4723-18-08 Standards and procedures for workplace monitoring.

(A) A licensee or certificate holder who is a participant in the practice intervention and improvement program shall be monitored by PIIP to determine whether the participant satisfactorily demonstrates that the learned knowledge and skills have been incorporated into the participant’s practice.

(B)A participant, in collaboration with his or her employer, shall identify one or more individuals who meet the requirements of paragraph (E) of this rule who will act as a workplace monitor of the participant’s nursing or dialysis care in accordance with the specifications set forth by PIIP.

(C) The workplace monitor shall:

(1) As directed by PIIP, observe specific aspects of the participant’s practice at the intervals identified by PIIP;

(2) Evaluate specific aspects of the participant’s practice and report to PIIP whether that practice, with respect to the identified practice deficiency, meets the standards of safe care as set forth in Chapter 4723-4, rules 4723-8-02, 4723-9-08 and 4723-9-09 of the Administrative Code, or rules 4723-23-12 and 4723-23-14 of the Administrative Code;

(3) Report to PIIP at the intervals required by PIIP regarding the participant’s progress in remediation; and

(4) Maintain the confidentiality of the participant’s participation in PIIP and of all records associated with the participant’s remediation.

(D) A workplace monitor shall meet the following requirements:

(1) When monitoring a licensed nurse the workplace monitor shall be a registered nurse with a current, valid license;

(2) When monitoring a holder of a certificate of authority for an identified practice deficiency associated with the scope of practice set forth in section 4723.43 of the Revised Code, the workplace monitor shall be an advanced practice nurse with a current, valid certificate of authority issued under section 4723.41 of the Revised Code, or a holder of a current, valid certificate issued under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, or podiatric medicine and surgery;

(3) When monitoring a dialysis technician, the workplace monitor shall be a registered nurse with a current, valid license or a holder of a current, valid certificate issued under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(E) In addition to meeting the requirements of paragraph (E) of this rule, a workplace monitor shall:

(1) Have no disciplinary action imposed on the license or authorization in Ohio or in another jurisdiction;

(2) Be in a position that enables the monitor to directly observe the participant’s clinical performance;

(3) Have a minimum of five years experience as a registered nurse, advanced practice nurse, or physician; and

(4) Cooperate with the participant and PIIP to meet the requirements set forth in the participatory agreement entered into by the participant and PIIP.

(F) When the individual to be monitored is a licensed practical nurse, the workplace monitor may direct a licensed practical nurse to observe specific tasks related to the identified practice deficiency and to report those observations to the monitor.

(G) When the individual to be monitored is a dialysis technician, the workplace monitor may direct an Ohio certified dialysis technician or licensed practical nurse to observe specific tasks related to the identified practice deficiency and to report those observations to the monitor.

(H) For purposes of providing the remediation directed by the supervising member, a workplace monitor shall be considered a representative of the board and, in accordance with section 4723.021 of the Revised Code, shall not be held liable in damages to any person as the result of any act, omission, proceeding, conduct, or decision related to official duties undertaken or performed pursuant to this chapter.

Effective: 02/01/2009

R.C. 119.032 review dates: 10/16/2008 and 10/01/2013

Promulgated Under: 119.03

Statutory Authority: 4723.07, 4723.282

Rule Amplifies: 4723.282

Prior Effective Dates: 2/1/2001, 2/1/2002, 2/1/2003, 2/1/2004, 2/1/2007