Chapter 4723-5 Nursing Education Program

4723-5-01 Definitions.

For the purpose of this chapter, the following definitions shall apply:

(A) "Administrator of the program" or "program administrator" means the registered nurse who is administratively responsible for a program.

(B) "Advanced standing" means academic credit awarded by a program for a student's prior clinical experience and coursework, in accordance with the policy required by paragraph (A)(3) of rule 4723-5-12 of the Administrative Code.

(C) "Change of control" means transfer of the authority to manage, direct, or supervise a program from a controlling agency to another entity, including, but not limited to, the power, directly or indirectly, to direct the management or policies of a program or to vote fifty per cent or more of any class of voting interest in an entity that is the controlling agency.

(D) "Clinical course" means a nursing course that includes clinical experience.

(E) "Clinical experience" means an activity planned to meet course objectives or outcomes and to provide a nursing student with the opportunity to practice cognitive, psychomotor, and affective skills in the supervised delivery of nursing care to an individual or group of individuals who require nursing care.

(F) "Compliance" means a program meets and maintains the requirements set forth in this chapter.

(G) "Conceptual framework" means the key concepts and basic themes drawn from the program's philosophy that form the basis for the curriculum.

(H) "Conditional approval" means the initial approval status granted to a proposed program that meets and maintains the requirements of this chapter. Conditional approval authorizes implementation of the program and is required prior to the final acceptance of a student into the program.

(I) "Controlling agency" means the entity that grants credentials upon completion of a program and under which a program is organized and administered.

(J) "Course objectives or outcomes" means the cognitive, psychomotor, or affective knowledge and skills to be learned by the nursing student upon completion of a course.

(K) "Current, active licensure" means, for the period from February 1, 2007 through February 1, 2008, an individual holds a license that is not currently subject to any restrictions on practice, suspension, or probationary terms in any jurisdiction.

(L) "Current, valid license" and "current, valid licensure" mean an individual holds a license to practice nursing issued under Chapter 4723. of the Revised Code that is not inactive, suspended, revoked, or subject to restrictions, and for which the individual continues to meet all of the requirements for issuance.

(M) "Curriculum" means all theory components, clinical components, and laboratory experiences that must be successfully completed for admission to licensure examinations.

(N) "Faculty" means a registered nurse who meets the faculty requirements set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program or rule 4723-5-11 of the Administrative Code for a practical nursing education program. Faculty:

(1) Plan and teach all courses containing nursing objectives, or direct the teaching of those courses provided by teaching assistants;

(2) Report to the program administrator or associate administrator; and

(3) Contribute to the evaluation and implementation of, or changes in program curriculum.

(O) "Full approval" means the approval status granted to a program that meets and maintains the requirements of this chapter. Full approval may be granted for a five-year period to:

(1) A program with conditional approval after completion of the program by the first class who entered the program immediately after conditional approval was granted, provided the program meets and maintains the requirements of this chapter;

(2) A program with full approval demonstrating that the requirements of this chapter continue to be met and maintained; or

(3) A program with provisional approval if the board determines that the program is meeting and maintaining the requirements of this chapter and if the established time period for provisional approval has expired.

(P) "Jurisdiction" means any state, territory, or political subdivision of the United States of America in which a board or legal approving authority regulates nurse licensure and nursing practice and maintains membership in the national council of state boards of nursing.

(Q) "Laboratory experience" means an activity planned to meet course objectives or outcomes and to provide a nursing student with the opportunity to practice cognitive, psychomotor, and affective skills in the performance of nursing activities or tasks in a simulated clinical environment, which may include the opportunity to practice nursing skills through the reproduction of life-like health care experiences using computerized models and simulator programs.

(R) "Life span" means conception to death.

(S) "Observational experience" means faculty assigned learning experiences during which a student observes the delivery of care to patients, but does not participate in providing nursing care.

(T) "Organizing theme" means the concepts drawn from one or more theorists that provide a description as to how the concepts serve as a basis for curriculum development.

(U) "Pharmacotherapeutics" means knowledge and intervention related to the administration of medications and includes, but is not limited to, drug actions and interactions, indications for and usage of the drug, contraindications, dosage, route of administration, side effects of the drug, and nursing implications.

(V) "Philosophy" means beliefs about the nature of the individual, society or community, nursing, health, teaching, and learning.

(W) "Practical nursing education program" means a nursing education program that leads to initial licensure as a licensed practical nurse.

(X) "Preceptor" means a registered nurse or licensed practical nurse who meets the requirements of this chapter, who provides supervision of a nursing student's clinical experience at the clinical agency in which the preceptor is employed, to no more than two students at any one time, and who implements the clinical education plan at the direction of a faculty member responsible for the course in which the student is enrolled.

(Y) "Program" means an approved nursing education program leading to initial licensure to practice as a nurse that issues a program completion letter to the board.

(Z) "Program objectives or outcomes" means the cognitive, psychomotor, or affective knowledge and skills to be learned by a nursing student upon completion of a program.

(AA) "Provisional approval" means the approval status granted in accordance with this chapter to a program that was previously granted full approval, but fails to meet and maintain the requirements of this chapter. Provisional approval is granted for a specific time period.

(BB) "Registered nursing education program" means a professional nursing education program that leads to initial licensure as a registered nurse.

(CC) "Representative of the board" means an employee of the board or an individual designated by the board to act on the board's behalf.

(DD) "Resume" means a resume, curriculum vitae, or any other record that summarizes an individual's education and nursing related employment history, including the locations of educational institutions and employers, dates of graduation, months and years of employment, and description of job functions performed.

(EE) "Structured setting" means a setting in which direction and supervision are readily available; written policies and procedures are in place; and information, material, and human resources are easily accessed.

(FF) "Supervision of a nursing student in a clinical setting" means that a faculty member, teaching assistant, or preceptor is immediately available to the nursing student at all times to provide guidance and review of the student's performance.

(GG) "Survey report" means any report, or any summary of such a report, prepared by a representative of the board that contains information from an on-site review of a program or proposed program.

(HH) "Survey visit" means an on-site review of a program or proposed program by a representative of the board to determine whether the program meets and maintains the requirements of this chapter for nursing education programs.

(II) "Teaching assistant" means a person employed to assist and work at the direction of a faculty member providing instruction in the classroom, laboratory, or in a clinical setting in which nursing care is delivered to an individual or group of individuals, and who meets the qualifications set forth in this chapter.

(JJ) "Teaching strategy" means a system of instructional processes designed to meet course objectives or outcomes.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2002, 02/01/2003, 02/01/2007, 02/01/2008

4723-5-02 General information.

(A) A program must meet and maintain the requirements set forth in this chapter in order to maintain approval by the board.

(B) The board shall evaluate whether a program is meeting and maintaining the requirements of this chapter, and shall determine a program's approval status in accordance with this chapter. The board shall have the authority to review all documents retained by the program that are required by this chapter.

(C) Failure to meet and maintain a requirement of this chapter shall be considered noncompliance and may affect a program's approval status, upon action by the board in accordance with rule 4723-5-04 of the Administrative Code.

(D) If a representative of the board fails to conduct a survey visit of a program with full approval, as set forth in rule 4723-5-06 of the Administrative Code, beforethe approval period expires, the board shall issue a notice to the administrator of the program extending full approval status until a representative of the board conducts a survey visit and the board takes action on the program's approval status.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2002, 02/01/2007, 02/01/2008

4723-5-03 Change of control of a program.

(A) When a controlling agency of a program plans to implement a change of control, the chief officer or designee of the controlling agency shall provide the board, at least thirty days prior to the effective date of change of control, the following written information:

(1) The name and address of the program;

(2) The name and address of the new controlling agency;

(3) The effective date for the change of control;

(4) Name of the program administrator;

(5) A letter verifying that the program will continue to meet and maintain the requirements established in Chapter 4723-5 of the Administrative Code;

(6) Whether any curriculum changes will be proposed as a result of the change in control; and

(7) The anticipated graduation date for the first class of students admitted following the change in control.

(B) Following the effective date of the change of control a representative of the board may conduct a survey visit, as outlined in rule 4723-5-06 of the Administrative Code, or may request a progress report to determine compliance with this chapter.

