Bill Text: OH HB412 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 412 (Prior Session Legislation)

Bill Title: That are scheduled to take effect April 1, 2015, to continue the provisions of this act on and after that effective date.

Spectrum: Slight Partisan Bill (Republican 28-10)

Status: (Engrossed - Dead) 2014-12-11 - Passed 3rd Consideration Senate [HB412 Detail]

Download: Ohio-2013-HB412-Engrossed.html

As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 412

Representative Gonzales

Cosponsors: Representatives Bishoff, Terhar, Young, Wachtmann, Schuring, Brown, Anielski, Baker, Blessing, Carney, Green, Grossman, Hackett, Huffman, Landis, Perales, Pillich, Rogers, Scherer Speaker Batchelder
Senators Beagle, Brown, Cafaro, Eklund, Gentile, Hite, Hughes, Jones, Kearney, LaRose, Lehner, Manning, Patton, Sawyer, Schaffer, Schiavoni, Uecker, Widener

A BILL

To amend sections 1.64, 2133.211, 2151.3515,

2305.113, 2925.61, 3701.92, 3727.06, 3729.05,

4123.01, 4123.026, 4123.46, 4503.44, 4723.01,

4723.06, 4723.07, 4723.18, 4723.181, 4723.48,

4723.482, 4723.50, 4729.01, 4730.01, 4730.02,

4730.03, 4730.04, 4730.06, 4730.08, 4730.091,

4730.10, 4730.101, 4730.11, 4730.12, 4730.13,

4730.14, 4730.19, 4730.21, 4730.22, 4730.25,

4730.251, 4730.27, 4730.28, 4730.31, 4730.32,

4730.33, 4730.38, 4730.39, 4730.41, 4730.42,

4730.43, 4730.431, 4730.49, 4730.51, 4730.53,

4731.07, 4761.01, 4761.17, 4765.01, 4765.51,

5122.11, 5122.111, and 5123.47; to amend, for the

purpose of adopting new section numbers as

indicated in parentheses, section 4730.091

(4730.201) and 4730.092 (4730.202); to enact new

section 4730.20 and sections 4723.489, 4730.111,

and 4730.203; and to repeal sections 4730.081,

4730.09, 4730.15, 4730.16, 4730.17, 4730.18,

4730.20, 4730.44, 4730.45, 4730.46, 4730.47,

4730.48, 4730.50, and 4730.52 of the Revised Code

to revise the law governing the practice of

physician assistants, the practice of advanced

practice registered nurses, eligibility for

compensation and benefits under Ohio's Workers'

Compensation Law, the proceedings for

court-ordered treatment of a mentally ill person,

and the licensure of recreational vehicle parks

and recreation camps, and to amend the versions of

sections 4730.25 and 4730.53 of the Revised Code

that are scheduled to take effect April 1, 2015,

to continue the provisions of this act on and

after that effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1.64, 2133.211, 2151.3515, 2305.113,	34
2925.61, 3701.92, 3727.06, 3729.05, 4123.01, 4123.026, 4123.46,	35
4503.44, 4723.01, 4723.06, 4723.07, 4723.18, 4723.181, 4723.48,	36
4723.482, 4723.50, 4729.01, 4730.01, 4730.02, 4730.03, 4730.04,	37
4730.06, 4730.08, 4730.091, 4730.10, 4730.101, 4730.11, 4730.12,	38
4730.13, 4730.14, 4730.19, 4730.21, 4730.22, 4730.25, 4730.251,	39
4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.38, 4730.39,	40
4730.41, 4730.42, 4730.43, 4730.431, 4730.49, 4730.51, 4730.53,	41
4731.07, 4761.01, 4761.17, 4765.01, 4765.51, 5122.11, 5122.111,	42
and 5123.47 be amended, sections 4730.091 (4730.201) and 4730.092	43
(4730.202) be amended for the purpose of adopting new section	44
numbers as indicated in parentheses, and new section 4730.20 and	45
sections 4723.489, 4730.111, and 4730.203 of the Revised Code be	46
enacted to read as follows:	47

Sec. 1.64. As used in the Revised Code:

(A) "Certified nurse-midwife" means a registered nurse who	49
holds a valid certificate of authority issued under Chapter 4723.	50
of the Revised Code that authorizes the practice of nursing as a	51
certified nurse-midwife in accordance with section 4723.43 of the	52
Revised Code and rules adopted by the board of nursing.	53

(B) "Certified nurse practitioner" means a registered nurse	54
who holds a valid certificate of authority issued under Chapter	55
4723. of the Revised Code that authorizes the practice of nursing	56
as a certified nurse practitioner in accordance with section	57
4723.43 of the Revised Code and rules adopted by the board of	58
nursing.	59

(C) "Clinical nurse specialist" means a registered nurse who	60
holds a valid certificate of authority issued under Chapter 4723.	61
of the Revised Code that authorizes the practice of nursing as a	62
clinical nurse specialist in accordance with section 4723.43 of	63
the Revised Code and rules adopted by the board of nursing.	64

(D) "Physician assistant" means an individual who ~~holds a~~	65
~~valid certificate to practice issued~~is licensed under Chapter	66
4730. of the Revised Code ~~authorizing the individual~~ to provide	67
services as a physician assistant to patients under the	68
supervision, control, and direction of one or more physicians.	69

Sec. 2133.211. A person who holds a certificate of authority	70
~~to practice~~ as a certified nurse practitioner or clinical nurse	71
specialist issued under ~~section 4723.42~~Chapter 4723. of the	72
Revised Code may take any action that may be taken by an attending	73
physician under sections 2133.21 to 2133.26 of the Revised Code	74
and has the immunity provided by section 2133.22 of the Revised	75
Code if the action is taken pursuant to a standard care	76
arrangement with a collaborating physician.	77

A person who holds a ~~certificate~~license to practice as a	78
physician assistant issued under Chapter 4730. of the Revised Code	79
may take any action that may be taken by an attending physician	80
under sections 2133.21 to 2133.26 of the Revised Code and has the	81
immunity provided by section 2133.22 of the Revised Code if the	82
action is taken pursuant to a ~~physician supervisory plan approved~~	83
~~pursuant to~~supervision agreement entered into under section	84
~~4730.17~~4730.19 of the Revised Code or, including, if applicable	85
the policies of a health care facility in which the physician	86
assistant is practicing.	87

Sec. 2151.3515. As used in sections 2151.3515 to 2151.3530	88
of the Revised Code:	89

(A) "Deserted child" means a child whose parent has	90
voluntarily delivered the child to an emergency medical service	91
worker, peace officer, or hospital employee without expressing an	92
intent to return for the child.	93

(B) "Emergency medical service organization," "emergency	94
medical technician-basic," "emergency medical	95
technician-intermediate," "first responder," and "paramedic" have	96
the same meanings as in section 4765.01 of the Revised Code.	97

(C) "Emergency medical service worker" means a first	98
responder, emergency medical technician-basic, emergency medical	99
technician-intermediate, or paramedic.	100

(D) "Hospital" has the same meaning as in section 3727.01 of	101
the Revised Code.	102

(E) "Hospital employee" means any of the following persons:

103

(1) A physician who has been granted privileges to practice	104
at the hospital;	105

(2) A nurse, physician assistant, or nursing assistant	106
employed by the hospital;	107

(3) An authorized person employed by the hospital who is	108
acting under the direction of a physician described in division	109
(E)(1) of this section.	110

(F) "Law enforcement agency" means an organization or entity	111
made up of peace officers.	112

(G) "Nurse" means a person who is licensed under Chapter	113
4723. of the Revised Code to practice as a registered nurse or	114
licensed practical nurse.	115

(H) "Nursing assistant" means a person designated by a	116
hospital as a nurse aide or nursing assistant whose job is to aid	117
nurses, physicians, and physician assistants in the performance of	118
their duties.	119

(I) "Peace officer" means a sheriff, deputy sheriff,	120
constable, police officer of a township or joint police district,	121
marshal, deputy marshal, municipal police officer, or a state	122
highway patrol trooper.	123

(J) "Physician" ~~and "physician assistant" have the same~~	124
~~meanings as in section 4730.01~~means an individual authorized	125
under Chapter 4731. of the Revised Code to practice medicine and	126
surgery, osteopathic medicine and surgery, or podiatric medicine	127
and surgery.	128

(K) "Physician assistant" means an individual who holds a	129
current, valid license to practice as a physician assistant issued	130
under Chapter 4730. of the Revised Code.	131

Sec. 2305.113. (A) Except as otherwise provided in this	132
section, an action upon a medical, dental, optometric, or	133
chiropractic claim shall be commenced within one year after the	134
cause of action accrued.	135

(B)(1) If prior to the expiration of the one-year period	136
specified in division (A) of this section, a claimant who	137
allegedly possesses a medical, dental, optometric, or chiropractic	138
claim gives to the person who is the subject of that claim written	139
notice that the claimant is considering bringing an action upon	140
that claim, that action may be commenced against the person	141
notified at any time within one hundred eighty days after the	142
notice is so given.	143

(2) An insurance company shall not consider the existence or	144
nonexistence of a written notice described in division (B)(1) of	145
this section in setting the liability insurance premium rates that	146
the company may charge the company's insured person who is	147
notified by that written notice.	148

(C) Except as to persons within the age of minority or of	149
unsound mind as provided by section 2305.16 of the Revised Code,	150
and except as provided in division (D) of this section, both of	151
the following apply:	152

(1) No action upon a medical, dental, optometric, or	153
chiropractic claim shall be commenced more than four years after	154
the occurrence of the act or omission constituting the alleged	155
basis of the medical, dental, optometric, or chiropractic claim.	156

(2) If an action upon a medical, dental, optometric, or	157
chiropractic claim is not commenced within four years after the	158
occurrence of the act or omission constituting the alleged basis	159
of the medical, dental, optometric, or chiropractic claim, then,	160
any action upon that claim is barred.	161

(D)(1) If a person making a medical claim, dental claim,	162
optometric claim, or chiropractic claim, in the exercise of	163
reasonable care and diligence, could not have discovered the	164
injury resulting from the act or omission constituting the alleged	165
basis of the claim within three years after the occurrence of the	166
act or omission, but, in the exercise of reasonable care and	167
diligence, discovers the injury resulting from that act or	168
omission before the expiration of the four-year period specified	169
in division (C)(1) of this section, the person may commence an	170
action upon the claim not later than one year after the person	171
discovers the injury resulting from that act or omission.	172

(2) If the alleged basis of a medical claim, dental claim,	173
optometric claim, or chiropractic claim is the occurrence of an	174
act or omission that involves a foreign object that is left in the	175
body of the person making the claim, the person may commence an	176
action upon the claim not later than one year after the person	177
discovered the foreign object or not later than one year after the	178
person, with reasonable care and diligence, should have discovered	179
the foreign object.	180

(3) A person who commences an action upon a medical claim,	181
dental claim, optometric claim, or chiropractic claim under the	182
circumstances described in division (D)(1) or (2) of this section	183
has the affirmative burden of proving, by clear and convincing	184
evidence, that the person, with reasonable care and diligence,	185
could not have discovered the injury resulting from the act or	186
omission constituting the alleged basis of the claim within the	187
three-year period described in division (D)(1) of this section or	188
within the one-year period described in division (D)(2) of this	189
section, whichever is applicable.	190

(E) As used in this section:

191

(1) "Hospital" includes any person, corporation, association,	192
board, or authority that is responsible for the operation of any	193
hospital licensed or registered in the state, including, but not	194
limited to, those that are owned or operated by the state,	195
political subdivisions, any person, any corporation, or any	196
combination of the state, political subdivisions, persons, and	197
corporations. "Hospital" also includes any person, corporation,	198
association, board, entity, or authority that is responsible for	199
the operation of any clinic that employs a full-time staff of	200
physicians practicing in more than one recognized medical	201
specialty and rendering advice, diagnosis, care, and treatment to	202
individuals. "Hospital" does not include any hospital operated by	203
the government of the United States or any of its branches.	204

(2) "Physician" means a person who is licensed to practice	205
medicine and surgery or osteopathic medicine and surgery by the	206
state medical board or a person who otherwise is authorized to	207
practice medicine and surgery or osteopathic medicine and surgery	208
in this state.	209

(3) "Medical claim" means any claim that is asserted in any	210
civil action against a physician, podiatrist, hospital, home, or	211
residential facility, against any employee or agent of a	212
physician, podiatrist, hospital, home, or residential facility, or	213
against a licensed practical nurse, registered nurse, advanced	214
practice registered nurse, physical therapist, physician	215
assistant, emergency medical technician-basic, emergency medical	216
technician-intermediate, or emergency medical	217
technician-paramedic, and that arises out of the medical	218
diagnosis, care, or treatment of any person. "Medical claim"	219
includes the following:	220

(a) Derivative claims for relief that arise from the medical	221
diagnosis, care, or treatment of a person;	222

(b) Claims that arise out of the medical diagnosis, care, or	223
treatment of any person and to which either of the following	224
applies:	225

(i) The claim results from acts or omissions in providing	226
medical care.	227

(ii) The claim results from the hiring, training,	228
supervision, retention, or termination of caregivers providing	229
medical diagnosis, care, or treatment.	230

(c) Claims that arise out of the medical diagnosis, care, or	231
treatment of any person and that are brought under section 3721.17	232
of the Revised Code.	233

(4) "Podiatrist" means any person who is licensed to practice	234
podiatric medicine and surgery by the state medical board.	235

(5) "Dentist" means any person who is licensed to practice	236
dentistry by the state dental board.	237

(6) "Dental claim" means any claim that is asserted in any	238
civil action against a dentist, or against any employee or agent	239
of a dentist, and that arises out of a dental operation or the	240
dental diagnosis, care, or treatment of any person. "Dental claim"	241
includes derivative claims for relief that arise from a dental	242
operation or the dental diagnosis, care, or treatment of a person.	243

(7) "Derivative claims for relief" include, but are not	244
limited to, claims of a parent, guardian, custodian, or spouse of	245
an individual who was the subject of any medical diagnosis, care,	246
or treatment, dental diagnosis, care, or treatment, dental	247
operation, optometric diagnosis, care, or treatment, or	248
chiropractic diagnosis, care, or treatment, that arise from that	249
diagnosis, care, treatment, or operation, and that seek the	250
recovery of damages for any of the following:	251

(a) Loss of society, consortium, companionship, care,	252
assistance, attention, protection, advice, guidance, counsel,	253
instruction, training, or education, or any other intangible loss	254
that was sustained by the parent, guardian, custodian, or spouse;	255

(b) Expenditures of the parent, guardian, custodian, or	256
spouse for medical, dental, optometric, or chiropractic care or	257
treatment, for rehabilitation services, or for other care,	258
treatment, services, products, or accommodations provided to the	259
individual who was the subject of the medical diagnosis, care, or	260
treatment, the dental diagnosis, care, or treatment, the dental	261
operation, the optometric diagnosis, care, or treatment, or the	262
chiropractic diagnosis, care, or treatment.	263

(8) "Registered nurse" means any person who is licensed to	264
practice nursing as a registered nurse by the board of nursing.	265

(9) "Chiropractic claim" means any claim that is asserted in	266
any civil action against a chiropractor, or against any employee	267
or agent of a chiropractor, and that arises out of the	268
chiropractic diagnosis, care, or treatment of any person.	269
"Chiropractic claim" includes derivative claims for relief that	270
arise from the chiropractic diagnosis, care, or treatment of a	271
person.	272

(10) "Chiropractor" means any person who is licensed to	273
practice chiropractic by the state chiropractic board.	274

(11) "Optometric claim" means any claim that is asserted in	275
any civil action against an optometrist, or against any employee	276
or agent of an optometrist, and that arises out of the optometric	277
diagnosis, care, or treatment of any person. "Optometric claim"	278
includes derivative claims for relief that arise from the	279
optometric diagnosis, care, or treatment of a person.	280

(12) "Optometrist" means any person licensed to practice	281
optometry by the state board of optometry.	282

(13) "Physical therapist" means any person who is licensed to	283
practice physical therapy under Chapter 4755. of the Revised Code.	284

(14) "Home" has the same meaning as in section 3721.10 of the	285
Revised Code.	286

(15) "Residential facility" means a facility licensed under	287
section 5123.19 of the Revised Code.	288

(16) "Advanced practice registered nurse" means any certified	289
nurse practitioner, clinical nurse specialist, certified	290
registered nurse anesthetist, or certified nurse-midwife who holds	291
a certificate of authority issued by the board of nursing under	292
Chapter 4723. of the Revised Code.	293

(17) "Licensed practical nurse" means any person who is	294
licensed to practice nursing as a licensed practical nurse by the	295
board of nursing pursuant to Chapter 4723. of the Revised Code.	296

(18) "Physician assistant" means any person who ~~holds a valid~~	297
~~certificate to practice issued pursuant to~~is licensed as a	298
physician assistant under Chapter 4730. of the Revised Code.	299

(19) "Emergency medical technician-basic," "emergency medical	300
technician-intermediate," and "emergency medical	301
technician-paramedic" means any person who is certified under	302
Chapter 4765. of the Revised Code as an emergency medical	303
technician-basic, emergency medical technician-intermediate, or	304
emergency medical technician-paramedic, whichever is applicable.	305

Sec. 2925.61. (A) As used in this section:

306

(1) "Administer naloxone" means to give naloxone to a person	307
by either of the following routes:	308

(a) Using a device manufactured for the intranasal	309
administration of liquid drugs;	310

(b) Using an autoinjector in a manufactured dosage form.

311

(2) "Law enforcement agency" means a government entity that	312
employs peace officers to perform law enforcement duties.	313

(3) "Licensed health professional" means all of the	314
following:	315

(a) A physician who is authorized under Chapter 4731. of the	316
Revised Code to practice medicine and surgery, osteopathic	317
medicine and surgery, or podiatric medicine and surgery;	318

(b) A physician assistant who is licensed under Chapter 4730.	319
of the Revised Code, holds a ~~certificate to prescribe~~valid	320
prescriber number issued ~~under Chapter 4730. of the Revised Code~~	321
by the state medical board, and has been granted	322
physician-delegated prescriptive authority;	323

(c) A clinical nurse specialist, certified nurse-midwife, or	324
certified nurse practitioner who holds a certificate to prescribe	325
issued under section 4723.48 of the Revised Code.	326

(4) "Peace officer" has the same meaning as in section	327
2921.51 of the Revised Code.	328

(B) A family member, friend, or other individual who is in a	329
position to assist an individual who is apparently experiencing or	330
at risk of experiencing an opioid-related overdose, is not subject	331
to criminal prosecution for a violation of section 4731.41 of the	332
Revised Code or criminal prosecution under this chapter if the	333
individual, acting in good faith, does all of the following:	334

(1) Obtains naloxone from a licensed health professional or a	335
prescription for naloxone from a licensed health professional;	336

(2) Administers that naloxone to an individual who is	337
apparently experiencing an opioid-related overdose;	338

(3) Attempts to summon emergency services either immediately	339
before or immediately after administering the naloxone.	340

(C) Division (B) of this section does not apply to a peace	341
officer or to an emergency medical technician-basic, emergency	342
medical technician-intermediate, or emergency medical	343
technician-paramedic, as defined in section 4765.01 of the Revised	344
Code.	345

(D) A peace officer employed by a law enforcement agency is	346
not subject to administrative action, criminal prosecution for a	347
violation of section 4731.41 of the Revised Code, or criminal	348
prosecution under this chapter if the peace officer, acting in	349
good faith, obtains naloxone from the peace officer's law	350
enforcement agency and administers the naloxone to an individual	351
who is apparently experiencing an opioid-related overdose.	352

Sec. 3701.92. As used in sections 3701.921 to 3701.929 of	353
the Revised Code:	354

(A) "Advanced practice registered nurse" has the same meaning	355
as in section 4723.01 of the Revised Code.	356

(B) "Patient centered medical home education advisory group"	357
means the entity established under section 3701.924 of the Revised	358
Code.	359

(C) "Patient centered medical home education program" means	360
the program established under section 3701.921 of the Revised Code	361
and any pilot projects operated pursuant to that section.	362

(D) "Patient centered medical home education pilot project"	363
means the pilot project established under section 3701.923 of the	364
Revised Code.	365

(E) "Physician assistant" ~~has the same meaning as in section~~	366
~~4730.01~~means any person who is licensed as a physician assistant	367
under Chapter 4730. of the Revised Code.	368

Sec. 3727.06. (A) As used in this section:

369

(1) "Doctor" means an individual authorized to practice	370
medicine and surgery or osteopathic medicine and surgery.	371

(2) "Podiatrist" means an individual authorized to practice	372
podiatric medicine and surgery.	373

(B)(1) Only the following may admit a patient to a hospital:

374

(a) A doctor who is a member of the hospital's medical staff;

375

(b) A dentist who is a member of the hospital's medical	376
staff;	377

(c) A podiatrist who is a member of the hospital's medical	378
staff;	379

(d) A clinical nurse specialist, certified nurse-midwife, or	380
certified nurse practitioner if all of the following conditions	381
are met:	382

(i) The clinical nurse specialist, certified nurse-midwife,	383
or certified nurse practitioner has a standard care arrangement	384
entered into pursuant to section 4723.431 of the Revised Code with	385
a collaborating doctor or podiatrist who is a member of the	386
medical staff;	387

(ii) The patient will be under the medical supervision of the	388
collaborating doctor or podiatrist;	389

(iii) The hospital has granted the clinical nurse specialist,	390
certified nurse-midwife, or certified nurse practitioner admitting	391
privileges and appropriate credentials.	392

(e) A physician assistant if all of the following conditions	393
are met:	394

(i) The physician assistant is listed on a supervision	395
agreement ~~approved~~entered into under section 4730.19 of the	396
Revised Code for a doctor or podiatrist who is a member of the	397
hospital's medical staff.	398

(ii) The patient will be under the medical supervision of the	399
supervising doctor or podiatrist.	400

(iii) The hospital has granted the physician assistant	401
admitting privileges and appropriate credentials.	402

(2) Prior to admitting a patient, a clinical nurse	403
specialist, certified nurse-midwife, certified nurse practitioner,	404
or physician assistant shall notify the collaborating or	405
supervising doctor or podiatrist of the planned admission.	406

(C) All hospital patients shall be under the medical	407
supervision of a doctor, except that services that may be rendered	408
by a licensed dentist pursuant to Chapter 4715. of the Revised	409
Code provided to patients admitted solely for the purpose of	410
receiving such services shall be under the supervision of the	411
admitting dentist and that services that may be rendered by a	412
podiatrist pursuant to section 4731.51 of the Revised Code	413
provided to patients admitted solely for the purpose of receiving	414
such services shall be under the supervision of the admitting	415
podiatrist. If treatment not within the scope of Chapter 4715. or	416
section 4731.51 of the Revised Code is required at the time of	417
admission by a dentist or podiatrist, or becomes necessary during	418
the course of hospital treatment by a dentist or podiatrist, such	419
treatment shall be under the supervision of a doctor who is a	420
member of the medical staff. It shall be the responsibility of the	421
admitting dentist or podiatrist to make arrangements with a doctor	422
who is a member of the medical staff to be responsible for the	423
patient's treatment outside the scope of Chapter 4715. or section	424
4731.51 of the Revised Code when necessary during the patient's	425
stay in the hospital.	426

Sec. 3729.05. (A)(1) OnExcept as otherwise provided in this	427
section, on or after the first day of April, but before the first	428
day of May of each year, every person who intends to operate a	429
recreational vehicle park, recreation camp, or combined park-camp	430
shall procure a license to operate the park or camp from the	431
licensor. If the applicable license fee prescribed under section	432
3729.07 of the Revised Code is not received by the licensor by the	433
close of business on the last day of April, the applicant for the	434
license shall pay a penalty equal to twenty-five per cent of the	435
applicable license fee. The penalty shall accompany the license	436
fee. If the last day of April is not a business day, the penalty	437
attaches upon the close of business on the next business day.	438

(2) Every person who intends to operate a temporary park-camp	439
shall obtain a license to operate the temporary park-camp from the	440
licensor at any time before the person begins operation of the	441
temporary park-camp during the calendar year.	442

(3) No recreational vehicle park, recreation camp, combined	443
park-camp, or temporary park-camp shall be maintained or operated	444
in this state without a license. However, no person who neither	445
intends to receive nor receives anything of value arising from the	446
use of, or the sale of goods or services in connection with the	447
use of, a recreational vehicle park, recreation camp, combined	448
park-camp, or temporary park-camp is required to procure a license	449
under this division. If any health hazard exists at such an	450
unlicensed park, camp, or park-camp, the health hazard shall be	451
corrected in a manner consistent with the appropriate rule adopted	452
under division (A) or (B) of section 3729.02 of the Revised Code.	453

(4) No person who has received a license under division	454
(A)(1) of this section, upon the sale or disposition of the	455
recreational vehicle park, recreation camp, or combined park-camp,	456
may have the license transferred to the new operator. A person	457
shall obtain a separate license to operate each recreational	458
vehicle park, recreation camp, or combined park-camp. No license	459
to operate a temporary park-camp shall be transferred. A person	460
shall obtain a separate license for each temporary park-camp that	461
the person intends to operate, and the license shall be valid for	462
a period of not longer than seven consecutive days. A person who	463
operates a temporary park-camp on a tract of land for more than	464
twenty-one days or parts thereof in a calendar year shall obtain a	465
license to operate a recreational vehicle park, recreation camp,	466
or combined park-camp.	467

(B)(1) Before a license is initially issued under division	468
(A)(1) of this section and annually thereafter, or more often if	469
necessary, the licensor shall cause each recreational vehicle	470
park, recreation camp, or combined park-camp to be inspected to	471
determine compliance with this chapter and rules adopted under it.	472
A record shall be made of each inspection on a form prescribed by	473
the director of health.	474

(2) When a license is initially issued under division (A)(2)	475
of this section, and more often if necessary, the licensor shall	476
cause each temporary park-camp to be inspected to determine	477
compliance with this chapter and rules adopted under it during the	478
period that the temporary park-camp is in operation. A record	479
shall be made of each inspection on a form prescribed by the	480
director.	481

(C) Each person applying for an initial license to operate a	482
recreational vehicle park, recreation camp, combined park-camp, or	483
temporary park-camp shall provide acceptable proof to the	484
director, or to the licensor in the case of a temporary park-camp,	485
that adequate fire protection will be provided and that applicable	486
fire codes will be adhered to in the construction and operation of	487
the park, camp, or park-camp.	488

(D) Any person that operates a county or state fair or any	489
independent agricultural society organized pursuant to section	490
1711.02 of the Revised Code that operates a fair shall not be	491
required to obtain a license under this chapter if recreational	492
vehicles, portable camping units, or any combination of them are	493
parked at the site of the fair only during the time of preparation	494
for, operation of, and dismantling of the fair and if the	495
recreational vehicles, portable camping units, or any combination	496
of them belong to participants in the fair.	497

(E) The following entities that operate a fair and that hold	498
a license issued under this chapter are not required to comply	499
with the requirements normally imposed on a licensee under this	500
chapter and rules adopted under it during the time of preparation	501
for, operation of, and dismantling of the fair:	502

(1) A county agricultural society organized pursuant to	503
section 1711.01 of the Revised Code;	504

(2) An independent agricultural society organized pursuant to	505
section 1711.02 of the Revised Code;	506

(3) The Ohio expositions commission.

