Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-26 - Community Health Workers › Section 4723-26-11 - Disciplinary actions against certified community health workers; investigations

Current through all regulations passed and filed through July 1, 2024
(A) The board of nursing, by the vote of a
			 quorum, may impose one or more of the following sanctions if it finds that a
			 person committed fraud in passing an examination required by a community health
			 worker training program, or committed fraud, misrepresentation, or deception in
			 applying for a community health worker certificate: deny, revoke, suspend, or
			 place restrictions on a certificate issued by the board; reprimand or otherwise
			 discipline a certificate holder; or impose a fine of not more than five hundred
			 dollars per violation.
(B) By the
			 vote of a quorum, the board may impose one or more of the following sanctions
			 on an individual who applies for or holds, a community health worker
			 certificate: deny, revoke, suspend, or place restrictions on a community health
			 worker certificate, or reprimand or otherwise discipline a holder of a
			 community health worker certificate. 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)
			 Performing a nursing task as a certified community health worker having failed
			 to renew a community health worker certificate issued under Chapter 4723. of
			 the Revised Code, or while a community health worker 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
			 performing care as a certified community health worker;
(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
			 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 the standards
			 of safe care established in rule
			 4723-26-10
			 of the Administrative Code;
(10)
			 Impairment of the ability to comply with standards of safe care established in
			 rule
			 4723-26-10
			 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 care established in
			 rule
			 4723-26-10
			 of the Administrative Code because of a physical or mental
			 disability;
(12) Assaulting or
			 causing harm to a patient or depriving a patient of the means to summon
			 assistance;
(13) Misappropriation
			 or attempted misappropriation of money or anything of value in the course of
			 performing care as a certified community health worker;
(14) Adjudication by a probate court of being
			 mentally ill or mentally incompetent.
The board may restore the person's community health worker
				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 his
			 chapter;
(16) Violation of Chapter
			 4723. of the Revised Code or any rules adopted under it;
(17) Violation of any restrictions placed on
			 a community health worker 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
			 4723.81 to
			 4723.88 of the Revised Code or
			 this chapter;
(20) Failure by a
			 certified community health worker to conform to the standards of safe care
			 established in rule
			 4723-26-10
			 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 patient other the spouse of the
			 certified community health worker 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 patient or may be reasonably interpreted by the
			 patient as sexually demeaning; or
(23) Assisting suicide as defined in section
			 
										3795.01
									 of the Revised Code.