Ohio Revised Code Search

...or registration renewal under section 4719.03 of the Revised Code through any false or fraudulent representation or make any material misrepresentation in any registration or registration renewal application; (B) Fail to maintain a valid certificate of registration or registration renewal; (C) Advertise that one is registered as a telephone solicitor or represent that registration as a telephone solicitor constitut...

...iolation of any provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under any provision of those sections, the attorney general may investigate the alleged violation. (B) For purposes of an investigation under division (A) of this section, the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of any book, document, record, or other relev...

...es not include any of the following: (1) An industrialized unit as described in section 3781.06 of the Revised Code; (2) A manufactured home as described in section 3781.06 of the Revised Code; (3) A mobile home as described in section 4501.01 of the Revised Code. (G) "Workmanlike manner" means the home construction service supplier has engaged in construction that meets or exceeds the minimum quantifiable st...

...lier shall do any of the following: (1) Prior to commencing work related to the home construction service, fail to enter into a written contract that complies with this chapter; (2) After entering into a contract with an owner and prior to commencing any work that is related to an excess cost, fail to provide an estimate of the excess costs as this chapter requires; (3) After entering into a contract with an...

...atter. (F) The attorney general may: (1) During an investigation under this section, afford, in a manner considered appropriate to the attorney general, a supplier an opportunity to cease and desist from any suspected violation. The attorney general may suspend the investigation during the time period that the attorney general permits the supplier to cease and desist; however, the suspension of the investigati...

...eral may bring any of the following: (1) An action to obtain a declaratory judgment that the act or practice violates this chapter; (2)(a) An action, with notice as required by Civil Rule 65, to obtain a temporary restraining order, preliminary injunction, or permanent injunction to restrain the act or practice. If the attorney general shows by a preponderance of the evidence that the supplier has violated or...

...d, if either of the following apply: (1) The owner complaining of the act or practice that violated this chapter has brought or maintained an action that is groundless, and the owner filed or maintained the action in bad faith; (2) The home construction service supplier has knowingly committed an act or practice that violates this chapter. (E) As used in this section, "actual economic damages" means damages ...

... performed pursuant to this chapter: (1) The board of nursing; (2) A current or former board member; (3) An agent, representative, or employee of the board; (4) An entity that provides services related to remediation under the board's practice intervention and improvement program; (5) The monitoring organization that conducts the safe haven program as described in sections 4723.35 and 4723.351 of the Revise...

...In accordance with Chapter 119. of the Revised Code, the board of nursing shall adopt and may amend and rescind rules that establish all of the following: (A) Provisions for the board's government and control of its actions and business affairs; (B) Subject to section 4723.072 of the Revised Code, minimum standards for nursing education programs that prepare graduates to be licensed under this chapter and procedu...

...not to exceed the following limits: (1) For application for licensure by examination or endorsement to practice nursing as a registered nurse or as a licensed practical nurse submitted under division (A) or (B) of section 4723.09 of the Revised Code, seventy-five dollars; (2) For application for licensure to practice nursing as an advanced practice registered nurse submitted under division (A) or (B)(2) of sect...

...e of a certificate under section 4723.651, 4723.75, 4723.85, or 4723.89 of the Revised Code; reactivation of a license, under division (D) of section 4723.24 of the Revised Code, that has been inactive for at least five years; or reinstatement of a license, under division (D) of section 4723.24 of the Revised Code, that has lapsed for at least five years shall submit a request to the bureau of criminal identification...

...Nothing in sections 4723.11 to 4723.114 of the Revised Code shall be construed to limit, alter, or modify the following: (A) Any of the terms, conditions, or provisions of a collective bargaining agreement entered into by a hospital; (B) The authority of the board of nursing to determine any of the following: (1) Whether an applicant seeking a traditional license to practice as a registered nurse or as a licens...

...on formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under former Chapter 1705. of the Revised Code as that chapter existed prior to February 11, 2022, or Chapter 1706. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. This division does not preclude an individual of that nature from rendering profession...

...program and, in accordance with Chapter 119. of the Revised Code, adopt rules for the program that establish the following: (1) Criteria for use in identifying an individual's practice deficiency; (2) Requirements that an individual must meet to be eligible for remediation and the board's abstention from disciplinary action; (3) Standards and procedures for prescribing remediation that is appropriate for an indivi...

