedings or file a motion to compel if a
			 witness refuses to answer a question ruled proper at a hearing or disobeys a
			 subpoena.
(C) A representative of
			 record may move for, or the hearing examiner or board
			 hearing committee may order, a separation of witnesses at the
			 hearing.
(D) Each witness who
			 appears before the board in response to a subpoena shall receive the fees and
			 mileage provided for under section
			 119.094 of the Revised
			 Code.
(E)
								
			 For purposes of efficiency, the hearing examiner or board hearing committee may
			 order that witnesses be called to testify out of order, by telecommunication,
			 or by deposition.
Effective: 2/1/2015
Five Year Review (FYR) Dates:
				10/15/2014 and
				10/15/2019
Promulgated
				Under: 119.03
Statutory Authority: 4723.07
Rule
				Amplifies: 4723.28
Prior Effective Dates: 02/01/2000, 02/09/2005,
				02/01/2010
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-07 - Evidence or factors to be considered by the board

Current through all regulations passed and filed through July 1, 2024
(A) The board, board hearing committee or
			 hearing examiner shall admit evidence of any prior action taken by the board
			 against respondent. The evidence shall include a copy of the board adjudication
			 order, including all records incorporated within the order, and the notice of
			 opportunity for hearing, or a copy of any consent agreement entered between the
			 board and respondent, including all records incorporated within the consent
			 agreement. The board, board hearing committee or hearing examiner may admit
			 other records related to prior board action against respondent if the evidence
			 offered is:
(1) To prove notice to respondent
			 that particular conduct was unacceptable;
(2) To prove a continuing problem justifying
			 harsher discipline than might otherwise be warranted in the case;
(3) To demonstrate respondent's disregard for
			 compliance with the laws regulating the practice of nursing or for the actions
			 of the board; or
(4) For purposes
			 of impeachment.
Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-09 - Ex parte communication

Current through all regulations passed and filed through July 1, 2024
(A) No representative of record shall
			 communicate with a board member or hearing examiner concerning a pending
			 adjudication without the participation of the opposing representative of
			 record, unless the communication relates solely
			 to a procedural matter.
(B) No
			 board member or hearing examiner shall engage in communication with or on
			 behalf of any representative of record without the participation of the
			 opposing representative of record, unless the communication relates to a
			 procedural matter.
(C) A board
			 member or hearing examiner shall disclose to the representatives of record and
			 members of the board, any communication or attempted communication that appears
			 to violate paragraph (A) or (B) of this rule. Such disclosure shall be made
			 prior to the completion of deliberations on the pending adjudication.