HB 440 — Regards the Board of Nursing and criminal records check results

No.

440 Page 4 As Passed by the House whether section 4723.09, 4723.26, 4723.651, 4723.75, 4723.85, or 75 4723.89 of the Revised Code;

76 (b) Whether any temporary permit granted to the individual 77 under section 4723.09 of the Revised Code has terminated 78 automatically.

79 (2) The results may be made available to any person for 80 use in determining under division (D) of section 4723.24 of the 81 Revised Code whether ;

82 (c) Whether the individual who is the subject of the check 83 should have the individual's license or certificate reactivated 84 or reinstated.

85 (3) The results may be made available to any person for 86 use in determining under section 4723.28 of the Revised Code 87 whether under division (D) of section 4723.24 of the Revised 88 Code;

89 (d) Whether the individual who is the subject of the check 90 should be subject to disciplinary action in accordance with that 91 section 4723.28 of the Revised Code.

92 (4) The results may be made available to the individual 93 who is the subject of the check or that individual's 94 representative.

95 Sec.

The board of nursing shall not refuse to 96 issue a license under section 4723.09 of the Revised Code or a 97 certificate under section 4723.26, 4723.651, 4723.75, 4723.85, 98 or 4723.89 of the Revised Code because of a conviction of, plea 99 of guilty to, a judicial finding of guilt of, a judicial finding 100 of guilt resulting from a plea of no contest to, or a judicial 101 finding of eligibility for a pretrial diversion or similar 102 program or for intervention in lieu of a conviction for a 103criminal H.offense unless the refusal is in accordance with section 9.79 of the Revised Code.

H.

440 Page136th 5G.A. As Passed by the House criminal offense unless the refusal is in accordance with 104 section 9.79 of the Revised Code.

105 Sec.

(A) The board of nursing, by a vote of a 106 quorum, may impose one or more of the following sanctions if it 107 finds that a person committed fraud in passing an examination 108 required to obtain a nursing license or dialysis technician 109 certificate issued by the board or to have committed fraud, 110 misrepresentation, or deception in applying for or securing any 111 a nursing license or dialysis technician certificate issued by 112 the board:

deny, revoke, suspend, or place restrictions on any 113 nursing license or dialysis technician certificate issued by the 114 board;

reprimand or otherwise discipline a holder of a nursing 115 license or dialysis technician certificate;

or impose a fine of 116 not more than five hundred dollars per violation.

117 (B) Except as provided in section 4723.092 of the Revised 118 Code, the board of nursing, by a vote of a quorum, may impose 119 one or more of the following sanctions:

deny, revoke, suspend, 120 or place restrictions on any nursing license or dialysis 121 technician certificate issued by the board;

reprimand or 122 otherwise discipline a holder of a nursing license or dialysis 123 technician certificate;

or impose a fine of not more than five 124 hundred dollars per violation.

The sanctions may be imposed for 125 any of the following:

126 (1) Denial, revocation, suspension, or restriction of 127 authority to engage in a licensed profession or practice a 128 health care occupation, including nursing or practice as a 129 dialysis technician, for any reason other than a failure to 130 renew, in Ohio or another state or jurisdiction;

131 (2) Engaging in the practice of nursing or engaging in 132 practice as a dialysis technician, having failed to renew a 133nursing H.license or dialysis technician certificate issued under this chapter, or while a nursing license or dialysis technician certificate is under suspension;

(3) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, a misdemeanor committed in the course of practice;

(4) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude;

(5) Selling, giving away, or administering drugs or therapeutic devices for other than legal and legitimate therapeutic purposes;

or conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law;

(6) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, an act in another jurisdiction that would constitute a felony or a crime of moral turpitude in Ohio;

(7) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt H.

440 Page136th 6G.A. As Passed by the House nursing license or dialysis technician certificate issued under 134 this chapter, or while a nursing license or dialysis technician 135 certificate is under suspension;

136 (3) Conviction of, a plea of guilty to, a judicial finding 137 of guilt of, a judicial finding of guilt resulting from a plea 138 of no contest to, or a judicial finding of eligibility for a 139 pretrial diversion or similar program or for intervention in 140 lieu of conviction for, aan misdemeanoract committed in the course of 141practice practice;in another jurisdiction that would constitute a misdemeanor in Ohio;

142(8) (4)Self-administering Convictionor of,otherwise ataking pleainto ofthe guiltybody to,any adangerous judicialdrug, findingas 143defined ofin guiltsection of,4729.01 a judicial finding of guiltthe resultingRevised fromCode, ain pleaany 144way ofthat nois contestnot to,in oraccordance with a judiciallegal, findingvalid ofprescription eligibilityissued for athat 145individual, pretrial diversion or similarself-administering program or forotherwise interventiontaking ininto 146the lieubody of conviction for, any felonydrug orthat ofis anya crimeschedule involvingI 147controlled grosssubstance; immorality or moral turpitude;