507

(F) A motorsports park is exempt from the license	508
requirements established in divisions (A)(1) and (2) of this	509
section if the motorsports park does both of the following:	510

(1) Holds at least one annual event sanctioned by the	511
national association for stock car auto racing or the national hot	512
rod association during a motor sports racing event;	513

(2) Provides parking for recreational vehicles, dependent	514
recreational vehicles, and portable camping units that belong to	515
participants in that event.	516

The exemption established in this division applies to	517
participant-only areas during the time of preparation for and	518
operation of the event.	519

(G) A person subject to this chapter or rules adopted under	520
it may apply to the director for a waiver of or variance from a	521
provision of this chapter or rules adopted under it. The director	522
may grant a waiver or variance if the person demonstrates, to the	523
satisfaction of the director, that the waiver or variance will not	524
result in any adverse effect on the public health and safety. The	525
director shall adopt rules in accordance with Chapter 119. of the	526
Revised Code establishing requirements and procedures governing	527
the application for and granting of a waiver or variance under	528
this division.	529

Sec. 4123.01. As used in this chapter:

530

(A)(1) "Employee" means:

531

(a) Every person in the service of the state, or of any	532
county, municipal corporation, township, or school district	533
therein, including regular members of lawfully constituted police	534
and fire departments of municipal corporations and townships,	535
whether paid or volunteer, and wherever serving within the state	536
or on temporary assignment outside thereof, and executive officers	537
of boards of education, under any appointment or contract of hire,	538
express or implied, oral or written, including any elected	539
official of the state, or of any county, municipal corporation, or	540
township, or members of boards of education.	541

As used in division (A)(1)(a) of this section, the term	542
"employee" includes the following persons when responding to an	543
inherently dangerous situation that calls for an immediate	544
response on the part of the person, regardless of whether the	545
person is within the limits of the jurisdiction of the person's	546
regular employment or voluntary service when responding, on the	547
condition that the person responds to the situation as the person	548
otherwise would if the person were on duty in the person's	549
jurisdiction:	550

(i) Off-duty peace officers~~. As used in division (A)(1)(a)(i)~~	551
~~of this section, "peace officer" has the same meaning as in~~	552
~~section 2935.01 of the Revised Code.~~;	553

(ii) Off-duty firefighters~~, whether paid or volunteer, of a~~	554
~~lawfully constituted fire department.~~;	555

(iii) Off-duty ~~first responders, emergency medical~~	556
~~technicians-basic, emergency medical technicians-intermediate, or~~	557
~~emergency medical technicians-paramedic, whether paid or~~	558
~~volunteer,~~emergency medical workers of an ambulance service	559
organization or emergency medical service organization ~~pursuant to~~	560
~~Chapter 4765. of the Revised Code~~.	561

(b) Every person in the service of any person, firm, or	562
private corporation, including any public service corporation,	563
that (i) employs one or more persons regularly in the same	564
business or in or about the same establishment under any contract	565
of hire, express or implied, oral or written, including aliens and	566
minors, household workers who earn one hundred sixty dollars or	567
more in cash in any calendar quarter from a single household and	568
casual workers who earn one hundred sixty dollars or more in cash	569
in any calendar quarter from a single employer, or (ii) is bound	570
by any such contract of hire or by any other written contract, to	571
pay into the state insurance fund the premiums provided by this	572
chapter.	573

(c) Every person who performs labor or provides services	574
pursuant to a construction contract, as defined in section 4123.79	575
of the Revised Code, if at least ten of the following criteria	576
apply:	577

(i) The person is required to comply with instructions from	578
the other contracting party regarding the manner or method of	579
performing services;	580

(ii) The person is required by the other contracting party to	581
have particular training;	582

(iii) The person's services are integrated into the regular	583
functioning of the other contracting party;	584

(iv) The person is required to perform the work personally;

585

(v) The person is hired, supervised, or paid by the other	586
contracting party;	587

(vi) A continuing relationship exists between the person and	588
the other contracting party that contemplates continuing or	589
recurring work even if the work is not full time;	590

(vii) The person's hours of work are established by the other	591
contracting party;	592

(viii) The person is required to devote full time to the	593
business of the other contracting party;	594

(ix) The person is required to perform the work on the	595
premises of the other contracting party;	596

(x) The person is required to follow the order of work set by	597
the other contracting party;	598

(xi) The person is required to make oral or written reports	599
of progress to the other contracting party;	600

(xii) The person is paid for services on a regular basis such	601
as hourly, weekly, or monthly;	602

(xiii) The person's expenses are paid for by the other	603
contracting party;	604

(xiv) The person's tools and materials are furnished by the	605
other contracting party;	606

(xv) The person is provided with the facilities used to	607
perform services;	608

(xvi) The person does not realize a profit or suffer a loss	609
as a result of the services provided;	610

(xvii) The person is not performing services for a number of	611
employers at the same time;	612

(xviii) The person does not make the same services available	613
to the general public;	614

(xix) The other contracting party has a right to discharge	615
the person;	616

(xx) The person has the right to end the relationship with	617
the other contracting party without incurring liability pursuant	618
to an employment contract or agreement.	619

Every person in the service of any independent contractor or	620
subcontractor who has failed to pay into the state insurance fund	621
the amount of premium determined and fixed by the administrator of	622
workers' compensation for the person's employment or occupation or	623
if a self-insuring employer has failed to pay compensation and	624
benefits directly to the employer's injured and to the dependents	625
of the employer's killed employees as required by section 4123.35	626
of the Revised Code, shall be considered as the employee of the	627
person who has entered into a contract, whether written or verbal,	628
with such independent contractor unless such employees or their	629
legal representatives or beneficiaries elect, after injury or	630
death, to regard such independent contractor as the employer.	631

(2) "Employee" does not mean:

632

(a) A duly ordained, commissioned, or licensed minister or	633
assistant or associate minister of a church in the exercise of	634
ministry;	635

(b) Any officer of a family farm corporation;

636

637

(d) An individual who otherwise is an employee of an employer	638
but who signs the waiver and affidavit specified in section	639
4123.15 of the Revised Code on the condition that the	640
administrator has granted a waiver and exception to the	641
individual's employer under section 4123.15 of the Revised Code.	642

Any employer may elect to include as an "employee" within	643
this chapter, any person excluded from the definition of	644
"employee" pursuant to division (A)(2) of this section. If an	645
employer is a partnership, sole proprietorship, individual	646
incorporated as a corporation, or family farm corporation, such	647
employer may elect to include as an "employee" within this	648
chapter, any member of such partnership, the owner of the sole	649
proprietorship, the individual incorporated as a corporation, or	650
the officers of the family farm corporation. In the event of an	651
election, the employer shall serve upon the bureau of workers'	652
compensation written notice naming the persons to be covered,	653
include such employee's remuneration for premium purposes in all	654
future payroll reports, and no person excluded from the definition	655
of "employee" pursuant to division (A)(2) of this section,	656
proprietor, individual incorporated as a corporation, or partner	657
shall be deemed an employee within this division until the	658
employer has served such notice.	659

For informational purposes only, the bureau shall prescribe	660
such language as it considers appropriate, on such of its forms as	661
it considers appropriate, to advise employers of their right to	662
elect to include as an "employee" within this chapter a sole	663
proprietor, any member of a partnership, an individual	664
incorporated as a corporation, the officers of a family farm	665
corporation, or a person excluded from the definition of	666
"employee" under division (A)(2) of this section, that they should	667
check any health and disability insurance policy, or other form of	668
health and disability plan or contract, presently covering them,	669
or the purchase of which they may be considering, to determine	670
whether such policy, plan, or contract excludes benefits for	671
illness or injury that they might have elected to have covered by	672
workers' compensation.	673

(B) "Employer" means:

674

(1) The state, including state hospitals, each county,	675
municipal corporation, township, school district, and hospital	676
owned by a political subdivision or subdivisions other than the	677
state;	678

(2) Every person, firm, professional employer organization,	679
and private corporation, including any public service corporation,	680
that (a) has in service one or more employees or shared employees	681
regularly in the same business or in or about the same	682
establishment under any contract of hire, express or implied, oral	683
or written, or (b) is bound by any such contract of hire or by any	684
other written contract, to pay into the insurance fund the	685
premiums provided by this chapter.	686

All such employers are subject to this chapter. Any member of	687
a firm or association, who regularly performs manual labor in or	688
about a mine, factory, or other establishment, including a	689
household establishment, shall be considered an employee in	690
determining whether such person, firm, or private corporation, or	691
public service corporation, has in its service, one or more	692
employees and the employer shall report the income derived from	693
such labor to the bureau as part of the payroll of such employer,	694
and such member shall thereupon be entitled to all the benefits of	695
an employee.	696

(C) "Injury" includes any injury, whether caused by external	697
accidental means or accidental in character and result, received	698
in the course of, and arising out of, the injured employee's	699
employment. "Injury" does not include:	700

(1) Psychiatric conditions except ~~where~~as follows:

701

(a) Where the claimant's psychiatric conditions have arisen	702
from an injury or occupational disease sustained by that claimant	703
~~or where~~;	704

(b) Where the claimant's psychiatric conditions have arisen	705
from sexual conduct in which the claimant was forced by threat of	706
physical harm to engage or participate;	707

(c) Where the claimant is a peace officer, firefighter, or	708
emergency medical worker and is diagnosed with post-traumatic	709
stress disorder that has been received in the course of, and has	710
arisen out of, the claimant's employment as a peace officer,	711
firefighter, or emergency medical worker.	712

(2) Injury or disability caused primarily by the natural	713
deterioration of tissue, an organ, or part of the body;	714

(3) Injury or disability incurred in voluntary participation	715
in an employer-sponsored recreation or fitness activity if the	716
employee signs a waiver of the employee's right to compensation or	717
benefits under this chapter prior to engaging in the recreation or	718
fitness activity;	719

(4) A condition that pre-existed an injury unless that	720
pre-existing condition is substantially aggravated by the injury.	721
Such a substantial aggravation must be documented by objective	722
diagnostic findings, objective clinical findings, or objective	723
test results. Subjective complaints may be evidence of such a	724
substantial aggravation. However, subjective complaints without	725
objective diagnostic findings, objective clinical findings, or	726
objective test results are insufficient to substantiate a	727
substantial aggravation.	728

(D) "Child" includes a posthumous child and a child legally	729
adopted prior to the injury.	730

(E) "Family farm corporation" means a corporation founded for	731
the purpose of farming agricultural land in which the majority of	732
the voting stock is held by and the majority of the stockholders	733
are persons or the spouse of persons related to each other within	734
the fourth degree of kinship, according to the rules of the civil	735
law, and at least one of the related persons is residing on or	736
actively operating the farm, and none of whose stockholders are a	737
corporation. A family farm corporation does not cease to qualify	738
under this division where, by reason of any devise, bequest, or	739
the operation of the laws of descent or distribution, the	740
ownership of shares of voting stock is transferred to another	741
person, as long as that person is within the degree of kinship	742
stipulated in this division.	743

(F) "Occupational disease" means a disease contracted in the	744
course of employment, which by its causes and the characteristics	745
of its manifestation or the condition of the employment results in	746
a hazard which distinguishes the employment in character from	747
employment generally, and the employment creates a risk of	748
contracting the disease in greater degree and in a different	749
manner from the public in general.	750

(G) "Self-insuring employer" means an employer who is granted	751
the privilege of paying compensation and benefits directly under	752
section 4123.35 of the Revised Code, including a board of county	753
commissioners for the sole purpose of constructing a sports	754
facility as defined in section 307.696 of the Revised Code,	755
provided that the electors of the county in which the sports	756
facility is to be built have approved construction of a sports	757
facility by ballot election no later than November 6, 1997.	758

(H) "Private employer" means an employer as defined in	759
division (B)(2) of this section.	760

(I) "Professional employer organization" has the same meaning	761
as in section 4125.01 of the Revised Code.	762

(J) "Public employer" means an employer as defined in	763
division (B)(1) of this section.	764

(K) "Sexual conduct" means vaginal intercourse between a male	765
and female; anal intercourse, fellatio, and cunnilingus between	766
persons regardless of gender; and, without privilege to do so, the	767
insertion, however slight, of any part of the body or any	768
instrument, apparatus, or other object into the vaginal or anal	769
cavity of another. Penetration, however slight, is sufficient to	770
complete vaginal or anal intercourse.	771

(L) "Other-states' insurer" means an insurance company that	772
is authorized to provide workers' compensation insurance coverage	773
in any of the states that permit employers to obtain insurance for	774
workers' compensation claims through insurance companies.	775

(M) "Other-states' coverage" means both of the following:

776

(1) Insurance coverage secured by an eligible employer for	777
workers' compensation claims of employees who are in employment	778
relationships localized in a state other than this state or those	779
employees' dependents;	780

(2) Insurance coverage secured by an eligible employer for	781
workers' compensation claims that arise in a state other than this	782
state where an employer elects to obtain coverage through either	783
the administrator or an other-states' insurer.	784

(N) "Limited other-states coverage" means insurance coverage	785
provided by the administrator to an eligible employer for workers'	786
compensation claims of employees who are in an employment	787
relationship localized in this state but are temporarily working	788
in a state other than this state, or those employees' dependents.	789

(O) "Peace officer" has the same meaning as in section	790
2935.01 of the Revised Code.	791

(P) "Firefighter" means a firefighter, whether paid or	792
volunteer, of a lawfully constituted fire department.	793

(Q) "Emergency medical worker" means a first responder,	794
emergency medical technician-basic, emergency medical	795
technician-intermediate, or emergency medical	796
technician-paramedic, certified under Chapter 4765. of the Revised	797
Code, whether paid or volunteer.	798

Sec. 4123.026. ~~(A)~~ The administrator of workers'	799
compensation, or a self-insuring public employer for the peace	800
officers, firefighters, and emergency medical workers employed by	801
or volunteering for that self-insuring public employer, shall pay	802
the costs of conducting post-exposure medical diagnostic services,	803
consistent with the standards of medical care existing at the time	804
of the exposure, to investigate whether an injury or occupational	805
disease was sustained by a peace officer, firefighter, or	806
emergency medical worker when coming into contact with the blood	807
or other body fluid of another person in the course of and arising	808
out of the peace officer's, firefighter's, or emergency medical	809
worker's employment, or when responding to an inherently dangerous	810
situation in the manner described in, and in accordance with the	811
conditions specified under, division (A)(1)(a) of section 4123.01	812
of the Revised Code, through any of the following means:	813

~~(1)~~(A) Splash or spatter in the eye or mouth, including when	814
received in the course of conducting mouth-to-mouth resuscitation;	815

~~(2)~~(B) A puncture in the skin;

816

~~(3)~~(C) A cut in the skin or another opening in the skin such	817
as an open sore, wound, lesion, abrasion, or ulcer.	818

~~(B) As used in this section:~~

819

~~(1) "Peace officer" has the same meaning as in section~~	820
~~2935.01 of the Revised Code.~~	821

~~(2) "Firefighter" means a firefighter, whether paid or~~	822
~~volunteer, of a lawfully constituted fire department.~~	823

~~(3) "Emergency medical worker" means a first responder,~~	824
~~emergency medical technician-basic, emergency medical~~	825
~~technician-intermediate, or emergency medical~~	826
~~technician-paramedic, certified under Chapter 4765. of the Revised~~	827
~~Code, whether paid or volunteer.~~	828

Sec. 4123.46. (A)(1) Except as provided in division (A)(2)	829
of this section, the bureau of workers' compensation shall	830
disburse the state insurance fund to employees of employers who	831
have paid into the fund the premiums applicable to the classes to	832
which they belong when the employees have been injured in the	833
course of their employment, wherever the injuries have occurred,	834
and provided the injuries have not been purposely self-inflicted,	835
or to the dependents of the employees in case death has ensued.	836

(2) As long as injuries have not been purposely	837
self-inflicted, the bureau shall disburse the surplus fund created	838
under section 4123.34 of the Revised Code to off-duty peace	839
officers, firefighters, and emergency medical ~~technicians, and~~	840
~~first responders~~workers, or to their dependents if death ensues,	841
who are injured while responding to inherently dangerous	842
situations that call for an immediate response on the part of the	843
person, regardless of whether the person was within the limits of	844
the person's jurisdiction when responding, on the condition that	845
the person responds to the situation as the person otherwise would	846
if the person were on duty in the person's jurisdiction.	847

As used in division (A)(2) of this section, "peace officer,"	848
"firefighter," and "emergency medical ~~technician," "first~~	849
~~responder~~worker," ~~and "jurisdiction"~~ have the same meanings as in	850
section 4123.01 of the Revised Code.	851

(B) All self-insuring employers, in compliance with this	852
chapter, shall pay the compensation to injured employees, or to	853
the dependents of employees who have been killed in the course of	854
their employment, unless the injury or death of the employee was	855
purposely self-inflicted, and shall furnish the medical, surgical,	856
nurse, and hospital care and attention or funeral expenses as	857
would have been paid and furnished by virtue of this chapter under	858
a similar state of facts by the bureau out of the state insurance	859
fund if the employer had paid the premium into the fund.	860

If any rule or regulation of a self-insuring employer	861
provides for or authorizes the payment of greater compensation or	862
more complete or extended medical care, nursing, surgical, and	863
hospital attention, or funeral expenses to the injured employees,	864
or to the dependents of the employees as may be killed, the	865
employer shall pay to the employees, or to the dependents of	866
employees killed, the amount of compensation and furnish the	867
medical care, nursing, surgical, and hospital attention or funeral	868
expenses provided by the self-insuring employer's rules and	869
regulations.	870

(C) Payment to injured employees, or to their dependents in	871
case death has ensued, is in lieu of any and all rights of action	872
against the employer of the injured or killed employees.	873

Sec. 4503.44. (A) As used in this section and in section	874
4511.69 of the Revised Code:	875

(1) "Person with a disability that limits or impairs the	876
ability to walk" means any person who, as determined by a health	877
care provider, meets any of the following criteria:	878

(a) Cannot walk two hundred feet without stopping to rest;

879

(b) Cannot walk without the use of, or assistance from, a	880
brace, cane, crutch, another person, prosthetic device,	881
wheelchair, or other assistive device;	882

(c) Is restricted by a lung disease to such an extent that	883
the person's forced (respiratory) expiratory volume for one	884
second, when measured by spirometry, is less than one liter, or	885
the arterial oxygen tension is less than sixty millimeters of	886
mercury on room air at rest;	887

(d) Uses portable oxygen;

888

(e) Has a cardiac condition to the extent that the person's	889
functional limitations are classified in severity as class III or	890
class IV according to standards set by the American heart	891
association;	892

(f) Is severely limited in the ability to walk due to an	893
arthritic, neurological, or orthopedic condition;	894

(g) Is blind, legally blind, or severely visually impaired.

895

(2) "Organization" means any private organization or	896
corporation, or any governmental board, agency, department,	897
division, or office, that, as part of its business or program,	898
transports persons with disabilities that limit or impair the	899
ability to walk on a regular basis in a motor vehicle that has not	900
been altered for the purpose of providing it with special	901
equipment for use by persons with disabilities. This definition	902
does not apply to division (I) of this section.	903

(3) "Health care provider" means a physician, physician	904
assistant, advanced practice registered nurse, optometrist, or	905
chiropractor as defined in this section except that an optometrist	906
shall only make determinations as to division (A)(1)(g) of this	907
section.	908

(4) "Physician" means a person licensed to practice medicine	909
or surgery or osteopathic medicine and surgery under Chapter 4731.	910
of the Revised Code.	911

(5) "Chiropractor" means a person licensed to practice	912
chiropractic under Chapter 4734. of the Revised Code.	913

(6) "Advanced practice registered nurse" means a certified	914
nurse practitioner, clinical nurse specialist, certified	915
registered nurse anesthetist, or certified nurse-midwife who holds	916
a certificate of authority issued by the board of nursing under	917
Chapter 4723. of the Revised Code.	918

(7) "Physician assistant" means a person who ~~holds a~~	919
~~certificate to practice as a physician assistant issued~~is	920
licensed as a physician assistant under Chapter 4730. of the	921
Revised Code.	922

(8) "Optometrist" means a person licensed to engage in the	923
practice of optometry under Chapter 4725. of the Revised Code.	924

(B)(1) An organization, or a person with a disability that	925
limits or impairs the ability to walk, may apply for the	926
registration of any motor vehicle the organization or person owns	927
or leases. When a motor vehicle has been altered for the purpose	928
of providing it with special equipment for a person with a	929
disability that limits or impairs the ability to walk, but is	930
owned or leased by someone other than such a person, the owner or	931
lessee may apply to the registrar or a deputy registrar for	932
registration under this section. The application for registration	933
of a motor vehicle owned or leased by a person with a disability	934
that limits or impairs the ability to walk shall be accompanied by	935
a signed statement from the applicant's health care provider	936
certifying that the applicant meets at least one of the criteria	937
contained in division (A)(1) of this section and that the	938
disability is expected to continue for more than six consecutive	939
months. The application for registration of a motor vehicle that	940
has been altered for the purpose of providing it with special	941
equipment for a person with a disability that limits or impairs	942
the ability to walk but is owned by someone other than such a	943
person shall be accompanied by such documentary evidence of	944
vehicle alterations as the registrar may require by rule.	945

(2) When an organization, a person with a disability that	946
limits or impairs the ability to walk, or a person who does not	947
have a disability that limits or impairs the ability to walk but	948
owns a motor vehicle that has been altered for the purpose of	949
providing it with special equipment for a person with a disability	950
that limits or impairs the ability to walk first submits an	951
application for registration of a motor vehicle under this section	952
and every fifth year thereafter, the organization or person shall	953
submit a signed statement from the applicant's health care	954
provider, a completed application, and any required documentary	955
evidence of vehicle alterations as provided in division (B)(1) of	956
this section, and also a power of attorney from the owner of the	957
motor vehicle if the applicant leases the vehicle. Upon submission	958
of these items, the registrar or deputy registrar shall issue to	959
the applicant appropriate vehicle registration and a set of	960
license plates and validation stickers, or validation stickers	961
alone when required by section 4503.191 of the Revised Code. In	962
addition to the letters and numbers ordinarily inscribed thereon,	963
the license plates shall be imprinted with the international	964
symbol of access. The license plates and validation stickers shall	965
be issued upon payment of the regular license fee as prescribed	966
under section 4503.04 of the Revised Code and any motor vehicle	967
tax levied under Chapter 4504. of the Revised Code, and the	968
payment of a service fee equal to the amount specified in division	969
(D) or (G) of section 4503.10 of the Revised Code.	970

(C)(1) A person with a disability that limits or impairs the	971
ability to walk may apply to the registrar of motor vehicles for a	972
removable windshield placard by completing and signing an	973
application provided by the registrar. The person shall include	974
with the application a prescription from the person's health care	975
provider prescribing such a placard for the person based upon a	976
determination that the person meets at least one of the criteria	977
contained in division (A)(1) of this section. The health care	978
provider shall state on the prescription the length of time the	979
health care provider expects the applicant to have the disability	980
that limits or impairs the person's ability to walk.	981

In addition to one placard or one or more sets of license	982
plates, a person with a disability that limits or impairs the	983
ability to walk is entitled to one additional placard, but only if	984
the person applies separately for the additional placard, states	985
the reasons why the additional placard is needed, and the	986
registrar, in the registrar's discretion determines that good and	987
justifiable cause exists to approve the request for the additional	988
placard.	989

(2) An organization may apply to the registrar of motor	990
vehicles for a removable windshield placard by completing and	991
signing an application provided by the registrar. The organization	992
shall comply with any procedures the registrar establishes by	993
rule. The organization shall include with the application	994
documentary evidence that the registrar requires by rule showing	995
that the organization regularly transports persons with	996
disabilities that limit or impair the ability to walk.	997

(3) Upon receipt of a completed and signed application for a	998
removable windshield placard, the accompanying documents required	999
under division (C)(1) or (2) of this section, and payment of a	1000
service fee equal to the amount specified in division (D) or (G)	1001
of section 4503.10 of the Revised Code, the registrar or deputy	1002
registrar shall issue to the applicant a removable windshield	1003
placard, which shall bear the date of expiration on both sides of	1004
the placard and shall be valid until expired, revoked, or	1005
surrendered. Every removable windshield placard expires as	1006
described in division (C)(4) of this section, but in no case shall	1007
a removable windshield placard be valid for a period of less than	1008
sixty days. Removable windshield placards shall be renewable upon	1009
application as provided in division (C)(1) or (2) of this section	1010
and upon payment of a service fee equal to the amount specified in	1011
division (D) or (G) of section 4503.10 of the Revised Code for the	1012
renewal of a removable windshield placard. The registrar shall	1013
provide the application form and shall determine the information	1014
to be included thereon. The registrar also shall determine the	1015
form and size of the removable windshield placard, the material of	1016
which it is to be made, and any other information to be included	1017
thereon, and shall adopt rules relating to the issuance,	1018
expiration, revocation, surrender, and proper display of such	1019
placards. Any placard issued after October 14, 1999, shall be	1020
manufactured in a manner that allows the expiration date of the	1021
placard to be indicated on it through the punching, drilling,	1022
boring, or creation by any other means of holes in the placard.	1023

(4) At the time a removable windshield placard is issued to a	1024
person with a disability that limits or impairs the ability to	1025
walk, the registrar or deputy registrar shall enter into the	1026
records of the bureau of motor vehicles the last date on which the	1027
person will have that disability, as indicated on the accompanying	1028
prescription. Not less than thirty days prior to that date and all	1029
removable windshield placard renewal dates, the bureau shall send	1030
a renewal notice to that person at the person's last known address	1031
as shown in the records of the bureau, informing the person that	1032
the person's removable windshield placard will expire on the	1033
indicated date not to exceed five years from the date of issuance,	1034
and that the person is required to renew the placard by submitting	1035
to the registrar or a deputy registrar another prescription, as	1036
described in division (C)(1) or (2) of this section, and by	1037
complying with the renewal provisions prescribed in division	1038
(C)(3) of this section. If such a prescription is not received by	1039
the registrar or a deputy registrar by that date, the placard	1040
issued to that person expires and no longer is valid, and this	1041
fact shall be recorded in the records of the bureau.	1042

(5) At least once every year, on a date determined by the	1043
registrar, the bureau shall examine the records of the office of	1044
vital statistics, located within the department of health, that	1045
pertain to deceased persons, and also the bureau's records of all	1046
persons who have been issued removable windshield placards and	1047
temporary removable windshield placards. If the records of the	1048
office of vital statistics indicate that a person to whom a	1049
removable windshield placard or temporary removable windshield	1050
placard has been issued is deceased, the bureau shall cancel that	1051
placard, and note the cancellation in its records.	1052

The office of vital statistics shall make available to the	1053
bureau all information necessary to enable the bureau to comply	1054
with division (C)(5) of this section.	1055

(6) Nothing in this section shall be construed to require a	1056
person or organization to apply for a removable windshield placard	1057
or special license plates if the special license plates issued to	1058
the person or organization under prior law have not expired or	1059
been surrendered or revoked.	1060

(D)(1)(a) A person with a disability that limits or impairs	1061
the ability to walk may apply to the registrar or a deputy	1062
registrar for a temporary removable windshield placard. The	1063
application for a temporary removable windshield placard shall be	1064
accompanied by a prescription from the applicant's health care	1065
provider prescribing such a placard for the applicant, provided	1066
that the applicant meets at least one of the criteria contained in	1067
division (A)(1) of this section and that the disability is	1068
expected to continue for six consecutive months or less. The	1069
health care provider shall state on the prescription the length of	1070
time the health care provider expects the applicant to have the	1071
disability that limits or impairs the applicant's ability to walk,	1072
which cannot exceed six months from the date of the prescription.	1073
Upon receipt of an application for a temporary removable	1074
windshield placard, presentation of the prescription from the	1075
applicant's health care provider, and payment of a service fee	1076
equal to the amount specified in division (D) or (G) of section	1077
4503.10 of the Revised Code, the registrar or deputy registrar	1078
shall issue to the applicant a temporary removable windshield	1079
placard.	1080

(b) Any active-duty member of the armed forces of the United	1081
States, including the reserve components of the armed forces and	1082
the national guard, who has an illness or injury that limits or	1083
impairs the ability to walk may apply to the registrar or a deputy	1084
registrar for a temporary removable windshield placard. With the	1085
application, the person shall present evidence of the person's	1086
active-duty status and the illness or injury. Evidence of the	1087
illness or injury may include a current department of defense	1088
convalescent leave statement, any department of defense document	1089
indicating that the person currently has an ill or injured	1090
casualty status or has limited duties, or a prescription from any	1091
health care provider prescribing the placard for the applicant.	1092
Upon receipt of the application and the necessary evidence, the	1093
registrar or deputy registrar shall issue the applicant the	1094
temporary removable windshield placard without the payment of any	1095
service fee.	1096

(2) The temporary removable windshield placard shall be of	1097
the same size and form as the removable windshield placard, shall	1098
be printed in white on a red-colored background, and shall bear	1099
the word "temporary" in letters of such size as the registrar	1100
shall prescribe. A temporary removable windshield placard also	1101
shall bear the date of expiration on the front and back of the	1102
placard, and shall be valid until expired, surrendered, or	1103
revoked, but in no case shall such a placard be valid for a period	1104
of less than sixty days. The registrar shall provide the	1105
application form and shall determine the information to be	1106
included on it, provided that the registrar shall not require a	1107
health care provider's prescription or certification for a person	1108
applying under division (D)(1)(b) of this section. The registrar	1109
also shall determine the material of which the temporary removable	1110
windshield placard is to be made and any other information to be	1111
included on the placard and shall adopt rules relating to the	1112
issuance, expiration, surrender, revocation, and proper display of	1113
those placards. Any temporary removable windshield placard issued	1114
after October 14, 1999, shall be manufactured in a manner that	1115
allows for the expiration date of the placard to be indicated on	1116
it through the punching, drilling, boring, or creation by any	1117
other means of holes in the placard.	1118

(E) If an applicant for a removable windshield placard is a	1119
veteran of the armed forces of the United States whose disability,	1120
as defined in division (A)(1) of this section, is	1121
service-connected, the registrar or deputy registrar, upon receipt	1122
of the application, presentation of a signed statement from the	1123
applicant's health care provider certifying the applicant's	1124
disability, and presentation of such documentary evidence from the	1125
department of veterans affairs that the disability of the	1126
applicant meets at least one of the criteria identified in	1127
division (A)(1) of this section and is service-connected as the	1128
registrar may require by rule, but without the payment of any	1129
service fee, shall issue the applicant a removable windshield	1130
placard that is valid until expired, surrendered, or revoked.	1131

(F) Upon a conviction of a violation of division (H) or (I)	1132
of this section, the court shall report the conviction, and send	1133
the placard, if available, to the registrar, who thereupon shall	1134
revoke the privilege of using the placard and send notice in	1135
writing to the placardholder at that holder's last known address	1136
as shown in the records of the bureau, and the placardholder shall	1137
return the placard if not previously surrendered to the court, to	1138
the registrar within ten days following mailing of the notice.	1139

Whenever a person to whom a removable windshield placard has	1140
been issued moves to another state, the person shall surrender the	1141
placard to the registrar; and whenever an organization to which a	1142
placard has been issued changes its place of operation to another	1143
state, the organization shall surrender the placard to the	1144
registrar.	1145

(G) Subject to division (F) of section 4511.69 of the Revised	1146
Code, the operator of a motor vehicle displaying a removable	1147
windshield placard, temporary removable windshield placard, or the	1148
special license plates authorized by this section is entitled to	1149
park the motor vehicle in any special parking location reserved	1150
for persons with disabilities that limit or impair the ability to	1151
walk, also known as handicapped parking spaces or disability	1152
parking spaces.	1153

(H) No person or organization that is not eligible for the	1154
issuance of license plates or any placard under this section shall	1155
willfully and falsely represent that the person or organization is	1156
so eligible.	1157

No person or organization shall display license plates issued	1158
under this section unless the license plates have been issued for	1159
the vehicle on which they are displayed and are valid.	1160

(I) No person or organization to which a removable windshield	1161
placard or temporary removable windshield placard is issued shall	1162
do either of the following:	1163

(1) Display or permit the display of the placard on any motor	1164
vehicle when having reasonable cause to believe the motor vehicle	1165
is being used in connection with an activity that does not include	1166
providing transportation for persons with disabilities that limit	1167
or impair the ability to walk;	1168

(2) Refuse to return or surrender the placard, when required.