Replaces: Replaces former 4723-5-03

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1999, 02/01/2002, 02/01/2003, 02/01/2007, 02/01/2008

4723-5-04 Procedure for board determination of a program's status.

(A) The board shall grant full approval status to programs holding:

(1) Full approval, if a program demonstrates to the board that it continues to meet and maintain the requirements of this chapter;

(2) Conditional approval, at the first board meeting following completion of the survey process required by division (A)(5) of section 4723.06 of the Revised Code, provided the program demonstrates to the board that it meets and maintains the requirements of this chapter;

(3) Provisional approval, if the program demonstrates to the board that it meets and maintains the requirements of this chapter.

(B) The following procedures shall be followed by the board when a program does not meet and maintain the requirements of this chapter:

(1) For a program with conditional approval, the board shall propose to withdraw conditional approval pursuant to an adjudication under Chapter 119. of the Revised Code. The adjudication may result in the continuance of conditional approval, continuance of conditional approval based on compliance with the terms and conditions of a board order or consent agreement, or withdrawal of conditional approval;

(2) For a program with full approval, the board shall place the program on provisional approval in accordance with this chapter. When a program is placed on provisional approval, the board shall specify the requirements the program has not met and maintained and shall establish the time period during which the program will be on provisional approval. The board shall reconsider the program's approval status when the program demonstrates to the board that it meets and maintains the requirements of this chapter;

(3) If a program on provisional approval continues to fail to meet and maintain the requirements of this chapter at the end of the time period established for provisional approval, the board may propose to continue provisional approval for a period of time specified by the board or may propose to withdraw approval pursuant to an adjudication under Chapter 119. of the Revised Code. The adjudication may result in the continuance of provisional approval, withdrawal of approval, or granting of full approval;

(4) If a program on provisional approval in accordance with this chapter demonstrates that an additional requirement is not being met and maintained, the board shall propose to withdraw approval pursuant to an adjudication under Chapter 119. of the Revised Code. The adjudication may result in the continuance of provisional approval, withdrawal of approval, or granting of full approval ;

(5) The board may enter into a consent agreement in lieu of conducting an adjudication under this rule that addresses the requirements of this chapter not met and maintained.

(C) The board shall provide to the administrator of the program written notice of the board's action.

(D) If a program with full approval status loses its approval, accreditation or certificate of registration from the Ohio board of regents, the Ohio department of education, the state board of career colleges and schools, or any national or regional post-secondary education accreditation entity, a representative of the board may conduct a survey visit and the board may place the program on provisional approval.

(E) If a program with full approval status fails to meet any of the following requirements, the board shall place the program on provisional approval status for a period of time:

(1) Failure to provide clinical or laboratory experience to students, as required by paragraph (F)(8) of rule 4723-5-13 of the Administrative Code for a registered nursing program, or paragraph (E)(12) of rule 4723-5-14 of the Administrative Code or paragraph (F) of rule 4723-5-14 of the Administrative Code for a practical nursing program;

(2) Failure to timely designate a qualified administrator or interim administrator according to paragraph (D) of rule 4723-5-09 of the Administrative Code;

(3) Providing or submitting false, misleading or deceptive information, documentation or statements to the board, in violation of rule 4723-5-25 of the Administrative Code; or

(4) Having pass rates on the licensure examination of less than ninety-five per cent of the national average for first-time candidates for the fourth consecutive year, as specified in paragraph (B)(4) of rule 4723-5-23 of the Administrative Code.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1997, 04/01/1999, 02/01/2000, 02/01/2002, 02/01/2007, 02/01/2008, 02/01/2009, 02/01/2011, 02/01/2012

4723-5-05 Program reports to the board.

(A) An annual report for each program with full approval or provisional approval during a reporting period shall:

(1) Be completed by the administrator of the program;

(2) Be submitted in a format prescribed by the board;

(3) Be in accordance with a schedule determined by the board; and

(4) Include documentation of meeting and maintaining the requirements of this chapter, and a list of all locations where all or part of the theory components of the curriculum are taught.

(B) When requested by the board, the administrator of the program shall submit progress reports or periodic supplemental reports, completed questionnaires and surveys, and other documents that shall include the information requested by the board. The administrator of the program shall complete all surveys or questionnaires requested by the board to verify compliance with this chapter.

(C) Failure to submit a report as required by the board may result in a change of the program's approval status in accordance with rule 4723-5-04 of the Administrative Code.

R.C. 119.032 review dates: 10/13/2011 and 10/13/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: : 02/01/1996, 04/01/1997, 04/01/1999, 02/01/2002, 02/01/2007, 02/01/2008, 02/01/2008

4723-5-06 Survey visits, reports, and response by the administrator of a program to a survey visit report.

(A) A representative of the board shall conduct a survey visit for the purpose of determining if a program is meeting and maintaining the requirements of this chapter. Survey visits may be made to the program and any or all of its locations. Survey visits include the following:

(1) An announced survey visit for each program at least once during the program's approval period as part of the reapproval process. If a representative of the board fails to conduct a survey visit before a program's full approval period expires, the board shall issue a notice to the administrator of the program extending the full approval status until a representative of the board conducts a survey visit and the board takes action on the program's approval status;

(2) Additional announced or unannounced survey visits as deemed necessary and appropriate by the board or representative of the board;

(3) An announced survey visit for a proposed program seeking conditional approval as provided in paragraph (D) of rule 4723-5-08 of the Administrative Code.

(a) The board may conduct a survey visit for a proposed program prior to granting conditional approval.

(b) If a survey visit is not conducted prior to the board granting conditional approval, a survey visit shall be conducted no later than eight months after the date on which formal instruction begins for the first class of students admitted to the program.

(c) A survey visit conducted within eight months after the date on which formal instruction begins for the first class of students admitted to a program, may be conducted in conjunction with the survey visit required by paragraph (A)(4) of this rule;

(4) An announced survey visit for a program with conditional approval, prior to completion of the program by the first class that entered the program immediately after conditional approval was granted;

(5) An announced survey visit in accordance with paragraph (B) of rule 4723-5-23 of the Administrative Code when a program has a pass rate on the licensure examination that is less than ninety-five per cent of the national average for first-time candidates in a calendar year for three consecutive years; and

(6) An announced survey visit in accordance with paragraph (B) of rule 4723-5-23 of the Administrative Code when a program has a pass rate on the licensure examination that is less than ninety-five per cent of the national average for first-time candidates in a calendar year for four or more consecutive years.

(B) Prior to an announced survey visit as set forth in paragraph (A) of this rule, the board shall contact the administrator of the program to arrange the dates for the survey visit. The contact shall be followed by a notice to the administrator of the program that shall include information pertinent to the survey visit.

(1) If the program to be surveyed has two or more locations, the program administrator shall notify the faculty, teaching assistants and students at each program location of the anticipated date of the survey, and provide contact information for the board so that faculty, teaching assistants and students at each location may directly forward any comments to the board concerning the program.

(2) When finalizing the survey schedule, a representative of the board may consider faculty, teaching assistant and student comments when determining if survey visits will be made for program locations.

(C) Prior to an announced survey visit as set forth in paragraph (A)(1) of this rule, the administrator of the program shall complete a presurvey visit report in a format prescribed by the board and shall submit the presurvey visit report to the board at least three weeks prior to the scheduled date of the survey visit.

(D) After a survey visit is completed by a representative of the board, a survey report of the visit shall be completed and submitted to the administrator of the program. The report shall indicate the requirements that were not met and maintained by the program, when applicable, and the date that the survey report will be considered by the board. The report may include recommendations for enhancement of the program.

(E) If the survey report indicates that a requirement is not being met and maintained, the administrator of the program may submit to the board, not later than forty-five days prior to the date the board is to consider the report, documentation that the program is meeting and maintaining each requirement identified in the report as not being met and maintained.

(F) When making a determination about a program's approval status, the board shall consider the survey report and any documentation submitted by the administrator of the program, provided the documentation was submitted by the administrator of the program within the time frame specified in paragraph (E) of this rule.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2000, 02/01/2003, 02/01/2007, 02/01/2008, 02/01/2012

4723-5-07 Continued compliance with the minimum standards. [Rescinded].

