Chapter 4723-14 Continuing Nursing Education

4723-14-01 Definitions.

As used in this chapter:

(A) “Category A” means the portion of continuing education that meets the one hour requirement directly related to Chapter 4723. of the Revised Code and the rules of the board as set forth in rule 4723-14-03 of the Administrative Code. To qualify as category A, the continuing education must be approved by an OBN approver, or offered by an OBN approved provider unit headquartered in the state of Ohio.

(B) “Contact hour” means sixty minutes of continuing education. On the effective date of this rule, a continuing education activity that was approved under a previous administrative rule based on a fifty minute contact hour, may continue to utilize a fifty minute contact hour until expiration of the approval. Any application for approval of a continuing education activity after the expiration shall be based on a sixty minute contact hour.

(C) “Continuing education” means an approved or accredited planned learning activity that builds upon a prelicensure or precertification education program and enables a licensee or certificate holder to acquire or improve knowledge or skills that promote professional or technical development to enhance the licensee’s or certificate holder’s contribution to quality health care and pursuit of professional career goals.

(D) “Faculty-directed continuing education activity” means a continuing education activity in which faculty facilitate the pace and content of the activity, and the activity is one for which contact hours may be awarded in accordance with this chapter. The activity may occur in settings such as, but not limited to, a classroom, on-line, or via teleconference provided that one or more individuals is facilitating the pace of the activity.

(E) “Independent study” means a self-paced learning activity developed and directed by a provider of continuing education for individual use which has been approved by an OBN approver, another regulatory board in accordance with paragraph (A) of rule 4723-14-05 of the Administrative Code, an accredited educational institution, or a national accreditation system and which includes both a mechanism for evaluation of learning and feedback to the learner.

(F) “Inservice program” means activities provided for reasons including, but not limited to, the following:

(1) To meet specific expectations of the job; or

(2) To promote understanding of, and compliance with, institutional policies and procedures.

(G) “Interdisciplinary continuing education” means a planned, organized learning experience approved by a nationally recognized accreditation system designed for a target audience made up of members of two or more separate professions.

(H) “OBN” means the Ohio board of nursing.

(I) “OBN approver” means an approver of continuing education that has successfully completed the approval or reapproval process set forth in rules 4723-14-09 and 4723-14-10 of the Administrative Code.

(J) “Planned learning activity” means an educational experience which meets the requirements of this chapter and that may include interdisciplinary continuing education.

(K) “Proof of completion of continuing education” means a document or other verification that is issued by a continuing education provider as evidence of successful completion of a continuing education activity, and that meets the requirements set forth in rule 4723-14-06 of the Administrative Code.

(L) “Provider” means a person responsible for the planning and presentation of a faculty-directed or independent study continuing education activity described in this chapter .

(M) “Provider unit” means a person whose entire continuing education system has been approved by an OBN approver in accordance with this chapter, and is therefore authorized by the approver to plan and present continuing education activities.

(N) “Reactivate” means to change the status of a license or certificate from inactive to active.

(O) “Reinstate” means to change the status of a license or certificate from lapsed or suspended to reinstated.

(P) “Reporting period” or “renewal period” means:

(1) For a licensed practical nurse, September first through August thirty-first in the even numbered years;

(2) For a registered nurse, September first through August thirty-first in the odd numbered years;

(3) For an Ohio certified dialysis technician, April first through March thirty-first in the odd numbered years;

(4) For a certified community health worker, April first through March thirty-first in the odd numbered years;

(5) For a certified medication aide, the renewal period as specified in Chapter 4723-27 of the Administrative Code.

(Q) “Waiver” means a one-time exception from fulfilling the continuing education requirement set forth in section 4723.24 of the Revised Code and rules 4723-14-03, 4723-23-06, and 4723-26-05 of the Administrative Code.

Effective: 02/01/2009

R.C. 119.032 review dates: 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 4723.07, 4723.79

Rule Amplifies: 4723.24

Prior Effective Dates: 4/1/1991, 4/1/1993, 2/1/1996, 4/1/1997, 4/1/1998, 2/1/2001, 2/1/2002, 2/1/2003, 2/1/2007, 2/1/2008

4723-14-02 Military duty time extension and factors to be considered.

(A) Upon receipt of an application from a licensed nurse, dialysis technician, certified community health worker, or medication aide that is accompanied by proper documentation certifying that the individual has been called to active duty, as described in division (A)(3) of section 5903.12 of the Revised Code, during a current or prior reporting period, and certifying the length of that active duty, the individual shall receive an extension of the current continuing education reporting period equal to the total number of months spent in active duty during the current reporting period. For purposes of this rule, any portion of a month served on active duty shall be considered one full month.