148(9) (5)Habitual Selling,or givingexcessive away,use orof administeringcontrolled drugssubstances, orother 149habit-forming therapeuticdrugs, devicesor foralcohol or other thanchemical legalsubstances andto legitimatean 150extent therapeuticthat purposes;impairs the individual's ability to provide safe nursing care or safe dialysis care;

or(10) convictionImpairment of, a plea of guiltythe to,ability ato 151practice judicialaccording findingto ofacceptable guiltand of,prevailing astandards judicial finding of guiltsafe 152nursing resultingcare from a plea of no contest to, or asafe judicialdialysis findingcare because of 153the eligibilityuse for a pretrial diversion or similar program or for 154 intervention in lieu of convictiondrugs, for,alcohol, violating any municipal, 155 state, county, or federalother drugchemical law;substances;

156(11) (6)Impairment Conviction of, a plea of guiltythe to,ability ato judicialpractice findingaccording 157to ofacceptable guiltand of,prevailing astandards judicial finding of guiltsafe resultingnursing fromcare a plea 158 of no contest to, or asafe judicialdialysis findingcare ofbecause eligibility for a 159 pretrial diversion or similar program or for intervention in 160 lieu of conviction for, an act in another jurisdiction that 161 would constitute a felonyphysical or amental crimedisability; of moral turpitude in Ohio;

162(12) H.Assaulting or causing harm to a patient or depriving a patient of the means to summon assistance;

(13) Misappropriation or attempted misappropriation of money or anything of value in the course of practice;

(14) Adjudication by a probate court of being mentally ill or mentally incompetent.

The board may reinstate the person's nursing license or dialysis technician certificate upon adjudication by a probate court of the person's restoration to competency or upon submission to the board of other proof of competency.

(15) The suspension or termination of employment by the United States department of defense or department of veterans affairs for any act that violates or would violate this chapter;

(16) Violation of this chapter or any rules adopted under it;

(17) Violation of any restrictions placed by the board on a nursing license or dialysis technician certificate;

(18) Failure to use universal and standard precautions established by rules adopted under section 4723.07 of the Revised Code;

(19) Failure to practice in accordance with acceptable and prevailing standards of safe nursing care or safe dialysis care;

(20) In the case of a registered nurse, engaging in activities that exceed the practice of nursing as a registered nurse;

(21) In the case of a licensed practical nurse, engaging in activities that exceed the practice of nursing as a licensed practical nurse;

(22) In the case of a dialysis technician, engaging in activities that exceed those permitted under section 4723.72 of the Revised Code;

H.

440 Page136th 7G.A. As Passed by the House (7) Conviction of, a plea of guilty to, a judicial finding 163 of guilt of, a judicial finding of guilt resulting from a plea 164 of no contest to, or a judicial finding of eligibility for a 165 pretrial diversion or similar program or for intervention in 166 lieu of conviction for, an act in the course of practice in 167 another jurisdiction that would constitute a misdemeanor in 168 Ohio;

169(23) (8)Aiding Self-administeringand orabetting otherwisea takingperson into the body 170 any dangerous drug, as defined in section 4729.01 of the Revised 171 Code, in any way that isperson's notpractice inof accordancenursing withwithout a legal,license valid 172 prescription issued for that individual, or self-administeringpractice 173as ora otherwisedialysis takingtechnician intowithout the body any drug that is a schedulecertificate Iissued 174under controlledthis substance;chapter;

175(24) (9)In Habitualthe orcase excessive use of controlledan substances,advanced 176practice otherregistered habit-formingnurse, drugs,except oras alcoholprovided orin otherdivision chemical(M) 177of substancesthis tosection, aneither extentof that impairs the individual'sfollowing: ability to 178 provide safe nursing care or safe dialysis care;

179(a) (10)Waiving Impairmentthe payment of theall abilityor toany practicepart accordingof toa 180deductible acceptableor andcopayment prevailingthat standardsa ofpatient, safepursuant nursingto a health insurance or health care policy, contract, or safeplan 181that dialysiscovers caresuch becausenursing ofservices, would otherwise be required to pay if the usewaiver ofis drugs,used alcohol,as an enticement to a patient or othergroup 182of chemicalpatients substances;to receive health care services from that provider;

183(b) (11)Advertising Impairmentthat of the abilitynurse towill practicewaive accordingthe topayment 184of acceptableall andor prevailingany standardspart of safea nursingdeductible care or safecopayment 185that dialysisa carepatient, becausepursuant ofto a physicalhealth insurance or mentalhealth disability;care policy, contract, or plan that covers such nursing services, would otherwise be required to pay.