Rescinded eff 2-1-07

4723-5-08 Requirements for seeking conditional approval.

(A) In order to obtain conditional approval, a program applicant shall:

(1) Submit to the board a letter of intent that includes the following information and records:

(a) The type of program the applicant intends to establish;

(b) The location of the program and a detailed assessment of the need for a new nursing education program in the area;

(c) The name and credentials of the registered nurse who will serve as the program administrator, if known at the time the letter is submitted, as well as the program administrator's:

(i) Resume; and

(ii) Official transcripts verifying academic preparation that satisfies the requirements set forth in rule 4723-5-10 of the Administrative Code if the proposed program is a registered nursing education program or rule 4723-5-11 of the Administrative Code if the proposed program is a practical nursing education program;

(d) A list of potential sites for students to obtain clinical experience as required by rule 4723-5-13 of the Administrative Code for a registered nursing education program, and rule 4723-5-14 of the Administrative Code for a practical nursing education program.

(e) A certified copy of a document indicating that the applicant is approved, authorized, or has a certificate of registration issued by:

(i) The Ohio board of regents;

(ii) The Ohio department of education; or

(iii) The state board of career colleges and schools.

(2) If information about the program administrator is not available at the time of submission of the letter of intent, the applicant shall submit a subsequent letter at the time of appointment of an individual to serve as program administrator that includes the information required by paragraph (A)(1)(c) of this rule.

(3) In order to meet the requirements of paragraph (A)(1)(e) of this rule, an applicant may submit a copy of its application for a certificate of registration, filed with the state board of career colleges and schools if:

(a) The state board of career colleges and schools has not made a decision regarding the certificate of registration at the time the applicant submits a letter of intent to the board; and

(b) At least thirty days before the board considers the program for full approval status, as set forth in paragraph (A) of rule 4723-5-04 of the Administrative Code, the program submits a certified copy of certificate of registration from the state board of career colleges and schools demonstrating that the program has been approved by the state board of career colleges and schools.

(B) When the board receives the information set forth in paragraph (A) of this rule and has verified that the program administrator satisfies the requirements of this chapter, the board shall notify the program that the program administrator meets the requirements of paragraph (A)(1)(c) of this rule.

(C) A complete proposal submitted by the program administrator shall include the following:

(1) The defined target region from which the student population will be drawn;

(2) The planned strategy for establishing the proposed program within the defined target region that includes, but is not limited to, documentation with referenced data addressing the following:

(a) The shortage or surplus of existing registered nurses if the proposal is for a registered nursing education program;

(b) The shortage or surplus of existing licensed practical nurses if the proposal is for a practical nursing education program;

(c) Copies of letters of intent from proposed clinical education sites to the applicant, indicating that the site should be able to accommodate the applicant's students. The letters of intent submitted by the applicant to the board must demonstrate that the proposed program would be able to provide students clinical experiences that meet course objectives or outcomes, provide students the opportunity to practice skills with individuals or groups across the life span, and provide students clinical experience at sites concurrent with related theory instruction;

(3) The official name and address of the proposed program and the proposed program's controlling agency;

(4) The planned date for admission of the first class and a projected date of completion for the first graduate of the proposed program;

(5) The following information and documents:

(a) Organization and administration of the program as set forth in rule 4723-5-09 of the Administrative Code;

(b) Qualifications of administrators, faculty, teaching assistants and preceptors for a registered nursing education program as set forth in rule 4723-5-10 of the Administrative Code, or for a practical nursing education program as set forth in rule 4723-5-11 of the Administrative Code;

(c) Proposed policies as set forth in rule 4723-5-12 of the Administrative Code;

(d) Proposed curriculum for a registered nursing education program as set forth in rule 4723-5-13 of the Administrative Code, or for a practical nursing education program as set forth in rule 4723-5-14 of the Administrative Code;

(e) Proposed evaluation plan of the program as set forth in rule 4723-5-15 of the Administrative Code;

(f) The program contractual relationships as set forth in rule 4723-5-17 of the Administrative Code;

(g) Responsibilities of faculty teaching a nursing course as set forth in rule 4723-5-19 of the Administrative Code;

(h) Responsibilities of faculty, teaching assistants and preceptors in a clinical setting involving the delivery of care to an individual or group of individuals as set forth in rule 4723-5-20 of the Administrative Code;

(i) Program records retention plan as set forth in rule 4723-5-21 of the Administrative Code; and

(6) Other information requested by the board.

(D) After a representative of the board determines that a proposal is complete, the proposed program shall be subject to a survey visit in accordance with paragraph (A)(3) of rule 4723-5-06 of the Administrative Code. The board has discretion to conduct the initial survey either before the program is granted conditional approval, or after approval and within the first eight months of the program's operations as provided in paragraph (A)(3) of rule 4723-5-06 of the Administrative Code. A report of the survey visit shall be provided to the administrator of the program.

(E) If an applicant for a proposed program fails to communicate with the board for a period of one year following receipt of the letter of intent required by paragraph (A) of this rule, or following submission of the program proposal required by paragraph (C) of this rule, the board shall consider that the letter of intent or the program proposal has been withdrawn.

(F) At a regularly scheduled board meeting, the board shall review a summary of the proposal and review the survey visit report to consider the approval status of the program. At the board's request, the administrator of the program, who prepared the proposal, shall present the proposal to the board and may provide any additional information.

(G) If the board determines that the requirements of this chapter are met, and the proposal outlines a plan for maintaining the requirements, the program shall be granted conditional approval.

(H) If the board determines that the requirements of this chapter have not been met or maintained where applicable, the board shall propose to deny conditional approval in accordance with Chapter 119. of the Revised Code. The adjudication may result in the granting of conditional approval, granting of conditional approval based on compliance with the terms and conditions of a board order or consent agreement, or denial of conditional approval.

(I) A proposed program shall not accept students into the program until the board grants conditional approval to the program.

(J) When conditional approval is granted to a program, the program shall be implemented with the first class entering on the date originally identified by the proposed program. If circumstances alter the plan to admit students on the originally identified date, the program shall submit to the board a written request for an extension of the implementation date.

(K) During the period of conditional approval, the administrator of the program shall submit progress reports to the board as directed. The progress reports shall include at least the following information:

(1) A summary of the evaluations of each course implemented by the program faculty;

(2) A summary of the evaluations of each clinical experience in relation to the established clinical objectives;

(3) Verification of meeting and maintaining the requirements of this chapter;

(4) Any problem related to this chapter encountered during the implementation of the program, and measures used to resolve each problem;

(5) Any variation from the proposal occurring in the implementation process and the rationale for the variation;

(6) The number of students who have been admitted and are continuing in the program;

(7) Copies of executed contracts with cooperating entities for student clinical experience. The program shall include with each contract information indicating the name of the nursing education course to which the contract corresponds; and

(8) Other information requested by the board.

(L) A survey visit of a program with conditional approval may be conducted by a representative of the board when deemed necessary.

(M) Prior to completion of the program by the first class who entered the program after conditional approval was granted, a survey visit shall be conducted by a representative of the board in accordance with rule 4723-5-06 of the Administrative Code to determine whether the program is meeting and maintaining the requirements of this chapter.

(N) In accordance with rule 4723-5-04 of the Administrative Code, the approval status of a program with conditional approval shall be reconsidered by the board after completion of the program by the first class that entered the program immediately after conditional approval was granted.

(O) The provisions of this rule do not apply to a program that intends to expand to another location provided that the program in the new location is governed by the same controlling agency and has the same philosophy, conceptual framework or organizing theme, program objectives or outcomes, curriculum and admission, progression and completion policies as the program currently approved, and the program satisfies the following prior to accepting students in another location:

(1) Provides written notice to the board no later than ninety days prior to expanding to another location;

(2) Submits to the board the information and documentation required by paragraph (C)(2) of this rule to explain the need for the nursing program in the location for which an expansion is planned.

(P) The board may deny approval to a person who submits or causes to be submitted false, misleading or deceptive statements, information, or documentation to the board in the process of applying for approval of a new education program, pursuant to an adjudication conducted under Chapter 119. of the Revised Code.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1998, 02/01/2002, 02/01/2004, 02/01/2007, 02/01/2008, 02/01/2012, 02/01/2013

4723-5-09 Organization and administration of the program.

