Ohio Administrative Code

(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 condi…

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 ta…

(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 initi…

As used in this chapter:(A) "Accredited provider" means an entity that has received accreditation through a nationally recognized system. An accredited provider is authorized to plan, present and award contact hours for continuing education activities.(B) "Approved provider unit"…

(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 reporting period, unless an exception applies, and at least one of the required…

(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 i…

(A) Any of the following options may be used by a licensee or certificate holder to meet the continuing education requirements set forth in section 4723.24 of the Revised Code, this chapter, or Chapter 4723-23, 4723-26 or 4723-27 of the Administrative Code:(1) A continuing educat…

(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 …

(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 ref…

(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 tech…

[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) 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 ap…

(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…

(A) An OBN approver shall establish, implement, and enforce processes that address the following:(1) The scope of the approver's approval activities including identification of the target audience of providers and the type of applications to be approved;(2) Qualifications and res…

(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 …

(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 facul…

(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 a…

(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 t…

(A) An OBN approver may elect to approve and reapprove the continuing education system of a proposed provider unit for a specified period of time, not to exceed three years. The approval and reapproval processes shall be based on an in-depth analysis by the OBN approver of the ab…

(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 sur…

(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) 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…

(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.(…

(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 writte…

(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 s…

(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 sect…

(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 opp…

(A) Upon written request, filed at least forty-five days before the hearing date, the board shall issue a subpoena for purposes of hearing to compel the attendance and testimony of a witness, or production of books, records or papers, at the hearing. The board, board hearing comm…

(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 he…

(A) Any matter that is the subject of an investigation may be settled at any time by the board.(B) A settlement shall be authorized on behalf of the board by the supervising member for disciplinary matters. In cases assigned for hearing, the parties may inform the board hearing c…

(A) A representative of record may be permitted to address the board at the time of the board's consideration of the report and recommendation, provided that prior to addressing the board, the representative of record has filed a written request with the board not less than seven…

(A) Adjudication hearings may be conducted before the board, a board hearing committee or a hearing examiner appointed by the board.(B) The hearing examiner shall be licensed to practice law in Ohio and may be an employee of the board or an independent contractor.(C) The board he…

As used in this chapter:(A) "Certificate holder" means an individual holding a current, valid certificate issued by the board to provide dialysis care as a dialysis technician or dialysis technician intern.(B) "Educational intervention" means the following:(1) One or more learnin…

(A) The board shall investigate, according to section 4723.28 of the Revised Code, evidence that appears to show that a licensee or certificate holder has failed to practice in accordance with acceptable and prevailing standards of safe care as set forth in Chapter 4723-4 of the …

An individual may participate in the practice intervention and improvement program if the supervising member determines that the public will be adequately protected from unsafe practice if the individual enters PIIP, and:(A) The individual has not been the subject of formal disci…

(A) When an individual has been determined by the supervising member to be eligible for the practice intervention and improvement program, the individual shall execute a participatory agreement with PIIP that includes, but is not limited to, provisions that:(1) Set forth the iden…

(A) A participant may be terminated from PIIP for any of the following:(1) Failure to comply with any term of the participatory agreement entered into by the participant;(2) Receipt of evidence from an employer educational intervention provider indicating that the participant has…

(A) The practice intervention and improvement program shall utilize educational interventions that contain content and objectives that meet the participant's learning needs as prescribed by the supervising member.(B) An educational intervention shall be one of the following:(1) A…

(A) An individual shall be notified in writing of a determination by the supervising member that their identified practice deficiency may be remediated through participation in the practice intervention and improvement program.(B) In order to participate in PIIP, an eligible lice…

(A) A PIIP participant shall be monitored by PIIP to determine whether the participant satisfactorily demonstrates that the learned knowledge and skills have been incorporated into the participant's practice.(B) A participant, in collaboration with his or her employer, shall iden…

(A) An individual eligible for the practice intervention and improvement program shall enter into a participatory agreement, as set forth in rule 4723-18-04 of the Administrative Code, and shall comply with all of the terms and conditions set forth in the agreement.(B) A particip…

(A) Information and records obtained by the practice intervention and improvement program pursuant to an investigation conducted in accordance with section 4723.28 of the Revised Code shall be confidential and are not public records pursuant to division (I) of section 4723.28 of …

(A) Safe haven program is a confidential, non-disciplinary program for treatment of impaired licensees, certificate holders, or applicants of the nursing board established pursuant to section 4723.35 of the Revised Code.(B) Monitoring organization is an entity which conducts the …

(A) The board shall enter into a contract with a monitoring organization to monitor licensees, certificate holders, and applicants participating in the safe haven program.(1) The monitoring organization shall provide licensees, certificate holders, and applicants with a list of t…

(A) The monitoring organization shall review individuals and entities providing evaluations and treatment to licensees, certificate holders, and applicants who are impaired or potentially impaired.(1) As part of the review the monitoring organization shall determine whether the i…

(A) For purposes of Chapters 4723-1 to 4723-27 of the Administrative Code, and except as otherwise provided, the following definitions shall apply:(1) "Active duty service member" means any member of the armed forces of the United States performing active duty under title 10 of t…

(A) The board shall include questions on all applications for licensure, certification, or biennial renewal of licensure or certification, that inquire as to whether the applicant is:(1) A service member;(2) A veteran; or(3) The spouse or surviving spouse of a service member or v…