(B) In determining whether the requirements of this chapter are met, the board shall consider relevant education, training, or service completed by a licensee or certificate holder as a member of the armed forces of the United States or its reserve components, the Ohio national guard, the Ohio military reserve, or the Ohio naval militia.

Replaces: Replaces former 4723-14-02

Effective: 02/01/2009

R.C. 119.032 review dates: 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 4723.07, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/98, 2/1/00, 2/1/01, 2/1/02/,2/1/03, 2/1/04, 2/1/2007

4723-14-03 Continuing education requirement for licensed nurses.

(A) Except as otherwise provided in this chapter, a nurse who seeks to renew an active license to practice nursing in Ohio must obtain twenty-four contact hours of continuing education during the renewal period.

(1) For the period immediately following licensure by examination, a nurse who holds an active license to practice nursing in Ohio is not required to complete any contact hours of continuing education for the first license renewal;

(2) A nurse who has been licensed by endorsement in Ohio for a period of time that is less than or equal to one year shall complete twelve contact hours of continuing education that meet the requirements of this chapter;

(3) A nurse who has been licensed by endorsement in Ohio for more than one year shall complete twenty-four contact hours of continuing education that meet the requirements of this chapter.

(B) On or after September 1, 2001 for registered nurses, and on or after September 1, 2002 for licensed practical nurses, and for every renewal period thereafter, including the renewal periods set forth in paragraphs (A) and (E) of this rule, at least one of the required hours of continuing education shall be category A continuing education.

(C) A licensed practical nurse who maintains an active license as a registered nurse in Ohio shall not be required to meet the continuing education requirement for renewal of the license to practice as a practical nurse.

(D) A nurse from another jurisdiction who applies for licensure by endorsement in Ohio shall not be required to meet the continuing education requirement to obtain licensure.

(E) A nurse shall attest to completion of the continuing education required by this rule on the application for renewal. The board may, at its discretion, require the applicant for renewal to show proof of completion of continuing education. If, prior to the expiration of the renewal period a nurse fails to provide proof of completion of continuing education upon the request of the board, the license shall lapse.

(F) To reactivate an inactive license or to reinstate a lapsed license to practice nursing in Ohio, the applicant shall complete twenty-four contact hours of continuing education during the twenty-four months immediately preceding the application.

(1) If the license of a registered nurse or licensed practical nurse has been inactive or lapsed for less than five years, the continuing education shall be twenty-four contact hours of continuing education that includes one hour of category A.

(2) If the license of a registered nurse or licensed practical nurse has been inactive or lapsed for five years or more, the continuing education shall consist of twenty-four contact hours. The twenty-four contact hours shall be documented in a manner that allows for the identification of learning objectives that satisfy the following:

(a) Two contact hours of category A with learning objectives that address scopes of practice for registered and licensed practical nurses, standards of safe practice, and nursing delegation;

(b) Six contact hours with learning objectives that address application of the nursing process and critical thinking, clinical reasoning, or nursing judgment related to patient care;

(c) Six contact hours pertaining to pharmacology with learning objectives that include, but are not limited to, drug classifications, medication errors, and patient safety;

(d) Two contact hours that include learning objectives related to clinical or organizational ethical principles in health care; and

(e) Eight contact hours that include learning objectives related to an area relevant to the nurse’s practice.

(3) The continuing education required by this paragraph shall be used only for the purpose of reactivating an inactive license, or reinstating a lapsed license, and shall not be applied toward the continuing education required for renewal of a license in accordance with paragraph (A) of this rule.

(G) A nurse who requests that a license to practice in Ohio be placed on inactive status shall not be required to meet the continuing education requirement for the period during which the license is on inactive status. To return to active status, the nurse shall comply with paragraph (E) of this rule.

(H) A nurse seeking to reactivate or reinstate a license shall provide to the board proof of completion of continuing education consistent with the requirement of paragraph (F) of this rule. If a nurse fails to provide proof of completion of continuing education, the license shall not be reactivated or reinstated.

(I) A nurse may use a waiver to satisfy the continuing education requirement for one renewal period only, and the nurse shall notify the board in writing requesting the waiver. Once a nurse notifies the board of the intent to use the waiver, the waiver shall not be rescinded and use of the waiver shall be documented by the board on the nurse’s license to practice nursing.

(J) A nurse shall not use the waiver to satisfy the requirements of rule 4723-8-10 of the Administrative Code, or to fulfill the requirements for reactivating or reinstating a license as set forth in paragraph (E) of this rule.