(A) The program shall have and implement a plan of organization and administration that clearly delineates:

(1) The relationship of the program to the controlling agency;

(2) The lines of authority, responsibility, and channels of communication within the program that provides for:

(a) Faculty and student involvement in determining academic and program policies and procedures, curriculum planning, and evaluation; and

(b) Faculty involvement in the implementation of academic and program policies and procedures.

(B) The program shall be administered by a registered nurse administrator who meets the qualifications set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program, or rule 4723-5-11 of the Administrative Code for a practical nursing education program. The program administrator shall have the authority, accountability, and responsibility for all aspects of the program including but not limited to:

(1) Providing input into the budget process;

(2) Maintaining communication with central administration and other units of the controlling agency, faculty, students, clinical agencies, and the board;

(3) Ensuring regular meetings of the faculty to facilitate communication and faculty participation in planning, implementing, and evaluating the curriculum;

(4) Implementing an orientation process for new faculty;

(5) Recommending faculty for appointment, promotion, tenure or retention, and termination;

(6) Facilitating faculty development, including enhancing educational competencies;

(7) Establishing the faculty or teaching assistant to student ratio for direct patient care experiences at no greater a ratio than ten students to one faculty or teaching assistant, or a smaller ratio in clinical settings where necessary to ensure the safe delivery of nursing care by students, faculty, and teaching assistants;

(8) Ensuring a written policy related to the evaluation of faculty, teaching assistants and preceptors is implemented;

(9) Certifying to the board, in a format prescribed by the board, for each student who is an applicant for licensure in Ohio that each applicant successfully completed the requirements of a program and the date the applicant completed the program requirements;

(10) Submitting to the board a corrective action plan any time the program administrator submits one or more erroneous certifications of program completion to the board;

(11) Verifying that each nurse teaching a course in the program holds a current, valid license; and

(12) Maintaining resources, including but not limited to classroom and skills laboratory equipment and supplies necessary for students to successfully complete the program.

(C) If a program has more than one location and all locations share the same philosophy, conceptual framework or organizing theme, program objectives or outcomes, curriculum and admission, progression and completion policies, the program shall be administered by a registered nurse administrator who meets the qualifications set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program, or rule 4723-5-11 of the Administrative Code for a practical nursing education program. The program administrator shall have the authority, accountability, and responsibility for all aspects of the entire program at all locations.

(1) If the program has more than one location, each location that is more than sixty miles from the program shall be administered by a registered nurse associate administrator who meets the qualifications set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program, or rule 4723-5-11 of the Administrative Code for a practical nursing education program. The associate administrator, acting at the direction of the program administrator, shall have the authority, accountability, and responsibility for the program at the given location.

(2) The board may require a program that is not otherwise subject to paragraph (C)(1) of this rule to designate an associate administrator for a program location based upon consideration of the following:

(a) Average student census at program locations;

(b) Total number of program locations;

(c) Geographic proximity of locations to one another; and

(d) Approval status of the program.

(3) The program shall develop and implement a plan of organization and administration that clearly delineates the lines of authority, accountability, and responsibility among all program locations and associate administrators.

(4) If a program or any of its locations fail to meet or maintain the requirements of this chapter, the approved program and all of its locations shall be subject to board review and possible board action.

(5) The program and all of its location must use the program's name on all signage, advertising and written materials.

(D) The controlling agency shall ensure continuity of the administrative responsibilities for the program as follows:

(1) If the program administrator vacates the position the controlling agency shall:

(a) Notify the board, in writing, no later than forty-five days following the date of the vacancy; and

(b) Within forty-five days of the date of vacancy, designate a registered nurse to replace the program administrator or serve as an interim program administrator.

(2) If the program administrator is absent for more than thirty consecutive business days, the controlling agency shall:

(a) Notify the board, in writing, of the absence, no later than forty-five days after the thirtieth consecutive business date of absence; and

(b) Within forty-five days, following the thirtieth consecutive business date of absence, designate a registered nurse to replace the program administrator or serve as an interim program administrator.

(3) For purposes of this rule an interim program administrator must be a registered nurse, who assumes the administrative responsibilities of the program administrator on a temporary basis, and meets all of the following requirements:

(a) Meets the requirements of an associate administrator as set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program, or rule 4723-5-11 of the Administrative Code for a practical nursing education program;

(b) Meets the requirements of rule 4723-5-11 of the Administrative Code for a practical nursing education program, except that, for a period not to exceed one year from the date the administrator vacates or was absent from the position, an individual with a bachelor of science in nursing degree may serve as an interim program administrator;

(c) Provide official transcripts verifying academic preparation that satisfies the requirements of rule 4723-5-10 of the Administrative Code for a registered nursing education program or rule 4723-5-11 of the Administrative Code for a practical nursing education program; and

(d) Have been a faculty member with the program for a minimum of one year.

(4) When the controlling agency appoints a new program administrator, the controlling agency shall notify the board, in writing, within forty-five days of the effective date of the appointment and provide the name and resume of the new program administrator. The controlling agency shall attest in its written notification to the board that the new program administrator:

(a) Meets the requirements for a program administrator set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program or rule 4723-5-11 of the Administrative Code for a practical nursing education program;

(b) Has provided the controlling agency official transcripts verifying academic preparation that satisfies the requirements of rule 4723-5-10 of the Administrative Code for a registered nursing education program, or rule 4723-5-11 of the Administrative Code for a practical nursing education program.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1999, 02/01/2000, 02/01/2002, 02/01/2007, 02/01/2008, 02/01/2011

4723-5-10 Qualifications of administrators, faculty, teaching assistants and preceptors for a registered nursing education program.

(A) The minimum qualifications and academic preparation for administrator, faculty, teaching assistant and preceptor appointments for a registered nursing education program are as follows:

(1) For administrator of a program:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least five years in the practice of nursing as a registered nurse, two of which have been as a faculty member in a registered nursing education program;

(c) A master's degree with a major in nursing;

(d) Current, valid licensure as a registered nurse in Ohio; and

(e) If the program is a baccalaureate or graduate program, an earned doctoral degree;

(2) For an associate administrator of a program:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least five years in the practice of nursing as a registered nurse, two of which have been as a faculty member in a registered nursing education program;

(c) A master's degree with a major in nursing; and

(d) Current, valid licensure as a registered nurse in Ohio;

(3) For faculty teaching a nursing course:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least two years in the practice of nursing as a registered nurse;

(c) A master's degree;

(i) If the individual does not possess a bachelor of science in nursing degree, the master's or other academic degree, including, but not limited to a Ph.D., shall be in nursing;

(ii) If the individual possesses a bachelor of science in nursing degree, the master's degree may be, but is not required to be, in nursing; and

(d) Current, valid licensure as a registered nurse in Ohio;

(4) For a teaching assistant as defined in paragraph (II) of rule 4723-5-01 of the Administrative Code:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least two years in the practice of nursing as a registered nurse;

(c) A baccalaureate degree in nursing or enrollment in a graduate level course in a program for registered nurses to obtain a master's or doctoral degree with a major in nursing; and

(d) Current, valid licensure as a registered nurse in Ohio;

(5) For a preceptor as defined in paragraph (X) of rule 4723-5-01 of the Administrative Code:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least two years in the practice of nursing as a registered nurse with demonstrated competence in the area of clinical practice in which the preceptor provides supervision to a nursing student;

(c) A baccalaureate degree in nursing is preferred; and

(d) Current, valid licensure as a registered nurse in the jurisdiction or foreign country where the supervision of a nursing student's clinical experience occurs.

(B) The requirements of this rule do not prohibit an individual appointed to a position prior to February 1, 2008 from continuing to serve in the position if the individual met the rule requirements for the position at the time of appointment.

(C) An individual who is a foreign educated nurse graduate, as defined in paragraph (D) of rule 4723-7-01 of the Administrative Code, shall be deemed to have met the academic preparation for an administrator, faculty, teaching assistant or preceptor for a registered nursing education program specified in paragraphs (A)(1)(a), (A)(2)(a), (A)(3)(a), (A)(4)(a), and (A)(5)(a) of this rule, if the individual has practiced nursing as a registered nurse in the state of Ohio, or in another jurisdiction of the national council of state boards of nursing, for at least two years.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1997, 02/01/2003, 02/01/2007, 02/01/2008, 02/01/2009, 02/01/2010

4723-5-11 Qualifications of administrators, faculty, teaching assistants and preceptors for a practical nursing education program.