1169

(J) If a removable windshield placard, temporary removable	1170
windshield placard, or parking card is lost, destroyed, or	1171
mutilated, the placardholder or cardholder may obtain a duplicate	1172
by doing both of the following:	1173

(1) Furnishing suitable proof of the loss, destruction, or	1174
mutilation to the registrar;	1175

(2) Paying a service fee equal to the amount specified in	1176
division (D) or (G) of section 4503.10 of the Revised Code.	1177

Any placardholder or cardholder who loses a placard or card	1178
and, after obtaining a duplicate, finds the original, immediately	1179
shall surrender the original placard or card to the registrar.	1180

(K)(1) The registrar shall pay all fees received under this	1181
section for the issuance of removable windshield placards or	1182
temporary removable windshield placards or duplicate removable	1183
windshield placards or cards into the state treasury to the credit	1184
of the state bureau of motor vehicles fund created in section	1185
4501.25 of the Revised Code.	1186

(2) In addition to the fees collected under this section, the	1187
registrar or deputy registrar shall ask each person applying for a	1188
removable windshield placard or temporary removable windshield	1189
placard or duplicate removable windshield placard or license plate	1190
issued under this section, whether the person wishes to make a	1191
two-dollar voluntary contribution to support rehabilitation	1192
employment services. The registrar shall transmit the	1193
contributions received under this division to the treasurer of	1194
state for deposit into the rehabilitation employment fund, which	1195
is hereby created in the state treasury. A deputy registrar shall	1196
transmit the contributions received under this division to the	1197
registrar in the time and manner prescribed by the registrar. The	1198
contributions in the fund shall be used by the opportunities for	1199
Ohioans with disabilities agency to purchase services related to	1200
vocational evaluation, work adjustment, personal adjustment, job	1201
placement, job coaching, and community-based assessment from	1202
accredited community rehabilitation program facilities.	1203

(L) For purposes of enforcing this section, every peace	1204
officer is deemed to be an agent of the registrar. Any peace	1205
officer or any authorized employee of the bureau of motor vehicles	1206
who, in the performance of duties authorized by law, becomes aware	1207
of a person whose placard or parking card has been revoked	1208
pursuant to this section, may confiscate that placard or parking	1209
card and return it to the registrar. The registrar shall prescribe	1210
any forms used by law enforcement agencies in administering this	1211
section.	1212

No peace officer, law enforcement agency employing a peace	1213
officer, or political subdivision or governmental agency employing	1214
a peace officer, and no employee of the bureau is liable in a	1215
civil action for damages or loss to persons arising out of the	1216
performance of any duty required or authorized by this section. As	1217
used in this division, "peace officer" has the same meaning as in	1218
division (B) of section 2935.01 of the Revised Code.	1219

(M) All applications for registration of motor vehicles,	1220
removable windshield placards, and temporary removable windshield	1221
placards issued under this section, all renewal notices for such	1222
items, and all other publications issued by the bureau that relate	1223
to this section shall set forth the criminal penalties that may be	1224
imposed upon a person who violates any provision relating to	1225
special license plates issued under this section, the parking of	1226
vehicles displaying such license plates, and the issuance,	1227
procurement, use, and display of removable windshield placards and	1228
temporary removable windshield placards issued under this section.	1229

(N) Whoever violates this section is guilty of a misdemeanor	1230
of the fourth degree.	1231

Sec. 4723.01. As used in this chapter:

1232

(A) "Registered nurse" means an individual who holds a	1233
current, valid license issued under this chapter that authorizes	1234
the practice of nursing as a registered nurse.	1235

(B) "Practice of nursing as a registered nurse" means	1236
providing to individuals and groups nursing care requiring	1237
specialized knowledge, judgment, and skill derived from the	1238
principles of biological, physical, behavioral, social, and	1239
nursing sciences. Such nursing care includes:	1240

(1) Identifying patterns of human responses to actual or	1241
potential health problems amenable to a nursing regimen;	1242

(2) Executing a nursing regimen through the selection,	1243
performance, management, and evaluation of nursing actions;	1244

(3) Assessing health status for the purpose of providing	1245
nursing care;	1246

(4) Providing health counseling and health teaching;

1247

(5) Administering medications, treatments, and executing	1248
regimens authorized by an individual who is authorized to practice	1249
in this state and is acting within the course of the individual's	1250
professional practice;	1251

(6) Teaching, administering, supervising, delegating, and	1252
evaluating nursing practice.	1253

(C) "Nursing regimen" may include preventative, restorative,	1254
and health-promotion activities.	1255

(D) "Assessing health status" means the collection of data	1256
through nursing assessment techniques, which may include	1257
interviews, observation, and physical evaluations for the purpose	1258
of providing nursing care.	1259

(E) "Licensed practical nurse" means an individual who holds	1260
a current, valid license issued under this chapter that authorizes	1261
the practice of nursing as a licensed practical nurse.	1262

(F) "The practice of nursing as a licensed practical nurse"	1263
means providing to individuals and groups nursing care requiring	1264
the application of basic knowledge of the biological, physical,	1265
behavioral, social, and nursing sciences at the direction of any	1266
of the following who is authorized to practice in this state: a	1267
~~licensed~~ physician, physician assistant, dentist, podiatrist,	1268
optometrist, chiropractor, or registered nurse. Such nursing care	1269
includes:	1270

(1) Observation, patient teaching, and care in a diversity of	1271
health care settings;	1272

(2) Contributions to the planning, implementation, and	1273
evaluation of nursing;	1274

(3) Administration of medications and treatments authorized	1275
by an individual who is authorized to practice in this state and	1276
is acting within the course of the individual's professional	1277
practice on the condition that the licensed practical nurse is	1278
authorized under section 4723.17 of the Revised Code to administer	1279
medications;	1280

(4) Administration to an adult of intravenous therapy	1281
authorized by an individual who is authorized to practice in this	1282
state and is acting within the course of the individual's	1283
professional practice, on the condition that the licensed	1284
practical nurse is authorized under section 4723.18 or 4723.181 of	1285
the Revised Code to perform intravenous therapy and performs	1286
intravenous therapy only in accordance with those sections;	1287

(5) Delegation of nursing tasks as directed by a registered	1288
nurse;	1289

(6) Teaching nursing tasks to licensed practical nurses and	1290
individuals to whom the licensed practical nurse is authorized to	1291
delegate nursing tasks as directed by a registered nurse.	1292

(G) "Certified registered nurse anesthetist" means a	1293
registered nurse who holds a valid certificate of authority issued	1294
under this chapter that authorizes the practice of nursing as a	1295
certified registered nurse anesthetist in accordance with section	1296
4723.43 of the Revised Code and rules adopted by the board of	1297
nursing.	1298

(H) "Clinical nurse specialist" means a registered nurse who	1299
holds a valid certificate of authority issued under this chapter	1300
that authorizes the practice of nursing as a clinical nurse	1301
specialist in accordance with section 4723.43 of the Revised Code	1302
and rules adopted by the board of nursing.	1303

(I) "Certified nurse-midwife" means a registered nurse who	1304
holds a valid certificate of authority issued under this chapter	1305
that authorizes the practice of nursing as a certified	1306
nurse-midwife in accordance with section 4723.43 of the Revised	1307
Code and rules adopted by the board of nursing.	1308

(J) "Certified nurse practitioner" means a registered nurse	1309
who holds a valid certificate of authority issued under this	1310
chapter that authorizes the practice of nursing as a certified	1311
nurse practitioner in accordance with section 4723.43 of the	1312
Revised Code and rules adopted by the board of nursing.	1313

(K) "Physician" means an individual authorized under Chapter	1314
4731. of the Revised Code to practice medicine and surgery or	1315
osteopathic medicine and surgery.	1316

(L) "Collaboration" or "collaborating" means the following:

1317

(1) In the case of a clinical nurse specialist, except as	1318
provided in division (L)(3) of this section, or a certified nurse	1319
practitioner, that one or more podiatrists acting within the scope	1320
of practice of podiatry in accordance with section 4731.51 of the	1321
Revised Code and with whom the nurse has entered into a standard	1322
care arrangement or one or more physicians with whom the nurse has	1323
entered into a standard care arrangement are continuously	1324
available to communicate with the clinical nurse specialist or	1325
certified nurse practitioner either in person or by radio,	1326
telephone, or other form of telecommunication;	1327

(2) In the case of a certified nurse-midwife, that one or	1328
more physicians with whom the certified nurse-midwife has entered	1329
into a standard care arrangement are continuously available to	1330
communicate with the certified nurse-midwife either in person or	1331
by radio, telephone, or other form of telecommunication;	1332

(3) In the case of a clinical nurse specialist who practices	1333
the nursing specialty of mental health or psychiatric mental	1334
health without being authorized to prescribe drugs and therapeutic	1335
devices, that one or more physicians are continuously available to	1336
communicate with the nurse either in person or by radio,	1337
telephone, or other form of telecommunication.	1338

(M) "Supervision," as it pertains to a certified registered	1339
nurse anesthetist, means that the certified registered nurse	1340
anesthetist is under the direction of a podiatrist acting within	1341
the podiatrist's scope of practice in accordance with section	1342
4731.51 of the Revised Code, a dentist acting within the dentist's	1343
scope of practice in accordance with Chapter 4715. of the Revised	1344
Code, or a physician, and, when administering anesthesia, the	1345
certified registered nurse anesthetist is in the immediate	1346
presence of the podiatrist, dentist, or physician.	1347

(N) "Standard care arrangement" means a written, formal guide	1348
for planning and evaluating a patient's health care that is	1349
developed by one or more collaborating physicians or podiatrists	1350
and a clinical nurse specialist, certified nurse-midwife, or	1351
certified nurse practitioner and meets the requirements of section	1352
4723.431 of the Revised Code.	1353

(O) "Advanced practice registered nurse" means a certified	1354
registered nurse anesthetist, clinical nurse specialist, certified	1355
nurse-midwife, or certified nurse practitioner.	1356

(P) "Dialysis care" means the care and procedures that a	1357
dialysis technician or dialysis technician intern is authorized to	1358
provide and perform, as specified in section 4723.72 of the	1359
Revised Code.	1360

(Q) "Dialysis technician" means an individual who holds a	1361
current, valid certificate to practice as a dialysis technician	1362
issued under section 4723.75 of the Revised Code.	1363

(R) "Dialysis technician intern" means an individual who	1364
holds a current, valid certificate to practice as a dialysis	1365
technician intern issued under section 4723.75 of the Revised	1366
Code.	1367

(S) "Certified community health worker" means an individual	1368
who holds a current, valid certificate as a community health	1369
worker issued under section 4723.85 of the Revised Code.	1370

(T) "Medication aide" means an individual who holds a	1371
current, valid certificate issued under this chapter that	1372
authorizes the individual to administer medication in accordance	1373
with section 4723.67 of the Revised Code.	1374

Sec. 4723.06. (A) The board of nursing shall:

1375

(1) Administer and enforce the provisions of this chapter,	1376
including the taking of disciplinary action for violations of	1377
section 4723.28 of the Revised Code, any other provisions of this	1378
chapter, or rules adopted under this chapter;	1379

(2) Develop criteria that an applicant must meet to be	1380
eligible to sit for the examination for licensure to practice as a	1381
registered nurse or as a licensed practical nurse;	1382

(3) Issue and renew nursing licenses, dialysis technician	1383
certificates, and community health worker certificates, as	1384
provided in this chapter;	1385

(4) Define the minimum standards for educational programs of	1386
the schools of registered nursing and schools of practical nursing	1387
in this state;	1388

(5) Survey, inspect, and grant full approval to prelicensure	1389
nursing education programs in this state that meet the standards	1390
established by rules adopted under section 4723.07 of the Revised	1391
Code. Prelicensure nursing education programs include, but are not	1392
limited to, diploma, associate degree, baccalaureate degree,	1393
master's degree, and doctor of nursing programs leading to initial	1394
licensure to practice nursing as a registered nurse and practical	1395
nurse programs leading to initial licensure to practice nursing as	1396
a licensed practical nurse.	1397

(6) Grant conditional approval, by a vote of a quorum of the	1398
board, to a new prelicensure nursing education program or a	1399
program that is being reestablished after having ceased to	1400
operate, if the program meets and maintains the minimum standards	1401
of the board established by rules adopted under section 4723.07 of	1402
the Revised Code. If the board does not grant conditional	1403
approval, it shall hold an adjudication under Chapter 119. of the	1404
Revised Code to consider conditional approval of the program. If	1405
the board grants conditional approval, at the first meeting	1406
following completion of the survey process required by division	1407
(A)(5) of this section, the board shall determine whether to grant	1408
full approval to the program. If the board does not grant full	1409
approval or if it appears that the program has failed to meet and	1410
maintain standards established by rules adopted under section	1411
4723.07 of the Revised Code, the board shall hold an adjudication	1412
under Chapter 119. of the Revised Code to consider the program.	1413
Based on results of the adjudication, the board may continue or	1414
withdraw conditional approval, or grant full approval.	1415

(7) Place on provisional approval, for a period of time	1416
specified by the board, a program that has ceased to meet and	1417
maintain the minimum standards of the board established by rules	1418
adopted under section 4723.07 of the Revised Code. Prior to or at	1419
the end of the period, the board shall reconsider whether the	1420
program meets the standards and shall grant full approval if it	1421
does. If it does not, the board may withdraw approval, pursuant to	1422
an adjudication under Chapter 119. of the Revised Code.	1423

(8) Approve continuing education programs and courses under	1424
standards established in rules adopted under sections 4723.07,	1425
4723.69, 4723.79, and 4723.88 of the Revised Code;	1426

(9) Establish a program for monitoring chemical dependency in	1427
accordance with section 4723.35 of the Revised Code;	1428

(10) Establish the practice intervention and improvement	1429
program in accordance with section 4723.282 of the Revised Code;	1430

(11) Issue and renew certificates of authority to practice	1431
nursing as a certified registered nurse anesthetist, clinical	1432
nurse specialist, certified nurse-midwife, or certified nurse	1433
practitioner;	1434

(12) Approve under section 4723.46 of the Revised Code	1435
national certifying organizations for examination and	1436
certification of certified registered nurse anesthetists, clinical	1437
nurse specialists, certified nurse-midwives, or certified nurse	1438
practitioners;	1439

(13) Issue and renew certificates to prescribe in accordance	1440
with sections 4723.48 and 4723.486 of the Revised Code;	1441

(14) Grant approval to the ~~planned classroom and clinical~~	1442
course of study in advanced pharmacology and related topics	1443
required by section 4723.482 of the Revised Code to be eligible	1444
for a certificate to prescribe;	1445

(15) Make an annual edition of the formulary established in	1446
rules adopted under section 4723.50 of the Revised Code available	1447
to the public either in printed form or by electronic means and,	1448
as soon as possible after any revision of the formulary becomes	1449
effective, make the revision available to the public in printed	1450
form or by electronic means;	1451

(16) Provide guidance and make recommendations to the general	1452
assembly, the governor, state agencies, and the federal government	1453
with respect to the regulation of the practice of nursing and the	1454
enforcement of this chapter;	1455

(17) Make an annual report to the governor, which shall be	1456
open for public inspection;	1457

(18) Maintain and have open for public inspection the	1458
following records:	1459

(a) A record of all its meetings and proceedings;

1460

(b) A record of all applicants for, and holders of, licenses	1461
and certificates issued by the board under this chapter or in	1462
accordance with rules adopted under this chapter. The record shall	1463
be maintained in a format determined by the board.	1464

(c) A list of education and training programs approved by the	1465
board.	1466

(19) Deny approval to a person who submits or causes to be	1467
submitted false, misleading, or deceptive statements, information,	1468
or documentation to the board in the process of applying for	1469
approval of a new education or training program. If the board	1470
proposes to deny approval of a new education or training program,	1471
it shall do so pursuant to an adjudication conducted under Chapter	1472
119. of the Revised Code.	1473

(B) The board may fulfill the requirement of division (A)(8)	1474
of this section by authorizing persons who meet the standards	1475
established in rules adopted under section 4723.07 of the Revised	1476
Code to approve continuing education programs and courses. Persons	1477
so authorized shall approve continuing education programs and	1478
courses in accordance with standards established in rules adopted	1479
under section 4723.07 of the Revised Code.	1480

Persons seeking authorization to approve continuing education	1481
programs and courses shall apply to the board and pay the	1482
appropriate fee established under section 4723.08 of the Revised	1483
Code. Authorizations to approve continuing education programs and	1484
courses shall expire, and may be renewed according to the schedule	1485
established in rules adopted under section 4723.07 of the Revised	1486
Code.	1487

In addition to approving continuing education programs under	1488
division (A)(8) of this section, the board may sponsor continuing	1489
education activities that are directly related to the statutes and	1490
rules the board enforces.	1491

Sec. 4723.07. In accordance with Chapter 119. of the Revised	1492
Code, the board of nursing shall adopt and may amend and rescind	1493
rules that establish all of the following:	1494

(A) Provisions for the board's government and control of its	1495
actions and business affairs;	1496

(B) Minimum standards for nursing education programs that	1497
prepare graduates to be licensed under this chapter and procedures	1498
for granting, renewing, and withdrawing approval of those	1499
programs;	1500

(C) Criteria that applicants for licensure must meet to be	1501
eligible to take examinations for licensure;	1502

(D) Standards and procedures for renewal of the licenses and	1503
certificates issued by the board;	1504

(E) Standards for approval of continuing nursing education	1505
programs and courses for registered nurses, licensed practical	1506
nurses, certified registered nurse anesthetists, clinical nurse	1507
specialists, certified nurse-midwives, and certified nurse	1508
practitioners. The standards may provide for approval of	1509
continuing nursing education programs and courses that have been	1510
approved by other state boards of nursing or by national	1511
accreditation systems for nursing, including, but not limited to,	1512
the American nurses' credentialing center and the national	1513
association for practical nurse education and service.	1514

(F) Standards that persons must meet to be authorized by the	1515
board to approve continuing education programs and courses and a	1516
schedule by which that authorization expires and may be renewed;	1517

(G) Requirements, including continuing education	1518
requirements, for reactivating inactive licenses or certificates,	1519
and for reinstating licenses or certificates that have lapsed;	1520

(H) Conditions that may be imposed for reinstatement of a	1521
license or certificate following action taken under section	1522
3123.47, 4723.28, 4723.281, 4723.652, or 4723.86 of the Revised	1523
Code resulting in a license or certificate suspension;	1524

(I) Requirements for board approval of courses in medication	1525
administration by licensed practical nurses;	1526

(J) Criteria for evaluating the qualifications of an	1527
applicant for a license to practice nursing as a registered nurse,	1528
a license to practice nursing as a licensed practical nurse, or a	1529
certificate of authority issued under division (B) of section	1530
4723.41 of the Revised Code for the purpose of issuing the license	1531
or certificate by the board's endorsement of the applicant's	1532
authority to practice issued by the licensing agency of another	1533
state;	1534

(K) Universal and standard precautions that shall be used by	1535
each licensee or certificate holder. The rules shall define and	1536
establish requirements for universal and standard precautions that	1537
include the following:	1538

(1) Appropriate use of hand washing;

1539

(2) Disinfection and sterilization of equipment;

1540

(3) Handling and disposal of needles and other sharp	1541
instruments;	1542

(4) Wearing and disposal of gloves and other protective	1543
garments and devices.	1544

(L) Standards and procedures for approving certificates of	1545
authority to practice nursing as a certified registered nurse	1546
anesthetist, clinical nurse specialist, certified nurse-midwife,	1547
or certified nurse practitioner, and for renewal of those	1548
certificates;	1549

(M) Quality assurance standards for certified registered	1550
nurse anesthetists, clinical nurse specialists, certified	1551
nurse-midwives, or certified nurse practitioners;	1552

(N) Additional criteria for the standard care arrangement	1553
required by section 4723.431 of the Revised Code entered into by a	1554
clinical nurse specialist, certified nurse-midwife, or certified	1555
nurse practitioner and the nurse's collaborating physician or	1556
podiatrist;	1557

(O) Continuing education standards for clinical nurse	1558
specialists who were issued a certificate of authority to practice	1559
as a clinical nurse specialist under division (C) of section	1560
4723.41 of the Revised Code as that division existed at any time	1561
before ~~the effective date of this amendment~~March 20, 2013;	1562

(P) For purposes of division (B)(31) of section 4723.28 of	1563
the Revised Code, the actions, omissions, or other circumstances	1564
that constitute failure to establish and maintain professional	1565
boundaries with a patient;	1566

(Q) Standards and procedures for delegation under division	1567
(C) of section 4723.48 of the Revised Code of the authority to	1568
administer drugs.	1569

The board may adopt other rules necessary to carry out the	1570
provisions of this chapter. The rules shall be adopted in	1571
accordance with Chapter 119. of the Revised Code.	1572

Sec. 4723.18. (A) The board of nursing shall authorize a	1573
licensed practical nurse to administer to an adult intravenous	1574
therapy if the nurse supplies evidence satisfactory to the board	1575
that all of the following are the case:	1576

(1) The nurse holds a current, valid license issued under	1577
this chapter to practice nursing as a licensed practical nurse.	1578

(2) The nurse has been authorized under section ~~4723.18~~	1579
4723.17 of the Revised Code to administer medications.	1580

(3) The nurse successfully completed a course of study in the	1581
safe performance of intravenous therapy approved by the board	1582
pursuant to section 4723.19 of the Revised Code or by an agency in	1583
another jurisdiction that regulates the practice of nursing and	1584
has requirements for intravenous therapy course approval that are	1585
substantially similar to the requirements in division (B) of	1586
section 4723.19 of the Revised Code, as determined by the board.	1587

(4) The nurse has successfully completed a minimum of forty	1588
hours of training that includes all of the following:	1589

(a) The curriculum established by rules adopted by the board;

1590

(b) Training in the anatomy and physiology of the	1591
cardiovascular system, signs and symptoms of local and systemic	1592
complications in the administration of fluids and antibiotic	1593
additives, and guidelines for management of these complications;	1594

(c) Any other training or instruction the board considers	1595
appropriate;	1596

(d) A testing component that requires the nurse to perform a	1597
successful demonstration of the intravenous procedures, including	1598
all skills needed to perform them safely.	1599

(B) Except as provided in section 4723.181 of the Revised	1600
Code and subject to the restrictions in division (D) of this	1601
section, a licensed practical nurse may perform intravenous	1602
therapy on an adult patient only if authorized by the board	1603
pursuant to division (A) of this section and only at the direction	1604
of one of the following:	1605

(1) A ~~licensed~~ physician, physician assistant, dentist,	1606
optometrist, or podiatrist who is authorized to practice in this	1607
state and, except as provided in division (C)(2) of this section,	1608
is present and readily available at the facility where the	1609
intravenous therapy procedure is performed;	1610

(2) A registered nurse in accordance with division (C) of	1611
this section.	1612

(C)(1) Except as provided in division (C)(2) of this section	1613
and section 4723.181 of the Revised Code, when a licensed	1614
practical nurse authorized by the board to perform intravenous	1615
therapy performs an intravenous therapy procedure at the direction	1616
of a registered nurse, the registered nurse or another registered	1617
nurse shall be readily available at the site where the intravenous	1618
therapy is performed, and before the licensed practical nurse	1619
initiates the intravenous therapy, the registered nurse shall	1620
personally perform an on-site assessment of the adult patient who	1621
is to receive the intravenous therapy.	1622

(2) When a licensed practical nurse authorized by the board	1623
to perform intravenous therapy performs an intravenous therapy	1624
procedure in a home as defined in section 3721.10 of the Revised	1625
Code, or in an intermediate care facility for individuals with	1626
intellectual disabilities as defined in section 5124.01 of the	1627
Revised Code, at the direction of a registered nurse or ~~licensed~~	1628
physician, physician assistant, dentist, optometrist, or	1629
podiatrist who is authorized to practice in this state, a	1630
registered nurse shall be on the premises of the home or facility	1631
or accessible by some form of telecommunication.	1632

(D) No licensed practical nurse shall perform any of the	1633
following intravenous therapy procedures:	1634

(1) Initiating or maintaining any of the following:

1635

(a) Blood or blood components;

1636

(b) Solutions for total parenteral nutrition;

1637

(c) Any cancer therapeutic medication including, but not	1638
limited to, cancer chemotherapy or an anti-neoplastic agent;	1639

(d) Solutions administered through any central venous line or	1640
arterial line or any other line that does not terminate in a	1641
peripheral vein, except that a licensed practical nurse authorized	1642
by the board to perform intravenous therapy may maintain the	1643
solutions specified in division (D)(6)(a) of this section that are	1644
being administered through a central venous line or peripherally	1645
inserted central catheter;	1646

(e) Any investigational or experimental medication.

1647

(2) Initiating intravenous therapy in any vein, except that a	1648
licensed practical nurse authorized by the board to perform	1649
intravenous therapy may initiate intravenous therapy in accordance	1650
with this section in a vein of the hand, forearm, or antecubital	1651
fossa;	1652

(3) Discontinuing a central venous, arterial, or any other	1653
line that does not terminate in a peripheral vein;	1654

(4) Initiating or discontinuing a peripherally inserted	1655
central catheter;	1656

(5) Mixing, preparing, or reconstituting any medication for	1657
intravenous therapy, except that a licensed practical nurse	1658
authorized by the board to perform intravenous therapy may prepare	1659
or reconstitute an antibiotic additive;	1660

(6) Administering medication via the intravenous route,	1661
including all of the following activities:	1662

(a) Adding medication to an intravenous solution or to an	1663
existing infusion, except that a licensed practical nurse	1664
authorized by the board to perform intravenous therapy may do any	1665
of the following:	1666

(i) Initiate an intravenous infusion containing one or more	1667
of the following elements: dextrose 5%, normal saline, lactated	1668
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	1669
water;	1670

(ii) Hang subsequent containers of the intravenous solutions	1671
specified in division (D)(6)(a)(i) of this section that contain	1672
vitamins or electrolytes, if a registered nurse initiated the	1673
infusion of that same intravenous solution;	1674

(iii) Initiate or maintain an intravenous infusion containing	1675
an antibiotic additive.	1676

(b) Injecting medication via a direct intravenous route,	1677
except that a licensed practical nurse authorized by the board to	1678
perform intravenous therapy may inject heparin or normal saline to	1679
flush an intermittent infusion device or heparin lock including,	1680
but not limited to, bolus or push.	1681

(7) Changing tubing on any line including, but not limited	1682
to, an arterial line or a central venous line, except that a	1683
licensed practical nurse authorized by the board to perform	1684
intravenous therapy may change tubing on an intravenous line that	1685
terminates in a peripheral vein;	1686

(8) Programming or setting any function of a patient	1687
controlled infusion pump.	1688

(E) Notwithstanding divisions (A) and (D) of this section, at	1689
the direction of a physician or a registered nurse, a licensed	1690
practical nurse authorized by the board to perform intravenous	1691
therapy may perform the following activities for the purpose of	1692
performing dialysis:	1693

(1) The routine administration and regulation of saline	1694
solution for the purpose of maintaining an established fluid plan;	1695

(2) The administration of a heparin dose intravenously;

1696

(3) The administration of a heparin dose peripherally via a	1697
fistula needle;	1698

(4) The loading and activation of a constant infusion pump;

1699

(5) The intermittent injection of a dose of medication that	1700
is administered via the hemodialysis blood circuit and through the	1701
patient's venous access.	1702

(F) No person shall employ or direct a licensed practical	1703
nurse to perform an intravenous therapy procedure without first	1704
verifying that the licensed practical nurse is authorized by the	1705
board to perform intravenous therapy.	1706

Sec. 4723.181. (A) A licensed practical nurse may perform on	1707
any person any of the intravenous therapy procedures specified in	1708
division (B) of this section without receiving authorization to	1709
perform intravenous therapy from the board of nursing under	1710
section 4723.18 of the Revised Code, if both of the following	1711
apply:	1712

(1) The licensed practical nurse acts at the direction of a	1713
registered nurse or a ~~licensed~~ physician, physician assistant,	1714
dentist, optometrist, or podiatrist who is authorized to practice	1715
in this state and the registered nurse, physician, physician	1716
assistant, dentist, optometrist, or podiatrist is on the premises	1717
where the procedure is to be performed or accessible by some form	1718
of telecommunication.	1719

(2) The licensed practical nurse can demonstrate the	1720
knowledge, skills, and ability to perform the procedure safely.	1721

(B) The intravenous therapy procedures that a licensed	1722
practical nurse may perform pursuant to division (A) of this	1723
section are limited to the following:	1724

(1) Verification of the type of peripheral intravenous	1725
solution being administered;	1726

(2) Examination of a peripheral infusion site and the	1727
extremity for possible infiltration;	1728

(3) Regulation of a peripheral intravenous infusion according	1729
to the prescribed flow rate;	1730

(4) Discontinuation of a peripheral intravenous device at the	1731
appropriate time;	1732

(5) Performance of routine dressing changes at the insertion	1733
site of a peripheral venous or arterial infusion, peripherally	1734
inserted central catheter infusion, or central venous pressure	1735
subclavian infusion.	1736

Sec. 4723.48. (A) A clinical nurse specialist, certified	1737
nurse-midwife, or certified nurse practitioner seeking authority	1738
to prescribe drugs and therapeutic devices shall file with the	1739
board of nursing a written application for a certificate to	1740
prescribe. The board of nursing shall issue a certificate to	1741
prescribe to each applicant who meets the requirements specified	1742
in section 4723.482 or 4723.485 of the Revised Code.	1743

Except as provided in division (B) of this section, the	1744
initial certificate to prescribe that the board issues to an	1745
applicant shall be issued as an externship certificate. Under an	1746
externship certificate, the nurse may obtain experience in	1747
prescribing drugs and therapeutic devices by participating in an	1748
externship that evaluates the nurse's competence, knowledge, and	1749
skill in pharmacokinetic principles and their clinical application	1750
to the specialty being practiced. During the externship, the nurse	1751
may prescribe drugs and therapeutic devices only when one or more	1752
physicians are providing supervision in accordance with rules	1753
adopted under section 4723.50 of the Revised Code.	1754

After completing the externship, the holder of an externship	1755
certificate may apply for a new certificate to prescribe. On	1756
receipt of the new certificate, the nurse may prescribe drugs and	1757
therapeutic devices in collaboration with one or more physicians	1758
or podiatrists.	1759

(B) In the case of an applicant who meets the requirements of	1760
division (C) of section 4723.482 of the Revised Code, the initial	1761
certificate to prescribe that the board issues to the applicant	1762
under this section shall not be an externship certificate. The	1763
applicant shall be issued a certificate to prescribe that permits	1764
the recipient to prescribe drugs and therapeutic devices in	1765
collaboration with one or more physicians or podiatrists.	1766

(C)(1) The holder of a certificate issued under this section	1767
may delegate to a person not otherwise authorized to administer	1768
drugs the authority to administer a drug, other than a controlled	1769
substance, listed in the formulary established under division	1770
(B)(1) of section 4723.50 of the Revised Code to a specified	1771
patient. The delegation shall be in accordance with division	1772
(C)(2) of this section and standards and procedures established in	1773
rules adopted under division (O) of section 4723.07 of the Revised	1774
Code.	1775

(2) Prior to delegating authority, the certificate holder	1776
shall do both of the following:	1777

(a) Assess the patient and determine that the drug is	1778
appropriate for the patient;	1779

(b) Determine that the person to whom the authority will be	1780
delegated has met the conditions specified in division (D) of	1781
section 4723.489 of the Revised Code.	1782

Sec. 4723.482. (A) Except as provided in divisions (C) and	1783
(D) of this section, an applicant shall include with the	1784
application submitted under section 4723.48 of the Revised Code	1785
all of the following:	1786

(1) Evidence of holding a current, valid certificate of	1787
authority to practice as a clinical nurse specialist, certified	1788
nurse-midwife, or certified nurse practitioner that was issued by	1789
meeting the requirements of division (A) of section 4723.41 of the	1790
Revised Code;	1791

(2) Evidence of successfully completing the course of study	1792
in advanced pharmacology and related topics in accordance with the	1793
requirements specified in division (B) of this section;	1794

(3) The fee required by section 4723.08 of the Revised Code	1795
for a certificate to prescribe;	1796

(4) Any additional information the board of nursing requires	1797
pursuant to rules adopted under section 4723.50 of the Revised	1798
Code.	1799

(B) With respect to the course of study in advanced	1800
pharmacology and related topics that must be successfully	1801
completed to obtain a certificate to prescribe, all of the	1802
following requirements apply:	1803

(1) The course of study shall be completed not longer than	1804
three years before the application for the certificate to	1805
prescribe is filed.	1806

(2) ~~Except as provided in division (E) of this section, the~~	1807
~~course of study shall consist of planned classroom and clinical~~	1808
~~instruction.~~ The ~~total length of the~~ course of study shall be not	1809
less than forty-five contact hours.	1810

(3) The course of study shall meet the requirements to be	1811
approved by the board in accordance with standards established in	1812
rules adopted under section 4723.50 of the Revised Code.	1813

(4) The content of the course of study shall be specific to	1814
the applicant's nursing specialty.	1815

(5) The instruction provided in the course of study shall	1816
include all of the following:	1817

(a) A minimum of thirty-six contact hours of instruction in	1818
advanced pharmacology that includes pharmacokinetic principles and	1819
clinical application and the use of drugs and therapeutic devices	1820
in the prevention of illness and maintenance of health;	1821

(b) Instruction in the fiscal and ethical implications of	1822
prescribing drugs and therapeutic devices;	1823

(c) Instruction in the state and federal laws that apply to	1824
the authority to prescribe;	1825

(d) Instruction that is specific to schedule II controlled	1826
substances, including instruction in all of the following:	1827

(i) Indications for the use of schedule II controlled	1828
substances in drug therapies;	1829

(ii) The most recent guidelines for pain management	1830
therapies, as established by state and national organizations such	1831
as the Ohio pain initiative and the American pain society;	1832

(iii) Fiscal and ethical implications of prescribing schedule	1833
II controlled substances;	1834

(iv) State and federal laws that apply to the authority to	1835
prescribe schedule II controlled substances;	1836

(v) Prevention of abuse and diversion of schedule II	1837
controlled substances, including identification of the risk of	1838
abuse and diversion, recognition of abuse and diversion, types of	1839
assistance available for prevention of abuse and diversion, and	1840
methods of establishing safeguards against abuse and diversion.	1841

(e) Any additional instruction required pursuant to rules	1842
adopted under section 4723.50 of the Revised Code.	1843

(C) An applicant who practiced or is practicing as a clinical	1844
nurse specialist, certified nurse-midwife, or certified nurse	1845
practitioner in another jurisdiction or as an employee of the	1846
United States government, and is not seeking authority to	1847
prescribe drugs and therapeutic devices by meeting the	1848
requirements of division (A) or (D) of this section, shall include	1849
with the application submitted under section 4723.48 of the	1850
Revised Code all of the following:	1851

(1) Evidence of holding a current, valid certificate of	1852
authority issued under this chapter to practice as a clinical	1853
nurse specialist, certified nurse-midwife, or certified nurse	1854
practitioner;	1855

(2) The fee required by section 4723.08 of the Revised Code	1856
for a certificate to prescribe;	1857

(3) Either of the following:

1858

(a) Evidence of having held, for a continuous period of at	1859
least one year during the three years immediately preceding the	1860
date of application, valid authority issued by another	1861
jurisdiction to prescribe therapeutic devices and drugs, including	1862
at least some controlled substances;	1863

(b) Evidence of having been employed by the United States	1864
government and authorized, for a continuous period of at least one	1865
year during the three years immediately preceding the date of	1866
application, to prescribe therapeutic devices and drugs, including	1867
at least some controlled substances, in conjunction with that	1868
employment.	1869

