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Ohio Laws and Rules
(A) The board shall elect a president and vice-president from among the nurse members of the board for one-year terms during the last regularly scheduled board meeting of the calendar year. The new officers shall assume their duties on the first day following the board meeting at which they were elected.
(B) The president shall preside at all meetings of the board. In the absence of the president the vice-president shall preside.
(C) The board shall elect a supervising member for disciplinary matters from among the registered nurse members of the board for a one-year term during the last regularly scheduled board meeting of the calendar year. The new supervising member shall assume his or her duties on the first day following the board meeting at which he or she was elected.
(1) A former supervising board member who remains a member of the board may continue to serve in the supervising member capacity regarding cases initiated under his or her supervision that remain under review at the expiration of his or her one-year term as supervising member.
(2) In the event the supervising member has a conflict of interest in a particular case, the board president shall serve as the supervising member for purposes of reviewing that case.
(D) The board shall hold regular meetings as often as necessary to carry out its duties. Meetings shall be held in locations determined by the board. The board shall provide public notice of meetings in accordance with rule 4723-1-06 of the Administrative Code.
(E) In the event of a vacancy in the elected offices, the board shall fill the vacancy at a regular or special meeting of the board.
(F) Except as otherwise provided in paragraph (G) of this rule, all meetings of the board shall be conducted in accordance with the tenth edition (2000) of “Robert’s Rules of Order, newly revised.”
(G) The board may develop and approve written guidelines or policies relating to board governance matters. To the extent that such guidelines or policies conflict with provisions of the tenth edition (2000) of “Robert’s Rules of Order, newly revised,” the board-approved guidelines or policies shall control.
Effective: 02/01/2008
R.C. 119.032 review dates: 10/15/2007 and 10/01/2012
Promulgated Under: 119.03
Statutory Authority: RC 4723.07
Rule Amplifies: RC 4723.02, 4723.05
Prior Effective Dates: 1/1/67, 4/1/91, 2/1/03
At the last regularly scheduled board meeting of the calendar year, the board shall appoint an executive director who meets the qualifications set forth in section 4723.05 of the Revised Code. The executive director shall serve as the chief administrative officer of the board and be responsible for all administrative functions of the board and board staff. The executive director shall ensure implementation of the provisions of Chapter 119. of the Revised Code as they relate to operations of the board.
Effective: 02/01/2008
R.C. 119.032 review dates: 10/15/2007 and 10/01/2012
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.05
Prior Effective Dates: 1/1/67, 4/1/91
(A) The board shall maintain a record of all applicants for, and holders of, licenses and certificates issued by the board under Chapter 4723. of the Revised Code and any rules adopted under that chapter. The record shall be maintained in such format as determined by the board.
(B) A change in name shall be submitted to the board in writing within thirty days of the change and shall be accompanied by a certified copy of one of the following documents:
(1) A marriage certificate or abstract;
(2) A dissolution or divorce decree;
(3) A court record indicating a change of name; or
(4) Documentation of a change in name consistent with the laws of the jurisdiction or foreign country where the name change occurred.
(C) The board shall issue a notification to the licensee or certificate holder that the requested change in name has been made to the board records. The licensee or certificate holder shall attach the notification to the current license or certificate.
(D) A notification of a change in address shall be submitted in writing by the licensee or certificate holder to the board within thirty days of the change.
(E) Documents submitted to the board may be returned at the discretion of the board.
(F) Documents issued by the board as evidence of licensure, certification, or other authorization to practice shall not be reproduced, duplicated, or imaged onto paper or any electronic media. The only exception to this prohibition is that such documents may be photocopied by the individual to whom the document was issued. Immediately after photocopying the document, the individual to whom the document was issued shall write the word “copy” boldly across the front side of the photocopied version of the document with a black permanent ink marker and place the individual’s initials after the word “copy.”
Replaces: 4723-1-03
Effective: 02/01/2008
R.C. 119.032 review dates: 10/01/2012
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 1/1/67, 1/1/71, 8/1/83, 4/1/91, 4/1/93, 12/1/93, 4/1/94, 6/1/95, 4/1/97, 4/1/98, 10/1/00, 2/1/03, 2/1/04
(A) All fee payments shall be made in the form specified by the board.