(A) The minimum qualifications and academic preparation for administrator, faculty, teaching assistant and preceptor appointments for a practical nursing education program are as follows:

(1) For an administrator of a program:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) At least five years of experience in the practice of nursing as a registered nurse, two of which have been as a faculty member of a registered or practical nursing education program;

(c) A master's degree;

(i) If the individual does not possess a bachelor of science in nursing degree, the master's or other academic degree, including, but not limited to a Ph.D., shall be in nursing.

(ii) If the individual possesses a bachelor of science in nursing degree, the master's degree may be, but is not required to be, in nursing; and

(d) Current, valid licensure as a registered nurse in Ohio;

(2) For an associate administrator of a program:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) At least five years of experience in the practice of nursing as a registered nurse, including two years as a faculty member in a registered or practical nursing education program;

(c) A master's degree;

(i) If the individual does not possess a bachelor of science in nursing degree, the master's or other academic degree, including, but not limited to a Ph.D., shall be in nursing;

(ii) If the individual possesses a bachelor of science in nursing degree, the master's degree may be, but is not required to be, in nursing; and

(d) Current, valid licensure as a registered nurse in Ohio;

(3) For faculty teaching a nursing course:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least two years in the practice of nursing as a registered nurse;

(c) A baccalaureate degree in nursing; and

(d) Current, valid licensure as a registered nurse in Ohio;

(4) For a teaching assistant as defined in paragraph (II) of rule 4723-5-01 of the Administrative Code:

(a) Completion of an approved registered nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least two years in the practice of nursing as a registered nurse; and

(c) Current, valid licensure as a registered nurse in Ohio;

(5) For a preceptor as defined in paragraph (X) of rule 4723-5-01 of the Administrative Code:

(a) Completion of an approved registered or practical nursing education program in a jurisdiction as defined in paragraph (P) of rule 4723-5-01 of the Administrative Code;

(b) Experience for at least two years in the practice of nursing as a registered nurse or as a licensed practical nurse with demonstrated competence in the area of clinical practice in which the preceptor provides supervision to a nursing student;

(c) Current, valid licensure as a registered nurse or as a licensed practical nurse in the jurisdiction or foreign country where the supervision of a nursing student's clinical experience occurs.

(B) The requirements of this rule do not prohibit an individual appointed to a position prior to February 1, 2008 from continuing to serve in the position if the individual met the rule requirements for the position at the time of appointment.

(C) An individual who is a foreign educated nurse graduate, as defined in paragraph (D) of rule 4723-7-01 of the Administrative Code, shall be deemed to have met the academic preparation for an administrator, faculty, teaching assistant or preceptor for a practical nursing education program specified in paragraphs (A)(1)(a), (A)(2)(a), (A)(3)(a), (A)(4)(a), and (A)(5)(a) of this rule, if the individual has practiced nursing as a registered nurse in the state of Ohio, or in another jurisdiction of the national council of state boards of nursing, for at least two years.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2003, 02/01/2004, 02/01/2007, 02/01/2008, 02/01/2009, 02/01/2010

4723-5-12 Program policies.

(A) The administrator of the program and the faculty shall establish and implement written policies for the following:

(1) Student admission;

(2) Student readmission, including a requirement that the readmitted student meet the curriculum requirements effective at the time of readmission;

(3) The process for determining the amount of credit to be granted to an applicant for advanced standing in a program;

For individuals with experience in the armed forces of the United States, or in the national guard or in a reserve component, the program shall have a process in place to:

(a) Review the individual's military education and skills training;

(b) Determine whether any of the military education or skills training is substantially equivalent to the curriculum established in Chapter 4723-5 of the Administrative Code;

(c) Award credit to the individual for any substantially equivalent military education or skills training;

(4) Student progression, which shall include the following:

(a) The level of achievement a student must maintain in order to remain in the program or to progress from one level to another; and

(b) The requirements for satisfactory completion of each course required in the nursing curriculum;

(5) Requirements for completion of the program;

(6) Payment of fees, expenses, and refunds associated with the program;

(7) Procedures for student illness in the classroom and clinical settings;

(8) Availability of student guidance and counseling services;

(9) Process for students filing grievances and appeals;

(10) A description of faculty responsibilities related to the supervision of students in accordance with section 4723.32 of the Revised Code and rule 4723-5-20 of the Administrative Code;

(11) Periodic evaluation by the faculty of each nursing student's progress in each course and in the program; and

(12) Procedures for notifying students of changes in program policies.

(B) The program shall not implement changes to policies for student progression, or requirements for completion of the program, regarding students enrolled in the program at the time the changes are adopted.

(C) In addition to the policies required in paragraph (A) of this rule, the program administrator and faculty shall implement policies related to student conduct that incorporate the standards for safe nursing care set forth in Chapter 4723. of the Revised Code and the rules adopted under that chapter, including, but not limited to the following:

(1) A student shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the student for the patient, and the patient's response to that care.

(2) A student shall, in an accurate and timely manner, report to the appropriate practitioner errors in or deviations from the current valid order.

(3) A student shall not falsify any patient record or any other document prepared or utilized in the course of, or in conjunction with, nursing practice. This includes, but is not limited to, case management documents or reports, time records or reports, and other documents related to billing for nursing services.

(4) A student shall implement measures to promote a safe environment for each patient.

(5) A student shall delineate, establish, and maintain professional boundaries with each patient.

(6) At all times when a student is providing direct nursing care to a patient the student shall:

(a) Provide privacy during examination or treatment and in the care of personal or bodily needs; and

(b) Treat each patient with courtesy, respect, and with full recognition of dignity and individuality.

(7) A student shall practice within the appropriate scope of practice as set forth in division (B) of section 4723.01 and division (B)(20) of section 4723.28 of the Revised Code for a registered nurse, and division (F) of section 4723.01 and division (B)(21) of section 4723.28 of the Revised Code for a practical nurse;

(8) A student shall use universal and standard precautions established by Chapter 4723-20 of the Administrative Code;

(9) A student shall not:

(a) Engage in behavior that causes or may cause physical, verbal, mental, or emotional abuse to a patient;

(b) Engage in behavior toward a patient that may reasonably be interpreted as physical, verbal, mental, or emotional abuse.

(10) A student shall not misappropriate a patient's property or:

(a) Engage in behavior to seek or obtain personal gain at the patient's expense;

(b) Engage in behavior that may reasonably be interpreted as behavior to seek or obtain personal gain at the patient's expense;

(c) Engage in behavior that constitutes inappropriate involvement in the patient's personal relationships; or

(d) Engage in behavior that may reasonably be interpreted as inappropriate involvement in the patient's personal relationships.

For the purpose of this paragraph, the patient is always presumed incapable of giving free, full, or informed consent to the behaviors by the student set forth in this paragraph.

(11) A student shall not:

(a) Engage in sexual conduct with a patient;

(b) Engage in conduct in the course of practice that may reasonably be interpreted as sexual;

(c) Engage in any verbal behavior that is seductive or sexually demeaning to a patient;

(d) Engage in verbal behavior that may reasonably be interpreted as seductive, or sexually demeaning to a patient.

.

For the purpose of this paragraph, the patient is always presumed incapable of giving free, full, or informed consent to sexual activity with the student.

(12) A student shall not, regardless of whether the contact or verbal behavior is consensual, engage with a patient other than the spouse of the student 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.

(13) A student shall not self-administer or otherwise take into the body any dangerous drug, as defined in section 4729.01 of the Revised Code, in any way not in accordance with a legal, valid prescription issued for the student, or self-administer or otherwise take into the body any drug that is a schedule I controlled substance.

(14) A student shall not habitually or excessively use controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs ability to practice.

(15) A student shall not have impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of the use of drugs, alcohol, or other chemical substances .

(16) A student shall not have impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of a physical or mental disability .

(17) A student shall not assault or cause harm to a patient or deprive a patient of the means to summon assistance .