(K) A nurse who earns in excess of the number of hours required by this chapter during a single renewal period shall not apply the excess hours to satisfy future continuing education requirements.

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: 4723.24

Prior Effective Dates: 4/1/98, 2/1/00, 2/1/01, 2/1/02, 2/1/03, 2/1/04, 2/1/07

4723-14-04 Determining the continuing education credit.

(A) The official unit of measure for continuing education credit for licensees and certificate holders shall be the contact hour as defined in paragraph (B) of rule 4723-14-01 of the Administrative Code.

(B) The calculation of contact hours based on credit hours earned in an academic institution shall be as follows:

(1) For credit hours earned on an academic quarter system, one credit hour is equivalent to ten contact hours;

(2) For credit hours earned on an academic trimester system, one credit hour is equivalent to twelve contact hours;

(3) For credit hours earned on an academic semester system, one credit hour is equivalent to fifteen contact hours; and

(4) For credit hours that have not been identified as quarters, semesters, or trimesters, one credit hour is equivalent to ten contact hours.

(C) When continuing education credit is awarded without using the contact hour designation, the amount of credit accepted by the board shall be the amount of credit awarded by the approving entity.

(D) The OBN approver shall determine the minimum number of contact hours to be awarded which shall not be less than one-half contact hour.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 4723.07, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/01, 2/1/02, 2/1/03, 2/1/07

4723-14-05 Educational activities that do and do not meet the continuing education requirement.

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

(1) A continuing education activity that has been approved by an OBN approver or by a board or agency regulating the licensee or certificate holder in another jurisdiction;

(2) A continuing education activity that has been approved by a nationally recognized accreditation system of continuing education approval;

(3) A successfully completed course provided by an accredited educational institution for which academic credit is awarded to the licensee or certificate holder;

(4) An independent study as defined in paragraph (E) of rule 4723-14-01 of the Administrative Code;

(5) Interdisciplinary continuing education as defined in paragraph (G) of rule 4723-14-01 of the Administrative Code;

(6) A continuing education activity that has been approved by an agency that regulates a health care profession or discipline in Ohio or another jurisdiction;

(7) Continuing education credit may be given to a licensee or certificate holder who develops and presents a course or activity, or develops an independent study, in accordance with the following:

(a) For the first time a presentation is given, the licensee or certificate holder who develops and presents the course or activity shall be awarded the same number of contact hours as the participant receives for the presentation. Contact hours shall only be awarded for the first time a presentation is given;

(b) For an independent study, the number of contact hours awarded to the licensee or certificate holder who develops the independent study shall be equal to the number of contact hours awarded to participants who complete the independent study;

(c) A licensee or certificate holder who presents a portion of an activity may receive continuing education contact hours for additional portions of the activity the licensee or certificate holder attends but does not present.

(8) The board may approve a board-sponsored continuing education activity in accordance with this chapter.

(B) The following activities shall not be used by a licensee or certificate holder to satisfy the continuing education requirements set forth in section 4723.24 of the Revised Code, this chapter, and Chapter 4723-23 of the Administrative Code:

(1) Basic life support (BLS) or cardiopulmonary resuscitation (CPR);

(2) Repetition of any educational activity with identical content and course objectives within a single reporting period;

(3) An agency specific orientation or in-service program;

(4) A self-directed independent study such as reading of texts or journal articles that has not been approved as an independent study;

(5) Participation in clinical practice or research that is not part of a continuing education activity;

(6) A personal development activity;

(7) Professional meetings or conventions except for those portions designated as a continuing education activity;

(8) Community service or volunteer practice;

(9) Continuing education ordered by the board pursuant to section 4723.28 or 4723.282 of the Revised Code; or

(10) Membership in a professional organization.

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, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/97, 4/1/98, 2/1/01, 2/1/02, 2/1/03, 2/1/04, 2/1/07

4723-14-06 Proof of completion of continuing education.

(A) A licensee or certificate holder shall retain proof of completion of continuing education for a period of six years. Proof of completed continuing education shall be sent to the board by the licensee or certificate holder only upon the request of the board.

(B) Upon the request of the board, the licensee or certificate holder shall immediately provide to the board the following:

(1) A copy of the certificate issued by the provider that meets the requirements set forth in this rule;

(2) A school transcript or grade report that meets the requirements set forth in this rule; or

(3) Other documentation that meets the requirements set forth in this rule.

