(A) The board of nursing, by the vote of
a quorum, may impose one or more of the following sanctions if it finds that a
person committed fraud, misrepresentation, or deception in applying for a doula
certificate: deny, revoke, suspend, or place restrictions on a certficate
issued by the board; reprimand or otherwise discipline a certificate holder; or
impose a fine of not more than five hundred dollars per violation.
(B) By the vote of a quorum, the board
may impose one or more of the following sanctions on an individual who applies
for or holds a doula certificate: deny, revoke, suspend, or place restrictions
on a doula certificate, or reprimand or otherwise discipline a holder of a
doula certificate. The sanctions may be imposed for any of the
following:
(1) Denial, revocation,
suspension, or restriction of authority to engage in a licensed profession or
practice a health care occupation, or to practice as a doula, in Ohio or
another state or jurisdiction, including but not limited to nursing, practice
as a dialysis technician, nurse aide, community health care worker, medication
aide, or doula, for any reason other than a failure to renew;
(2) Using or assuming the
title "certified doula" having failed to renew a doula certificate
issued under Chapter 4723. of the Revised Code, or while a doula certificate is
under suspension or inactive;
(3) Conviction of, a plea
of guilty to, a judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of eligibility
for a pretrial diversion or similar program or for intervention in lieu of
conviction for a misdemeanor committed in the course of practice as a
doula;
(4) Conviction of, a plea
of guilty to, a judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of eligibility
for a pretrial diversion or similar program or for intervention in lieu of
conviction for any felony or any crime involving gross immorality or moral
turpitude;
(5) Conviction of, a plea
of guilty to, a judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of eligibility
for a pretrial diversion or similar program or for intervention in lieu of
conviction for violating any municipal, state, county, or federal drug
law;
(6) Conviction of, a plea
of guilty to, a judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of eligibility
for a pretrial diversion or similar program or for intervention in lieu of
conviction for an act in another jurisdiction that would constitute a felony or
crime of moral turpitude in Ohio;
(7) Conviction of, a plea
of guilty to, a judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of eligibility
for a pretrial diversion or similar program or for intervention in lieu of
conviction for an act in the course of practice in another jurisdiction that
would constitute a misdemeanor in Ohio;
(8) Self-administering or
otherwise taking 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 that individual, or self-administering or otherwise
taking into the body any drug that is a schedule I controlled
substance;
(9) Habitual or excessive
use of controlled substances, other habit-forming drugs, or alcohol or other
chemical substances to an extent that impairs the individual's ability to
comply with the standards of safe practice established in rule 4723-24-06 of
the Administrative Code;
(10) Impairment of the
ability to comply with standards of practice established in rule 4723-24-06 of
the Administrative Code because of the use of drugs, alcohol, or other chemical
substances;
(11) Impairment, as
defined in rule 4723-3-02 of the Administrative Code, of the ability to comply
with standards of practice established in rule 4723-24-06 of the Administrative
Code because of a physical or mental disability;
(12) Assaulting or
causing harm to a client or depriving a client of their autonomy;
(13) Misappropriation or
attempted misappropriation of money or anything of value in the course of
practice as a doula;
(14) Adjudication by a
probate court of being mentally ill or mentally incompetent. The board may
restore the person's doula certificate upon adjudication by a probate
court of the person's restoration to competency or upon submission to the
board of other proof of competency;
(15) The suspension or
termination of employment by the department of defense or the veterans
administration of the United States for any act that violates or would violate
this chapter;
(16) Violation of Chapter
4723. of the Revised Code or any rules adopted under it;
(17) Violation of any
restrictions placed on a doula certificate by the board;
(18) Failure to use
standard and universal precautions including those set forth in Chapter 4723-20
of the Administrative Code, as applicable to the doula's
practice;
(19) Engaging in
activities that exceed those permitted under section 4723.89 of the Revised
Code or this chapter;
(20) Failure by a
certified doula to conform to the standards of practice established in rule
4723-24-06 of the Administrative Code;
(21) Regardless of
whether the contact or verbal behavior is consensual, engaging with a client
other than the spouse or partner of the doula in any of the
following:
(a) Sexual contact, as defined in section 2907.01 of the
Revised Code; or
(b) Verbal behavior that is sexually demeaning to the
client or may be reasonably interpreted by the client as sexually
demeaning.
(C) The hearings of the board shall be
conducted in accordance with Chapter 119. of the Revised Code and Chapter
4723-16 of the Administrative Code. The board may appoint a hearing examiner,
as provided in section 119.09 of the Revised Code, to conduct any hearing the
board is authorized to hold under Chapter 119. of the Revised
Code.