(18) A student shall not misappropriate or attempt to misappropriate money or anything of value by intentional misrepresentation or material deception in the course of practice .

(19) A student shall not have been adjudicated by a probate court of being mentally ill or mentally incompetent, unless restored to competency by the court.

(20) A student shall not aid and abet a person in that person's practice of nursing without a license, practice as a dialysis technician without a certificate issued by the board, or administration of medications as a medication aide without a certificate issued by the board.

(21) A student shall not prescribe any drug or device to perform or induce an abortion, or otherwise perform or induce an abortion .

(22) A student shall not assist suicide as defined in section 3795.01 of the Revised Code.

(23) A student shall not submit or cause to be submitted any false, misleading or deceptive statements, information, or document to the nursing program, its administrators, faculty, teaching assistants, preceptors, or to the board.

(24) A student shall maintain the confidentiality of patient information. The student shall communicate patient information with other members of the health care team for health care purposes only, shall access patient information only for purposes of patient care or for otherwise fulfilling the student's assigned clinical responsibilities, and shall not disseminate patient information for purposes other than patient care or for otherwise fulfilling the student's assigned clinical responsibilities through social media, texting, emailing or any other form of communication.

(25) To the maximum extent feasible, identifiable patient health care information shall not be disclosed by a student unless the patient has consented to the disclosure of identifiable patient health care information. A student shall report individually identifiable patient information without written consent in limited circumstances only and in accordance with an authorized law, rule, or other recognized legal authority.

(26) For purposes of paragraphs (C)(5), (C)(6), (C)(9), (C)(10), (C)(11) and (C)(12) of this rule, a student shall not use social media, texting, emailing, or other forms of communication with, or about a patient, for non-health care purposes or for purposes other than fulfilling the student's assigned clinical responsibilities.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1997, 02/01/2002, 02/01/2004, 02/01/2007, 02/01/2008, 02/01/2012

4723-5-13 Curriculum for a registered nursing education program.

(A) The registered nursing education program curriculum shall include content that validates the student's acquired knowledge, skills and behaviors that are necessary to safely and effectively engage in the practice of registered nursing, as defined in division (B) of section 4723.01 of the Revised Code.

(B) The curriculum shall be derived from a philosophy, conceptual framework, or organizing theme that is consistently evident throughout the curriculum.

(C) The curriculum objectives or outcomes, course objectives or outcomes, teaching strategies, and evaluation methods shall be:

(1) Developed and written by program faculty;

(2) Consistent with the law regulating the practice of nursing as a registered nurse;

(3) Implemented as written;

(4) Distributed to each nursing student.

(D) The program shall establish a curriculum plan that sets forth the sequence of courses, the laboratory and clinical experiences that are included in each course, and the units of credit or number of academic or clock hours allotted to theory, laboratory, and clinical experiences. Except as provided in paragraph (E) of this rule, the curriculum shall span a minimum length of two years of full-time study, with each year containing at least thirty weeks including examination time.

(E) A program may offer an advanced standing option, as defined in paragraph (B) of rule 4723-5-01 of the Administrative Code, provided that it complies with all of the following:

(1) The program curriculum requires not less than twelve months of clinical nursing coursework;

(2) The philosophy, conceptual framework, outcome objectives, and overall curriculum in the nursing major are substantively equivalent to that required for program completion for typical students graduating from the same program;

(3) The advanced standing option meets all other requirements set forth in this rule.

(F) The curriculum shall consist of course content in nursing art and science, the physical biological and technological sciences, and social and behavioral sciences. This content may be integrated, combined, or presented as separate courses as follows:

(1) Nursing art and science applied in a variety of settings to individuals or groups across the life span, that include but are not limited to:

(a) The nursing process;

(b) The application of nursing care concepts in addressing the physiological, psychological, cultural and spiritual needs of clients;

(c) Communication with clients, families and significant individuals;

(d) Documentation of nursing care within various health information systems;

(e) Information management as it pertains to health records, nursing science and evidence-based practice;

(f) Concepts of teaching and learning;

(g) The exercise of clinical judgment, using evidence-based practice, to integrate increasingly complex knowledge, skills, and technologies as they relate to the client;

(2) Safe and effective care environment:

(a) Manager of care role that includes:

(i) Delegation of nursing tasks in accordance with Chapter 4723-13 of the Administrative Code;

(ii) Legal, ethical, historical, and emerging issues in nursing that include but are not limited to the laws and rules regulating nursing practice in Ohio;

(iii) Collaboration with clients, families, other members of the health care team, and other individuals significant to the client;

(iv) Professionalism and acting as a mentor for other nurses;

(b) Safety and infection control;

(3) Health counseling and health teaching;

(4) Psychological integrity;

(5) Physiological integrity, including:

(a) Care and comfort;

(b) Pharmacological and parenteral therapies, including but not limited to safe medication administration that incorporates application of pharmacotherapeutics;

(c) Reduction of risk potential including but not limited to patient safety strategies;

(d) Physiological adaptation;

(6) Physical, biological, and technological sciences, including:

(a) Pharmacology;

(b) Human anatomy and physiology;

(c) Chemistry;

(d) Biology;

(e) Microbiology;

(f) Physics;

(g) Nutrition;

(h) Mathematics;

(i) Computer operations;

(7) Social and behavioral sciences that are necessary to understand the effect of a client's religious, spiritual, cultural, and growth and developmental experiences on the client's health, the client's attitude toward health maintenance, and to effectively communicate with the client;

(8) Clinical and laboratory experiences that:

(a) Meet the established course objectives or outcomes;

(b) Provide a nursing student with the opportunity to practice cognitive, psychomotor, and affective skills in the performance of a variety of nursing functions with individuals or groups across the life span;

(c) Provide a nursing student with the opportunity to practice technical skills including skills pertaining to intravenous therapy;

(d) Are provided concurrently with the related theory instruction.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1997, 04/01/1998, 02/01/2002, 02/01/2003, 02/01/2007, 02/01/2008

4723-5-14 Curriculum for a practical nursing education program.

(A) The practical nursing education program curriculum shall include content that validates the student's acquired knowledge, skills and behaviors that are necessary to safely and effectively engage in the practice of licensed practical nursing, as defined in division (F) of section 4723.01 of the Revised Code.

(B) The curriculum shall be derived from a philosophy, conceptual framework, or organizing theme that is consistently evident throughout the curriculum.

(C) The curriculum objectives or outcomes, course objectives or outcomes, teaching strategies, and evaluation methods shall be:

(1) Developed and written by program faculty;

(2) Consistent with the law regulating the practice of nursing as a licensed practical nurse;

(3) Implemented as written;

(4) Distributed to each nursing student.

(D) The program shall establish a curriculum plan that sets forth the sequence of courses, the laboratory and clinical experiences that are included in each course, and the units of credit or number of academic or clock hours allotted to theory, laboratory, and clinical experiences.

(E) The curriculum shall consist of content that spans a minimum length of thirty weeks of full-time study, including examination time, and shall include but not be limited to the following areas of study that may be integrated, combined, or presented as separate courses:

(1) Basic biological, physical, and technological sciences, human anatomy and physiology, chemistry, microbiology, nutrition, pharmacology, mathematics, and computer operations;

(2) Social and behavioral sciences that are necessary for a basic understanding of the effect of a client's religious, spiritual, cultural, and growth and developmental experiences on the client's health, the client's attitude toward health maintenance, and to effectively communicate with the client;

(3) Basic nursing art and science practiced in a variety of structured settings, with courses and clinical experiences sufficient to prepare the graduate to safely deliver nursing care to individuals and groups across the life span, that include but are not limited to:

(a) The nursing process:

(i) Collection and organization of relevant health care data;

(ii) Assisting in the identification of health needs and problems;

(iii) Contributing to the interdisciplinary health care team in addressing client physiological, psychological, cultural, and spiritual needs;

(b) The application of nursing care concepts in addressing the physiological, psychological, cultural and spiritual needs of clients;

(c) Communication with clients, families and significant individuals;

(d) Documentation of nursing care within various health information systems;

(e) Information management as it pertains to health records, nursing science, and evidence-based practice;

(f) Concepts of teaching and learning;

(4) Safe and effective care environment and coordinated care:

(a) Collaboration with clients, families, other members of the health care team, and other individuals significant to the client;

(b) Delegation of nursing tasks in accordance with Chapter 4723-13 of the Administrative Code;

(c) Demonstration of knowledge of legal, ethical, historical, and emerging issues in nursing that include but are not limited to the law and rules regulating nursing practice in Ohio;

(5) Safety and infection control;

(6) Health promotion and maintenance;

(7) Psychosocial integrity;

(8) Physiological integrity, including:

(a) Basic care and comfort;

(b) Pharmacological therapies, including but not limited to safe pharmacotherapeutics, and safe medication administration;

(9) Reduction of risk potential, including but not limited to patient safety strategies;

(10) Physiological adaptation;

(11) Application of principles of clinical judgment in the delivery of nursing care;

(12) Clinical and laboratory experiences that:

(a) Meet the established course objectives and outcomes;

(b) Provide a nursing student with the opportunity to practice cognitive, psychomotor, and affective skills in the performance of a variety of basic nursing functions with individuals or groups across the life span;

(c) Provide a nursing student with the opportunity to practice technical skills;

(d) Are provided concurrently with the related theory instruction;

(13) Professionalism and acting as a mentor for other nurses.