(4) Evidence of having completed a two-hour course of	1870
instruction approved by the board in the laws of this state that	1871
govern drugs and prescriptive authority;	1872

(5) Any additional information the board requires pursuant to	1873
rules adopted under section 4723.50 of the Revised Code.	1874

(D) An applicant who practiced or is practicing as a clinical	1875
nurse specialist, certified nurse-midwife, or certified nurse	1876
practitioner in another jurisdiction or as an employee of the	1877
United States government, and is not seeking authority to	1878
prescribe drugs and therapeutic devices by meeting the	1879
requirements of division (A) or (C) of this section, shall include	1880
with the application submitted under section 4723.48 of the	1881
Revised Code all of the following:	1882

(1) Evidence of holding a current, valid certificate of	1883
authority issued under this chapter to practice as a clinical	1884
nurse specialist, certified nurse-midwife, or certified nurse	1885
practitioner;	1886

(2) The fee required by section 4723.08 of the Revised Code	1887
for a certificate to prescribe;	1888

(3) Either of the following:

1889

(a) Evidence of having held, for a continuous period of at	1890
least one year during the three years immediately preceding the	1891
date of application, valid authority issued by another	1892
jurisdiction to prescribe therapeutic devices and drugs, excluding	1893
controlled substances;	1894

(b) Evidence of having been employed by the United States	1895
government and authorized, for a continuous period of at least one	1896
year during the three years immediately preceding the date of	1897
application, to prescribe therapeutic devices and drugs, excluding	1898
controlled substances, in conjunction with that employment.	1899

(4) Any additional information the board requires pursuant to	1900
rules adopted under section 4723.50 of the Revised Code.	1901

~~(E) In the case of an applicant who meets the requirements of~~	1902
~~division (C) or (D) of this section other than the requirements of~~	1903
~~division (C)(3) or (D)(3) of this section and is seeking authority~~	1904
~~to prescribe drugs and therapeutic devices by meeting the~~	1905
~~requirements of division (A) of this section, the applicant may~~	1906
~~complete the instruction that is specific to schedule II~~	1907
~~controlled substances, as required by division (B)(5)(d) of this~~	1908
~~section, through an internet-based course of study in lieu of~~	1909
~~completing the instruction through a course of study consisting of~~	1910
~~planned classroom and clinical instruction.~~	1911

Sec. 4723.489. A person not otherwise authorized to	1912
administer drugs may administer a drug to a specified patient if	1913
all of the following conditions are met:	1914

(A) The authority to administer the drug is delegated to the	1915
person by an advanced practice registered nurse who is a clinical	1916
nurse specialist, certified nurse-midwife, or certified nurse	1917
practitioner and holds a certificate to prescribe issued under	1918
section 4723.48 of the Revised Code.	1919

(B) The drug is listed in the formulary established under	1920
division (B) of section 4723.50 of the Revised Code but is not a	1921
controlled substance and is not to be administered intravenously.	1922

(C) The drug is to be administered at a location other than a	1923
hospital inpatient care unit, as defined in section 3727.50 of the	1924
Revised Code; a hospital emergency department or a freestanding	1925
emergency department; or an ambulatory surgical facility, as	1926
defined in section 3702.30 of the Revised Code.	1927

(D) The person has successfully completed education based on	1928
a recognized body of knowledge concerning drug administration and	1929
demonstrates to the person's employer the knowledge, skills, and	1930
ability to administer the drug safely.	1931

(E) The person's employer has given the advanced practice	1932
registered nurse access to documentation, in written or electronic	1933
form, showing that the person has met the conditions specified in	1934
division (D) of this section.	1935

(F) The advanced practice registered nurse is physically	1936
present at the location where the drug is administered.	1937

Sec. 4723.50. (A) In accordance with Chapter 119. of the	1938
Revised Code, the board of nursing shall adopt rules as necessary	1939
to implement the provisions of this chapter pertaining to the	1940
authority of clinical nurse specialists, certified nurse-midwives,	1941
and certified nurse practitioners to prescribe drugs and	1942
therapeutic devices and the issuance and renewal of certificates	1943
to prescribe.	1944

The board shall adopt rules that are consistent with the	1945
recommendations the board receives from the committee on	1946
prescriptive governance pursuant to section 4723.492 of the	1947
Revised Code. After reviewing a recommendation submitted by the	1948
committee, the board may either adopt the recommendation as a rule	1949
or ask the committee to reconsider and resubmit the	1950
recommendation. The board shall not adopt any rule that does not	1951
conform to a recommendation made by the committee.	1952

(B) The board shall adopt rules under this section that do	1953
all of the following:	1954

(1) Establish a formulary listing the types of drugs and	1955
therapeutic devices that may be prescribed by a clinical nurse	1956
specialist, certified nurse-midwife, or certified nurse	1957
practitioner. The formulary may include controlled substances, as	1958
defined in section 3719.01 of the Revised Code. The formulary	1959
shall not permit the prescribing of any drug or device to perform	1960
or induce an abortion.	1961

(2) Establish safety standards to be followed by a clinical	1962
nurse specialist, certified nurse-midwife, or certified nurse	1963
practitioner when personally furnishing to patients complete or	1964
partial supplies of antibiotics, antifungals, scabicides,	1965
contraceptives, prenatal vitamins, antihypertensives, drugs and	1966
devices used in the treatment of diabetes, drugs and devices used	1967
in the treatment of asthma, and drugs used in the treatment of	1968
dyslipidemia;	1969

(3) Establish criteria for the components of the standard	1970
care arrangements described in section 4723.431 of the Revised	1971
Code that apply to the authority to prescribe, including the	1972
components that apply to the authority to prescribe schedule II	1973
controlled substances. The rules shall be consistent with that	1974
section and include all of the following:	1975

(a) Quality assurance standards;

1976

(b) Standards for periodic review by a collaborating	1977
physician or podiatrist of the records of patients treated by the	1978
clinical nurse specialist, certified nurse-midwife, or certified	1979
nurse practitioner;	1980

(c) Acceptable travel time between the location at which the	1981
clinical nurse specialist, certified nurse-midwife, or certified	1982
nurse practitioner is engaging in the prescribing components of	1983
the nurse's practice and the location of the nurse's collaborating	1984
physician or podiatrist;	1985

(d) Any other criteria recommended by the committee on	1986
prescriptive governance.	1987

(4) Establish standards and procedures for issuance and	1988
renewal of a certificate to prescribe, including specification of	1989
any additional information the board may require under division	1990
(A)(4), (C)(5), or (D)~~(5)~~(4) of section 4723.482 or, division	1991
(B)(3) of section 4723.485, or division (B)(3) of section 4723.486	1992
of the Revised Code;	1993

(5) Establish standards for board approval of the course of	1994
study in advanced pharmacology and related topics required by	1995
section 4723.482 of the Revised Code;	1996

(6) Establish requirements for board approval of the two-hour	1997
course of instruction in the laws of this state as required under	1998
division (C)(4) of section 4723.482 of the Revised Code and	1999
division (B)(2) of section 4723.484 of the Revised Code;	2000

(7) Establish standards and procedures for the appropriate	2001
conduct of an externship as described in section 4723.484 of the	2002
Revised Code, including the following:	2003

(a) Standards and procedures to be used in evaluating an	2004
individual's participation in an externship;	2005

(b) Standards and procedures for the supervision that a	2006
physician must provide during an externship, including supervision	2007
provided by working with the participant and supervision provided	2008
by making timely reviews of the records of patients treated by the	2009
participant. The manner in which supervision must be provided may	2010
vary according to the location where the participant is practicing	2011
and with the participant's level of experience.	2012

Sec. 4729.01. As used in this chapter:

2013

(A) "Pharmacy," except when used in a context that refers to	2014
the practice of pharmacy, means any area, room, rooms, place of	2015
business, department, or portion of any of the foregoing where the	2016
practice of pharmacy is conducted.	2017

(B) "Practice of pharmacy" means providing pharmacist care	2018
requiring specialized knowledge, judgment, and skill derived from	2019
the principles of biological, chemical, behavioral, social,	2020
pharmaceutical, and clinical sciences. As used in this division,	2021
"pharmacist care" includes the following:	2022

(1) Interpreting prescriptions;

2023

(2) Dispensing drugs and drug therapy related devices;

2024

(3) Compounding drugs;

2025

(4) Counseling individuals with regard to their drug therapy,	2026
recommending drug therapy related devices, and assisting in the	2027
selection of drugs and appliances for treatment of common diseases	2028
and injuries and providing instruction in the proper use of the	2029
drugs and appliances;	2030

(5) Performing drug regimen reviews with individuals by	2031
discussing all of the drugs that the individual is taking and	2032
explaining the interactions of the drugs;	2033

(6) Performing drug utilization reviews with licensed health	2034
professionals authorized to prescribe drugs when the pharmacist	2035
determines that an individual with a prescription has a drug	2036
regimen that warrants additional discussion with the prescriber;	2037

(7) Advising an individual and the health care professionals	2038
treating an individual with regard to the individual's drug	2039
therapy;	2040

(8) Acting pursuant to a consult agreement with a physician	2041
authorized under Chapter 4731. of the Revised Code to practice	2042
medicine and surgery or osteopathic medicine and surgery, if an	2043
agreement has been established with the physician;	2044

(9) Engaging in the administration of immunizations to the	2045
extent authorized by section 4729.41 of the Revised Code.	2046

(C) "Compounding" means the preparation, mixing, assembling,	2047
packaging, and labeling of one or more drugs in any of the	2048
following circumstances:	2049

(1) Pursuant to a prescription issued by a licensed health	2050
professional authorized to prescribe drugs;	2051

(2) Pursuant to the modification of a prescription made in	2052
accordance with a consult agreement;	2053

(3) As an incident to research, teaching activities, or	2054
chemical analysis;	2055

(4) In anticipation of orders for drugs pursuant to	2056
prescriptions, based on routine, regularly observed dispensing	2057
patterns;	2058

(5) Pursuant to a request made by a licensed health	2059
professional authorized to prescribe drugs for a drug that is to	2060
be used by the professional for the purpose of direct	2061
administration to patients in the course of the professional's	2062
practice, if all of the following apply:	2063

(a) At the time the request is made, the drug is not	2064
commercially available regardless of the reason that the drug is	2065
not available, including the absence of a manufacturer for the	2066
drug or the lack of a readily available supply of the drug from a	2067
manufacturer.	2068

(b) A limited quantity of the drug is compounded and provided	2069
to the professional.	2070

(c) The drug is compounded and provided to the professional	2071
as an occasional exception to the normal practice of dispensing	2072
drugs pursuant to patient-specific prescriptions.	2073

(D) "Consult agreement" means an agreement to manage an	2074
individual's drug therapy that has been entered into by a	2075
pharmacist and a physician authorized under Chapter 4731. of the	2076
Revised Code to practice medicine and surgery or osteopathic	2077
medicine and surgery.	2078

(E) "Drug" means:

2079

(1) Any article recognized in the United States pharmacopoeia	2080
and national formulary, or any supplement to them, intended for	2081
use in the diagnosis, cure, mitigation, treatment, or prevention	2082
of disease in humans or animals;	2083

(2) Any other article intended for use in the diagnosis,	2084
cure, mitigation, treatment, or prevention of disease in humans or	2085
animals;	2086

(3) Any article, other than food, intended to affect the	2087
structure or any function of the body of humans or animals;	2088

(4) Any article intended for use as a component of any	2089
article specified in division (E)(1), (2), or (3) of this section;	2090
but does not include devices or their components, parts, or	2091
accessories.	2092

(F) "Dangerous drug" means any of the following:

2093

(1) Any drug to which either of the following applies:

2094

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	2095
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	2096
required to bear a label containing the legend "Caution: Federal	2097
law prohibits dispensing without prescription" or "Caution:	2098
Federal law restricts this drug to use by or on the order of a	2099
licensed veterinarian" or any similar restrictive statement, or	2100
the drug may be dispensed only upon a prescription;	2101

(b) Under Chapter 3715. or 3719. of the Revised Code, the	2102
drug may be dispensed only upon a prescription.	2103

(2) Any drug that contains a schedule V controlled substance	2104
and that is exempt from Chapter 3719. of the Revised Code or to	2105
which that chapter does not apply;	2106

(3) Any drug intended for administration by injection into	2107
the human body other than through a natural orifice of the human	2108
body.	2109

(G) "Federal drug abuse control laws" has the same meaning as	2110
in section 3719.01 of the Revised Code.	2111

(H) "Prescription" means a written, electronic, or oral order	2112
for drugs or combinations or mixtures of drugs to be used by a	2113
particular individual or for treating a particular animal, issued	2114
by a licensed health professional authorized to prescribe drugs.	2115

(I) "Licensed health professional authorized to prescribe	2116
drugs" or "prescriber" means an individual who is authorized by	2117
law to prescribe drugs or dangerous drugs or drug therapy related	2118
devices in the course of the individual's professional practice,	2119
including only the following:	2120

(1) A dentist licensed under Chapter 4715. of the Revised	2121
Code;	2122

(2) A clinical nurse specialist, certified nurse-midwife, or	2123
certified nurse practitioner who holds a certificate to prescribe	2124
issued under section 4723.48 of the Revised Code;	2125

(3) An optometrist licensed under Chapter 4725. of the	2126
Revised Code to practice optometry under a therapeutic	2127
pharmaceutical agents certificate;	2128

(4) A physician authorized under Chapter 4731. of the Revised	2129
Code to practice medicine and surgery, osteopathic medicine and	2130
surgery, or podiatric medicine and surgery;	2131

(5) A physician assistant who holds a ~~certificate to~~	2132
~~prescribe~~valid prescriber number issued ~~under Chapter 4730. of~~	2133
~~the Revised Code~~by the state medical board and has been granted	2134
physician-delegated prescriptive authority;	2135

(6) A veterinarian licensed under Chapter 4741. of the	2136
Revised Code.	2137

(J) "Sale" and "sell" include delivery, transfer, barter,	2138
exchange, or gift, or offer therefor, and each such transaction	2139
made by any person, whether as principal proprietor, agent, or	2140
employee.	2141

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	2142
which the purpose of the purchaser is to resell the article	2143
purchased or received by the purchaser.	2144

(L) "Retail sale" and "sale at retail" mean any sale other	2145
than a wholesale sale or sale at wholesale.	2146

(M) "Retail seller" means any person that sells any dangerous	2147
drug to consumers without assuming control over and responsibility	2148
for its administration. Mere advice or instructions regarding	2149
administration do not constitute control or establish	2150
responsibility.	2151

(N) "Price information" means the price charged for a	2152
prescription for a particular drug product and, in an easily	2153
understandable manner, all of the following:	2154

(1) The proprietary name of the drug product;

2155

(2) The established (generic) name of the drug product;

2156

(3) The strength of the drug product if the product contains	2157
a single active ingredient or if the drug product contains more	2158
than one active ingredient and a relevant strength can be	2159
associated with the product without indicating each active	2160
ingredient. The established name and quantity of each active	2161
ingredient are required if such a relevant strength cannot be so	2162
associated with a drug product containing more than one	2163
ingredient.	2164

(4) The dosage form;

2165

(5) The price charged for a specific quantity of the drug	2166
product. The stated price shall include all charges to the	2167
consumer, including, but not limited to, the cost of the drug	2168
product, professional fees, handling fees, if any, and a statement	2169
identifying professional services routinely furnished by the	2170
pharmacy. Any mailing fees and delivery fees may be stated	2171
separately without repetition. The information shall not be false	2172
or misleading.	2173

(O) "Wholesale distributor of dangerous drugs" means a person	2174
engaged in the sale of dangerous drugs at wholesale and includes	2175
any agent or employee of such a person authorized by the person to	2176
engage in the sale of dangerous drugs at wholesale.	2177

(P) "Manufacturer of dangerous drugs" means a person, other	2178
than a pharmacist, who manufactures dangerous drugs and who is	2179
engaged in the sale of those dangerous drugs within this state.	2180

(Q) "Terminal distributor of dangerous drugs" means a person	2181
who is engaged in the sale of dangerous drugs at retail, or any	2182
person, other than a wholesale distributor or a pharmacist, who	2183
has possession, custody, or control of dangerous drugs for any	2184
purpose other than for that person's own use and consumption, and	2185
includes pharmacies, hospitals, nursing homes, and laboratories	2186
and all other persons who procure dangerous drugs for sale or	2187
other distribution by or under the supervision of a pharmacist or	2188
licensed health professional authorized to prescribe drugs.	2189

(R) "Promote to the public" means disseminating a	2190
representation to the public in any manner or by any means, other	2191
than by labeling, for the purpose of inducing, or that is likely	2192
to induce, directly or indirectly, the purchase of a dangerous	2193
drug at retail.	2194

(S) "Person" includes any individual, partnership,	2195
association, limited liability company, or corporation, the state,	2196
any political subdivision of the state, and any district,	2197
department, or agency of the state or its political subdivisions.	2198

(T) "Finished dosage form" has the same meaning as in section	2199
3715.01 of the Revised Code.	2200

(U) "Generically equivalent drug" has the same meaning as in	2201
section 3715.01 of the Revised Code.	2202

(V) "Animal shelter" means a facility operated by a humane	2203
society or any society organized under Chapter 1717. of the	2204
Revised Code or a dog pound operated pursuant to Chapter 955. of	2205
the Revised Code.	2206

(W) "Food" has the same meaning as in section 3715.01 of the	2207
Revised Code.	2208

(X) "Pain management clinic" has the same meaning as in	2209
section 4731.054 of the Revised Code.	2210

Sec. 4730.01. As used in this chapter:

2211

(A) ~~"Physician assistant" means a skilled person qualified by~~	2212
~~academic and clinical training to provide services to patients as~~	2213
~~a physician assistant under the supervision, control, and~~	2214
~~direction of one or more physicians who are responsible for the~~	2215
~~physician assistant's performance.~~	2216

~~(B)~~ "Physician" means an individual who is authorized under	2217
Chapter 4731. of the Revised Code to practice medicine and	2218
surgery, osteopathic medicine and surgery, or podiatric medicine	2219
and surgery.	2220

~~(C)~~(B) "Health care facility" means any of the following:

2221

(1) A hospital registered with the department of health under	2222
section 3701.07 of the Revised Code;	2223

(2) A health care facility licensed by the department of	2224
health under section 3702.30 of the Revised Code;	2225

(3) Any other facility designated by the state medical board	2226
in rules adopted pursuant to division (B)~~(2)~~ of section 4730.08 of	2227
the Revised Code.	2228

~~(D) "Special services" means the health care services that a~~	2229
~~physician assistant may be authorized to provide under the special~~	2230
~~services portion of a physician supervisory plan approved under~~	2231
~~section 4730.17 of the Revised Code~~(C) "Service" means a medical	2232
activity that requires training in the diagnosis, treatment, or	2233
prevention of disease.	2234

Sec. 4730.02. (A) No person shall hold that person out as	2235
being able to function as a physician assistant, or use any words	2236
or letters indicating or implying that the person is a physician	2237
assistant, without a current, valid ~~certificate~~license to	2238
practice as a physician assistant issued pursuant to this chapter.	2239

(B) No person shall practice as a physician assistant without	2240
the supervision, control, and direction of a physician.	2241

(C) ~~No person shall act as the supervising physician of a~~	2242
~~physician assistant without having received the state medical~~	2243
~~board's approval of a supervision agreement entered into with the~~	2244
~~physician assistant.~~	2245

~~(D)~~ No person shall practice as a physician assistant without	2246
having entered into a supervision agreement ~~that has been approved~~	2247
~~by the state medical board~~with a supervising physician under	2248
section 4730.19 of the Revised Code.	2249

~~(E)~~(D) No person acting as the supervising physician of a	2250
physician assistant shall authorize the physician assistant to	2251
perform services if either of the following is the case:	2252

(1) The services are not within the physician's normal course	2253
of practice and expertise;	2254

(2) The services are inconsistent with the ~~physician~~	2255
~~supervisory plan approved by the state medical board for the~~	2256
~~supervising physician or~~supervision agreement under which the	2257
physician assistant is being supervised, including, if applicable,	2258
the policies of the health care facility in which the physician	2259
and physician assistant are practicing.	2260

~~(F) No person shall practice as a physician assistant in a~~	2261
~~manner that is inconsistent with the physician supervisory plan~~	2262
~~approved for the physician who is responsible for supervising the~~	2263
~~physician assistant or the policies of the health care facility in~~	2264
~~which the physician assistant is practicing.~~	2265

~~(G)~~(E) No person practicing as a physician assistant shall	2266
prescribe any drug or device to perform or induce an abortion, or	2267
otherwise perform or induce an abortion.	2268

~~(H)~~(F) No person shall advertise to provide services as a	2269
physician assistant, except for the purpose of seeking employment.	2270

~~(I)~~(G) No person practicing as a physician assistant shall	2271
fail to wear at all times when on duty a placard, plate, or other	2272
device identifying that person as a "physician assistant."	2273

Sec. 4730.03. Nothing in this chapter shall:

2274

(A) Be construed to affect or interfere with the performance	2275
of duties of any medical personnel who are either of the	2276
following:	2277

(1) In active service in the army, navy, coast guard, marine	2278
corps, air force, public health service, or marine hospital	2279
service of the United States while so serving;	2280

(2) Employed by the veterans administration of the United	2281
States while so employed;.	2282

(B) Prevent any person from performing any of the services a	2283
physician assistant may be authorized to perform, if the person's	2284
professional scope of practice established under any other chapter	2285
of the Revised Code authorizes the person to perform the services;	2286

(C) Prohibit a physician from delegating responsibilities to	2287
any nurse or other qualified person who does not hold a	2288
~~certificate~~license to practice as a physician assistant, provided	2289
that the individual does not hold the individual out to be a	2290
physician assistant;	2291

(D) Be construed as authorizing a physician assistant	2292
independently to order or direct the execution of procedures or	2293
techniques by a registered nurse or licensed practical nurse in	2294
the care and treatment of a person in any setting, except to the	2295
extent that the physician assistant is authorized to do so by ~~the~~	2296
~~physician supervisory plan approved under section 4730.17 of the~~	2297
~~Revised Code for the~~a physician who is responsible for	2298
supervising the physician assistant orand, if applicable, the	2299
policies of the health care facility in which the physician	2300
assistant is practicing;	2301

(E) Authorize a physician assistant to engage in the practice	2302
of optometry, except to the extent that the physician assistant is	2303
authorized by a supervising physician acting in accordance with	2304
this chapter to perform routine visual screening, provide medical	2305
care prior to or following eye surgery, or assist in the care of	2306
diseases of the eye;	2307

(F) Be construed as authorizing a physician assistant to	2308
prescribe any drug or device to perform or induce an abortion, or	2309
as otherwise authorizing a physician assistant to perform or	2310
induce an abortion.	2311

Sec. 4730.04. (A) As used in this section:

2312

(1) "Disaster" means any imminent threat or actual occurrence	2313
of widespread or severe damage to or loss of property, personal	2314
hardship or injury, or loss of life that results from any natural	2315
phenomenon or act of a human.	2316

(2) "Emergency" means an occurrence or event that poses an	2317
imminent threat to the health or life of a human.	2318

(B) Nothing in this chapter prohibits any of the following	2319
individuals from providing medical care, to the extent the	2320
individual is able, in response to a need for medical care	2321
precipitated by a disaster or emergency:	2322

(1) An individual who holds a ~~certificate~~license to practice	2323
as a physician assistant issued under this chapter;	2324

(2) An individual licensed or authorized to practice as a	2325
physician assistant in another state;	2326

(3) An individual credentialed or employed as a physician	2327
assistant by an agency, office, or other instrumentality of the	2328
federal government.	2329

(C) For purposes of the medical care provided by a physician	2330
assistant pursuant to division (B)(1) of this section, both of the	2331
following apply notwithstanding any supervision requirement of	2332
this chapter to the contrary:	2333

(1) The physician who supervises the physician assistant	2334
pursuant to a ~~physician supervisory plan approved by the state~~	2335
~~medical board under section 4730.17 of the Revised Code~~	2336
supervision agreement entered into under section 4730.19 of the	2337
Revised Code is not required to meet the supervision requirements	2338
established under this chapter.	2339

(2) The physician designated as the medical director of the	2340
disaster or emergency may supervise the medical care provided by	2341
the physician assistant.	2342

Sec. 4730.06. (A) The physician assistant policy committee	2343
of the state medical board shall review, and shall submit to the	2344
board recommendations concerning, all of the following:	2345

(1) Requirements for ~~issuance of certificates~~issuing a	2346
license to practice as a physician assistant, including the	2347
educational requirements that must be met to receive a ~~certificate~~	2348
license to practice;	2349

(2) Existing and proposed rules pertaining to the practice of	2350
physician assistants, the supervisory relationship between	2351
physician assistants and supervising physicians, and the	2352
administration and enforcement of this chapter;	2353

(3) In accordance with section 4730.38 of the Revised Code,	2354
physician-delegated prescriptive authority for physician	2355
assistants and proposed changes to the physician assistant	2356
formulary the board adopts pursuant to division (A)(1) of section	2357
4730.39 of the Revised Code;	2358

(4) Application procedures and forms for ~~certificates~~a	2359
license to practice as a physician assistant~~, physician~~	2360
~~supervisory plans, and supervision agreements~~;	2361

(5) Fees required by this chapter for issuance and renewal of	2362
~~certificates~~a license to practice as a physician assistant;	2363

(6) ~~Criteria to be included in applications submitted to the~~	2364
~~board for approval of physician supervisory plans, including~~	2365
~~criteria to be included in applications for approval to delegate~~	2366
~~to physician assistants the performance of special services;~~	2367

~~(7) Criteria to be included in supervision agreements~~	2368
~~submitted to the board for approval and renewal of the board's~~	2369
~~approval;~~	2370

~~(8)~~ Any issue the board asks the committee to consider.

2371

(B) In addition to the matters that are required to be	2372
reviewed under division (A) of this section, the committee may	2373
review, and may submit to the board recommendations concerning,	2374
~~either or both of the following:~~	2375

~~(1) Quality~~quality assurance activities to be performed by a	2376
supervising physician and physician assistant under a quality	2377
assurance system established pursuant to division (F) of section	2378
4730.21 of the Revised Code;	2379

~~(2) The development and approval of one or more model~~	2380
~~physician supervisory plans and one or more models for a special~~	2381
~~services portion of the one or more model physician supervisory~~	2382
~~plans. The committee may submit recommendations for model plans~~	2383
~~that reflect various medical specialties~~.	2384

(C) The board shall take into consideration all	2385
recommendations submitted by the committee. Not later than ninety	2386
days after receiving a recommendation from the committee, the	2387
board shall approve or disapprove the recommendation and notify	2388
the committee of its decision. If a recommendation is disapproved,	2389
the board shall inform the committee of its reasons for making	2390
that decision. The committee may resubmit the recommendation after	2391
addressing the concerns expressed by the board and modifying the	2392
disapproved recommendation accordingly. Not later than ninety days	2393
after receiving a resubmitted recommendation, the board shall	2394
approve or disapprove the recommendation. There is no limit on the	2395
number of times the committee may resubmit a recommendation for	2396
consideration by the board.	2397

(D)(1) Except as provided in division (D)(2) of this section,	2398
the board may not take action regarding a matter that is subject	2399
to the committee's review under division (A) or (B) of this	2400
section unless the committee has made a recommendation to the	2401
board concerning the matter.	2402

(2) If the board submits to the committee a request for a	2403
recommendation regarding a matter that is subject to the	2404
committee's review under division (A) or (B) of this section, and	2405
the committee does not provide a recommendation before the	2406
sixty-first day after the request is submitted, the board may take	2407
action regarding the matter without a recommendation.	2408

Sec. 4730.08. (A) A ~~certificate~~license to practice as a	2409
physician assistant issued under this chapter authorizes the	2410
holder to practice as a physician assistant~~, subject to all of the~~	2411
~~following~~as follows:	2412

(1) The physician assistant shall practice only under the	2413
supervision, control, and direction of a physician with whom the	2414
physician assistant has entered into a supervision agreement	2415
~~approved by the state medical board~~ under section ~~4730.17~~4730.19	2416
of the Revised Code.	2417

(2) ~~When the physician assistant practices outside a health~~	2418
~~care facility, the~~The physician assistant shall practice in	2419
accordance with the ~~physician supervisory plan approved under~~	2420
~~section 4730.17 of the Revised Code for~~supervision agreement	2421
entered into with the physician who is responsible for supervising	2422
the physician assistant.	2423

~~(3) When the physician assistant practices within a health~~	2424
~~care facility, the physician assistant shall practice in~~	2425
~~accordance with~~, including, if applicable, the policies of the	2426
health care facility in which the physician assistant is	2427
practicing.	2428

(B) ~~For purposes of division (A) of this section and all~~	2429
~~other provisions of this chapter pertaining to the practice of a~~	2430
~~physician assistant under the policies of a health care facility,~~	2431
~~both of the following apply:~~	2432

~~(1) A physician who is supervising a physician assistant~~	2433
~~within a health care facility may impose limitations on the~~	2434
~~physician assistant's practice that are in addition to any~~	2435
~~limitations applicable under the policies of the facility.~~	2436

~~(2)~~ The state medical board may, subject to division (D) of	2437
section 4730.06 of the Revised Code, adopt rules designating	2438
facilities to be included as health care facilities that are in	2439
addition to the facilities specified in divisions ~~(C)~~(B)(1) and	2440
(2) of section 4730.01 of the Revised Code. ~~The~~Any rules adopted	2441
shall be adopted in accordance with Chapter 119. of the Revised	2442
Code.	2443

Sec. 4730.10. (A) An individual seeking a ~~certificate~~	2444
license to practice as a physician assistant shall file with the	2445
state medical board a written application on a form prescribed and	2446
supplied by the board. The application shall include all of the	2447
following:	2448

(1) The applicant's name, residential address, business	2449
address, if any, and social security number;	2450

(2) Satisfactory proof that the applicant meets the age and	2451
moral character requirements specified in divisions (A)(1) and (2)	2452
of section 4730.11 of the Revised Code;	2453

(3) Satisfactory proof that the applicant meets either the	2454
educational requirements specified in division (B)(1) or (2) of	2455
section 4730.11 of the Revised Code or the educational or other	2456
applicable requirements specified in division (C)(1), (2), or (3)	2457
of that section;	2458

(4) Any other information the board requires.

2459

(B) At the time of making application for a ~~certificate~~	2460
license to practice, the applicant shall pay the board a fee of	2461
~~two~~five hundred dollars, no part of which shall be returned. The	2462
fees shall be deposited in accordance with section 4731.24 of the	2463
Revised Code.	2464

Sec. 4730.101. In addition to any other eligibility	2465
requirement set forth in this chapter, each applicant for a	2466
~~certificate~~license to practice as a physician assistant shall	2467
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2468
state medical board shall not grant to an applicant a ~~certificate~~	2469
license to practice as a physician assistant unless the board, in	2470
its discretion, decides that the results of the criminal records	2471
check do not make the applicant ineligible for a ~~certificate~~	2472
license issued pursuant to section 4730.12 of the Revised Code.	2473

Sec. 4730.11. (A) To be eligible to receive a ~~certificate~~	2474
license to practice as a physician assistant, all of the following	2475
apply to an applicant:	2476

(1) The applicant shall be at least eighteen years of age.

2477

(2) The applicant shall be of good moral character.