(D) In any instance in which the board is
required under Chapter 119. of the Revised Code to give notice of an
opportunity for a hearing and the applicant or certificate holder does not make
a timely request for a hearing in accordance with section 119.07 of the Revised
Code:
(1) The board is not
required to hold a hearing but may adopt, by vote of quorum, a final order that
contains the board's findings; and
(2) In the final order,
the board may order any of the sanctions listed in paragraph (A) or (B) of this
rule.
(E) If a criminal action is brought
against a doula for an act or crime described in paragraphs (B)(3) to (B)(7) of
this rule and the action is dismissed by the trial court other than on the
merits:
(1) The board shall
conduct an adjudication to determine whether the certified doula committed the
act upon which the action was based.
(2) If the board
determines on the basis of the adjudication that the certified doula committed
the act, or if the certified doula fails to participate in the adjudication,
the board may take action as though the certified doula had been convicted of
the act.
(F) If the board takes action on the
basis of a conviction, plea, or a judicial finding as described in paragraphs
(B)(3) to (B)(7) of this rule that is overturned on appeal, the certified doula
may, on exhaustion of the appeal process, petition the board for
reconsideration of its action.
(1) On receipt of the
petition and supporting court documents, the board shall temporarily rescind
its action.
(2) If the board
determines that the decision on appeal was a decision on the merits, it shall
permanently rescind its action.
(3) If the board
determines that the decision on appeal was not a decision on the merits, it
shall conduct an adjudication to determine whether the certified doula
committed the act on which the original conviction, plea, or judicial finding
was based.
(a) If the board determines on the basis of the
adjudication that the certified doula committed such act, or if the certified
doula does not request an adjudication, the board shall reinstate its
action.
(b) If the board determines that the certified doula did
not commit such act, the board shall permanently rescind its
action.
(G) The board may investigate an
individual's criminal background in performing its duties under this rule
and sections 4723.89 to 4723.90 of the Revised Code. As part of such
investigation, the board may order the individual to submit, at the
individual's expense, a request to the bureau of criminal identification
and investigation for a criminal records check and check of federal bureau of
investigation records in accordance with the procedure described in section
4723.091 of the Revised Code.
(H) During the course of an investigation
the board may compel any certified doula, or applicant under section 4723.89 of
the Revised Code, to submit to a mental or physical examination, or both, as
required by the board and at the expense of the individual, if the board finds
reason to believe that the individual under investigation may have a physical
or mental impairment, as defined in rule 4723-3-02 of the Administrative Code,
that may affect the individual's ability to perform doula services.
Failure of any individual to submit to a mental or physical examination when
directed constitutes an admission of the allegations, unless the failure is due
to circumstances beyond the individual's control, and a default and final
order may be entered without the taking of testimony or presentation of
evidence.
(I) If the board finds that an individual
is impaired in accordance with paragraph (H) of this rule, the board shall
require the individual to submit to care, counseling, or treatment approved or
designated by the board, as a condition for an initial, continued, reinstated,
or renewed certified doula certificate.
(1) The individual shall
be afforded an opportunity to demonstrate to the board that the individual can
begin or resume the performance of practice as a doula in accordance with
standards established under rule 4723-24-06 of the Administrative
Code.
(2) For purposes of this
paragraph, any certified doula or applicant under this rule shall be deemed to
have given consent to submit to a mental or physical examination when directed
to do so in writing by the board and to have waived all objections to the
admissibility of testimony or examination reports that constitute a privileged
communication.
(J) The provisions of division (I) of
section 4723.28 of the Revised Code apply to information, investigations and
adjudications involving certified doulas or applicants under sections 4723.89
to 4723.90 of the Revised Code and this chapter.
(K) The provisions of section 4723.29 of
the Revised Code apply with respect to any matter that the board has authority
to investigate, inquire into, or hereunder sections 4723.89 to 4723.90 of the
Revised Code and this chapter.
(L) When the board refuses to grant a
doula certificate to an applicant, revokes a certificate, or refuses to
reinstate a certificate, the board may specify that its action is permanent. An
individual subject to permanent action taken by the board is forever ineligible
to hold a doula certificate and the board shall not accept from the individual
an application for reinstatement of the certificate or for a new
certificate.
(M) No unilateral surrender of a doula
certificate issued under Chapter 4723. of the Revised Code shall be effective
unless accepted by majority vote of the board. No application for a doula
certificate issued under Chapter 4723. of the Revised Code may be withdrawn
without a majority vote of the board. The board's jurisdiction to take
disciplinary action is not removed or limited when an individual has a
certificate classified as inactive or fails to renew a
certificate.