(F) In addition to the content set forth in paragraph (E) of this rule, all practical nursing education programs shall include a course or content in intravenous therapy. A course or content in intravenous therapy to be included in a practical nursing education program shall have, at a minimum, didactic, laboratory, and supervised clinical practice that covers the following:

(1) The law and rules related to the role, accountability, and responsibility of the licensed practical nurse in intravenous therapy;

(2) Policies and procedures related to intravenous therapy and affiliating clinical agencies;

(3) Sciences related to intravenous therapy, including, but not limited to anatomy, physiology, microbiology and standard precautions, principles of physics, pharmacology, and pharmacology mathematics;

(4) Nursing care of individuals receiving intravenous therapy, including but not limited to, procedures for:

(a) Venipuncture;

(b) Adding intravenous solutions to existing infusions;

(c) Additive administration and intravenous line maintenance in accordance with section 4723.17 of the Revised Code;

(d) Hanging and regulating the flow of intravenous solutions;

(e) Changing intravenous tubing;

(f) Performing intravenous dressing changes;

(g) Flushing and converting peripheral intermittent infusion devices and heplocks;

(h) Guidelines for preventing, identifying, and managing complications;

(i) Related psychosocial preparation and care;

(5) Documentation related to intravenous care;

(6) Any other training or instruction the board considers appropriate;

(7) A testing component through which a student is able to demonstrate competency related to intravenous therapy;

(8) A means to verify that a student has successfully completed the course in intravenous therapy as set forth in this rule.

(G) A practical nursing education program that is offered to students at the secondary or high school level may be commenced no earlier than the beginning of a student's junior year.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1997, 04/01/1998, 04/01/1999, 02/01/2002, 02/01/2004, 02/01/2007, 02/01/2008

4723-5-15 Evaluation plan of the program.

A written systematic plan of evaluation shall be established by the administrator of a program and shall include data collected from faculty, teaching assistants, preceptors , nursing students, graduates, and employers of graduates and shall:

(A) Specify the responsibility, time frame, and procedure for evaluating each aspect of the program, including:

(1) Program organization and administration as set forth in rule 4723-5-09 of the Administrative Code;

(2) Qualifications of administrators, faculty, teaching assistants and preceptors as set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program, or rule 4723-5-11 of the Administrative Code for a practical nursing education program;

(3) Program policies as set forth in rule 4723-5-12 of the Administrative Code;

(4) Curriculum as set forth in rule 4723-5-13 of the Administrative Code for a registered nursing education program, or rule 4723-5-14 of the Administrative Code for a practical nursing education program;

(5) Evaluation plan of the program as set forth in this rule;

(6) Program contractual relationships as set forth in rule 4723-5-17 of the Administrative Code;

(7) Responsibilities of faculty teaching a nursing course as set forth in rule 4723-5-19 of the Administrative Code;

(8) Responsibilities of faculty and instructional personnel in a clinical setting involving the delivery of nursing care to an individual or group of individuals as set forth in rule 4723-5-20 of the Administrative Code;

(9) Retention of program records as set forth in rule 4723-5-21 of the Administrative Code;

(10) Licensure examination results as set forth in rule 4723-5-23 of the Administrative Code; and

(11) Follow-up of graduates, which shall include but not be limited to:

(a) Statistics on the number of first-time candidates passing the licensure examination during each calendar year; and

(b) Employment patterns of graduates;

(B) The results of the evaluation of each aspect of the program as set forth in paragraph (A) of this rule shall be summarized and documented; and

(C) Documentation shall demonstrate that the results of the evaluation of each aspect of the program as set forth in paragraph (A) of this rule have been used to plan and implement changes in the program.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1997, 04/01/1999, 02/01/2000, 02/01/2002, 02/01/2007

4723-5-16 Board approval of a curriculum revision.

(A) Board approval shall be required prior to implementation of a curriculum revision that results from a change in a program's philosophy, conceptual framework, or organizing theme.

(B) The administrator of a program shall submit to the board a written plan for a proposed curriculum revision as set forth in paragraph (A) of this rule at least ten weeks preceding the scheduled board meeting at which the proposed revision is expected to be reviewed by the board. The plan for a curriculum revision based on a proposed change in a program's philosophy, conceptual framework, or organizing theme shall include at least the following:

(1) The rationale for the proposed curriculum revision;

(2) The revised philosophy, conceptual framework, or organizing theme, or program objectives or outcomes that result in a curriculum change;

(3) The proposed total curriculum plan;

(4) The course syllabus or outline for each nursing course that includes at least: the title of the course, the number of theory hours, the number of clinical and laboratory hours, the course description, the course objectives or outcomes, the teaching strategies, the methods of evaluation, and a topical course outline; and

(5) The plan for implementation of the proposed curriculum revision, including the impact of the curriculum revision on currently enrolled nursing students.

(C) If the plan for the proposed curriculum revision meets the requirements set forth in rule 4723-5-13 of the Administrative Code for a registered nursing education program, or rule 4723-5-14 of the Administrative Code for a practical nursing education program, and satisfactorily provides all information listed in paragraph (B) of this rule, the board shall approve the proposed curriculum revision. If the plan for the proposed curriculum revision does not meet the requirements set forth in rule 4723-5-13 of the Administrative Code for a registered nursing education program, or rule 4723-5-14 of the Administrative Code for a practical nursing education program, or does not satisfactorily provide the information listed in paragraph (B) of this rule, the board shall provide written notice to the administrator of the program regarding the requirement not met or the information not satisfactorily provided.

(D) Additions, deletions, or revisions to a curriculum other than those set forth in paragraph (A) of this rule shall be reported to the board in the annual report required by rule 4723-5-05 of the Administrative Code.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2002, 02/01/2007, 02/01/2008

4723-5-17 Program contractual relationships.

(A) When a program has any type of cooperative relationship with another entity or a separate division within the same entity including, but not limited to, clinical agencies, a written agreement with the cooperating entity shall:

(1) Exist and be current;

(2) Be entered into and signed by representatives of both the program and the entity or division with which is has entered into a cooperative relationship; and

(3) Be on file at the program office.

(B) When a program is using preceptors, the contract shall expressly set forth the expectations the preceptors are to fulfill.

(C) A program proposing to utilize a facility for clinical experience in another jurisdiction or foreign country shall:

(1) Contact the board of nursing or other entity regulating nursing in that jurisdiction or foreign country and document compliance with any and all requirements of that board or entity; and

(2) Indicate on the annual report to the board that the faculty member, teaching assistant or preceptor who is supervising the student clinical experience in that jurisdiction or foreign country is in compliance with licensure requirements in the jurisdiction or foreign country where the clinical experience is occurring.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2002, 02/01/2004, 02/01/2007, 02/01/2008

4723-5-18 Supervision of a nursing student. [Rescinded].

Rescinded eff 2-1-07

4723-5-19 Responsibilities of faculty teaching a nursing course.