2478

(3) The applicant shall hold current certification by the	2479
national commission on certification of physician assistants or a	2480
successor organization that is recognized by the state medical	2481
board.	2482

(4) The applicant shall meet either of the following	2483
requirements:	2484

(a) The educational requirements specified in division (B)(1)	2485
or (2) of this section;	2486

(b) The educational or other applicable requirements	2487
specified in division (C)(1), (2), or (3) of this section.	2488

(B) Effective January 1, 2008, for purposes of division	2489
(A)(4)(a) of this section, an applicant shall meet either of the	2490
following educational requirements:	2491

(1) The applicant shall hold a master's or higher degree	2492
obtained from a program accredited by the accreditation review	2493
commission on education for the physician assistant or a	2494
predecessor or successor organization recognized by the board.	2495

(2) The applicant shall hold both of the following degrees:

2496

(a) A degree other than a master's or higher degree obtained	2497
from a program accredited by the accreditation review commission	2498
on education for the physician assistant or a predecessor or	2499
successor organization recognized by the board;	2500

(b) A master's or higher degree in a course of study with	2501
clinical relevance to the practice of physician assistants and	2502
obtained from a program accredited by a regional or specialized	2503
and professional accrediting agency recognized by the council for	2504
higher education accreditation.	2505

(C) For purposes of division (A)(4)(b) of this section, an	2506
applicant shall present evidence satisfactory to the board of	2507
meeting one of the following requirements in lieu of meeting the	2508
educational requirements specified in division (B)(1) or (2) of	2509
this section:	2510

(1) The applicant shall hold a current, valid license or	2511
other form of authority to practice as a physician assistant	2512
issued by another jurisdiction ~~prior to January 1, 2008~~and have	2513
been in active practice in any jurisdiction throughout the	2514
three-year period immediately preceding the date of application.	2515

(2) The applicant shall hold a degree obtained as a result of	2516
being enrolled on January 1, 2008, in a program in this state that	2517
was accredited by the accreditation review commission on education	2518
for the physician assistant but did not grant a master's or higher	2519
degree to individuals enrolled in the program on that date, and	2520
completing the program on or before December 31, 2009.	2521

(3) The applicant shall ~~meet both of the following~~	2522
~~educational and military experience requirements:~~	2523

~~(a) Hold~~hold a degree obtained from a program accredited by	2524
the accreditation review commission on education for the physician	2525
assistant;and meet either of the following experience	2526
requirements:	2527

~~(b)~~(a) Have experience practicing as a physician assistant	2528
for at least three consecutive years while on active duty, with	2529
evidence of service under honorable conditions, in any of the	2530
armed forces of the United States or the national guard of any	2531
state, including any experience attained while practicing as a	2532
physician assistant at a health care facility or clinic operated	2533
by the United States department of veterans affairs.	2534

(b) Have experience practicing as a physician assistant for	2535
at least three consecutive years while on active duty in the	2536
United States public health service commissioned corps.	2537

(D) Unless the applicant had prescriptive authority while	2538
practicing as a physician assistant in another jurisdiction, in	2539
the military, or in the public health service, the license issued	2540
to an applicant who does not hold a master's or higher degree	2541
described in division (B) of this section does not authorize the	2542
holder to exercise physician-delegated prescriptive authority and	2543
the state medical board shall not issue a prescriber number.	2544

(E)(1) This section does not require an individual to obtain	2545
a master's or higher degree as a condition of retaining or	2546
renewing a ~~certificate~~license to practice as a physician	2547
assistant if the individual received the ~~certificate~~license	2548
without holding a master's or higher degree as provided in either	2549
of the following:	2550

~~(1)~~(a) Before the educational requirements specified in	2551
division (B)(1) or (2) of this section became effective January 1,	2552
2008;	2553

~~(2)~~(b) By meeting the educational or other applicable	2554
requirements specified in division (C)(1), (2), or (3) of this	2555
section.	2556

(2) A license described in division (E)(1) of this section	2557
authorizes the license holder to exercise physician-delegated	2558
prescriptive authority if, on the effective date of this	2559
amendment, the license holder held a valid certificate to	2560
prescribe issued under former section 4730.44 of the Revised Code,	2561
as it existed immediately prior to the effective date of this	2562
amendment.	2563

(3) On application of an individual who received a license	2564
without having first obtained a master's or higher degree and is	2565
not authorized under division (E)(2) of this section to exercise	2566
physician-delegated prescriptive authority, the board shall grant	2567
the individual the authority to exercise physician-delegated	2568
prescriptive authority if the individual provides evidence	2569
satisfactory to the board of having obtained a master's or higher	2570
degree from either of the following:	2571

(a) A program accredited by the accreditation review	2572
commission on education for the physician assistant or a	2573
predecessor or successor organization recognized by the board;	2574

(b) A program accredited by a regional or specialized and	2575
professional accrediting agency recognized by the council for	2576
higher education accreditation, if the degree is in a course of	2577
study with clinical relevance to the practice of physician	2578
assistants.	2579

Sec. 4730.111. A physician assistant whose certification by	2580
the national commission on certification of physician assistants	2581
or a successor organization recognized by the state medical board	2582
is suspended or revoked shall give notice of that occurrence to	2583
the board not later than fourteen days after the physician	2584
assistant receives notice of the change in certification status. A	2585
physician assistant who fails to renew the certification shall	2586
notify the board not later than fourteen days after the	2587
certification expires.	2588

Sec. 4730.12. (A) The state medical board shall review ~~all~~	2589
~~applications~~each application received under section 4730.10 of	2590
the Revised Code for ~~certificates~~a license to practice as a	2591
physician assistant. Not later than sixty days after receiving a	2592
complete application, the board shall determine whether an	2593
applicant meets the requirements to receive a ~~certificate~~license	2594
to practice, as specified in section 4730.11 of the Revised Code.	2595
An affirmative vote of not fewer than six members of the board is	2596
required to determine that an applicant meets the requirements to	2597
receive a ~~certificate~~license to practice as a physician	2598
assistant.	2599

(B) If the board determines that an applicant meets the	2600
requirements to receive the ~~certificate~~license, the secretary of	2601
the board shall register the applicant as a physician assistant	2602
and issue to the applicant a ~~certificate~~license to practice as a	2603
physician assistant.	2604

(C)(1) During the first five hundred hours of the first one	2605
thousand hours of a physician assistant's exercise of	2606
physician-delegated prescriptive authority, the physician	2607
assistant shall exercise that authority only under the on-site	2608
supervision of a supervising physician.	2609

(2) A physician assistant shall be excused from the	2610
requirement established in division (C)(1) of this section if	2611
prior to application the physician assistant held a prescriber	2612
number, or the equivalent, from another jurisdiction and practiced	2613
with prescriptive authority in that jurisdiction for not less than	2614
one thousand hours.	2615

(3) A record of a physician assistant's completion of the	2616
hours required by division (C)(1) of this section or issuance of a	2617
prescriber number or equivalent by another jurisdiction shall be	2618
kept on file by a supervising physician of the physician	2619
assistant. The record shall be made available for inspection by	2620
the board.	2621

Sec. 4730.13. Upon application by the holder of a	2622
~~certificate~~license to practice as a physician assistant, the	2623
state medical board shall issue a duplicate ~~certificate~~license to	2624
replace one that is missing or damaged, to reflect a name change,	2625
or for any other reasonable cause. The fee for a duplicate	2626
~~certificate~~license shall be thirty-five dollars. All fees	2627
collected under this section shall be deposited in accordance with	2628
section 4731.24 of the Revised Code.	2629

Sec. 4730.14. (A) A ~~certificate~~license to practice as a	2630
physician assistant shall expire biennially and may be renewed in	2631
accordance with this section. A person seeking to renew a	2632
~~certificate~~license to practice as a physician assistant shall, on	2633
or before the thirty-first day of January of each even-numbered	2634
year, apply for renewal of the ~~certificate~~license. The state	2635
medical board shall send renewal notices at least one month prior	2636
to the expiration date.	2637

Applications shall be submitted to the board on forms the	2638
board shall prescribe and furnish. Each application shall be	2639
accompanied by a biennial renewal fee of ~~one~~two hundred dollars.	2640
The board shall deposit the fees in accordance with section	2641
4731.24 of the Revised Code.	2642

The applicant shall report any criminal offense that	2643
constitutes grounds for refusing to issue a ~~certificate~~license to	2644
practice under section 4730.25 of the Revised Code to which the	2645
applicant has pleaded guilty, of which the applicant has been	2646
found guilty, or for which the applicant has been found eligible	2647
for intervention in lieu of conviction, since last signing an	2648
application for a ~~certificate~~license to practice as a physician	2649
assistant.	2650

(B) To be eligible for renewal of a license, ~~a physician~~	2651
~~assistant shall certify to the board both~~an applicant is subject	2652
to all of the following:	2653

(1) ~~That the physician assistant~~The applicant shall certify	2654
to the board that the applicant has maintained certification by	2655
the national commission on certification of physician assistants	2656
or a successor organization that is recognized by the board by	2657
meeting the standards to hold current certification from the	2658
commission or its successor, including completion of continuing	2659
medical education requirements and passing periodic	2660
recertification examinations;.	2661

(2) Except as provided in division (F) of this section and	2662
section 5903.12 of the Revised Code, the applicant shall certify	2663
to the board that the ~~physician assistant~~applicant has completed	2664
during the current ~~certification~~licensure period not less than	2665
one hundred hours of continuing medical education acceptable to	2666
the board.	2667

(3) The applicant shall comply with the renewal eligibility	2668
requirements established under section 4730.49 of the Revised Code	2669
that pertain to the applicant.	2670

(C) The board shall adopt rules in accordance with Chapter	2671
119. of the Revised Code specifying the types of continuing	2672
medical education that must be completed to fulfill the board's	2673
requirements under division (B)(2) of this section. Except when	2674
additional continuing medical education is required ~~to renew a~~	2675
~~certificate to prescribe~~, as specified in section 4730.49 of the	2676
Revised Code, the board shall not adopt rules that require a	2677
physician assistant to complete in any ~~certification~~licensure	2678
period more than one hundred hours of continuing medical education	2679
acceptable to the board. In fulfilling the board's requirements, a	2680
physician assistant may use continuing medical education courses	2681
or programs completed to maintain certification by the national	2682
commission on certification of physician assistants or a successor	2683
organization that is recognized by the board if the standards for	2684
acceptable courses and programs of the commission or its successor	2685
are at least equivalent to the standards established by the board.	2686

(D) If an applicant submits a complete renewal application	2687
and qualifies for renewal pursuant to division (B) of this	2688
section, the board shall issue to the applicant a renewed	2689
~~certificate~~license to practice as a physician assistant.	2690

(E) The board may require a random sample of physician	2691
assistants to submit materials documenting certification by the	2692
national commission on certification of physician assistants or a	2693
successor organization that is recognized by the board and	2694
completion of the required number of hours of continuing medical	2695
education.	2696

(F) The board shall provide for pro rata reductions by month	2697
of the number of hours of continuing education that must be	2698
completed for individuals who are in their first ~~certification~~	2699
licensure period, who have been disabled due to illness or	2700
accident, or who have been absent from the country. The board	2701
shall adopt rules, in accordance with Chapter 119. of the Revised	2702
Code, as necessary to implement this division.	2703

(G)(1) A ~~certificate~~license to practice that is not renewed	2704
on or before its expiration date is automatically suspended on its	2705
expiration date. Continued practice after suspension of the	2706
~~certificate~~license shall be considered as practicing in violation	2707
of division (A) of section 4730.02 of the Revised Code.	2708

(2) If a ~~certificate~~license has been suspended pursuant to	2709
division (G)(1) of this section for two years or less, it may be	2710
reinstated. The board shall reinstate a ~~certificate~~license	2711
suspended for failure to renew upon an applicant's submission of a	2712
renewal application, the biennial renewal fee, and any applicable	2713
monetary penalty.	2714

If a ~~certificate~~license has been suspended pursuant to	2715
division (G)(1) of this ~~division~~section for more than two years,	2716
it may be restored. In accordance with section 4730.28 of the	2717
Revised Code, the board may restore a ~~certificate~~license	2718
suspended for failure to renew upon an applicant's submission of a	2719
restoration application, the biennial renewal fee, and any	2720
applicable monetary penalty and compliance with sections 4776.01	2721
to 4776.04 of the Revised Code. The board shall not restore to an	2722
applicant a ~~certificate~~license to practice as a physician	2723
assistant unless the board, in its discretion, decides that the	2724
results of the criminal records check do not make the applicant	2725
ineligible for a ~~certificate~~license issued pursuant to section	2726
4730.12 of the Revised Code.	2727

The penalty for reinstatement shall be fifty dollars and the	2728
penalty for restoration shall be one hundred dollars. The board	2729
shall deposit penalties in accordance with section 4731.24 of the	2730
Revised Code.	2731

(H) If an individual certifies that the individual has	2732
completed the number of hours and type of continuing medical	2733
education required for renewal or reinstatement of a ~~certificate~~	2734
license to practice as a physician assistant, and the board finds	2735
through a random sample conducted under division (E) of this	2736
section or through any other means that the individual did not	2737
complete the requisite continuing medical education, the board may	2738
impose a civil penalty of not more than five thousand dollars. The	2739
board's finding shall be made pursuant to an adjudication under	2740
Chapter 119. of the Revised Code and by an affirmative vote of not	2741
fewer than six members.	2742

A civil penalty imposed under this division may be in	2743
addition to or in lieu of any other action the board may take	2744
under section 4730.25 of the Revised Code. The board shall deposit	2745
civil penalties in accordance with section 4731.24 of the Revised	2746
Code.	2747

Sec. 4730.19. (A) ~~For a supervision agreement to be approved~~	2748
~~by the board, all of the following apply:~~	2749

~~(1)~~Before initiating supervision of one or more physician	2750
assistants licensed under this chapter, a physician shall enter	2751
into a supervision agreement with each physician assistant who	2752
will be supervised. A supervision agreement may apply to one or	2753
more physician assistants, but, except as provided in division	2754
(B)(2)(e) of this section, may apply to not more than one	2755
physician. The supervision agreement shall specify that the	2756
physician agrees to supervise the physician assistant and the	2757
physician assistant agrees to practice ~~in accordance with the~~	2758
~~conditions specified in the physician supervisory plan approved~~	2759
~~for that physician or the policies of the health care facility in~~	2760
~~which the supervising physician and physician assistant are~~	2761
~~practicing~~under that physician's supervision.	2762

~~(2)~~ The agreement shall clearly state that the supervising	2763
physician is legally responsible and assumes legal liability for	2764
the services provided by the physician assistant. The agreement	2765
shall be signed by the physician and the physician assistant.	2766

~~(3) The physician assistant shall hold a current certificate~~	2767
~~to practice as a physician assistant.~~	2768

~~(4) If a physician supervisory plan applies to the physician~~	2769
~~assistant's practice, the physician shall hold an approved~~	2770
~~physician supervisory plan.~~	2771

~~(5) If the physician intends to grant physician-delegated~~	2772
~~prescriptive authority to a physician assistant, the physician~~	2773
~~assistant shall hold a certificate to prescribe issued under this~~	2774
~~chapter.~~	2775

~~(6) If the physician holds approval of more than one~~	2776
~~physician supervisory plan, the agreement shall specify the plan~~	2777
~~under which the physician assistant will practice.~~	2778

(B) ~~The board shall review each application received. If the~~	2779
~~board finds that the requirements specified in division (A) of~~	2780
~~this section have been met and the applicant has paid the fee~~	2781
~~specified in section 4730.18 of the Revised Code, the board shall~~	2782
~~approve the supervision agreement and notify the supervising~~	2783
~~physician of the board's approval. If physician-delegated~~	2784
~~prescriptive authority will be granted to more than one physician~~	2785
~~assistant under the supervision agreement, the board shall specify~~	2786
~~in the notice that its approval is specific to each physician~~	2787
~~assistant. The board shall provide notice of its approval of a~~	2788
~~supervision agreement not later than thirty days after the board~~	2789
~~receives a complete application for approval.~~A supervision	2790
agreement shall include either or both of the following:	2791

(1) If a physician assistant will practice within a health	2792
care facility, the agreement shall include terms that require the	2793
physician assistant to practice in accordance with the policies of	2794
the health care facility.	2795

(2) If a physician assistant will practice outside a health	2796
care facility, the agreement shall include terms that specify all	2797
of the following:	2798

(a) The responsibilities to be fulfilled by the physician in	2799
supervising the physician assistant;	2800

(b) The responsibilities to be fulfilled by the physician	2801
assistant when performing services under the physician's	2802
supervision;	2803

(c) Any limitations on the responsibilities to be fulfilled	2804
by the physician assistant;	2805

(d) The circumstances under which the physician assistant is	2806
required to refer a patient to the supervising physician;	2807

(e) If the supervising physician chooses to designate	2808
physicians to act as alternate supervising physicians, the names,	2809
business addresses, and business telephone numbers of the	2810
physicians who have agreed to act in that capacity.	2811

(C) ~~After a supervision agreement is approved, a physician~~	2812
~~may apply to the board for approval to initiate supervision of a~~	2813
~~physician assistant who is not listed on the agreement. There is~~	2814
~~no fee for applying for the addition of a physician assistant to a~~	2815
~~supervision agreement.~~	2816

~~To receive the board's approval of the addition to the~~	2817
~~supervision agreement, the physician assistant shall hold a~~	2818
~~current certificate to practice as a physician assistant. If the~~	2819
~~physician intends to grant physician-delegated prescriptive~~	2820
~~authority to the physician assistant, the physician assistant~~	2821
~~shall hold a current certificate to prescribe. If these~~	2822
~~requirements are met, the board shall notify the physician of its~~	2823
~~approval of the addition to the supervision agreement. The board~~	2824
~~shall provide notice of its approval not later than thirty days~~	2825
~~after the board receives a complete application for approval~~(1)	2826
The supervising physician shall submit a copy of each supervision	2827
agreement to the board. The board may review the supervision	2828
agreement at any time for compliance with this section and for	2829
verification of licensure of the supervising physician and the	2830
physician assistant. All of the following apply to the submission	2831
and review process:	2832

(a) If the board reviews a supervision agreement, the board	2833
shall notify the supervising physician of any way that the	2834
agreement fails to comply with this section.	2835

(b) A supervision agreement becomes effective at the end of	2836
the fifth business day after the day the board receives the	2837
agreement unless the board notifies the supervising physician that	2838
the agreement fails to comply with this section.	2839

A supervision agreement expires two years after the day it	2840
takes effect. The agreement may be renewed by submitting a copy of	2841
it to the board.	2842

(c) If a physician receives a notice under division (C)(1)(a)	2843
of this section, the physician may revise the supervision	2844
agreement and resubmit the agreement to the board. The board may	2845
review the agreement as provided in division (C)(1) of this	2846
section.	2847

(d) Until July 1, 2015, each initial or renewed agreement	2848
submitted under division (C)(1) of this section shall be	2849
accompanied by a fee of twenty-five dollars. No fee is required	2850
for submitting a revised agreement under division (C)(1)(c) of	2851
this section or for submitting an amendment under division (C)(2)	2852
of this section. Fees shall be deposited in accordance with	2853
section 4731.24 of the Revised Code.	2854

(2) Before expiration, a supervision agreement may be amended	2855
by including one or more additional physician assistants. An	2856
amendment to a supervision agreement shall be submitted to the	2857
board for review in the manner provided for review of an initial	2858
agreement under division (C)(1) of this section. The amendment	2859
does not alter the agreement's expiration date.	2860

(D) A supervision agreement shall be kept in the records	2861
maintained by the supervising physician who entered into the	2862
agreement.	2863

(E) The board may impose a civil penalty of not more than one	2864
thousand dollars if it finds through a review conducted under this	2865
section or through any other means either of the following:	2866

(1) A physician assistant has practiced pursuant to a	2867
supervision agreement that fails to comply with this section;	2868

(2) That a physician has acted as the supervising physician	2869
of a physician assistant pursuant to a supervision agreement that	2870
fails to comply with this section.	2871

The board's finding shall be made pursuant to an adjudication	2872
conducted under Chapter 119. of the Revised Code. A civil penalty	2873
imposed under this division may be in addition to or in lieu of	2874
any other action the board may take under section 4730.25 of the	2875
Revised Code.	2876

Sec. 4730.20. (A) A physician assistant licensed under this	2877
chapter may perform any of the following services authorized by	2878
the supervising physician that are part of the supervising	2879
physician's normal course of practice and expertise:	2880

(1) Ordering diagnostic, therapeutic, and other medical	2881
services;	2882

(2) Prescribing physical therapy or referring a patient to a	2883
physical therapist for physical therapy;	2884

(3) Ordering occupational therapy or referring a patient to	2885
an occupational therapist for occupational therapy;	2886

(4) Taking any action that may be taken by an attending	2887
physician under sections 2133.21 to 2133.26 of the Revised Code,	2888
as specified in section 2133.211 of the Revised Code;	2889

(5) Determining and pronouncing death in accordance with	2890
section 4730.202 of the Revised Code;	2891

(6) Assisting in surgery;

2892

(7) If the physician assistant holds a valid prescriber	2893
number issued by the state medical board and has been granted	2894
physician-delegated prescriptive authority, ordering, prescribing,	2895
personally furnishing, and administering drugs and medical	2896
devices;	2897

(8) Any other services that are part of the supervising	2898
physician's normal course of practice and expertise.	2899

(B) The services a physician assistant may provide under the	2900
policies of a health care facility are limited to the services the	2901
facility authorizes the physician assistant to provide for the	2902
facility. A facility shall not authorize a physician assistant to	2903
perform a service that is prohibited under this chapter. A	2904
physician who is supervising a physician assistant within a health	2905
care facility may impose limitations on the physician assistant's	2906
practice that are in addition to any limitations applicable under	2907
the policies of the facility.	2908

~~Sec. 4730.091.~~ Sec. 4730.201. (A) As used in this section, "local	2909
anesthesia" means the injection of a drug or combination of drugs	2910
to stop or prevent a painful sensation in a circumscribed area of	2911
the body where a painful procedure is to be performed. "Local	2912
anesthesia" includes only local infiltration anesthesia, digital	2913
blocks, and pudendal blocks.	2914

(B) A physician assistant may administer, monitor, or	2915
maintain local anesthesia as a component of a procedure the	2916
physician assistant is performing or as a separate service when	2917
the procedure requiring local anesthesia is to be performed by the	2918
physician assistant's supervising physician or another person. A	2919
physician assistant shall not administer, monitor, or maintain any	2920
other form of anesthesia, including regional anesthesia or any	2921
systemic sedation~~, regardless of whether the physician assistant~~	2922
~~is practicing under a physician supervisory plan or the policies~~	2923
~~of a health care facility~~.	2924

~~Sec. 4730.092.~~ Sec. 4730.202. (A) A physician assistant may	2925
determine and pronounce an individual's death, but only if the	2926
individual's respiratory and circulatory functions are not being	2927
artificially sustained and, at the time the determination and	2928
pronouncement of death is made, either or both of the following	2929
apply:	2930

(1) The individual was receiving care in one of the	2931
following:	2932

(a) A nursing home licensed under section 3721.02 of the	2933
Revised Code or by a political subdivision under section 3721.09	2934
of the Revised Code;	2935

(b) A residential care facility or home for the aging	2936
licensed under Chapter 3721. of the Revised Code;	2937

(c) A county home or district home operated pursuant to	2938
Chapter 5155. of the Revised Code;	2939

(d) A residential facility licensed under section 5123.19 of	2940
the Revised Code.	2941

(2) The physician assistant is providing or supervising the	2942
individual's care through a hospice care program licensed under	2943
Chapter 3712. of the Revised Code or any other entity that	2944
provides palliative care.	2945

(B) If a physician assistant determines and pronounces an	2946
individual's death, the physician assistant shall comply with both	2947
of the following:	2948

(1) The physician assistant shall not complete any portion of	2949
the individual's death certificate.	2950

(2) The physician assistant shall notify the individual's	2951
attending physician of the determination and pronouncement of	2952
death in order for the physician to fulfill the physician's duties	2953
under section 3705.16 of the Revised Code. The physician assistant	2954
shall provide the notification within a period of time that is	2955
reasonable but not later than twenty-four hours following the	2956
determination and pronouncement of the individual's death.	2957

Sec. 4730.203. (A) Acting pursuant to a supervision	2958
agreement, a physician assistant may delegate performance of a	2959
task to implement a patient's plan of care or, if the conditions	2960
in division (C) of this section are met, may delegate	2961
administration of a drug. Delegation may be to a person who has	2962
successfully completed a training and competency evaluation	2963
program approved by the director of health under section 3721.31	2964
of the Revised Code or, subject to division (D) of section 4730.03	2965
of the Revised Code, any other person. The physician assistant	2966
must be physically present at the location where the task is	2967
performed or the drug administered.	2968

(B) Prior to delegating a task or administration of a drug, a	2969
physician assistant shall determine that the task or drug is	2970
appropriate for the patient and the person to whom the delegation	2971
is to be made may safely perform the task or administer the drug.	2972

(C) A physician assistant may delegate administration of a	2973
drug only if all of the following conditions are met:	2974

(1) The physician assistant has physician-delegated	2975
prescriptive authority.	2976

(2) The drug is included in the formulary established under	2977
division (A) of section 4730.39 of the Revised Code.	2978

(3) The drug is not a controlled substance.

2979

(4) The drug will not be administered intravenously.

2980

(5) The drug will not be administered in a hospital inpatient	2981
care unit, as defined in section 3727.50 of the Revised Code; a	2982
hospital emergency department; a freestanding emergency	2983
department; or an ambulatory surgical facility licensed under	2984
section 3702.30 of the Revised Code.	2985

(D) A person not otherwise authorized to administer a drug or	2986
perform a specific task may do so in accordance with a physician	2987
assistant's delegation under this section.	2988

Sec. 4730.21. (A) The supervising physician of a physician	2989
assistant exercises supervision, control, and direction of the	2990
physician assistant. InA physician assistant may practice in any	2991
setting within which the supervising physician has supervision,	2992
control, and direction of the physician assistant.	2993

In supervising a physician assistant, all of the following	2994
apply:	2995

(1) ~~Except when the on-site supervision requirements~~	2996
~~specified in section 4730.45 of the Revised Code are applicable,~~	2997
~~the~~The supervising physician shall be continuously available for	2998
direct communication with the physician assistant by either of the	2999
following means:	3000

(a) Being physically present at the location where the	3001
physician assistant is practicing;	3002

(b) Being readily available to the physician assistant	3003
through some means of telecommunication and being in a location	3004
that ~~under normal conditions~~ is ~~not more than sixty minutes travel~~	3005
~~time away~~a distance from the location where the physician	3006
assistant is practicing that reasonably allows the physician to	3007
assure proper care of patients.	3008

(2) The supervising physician shall personally and actively	3009
review the physician assistant's professional activities.	3010

(3) ~~The supervising physician shall regularly review the~~	3011
~~condition of the patients treated by the physician assistant.~~	3012

~~(4)~~ The supervising physician shall ensure that the quality	3013
assurance system established pursuant to division (F) of this	3014
section is implemented and maintained.	3015

~~(5)~~(4) The supervising physician shall regularly perform any	3016
other reviews of the physician assistant that the supervising	3017
physician considers necessary.	3018

(B) A physician may enter into supervision agreements with	3019
any number of physician assistants, but the physician may not	3020
supervise more than ~~two~~three physician assistants at any one	3021
time. A physician assistant may enter into supervision agreements	3022
with any number of supervising physicians~~, but when practicing~~	3023
~~under the supervision of a particular physician, the physician~~	3024
~~assistant's scope of practice is subject to the limitations of the~~	3025
~~physician supervisory plan that has been approved under section~~	3026
~~4730.17 of the Revised Code for that physician or the policies of~~	3027
~~the health care facility in which the physician and physician~~	3028
~~assistant are practicing~~.	3029

(C) ~~A supervising physician may authorize a physician~~	3030
~~assistant to perform a service only if the service is authorized~~	3031
~~under the physician supervisory plan approved for that physician~~	3032
~~or the policies of the health care facility in which the physician~~	3033
~~and physician assistant are practicing.~~ A supervising physician	3034
may authorize a physician assistant to perform a service only if	3035
the physician is satisfied that the physician assistant is capable	3036
of competently performing the service. A supervising physician	3037
shall not authorize a physician assistant to perform any service	3038
that is beyond the physician's or the physician assistant's normal	3039
course of practice and expertise.	3040

(D)~~(1) A supervising physician may authorize a physician~~	3041
~~assistant to practice in any setting within which the supervising~~	3042
~~physician routinely practices.~~	3043

~~(2)~~ In the case of a health care facility with an emergency	3044
department, if the supervising physician routinely practices in	3045
the facility's emergency department, the supervising physician	3046
shall provide on-site supervision of the physician assistant when	3047
the physician assistant practices in the emergency department. If	3048
the supervising physician does not routinely practice in the	3049
facility's emergency department, the supervising physician may, on	3050
occasion, send the physician assistant to the facility's emergency	3051
department to assess and manage a patient. In supervising the	3052
physician assistant's assessment and management of the patient,	3053
the supervising physician shall determine the appropriate level of	3054
supervision in compliance with the requirements of divisions (A)	3055
to (C) of this section, except that the supervising physician must	3056
be available to go to the emergency department to personally	3057
evaluate the patient and, at the request of an emergency	3058
department physician, the supervising physician shall go to the	3059
emergency department to personally evaluate the patient.	3060

(E) Each time a physician assistant writes a medical order,	3061
including prescriptions written in the exercise of	3062
physician-delegated prescriptive authority, the physician	3063
assistant shall sign the form on which the order is written and	3064
record on the form the time and date that the order is written.	3065
~~When writing a medical order, the physician assistant shall~~	3066
~~clearly identify the physician under whose supervision the~~	3067
~~physician assistant is authorized to write the order.~~	3068

(F)(1) The supervising physician of a physician assistant	3069
shall establish a quality assurance system to be used in	3070
supervising the physician assistant. All or part of the system may	3071
be applied to other physician assistants who are supervised by the	3072
supervising physician. The system shall be developed in	3073
consultation with each physician assistant to be supervised by the	3074
physician.	3075

(2) In establishing the quality assurance system, the	3076
supervising physician shall describe a process to be used for all	3077
of the following:	3078

(a) Routine review by the physician of selected patient	3079
record entries made by the physician assistant and selected	3080
medical orders issued by the physician assistant;	3081

(b) Discussion of complex cases;

3082

(c) Discussion of new medical developments relevant to the	3083
practice of the physician and physician assistant;	3084

(d) Performance of any quality assurance activities required	3085
in rules adopted by state medical board pursuant to any	3086
recommendations made by the physician assistant policy committee	3087
under section 4730.06 of the Revised Code;	3088

(e) Performance of any other quality assurance activities	3089
that the supervising physician considers to be appropriate.	3090

(3) The supervising physician and physician assistant shall	3091
keep records of their quality assurance activities. On request,	3092
the records shall be made available to the board ~~and any health~~	3093
~~care professional working with the supervising physician and~~	3094
~~physician assistant~~.	3095

Sec. 4730.22. (A) AWhen performing authorized services, a	3096
physician assistant acts as the agent of the physician assistant's	3097
supervising physician. The supervising physician is legally	3098
responsible and assumes legal liability for the services provided	3099
by the physician assistant.	3100

The physician is not responsible or liable for any services	3101
provided by the physician assistant after their supervision	3102
agreement expires or is terminated.	3103

(B) When a health care facility permits physician assistants	3104
to practice within that facility or any other health care facility	3105
under its control, the health care facility shall make reasonable	3106
efforts to explain to each individual who may work with a	3107
particular physician assistant the scope of that physician	3108
assistant's practice within the facility. The appropriate	3109
credentialing body within the health care facility shall provide,	3110
on request of an individual practicing in the facility with a	3111
physician assistant, a copy of the facility's policies on the	3112
practice of physician assistants within the facility and a copy of	3113
each ~~physician supervisory plan and~~ supervision agreement	3114
applicable to the physician assistant.	3115

