(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 in passing an examination required by a community health
worker training program, or committed fraud, misrepresentation, or deception in
applying for a community health worker certificate: deny, revoke, suspend, or
place restrictions on a certificate 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 community health worker certificate: deny, revoke, suspend, or
place restrictions on a community health worker certificate, or reprimand or
otherwise discipline a holder of a community health worker 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, in Ohio or another state or jurisdiction,
including but not limited to nursing, practice as a dialysis technician, nurse
aide, community health care worker or medication aide, for any reason other
than a failure to renew;
(2) Performing a nursing
task as a certified community health worker having failed to renew a community
health worker certificate issued under Chapter 4723. of the Revised Code, or
while a community health worker 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, of a misdemeanor committed in the course of performing care as
a certified community health worker;
(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) Selling, giving away,
or administering drugs or therapeutic devices for other than legal and
legitimate therapeutic purposes; or 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 a 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 care established in rule 4723-26-10 of the
Administrative Code;
(10) Impairment of the
ability to comply with standards of safe care established in rule 4723-26-10 of
the Administrative Code because of the use of drugs, alcohol or other chemical
substances;
(11) Impairment of the
ability to comply with standards of safe care established in rule 4723-26-10 of
the Administrative Code because of a physical or mental
disability;
(12) Assaulting or
causing harm to a patient or depriving a patient of the means to summon
assistance;
(13) Misappropriation or
attempted misappropriation of money or anything of value in the course of
performing care as a certified community health worker;
(14) Adjudication by a
probate court of being mentally ill or mentally incompetent. The board may
restore the person's community health worker 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
his chapter;
(16) Violation of Chapter
4723. of the Revised Code or any rules adopted under it;
(17) Violation of any
restrictions placed on a community health worker certificate by the
board;
(18) Failure to use
universal and standard precautions including those set forth in Chapter 4723-20
of the Administrative Code;
(19) Engaging in
activities that exceed those permitted under sections 4723.81 to 4723.88 of the
Revised Code or this chapter;
(20) Failure by a
certified community health worker to conform to the standards of safe care
established in rule 4723-26-10 of the Administrative Code;
(21) Aiding and abetting
a person in that person's practice of nursing without a license, or
practice as a dialysis technician or certified medication aide without a
certificate issued under this chapter;
(22) Regardless of
whether the contact or verbal behavior is consensual, engaging with a patient
other than the spouse of the certified community health worker 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;
or
(23) Assisting suicide as
defined in section 3795.01 of the Revised Code.
(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 a 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 certified community health worker 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 community health
worker committed the act upon which the action was based.
(2) If the board
determines on the basis of the adjudication that the certified community health
worker committed the act, or if the certified community health worker fails to
participate in the adjudication, the board may take action as though the
certified community health worker 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
community health worker 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 community
health worker 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 community health worker committed such act, or if the certified
community health worker does not request an adjudication, the board shall
reinstate its action.
(b) If the board determines that the certified community health
worker 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 4723.81 to 4723.88 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 community health worker, or applicant under
section 4723.84 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 that may affect the
individual's ability perform delegated nursing tasks. 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 community health worker certificate.
(1) The individual shall
be afforded an opportunity to demonstrate to the board that the individual can
begin or resume the performance of delegated nursing tasks in accordance with
standards established under rule 4723-26-10 of the Administrative
Code.
(2) For purposes of this
paragraph, any certified community health worker 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 community health workers or applicants under
sections 4723.81 to 4723.88 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 hear under sections 4723.81 to 4723.88 of the
Revised Code and this chapter.
(L) When the board refuses to grant a
community health worker 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 community health worker 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
community health worker certificate issued under Chapter 4723. of the Revised
Code shall be effective unless accepted by majority vote of the board. No
application for a community health worker 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.
