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Title 47 | Occupations-Professions
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Section 4760.15 | Report by prosecutor of convictions and other dispositions.

...(A) As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (B) Whenever any person holding a valid license issued pursuant to this chapter pleads guilty to, is subject to a judicial finding of guilt of, or is subject to a judicial finding of eligibility for intervention in lieu of conviction for a violation of Chapter 2907., 2925., or 3719. of the Revised Code or of an...

Section 4760.16 | Notice of disciplinary action taken by health care facility.

... (A) As used in this section, "criminal conduct" and "sexual misconduct" have the same meanings as in section 4731.224 of the Revised Code. (B)(1) Within thirty days after the imposition of any formal disciplinary action taken by any health care facility, including a hospital, health care facility operated by a health insuring corporation, ambulatory surgical facility, or similar facility, against any individual h...

Section 4760.17 | Enforcement by secretary.

...The secretary of the state medical board shall enforce the laws relating to the practice of anesthesiologist assistants. If the secretary has knowledge or notice of a violation of this chapter or the rules adopted under it, the secretary shall investigate the matter, and, upon probable cause appearing, file a complaint and prosecute the offender. When requested by the secretary, the prosecuting attorney of the proper...

Section 4760.18 | Injunctions.

...The attorney general, the prosecuting attorney of any county in which the offense was committed or the offender resides, the state medical board, or any other person having knowledge of a person engaged either directly or by complicity in practicing as an anesthesiologist assistant without having first obtained a license to practice issued under this chapter, may, in accordance with provisions of the Revised Code gov...

Section 4760.19 | Administrative rules.

...The state medical board may adopt any rules necessary to govern the practice of anesthesiologist assistants, the supervisory relationship between anesthesiologist assistants and supervising anesthesiologists, and the administration and enforcement of this chapter. Rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

Section 4760.20 | Fees in excess of statutory amounts.

...The state medical board, subject to the approval of the controlling board, may establish fees in excess of the amounts specified in this chapter, except that the fees may not exceed the specified amounts by more than fifty per cent. All fees, penalties, and other funds received by the board under this chapter shall be deposited in accordance with section 4731.24 of the Revised Code.

Section 4760.21 | State medical board - immunity.

...In the absence of fraud or bad faith, the state medical board, a current or former board member, an agent of the board, a person formally requested by the board to be the board's representative, or an employee of the board shall not be held liable in damages to any person as the result of any act, omission, proceeding, conduct, or decision related to official duties undertaken or performed pursuant to this chapter. I...

Section 4760.22 | Compliance with law regarding sanctions for human trafficking.

...The state medical board shall comply with section 4776.20 of the Revised Code.

Section 4760.99 | Penalty.

... (A) Whoever violates section 4760.02 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense; on each subsequent offense, the person is guilty of a felony of the fourth degree. (B)(1) Whoever violates division (B)(1), (C)(1), (C)(2), (D), or (E) of section 4760.16 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense the person is guilty o...

Section 4761.01 | Respiratory care definitions.

...As used in this chapter: (A) "Respiratory care" means rendering or offering to render to individuals, groups, organizations, or the public any service involving the evaluation of cardiopulmonary function, the treatment of cardiopulmonary impairment, the assessment of treatment effectiveness, and the care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. The practice of resp...

Section 4761.011 | References to board or executive director.

...Whenever the term "Ohio respiratory care board" is used in any statute, rule, contract, or other document, the use shall be construed to mean the "state medical board," with respect to implementing Chapter 4761. of the Revised Code. Whenever the executive director of the Ohio respiratory care board is used in any statute, rule, contract, or other document, the use shall be construed to mean the executive director of...

Section 4761.012 | Enforcement of laws.

... The secretary of the state medical board shall enforce the laws relating to the practice of respiratory care. If the secretary has knowledge or notice of a violation of this chapter or the rules adopted under it, the secretary shall investigate the matter, and, upon probable cause appearing, file a complaint and prosecute the offender. When requested by the secretary, the prosecuting attorney of the proper county s...

Section 4761.03 | Duties of board.

... (A) The state medical board shall regulate the practice of respiratory care in this state and the persons to whom the board issues licenses and limited permits under this chapter. Rules adopted under this chapter that deal with the provision of respiratory care in a hospital, other than rules regulating the issuance of licenses or limited permits, shall be consistent with the conditions for participation under medic...