An individual who follows the orders of a physician assistant	3116
practicing in a health care facility is not subject to	3117
disciplinary action by any administrative agency that governs that	3118
individual's conduct and is not liable in damages in a civil	3119
action for injury, death, or loss to person or property resulting	3120
from the individual's acts or omissions in the performance of any	3121
procedure, treatment, or other health care service if the	3122
individual reasonably believed that the physician assistant was	3123
acting within the proper scope of practice or was relaying medical	3124
orders from a supervising physician, unless the act or omission	3125
constitutes willful or wanton misconduct.	3126

Sec. 4730.25. (A) The state medical board, by an affirmative	3127
vote of not fewer than six members, may revoke or may refuse to	3128
grant a ~~certificate~~license to practice as a physician assistant	3129
~~or a certificate to prescribe~~ to a person found by the board to	3130
have committed fraud, misrepresentation, or deception in applying	3131
for or securing the ~~certificate~~license.	3132

(B) The board, by an affirmative vote of not fewer than six	3133
members, shall, to the extent permitted by law, limit, revoke, or	3134
suspend an individual's ~~certificate~~license to practice as a	3135
physician assistant or ~~certificate to prescribe~~prescriber number,	3136
refuse to issue a ~~certificate~~license to an applicant, refuse to	3137
reinstate a ~~certificate~~license, or reprimand or place on	3138
probation the holder of a ~~certificate~~license for any of the	3139
following reasons:	3140

(1) Failure to practice in accordance with the ~~conditions~~	3141
~~under which the~~ supervising physician's supervision agreement with	3142
the physician assistant ~~was approved, including the requirement~~	3143
~~that when practicing under a particular supervising physician, the~~	3144
~~physician assistant must practice only according to the physician~~	3145
~~supervisory plan the board approved for that physician or~~,	3146
including, if applicable, the policies of the health care facility	3147
in which the supervising physician and physician assistant are	3148
practicing;	3149

(2) Failure to comply with the requirements of this chapter,	3150
Chapter 4731. of the Revised Code, or any rules adopted by the	3151
board;	3152

(3) Violating or attempting to violate, directly or	3153
indirectly, or assisting in or abetting the violation of, or	3154
conspiring to violate, any provision of this chapter, Chapter	3155
4731. of the Revised Code, or the rules adopted by the board;	3156

(4) Inability to practice according to acceptable and	3157
prevailing standards of care by reason of mental illness or	3158
physical illness, including physical deterioration that adversely	3159
affects cognitive, motor, or perceptive skills;	3160

(5) Impairment of ability to practice according to acceptable	3161
and prevailing standards of care because of habitual or excessive	3162
use or abuse of drugs, alcohol, or other substances that impair	3163
ability to practice;	3164

(6) Administering drugs for purposes other than those	3165
authorized under this chapter;	3166

(7) Willfully betraying a professional confidence;

3167

(8) Making a false, fraudulent, deceptive, or misleading	3168
statement in soliciting or advertising for employment as a	3169
physician assistant; in connection with any solicitation or	3170
advertisement for patients; in relation to the practice of	3171
medicine as it pertains to physician assistants; or in securing or	3172
attempting to secure a ~~certificate~~license to practice as a	3173
physician assistant~~, a certificate to prescribe, or approval of a~~	3174
~~supervision agreement~~.	3175

As used in this division, "false, fraudulent, deceptive, or	3176
misleading statement" means a statement that includes a	3177
misrepresentation of fact, is likely to mislead or deceive because	3178
of a failure to disclose material facts, is intended or is likely	3179
to create false or unjustified expectations of favorable results,	3180
or includes representations or implications that in reasonable	3181
probability will cause an ordinarily prudent person to	3182
misunderstand or be deceived.	3183

(9) Representing, with the purpose of obtaining compensation	3184
or other advantage personally or for any other person, that an	3185
incurable disease or injury, or other incurable condition, can be	3186
permanently cured;	3187

(10) The obtaining of, or attempting to obtain, money or	3188
anything of value by fraudulent misrepresentations in the course	3189
of practice;	3190

(11) A plea of guilty to, a judicial finding of guilt of, or	3191
a judicial finding of eligibility for intervention in lieu of	3192
conviction for, a felony;	3193

(12) Commission of an act that constitutes a felony in this	3194
state, regardless of the jurisdiction in which the act was	3195
committed;	3196

(13) A plea of guilty to, a judicial finding of guilt of, or	3197
a judicial finding of eligibility for intervention in lieu of	3198
conviction for, a misdemeanor committed in the course of practice;	3199

(14) A plea of guilty to, a judicial finding of guilt of, or	3200
a judicial finding of eligibility for intervention in lieu of	3201
conviction for, a misdemeanor involving moral turpitude;	3202

(15) Commission of an act in the course of practice that	3203
constitutes a misdemeanor in this state, regardless of the	3204
jurisdiction in which the act was committed;	3205

(16) Commission of an act involving moral turpitude that	3206
constitutes a misdemeanor in this state, regardless of the	3207
jurisdiction in which the act was committed;	3208

(17) A plea of guilty to, a judicial finding of guilt of, or	3209
a judicial finding of eligibility for intervention in lieu of	3210
conviction for violating any state or federal law regulating the	3211
possession, distribution, or use of any drug, including	3212
trafficking in drugs;	3213

(18) Any of the following actions taken by the state agency	3214
responsible for regulating the practice of physician assistants in	3215
another state, for any reason other than the nonpayment of fees:	3216
the limitation, revocation, or suspension of an individual's	3217
license to practice; acceptance of an individual's license	3218
surrender; denial of a license; refusal to renew or reinstate a	3219
license; imposition of probation; or issuance of an order of	3220
censure or other reprimand;	3221

(19) A departure from, or failure to conform to, minimal	3222
standards of care of similar physician assistants under the same	3223
or similar circumstances, regardless of whether actual injury to a	3224
patient is established;	3225

(20) Violation of the conditions placed by the board on a	3226
~~certificate~~license to practice as a physician assistant~~, a~~	3227
~~certificate to prescribe, a physician supervisory plan, or~~	3228
~~supervision agreement~~;	3229

(21) Failure to use universal blood and body fluid	3230
precautions established by rules adopted under section 4731.051 of	3231
the Revised Code;	3232

(22) Failure to cooperate in an investigation conducted by	3233
the board under section 4730.26 of the Revised Code, including	3234
failure to comply with a subpoena or order issued by the board or	3235
failure to answer truthfully a question presented by the board at	3236
a deposition or in written interrogatories, except that failure to	3237
cooperate with an investigation shall not constitute grounds for	3238
discipline under this section if a court of competent jurisdiction	3239
has issued an order that either quashes a subpoena or permits the	3240
individual to withhold the testimony or evidence in issue;	3241

(23) Assisting suicide, as defined in section 3795.01 of the	3242
Revised Code;	3243

(24) Prescribing any drug or device to perform or induce an	3244
abortion, or otherwise performing or inducing an abortion;	3245

(25) Failure to comply with the requirements in section	3246
3719.061 of the Revised Code before issuing tofor a minor a	3247
prescription for a controlled substance containing an opioid;	3248

(26) Having certification by the national commission on	3249
certification of physician assistants or a successor organization	3250
expire, lapse, or be suspended or revoked.	3251

(C) Disciplinary actions taken by the board under divisions	3252
(A) and (B) of this section shall be taken pursuant to an	3253
adjudication under Chapter 119. of the Revised Code, except that	3254
in lieu of an adjudication, the board may enter into a consent	3255
agreement with a physician assistant or applicant to resolve an	3256
allegation of a violation of this chapter or any rule adopted	3257
under it. A consent agreement, when ratified by an affirmative	3258
vote of not fewer than six members of the board, shall constitute	3259
the findings and order of the board with respect to the matter	3260
addressed in the agreement. If the board refuses to ratify a	3261
consent agreement, the admissions and findings contained in the	3262
consent agreement shall be of no force or effect.	3263

(D) For purposes of divisions (B)(12), (15), and (16) of this	3264
section, the commission of the act may be established by a finding	3265
by the board, pursuant to an adjudication under Chapter 119. of	3266
the Revised Code, that the applicant or ~~certificate~~license holder	3267
committed the act in question. The board shall have no	3268
jurisdiction under these divisions in cases where the trial court	3269
renders a final judgment in the ~~certificate~~license holder's favor	3270
and that judgment is based upon an adjudication on the merits. The	3271
board shall have jurisdiction under these divisions in cases where	3272
the trial court issues an order of dismissal upon technical or	3273
procedural grounds.	3274

(E) The sealing of conviction records by any court shall have	3275
no effect upon a prior board order entered under the provisions of	3276
this section or upon the board's jurisdiction to take action under	3277
the provisions of this section if, based upon a plea of guilty, a	3278
judicial finding of guilt, or a judicial finding of eligibility	3279
for intervention in lieu of conviction, the board issued a notice	3280
of opportunity for a hearing prior to the court's order to seal	3281
the records. The board shall not be required to seal, destroy,	3282
redact, or otherwise modify its records to reflect the court's	3283
sealing of conviction records.	3284

(F) For purposes of this division, any individual who holds a	3285
~~certificate~~license issued under this chapter, or applies for a	3286
~~certificate~~license issued under this chapter, shall be deemed to	3287
have given consent to submit to a mental or physical examination	3288
when directed to do so in writing by the board and to have waived	3289
all objections to the admissibility of testimony or examination	3290
reports that constitute a privileged communication.	3291

(1) In enforcing division (B)(4) of this section, the board,	3292
upon a showing of a possible violation, may compel any individual	3293
who holds a ~~certificate~~license issued under this chapter or who	3294
has applied for a ~~certificate~~license pursuant to this chapter to	3295
submit to a mental examination, physical examination, including an	3296
HIV test, or both a mental and physical examination. The expense	3297
of the examination is the responsibility of the individual	3298
compelled to be examined. Failure to submit to a mental or	3299
physical examination or consent to an HIV test ordered by the	3300
board constitutes an admission of the allegations against the	3301
individual unless the failure is due to circumstances beyond the	3302
individual's control, and a default and final order may be entered	3303
without the taking of testimony or presentation of evidence. If	3304
the board finds a physician assistant unable to practice because	3305
of the reasons set forth in division (B)(4) of this section, the	3306
board shall require the physician assistant to submit to care,	3307
counseling, or treatment by physicians approved or designated by	3308
the board, as a condition for an initial, continued, reinstated,	3309
or renewed ~~certificate~~license. An individual affected under this	3310
division shall be afforded an opportunity to demonstrate to the	3311
board the ability to resume practicing in compliance with	3312
acceptable and prevailing standards of care.	3313

(2) For purposes of division (B)(5) of this section, if the	3314
board has reason to believe that any individual who holds a	3315
~~certificate~~license issued under this chapter or any applicant for	3316
a ~~certificate~~license suffers such impairment, the board may	3317
compel the individual to submit to a mental or physical	3318
examination, or both. The expense of the examination is the	3319
responsibility of the individual compelled to be examined. Any	3320
mental or physical examination required under this division shall	3321
be undertaken by a treatment provider or physician qualified to	3322
conduct such examination and chosen by the board.	3323

Failure to submit to a mental or physical examination ordered	3324
by the board constitutes an admission of the allegations against	3325
the individual unless the failure is due to circumstances beyond	3326
the individual's control, and a default and final order may be	3327
entered without the taking of testimony or presentation of	3328
evidence. If the board determines that the individual's ability to	3329
practice is impaired, the board shall suspend the individual's	3330
~~certificate~~license or deny the individual's application and shall	3331
require the individual, as a condition for initial, continued,	3332
reinstated, or renewed ~~certification~~licensure to practice or	3333
authority to prescribe, to submit to treatment.	3334

Before being eligible to apply for reinstatement of a	3335
~~certificate~~license suspended under this division, the physician	3336
assistant shall demonstrate to the board the ability to resume	3337
practice or prescribing in compliance with acceptable and	3338
prevailing standards of care. The demonstration shall include the	3339
following:	3340

(a) Certification from a treatment provider approved under	3341
section 4731.25 of the Revised Code that the individual has	3342
successfully completed any required inpatient treatment;	3343

(b) Evidence of continuing full compliance with an aftercare	3344
contract or consent agreement;	3345

(c) Two written reports indicating that the individual's	3346
ability to practice has been assessed and that the individual has	3347
been found capable of practicing according to acceptable and	3348
prevailing standards of care. The reports shall be made by	3349
individuals or providers approved by the board for making such	3350
assessments and shall describe the basis for their determination.	3351

The board may reinstate a ~~certificate~~license suspended under	3352
this division after such demonstration and after the individual	3353
has entered into a written consent agreement.	3354

When the impaired physician assistant resumes practice or	3355
prescribing, the board shall require continued monitoring of the	3356
physician assistant. The monitoring shall include compliance with	3357
the written consent agreement entered into before reinstatement or	3358
with conditions imposed by board order after a hearing, and, upon	3359
termination of the consent agreement, submission to the board for	3360
at least two years of annual written progress reports made under	3361
penalty of falsification stating whether the physician assistant	3362
has maintained sobriety.	3363

(G) If the secretary and supervising member determine that	3364
there is clear and convincing evidence that a physician assistant	3365
has violated division (B) of this section and that the	3366
individual's continued practice or prescribing presents a danger	3367
of immediate and serious harm to the public, they may recommend	3368
that the board suspend the individual's ~~certificate~~license to	3369
practice or authority to prescribe without a prior hearing.	3370
Written allegations shall be prepared for consideration by the	3371
board.	3372

The board, upon review of those allegations and by an	3373
affirmative vote of not fewer than six of its members, excluding	3374
the secretary and supervising member, may suspend a ~~certificate~~	3375
license without a prior hearing. A telephone conference call may	3376
be utilized for reviewing the allegations and taking the vote on	3377
the summary suspension.	3378

The board shall issue a written order of suspension by	3379
certified mail or in person in accordance with section 119.07 of	3380
the Revised Code. The order shall not be subject to suspension by	3381
the court during pendency of any appeal filed under section 119.12	3382
of the Revised Code. If the physician assistant requests an	3383
adjudicatory hearing by the board, the date set for the hearing	3384
shall be within fifteen days, but not earlier than seven days,	3385
after the physician assistant requests the hearing, unless	3386
otherwise agreed to by both the board and the ~~certificate~~license	3387
holder.	3388

A summary suspension imposed under this division shall remain	3389
in effect, unless reversed on appeal, until a final adjudicative	3390
order issued by the board pursuant to this section and Chapter	3391
119. of the Revised Code becomes effective. The board shall issue	3392
its final adjudicative order within sixty days after completion of	3393
its hearing. Failure to issue the order within sixty days shall	3394
result in dissolution of the summary suspension order, but shall	3395
not invalidate any subsequent, final adjudicative order.	3396

(H) If the board takes action under division (B)(11), (13),	3397
or (14) of this section, and the judicial finding of guilt, guilty	3398
plea, or judicial finding of eligibility for intervention in lieu	3399
of conviction is overturned on appeal, upon exhaustion of the	3400
criminal appeal, a petition for reconsideration of the order may	3401
be filed with the board along with appropriate court documents.	3402
Upon receipt of a petition and supporting court documents, the	3403
board shall reinstate the ~~certificate~~license to practice or	3404
~~prescribe~~. The board may then hold an adjudication under Chapter	3405
119. of the Revised Code to determine whether the individual	3406
committed the act in question. Notice of opportunity for hearing	3407
shall be given in accordance with Chapter 119. of the Revised	3408
Code. If the board finds, pursuant to an adjudication held under	3409
this division, that the individual committed the act, or if no	3410
hearing is requested, it may order any of the sanctions identified	3411
under division (B) of this section.	3412

(I) The ~~certificate~~license to practice issued to a physician	3413
assistant and the physician assistant's practice in this state are	3414
automatically suspended as of the date the physician assistant	3415
pleads guilty to, is found by a judge or jury to be guilty of, or	3416
is subject to a judicial finding of eligibility for intervention	3417
in lieu of conviction in this state or treatment or intervention	3418
in lieu of conviction in another state for any of the following	3419
criminal offenses in this state or a substantially equivalent	3420
criminal offense in another jurisdiction: aggravated murder,	3421
murder, voluntary manslaughter, felonious assault, kidnapping,	3422
rape, sexual battery, gross sexual imposition, aggravated arson,	3423
aggravated robbery, or aggravated burglary. Continued practice	3424
after the suspension shall be considered practicing without a	3425
~~certificate~~license.	3426

The board shall notify the individual subject to the	3427
suspension by certified mail or in person in accordance with	3428
section 119.07 of the Revised Code. If an individual whose	3429
~~certificate~~license is suspended under this division fails to make	3430
a timely request for an adjudication under Chapter 119. of the	3431
Revised Code, the board shall enter a final order permanently	3432
revoking the individual's ~~certificate~~license to practice.	3433

(J) In any instance in which the board is required by Chapter	3434
119. of the Revised Code to give notice of opportunity for hearing	3435
and the individual subject to the notice does not timely request a	3436
hearing in accordance with section 119.07 of the Revised Code, the	3437
board is not required to hold a hearing, but may adopt, by an	3438
affirmative vote of not fewer than six of its members, a final	3439
order that contains the board's findings. In that final order, the	3440
board may order any of the sanctions identified under division (A)	3441
or (B) of this section.	3442

(K) Any action taken by the board under division (B) of this	3443
section resulting in a suspension shall be accompanied by a	3444
written statement of the conditions under which the physician	3445
assistant's ~~certificate~~license may be reinstated. The board shall	3446
adopt rules in accordance with Chapter 119. of the Revised Code	3447
governing conditions to be imposed for reinstatement.	3448
Reinstatement of a ~~certificate~~license suspended pursuant to	3449
division (B) of this section requires an affirmative vote of not	3450
fewer than six members of the board.	3451

(L) When the board refuses to grant to an applicant a	3452
~~certificate~~license to practice as a physician assistant ~~or a~~	3453
~~certificate to prescribe~~, revokes an individual's ~~certificate~~	3454
license, refuses to issue a ~~certificate~~license, or refuses to	3455
reinstate an individual's ~~certificate~~license, the board may	3456
specify that its action is permanent. An individual subject to a	3457
permanent action taken by the board is forever thereafter	3458
ineligible to hold the ~~certificate~~license and the board shall not	3459
accept an application for reinstatement of the ~~certificate~~	3460
license or for issuance of a new ~~certificate~~license.	3461

(M) Notwithstanding any other provision of the Revised Code,	3462
all of the following apply:	3463

(1) The surrender of a ~~certificate~~license issued under this	3464
chapter is not effective unless or until accepted by the board.	3465
Reinstatement of a ~~certificate~~license surrendered to the board	3466
requires an affirmative vote of not fewer than six members of the	3467
board.	3468

(2) An application made under this chapter for a ~~certificate,~~	3469
~~approval of a physician supervisory plan, or approval of a~~	3470
~~supervision agreement~~license may not be withdrawn without	3471
approval of the board.	3472

(3) Failure by an individual to renew a ~~certificate~~license	3473
in accordance with section 4730.14 ~~or section 4730.48~~ of the	3474
Revised Code shall not remove or limit the board's jurisdiction to	3475
take disciplinary action under this section against the	3476
individual.	3477

Sec. 4730.251. On receipt of a notice pursuant to section	3478
3123.43 of the Revised Code, the state medical board shall comply	3479
with sections 3123.41 to 3123.50 of the Revised Code and any	3480
applicable rules adopted under section 3123.63 of the Revised Code	3481
with respect to a ~~certificate~~license to practice as a physician	3482
assistant issued pursuant to this chapter.	3483

Sec. 4730.27. If the state medical board has reason to	3484
believe that any person who has been granted a ~~certificate~~license	3485
under this chapter to practice as a physician assistant is	3486
mentally ill or mentally incompetent, it may file in the probate	3487
court of the county in which such person has a legal residence an	3488
affidavit in the form prescribed in section 5122.11 of the Revised	3489
Code and signed by the board secretary or a member of the	3490
secretary's staff, whereupon the same proceedings shall be had as	3491
provided in Chapter 5122. of the Revised Code. The attorney	3492
general may represent the board in any proceeding commenced under	3493
this section.	3494

If a physician assistant is adjudged by a probate court to be	3495
mentally ill or mentally incompetent, the individual's ~~certificate~~	3496
license shall be automatically suspended until the individual has	3497
filed with the board a certified copy of an adjudication by a	3498
probate court of being restored to competency or has submitted to	3499
the board proof, satisfactory to the board, of having been	3500
discharged as being restored to competency in the manner and form	3501
provided in section 5122.38 of the Revised Code. The judge of the	3502
court shall immediately notify the board of an adjudication of	3503
incompetence and note any suspension of a ~~certificate~~license in	3504
the margin of the court's record of the ~~certificate~~license.	3505

Sec. 4730.28. (A) An individual whose ~~certificate~~license to	3506
practice as a physician assistant issued under this chapter has	3507
been suspended or is in an inactive state for any cause for more	3508
than two years may apply to the state medical board to have the	3509
~~certificate~~license restored.	3510

(B)(1) The board shall not restore a ~~certificate~~license	3511
under this section unless the applicant complies with sections	3512
4776.01 to 4776.04 of the Revised Code. The board shall determine	3513
the applicant's present fitness to resume practice. The board	3514
shall consider the moral background and the activities of the	3515
applicant during the period of suspension or inactivity.	3516

(2) When restoring a ~~certificate~~license, the board may	3517
impose terms and conditions, including the following:	3518

(a) Requiring the applicant to obtain additional training and	3519
pass an examination upon completion of the training;	3520

(b) Restricting or limiting the extent, scope, or type of	3521
practice as a physician assistant that the individual may resume.	3522

Sec. 4730.31. (A) As used in this section, "prosecutor" has	3523
the same meaning as in section 2935.01 of the Revised Code.	3524

(B) Whenever any person holding a valid ~~certificate~~license	3525
to practice as a physician assistant issued pursuant to this	3526
chapter pleads guilty to, is subject to a judicial finding of	3527
guilt of, or is subject to a judicial finding of eligibility for	3528
intervention in lieu of conviction for a violation of Chapter	3529
2907., 2925., or 3719. of the Revised Code or of any substantively	3530
comparable ordinance of a municipal corporation in connection with	3531
practicing as a physician assistant, the prosecutor in the case	3532
shall, on forms prescribed and provided by the state medical	3533
board, promptly notify the board of the conviction. Within thirty	3534
days of receipt of such information, the board shall initiate	3535
action in accordance with Chapter 119. of the Revised Code to	3536
determine whether to suspend or revoke the ~~certificate~~license	3537
under section 4730.25 of the Revised Code.	3538

(C) The prosecutor in any case against any person holding a	3539
valid ~~certificate~~license issued pursuant to this chapter shall,	3540
on forms prescribed and provided by the state medical board,	3541
notify the board of any of the following:	3542

(1) A plea of guilty to, a judicial finding of guilt of, or	3543
judicial finding of eligibility for intervention in lieu of	3544
conviction for a felony, or a case where the trial court issues an	3545
order of dismissal upon technical or procedural grounds of a	3546
felony charge;	3547

(2) A plea of guilty to, a judicial finding of guilt of, or	3548
judicial finding or eligibility for intervention in lieu of	3549
conviction for a misdemeanor committed in the course of practice,	3550
or a case where the trial court issues an order of dismissal upon	3551
technical or procedural grounds of a charge of a misdemeanor, if	3552
the alleged act was committed in the course of practice;	3553

(3) A plea of guilty to, a judicial finding of guilt of, or	3554
judicial finding of eligibility for intervention in lieu of	3555
conviction for a misdemeanor involving moral turpitude, or a case	3556
where the trial court issues an order of dismissal upon technical	3557
or procedural grounds of a charge of a misdemeanor involving moral	3558
turpitude.	3559

The report shall include the name and address of the	3560
~~certificate~~license holder, the nature of the offense for which	3561
the action was taken, and the certified court documents recording	3562
the action.	3563

Sec. 4730.32. (A) Within sixty days after the imposition of	3564
any formal disciplinary action taken by a health care facility	3565
against any individual holding a valid ~~certificate~~license to	3566
practice as a physician assistant issued under this chapter, the	3567
chief administrator or executive officer of the facility shall	3568
report to the state medical board the name of the individual, the	3569
action taken by the facility, and a summary of the underlying	3570
facts leading to the action taken. Upon request, the board shall	3571
be provided certified copies of the patient records that were the	3572
basis for the facility's action. Prior to release to the board,	3573
the summary shall be approved by the peer review committee that	3574
reviewed the case or by the governing board of the facility.	3575

The filing of a report with the board or decision not to file	3576
a report, investigation by the board, or any disciplinary action	3577
taken by the board, does not preclude a health care facility from	3578
taking disciplinary action against a physician assistant.	3579

In the absence of fraud or bad faith, no individual or entity	3580
that provides patient records to the board shall be liable in	3581
damages to any person as a result of providing the records.	3582

(B) A physician assistant, professional association or	3583
society of physician assistants, physician, or professional	3584
association or society of physicians that believes a violation of	3585
any provision of this chapter, Chapter 4731. of the Revised Code,	3586
or rule of the board has occurred shall report to the board the	3587
information upon which the belief is based. This division does not	3588
require any treatment provider approved by the board under section	3589
4731.25 of the Revised Code or any employee, agent, or	3590
representative of such a provider to make reports with respect to	3591
a physician assistant participating in treatment or aftercare for	3592
substance abuse as long as the physician assistant maintains	3593
participation in accordance with the requirements of section	3594
4731.25 of the Revised Code and the treatment provider or	3595
employee, agent, or representative of the provider has no reason	3596
to believe that the physician assistant has violated any provision	3597
of this chapter or rule adopted under it, other than being	3598
impaired by alcohol, drugs, or other substances. This division	3599
does not require reporting by any member of an impaired	3600
practitioner committee established by a health care facility or by	3601
any representative or agent of a committee or program sponsored by	3602
a professional association or society of physician assistants to	3603
provide peer assistance to physician assistants with substance	3604
abuse problems with respect to a physician assistant who has been	3605
referred for examination to a treatment program approved by the	3606
board under section 4731.25 of the Revised Code if the physician	3607
assistant cooperates with the referral for examination and with	3608
any determination that the physician assistant should enter	3609
treatment and as long as the committee member, representative, or	3610
agent has no reason to believe that the physician assistant has	3611
ceased to participate in the treatment program in accordance with	3612
section 4731.25 of the Revised Code or has violated any provision	3613
of this chapter or rule adopted under it, other than being	3614
impaired by alcohol, drugs, or other substances.	3615

(C) Any professional association or society composed	3616
primarily of physician assistants that suspends or revokes an	3617
individual's membership for violations of professional ethics, or	3618
for reasons of professional incompetence or professional	3619
malpractice, within sixty days after a final decision, shall	3620
report to the board, on forms prescribed and provided by the	3621
board, the name of the individual, the action taken by the	3622
professional organization, and a summary of the underlying facts	3623
leading to the action taken.	3624

The filing or nonfiling of a report with the board,	3625
investigation by the board, or any disciplinary action taken by	3626
the board, shall not preclude a professional organization from	3627
taking disciplinary action against a physician assistant.	3628

(D) Any insurer providing professional liability insurance to	3629
any person holding a valid ~~certificate~~license to practice as a	3630
physician assistant issued under this chapter or any other entity	3631
that seeks to indemnify the professional liability of a physician	3632
assistant shall notify the board within thirty days after the	3633
final disposition of any written claim for damages where such	3634
disposition results in a payment exceeding twenty-five thousand	3635
dollars. The notice shall contain the following information:	3636

(1) The name and address of the person submitting the	3637
notification;	3638

(2) The name and address of the insured who is the subject of	3639
the claim;	3640

(3) The name of the person filing the written claim;

3641

(4) The date of final disposition;

3642

(5) If applicable, the identity of the court in which the	3643
final disposition of the claim took place.	3644

(E) The board may investigate possible violations of this	3645
chapter or the rules adopted under it that are brought to its	3646
attention as a result of the reporting requirements of this	3647
section, except that the board shall conduct an investigation if a	3648
possible violation involves repeated malpractice. As used in this	3649
division, "repeated malpractice" means three or more claims for	3650
malpractice within the previous five-year period, each resulting	3651
in a judgment or settlement in excess of twenty-five thousand	3652
dollars in favor of the claimant, and each involving negligent	3653
conduct by the physician assistant.	3654

(F) All summaries, reports, and records received and	3655
maintained by the board pursuant to this section shall be held in	3656
confidence and shall not be subject to discovery or introduction	3657
in evidence in any federal or state civil action involving a	3658
physician assistant, supervising physician, or health care	3659
facility arising out of matters that are the subject of the	3660
reporting required by this section. The board may use the	3661
information obtained only as the basis for an investigation, as	3662
evidence in a disciplinary hearing against a physician assistant	3663
or supervising physician, or in any subsequent trial or appeal of	3664
a board action or order.	3665

The board may disclose the summaries and reports it receives	3666
under this section only to health care facility committees within	3667
or outside this state that are involved in credentialing or	3668
recredentialing a physician assistant or supervising physician or	3669
reviewing their privilege to practice within a particular	3670
facility. The board shall indicate whether or not the information	3671
has been verified. Information transmitted by the board shall be	3672
subject to the same confidentiality provisions as when maintained	3673
by the board.	3674

(G) Except for reports filed by an individual pursuant to	3675
division (B) of this section, the board shall send a copy of any	3676
reports or summaries it receives pursuant to this section to the	3677
physician assistant. The physician assistant shall have the right	3678
to file a statement with the board concerning the correctness or	3679
relevance of the information. The statement shall at all times	3680
accompany that part of the record in contention.	3681

(H) An individual or entity that reports to the board or	3682
refers an impaired physician assistant to a treatment provider	3683
approved by the board under section 4731.25 of the Revised Code	3684
shall not be subject to suit for civil damages as a result of the	3685
report, referral, or provision of the information.	3686

(I) In the absence of fraud or bad faith, a professional	3687
association or society of physician assistants that sponsors a	3688
committee or program to provide peer assistance to a physician	3689
assistant with substance abuse problems, a representative or agent	3690
of such a committee or program, and a member of the state medical	3691
board shall not be held liable in damages to any person by reason	3692
of actions taken to refer a physician assistant to a treatment	3693
provider approved under section 4731.25 of the Revised Code for	3694
examination or treatment.	3695

Sec. 4730.33. The secretary of the state medical board shall	3696
enforce the laws relating to the practice of physician assistants.	3697
If the secretary has knowledge or notice of a violation of this	3698
chapter or the rules adopted under it, the secretary shall	3699
investigate the matter, and, upon probable cause appearing, file a	3700
complaint and prosecute the offender. When requested by the	3701
secretary, the prosecuting attorney of the proper county shall	3702
take charge of and conduct such prosecution.	3703

In the prosecution of any person for violation of division	3704
(A) of section 4730.02 of the Revised Code it shall not be	3705
necessary to allege or prove want of a valid ~~certificate~~license	3706
to practice as a physician assistant, but such matters shall be a	3707
matter of defense to be established by the accused.	3708

Sec. 4730.38. (A) Except as provided in division (B) of this	3709
section, the physician assistant policy committee of the state	3710
medical board shall, at such times the committee determines to be	3711
necessary, submit to the board recommendations regarding	3712
physician-delegated prescriptive authority for physician	3713
assistants. The committee's recommendations shall address both of	3714
the following:	3715

(1) Policy and procedures regarding physician-delegated	3716
prescriptive authority~~, including the issuance of certificates to~~	3717
~~prescribe under this chapter~~;	3718

(2) Any issue the committee considers necessary to assist the	3719
board in fulfilling its duty to adopt rules governing	3720
physician-delegated prescriptive authority~~, including the issuance~~	3721
~~of certificates to prescribe~~.	3722

(B) Not less than every six months beginning on the first day	3723
of June following ~~the effective date of this amendment~~March 22,	3724
2013, the committee shall review the physician assistant formulary	3725
the board adopts pursuant to division (A)(1) of section 4730.39 of	3726
the Revised Code and, to the extent it determines to be necessary,	3727
submit recommendations proposing changes to the formulary.	3728