186(25) (12)Failure Assaultingto orcomply causingwith harmthe toterms aand patientconditions orof deprivingparticipation 187in athe patientsafe ofhaven theprogram meansconducted tounder summonsections assistance;4723.35 and 4723.351 of the Revised Code;

188(26) (13)Failure Misappropriationto orcomply attemptedwith misappropriationthe ofterms 189and moneyconditions orrequired anythingunder ofthe valuepractice inintervention theand courseimprovement program established under section 4723.282 of practice;the Revised Code;

190(27) (14)In Adjudicationthe bycase a probate court of beingan mentallyadvanced illpractice 191registered H.nurse:

(a) Engaging in activities that exceed those permitted for the nurse's nursing specialty under section 4723.43 of the Revised Code;

(b) Failure to meet the quality assurance standards established under section 4723.07 of the Revised Code.

(28) In the case of an advanced practice registered nurse other than a certified registered nurse anesthetist, failure to maintain a standard care arrangement in accordance with section 4723.431 of the Revised Code or to practice in accordance with the standard care arrangement;

(29) In the case of an advanced practice registered nurse who is designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, failure to prescribe drugs and therapeutic devices in accordance with section 4723.481 of the Revised Code;

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

(31) Failure to establish and maintain professional boundaries with a patient, as specified in rules adopted under section 4723.07 of the Revised Code;

(32) Regardless of whether the contact or verbal behavior is consensual, engaging with a patient other than the spouse of the registered nurse, licensed practical nurse, or dialysis technician in any of the following:

(a) Sexual contact, as defined in section 2907.01 of the Revised Code;

(b) Verbal behavior that is sexually demeaning to the patient or may be reasonably interpreted by the patient as sexually demeaning.

(33) Assisting suicide, as defined in section 3795.01 of the Revised Code;

(34) Failure to comply with the requirements in section 3719.061 of the Revised Code before H.

440 Page136th 8G.A. As Passed by the House or mentally incompetent.

Theissuing boardfor maya reinstateminor thea person'sprescription 192for nursingan licenseopioid oranalgesic, dialysisas techniciandefined certificatein uponsection 1933719.01 adjudication by a probate court of the person'sRevised restorationCode; to 194 competency or upon submission to the board of other proof of 195 competency.

196(35) (15)Failure Theto suspensioncomply orwith terminationsection 4723.487 of employmentthe byRevised theCode, 197unless Unitedthe Statesstate departmentboard of defensepharmacy orno departmentlonger ofmaintains veteransa 198drug affairsdatabase forpursuant anyto actsection that4729.75 violatesof orthe wouldRevised violateCode; this chapter;

199(36) (16)The Violationrevocation, suspension, restriction, reduction, or termination of thisclinical chapterprivileges by the United States department of defense or anydepartment rulesof adoptedveterans underaffairs 200or it;the termination or suspension of a certificate of registration to prescribe drugs by the drug enforcement administration of the United States department of justice;

201(37) (17)In Violationthe case of anyan restrictionsadvanced placedpractice byregistered thenurse boardwho onis 202designated as a nursingclinical licensenurse specialist, certified nurse-midwife, or dialysiscertified techniciannurse certificate;practitioner, failure to comply with the terms of a consult agreement entered into with a pharmacist pursuant to section 4729.39 of the Revised Code;

203(38) (18)Violation Failureof to use universal and standard precautions 204 established by rules adopted under section 4723.074723.93 of the 205 Revised Code;

206(39) (19) Failure to practicecooperate with an investigation conducted by the board under this chapter, including failure to comply with a subpoena or order issued by the board or failure to answer truthfully a question presented by the board in accordancean investigative interview, in an investigative office conference, at a deposition, or in written interrogatories, except that failure to cooperate with acceptablean andinvestigation 207does prevailingnot standardsconstitute grounds for discipline if a court of safecompetent nursingjurisdiction carehas issued an order that either quashes a subpoena or safepermits dialysisthe care;individual to withhold testimony or evidence at issue.

208(C) (20)Disciplinary Inactions taken by the caseboard ofunder adivisions registered(A) nurse,and engaging(B) inof 209this activitiessection thatshall exceedbe thetaken practicepursuant ofto nursingan asadjudication aconducted registeredunder 210Chapter nurse;119.

211of (21)the InRevised theCode, caseexcept that in lieu of a licensedhearing, practicalthe nurse,board engagingmay 212enter ininto activitiesa thatconsent exceedagreement thewith practicean ofindividual nursingto asresolve an allegation of a licensedviolation 213of practicalthis nurse;chapter or any rule adopted under it.