(C) The certificate issued by the provider, that is approved by an OBN approver, shall include the following:

(1) The authorized OBN approver number;

(2) Information about the accreditation system, if any;

(3) Space for the name of the attendee;

(4) Title of the program;

(5) Date of the program;

(6) Name of the provider;

(7) The number of contact hours earned; and

(8) When applicable, a statement that includes the number of category A hours and any other specific continuing education hours required under Chapter 4723. of the Revised Code and this chapter for certain licensees or certificate holders.

(D) The certificate issued by an approval body that meets the criteria of this chapter, but that is not an OBN approver, shall include the following:

(1) Space for the name of the attendee;

(2) Title of the program;

(3) Date of the program;

(4) Name of the provider;

(5) The number of contact hours earned; and

(6) The name of the authorized approver or the name of the approval body.

(E) For a course completed for academic credit, the school transcript or grade report shall include the following:

(1) The name of the student;

(2) The name of the school attended;

(3) The dates attended; and

(4) The credit hours awarded.

(F) Individuals seeking continuing education credit for first time presentation of a course for which contact hours were awarded, as set forth in paragraph (A)(7) of rule 4723-14-05 of the Administrative Code, shall supply the following:

(1) Original date of the activity;

(2) Length of the presentation;

(3) Title of the activity;

(4) The authorized OBN approver number, or name of the authorized approver if not OBN;

(5) Name of the provider;

(6) Objectives for the activity; and

(7) Number of contact hours awarded for the presenter’s presentation.

(G) If the information required by this rule is not included on the certificate, transcript, or grade report, the licensee or certificate holder shall obtain from the provider or academic institution a letter or other documentation satisfactory to the board that supplies the required information.

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, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 4/1/97, 4/1/98, 2/1/01, 2/1/02, 2/1/03, 2/1/04, 2/1/07

4723-14-07 Continuing education audit.

(A) The board may conduct a retrospective audit of any licensee or certificate holder to determine compliance with continuing education requirements. The audit shall be conducted in accordance with the following:

(1) The board shall send notification of the audit to the licensee or certificate holder;

(2) The notification of the audit shall specify the reporting period for which the licensee or certificate holder is required to document completion of continuing education;

(3) Within sixty days after the mailing of the notification of the audit, the licensee or certificate holder who is the subject of the audit shall submit to the board proof of completion of continuing education for the specified licensure or certification period.

(B) If the documentation submitted to the board by the licensee or certificate holder in response to a notification of the audit indicates noncompliance with the continuing education requirements, the board shall provide notification of noncompliance to the licensee or certificate holder. The notification may indicate any action the licensee or certificate holder is required to take to avoid being ineligible to renew the license or certificate on the next scheduled renewal date.

(C) A licensee or certificate holder who fails to respond to a notification of the audit or notification of noncompliance, or who fails to satisfactorily address a continuing education deficit, shall be considered ineligible for renewal, reactivation or reinstatement of the license or certificate until all continuing education requirements are satisfied.

(D) In accordance with section 4723.24 of the Revised Code, a licensee or certificate holder who is ineligible to renew a license or certificate issued by the board due to failure to respond to notification of audit or failure to comply with the continuing education requirements set forth in this chapter, shall not be provided a renewal application, and shall not otherwise be able to renew the license or certificate.

(E) A licensee or certificate holder who is ineligible to renew, reinstate or reactivate due to failure to comply with continuing education requirements shall be asked to provide proof of completion of up to forty-eight hours of continuing education in the forty-eight month period immediately preceding the application for renewal, reinstatement or reactivation of the license or certificate.

Replaces: 4723-14-07

Effective: 02/01/2008

R.C. 119.032 review dates: 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 4723.07, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 2/1/96, 4/1/98, 2/1/01, 2/1/02, 2/1/07

4723-14-08 General requirements for an Ohio board of nursing (OBN) approver.

(A) A provider unit that has been operating for a minimum of three years and is one of the following organizations may apply to the board to become an OBN approver of continuing education:

(1) A nursing or dialysis technician organization;

(2) A nursing education program;

(3) A dialysis technician training program; or

(4) A nursing or dialysis technician continuing education department.

(B) The OBN approver applicant shall demonstrate to the board its capacity to ensure that a provider of continuing education meets the standards set forth in this chapter.

(C) Upon approval by the board, an OBN approver shall be issued an approver number.

(D) An OBN approver shall use the approver number assigned to it by the board on all written material and shall have in place a mechanism to ensure that all continuing education providers approved by the OBN approver use the number in accordance with this chapter.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: RC 4723.07, 4723.69, 4723.79

Rule Amplifies: RC 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1, 98, 2/1/01, 2/1/04, 2/1/07

4723-14-09 Process to obtain initial approval as an OBN approver.