(C) Recommendations submitted under this section are subject	3729
to the procedures and time frames specified in division (C) of	3730
section 4730.06 of the Revised Code.	3731

Sec. 4730.39. (A) The state medical board shall do ~~both~~all	3732
of the following:	3733

(1) Adopt a formulary listing the drugs and therapeutic	3734
devices by class and specific generic nomenclature that a	3735
physician may include in the physician-delegated prescriptive	3736
authority granted to a physician assistant who holds a ~~certificate~~	3737
~~to prescribe under this chapter~~valid prescriber number issued by	3738
the state medical board;	3739

(2) Adopt rules governing physician-delegated prescriptive	3740
authority for physician assistants~~, including the issuance of~~	3741
~~certificates to prescribe under this chapter~~;	3742

(3) Establish standards and procedures for delegation under	3743
division (A) of section 4730.203 of the Revised Code of the	3744
authority to administer drugs.	3745

(B) The board's rules governing physician-delegated	3746
prescriptive authority adopted pursuant to division (A)(2) of this	3747
section shall be adopted in accordance with Chapter 119. of the	3748
Revised Code and shall establish all of the following:	3749

(1) Requirements regarding the pharmacology courses that a	3750
physician assistant is required to complete ~~to receive a~~	3751
~~certificate to prescribe~~;	3752

(2) ~~Standards and procedures for the issuance and renewal of~~	3753
~~certificates to prescribe to physician assistants;~~	3754

~~(3) Standards and procedures for the appropriate conduct of~~	3755
~~the provisional period that a physician assistant is required to~~	3756
~~complete pursuant to section 4730.45 of the Revised Code and for~~	3757
~~determining whether a physician assistant has successfully~~	3758
~~completed the provisional period;~~	3759

~~(4)~~ A specific prohibition against prescribing any drug or	3760
device to perform or induce an abortion;	3761

~~(5)~~(3) Standards and procedures to be followed by a physician	3762
assistant in personally furnishing samples of drugs or complete or	3763
partial supplies of drugs to patients under section 4730.43 of the	3764
Revised Code;	3765

~~(6)~~(4) Any other requirements the board considers necessary	3766
to implement the provisions of this chapter regarding	3767
physician-delegated prescriptive authority ~~and the issuance of~~	3768
~~certificates to prescribe~~.	3769

(C)(1) After considering recommendations submitted by the	3770
physician assistant policy committee pursuant to sections 4730.06	3771
and 4730.38 of the Revised Code, the board shall review either or	3772
both of the following, as appropriate according to the submitted	3773
recommendations:	3774

(a) The formulary the board adopts under division (A)(1) of	3775
this section;	3776

(b) The rules the board adopts under division (A)(2) of this	3777
section regarding physician-delegated prescriptive authority.	3778

(2) Based on its review, the board shall make any necessary	3779
modifications to the formulary or rules.	3780

Sec. 4730.41. (A) A ~~certificate to prescribe issued under~~	3781
~~this chapter authorizes a~~ physician assistant who holds a valid	3782
prescriber number issued by the state medical board is authorized	3783
to prescribe and personally furnish drugs and therapeutic devices	3784
in the exercise of physician-delegated prescriptive authority.	3785

(B) In exercising physician-delegated prescriptive authority,	3786
a physician assistant is subject to all of the following:	3787

(1) The physician assistant shall exercise	3788
physician-delegated prescriptive authority only to the extent that	3789
the physician supervising the physician assistant has granted that	3790
authority.	3791

(2) The physician assistant shall comply with all conditions	3792
placed on the physician-delegated prescriptive authority, as	3793
specified by the supervising physician who is supervising the	3794
physician assistant in the exercise of physician-delegated	3795
prescriptive authority.	3796

(3) If the physician assistant possesses physician-delegated	3797
prescriptive authority for controlled substances, the physician	3798
assistant shall register with the federal drug enforcement	3799
administration.	3800

(4) If the physician assistant possesses physician-delegated	3801
prescriptive authority for schedule II controlled substances, the	3802
physician assistant shall comply with section 4730.411 of the	3803
Revised Code.	3804

(5) If the physician assistant possesses physician-delegated	3805
prescriptive authority to prescribe for a minor, as defined in	3806
section 3719.061 of the Revised Code, a compound that is a	3807
controlled substance containing an opioid, the physician assistant	3808
shall comply with section 3719.061 of the Revised Code.	3809

Sec. 4730.42. (A) In granting physician-delegated	3810
prescriptive authority to a particular physician assistant who	3811
holds a ~~certificate to prescribe~~valid prescriber number issued	3812
~~under this chapter~~by the state medical board, the supervising	3813
physician is subject to all of the following:	3814

(1) The supervising physician shall not grant	3815
physician-delegated prescriptive authority for any drug or	3816
therapeutic device that is not listed on the physician assistant	3817
formulary adopted under section 4730.39 of the Revised Code as a	3818
drug or therapeutic device that may be included in the	3819
physician-delegated prescriptive authority granted to a physician	3820
assistant.	3821

(2) The supervising physician shall not grant	3822
physician-delegated prescriptive authority for any drug or device	3823
that may be used to perform or induce an abortion.	3824

(3) The supervising physician shall not grant	3825
physician-delegated prescriptive authority in a manner that	3826
exceeds the supervising physician's prescriptive authority,	3827
including the physician's authority to treat chronic pain with	3828
controlled substances and products containing tramadol as	3829
described in section 4731.052 of the Revised Code.	3830

(4) The supervising physician shall supervise the physician	3831
assistant in accordance with ~~all~~both of the following:	3832

(a) The supervision requirements specified in section 4730.21	3833
of the Revised Code ~~and, in the case of supervision provided~~	3834
~~during a provisional period of physician-delegated prescriptive~~	3835
~~authority, the supervision requirements specified in section~~	3836
~~4730.45 of the Revised Code~~;	3837

(b) The ~~physician supervisory plan approved for the~~	3838
~~supervising physician or~~supervision agreement entered into with	3839
the physician assistant under section 4730.19 of the Revised Code,	3840
including, if applicable, the policies of the health care facility	3841
in which the physician and physician assistant are practicing;	3842

~~(c) The supervision agreement approved under section 4730.19~~	3843
~~of the Revised Code that applies to the supervising physician and~~	3844
~~the physician assistant~~.	3845

(B)(1) The supervising physician of a physician assistant may	3846
place conditions on the physician-delegated prescriptive authority	3847
granted to the physician assistant. If conditions are placed on	3848
that authority, the supervising physician shall maintain a written	3849
record of the conditions and make the record available to the	3850
state medical board on request.	3851

(2) The conditions that a supervising physician may place on	3852
the physician-delegated prescriptive authority granted to a	3853
physician assistant include the following:	3854

(a) Identification by class and specific generic nomenclature	3855
of drugs and therapeutic devices that the physician chooses not to	3856
permit the physician assistant to prescribe;	3857

(b) Limitations on the dosage units or refills that the	3858
physician assistant is authorized to prescribe;	3859

(c) Specification of circumstances under which the physician	3860
assistant is required to refer patients to the supervising	3861
physician or another physician when exercising physician-delegated	3862
prescriptive authority;	3863

(d) Responsibilities to be fulfilled by the physician in	3864
supervising the physician assistant that are not otherwise	3865
specified in the ~~physician supervisory plan~~supervision agreement	3866
or otherwise required by this chapter.	3867

Sec. 4730.43. (A) A physician assistant who holds a	3868
~~certificate to prescribe~~valid prescriber number issued ~~under this~~	3869
~~chapter~~by the state medical board and has been granted	3870
physician-delegated prescriptive authority ~~by a supervising~~	3871
~~physician~~ may personally furnish to a patient samples of drugs and	3872
therapeutic devices that are included in the physician assistant's	3873
physician-delegated prescriptive authority, subject to all of the	3874
following:	3875

(1) The amount of the sample furnished shall not exceed a	3876
seventy-two-hour supply, except when the minimum available	3877
quantity of the sample is packaged in an amount that is greater	3878
than a seventy-two-hour supply, in which case the physician	3879
assistant may furnish the sample in the package amount.	3880

(2) No charge may be imposed for the sample or for furnishing	3881
it.	3882

(3) Samples of controlled substances may not be personally	3883
furnished.	3884

(B) A physician assistant who holds a ~~certificate to~~	3885
~~prescribe~~valid prescriber number issued ~~under this chapter~~by the	3886
board and has been granted physician-delegated prescriptive	3887
authority ~~by a supervising physician~~ may personally furnish to a	3888
patient a complete or partial supply of the drugs and therapeutic	3889
devices that are included in the physician assistant's	3890
physician-delegated prescriptive authority, subject to all of the	3891
following:	3892

(1) The physician assistant shall personally furnish only	3893
antibiotics, antifungals, scabicides, contraceptives, prenatal	3894
vitamins, antihypertensives, drugs and devices used in the	3895
treatment of diabetes, drugs and devices used in the treatment of	3896
asthma, and drugs used in the treatment of dyslipidemia.	3897

(2) The physician assistant shall not furnish the drugs and	3898
devices in locations other than a health department operated by	3899
the board of health of a city or general health district or the	3900
authority having the duties of a board of health under section	3901
3709.05 of the Revised Code, a federally funded comprehensive	3902
primary care clinic, or a nonprofit health care clinic or program.	3903

(3) The physician assistant shall comply with all standards	3904
and procedures for personally furnishing supplies of drugs and	3905
devices, as established in rules adopted under section 4730.39 of	3906
the Revised Code.	3907

Sec. 4730.431. (A) Notwithstanding any provision of this	3908
chapter or rule adopted by the state medical board, a physician	3909
assistant who holds a ~~certificate to prescribe~~valid prescriber	3910
number issued ~~under this chapter~~by the board may personally	3911
furnish a supply of naloxone, or issue a prescription for	3912
naloxone, without having examined the individual to whom it may be	3913
administered if all of the following conditions are met:	3914

(1) The naloxone supply is furnished to, or the prescription	3915
is issued to and in the name of, a family member, friend, or other	3916
individual in a position to assist an individual who there is	3917
reason to believe is at risk of experiencing an opioid-related	3918
overdose.	3919

(2) The physician assistant instructs the individual	3920
receiving the naloxone supply or prescription to summon emergency	3921
services either immediately before or immediately after	3922
administering naloxone to an individual apparently experiencing an	3923
opioid-related overdose.	3924

(3) The naloxone is personally furnished or prescribed in	3925
such a manner that it may be administered by only either of the	3926
following routes:	3927

(a) Using a device manufactured for the intranasal	3928
administration of liquid drugs;	3929

(b) Using an autoinjector in a manufactured dosage form.

3930

(B) A physician assistant who under division (A) of this	3931
section in good faith furnishes a supply of naloxone or issues a	3932
prescription for naloxone is not liable for or subject to any of	3933
the following for any action or omission of the individual to whom	3934
the naloxone is furnished or the prescription is issued: damages	3935
in any civil action, prosecution in any criminal proceeding, or	3936
professional disciplinary action.	3937

Sec. 4730.49. (A) To be eligible for renewal of a	3938
~~certificate to prescribe~~license to practice as a physician	3939
assistant, an applicant who has been granted physician-delegated	3940
prescriptive authority is subject to both of the following:	3941

(1) The applicant shall complete every two years at least	3942
twelve hours of continuing education in pharmacology from an	3943
accredited institution recognized by the state medical board.	3944
Except as provided in division (B) of this section and in section	3945
5903.12 of the Revised Code, the continuing education shall be	3946
completed not later than the thirty-first day of January of each	3947
even-numbered year.	3948

(2)(a) Except as provided in division (A)(2)(b) of this	3949
section, in the case of an applicant who prescribes opioid	3950
analgesics or benzodiazepines, the applicant shall certify to the	3951
board whether the applicant has been granted access to the drug	3952
database established and maintained by the state board of pharmacy	3953
pursuant to section 4729.75 of the Revised Code.	3954

(b) The requirement in division (A)(2)(a) of this section	3955
does not apply if either of the following is the case:	3956

(i) The state board of pharmacy notifies the state medical	3957
board pursuant to section 4729.861 of the Revised Code that the	3958
applicant has been restricted from obtaining further information	3959
from the drug database.	3960

(ii) The state board of pharmacy no longer maintains the drug	3961
database.	3962

(c) If an applicant certifies to the state medical board that	3963
the applicant has been granted access to the drug database and the	3964
board finds through an audit or other means that the applicant has	3965
not been granted access, the board may take action under section	3966
4730.25 of the Revised Code.	3967

(B) The state medical board shall provide for pro rata	3968
reductions by month of the number of hours of continuing education	3969
in pharmacology that is required to be completed for physician	3970
assistants who are in their first ~~certification~~licensure period	3971
after completing the ~~provisional~~ period of supervision required	3972
under section ~~4730.45~~4730.12 of the Revised Code, who have been	3973
disabled due to illness or accident, or who have been absent from	3974
the country. The board shall adopt rules, in accordance with	3975
Chapter 119. of the Revised Code, as necessary to implement this	3976
division.	3977

(C) The continuing education required by this section is in	3978
addition to the continuing education required under section	3979
4730.14 of the Revised Code.	3980

Sec. 4730.51. In the information the board maintains on ~~the~~	3981
its internet web site, the state medical board shall include the	3982
following:	3983

(A) The name of each physician assistant who holds a	3984
~~certificate to prescribe~~license under this chapter;	3985

(B) For each physician assistant who holds a ~~certificate to~~	3986
~~prescribe~~valid prescriber number issued by the state medical	3987
board, the name of each supervising physician who has authority to	3988
grant physician-delegated prescriptive authority to the physician	3989
assistant.	3990

Sec. 4730.53. (A) As used in this section, "drug database"	3991
means the database established and maintained by the state board	3992
of pharmacy pursuant to section 4729.75 of the Revised Code.	3993

(B) The state medical board shall adopt rules in accordance	3994
with Chapter 119. of the Revised Code that establish standards and	3995
procedures to be followed by a physician assistant ~~who holds a~~	3996
~~certificate to prescribe issued~~licensed under this chapter who	3997
has been granted physician-delegated prescriptive authority	3998
regarding the review of patient information available through the	3999
drug database under division (A)(5) of section 4729.80 of the	4000
Revised Code.	4001

(C) This section and the rules adopted under it do not apply	4002
if the state board of pharmacy no longer maintains the drug	4003
database.	4004

Sec. 4731.07. (A) The state medical board shall keep a record	4005
of its proceedings. The minutes of a meeting of the board shall,	4006
on approval by the board, constitute an official record of its	4007
proceedings.	4008

(B) The board shall keep a register of applicants for	4009
certificates of registration and certificates to practice issued	4010
under this chapter and Chapters ~~4730.,~~ 4760., 4762., and 4774. of	4011
the Revised Code and licenses issued under ~~Chapter~~Chapters 4730.	4012
and 4778. of the Revised Code. The register shall show the name of	4013
the applicant and whether the applicant was granted or refused a	4014
certificate or license. With respect to applicants to practice	4015
medicine and surgery or osteopathic medicine and surgery, the	4016
register shall show the name of the institution that granted the	4017
applicant the degree of doctor of medicine or osteopathic	4018
medicine. The books and records of the board shall be prima-facie	4019
evidence of matters therein contained.	4020

Sec. 4761.01. As used in this chapter:

4021

(A) "Respiratory care" means rendering or offering to render	4022
to individuals, groups, organizations, or the public any service	4023
involving the evaluation of cardiopulmonary function, the	4024
treatment of cardiopulmonary impairment, the assessment of	4025
treatment effectiveness, and the care of patients with	4026
deficiencies and abnormalities associated with the cardiopulmonary	4027
system. The practice of respiratory care includes:	4028

(1) Obtaining, analyzing, testing, measuring, and monitoring	4029
blood and gas samples in the determination of cardiopulmonary	4030
parameters and related physiologic data, including flows,	4031
pressures, and volumes, and the use of equipment employed for this	4032
purpose;	4033

(2) Administering, monitoring, recording the results of, and	4034
instructing in the use of medical gases, aerosols, and	4035
bronchopulmonary hygiene techniques, including drainage,	4036
aspiration, and sampling, and applying, maintaining, and	4037
instructing in the use of artificial airways, ventilators, and	4038
other life support equipment employed in the treatment of	4039
cardiopulmonary impairment and provided in collaboration with	4040
other licensed health care professionals responsible for providing	4041
care;	4042

(3) Performing cardiopulmonary resuscitation and respiratory	4043
rehabilitation techniques;	4044

(4) Administering medications for the testing or treatment of	4045
cardiopulmonary impairment.	4046

(B) "Respiratory care professional" means a person who is	4047
licensed under this chapter to practice the full range of	4048
respiratory care services as defined in division (A) of this	4049
section.	4050

(C) "Physician" means an individual authorized under Chapter	4051
4731. of the Revised Code to practice medicine and surgery or	4052
osteopathic medicine and surgery.	4053

(D) "Registered nurse" means an individual licensed under	4054
Chapter 4723. of the Revised Code to engage in the practice of	4055
nursing as a registered nurse.	4056

(E) "Hospital" means a facility that meets the operating	4057
standards of section 3727.02 of the Revised Code.	4058

(F) "Nursing facility" has the same meaning as in section	4059
5165.01 of the Revised Code.	4060

(G) "Certified hyperbaric technologist" means a person who	4061
administers hyperbaric oxygen therapy and is certified as a	4062
hyperbaric technologist by the national board of diving and	4063
hyperbaric medical technology or its successor organization.	4064

(H) "Hyperbaric oxygen therapy" means the administration of	4065
pure oxygen in a pressurized room or chamber, except that it does	4066
not include ventilator management.	4067

(I) "Advanced practice registered nurse" has the same meaning	4068
as in section 4723.01 of the Revised Code.	4069

(J) "Physician assistant" means an individual who holds a	4070
valid ~~certificate~~license to practice issued under Chapter 4730.	4071
of the Revised Code authorizing the individual to provide services	4072
as a physician assistant to patients under the supervision,	4073
control, and direction of one or more physicians.	4074

Sec. 4761.17. All of the following apply to the practice of	4075
respiratory care by a person who holds a license or limited permit	4076
issued under this chapter:	4077

(A) The person shall practice only pursuant to a prescription	4078
or other order for respiratory care issued by aany of the	4079
following:	4080

(1) A physician ~~or by a~~;

4081

(2) A registered nurse who holds a certificate of authority	4082
issued under Chapter 4723. of the Revised Code to practice as a	4083
certified nurse practitioner or clinical nurse specialist and has	4084
entered into a standard care arrangement with a physician that	4085
allows the nurse to prescribe or order respiratory care services;	4086

(3) A physician assistant who has been granted	4087
physician-delegated prescriptive authority that allows the	4088
physician assistant to prescribe or order respiratory care	4089
services.	4090

(B) The person shall practice only under the supervision of a	4091
any of the following:	4092

(1) A physician ~~or under the supervision of a~~;

4093

(2) A certified nurse practitioner or clinical nurse	4094
specialist who is authorized to prescribe or order respiratory	4095
care services as provided in division (A)(2) of this section;	4096

(3) A physician assistant who is authorized to prescribe or	4097
order respiratory care services as provided in division (A)(3) of	4098
this section.	4099

(C) When practicing under the prescription or order of a	4100
certified nurse practitioner or clinical nurse specialist or under	4101
the supervision of such a nurse, the person's administration of	4102
medication that requires a prescription is limited to the drugs	4103
that the nurse is authorized to prescribe pursuant to the nurse's	4104
certificate to prescribe issued under section 4723.48 of the	4105
Revised Code.	4106

(D) When practicing under the prescription or order of a	4107
physician assistant or under the supervision of a physician	4108
assistant, the person's administration of medication that requires	4109
a prescription is limited to the drugs that the physician	4110
assistant is authorized to prescribe pursuant to the physician	4111
assistant's physician-delegated prescriptive authority.	4112

Sec. 4765.01. As used in this chapter:

4113

(A) "First responder" means an individual who holds a	4114
current, valid certificate issued under section 4765.30 of the	4115
Revised Code to practice as a first responder.	4116

(B) "Emergency medical technician-basic" or "EMT-basic" means	4117
an individual who holds a current, valid certificate issued under	4118
section 4765.30 of the Revised Code to practice as an emergency	4119
medical technician-basic.	4120

(C) "Emergency medical technician-intermediate" or "EMT-I"	4121
means an individual who holds a current, valid certificate issued	4122
under section 4765.30 of the Revised Code to practice as an	4123
emergency medical technician-intermediate.	4124

(D) "Emergency medical technician-paramedic" or "paramedic"	4125
means an individual who holds a current, valid certificate issued	4126
under section 4765.30 of the Revised Code to practice as an	4127
emergency medical technician-paramedic.	4128

(E) "Ambulance" means any motor vehicle that is used, or is	4129
intended to be used, for the purpose of responding to emergency	4130
medical situations, transporting emergency patients, and	4131
administering emergency medical service to patients before,	4132
during, or after transportation.	4133

(F) "Cardiac monitoring" means a procedure used for the	4134
purpose of observing and documenting the rate and rhythm of a	4135
patient's heart by attaching electrical leads from an	4136
electrocardiograph monitor to certain points on the patient's body	4137
surface.	4138

(G) "Emergency medical service" means any of the services	4139
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of	4140
the Revised Code that are performed by first responders, emergency	4141
medical technicians-basic, emergency medical	4142
technicians-intermediate, and paramedics. "Emergency medical	4143
service" includes such services performed before or during any	4144
transport of a patient, including transports between hospitals and	4145
transports to and from helicopters.	4146

(H) "Emergency medical service organization" means a public	4147
or private organization using first responders, EMTs-basic,	4148
EMTs-I, or paramedics, or a combination of first responders,	4149
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical	4150
services.	4151

(I) "Physician" means an individual who holds a current,	4152
valid certificate issued under Chapter 4731. of the Revised Code	4153
authorizing the practice of medicine and surgery or osteopathic	4154
medicine and surgery.	4155

(J) "Registered nurse" means an individual who holds a	4156
current, valid license issued under Chapter 4723. of the Revised	4157
Code authorizing the practice of nursing as a registered nurse.	4158

(K) "Volunteer" means a person who provides services either	4159
for no compensation or for compensation that does not exceed the	4160
actual expenses incurred in providing the services or in training	4161
to provide the services.	4162

(L) "Emergency medical service personnel" means first	4163
responders, emergency medical service technicians-basic, emergency	4164
medical service technicians-intermediate, emergency medical	4165
service technicians-paramedic, and persons who provide medical	4166
direction to such persons.	4167

(M) "Hospital" has the same meaning as in section 3727.01 of	4168
the Revised Code.	4169

(N) "Trauma" or "traumatic injury" means severe damage to or	4170
destruction of tissue that satisfies both of the following	4171
conditions:	4172

(1) It creates a significant risk of any of the following:

4173

(a) Loss of life;

4174

(b) Loss of a limb;

4175

4176

(d) Significant, permanent disability.

4177

(2) It is caused by any of the following:

4178

(a) Blunt or penetrating injury;

4179

(b) Exposure to electromagnetic, chemical, or radioactive	4180
energy;	4181

4182

(d) A deficit or excess of heat.

4183

(O) "Trauma victim" or "trauma patient" means a person who	4184
has sustained a traumatic injury.	4185

(P) "Trauma care" means the assessment, diagnosis,	4186
transportation, treatment, or rehabilitation of a trauma victim by	4187
emergency medical service personnel or by a physician, nurse,	4188
physician assistant, respiratory therapist, physical therapist,	4189
chiropractor, occupational therapist, speech-language pathologist,	4190
audiologist, or psychologist licensed to practice as such in this	4191
state or another jurisdiction.	4192

(Q) "Trauma center" means all of the following:

4193

(1) Any hospital that is verified by the American college of	4194
surgeons as an adult or pediatric trauma center;	4195

(2) Any hospital that is operating as an adult or pediatric	4196
trauma center under provisional status pursuant to section	4197
3727.101 of the Revised Code;	4198

(3) Until December 31, 2004, any hospital in this state that	4199
is designated by the director of health as a level II pediatric	4200
trauma center under section 3727.081 of the Revised Code;	4201

(4) Any hospital in another state that is licensed or	4202
designated under the laws of that state as capable of providing	4203
specialized trauma care appropriate to the medical needs of the	4204
trauma patient.	4205

(R) "Pediatric" means involving a patient who is less than	4206
sixteen years of age.	4207

(S) "Adult" means involving a patient who is not a pediatric	4208
patient.	4209

(T) "Geriatric" means involving a patient who is at least	4210
seventy years old or exhibits significant anatomical or	4211
physiological characteristics associated with advanced aging.	4212

(U) "Air medical organization" means an organization that	4213
provides emergency medical services, or transports emergency	4214
victims, by means of fixed or rotary wing aircraft.	4215

(V) "Emergency care" and "emergency facility" have the same	4216
meanings as in section 3727.01 of the Revised Code.	4217

(W) "Stabilize," except as it is used in division (B) of	4218
section 4765.35 of the Revised Code with respect to the manual	4219
stabilization of fractures, has the same meaning as in section	4220
1753.28 of the Revised Code.	4221

(X) "Transfer" has the same meaning as in section 1753.28 of	4222
the Revised Code.	4223

(Y) "Firefighter" means any member of a fire department as	4224
defined in section 742.01 of the Revised Code.	4225

(Z) "Volunteer firefighter" has the same meaning as in	4226
section 146.01 of the Revised Code.	4227

(AA) "Part-time paid firefighter" means a person who provides	4228
firefighting services on less than a full-time basis, is routinely	4229
scheduled to be present on site at a fire station or other	4230
designated location for purposes of responding to a fire or other	4231
emergency, and receives more than nominal compensation for the	4232
provision of firefighting services.	4233

(BB) "Physician assistant" means an individual who holds a	4234
current, valid ~~certificate~~license to practice as a physician	4235
assistant issued under Chapter 4730. of the Revised Code.	4236

Sec. 4765.51. Nothing in this chapter prevents or restricts	4237
the practice, services, or activities of any registered nurse	4238
practicing within the scope of the registered nurse's practice.	4239

Nothing in this chapter prevents or restricts the practice,	4240
services, or activities of any physician assistant practicing in	4241
accordance with a ~~physician supervisory plan approved~~supervision	4242
agreement entered into under section ~~4730.17~~4730.19 of the	4243
Revised Code or, including, if applicable, the policies of the	4244
health care facility in which the physician assistant is	4245
practicing.	4246

Sec. 5122.11. Proceedings for a mentally ill person subject	4247
to court order pursuant to sections 5122.11 to 5122.15 of the	4248
Revised Code shall be commenced by the filing of an affidavit in	4249
the manner prescribed by the department of mental health and	4250
addiction services and in a form prescribed in section 5122.111 of	4251
the Revised Code, by any person or persons with the probate court	4252
~~in the county where the mentally ill person subject to court order~~	4253
~~resides~~, either on reliable information or actual knowledge,	4254
whichever is determined to be proper by the court. This section	4255
does not apply to the hospitalization of a person pursuant to	4256
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	4257
Code.	4258

The affidavit shall contain an allegation setting forth the	4259
specific category or categories under division (B) of section	4260
5122.01 of the Revised Code upon which the jurisdiction of the	4261
court is based and a statement of alleged facts sufficient to	4262
indicate probable cause to believe that the person is a mentally	4263
ill person subject to court order. The affidavit may be	4264
accompanied, or the court may require that the affidavit be	4265
accompanied, by a certificate of a psychiatrist, or a certificate	4266
signed by a licensed clinical psychologist and a certificate	4267
signed by a licensed physician stating that the person who issued	4268
the certificate has examined the person and is of the opinion that	4269
the person is a mentally ill person subject to court order, or	4270
shall be accompanied by a written statement by the applicant,	4271
under oath, that the person has refused to submit to an	4272
examination by a psychiatrist, or by a licensed clinical	4273
psychologist and licensed physician.	4274

Upon receipt of the affidavit, if a judge of the court or a	4275
referee who is an attorney at law appointed by the court has	4276
probable cause to believe that the person named in the affidavit	4277
is a mentally ill person subject to court order, the judge or	4278
referee may issue a temporary order of detention ordering any	4279
health or police officer or sheriff to take into custody and	4280
transport the person to a hospital or other place designated in	4281
section 5122.17 of the Revised Code, or may set the matter for	4282
further hearing. If a temporary order of detention is issued and	4283
the person is transported to a hospital or other designated place,	4284
the court that issued the order shall retain jurisdiction over the	4285
case as it relates to the person's outpatient treatment,	4286
notwithstanding that the hospital or other designated place to	4287
which the person is transported is outside the territorial	4288
jurisdiction of the court.	4289

The person may be observed and treated until the hearing	4290
provided for in section 5122.141 of the Revised Code. If no such	4291
hearing is held, the person may be observed and treated until the	4292
hearing provided for in section 5122.15 of the Revised Code.	4293

Sec. 5122.111. To initiate proceedings for court-ordered	4294
treatment of a person under section 5122.11 of the Revised Code, a	4295
person or persons shall file an affidavit with the probate court	4296
that is identical in form and content to the following:	4297

AFFIDAVIT OF MENTAL ILLNESS

4298

		4299
The State of Ohio		4300
..................... County,	ss.	4301
..................... Court		4302

.................................................................			4303
the undersigned, residing at			4304
.................................................................			4305
says, that he/she has information to believe or has actual knowledge that			4306
.................................................................			4307

(Please specify specific category(ies) below with an X.)	4308

[ ] Represents a substantial risk of physical harm to self as	4309
manifested by evidence of threats of, or attempts at, suicide or	4310
serious self-inflicted bodily harm;	4311

[ ] Represents a substantial risk of physical harm to others as	4312
manifested by evidence of recent homicidal or other violent	4313
behavior or evidence of recent threats that place another in	4314
reasonable fear of violent behavior and serious physical harm or	4315
other evidence of present dangerousness;	4316

[ ] Represents a substantial and immediate risk of serious	4317
physical impairment or injury to self as manifested by evidence of	4318
being unable to provide for and of not providing for basic	4319
physical needs because of mental illness and that appropriate	4320
provision for such needs cannot be made immediately available in	4321
the community;	4322

[ ] Would benefit from treatment for mental illness and is in need	4323
of such treatment as manifested by evidence of behavior that	4324
creates a grave and imminent risk to substantial rights of others	4325
or the person; or	4326

[ ] Would benefit from treatment as manifested by evidence of	4327
behavior that indicates all of the following:	4328

(a) The person is unlikely to survive safely in the community	4329
without supervision, based on a clinical determination.	4330

(b) The person has a history of lack of compliance with treatment	4331
for mental illness and one of the following applies:	4332

(i) At least twice within the thirty-six months prior to the	4333
filing of an affidavit seeking court-ordered treatment of the	4334
person under section 5122.111 of the Revised Code, the lack of	4335
compliance has been a significant factor in necessitating	4336
hospitalization in a hospital or receipt of services in a forensic	4337
or other mental health unit of a correctional facility, provided	4338
that the thirty-six-month period shall be extended by the length	4339
of any hospitalization or incarceration of the person that	4340
occurred within the thirty-six-month period.	4341

(ii) Within the forty-eight months prior to the filing of an	4342
affidavit seeking court-ordered treatment of the person under	4343
section 5122.111 of the Revised Code, the lack of compliance	4344
resulted in one or more acts of serious violent behavior toward	4345
self or others or threats of, or attempts at, serious physical	4346
harm to self or others, provided that the forty-eight-month period	4347
shall be extended by the length of any hospitalization or	4348
incarceration of the person that occurred within the	4349
forty-eight-month period.	4350

(c) The person, as a result of mental illness, is unlikely to	4351
voluntarily participate in necessary treatment.	4352

(d) In view of the person's treatment history and current	4353
behavior, the person is in need of treatment in order to prevent a	4354
relapse or deterioration that would be likely to result in	4355
substantial risk of serious harm to the person or others.	4356

.................................................................			4357
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows:			4358
.................................................................			4359
.................................................................			4360
.................................................................			4361
.................................................................			4362
.................................................................			4363
.................................................................			4364
These facts being sufficient to indicate probable cause that the			4365
above said person is a mentally ill person subject to			4366
court order.			4367

Name of Patient's Last Physician or Licensed Clinical Psychologist			4368
.................................................................			4369
Address of Patient's Last Physician or Licensed Clinical Psychologist			4370
.................................................................			4371
.................................................................			4372

The name and address of respondent's legal guardian, spouse, and	4373
adult next of kin are:	4374

Name	Kinship	Address	4375
			4376
	Legal Guardian		4377
			4378
			4379
	Spouse		4380
			4381
			4382
	Adult Next of Kin		4383
			4384
			4385
	Adult Next of Kin		4386
			4387

The following constitutes additional information that may be			4388
necessary for the purpose of determining residence:			4389
.................................................................			4390
.................................................................			4391
.................................................................			4392
.................................................................			4393
.................................................................			4394

Dated this ............. day of ..............., 20...	4395

			4396
	Signature of the party filing the affidavit		4397

Sworn to before me and signed in my presence on the day and year	4398
above dated.	4399

			4400
	Signature of Probate Judge		4401

			4402
	~~Signature of~~, Deputy Clerk, or Notary Public		4403

WAIVER	4404

I, the undersigned party filing the affidavit hereby waive the	4405
issuing and service of notice of the hearing on said affidavit,	4406
and voluntarily enter my appearance herein.	4407

Dated this ............. day of ..............., 20...	4408

			4409
	Signature of the party filing the affidavit		4410

Sec. 5123.47. (A) As used in this section:

4411

(1) "In-home care" means the supportive services provided	4412
within the home of an individual with mental retardation or a	4413
developmental disability who receives funding for the services	4414
through a county board of developmental disabilities, including	4415
any recipient of residential services funded as home and	4416
community-based services, family support services provided under	4417
section 5126.11 of the Revised Code, or supported living provided	4418
in accordance with sections 5126.41 to 5126.47 of the Revised	4419
Code. "In-home care" includes care that is provided outside an	4420
individual's home in places incidental to the home, and while	4421
traveling to places incidental to the home, except that "in-home	4422
care" does not include care provided in the facilities of a county	4423
board of developmental disabilities or care provided in schools.	4424

(2) "Parent" means either parent of a child, including an	4425
adoptive parent but not a foster parent.	4426

(3) "Unlicensed in-home care worker" means an individual who	4427
provides in-home care but is not a health care professional.	4428

(4) "Family member" means a parent, sibling, spouse, son,	4429
daughter, grandparent, aunt, uncle, cousin, or guardian of the	4430
individual with mental retardation or a developmental disability	4431
if the individual with mental retardation or developmental	4432
disabilities lives with the person and is dependent on the person	4433
to the extent that, if the supports were withdrawn, another living	4434
arrangement would have to be found.	4435

(5) "Health care professional" means any of the following:

4436

(a) A dentist who holds a valid license issued under Chapter	4437
4715. of the Revised Code;	4438

(b) A registered or licensed practical nurse who holds a	4439
valid license issued under Chapter 4723. of the Revised Code;	4440

(c) An optometrist who holds a valid license issued under	4441
Chapter 4725. of the Revised Code;	4442

(d) A pharmacist who holds a valid license issued under	4443
Chapter 4729. of the Revised Code;	4444

(e) A person who holds a valid certificate issued under	4445
Chapter 4731. of the Revised Code to practice medicine and	4446
surgery, osteopathic medicine and surgery, podiatric medicine and	4447
surgery, or a limited brand of medicine;	4448

(f) A physician assistant who holds a valid ~~certificate~~	4449
license issued under Chapter 4730. of the Revised Code;	4450

(g) An occupational therapist or occupational therapy	4451
assistant or a physical therapist or physical therapist assistant	4452
who holds a valid license issued under Chapter 4755. of the	4453
Revised Code;	4454

(h) A respiratory care professional who holds a valid license	4455
issued under Chapter 4761. of the Revised Code.	4456

(6) "Health care task" means a task that is prescribed,	4457
ordered, delegated, or otherwise directed by a health care	4458
professional acting within the scope of the professional's	4459
practice.	4460

(B) Except as provided in division (E) of this section, a	4461
family member of an individual with mental retardation or a	4462
developmental disability may authorize an unlicensed in-home care	4463
worker to administer oral and topical prescribed medications or	4464
perform other health care tasks as part of the in-home care the	4465
worker provides to the individual, if all of the following apply:	4466

(1) The family member is the primary supervisor of the care.