214A (22)consent Inagreement, thewhen caseratified ofby a dialysisvote technician,of engaginga inquorum, 215shall activitiesconstitute thatthe exceedfindings thoseand permittedorder underof sectionthe 4723.72board ofwith 216respect to the Revisedmatter Code;addressed in the agreement.

217If (23)the Aidingboard andrefuses abettingto ratify a personconsent inagreement, thatthe person'sadmissions 218and practicefindings ofcontained nursingin withoutthe aagreement licenseshall orbe practiceof asno aeffect. dialysis 219 H.

B.(D) The hearings of the board shall be conducted in accordance with Chapter 119.

No.of the Revised Code, the board may appoint a hearing examiner, as provided in section 119.09 of the Revised Code, to conduct any hearing the board is authorized to hold under Chapter 119.

440 Page 9 As Passed by the House technician without a certificate issued under this chapter;

220 (24) In the case of an advanced practice registered nurse, 221 except as provided in division (M) of this section, either of 222 the following:

223 (a) Waiving the payment of all or any part of a deductible 224 or copayment that a patient, pursuant to a health insurance or 225 health care policy, contract, or plan that covers such nursing 226 services, would otherwise be required to pay if the waiver is 227 used as an enticement to a patient or group of patients to 228 receive health care services from that provider;

229 (b) Advertising that the nurse will waive the payment of 230 all or any part of a deductible or copayment that a patient, 231 pursuant to a health insurance or health care policy, contract, 232 or plan that covers such nursing services, would otherwise be 233 required to pay.

234 (25) Failure to comply with the terms and conditions of 235 participation in the safe haven program conducted under sections 236 4723.35 and 4723.351 of the Revised Code;

237 (26) Failure to comply with the terms and conditions 238 required under the practice intervention and improvement program 239 established under section 4723.282 of the Revised Code;

240 (27) In the case of an advanced practice registered nurse:

241 (a) Engaging in activities that exceed those permitted for 242 the nurse's nursing specialty under section 4723.43 of the 243 Revised Code;

244 (b) Failure to meet the quality assurance standards 245 established under section 4723.07 of the Revised Code.

246 (28) In the case of an advanced practice registered nurse 247 H.

B.

No.

440 Page 10 As Passed by the House other than a certified registered nurse anesthetist, failure to 248 maintain a standard care arrangement in accordance with section 249 4723.431 of the Revised Code or to practice in accordance with 250 the standard care arrangement;

251 (29) In the case of an advanced practice registered nurse 252 who is designated as a clinical nurse specialist, certified 253 nurse-midwife, or certified nurse practitioner, failure to 254 prescribe drugs and therapeutic devices in accordance with 255 section 4723.481 of the Revised Code;

256 (30) Prescribing any drug or device to perform or induce 257 an abortion, or otherwise performing or inducing an abortion;

258 (31) Failure to establish and maintain professional 259 boundaries with a patient, as specified in rules adopted under 260 section 4723.07 of the Revised Code;

261 (32) Regardless of whether the contact or verbal behavior 262 is consensual, engaging with a patient other than the spouse of 263 the registered nurse, licensed practical nurse, or dialysis 264 technician in any of the following:

265 (a) Sexual contact, as defined in section 2907.01 of the 266 Revised Code;

267 (b) Verbal behavior that is sexually demeaning to the 268 patient or may be reasonably interpreted by the patient as 269 sexually demeaning.

270 (33) Assisting suicide, as defined in section 3795.01 of 271 the Revised Code;

272 (34) Failure to comply with the requirements in section 273 3719.061 of the Revised Code before issuing for a minor a 274 prescription for an opioid analgesic, as defined in section 275 H.

B.

No.

440 Page 11 As Passed by the House 3719.01 of the Revised Code;

276 (35) Failure to comply with section 4723.487 of the 277 Revised Code, unless the state board of pharmacy no longer 278 maintains a drug database pursuant to section 4729.75 of the 279 Revised Code;

280 (36) The revocation, suspension, restriction, reduction, 281 or termination of clinical privileges by the United States 282 department of defense or department of veterans affairs or the 283 termination or suspension of a certificate of registration to 284 prescribe drugs by the drug enforcement administration of the 285 United States department of justice;

286 (37) In the case of an advanced practice registered nurse 287 who is designated as a clinical nurse specialist, certified 288 nurse-midwife, or certified nurse practitioner, failure to 289 comply with the terms of a consult agreement entered into with a 290 pharmacist pursuant to section 4729.39 of the Revised Code;

291 (38) Violation of section 4723.93 of the Revised Code;

292 (39) Failure to cooperate with an investigation conducted 293 by the board under this chapter, including failure to comply 294 with a subpoena or order issued by the board or failure to 295 answer truthfully a question presented by the board in an 296 investigative interview, in an investigative office conference, 297 at a deposition, or in written interrogatories, except that 298 failure to cooperate with an investigation does not constitute 299 grounds for discipline if a court of competent jurisdiction has 300 issued an order that either quashes a subpoena or permits the 301 individual to withhold testimony or evidence at issue.