...son" has the same meaning as in section 1.59 of the Revised Code and also includes the board of nursing and its members and employees; health care facilities, associations, and societies; insurers; and individuals. (B) In the absence of fraud or bad faith, no person reporting to the board of nursing or testifying in an adjudication conducted under Chapter 119. of the Revised Code with regard to alleged incidents of ...

... is given all proceedings under Chapter 119. of the Revised Code, irrespective of the position of the proceeding on the court's calendar. On a showing that a person has violated or is about to violate any provision of this chapter, the court shall grant an order enjoining the violation. (B)(1) If the board's supervising member for disciplinary matters obtains information sufficient to determine that a person may hav...

...t all the requirements of section 4723.41 of the Revised Code and has paid the fee required by section 4723.08 of the Revised Code, the board of nursing shall issue the license and designate the license holder as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner. The license and designation authorize the holder to practice as an advanced pra...

...vices in accordance with section 4723.481 of the Revised Code. (B) A nurse authorized to practice as a certified registered nurse anesthetist, consistent with the nurse's education and certification and in accordance with rules adopted by the board, may do the following: (1) With supervision and in the immediate presence of a physician, podiatrist, or dentist, administer anesthesia and perform anesthesia induction,...

...et all of the following requirements: (1) Be national in the scope of its credentialing; (2) Have an educational requirement beyond that required for registered nurse licensure; (3) Have practice requirements beyond those required for registered nurse licensure; (4) Have testing requirements beyond those required for registered nurse licensure that measure the theoretical and clinical content of a nursing special...

...urse shall do both of the following: (1) Assess the patient and determine that the drug is appropriate for the patient; (2) Determine that the person to whom the authority will be delegated has met the conditions specified in division (D) of section 4723.489 of the Revised Code.

...enzodiazepines, as defined in section 3719.01 of the Revised Code, the holder shall certify to the board whether the holder has been granted access to the drug database established and maintained by the state board of pharmacy pursuant to section 4729.75 of the Revised Code. (B) The requirement in division (A) of this section does not apply if any of the following is the case: (1) The state board of pharmacy noti...

...(A) As used in this section: (1) "Controlled substance," "schedule III," "schedule IV," and "schedule V" have the same meanings as in section 3719.01 of the Revised Code. (2) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code. (B) The board of nursing shall adopt rules establishing standards and procedures to be followed by advanced practice registered nurses in the use o...

...(A) As used in this section: (1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code. (2) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code. (B) An advanced practice registered nurse shall comply with section 3719.064 of the Revised Code and rules adopted under section 4723.51 of the Revised Code when treating a pa...

...l be adopted in accordance with Chapter 119. of the Revised Code. (B) If the board adopts rules under this section establishing standards governing approval of and participation in medication aide training programs, both of the following apply: (1) With respect to supervised clinical practice components of training programs, when such training is provided in a nursing home or residential care facility and the ho...

...ing as members of the advisory group: (1) Four dialysis technicians; (2) A registered nurse who regularly performs dialysis and cares for patients who receive dialysis; (3) A physician, recommended by the state medical board, who specializes in nephrology or an advanced practice registered nurse recommended by the board of nursing who specializes in nephrology; (4) An administrator of a dialysis center; (5) A d...

...vision (C) of this section and section 1309.508 of the Revised Code, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under section 1309.506 of the Revised Code. (C) If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under ...

...o be seriously misleading under section 1309.506 of the Revised Code: (1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under division (D) of section 1309.203 of the Revised Code; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by th...

...ment of the financing statement that: (1) Identifies, by its file number, the initial financing statement to which it relates; (2) Provides the name of the assignor; and (3) Provides the name and mailing address of the assignee. (C) An assignment of record of a security interest in a fixture covered by a record of a mortgage that is effective as a financing statement filed as a fixture filing under division (C) o...

...ng and indexing a record under sections 1309.501 to 1309.527 of the Revised Code is twelve dollars. (B) The fee for responding to a request for information from the filing office, including for communicating whether there is on file any financing statement naming a particular debtor is: (1) Twenty dollars if the request is communicated in writing, and ; (2) Twenty dollars if the request is communicated by another ...

...t secures shall send its proposal to: (1) Any person from whom the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral; (2) Any other secured party or lienholder who, ten days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing...

...faction of the obligation it secures: (1) Discharges the obligation to the extent consented to by the debtor; (2) Transfers to the secured party all of a debtor's rights in the collateral; (3) Discharges the security interest or agricultural lien that is the subject of the debtor's consent and any subordinate security interest or other subordinate lien; and (4) Terminates any other subordinate interest. (B) A su...