4467

(2) The unlicensed in-home care worker has been selected by	4468
the family member or the individual receiving care and is under	4469
the direct supervision of the family member.	4470

(3) The unlicensed in-home care worker is providing the care	4471
through an employment or other arrangement entered into directly	4472
with the family member and is not otherwise employed by or under	4473
contract with a person or government entity to provide services to	4474
individuals with mental retardation and developmental	4475
disabilities.	4476

(C) A family member shall obtain a prescription, if	4477
applicable, and written instructions from a health care	4478
professional for the care to be provided to the individual. The	4479
family member shall authorize the unlicensed in-home care worker	4480
to provide the care by preparing a written document granting the	4481
authority. The family member shall provide the unlicensed in-home	4482
care worker with appropriate training and written instructions in	4483
accordance with the instructions obtained from the health care	4484
professional.	4485

(D) A family member who authorizes an unlicensed in-home care	4486
worker to administer oral and topical prescribed medications or	4487
perform other health care tasks retains full responsibility for	4488
the health and safety of the individual receiving the care and for	4489
ensuring that the worker provides the care appropriately and	4490
safely. No entity that funds or monitors the provision of in-home	4491
care may be held liable for the results of the care provided under	4492
this section by an unlicensed in-home care worker, including such	4493
entities as the county board of developmental disabilities and the	4494
department of developmental disabilities.	4495

An unlicensed in-home care worker who is authorized under	4496
this section by a family member to provide care to an individual	4497
may not be held liable for any injury caused in providing the	4498
care, unless the worker provides the care in a manner that is not	4499
in accordance with the training and instructions received or the	4500
worker acts in a manner that constitutes wanton or reckless	4501
misconduct.	4502

(E) A county board of developmental disabilities may evaluate	4503
the authority granted by a family member under this section to an	4504
unlicensed in-home care worker at any time it considers necessary	4505
and shall evaluate the authority on receipt of a complaint. If the	4506
board determines that a family member has acted in a manner that	4507
is inappropriate for the health and safety of the individual	4508
receiving the care, the authorization granted by the family member	4509
to an unlicensed in-home care worker is void, and the family	4510
member may not authorize other unlicensed in-home care workers to	4511
provide the care. In making such a determination, the board shall	4512
use appropriately licensed health care professionals and shall	4513
provide the family member an opportunity to file a complaint under	4514
section 5126.06 of the Revised Code.	4515

Section 2. That existing sections 1.64, 2133.211, 2151.3515	4516
2305.113, 2925.61, 3701.92, 3727.06, 3729.05, 4123.01, 4123.026,	4517
4123.46, 4503.44, 4723.01, 4723.06, 4723.07, 4723.18, 4723.181,	4518
4723.48, 4723.482, 4723.50, 4729.01, 4730.01, 4730.02, 4730.03,	4519
4730.04, 4730.06, 4730.08, 4730.091, 4730.10, 4730.101, 4730.11,	4520
4730.12, 4730.13, 4730.14, 4730.19, 4730.21, 4730.22, 4730.25,	4521
4730.251, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.38,	4522
4730.39, 4730.41, 4730.42, 4730.43, 4730.431, 4730.49, 4730.51,	4523
4730.53, 4731.07, 4761.01, 4761.17, 4765.01, 4765.51, 5122.11,	4524
5122.111, and 5123.47 and sections 4730.081, 4730.09, 4730.15,	4525
4730.16, 4730.17, 4730.18, 4730.20, 4730.44, 4730.45, 4730.46,	4526
4730.47, 4730.48, 4730.50, and 4730.52 of the Revised Code are	4527
hereby repealed.	4528

Section 3. That the versions of sections 4730.25 and 4730.53	4529
of the Revised Code that are scheduled to take effect April 1,	4530
2015, be amended to read as follows:	4531

Sec. 4730.25. (A) The state medical board, by an affirmative	4532
vote of not fewer than six members, may revoke or may refuse to	4533
grant a ~~certificate~~license to practice as a physician assistant	4534
~~or a certificate to prescribe~~ to a person found by the board to	4535
have committed fraud, misrepresentation, or deception in applying	4536
for or securing the ~~certificate~~license.	4537

(B) The board, by an affirmative vote of not fewer than six	4538
members, shall, to the extent permitted by law, limit, revoke, or	4539
suspend an individual's ~~certificate~~license to practice as a	4540
physician assistant or ~~certificate to prescribe~~prescriber number,	4541
refuse to issue a ~~certificate~~license to an applicant, refuse to	4542
reinstate a ~~certificate~~license, or reprimand or place on	4543
probation the holder of a ~~certificate~~license for any of the	4544
following reasons:	4545

(1) Failure to practice in accordance with the ~~conditions~~	4546
~~under which the~~ supervising physician's supervision agreement with	4547
the physician assistant ~~was approved, including the requirement~~	4548
~~that when practicing under a particular supervising physician, the~~	4549
~~physician assistant must practice only according to the physician~~	4550
~~supervisory plan the board approved for that physician or~~,	4551
including, if applicable, the policies of the health care facility	4552
in which the supervising physician and physician assistant are	4553
practicing;	4554

(2) Failure to comply with the requirements of this chapter,	4555
Chapter 4731. of the Revised Code, or any rules adopted by the	4556
board;	4557

(3) Violating or attempting to violate, directly or	4558
indirectly, or assisting in or abetting the violation of, or	4559
conspiring to violate, any provision of this chapter, Chapter	4560
4731. of the Revised Code, or the rules adopted by the board;	4561

(4) Inability to practice according to acceptable and	4562
prevailing standards of care by reason of mental illness or	4563
physical illness, including physical deterioration that adversely	4564
affects cognitive, motor, or perceptive skills;	4565

(5) Impairment of ability to practice according to acceptable	4566
and prevailing standards of care because of habitual or excessive	4567
use or abuse of drugs, alcohol, or other substances that impair	4568
ability to practice;	4569

(6) Administering drugs for purposes other than those	4570
authorized under this chapter;	4571

(7) Willfully betraying a professional confidence;

4572

(8) Making a false, fraudulent, deceptive, or misleading	4573
statement in soliciting or advertising for employment as a	4574
physician assistant; in connection with any solicitation or	4575
advertisement for patients; in relation to the practice of	4576
medicine as it pertains to physician assistants; or in securing or	4577
attempting to secure a ~~certificate~~license to practice as a	4578
physician assistant~~, a certificate to prescribe, or approval of a~~	4579
~~supervision agreement~~.	4580

As used in this division, "false, fraudulent, deceptive, or	4581
misleading statement" means a statement that includes a	4582
misrepresentation of fact, is likely to mislead or deceive because	4583
of a failure to disclose material facts, is intended or is likely	4584
to create false or unjustified expectations of favorable results,	4585
or includes representations or implications that in reasonable	4586
probability will cause an ordinarily prudent person to	4587
misunderstand or be deceived.	4588

(9) Representing, with the purpose of obtaining compensation	4589
or other advantage personally or for any other person, that an	4590
incurable disease or injury, or other incurable condition, can be	4591
permanently cured;	4592

(10) The obtaining of, or attempting to obtain, money or	4593
anything of value by fraudulent misrepresentations in the course	4594
of practice;	4595

(11) A plea of guilty to, a judicial finding of guilt of, or	4596
a judicial finding of eligibility for intervention in lieu of	4597
conviction for, a felony;	4598

(12) Commission of an act that constitutes a felony in this	4599
state, regardless of the jurisdiction in which the act was	4600
committed;	4601

(13) A plea of guilty to, a judicial finding of guilt of, or	4602
a judicial finding of eligibility for intervention in lieu of	4603
conviction for, a misdemeanor committed in the course of practice;	4604

(14) A plea of guilty to, a judicial finding of guilt of, or	4605
a judicial finding of eligibility for intervention in lieu of	4606
conviction for, a misdemeanor involving moral turpitude;	4607

(15) Commission of an act in the course of practice that	4608
constitutes a misdemeanor in this state, regardless of the	4609
jurisdiction in which the act was committed;	4610

(16) Commission of an act involving moral turpitude that	4611
constitutes a misdemeanor in this state, regardless of the	4612
jurisdiction in which the act was committed;	4613

(17) A plea of guilty to, a judicial finding of guilt of, or	4614
a judicial finding of eligibility for intervention in lieu of	4615
conviction for violating any state or federal law regulating the	4616
possession, distribution, or use of any drug, including	4617
trafficking in drugs;	4618

(18) Any of the following actions taken by the state agency	4619
responsible for regulating the practice of physician assistants in	4620
another state, for any reason other than the nonpayment of fees:	4621
the limitation, revocation, or suspension of an individual's	4622
license to practice; acceptance of an individual's license	4623
surrender; denial of a license; refusal to renew or reinstate a	4624
license; imposition of probation; or issuance of an order of	4625
censure or other reprimand;	4626

(19) A departure from, or failure to conform to, minimal	4627
standards of care of similar physician assistants under the same	4628
or similar circumstances, regardless of whether actual injury to a	4629
patient is established;	4630

(20) Violation of the conditions placed by the board on a	4631
~~certificate~~license to practice as a physician assistant~~, a~~	4632
~~certificate to prescribe, a physician supervisory plan, or~~	4633
~~supervision agreement~~;	4634

(21) Failure to use universal blood and body fluid	4635
precautions established by rules adopted under section 4731.051 of	4636
the Revised Code;	4637

(22) Failure to cooperate in an investigation conducted by	4638
the board under section 4730.26 of the Revised Code, including	4639
failure to comply with a subpoena or order issued by the board or	4640
failure to answer truthfully a question presented by the board at	4641
a deposition or in written interrogatories, except that failure to	4642
cooperate with an investigation shall not constitute grounds for	4643
discipline under this section if a court of competent jurisdiction	4644
has issued an order that either quashes a subpoena or permits the	4645
individual to withhold the testimony or evidence in issue;	4646

(23) Assisting suicide, as defined in section 3795.01 of the	4647
Revised Code;	4648

(24) Prescribing any drug or device to perform or induce an	4649
abortion, or otherwise performing or inducing an abortion;	4650

(25) Failure to comply with section 4730.53 of the Revised	4651
Code, unless the board no longer maintains a drug database	4652
pursuant to section 4729.75 of the Revised Code;	4653

~~(25)~~(26) Failure to comply with the requirements in section	4654
3719.061 of the Revised Code before issuing tofor a minor a	4655
prescription for a controlled substance containing an opioid;	4656

(27) Having certification by the national commission on	4657
certification of physician assistants or a successor organization	4658
expire, lapse, or be suspended or revoked.	4659

(C) Disciplinary actions taken by the board under divisions	4660
(A) and (B) of this section shall be taken pursuant to an	4661
adjudication under Chapter 119. of the Revised Code, except that	4662
in lieu of an adjudication, the board may enter into a consent	4663
agreement with a physician assistant or applicant to resolve an	4664
allegation of a violation of this chapter or any rule adopted	4665
under it. A consent agreement, when ratified by an affirmative	4666
vote of not fewer than six members of the board, shall constitute	4667
the findings and order of the board with respect to the matter	4668
addressed in the agreement. If the board refuses to ratify a	4669
consent agreement, the admissions and findings contained in the	4670
consent agreement shall be of no force or effect.	4671

(D) For purposes of divisions (B)(12), (15), and (16) of this	4672
section, the commission of the act may be established by a finding	4673
by the board, pursuant to an adjudication under Chapter 119. of	4674
the Revised Code, that the applicant or ~~certificate~~license holder	4675
committed the act in question. The board shall have no	4676
jurisdiction under these divisions in cases where the trial court	4677
renders a final judgment in the ~~certificate~~license holder's	4678
favor and that judgment is based upon an adjudication on the	4679
merits. The board shall have jurisdiction under these divisions in	4680
cases where the trial court issues an order of dismissal upon	4681
technical or procedural grounds.	4682

(E) The sealing of conviction records by any court shall have	4683
no effect upon a prior board order entered under the provisions of	4684
this section or upon the board's jurisdiction to take action under	4685
the provisions of this section if, based upon a plea of guilty, a	4686
judicial finding of guilt, or a judicial finding of eligibility	4687
for intervention in lieu of conviction, the board issued a notice	4688
of opportunity for a hearing prior to the court's order to seal	4689
the records. The board shall not be required to seal, destroy,	4690
redact, or otherwise modify its records to reflect the court's	4691
sealing of conviction records.	4692

(F) For purposes of this division, any individual who holds a	4693
~~certificate~~license issued under this chapter, or applies for a	4694
~~certificate~~license issued under this chapter, shall be deemed to	4695
have given consent to submit to a mental or physical examination	4696
when directed to do so in writing by the board and to have waived	4697
all objections to the admissibility of testimony or examination	4698
reports that constitute a privileged communication.	4699

(1) In enforcing division (B)(4) of this section, the board,	4700
upon a showing of a possible violation, may compel any individual	4701
who holds a ~~certificate~~license issued under this chapter or who	4702
has applied for a ~~certificate~~license pursuant to this chapter to	4703
submit to a mental examination, physical examination, including an	4704
HIV test, or both a mental and physical examination. The expense	4705
of the examination is the responsibility of the individual	4706
compelled to be examined. Failure to submit to a mental or	4707
physical examination or consent to an HIV test ordered by the	4708
board constitutes an admission of the allegations against the	4709
individual unless the failure is due to circumstances beyond the	4710
individual's control, and a default and final order may be entered	4711
without the taking of testimony or presentation of evidence. If	4712
the board finds a physician assistant unable to practice because	4713
of the reasons set forth in division (B)(4) of this section, the	4714
board shall require the physician assistant to submit to care,	4715
counseling, or treatment by physicians approved or designated by	4716
the board, as a condition for an initial, continued, reinstated,	4717
or renewed ~~certificate~~license. An individual affected under this	4718
division shall be afforded an opportunity to demonstrate to the	4719
board the ability to resume practicing in compliance with	4720
acceptable and prevailing standards of care.	4721

(2) For purposes of division (B)(5) of this section, if the	4722
board has reason to believe that any individual who holds a	4723
~~certificate~~license issued under this chapter or any applicant for	4724
a ~~certificate~~license suffers such impairment, the board may	4725
compel the individual to submit to a mental or physical	4726
examination, or both. The expense of the examination is the	4727
responsibility of the individual compelled to be examined. Any	4728
mental or physical examination required under this division shall	4729
be undertaken by a treatment provider or physician qualified to	4730
conduct such examination and chosen by the board.	4731

Failure to submit to a mental or physical examination ordered	4732
by the board constitutes an admission of the allegations against	4733
the individual unless the failure is due to circumstances beyond	4734
the individual's control, and a default and final order may be	4735
entered without the taking of testimony or presentation of	4736
evidence. If the board determines that the individual's ability to	4737
practice is impaired, the board shall suspend the individual's	4738
~~certificate~~license or deny the individual's application and shall	4739
require the individual, as a condition for initial, continued,	4740
reinstated, or renewed ~~certification~~licensure to practice or	4741
authority to prescribe, to submit to treatment.	4742

Before being eligible to apply for reinstatement of a	4743
~~certificate~~license suspended under this division, the physician	4744
assistant shall demonstrate to the board the ability to resume	4745
practice or prescribing in compliance with acceptable and	4746
prevailing standards of care. The demonstration shall include the	4747
following:	4748

(a) Certification from a treatment provider approved under	4749
section 4731.25 of the Revised Code that the individual has	4750
successfully completed any required inpatient treatment;	4751

(b) Evidence of continuing full compliance with an aftercare	4752
contract or consent agreement;	4753

(c) Two written reports indicating that the individual's	4754
ability to practice has been assessed and that the individual has	4755
been found capable of practicing according to acceptable and	4756
prevailing standards of care. The reports shall be made by	4757
individuals or providers approved by the board for making such	4758
assessments and shall describe the basis for their determination.	4759

The board may reinstate a ~~certificate~~license suspended under	4760
this division after such demonstration and after the individual	4761
has entered into a written consent agreement.	4762

When the impaired physician assistant resumes practice or	4763
prescribing, the board shall require continued monitoring of the	4764
physician assistant. The monitoring shall include compliance with	4765
the written consent agreement entered into before reinstatement or	4766
with conditions imposed by board order after a hearing, and, upon	4767
termination of the consent agreement, submission to the board for	4768
at least two years of annual written progress reports made under	4769
penalty of falsification stating whether the physician assistant	4770
has maintained sobriety.	4771

(G) If the secretary and supervising member determine that	4772
there is clear and convincing evidence that a physician assistant	4773
has violated division (B) of this section and that the	4774
individual's continued practice or prescribing presents a danger	4775
of immediate and serious harm to the public, they may recommend	4776
that the board suspend the individual's ~~certificate~~license to	4777
practice or authority to prescribe without a prior hearing.	4778
Written allegations shall be prepared for consideration by the	4779
board.	4780

The board, upon review of those allegations and by an	4781
affirmative vote of not fewer than six of its members, excluding	4782
the secretary and supervising member, may suspend a ~~certificate~~	4783
license without a prior hearing. A telephone conference call may	4784
be utilized for reviewing the allegations and taking the vote on	4785
the summary suspension.	4786

The board shall issue a written order of suspension by	4787
certified mail or in person in accordance with section 119.07 of	4788
the Revised Code. The order shall not be subject to suspension by	4789
the court during pendency of any appeal filed under section 119.12	4790
of the Revised Code. If the physician assistant requests an	4791
adjudicatory hearing by the board, the date set for the hearing	4792
shall be within fifteen days, but not earlier than seven days,	4793
after the physician assistant requests the hearing, unless	4794
otherwise agreed to by both the board and the ~~certificate~~license	4795
holder.	4796

A summary suspension imposed under this division shall remain	4797
in effect, unless reversed on appeal, until a final adjudicative	4798
order issued by the board pursuant to this section and Chapter	4799
119. of the Revised Code becomes effective. The board shall issue	4800
its final adjudicative order within sixty days after completion of	4801
its hearing. Failure to issue the order within sixty days shall	4802
result in dissolution of the summary suspension order, but shall	4803
not invalidate any subsequent, final adjudicative order.	4804

(H) If the board takes action under division (B)(11), (13),	4805
or (14) of this section, and the judicial finding of guilt, guilty	4806
plea, or judicial finding of eligibility for intervention in lieu	4807
of conviction is overturned on appeal, upon exhaustion of the	4808
criminal appeal, a petition for reconsideration of the order may	4809
be filed with the board along with appropriate court documents.	4810
Upon receipt of a petition and supporting court documents, the	4811
board shall reinstate the ~~certificate~~license to practice or	4812
~~prescribe~~. The board may then hold an adjudication under Chapter	4813
119. of the Revised Code to determine whether the individual	4814
committed the act in question. Notice of opportunity for hearing	4815
shall be given in accordance with Chapter 119. of the Revised	4816
Code. If the board finds, pursuant to an adjudication held under	4817
this division, that the individual committed the act, or if no	4818
hearing is requested, it may order any of the sanctions identified	4819
under division (B) of this section.	4820

(I) The ~~certificate~~license to practice issued to a physician	4821
assistant and the physician assistant's practice in this state are	4822
automatically suspended as of the date the physician assistant	4823
pleads guilty to, is found by a judge or jury to be guilty of, or	4824
is subject to a judicial finding of eligibility for intervention	4825
in lieu of conviction in this state or treatment or intervention	4826
in lieu of conviction in another state for any of the following	4827
criminal offenses in this state or a substantially equivalent	4828
criminal offense in another jurisdiction: aggravated murder,	4829
murder, voluntary manslaughter, felonious assault, kidnapping,	4830
rape, sexual battery, gross sexual imposition, aggravated arson,	4831
aggravated robbery, or aggravated burglary. Continued practice	4832
after the suspension shall be considered practicing without a	4833
~~certificate~~license.	4834

The board shall notify the individual subject to the	4835
suspension by certified mail or in person in accordance with	4836
section 119.07 of the Revised Code. If an individual whose	4837
~~certificate~~license is suspended under this division fails to make	4838
a timely request for an adjudication under Chapter 119. of the	4839
Revised Code, the board shall enter a final order permanently	4840
revoking the individual's ~~certificate~~license to practice.	4841

(J) In any instance in which the board is required by Chapter	4842
119. of the Revised Code to give notice of opportunity for hearing	4843
and the individual subject to the notice does not timely request a	4844
hearing in accordance with section 119.07 of the Revised Code, the	4845
board is not required to hold a hearing, but may adopt, by an	4846
affirmative vote of not fewer than six of its members, a final	4847
order that contains the board's findings. In that final order, the	4848
board may order any of the sanctions identified under division (A)	4849
or (B) of this section.	4850

(K) Any action taken by the board under division (B) of this	4851
section resulting in a suspension shall be accompanied by a	4852
written statement of the conditions under which the physician	4853
assistant's ~~certificate~~license may be reinstated. The board shall	4854
adopt rules in accordance with Chapter 119. of the Revised Code	4855
governing conditions to be imposed for reinstatement.	4856
Reinstatement of a ~~certificate~~license suspended pursuant to	4857
division (B) of this section requires an affirmative vote of not	4858
fewer than six members of the board.	4859

(L) When the board refuses to grant to an applicant a	4860
~~certificate~~license to practice as a physician assistant ~~or a~~	4861
~~certificate to prescribe~~, revokes an individual's ~~certificate~~	4862
license, refuses to issue a ~~certificate~~license, or refuses to	4863
reinstate an individual's ~~certificate~~license, the board may	4864
specify that its action is permanent. An individual subject to a	4865
permanent action taken by the board is forever thereafter	4866
ineligible to hold the ~~certificate~~license and the board shall not	4867
accept an application for reinstatement of the ~~certificate~~	4868
license or for issuance of a new ~~certificate~~license.	4869

(M) Notwithstanding any other provision of the Revised Code,	4870
all of the following apply:	4871

(1) The surrender of a ~~certificate~~license issued under this	4872
chapter is not effective unless or until accepted by the board.	4873
Reinstatement of a ~~certificate~~license surrendered to the board	4874
requires an affirmative vote of not fewer than six members of the	4875
board.	4876

(2) An application made under this chapter for a ~~certificate,~~	4877
~~approval of a physician supervisory plan, or approval of a~~	4878
~~supervision agreement~~license may not be withdrawn without	4879
approval of the board.	4880

(3) Failure by an individual to renew a ~~certificate~~license	4881
in accordance with section 4730.14 ~~or section 4730.48~~ of the	4882
Revised Code shall not remove or limit the board's jurisdiction to	4883
take disciplinary action under this section against the	4884
individual.	4885

Sec. 4730.53. (A) As used in this section, "drug database"	4886
means the database established and maintained by the state board	4887
of pharmacy pursuant to section 4729.75 of the Revised Code.	4888

(B) Except as provided in divisions (C) and (E) of this	4889
section, a physician assistant ~~holding a certificate to prescribe~~	4890
~~issued~~licensed under this chapter who has been granted	4891
physician-delegated prescriptive authority shall comply with all	4892
of the following as conditions of prescribing a drug that is	4893
either an opioid analgesic or a benzodiazepine as part of a	4894
patient's course of treatment for a particular condition:	4895

(1) Before initially prescribing the drug, the physician	4896
assistant or the physician assistant's delegate shall request from	4897
the drug database a report of information related to the patient	4898
that covers at least the twelve months immediately preceding the	4899
date of the request. If the physician assistant practices	4900
primarily in a county of this state that adjoins another state,	4901
the physician assistant or delegate also shall request a report of	4902
any information available in the drug database that pertains to	4903
prescriptions issued or drugs furnished to the patient in the	4904
state adjoining that county.	4905

(2) If the patient's course of treatment for the condition	4906
continues for more than ninety days after the initial report is	4907
requested, the physician assistant or delegate shall make periodic	4908
requests for reports of information from the drug database until	4909
the course of treatment has ended. The requests shall be made at	4910
intervals not exceeding ninety days, determined according to the	4911
date the initial request was made. The request shall be made in	4912
the same manner provided in division (B)(1) of this section for	4913
requesting the initial report of information from the drug	4914
database.	4915

(3) On receipt of a report under division (B)(1) or (2) of	4916
this section, the physician assistant shall assess the information	4917
in the report. The physician assistant shall document in the	4918
patient's record that the report was received and the information	4919
was assessed.	4920

(C) Division (B) of this section does not apply in any of the	4921
following circumstances:	4922

(1) A drug database report regarding the patient is not	4923
available, in which case the physician assistant shall document in	4924
the patient's record the reason that the report is not available.	4925

(2) The drug is prescribed in an amount indicated for a	4926
period not to exceed seven days.	4927

(3) The drug is prescribed for the treatment of cancer or	4928
another condition associated with cancer.	4929

(4) The drug is prescribed to a hospice patient in a hospice	4930
care program, as those terms are defined in section 3712.01 of the	4931
Revised Code, or any other patient diagnosed as terminally ill.	4932

(5) The drug is prescribed for administration in a hospital,	4933
nursing home, or residential care facility.	4934

(D) With respect to prescribing any drug that is not an	4935
opioid analgesic or a benzodiazepine but is included in the drug	4936
database pursuant to rules adopted under section 4729.84 of the	4937
Revised Code, the state medical board shall adopt rules that	4938
establish standards and procedures to be followed by a physician	4939
assistant ~~who holds a certificate to prescribe issued~~licensed	4940
under this chapter who has been granted physician-delegated	4941
prescriptive authority regarding the review of patient information	4942
available through the drug database under division (A)(5) of	4943
section 4729.80 of the Revised Code. The rules shall be adopted in	4944
accordance with Chapter 119. of the Revised Code.	4945

(E) This section and the rules adopted under it do not apply	4946
if the state board of pharmacy no longer maintains the drug	4947
database.	4948

Section 4. That the existing versions of sections 4730.25 and	4949
4730.53 of the Revised Code that are scheduled to take effect	4950
April 1, 2015, are hereby repealed.	4951

Section 5. Sections 3 and 4 of this act shall take effect	4952
April 1, 2015.	4953

Section 6. (A) The State Medical Board may continue to issue	4954
certificates to practice and certificates to prescribe pursuant to	4955
Chapter 4730. of the Revised Code for not longer than ninety days	4956
after the effective date of this act. Thereafter, the Board shall	4957
issue physician assistant licenses in compliance with this act.	4958

(B) Certificates to practice and certificates to prescribe	4959
issued pursuant to division (A) of this section or Chapter 4730.	4960
of the Revised Code, as it existed immediately prior to the	4961
effective date of this act, shall satisfy the requirements for	4962
physician assistant licenses, as created by this act, until the	4963
thirty-first day of January of the first even-numbered year	4964
following the effective date of this act.	4965

Section 7. Section 4730.25 of the Revised Code is presented	4966
in Section 4 of this act as a composite of the section as amended	4967
by Sub. H.B. 314, Am. Sub. H.B. 341, and Am. Sub. H.B. 483, all of	4968
the 130th General Assembly. The General Assembly, applying the	4969
principle stated in division (B) of section 1.52 of the Revised	4970
Code that amendments are to be harmonized if reasonably capable of	4971
simultaneous operation, finds that the composite is the resulting	4972
version of the section in effect prior to the effective date of	4973
the section as presented in this act.	4974