302 (C) Disciplinary actions taken by the board under 303 divisions (A) and (B) of this section shall be taken pursuant to 304 H.

B.

No.

440 Page 12 As Passed by the House an adjudication conducted under Chapter 119.

of the Revised 305 Code, except that in lieu of a hearing, the board may enter into 306 a consent agreement with an individual to resolve an allegation 307 of a violation of this chapter or any rule adopted under it.

A 308 consent agreement, when ratified by a vote of a quorum, shall 309 constitute the findings and order of the board with respect to 310 the matter addressed in the agreement.

If the board refuses to 311 ratify a consent agreement, the admissions and findings 312 contained in the agreement shall be of no effect.

313 (D) The hearings of the board shall be conducted in 314 accordance with Chapter 119.

of the Revised Code, the board may 315 appoint a hearing examiner, as provided in section 119.09 of the 316 Revised Code, to conduct any hearing the board is authorized to 317 hold under Chapter 119.

318 In any instance in which the board is required under 319 Chapter 119.

of the Revised Code to give notice of an 320 opportunity for a hearing and the applicant, licensee, or 321 certificate holder does not make a timely request for a hearing 322 in accordance with section 119.07 of the Revised Code, the board 323 is not required to hold a hearing, but may adopt, by a vote of a 324 quorum, a final order that contains the board's findings.

In the 325 final order, the board may order any of the sanctions listed in 326 division (A) or (B) of this section.

327 (E) If a criminal action is brought against a registered 328 nurse, licensed practical nurse, or dialysis technician for an 329 act or crime described in divisions (B)(3) to (7) of this 330 section and the action is dismissed by the trial court other 331 than on the merits, the board shall conduct an adjudication to 332 determine whether the registered nurse, licensed practical 333 nurse, or dialysis technician committed the act on which the 334 H.

440 Page136th 13G.A. As Passed by the House action was based.

Ifdialysis thetechnician boardfor determinesan onact theor basiscrime ofdescribed thein 335divisions adjudication(B)(3) thatto the(7) registeredof nurse,this licensedsection practicaland 336the nurse,action oris dialysisdismissed technicianby committed the act,trial orcourt ifother thethan 337on registered nurse, licensed practical nurse, or dialysis 338 technician fails to participate in the adjudication,merits, the board 339shall mayconduct takean actionadjudication asto thoughdetermine whether the registered nurse, licensed 340 practical nurse, or dialysis technician hadcommitted beenthe convictedact ofon 341which the act.action was based.

342 If the board takesdetermines action on the basis of athe conviction,adjudication 343that plea,the orregistered anurse, judiciallicensed findingpractical asnurse, describedor indialysis divisionstechnician (B)(3)committed tothe 344act, (7)or ofif this section that is overturned on appeal, the registered 345 nurse, licensed practical nurse, or dialysis technician may,fails onto 346participate exhaustionin ofthe adjudication, the appealboard process,may petitiontake action as though the boardregistered fornurse, 347licensed reconsiderationpractical nurse, or dialysis technician had been convicted of itsthe action.act.

OnIf receiptthe board takes action on the basis of a conviction, plea, or a judicial finding as described in divisions (B)(3) to (7) of this section that is overturned on appeal, the petitionregistered andnurse, 348licensed supportingpractical courtnurse, documents,or dialysis technician may, on exhaustion of the boardappeal shallprocess, temporarilypetition rescindthe 349board for reconsideration of its action.

IfOn thereceipt boardof determines that the decisionpetition onand appealsupporting 350court wasdocuments, a decision on the merits,board it shall permanentlytemporarily rescind its 351 action.

If the board determines that the decision on appeal was 352 not a decision on the merits, it shall conductpermanently anrescind adjudicationits 353action. to determine whether the registered nurse, licensed practical 354 nurse, or dialysis technician committed the act on which the 355 original conviction, plea, or judicial finding was based.

If the 356 board determines onthat the basisdecision ofon theappeal adjudicationwas thatnot thea 357decision registeredon nurse,the licensedmerits, practicalit nurse,shall orconduct dialysisan 358adjudication technicianto committeddetermine suchwhether act, or if the registered nurse, 359 licensed practical nurse, or dialysis technician doescommitted notthe 360act requeston anwhich adjudication, the boardoriginal shallconviction, reinstateplea, itsor action;judicial finding was based.