(A) To become an OBN approver the following shall be submitted to the board:

(1) A completed application using the form specified by the board that includes:

(a) Demographic data;

(b) Philosophy of the proposed OBN approver;

(c) Goals for the proposed OBN approver;

(d) Information with respect to material resources and physical facilities of the proposed OBN approver;

(e) Information regarding the budget planning and administration process of the proposed OBN approver;

(f) A description of the record-keeping system to be used by the proposed OBN approver;

(g) A description of the total proposed OBN approver evaluation process;

(h) A description of the defined unit administratively responsible for coordinating all aspects of the proposed OBN approver;

(i) A description of the process for approving provider programs or provider units that shall include peer review directed by a registered nurse who holds a master’s degree and either:

(i) Has a background or education in adult education; or

(ii) Has documented knowledge of the continuing education process;

(j) A copy of the policies required by rule 4723-14-12 of the Administrative Code.

(2) An attestation that the information provided to the board is true and accurate.

(B) The board may conduct a site visit of the proposed OBN approver to verify the accuracy of the information submitted to the board in the application process.

(C) The board shall notify the proposed OBN approver in writing if additional information is needed. The notice shall specify a time frame for submission of the requested information.

(D) At a regularly scheduled board meeting the board shall review a summary of the completed application submitted by the proposed OBN approver and any other information required by the board to determine compliance with this chapter. After review the board shall do one of the following:

(1) Grant initial approval to the proposed OBN approver and assign an OBN approver number. Both shall be valid for two years;

(2) Propose to deny approval pursuant to an adjudication under Chapter 119. of the Revised Code; or

(3) Defer action pending submission by the proposed OBN approver of additional information that addresses the area of deficiency identified by the board.

(E) The board shall provide written notice of its decision to the proposed OBN approver.

(F) A proposed OBN approver shall not approve a continuing education activity or provider unit until authorized by the board to do so.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: RC 4723.07, 4723.79

Rule Amplifies: RC 4723.24

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/01, 2/1/03, 2/1/07

4723-14-10 Reapproval of an OBN approver.

(A) The board may conduct a site visit of the OBN approver to determine compliance with this chapter prior to reapproval of the approver.

(B) After reviewing a summary report and supporting documentation related to the site visit, the board shall:

(1) Grant reapproval to the OBN approver for no more than five years;

(2) Propose to deny reapproval pursuant to an adjudication under Chapter 119. of the Revised Code; or

(3) Defer action pending submission of additional information by the OBN approver that addresses any area of deficiency identified by the board.

(C) If the board fails to act on a reapproval application that was timely submitted by an OBN approver, the board shall issue a notice extending the approval period until such time as the board may take appropriate action on the application for reapproval.

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, 4723.79

Rule Amplifies: 4723.24

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/00, 2/1/03, 2/1/07

4723-14-11 Termination of OBN approver status.

(A) The board may conduct an audit of an OBN approver. The audit may include a site visit or a request for any information needed to determine compliance with this chapter.

(B) The following may constitute grounds for termination of an OBN approver’s approval status:

(1) Failure to maintain compliance with this chapter;

(2) Failure to submit information required by the board within the time frame established by the board; or

(3) Refusal to cooperate during a site visit conducted by the board.

(C) When an OBN approver fails to maintain the standards set forth in this chapter, the board may propose to terminate the OBN approver status. A board proposal to terminate OBN approver status shall be pursuant to an adjudication under Chapter 119. Of the Revised Code. Based on the results of the adjudication, the board may continue approval, terminate approval, or continue approval with contingencies.

(D) An OBN approver may voluntarily surrender its approval status. Upon surrender, the OBN approver shall comply with the requirements set forth in rule 4723-14-18 of the Administrative Code.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 4723.07

Rule Amplifies: 4723.24

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/07

4723-14-12 OBN approver policies and statements.

(A) An OBN approver shall establish, implement, and enforce written policies that address the following:

(1) The scope of the approver’s approval activities including, but not limited to, identification of the target audience of providers and the type of applications to be approved;

(2) Qualifications for, selection of, and job descriptions for all paid or volunteer staff members of the approver, including a mechanism for identifying and handling potential conflicts of interest for individuals involved in the approval process;

(3) A peer review process to be used for review and approval of all continuing education activities that includes a defined peer review process for the approver’s own continuing education activities;

(4) An application process and guidelines for approval and reapproval of individual faculty-directed and independent study continuing education activities, in accordance with rules 4723-14-15 and 4723-14-16 of the Administrative Code, that ensure:

(a) The approval or reapproval process is completed prior to the date the continuing education activity is offered; and