(B) Fees are not refundable once deposited except that payments in excess of the amounts required by Chapter 4723. of the Revised Code and rules adopted under that chapter shall be refunded.
(C) The board shall provide written notice to an individual whose check is returned to the board by a financial institution. Return of a check does not waive or extend the date upon which a payment is considered to be late, or a license or certificate lapses.
Replaces: Former 4723-1-04
Effective: 02/01/2008
R.C. 119.032 review dates: 10/01/2012
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.08
Prior Effective Dates: 1/1/71, 7/24/82, 8/1/83, 2/16/90 (Emer.), 5/20/90, 4/1/91, 4/9/91 (Emer.), 4/1/93, 4/1/97, 2/1/03
(A) The board shall give public notice of its intention to adopt, amend, or rescind any rule in accordance with Chapter 119. of the Revised Code at least thirty days prior to the date set for the public hearing on the proposal to adopt, amend, or rescind such rule. The public notice shall be published in the register of Ohio and any other publications required by Chapter 119. of the Revised Code. The public notice shall include the following information:
(1) A statement of the board’s intention to adopt, amend, or rescind the rule;
(2) A synopsis of the proposed rule, amendment, or rule to be rescinded, or a general statement regarding the subject matter of the rule to be adopted, amended, or rescinded;
(3) A statement of the reason or purpose for the adoption, amendment, or rescission of the rule;
(4) The date, time, and place of the public hearing at which the adoption, amendment, or rescission of the rule will be considered.
(B) The proposed rule, amendment, or rescission shall be made available by the board, in accordance with division (B) of section 119.03 of the Revised Code, to those persons affected by the rule, amendment, or rescission for at least thirty days prior to the date of the public hearing at the board offices in printed or other legible form at no charge. The board may also provide the proposed rule, amendment, or rescission:
(1) By postal or electronic mail to those persons included on a mailing list maintained by the board in accordance with paragraph (D) of this rule;
(2) By a link on the board’s web site;
(3) In any other manner the board considers appropriate.
(C) Prior to the effective date of a rule, amendment, or rescission the board, in accordance with division (E) of section 119.03 of the Revised Code, shall make a reasonable effort to inform persons affected by the rule, amendment, or rescission, and to have available for distribution to those requesting it, the full text of the rule as adopted or amended. The board may provide the full text by such means as:
(1) Posting the rule as adopted or amended on the board’s web site or providing a link to the register of Ohio;
(2) Publishing the rules in the board’s quarterly magazine or other board publication;
(3) Sending a notice of the action by postal or electronic mail to those persons included on a mailing list maintained by the board pursuant to paragraph (D) of this rule, or to any person who provided evidence, oral testimony, or a written statement that was made part of the record of the public hearing.
(D) The board may maintain a mailing list of all persons who have made a prior written request to receive a copy of each public notice provided for in paragraph (A) of this rule.
(E) The board may assess a reasonable fee not to exceed the cost of copying and mailing, for notices sent by means other than electronic mail in accordance with the provisions of this rule.
Replaces: 4723-2-01 (portion)
Effective: 02/01/2008
R.C. 119.032 review dates: 10/01/2012
Promulgated Under: 119.03
Statutory Authority: RC 121.22, 4723.07
Rule Amplifies: RC 4723.06, 4723.07
Prior Effective Dates: 3/1/66, 1/1/71, 8/1/83, 11/6/87, 4/1/91, 12/1/93, 8/8/94, 2/1/01, 2/1/02
(A) In accordance with division (F) of section 121.22 of the Revised Code, the board shall ensure that any person can determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by:
(1) Writing the board to request advance notification of all meetings of the board, board committees or advisory groups;
(2) Writing the board to request advance notification of all meetings at which specific public matters designated by those persons are scheduled to be discussed;
(3) Calling the board office during normal business hours; or
(4) Accessing the information on the board’s web site.
(B) Any representative of the news media may obtain notice of all special meetings of the board by requesting in writing that notice be provided and supplying a postal or electronic mail address.
(C) In the event of a special meeting not of an emergency nature, the board shall notify all media representatives who have requested notice of the meeting by doing at least one of the following:
(1) Sending written notice, by postal or electronic mail no later than twenty-four hours prior to the special meeting;
(2) Notifying representatives by telephone no later than twenty-four hours prior to the special meeting. Telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort, the board has been unable to provide telephone notice;
(3) Informing the representative personally no later than twenty-four hours prior to the special meeting.