Section 4761.032 | Respiratory care advisory council.

... (A) The state medical board shall appoint a respiratory care advisory council for the purpose of advising the board on issues relating to the practice of respiratory care. The advisory council shall consist of not more than seven individuals knowledgeable in the area of respiratory care. A majority of the council members shall be individuals licensed under this chapter who are actively engaged in the practice of...

Section 4761.04 | Qualifications for license.

... (A) Except as provided in division (B) or (C) of this section, no person is eligible for licensure as a respiratory care professional unless the person has shown, to the satisfaction of the state medical board, all of the following: (1) That the person has successfully completed the requirements of an educational program approved by the board that includes instruction in the biological and physical sciences, pharm...

Section 4761.05 | Issuing license, permits.

... (A) Except as provided in division (C) of section 4761.04 of the Revised Code, the state medical board shall issue a license to any applicant who complies with the requirements of section 4761.04 of the Revised Code, files the prescribed application form, and pays the fee or fees required under section 4761.07 of the Revised Code. The license entitles the holder to practice respiratory care. (B)(1) Except as prov...

Section 4761.051 | License applicant to comply with RC Chapter 4776.

... (A) As used in this section, "license" and "applicant for an initial license" have the same meanings as in section 4776.01 of the Revised Code, except that "license" as used in both of those terms refers to the types of authorizations otherwise issued or conferred under this chapter. (B) In addition to any other eligibility requirement set forth in this chapter, each applicant for an initial license shall comply w...

Section 4761.06 | License renewal - continuing education.

... (A) Each license to practice respiratory care shall expire on the date that is two years after the date of issuance and may be renewed for additional two-year periods. Each limited permit to practice respiratory care shall be renewed annually. Each person seeking to renew a license or limited permit to practice respiratory care shall apply to the state medical board in a manner prescribed by the board. Licenses and ...

Section 4761.061 | Prerequisites to resumption of practice.

... (A) This section applies to all of the following: (1) An applicant seeking restoration of a license issued under this chapter that has been in a suspended or inactive state for any cause for more than two years; (2) An applicant seeking issuance of a license pursuant to this chapter who for more than two years has not been engaged in the practice of respiratory care as either of the following: (a) An active...

Section 4761.062 | Retired status.

... (A) An individual who holds a current, valid license issued under this chapter to practice respiratory care and who retires voluntarily from practice may request that the state medical board place the individual's license on retired status. This section does not authorize an individual who holds a limited permit issued under section 4761.05 of the Revised Code to request that the board place the individual's perm...

Section 4761.07 | Fees.

... (A) The state medical board shall charge any license applicant or holder who is to take an examination required under division (A)(2) of section 4761.04 or a reexamination required under division (B) of section 4761.06 of the Revised Code for license renewal or under section 4761.09 of the Revised Code for license reinstatement, a nonrefundable examination fee, not to exceed the amount necessary to cover the expense...

Section 4761.09 | Disciplinary actions.

... (A) The state medical board, by an affirmative vote of not fewer than six members, shall, except as provided in division (B) of this section, and to the extent permitted by law, limit, revoke, or suspend an individual's license or limited permit, refuse to issue a license or limited permit to an individual, refuse to renew a license or limited permit, refuse to reinstate a license or limited permit, or reprimand or ...

Section 4761.091 | Violations; penalties.

... (A)(1) If the holder of a license or limited permit issued under this chapter violates any section of this chapter, other than continuing education requirements set forth in section 4761.06 of the Revised Code, or violates any rule adopted under this chapter, the state medical board may, pursuant to an adjudication under Chapter 119. of the Revised Code and an affirmative vote of not fewer than six of its members, ...

Section 4761.10 | Prohibited acts - injunctive relief.

... (A) No person shall offer or render respiratory care services, or represent that the person is a respiratory care professional, respiratory therapist, respiratory technologist, respiratory care technician, respiratory practitioner, inhalation therapist, inhalation technologist, or inhalation therapy technician, or to have any similar title or to provide these services under a similar description, unless the person ...

Section 4761.11 | Exemptions.

...(A) Nothing in this chapter shall be construed to prevent or restrict the practice, services, or activities of any person who: (1) Is a health care professional licensed by this state providing respiratory care services included in the scope of practice established by the license held, as long as the person does not represent that the person is engaged in the practice of respiratory care; (2) Is employed as a respi...