(b) The content of the activity meets the criteria for approval set forth in paragraph (C) of rule 4723-14-01 of the Administrative Code;

(5) An application process and guidelines for approval and reapproval to be used by a provider unit that applies to have its total continuing education system approved in accordance with rule 4723-14-17 of the Administrative Code. The process shall ensure that the internal review and documentation used by the provider unit are completed prior to the date any continuing education activity is offered;

(6) The documentation, review process, and record-keeping to be used by the OBN approver offering its own continuing education activities that ensure all documentation and reviews are completed prior to the date any continuing education activity is offered;

(7) The process for awarding contact hours for a continuing education activity, including a statement of minimum requirements an individual must meet to receive contact hours;

(8) The process for ensuring that the primary purpose of a continuing education activity is not to promote the sale of items or services;

(9) A statement ensuring that if any commercial support is provided for an educational activity, the continuing education provider will maintain control of the educational content and disclose to attendees all financial relationships, or lack thereof, between the commercial supporter and the continuing education provider or presenter, and insure that arrangements for commercial exhibits will not influence the planning of, or interfere with the presentation of, educational activities.

(10) A system for record-keeping that ensures the following records are maintained, safely stored, and readily retrievable for not less than six years:

(a) A copy of the entire application package submitted to the board by the OBN approver and all reapproval applications;

(b) A copy of each continuing education application reviewed by the OBN approver with all attachments;

(c) Documentation of the review and action taken on each application;

(d) A copy of any letter stating OBN approver decisions and all other pertinent correspondence; and

(e) All additional or clarifying information concerning the application;

(11) An evaluation process that provides for evaluation of the activities of the OBN approver;

(12) The process for assuring that the OBN approver number is used in all correspondence and advertising in accordance with paragraph (E) or (F) of rule 4723-14-14 of the Administrative Code;

(13) The process for development and distribution to the public of material related to approval activities including, but not limited to, a current list of continuing education activities approved or offered by the OBN approver;

(14) Possible actions an OBN approver may take in response to an application for approval submitted by a continuing education provider, including the time period for notifying the applicant regarding the action taken;

(15) The actions a continuing education provider may take while an application for approval of a continuing education activity is pending before an OBN approver, including a process for appealing a negative decision by the approver;

(16) The process for withdrawal of approval of a continuing education provider’s activity or system that includes a description of the circumstances that can lead to loss of approval and the process used to notify consumers regarding the loss of approval;

(17) Publication of deadlines for submission of continuing education provider applications and fees for the approval process;

(18) The process used for reporting to the board when reports are required; and

(19) The process for documenting a review conducted by the OBN approver in response to complaints received about a provider or provider unit.

(B) The policies required by this rule shall be dated and reviewed in accordance with the approver’s evaluation plan.

(C) An OBN approver shall develop a written statement of its beliefs and goals that is congruent with this chapter and reflects its beliefs about the promotion and improvement of health care through the provision of approved continuing education.

(D) An OBN approver shall develop, date, and periodically review an organizational chart defining the lines of authority and communication within the approver and the its administrative structure.

(E) The OBN approver shall establish a means to review the provider unit during the three year approval period, that may include, but is not limited to, on-site visits to the provider unit, or review of documentation requested by the OBN approver.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: RC 4723.07, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/00, 2/1/01, 2/1/07

4723-14-13 Reports to the board by an OBN approver.

(A) An OBN approver shall submit written notification to the board within thirty days of any change in the:

(1) Approval system;

(2) Key personnel directly responsible for the approval system;

(3) Structure of the administration that influences the functioning of the approver; or

(4) Ownership or extent of the OBN approver’s activities.

(B) An OBN approver shall submit to the board all data about its approval activities as requested by the board within the time frame specified.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 4723.07, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/03, 2/1/07

4723-14-14 Approval of a continuing education provider or provider unit.

(A) An OBN approver may approve the individual continuing education activities offered by a provider or may approve the entire continuing education system of a provider unit.

(B) A continuing education activity offered by a provider or provider unit may be faculty-directed or an independent study as defined in rule 4723-14-01 of the Administrative Code.

(C) An OBN approver may grant a provider approval of an individual continuing education activity for two years, or grant approval to a provider unit for its entire continuing education system for up to three years provided:

(1) For an individual continuing education activity, the provider notifies the OBN approver of all additional dates the activity will be offered and of any change to the activity; or

(2) For a provider unit whose entire continuing education system has been approved, the provider unit maintains records of additional dates and any change to the repeated activity.

(D) An OBN approver may present its own continuing education activity provided the approver maintains a defined peer review process to assure that the activity satisfies the requirements of this chapter.