361If otherwise,the board determines on the basis of the adjudication that the registered nurse, licensed practical nurse, or dialysis technician committed such act, or if the registered nurse, licensed practical nurse, or dialysis technician does not request an adjudication, the board shall permanentlyreinstate rescind its action.action;

362otherwise, Notwithstanding the provisionboard ofshall divisionpermanently (D)(2)rescind ofits 363action. section 2953.32 or division (F)(1) of section 2953.39 of the 364 Revised Code specifying that if records pertaining to a criminal 365 H.

Notwithstanding the provision of division (D)(2) of section 2953.32 or division (F)(1) of section 2953.39 of the Revised Code specifying that if records pertaining to a criminal case are sealed or expunged under that section the proceedings in the case shall be deemed not to have occurred, sealing or expungement of the following records on which the board has based an action under this section shall have no effect on the board's action or any sanction imposed by the board under this section:

records of any conviction, guilty plea, judicial finding of guilt resulting from a plea of no contest, or a judicial finding of eligibility for a pretrial diversion program or intervention in lieu of conviction.

The board shall not be required to seal, destroy, redact, or otherwise modify its records to reflect the court's sealing or expungement of conviction records.

(F) The board may investigate an individual's criminal background in performing its duties under this section.

As part of such investigation, the board may order the individual to submit, at the individual's expense, a request to the bureau of criminal identification and investigation for a criminal records check and check of federal bureau of investigation records in accordance with the procedure described in pursuant to section 4723.091 of the Revised Code.

(G) During the course of an investigation conducted under this section, the board may compel any registered nurse, licensed practical nurse, or dialysis technician or applicant under this H.

440 Page136th 14G.A. As Passed by the House case are sealed or expunged under that section the proceedings 366 in the case shall be deemed not to have occurred, sealing or 367 expungement of the following records on which the board has 368 based an action under this section shall have no effect on the 369 board's action or any sanction imposed by the board under this 370 section:

recordschapter ofto anysubmit conviction,to guiltya plea,mental judicialor 371physical findingexamination, ofor guiltboth, resultingas fromrequired aby pleathe board and at the expense of nothe contest,individual, orif athe 372board judicialfinds findingreason ofto eligibilitybelieve forthat athe pretrialindividual diversionunder programinvestigation 373may have a physical or interventionmental inimpairment lieuthat ofmay conviction.affect the individual's ability to provide safe nursing or dialysis care.

374 The board shall not becompel requiredan individual who has been referred to seal,the destroy,safe redact,haven 375program oras otherwisedescribed modifyin itssections records4723.35 toand reflect4723.351 of the court'sRevised sealingCode 376to orsubmit expungementto ofa convictionmental records.or physical examination.

377Failure (F)of Theany boardindividual mayto investigatesubmit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individual's criminalcontrol, 378and backgrounda indefault performingand itsfinal dutiesorder undermay thisbe section.entered without the taking of testimony or presentation of evidence.

AsIf part 379 of such investigation, the board mayfinds orderthat thean individual tois 380impaired, submit, at the individual'sboard expense,shall arequire request to the bureauindividual ofto 381submit criminalto identificationcare, andcounseling, investigationor fortreatment aapproved criminalor recordsdesignated 382by checkthe andboard, checkas ofa federalcondition bureaufor ofinitial, investigationcontinued, recordsreinstated, inor 383renewed accordanceauthority with the procedure described in pursuant to sectionpractice. 384 4723.091 of the Revised Code.

385The (G)individual Duringshall thebe courseafforded of an investigationopportunity conductedto underdemonstrate 386to this section, the board maythat compelthe anyindividual registeredcan nurse,begin 387 licensed practical nurse, or dialysisresume technicianthe orindividual's applicantoccupation 388in undercompliance thiswith chapteracceptable to submit to a mental or physical 389 examination, or both, as required by the board and atprevailing thestandards 390 expense of thecare individual,under if the boardprovisions findsof reason to believe 391 that the individual under investigation may have a physical or 392 mental impairment that may affect the individual's abilityauthority to 393practice. provide safe nursing or dialysis care.

394For Thepurposes boardof this division, any registered nurse, licensed practical nurse, or dialysis technician or applicant under this chapter shall notbe compeldeemed anto individualhave whogiven hasconsent beento 395submit H.to a mental or physical examination when directed to do so in writing by the board, and to have waived all objections to the admissibility of testimony or examination reports that constitute a privileged communication.

(H) The board shall investigate evidence that appears to show that any person has violated any provision of this chapter or any rule of the board.

Any person may report to the board any information the person may have that appears to show a violation of any provision of this chapter or rule of the board.