Faculty teaching a nursing course shall:

(A) Provide a syllabus or outline to each nursing student that includes at least:

(1) The title of the course;

(2) The number of theory hours, if applicable;

(3) The number of laboratory hours, if applicable;

(4) The number of clinical hours, if applicable;

(5) The course description;

(6) The course objectives or outcomes;

(7) The teaching strategies, including the job title, credentials or other information describing the background of an individual providing course content, whose qualifications are directly related to the course;

(8) The methods of evaluation;

(9) The name of the faculty who will be teaching the course;

(10) The name of teaching assistants that will teach the course, or provide instruction in laboratory or clinical settings, as directed by faculty; and

(11) The required textbooks and other bibliography of learning resources;

(B) Design and implement teaching strategies that will assist a nursing student to meet the course objectives or outcomes;

(C) Direct and supervise the activities of a teaching assistant, if utilized; and

(D) Evaluate each nursing student's achievement and progress with input from the teaching assistant or preceptor, if utilized.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2007

4723-5-20 Responsibilities of faculty, teaching assistants and preceptors in a clinical setting.

(A) A faculty member of a nursing education program is responsible for planning the student's clinical experience and for evaluating the student's performance. Clinical nursing experiences are assigned by faculty based on course objectives and student learning needs. Faculty, teaching assistants or preceptors shall supervise student practice by providing guidance, direction, and support appropriate to the clinical situation.

(B) Supervision of a nursing student shall be provided for each clinical experience involving the delivery of nursing care to an individual or group of individuals. This supervision shall be provided only by a faculty member, teaching assistant, or preceptor who meets the qualifications set forth in rule 4723-5-10 of the Administrative Code for a registered nursing education program, or rule 4723-5-11 of the Administrative Code for a practical nursing education program.

(C) All experiences for a nursing student in a clinical setting involving the delivery of nursing care to an individual or group of individuals shall be performed under the direction of a faculty member who functions only as a faculty member during the nursing student's clinical experience. The faculty member providing direction shall:

(1) Establish clinical objectives or outcomes within the framework of the course in which the student is enrolled;

(2) Communicate clinical objectives or outcomes to:

(a) The student;

(b) The teaching assistant and preceptor, if utilized; and

(c) The staff at the clinical site;

(3) Provide for orientation of each student to the clinical site, including introduction to staff;

(4) Make assignments, in conjunction with the teaching assistant or preceptor, if utilized, for the student's experience, consistent with the specific objectives or outcomes of the course in which the student is enrolled;

(5) Provide for supervision of each student in accordance with this chapter; and

(6) Evaluate the student's experience, achievement, and progress in relation to the clinical objectives or outcomes, with input from the teaching assistant or preceptor, if utilized.

(D) The faculty member may assign an observational experience as appropriate to meet course objectives.

(E) The faculty or teaching assistant to student ratio for direct patient care experiences shall be no greater a ratio than ten students to one faculty or teaching assistant, or a smaller ratio in clinical settings where necessary to ensure the safe delivery of nursing care.

(F) The teaching assistant or preceptor providing supervision of a nursing student shall at least:

(1) Have competence in the area of clinical practice in which the teaching assistant or preceptor is providing supervision to a student;

(2) Design, at the direction of a faculty member, the student's clinical experience to achieve the stated objectives or outcomes of the nursing course in which the student is enrolled;

(3) Clarify with the faculty member:

(a) The role of the teaching assistant or preceptor;

(b) The responsibilities of the faculty member;

(c) The course and clinical objectives or outcomes;

(d) The clinical experience evaluation tool; and

(4) Contribute to the evaluation of the student's performance by providing information to the faculty member and the student regarding the student's achievement of established objectives or outcomes.

(G) A preceptor shall provide supervision to no more than two nursing students at any one time, provided the circumstances are such that the preceptor can adequately supervise the practice of both students.

Effective: 02/01/2012
R.C. 119.032 review dates: 10/13/2011 and 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2002, 02/01/2007

4723-5-21 Program records.

The administrator of the program shall maintain records including the following::

(A) Records for currently enrolled nursing students that include:

(1) Admission or transfer records;

(2) Transcripts; and

(3) Clinical experience evaluation records;

(B) Records for all graduates of the program that shall include complete transcripts indicating the credential granted and the date of completion of the program;

(C) Records for the program that shall include the minutes of all scheduled faculty meetings;

(D) Records for each faculty and teaching assistant currently being utilized in the program that include:

(1) Documentation of academic credentials, including copies of official academic transcripts;

(2) A record that includes the time periods, by month and year of employment in clinical practice, and in teaching, and the names and locations of all employers in the field of nursing and nursing education; and

(3) Verification of current, valid licensure as a registered nurse in Ohio at the time of appointment, and at each licensure renewal.

(E) Records for preceptors that include:

(1) Verification of current, valid licensure as a registered nurse, or, for a practical nursing education program, as a licensed practical nurse, in the jurisdiction or foreign country where the supervision of a nursing student's clinical experience occurs; and

(2) A record that includes the names and locations of employers in the field of nursing, and time periods, by month and year, demonstrating at least two years of nursing practice, and competency in the area of clinical practice in which the preceptor provides supervision to a nursing student.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2007, 02/01/2008, 02/01/2012

4723-5-22 Nursing student exemption from licensure. [Rescinded].

Rescinded eff 2-1-07

4723-5-23 Program NCLEX rates.

(A) Only a program with full, conditional, or provisional approval shall issue program completion letters to the board for its students.

(B) If a program has a pass rate on the licensure examination that is less than ninety-five per cent of the national average for first-time candidates in a calendar year the following shall apply:

(1) After the first year, the program shall establish a plan indicating action steps to improve the NCLEX scores of its graduates, and submit the plan with the annual report;

(2) After two consecutive years, the program shall prepare a report that evaluates the plan of action established after the first year of low NCLEX scores, identify additional steps, and submit the plan with the annual report; and

(3) After three consecutive years, a representative of the board shall conduct a survey visit and the board may take action on the approval status of the program.

(4) After four consecutive years, a representative of the board may conduct a survey visit and the board shall place the program on provisional approval, or, if the program is on conditional approval status, propose to withdraw conditional approval and deny full approval status according to the procedures contained in Chapter 119. of the Revised Code.

(C) For the board to consider restoring a program to full approval status after a program is placed on provisional status due to low NCLEX scores, a program shall attain a pass rate that meets or exceeds ninety-five per cent of the national average for first-time candidates for at least two consecutive years.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/13/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1999, 02/01/2000, 02/01/2003, 02/01/2007, 02/01/2008

4723-5-24 Closure of a program.

(A) The administrator of the program shall complete the closure process set forth in this rule when the program will:

(1) No longer be admitting nursing students; or

(2) Be changing to a different type of program whose graduates will continue to take the same licensure examination.

(B) When the decision to close a program has been made, the administrator of the program shall inform the board in writing of the decision, the tentative date of closing, and the plan for the closure of the program, which shall be accomplished either by:

(1) The transfer of nursing students to another approved program; or

(2) The discontinuation of further student admissions into the program with the official closing on the date the last student completes the program.

(C) Each of the minimum requirements set forth in this chapter shall be met and maintained until the last nursing student is transferred or completes the program.

(D) The administrator of the program shall:

(1) Submit in writing to the board the final date of closure after the last nursing student has completed the program requirements and is eligible to receive a diploma, certificate or degree, or has been transferred to another program, or the student's enrollment has otherwise been terminated;

(2) Submit in writing to the board the location of the program's records and the name and address of the custodian of the records; and

(3) Affix a label to the records indicating that if the records are relocated, or the custodian of the records changes, the board shall be notified in writing.

(E) When the program closes, the controlling agency shall be responsible for providing for the safekeeping of the program records. If any change from the original location of program records is necessitated, the controlling agency shall notify the board in writing of any change of location.

R.C. 119.032 review dates: 10/13/2011 and 10/13/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 02/01/2007

4723-5-25 Submission of false, misleading or deceptive information or documents.

A program, or an applicant seeking approval to operate a program under this chapter shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information or documentation to the board or any representative of the board. Violation of this requirement shall be considered a failure to meet the requirements of this chapter in considering approval status.

R.C. 119.032 review dates: 10/13/2011 and 10/13/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06(A)(5)
Prior Effective Dates: 10/01/2010