(E) If approved by an OBN approver, all advertising for the continuing education activity shall include the approval status and the OBN approver number.

(F) If approval by an OBN approver is pending, advertising for a continuing education activity shall include a statement that directs any interested party to contact the provider to obtain information regarding approval status.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: RC 4723.07, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/97, 4/1/98, 2/1/01, 2/1/02, 2/1/03, 2/1/07

4723-14-15 Approval of a faculty-directed continuing education activity.

(A) Each application for approval of a faculty-directed continuing education activity submitted by a continuing education provider to an OBN approver shall document all of the following:

(1) Availability of adequate resources to be used for administering and planning the continuing education activity, including identification of the person responsible for its administration and planning;

(2) The process of assessment, planning, implementation and evaluation of a continuing education activity occurs under the direction of a registered nurse or a planning committee that includes at least one registered nurse, and at least one licensed practical nurse if the target audience includes licensed practical nurses;

(3) Identification of the target audience and appropriate objectives for the identified target audience;

(4) Inclusion of behavioral objectives for each segment of the continuing education activity that shall be appropriate for the identified target audience;

(5) Identification of a content outline reflective of continuing education principles, practice, and needs of the target audience;

(6) Identification of faculty credentials that include the specific qualifications of each faculty member for the topic area to be presented;

(7) Written co-sponsorship agreements that clearly identify the continuing education provider applicant as responsible for meeting and maintaining board requirements;

(8) Evaluation of the continuing education activity that addresses the achievement of program objectives and the teaching effectiveness of each faculty member; and

(9) Identification of criteria for successful completion of the continuing education activity that are communicated to the participant prior to the continuing education activity.

(B) Any advertising materials for the continuing education activity shall be completed in accordance with rule 4723-14-14 of the Administrative Code and shall be submitted to the OBN approver for review. A draft may be submitted with the application with a final copy to be submitted for the record.

(C) A document verifying completion of a continuing education activity shall be given by the continuing education provider to all attendees who meet the requirements to receive contact hours. The document shall include:

(1) A space for the name of the attendee;

(2) The title of the program;

(3) The date of the program;

(4) The name of the provider of the continuing education activity;

(5) The name of the OBN approver and OBN approver number;

(6) The number of contact hours earned;

(7) When applicable, a statement that includes the number of category A hours, or a statement that includes the number of contact hours and a description of the following:

(a) Continuing education for non-certified clinical nurse specialists as set forth in rule 4723-8-10 of the Administrative Code;

(b) Continuing education for dialysis care as set forth in rule 4723-23-06 of the Administrative Code; or

(c) Continuing education in advanced pharmacology for a nurse holding a certificate to prescribe as set forth in section 4723.485 of the Revised Code,

(8) When applicable, indication of contact hours for the initial presentation of the continuing education activity by the presenter.

(D) Records shall be maintained by the provider offering the continuing education activity in a safe, secure, and accessible manner for six years and shall include the following for each continuing education activity approved:

(1) A complete copy of all application data;

(2) All correspondence with the OBN approver;

(3) A list of all attendees who were issued contact hours for each date the continuing education activity was offered that includes the number of contact hours granted to each;

(4) A summary evaluation for each date the continuing education activity is offered; and

(5) Any change made to the program during its approval period.

(E) During the period of approval, the provider offering the continuing education activity approved by the OBN approver shall notify the OBN approver of:

(1) Any additional presentation dates; and

(2) Any change made to the continuing education activity as submitted in the original application.

(F) An OBN approver may approve an individually submitted faculty-directed continuing education activity that complies with the standards set forth in this rule. The approval may be granted for up to two years.

(G) An application for reapproval of an individually submitted faculty-directed continuing education activity may be simplified in accordance with policies established by the OBN approver.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: RC 4723.07, 4723.69, 4723.79

Rule Amplifies: RC 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/01, 2/1/02, 2/1/03, 2/1/07

4723-14-16 Approval of an independent study continuing education activity.

(A) An application for approval of an independent study continuing education activity submitted by a provider to an OBN approver shall include documentation of all of the requirements set forth in paragraphs (A) to (D) of rule 4723-14-15 of the Administrative Code in addition to the following:

(1) Documentation of the qualifications of the author of the independent study package and those of the individual providing feedback to the learner;

(2) A description of the entire independent study package that outlines all activities of the learner, all materials to be used, and the method the learner is to use to gain access to or interact with the provider of the independent study;

(3) Documentation of the effectiveness of the independent study in meeting objectives and of the rationale used to determine the number of contact hours to be awarded; and

(4) An evaluation mechanism that includes a method for providing feedback to the learner.