In the absence of bad faith, any person who reports such information or who testifies before the board in any adjudication conducted under Chapter 119.

of the Revised Code shall not be liable for civil damages as a result of the report or testimony.

(I) All of the following apply under this chapter with respect to the confidentiality of information:

(1) Information received by the board pursuant to a complaint or an investigation is confidential and not subject to discovery in any civil action, except that the board may disclose information to law enforcement officers and government entities for purposes of an investigation of either a licensed health care professional, including a registered nurse, licensed practical nurse, or dialysis technician, or a person who may have engaged in the unauthorized practice of nursing or dialysis care.

No law enforcement officer or government entity with knowledge of any information disclosed by the board pursuant to this division shall divulge the information to any other person or government entity except for the purpose of a government investigation, a prosecution, or an H.

440 Page136th 15G.A. As Passed by the House referred to the safe haven program as described in sections 396 4723.35 and 4723.351 of the Revised Code to submit to a mental 397 or physical examination.

398adjudication Failureby of any individual to submit to a mentalcourt or 399government physicalentity. examination when directed constitutes an admission of 400 the allegations, unless the failure is due to circumstances 401 beyond the individual's control, and a default and final order 402 may be entered without the taking of testimony or presentation 403 of evidence.

404(2) If the board finds that an individualinvestigation isrequires impaired,a thereview 405of boardpatient shallrecords, require the individualinvestigation toand submitproceeding toshall care,be 406conducted counseling,in orsuch treatmenta approvedmanner or designated by the board, as 407to aprotect conditionpatient forconfidentiality. initial, continued, reinstated, or renewed 408 authority to practice.

The(3) individualAll shalladjudications beand affordedinvestigations anof 409 opportunity to demonstrate to the board thatshall thebe individualconsidered cancivil 410actions beginfor or resume the individual'spurposes occupation in compliance with 411 acceptable and prevailing standards of caresection under2305.252 the provisions 412 of the individual'sRevised authorityCode. to practice.

413(4) ForAny purposesboard ofactivity thisthat division,involves anycontinued registeredmonitoring nurse,of 414an licensedindividual practicalas nurse,part of or dialysisfollowing technicianany ordisciplinary applicantaction 415taken under this chaptersection shall be deemedconducted toin have given consent to 416 submit to a mentalmanner orthat physicalmaintains examination when directed to do 417 so in writing by the board,individual's andconfidentiality. to have waived all objections to 418 the admissibility of testimony or examination reports that 419 constitute a privileged communication.

420Information (H)received Theor maintained by the board shallwith investigaterespect evidenceto thatthe appearsboard's monitoring activities is not subject to 421discovery showin any civil action and is confidential, except that anythe personboard hasmay violateddisclose anyinformation provisionto oflaw thisenforcement chapterofficers 422and orgovernment anyentities rulefor purposes of thean board.investigation of a licensee or certificate holder.

(J) Any personaction maytaken reportby to the board anyunder 423this informationsection theresulting personin maya havesuspension thatfrom appearspractice toshall showbe accompanied by a violationwritten 424statement of anythe provisionconditions ofunder thiswhich chapterthe orperson rulemay ofbe thereinstated board.to practice.

In(K) When the 425board H.refuses to grant a license or certificate to an applicant, revokes a license or certificate, or refuses to reinstate a license or certificate, the board may specify that its action is permanent.

An individual subject to permanent action taken by the board is forever ineligible to hold a license or certificate of the type that was refused or revoked and the board shall not accept from the individual an application for reinstatement of the license or certificate or for a new license or certificate.

(L) No unilateral surrender of a nursing license or dialysis technician certificate issued under this chapter shall be effective unless accepted by majority vote of the board.

No application for a nursing license or dialysis technician certificate issued under this chapter may be withdrawn without a majority vote of the board.

The board's jurisdiction to take disciplinary action under this section is not removed or limited when an individual has a license or certificate classified as inactive or fails to renew a license or certificate.

(M) Sanctions shall not be imposed under division (B)(24) of this section against any licensee who waives deductibles and copayments as follows:

(1) In compliance with the health benefit plan that expressly allows such a practice.

Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator.

Documentation of the consent shall be made available to the board upon request.

(2) For professional services rendered to any other person licensed pursuant to this chapter to the extent allowed by this chapter and the rules of the board.

SECTION 2.

That existing sections 4723.091, 4723.092, and 4723.28 of the Revised Code are hereby repealed.

H.

440 Page136th 16G.A. As Passed by the House absence of bad faith, any person who reports such information or 426 who testifies before the board in any adjudication conducted 427 under Chapter 119.

ofS theECTION Revised3. Code shall not be liable for 428 civil damages as a result of the report or testimony.