...uired to prove compliance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue. (B) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in ...

...se the powers provided in sections 327.01 to 327.08, inclusive, 739.04 to 739.11, inclusive, and 3315.02 to 3315.05, inclusive, of the Revised Code, and provided in all other laws relating to its powers, until all outstanding bonds of such county, municipal corporation, or school district issued previous to January 1, 1922, to be retired by means of a sinking fund, are paid. It shall then be abolished and its functio...

... of indebtedness prescribed by sections 133.05, 133.06, 133.07, and 133.09 of the Revised Code, but the bonds may be issued only under the following conditions: (A) The subdivision desiring to issue the bonds shall obtain from the county auditor a certificate showing the total amount of delinquent taxes due and unpayable to the subdivision at the last semiannual tax settlement. (B) The fiscal officer of that subdiv...

... is required or authorized by law. (B)(1) Any state agency that has provided goods or services or a service subscription to another state agency may certify to the director of budget and management both of the following: (a) That the goods or services have been delivered or that the service subscription has been initiated; (b) The amount that is due for the goods and services or the service subscription. (2) A pr...

...Notwithstanding section 131.56 of the Revised Code, the general assembly may make aggregate general revenue fund appropriations for a fiscal year that exceed the state appropriation limitation for that fiscal year if either of the following apply: (A) The excess appropriations are made in response to the governor's proclamation of an emergency concerning such things as an act of God, a pandemic disease, an infestati...

...er lease, all of the following apply: (1) If the court finds unconscionability under division (A) or (B) of this section, the court shall award reasonable attorney's fees to the lessee. (2) If the court does not find unconscionability under division (A) or (B) of this section and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable atto...

... does not do either of the following: (1) Modify the rights and obligations of the parties to the supply contract, whether arising from the contract or otherwise; (2) Impose any duty or liability under the supply contract on the lessee. (C) Any modification or rescission of a supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescissio...

...by the lessor are created as follows: (1) Any affirmation of fact or promise made by the lessor to the lessee that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (2) Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will conform to the descript...

...shall at least satisfy the following: (1) Pass without objection in the trade under the description in the lease agreement; (2) In the case of fungible goods, be of fair average quality within the description; (3) Be fit for the ordinary purposes for which goods of that type are used; (4) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all...

...t, subject to the provisions of section 1310.09 of the Revised Code on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (B) Subject to division (C) of this section, to exclude or modify the implied warranty of merchantability or any part of it, the language shall mention "merchantability," be by a writing, and be conspicuous. Subject to division ...

...(A)(1) As used in this section, "excess wear and use waiver" means a contractual agreement that is part of, or a separate addendum to, a lease agreement for use of a motor vehicle, under which the lessor agrees, with or without a separate charge, to do one or both of the following: (a) Cancel or waive all or part of amounts that may become due under a lessee's lease agreement as a result of excess wear and use of a...

...stated, one of the following applies: (1) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance. (2) If the lessee rightfully revokes acceptance, he, to the extent of any deficiency in his effective insurance coverage, may treat the risk of ...

...(A) Subject to section 1310.31 of the Revised Code, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer and, except as provided in division (B) of this section and division (D) of section 1310.73 of the Revised Code, takes subject to the existing lease ...

...(A) Subject to section 1310.31 of the Revised Code, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer and, except as provided in division (B) of this section and division (D) of section 1310.57 of the Revised Code, takes subject to the existing lease contrac...

... interest of either of the following: (1) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; (2) A creditor with a security interest in the whole perfected before the lease contract was made, to the extent that the creditor makes subsequent advances without knowledge of the lease contract. (E) When under...

...ulation, both of the following apply: (1) The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery, unless the lessee provides a means or manner of payment that is commercially a substantial equivalent. (2) If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation, unless the regulation is discriminatory...

...f an allocation justified under section 1310.44 of the Revised Code, the lessee, by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired as provided in section 1310.56 of the Revised Code, may do either of the following: (1) Terminate the lease contract, subject to divis...

...t under division (A) of this section: (1) It is effective and enforceable between the parties and by or against third parties, including assignees of the parties. (2) It is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom it runs. (C) This section does not affect the validity under any other law of a covenant in any lease contract...

...if either of the following applies: (1) The lessor or supplier could have cured the defect as provided in section 1310.59 of the Revised Code if the defect had been stated seasonably; (2) Between merchants, the lessor or supplier, after the rejection of the goods, made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely. (B) A lessee's failure to ...