(B) An OBN approver may approve an individually submitted independent study continuing education activity that complies with the standards set forth in paragraph (A) of this rule. The approval may be valid for up to two years.

(C) An application for reapproval of an individually submitted independent study continuing education activity may be simplified in accordance with policies established by the OBN approver.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: RC 4723.07, 4723.69, 4723.79

Rule Amplifies: RC 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/01, 2/1/07

4723-14-17 Approval of the continuing education system of a provider unit.

(A) An OBN approver may elect to approve and reapprove the continuing education system of a provider unit for a specified period of time, not to exceed three years. The approval and reapproval processes shall be based on an in-depth analysis by the OBN approver of the ability of the provider unit to meet the board continuing education requirements set forth in this chapter, and to maintain the requirements during the approval period. The application to the OBN approver shall include documentation of meeting the following requirements:

(1) The provider unit shall have demonstrated the ability to meet the board continuing education requirements set forth in this chapter by having received approval for a specified number of continuing education activities or contact hours prior to applying for approval of the continuing education system;

(2) The provider unit shall be an identifiable unit and shall have a philosophy and goals in accordance with this chapter;

(3) The provider unit shall have sufficient resources to meet and maintain board requirements set forth in this chapter including a registered nurse responsible for the planning and implementation of continuing education activities;

(4) The provider unit shall use a peer review process as a means of demonstrating that another individual has reviewed the continuing education activities for meeting the requirements of this chapter.

(5) The provider unit shall have ready for implementation the following:

(a) A policy requiring all continuing education requirements set forth in this chapter to be met and maintained;

(b) A policy requiring all individual continuing education activities provided by the provider unit to meet the requirements for approved continuing education activities set forth in this chapter, that all the required documentation and peer review of the application are completed prior to the presentation of the continuing education activity, and that the required records are completed after the presentation and maintained in accordance with rule 4723-14-12 of the Administrative Code;

(c) A co-sponsorship policy requiring a written agreement and a mechanism ensuring the provider who has obtained approval from an OBN approver maintains control of, and responsibility for, all aspects of meeting and maintaining continuing education requirements set forth in this chapter;

(d) A policy requiring all advertising used by the provider to meet the requirements of rule 4723-14-14 of the Administrative Code;

(e) A policy requiring ongoing evaluation of the provider unit’s system;

(6) The applicant for approved provider unit status shall submit to the OBN approver a sample application for a continuing education activity that has been previously approved by an OBN approver The sample application shall document the meeting of the requirements for a continuing education activity set forth in this chapter.

(B) Any significant change made in the provider unit during the period of approval shall be submitted to the OBN approver within thirty days of the change.

(C) For reapproval, the provider unit shall submit to the OBN approver, at a minimum, updated policies, evaluation data, and a sample application for a continuing education activity including advertising materials, as part of the reapproval application, and additional information requested by the OBN approver.

(D) A provider unit shall not accept applications for continuing education approval outside its provider unit.

(E) Records shall be maintained by the provider unit in a safe, secure, and accessible manner for six years, and shall include:

(1) A complete copy of the provider unit application submitted to the OBN approver and all related correspondence;

(2) Copies of all continuing education activity files including:

(a) Documentation for a faculty-directed continuing education activity as set forth in paragraphs (A) to (C) of rule 4723-14-15 of the Administrative Code, or documentation for an independent study as set forth in paragraph (A) of rule 4723-14-16 of the Administrative Code;

(b) A list of all attendees who were awarded contact hours for each date the continuing education activity was offered that includes the number of contact hours awarded to each;

(c) A summary evaluation for each date the continuing education activity is offered; and

(d) Any changes made to the activity during its approval period.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: RC 4723.07, 4723.69, 4723.79

Rule Amplifies: RC 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/01, 2/1/03, 2/1/07

4723-14-18 Termination of approval activities.

(A) An OBN approver shall notify the board of its intent to surrender its OBN approver status no less than thirty days immediately prior to the scheduled termination.

(B) The OBN approver shall notify all of its approved providers of continuing education activities regarding its intent to surrender its OBN approver status no less than thirty days prior to actual termination.

(C) The OBN approver shall establish and implement a plan for the orderly transfer of responsibility for approval activities and record-keeping and shall notify the board of that plan prior to the actual termination of approval activities.

R.C. 119.032 review dates: 10/15/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 4723.07, 4723.69, 4723.79

Rule Amplifies: 4723.24, 4723.651, 4723.77

Prior Effective Dates: 4/1/91, 4/1/93, 2/1/96, 4/1/98, 2/1/01, 2/1/03, 2/1/07