429This (I)act Allis ofhereby thedeclared followingto applybe underan thisemergency chaptermeasure withnecessary 430for respectthe toimmediate preservation of the confidentialitypublic ofpeace, information:health, and safety.

431The (1)reason Informationfor receivedsuch bynecessity the board pursuant to a 432 complaint or an investigation is confidential and not subject to 433 discovery in any civil action, except that theenactment boardinto may 434 disclose information to law enforcementat officersthe andearliest governmentpossible 435time entitieswill forpreserve purposesthe confidentiality of anBoard investigation of eitherNursing- arelated licensedcriminal 436records healthcheck careinformation professional,and includingwill arestrict registeredaccess nurse,to licensedsuch 437information practicalonly nurse,to orindividuals dialysissubject technician,to orsuch achecks personand whoto maythe 438Board havefor engaged in the unauthorizedpurpose practice of nursingfulfilling orspecific dialysisstatutory 439duties. care.

NoTherefore, law enforcement officer or government entity with 440 knowledge of any information disclosed by the board pursuant to 441 this divisionact shall divulgego theinto informationimmediate toeffect. any other person 442 or government entity except for the purpose of a government 443 investigation, a prosecution, or an adjudication by a court or 444 government entity.

445H. (2) If an investigation requires a review of patient 446 records, the investigation and proceeding shall be conducted in 447 such a manner as to protect patient confidentiality.

448 (3) All adjudications and investigations of the board 449 shall be considered civil actions for the purposes of section 450 2305.252 of the Revised Code.

451 (4) Any board activity that involves continued monitoring 452 of an individual as part of or following any disciplinary action 453 taken under this section shall be conducted in a manner that 454 H.

440 Page136th 17G.A. As Passed by the House maintains the individual's confidentiality.

InformationSpeaker received___________________ 455of or maintained by the boardHouse with respect to the board's 456 monitoring activities is not subject to discovery in any civil 457 action and is confidential, except that the board may disclose 458 information to law enforcement officers and government entities 459 for purposes of anRepresentatives. investigation of a licensee or certificate 460 holder.

461President (J)___________________ Any action taken by the board under this section 462 resulting in a suspension from practice shall be accompanied by 463 a written statement of the conditionsSenate. under which the person may 464 be reinstated to practice.

465Passed (K)________________________, When20____ theApproved board________________________, refuses20____ toGovernor. grant a license or 466 certificate to an applicant, revokes a license or certificate, 467 or refuses to reinstate a license or certificate, the board may 468 specify that its action is permanent.

AnH. individual subject to 469 permanent action taken by the board is forever ineligible to 470 hold a license or certificate of the type that was refused or 471 revoked and the board shall not accept from the individual an 472 application for reinstatement of the license or certificate or 473 for a new license or certificate.

474 (L) No unilateral surrender of a nursing license or 475 dialysis technician certificate issued under this chapter shall 476 be effective unless accepted by majority vote of the board.

No 477 application for a nursing license or dialysis technician 478 certificate issued under this chapter may be withdrawn without a 479 majority vote of the board.

The board's jurisdiction to take 480 disciplinary action under this section is not removed or limited 481 when an individual has a license or certificate classified as 482 inactive or fails to renew a license or certificate.

483 (M) Sanctions shall not be imposed under division (B)(24) 484 H.

440 Page136th 18G.A. As Passed by the House of this section against any licensee who waives deductibles and 485 copayments as follows:

486The (1)section Innumbering complianceof withlaw theof healtha benefitgeneral planand thatpermanent 487nature expresslyis allowscomplete suchand ain practice.conformity with the Revised Code.

WaiverDirector, ofLegislative theService deductiblesCommission. or 488 copayments shall be made only with the full knowledge and 489 consent of the plan purchaser, payer, and third-party 490 administrator.

DocumentationFiled in the office of the consentSecretary shallof beState madeat 491Columbus, availableOhio, toon the board____ uponday request.of ___________,A.

492D. (2) For professional services rendered to any other person 493 licensed pursuant to this chapter to the extent allowed by this 494 chapter and the rules of the board.

49520____. Section 2.

ThatSecretary existing sections 4723.091, 4723.092, and 496 4723.28 of theState. Revised Code are hereby repealed.

497File SectionNo. 3.

This_________ actEffective isDate hereby___________________ declared to be an emergency 498 measure necessary for the immediate preservation of the public 499 peace, health, and safety.

The reason for such necessity is that 500 enactment into law at the earliest possible time will preserve 501 the confidentiality of Board of Nursing-related criminal records 502 check information and will restrict access to such information 503 only to individuals subject to such checks and to the Board for 504 the purpose of fulfilling specific statutory duties.

Therefore, 505 this act shall go into immediate effect.

506