(D) In the event of a special meeting of an emergency nature requiring immediate official action, the board shall notify all media representatives who have requested notice of such meeting of the time, place, and purpose of the meeting by providing notice as described in paragraph (C)(1), (C)(2) or (C)(3) of this rule, or by notifying the statehouse press room. In such event, the notice need not be given twenty-four hours prior to the meeting, but shall be given immediately upon completion of the meeting agenda.
(E) For use in complying with the notice requirements of this rule, the board may maintain a mailing list of all persons who have made a prior written request to receive notice of regular or special meetings of the board, its committees, and advisory groups.
(F) The board may assess a reasonable fee not to exceed the cost of copying and mailing, for notices sent by means other than electronic mail in accordance with the provisions of this rule.
Replaces: Part of 4723-2-01
Effective: 02/01/2008
R.C. 119.032 review dates: 10/01/2012
Promulgated Under: 119.03
Statutory Authority: RC 4723.07
Rule Amplifies: RC 121.22, 4723.06
Prior Effective Dates: 3/1/66, 1/1/71, 8/1/83, 11/6/87, 4/1/91, 12/1/93, 8/8/94, 2/1/01, 2/1/02
(A) For the purpose of this rule and in accordance with Chapter 1347. of the Revised Code:
(1) “Personal information” means any information that describes anything about a person, or that indicates actions done by or to a person, or that indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by, a name, identifying number, symbol, or other identifier assigned to a person. Personal information shall not include, in accordance with division (A)(1)(e) of section 1347.01 of the Revised Code, personal information systems that are comprised of investigatory material compiled for law enforcement purposes by the board.
(2) “System” means any collection or group of related records that are kept in an organized manner and that are maintained by a state or local agency, and from which personal information is retrieved by the name of the person or by some identifying number, symbol, or other identifier assigned to the person. “System” includes both records that are manually stored and records that are stored using electronic data processing equipment. “System” does not include published directories, reference materials or newsletters, or routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person.
(3) “Maintains” means board ownership of, control over, responsibility for, or accountability for systems and includes, but is not limited to, the board depositing of information with a data processing center for storage, processing, or dissemination. The board “maintains” all systems of records that are required by law to be kept by the agency.
(B) The personal information system of the board shall be maintained in accordance with Chapter 1347. of the Revised Code.
(C) The board shall collect, maintain, and use only personal information that is necessary and relevant to the functions that the board is required or authorized to perform by statute or rule. Personal information shall be eliminated from the system when it is no longer necessary and relevant to those functions in accordance with the board record retention policy established pursuant to section 149.34 of the Revised Code.
(D) The board shall identify a privacy officer to be directly responsible for the personal information system of the board. The privacy officer shall develop procedures for purposes of monitoring the accuracy, relevance, timeliness, and completeness of the personal information in the system, and, in accordance with the procedures, maintain the personal information in the system with the accuracy, relevance, timeliness, and completeness that is necessary to assure fairness in any determination made with respect to a person on the basis of the information.
(E) The board shall take reasonable precautions to protect personal information in the system from unauthorized modification, destruction, use, or disclosure.
(F) The board shall specify disciplinary measures to be applied to any employee who initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in the system.
(G) The board shall provide for the right of persons who are the subject of personal information to be informed about the personal information of which the person is the subject and to permit the person or the person’s legal representative to inspect the personal information of which the person is the subject, in accordance with section 1347.08 of the Revised Code.
(H) If any person disputes the accuracy, relevance, timeliness, or completeness of personal information that pertains to the person and that is maintained by the board in a personal information system, that person may request the board to investigate the current status of the information. The board shall comply with section 1347.09 of the Revised Code when the board receives such a request.
Replaces: 4723-12-01 to 4723-12-04
Effective: 02/01/2008
R.C. 119.032 review dates: 10/01/2012
Promulgated Under: 119.03
Statutory Authority: RC Chapter 1347., and section 4723.07
Rule Amplifies: RC Chapter 1347., and section 4723.06
Prior Effective Dates: 4/1/91