Bill Text: OH HB165 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To exempt certified hyperbaric technologists from the laws governing the practice of respiratory care.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Passed) 2014-09-04 - Effective Date [HB165 Detail]
Download: Ohio-2013-HB165-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To exempt certified hyperbaric technologists from the laws governing the practice of respiratory care.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Passed) 2014-09-04 - Effective Date [HB165 Detail]
Download: Ohio-2013-HB165-Engrossed.html
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Representative Roegner
Cosponsors:
Representatives Thompson, Wachtmann, Beck, Hood, Huffman, Scherer, Schuring, Sears Speaker Batchelder
Senators Bacon, Eklund, LaRose, Seitz
To amend sections 4761.01, 4761.03, 4761.07, and | 1 |
4761.11 of the Revised Code to exempt certified | 2 |
hyperbaric technologists from the laws governing | 3 |
the practice of respiratory care. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4761.01, 4761.03, 4761.07, and | 5 |
4761.11 of the Revised Code be amended to read as follows: | 6 |
Sec. 4761.01. As used in this chapter: | 7 |
(A) "Respiratory care" means rendering or offering to render | 8 |
to individuals, groups, organizations, or the public any service | 9 |
involving the evaluation of cardiopulmonary function, the | 10 |
treatment of cardiopulmonary impairment, the assessment of | 11 |
treatment effectiveness, and the care of patients with | 12 |
deficiencies and abnormalities associated with the cardiopulmonary | 13 |
system. The practice of respiratory care includes: | 14 |
(1) Obtaining, analyzing, testing, measuring, and monitoring | 15 |
blood and gas samples in the determination of cardiopulmonary | 16 |
parameters and related physiologic data, including flows, | 17 |
pressures, and volumes, and the use of equipment employed for this | 18 |
purpose; | 19 |
(2) Administering, monitoring, recording the results of, and | 20 |
instructing in the use of medical gases, aerosols, and | 21 |
bronchopulmonary hygiene techniques, including drainage, | 22 |
aspiration, and sampling, and applying, maintaining, and | 23 |
instructing in the use of artificial airways, ventilators, and | 24 |
other life support equipment employed in the treatment of | 25 |
cardiopulmonary impairment and provided in collaboration with | 26 |
other licensed health care professionals responsible for providing | 27 |
care; | 28 |
(3) Performing cardiopulmonary resuscitation and respiratory | 29 |
rehabilitation techniques; | 30 |
(4) Administering medications for the testing or treatment of | 31 |
cardiopulmonary impairment. | 32 |
(B) "Respiratory care professional" means a person who is | 33 |
licensed under this chapter to practice the full range of | 34 |
respiratory care services as defined in division (A) of this | 35 |
section. | 36 |
(C) "Physician" means an individual authorized under Chapter | 37 |
4731. of the Revised Code to practice medicine and surgery or | 38 |
osteopathic medicine and surgery. | 39 |
(D) "Registered nurse" means an individual licensed under | 40 |
Chapter 4723. of the Revised Code to engage in the practice of | 41 |
nursing as a registered nurse. | 42 |
(E) "Hospital" means a facility that meets the operating | 43 |
standards of section 3727.02 of the Revised Code. | 44 |
(F) "Nursing facility" has the same meaning as in section | 45 |
5165.01 of the Revised Code. | 46 |
(G) "Certified hyperbaric technologist" means a person who | 47 |
administers hyperbaric oxygen therapy and is certified as a | 48 |
hyperbaric technologist by the national board of diving and | 49 |
hyperbaric medical technology or its successor organization. | 50 |
(H) "Hyperbaric oxygen therapy" means the administration of | 51 |
pure oxygen in a pressurized room or chamber, except that it does | 52 |
not include ventilator management. | 53 |
(I) "Advanced practice registered nurse" has the same meaning | 54 |
as in section 4723.01 of the Revised Code. | 55 |
(J) "Physician assistant" means an individual who holds a | 56 |
valid certificate to practice issued under Chapter 4730. of the | 57 |
Revised Code authorizing the individual to provide services as a | 58 |
physician assistant to patients under the supervision, control, | 59 |
and direction of one or more physicians. | 60 |
Sec. 4761.03. The Ohio respiratory care board shall regulate | 61 |
the practice of respiratory care in this state and the persons to | 62 |
whom the board issues licenses and limited permits under this | 63 |
chapter and shall license and register home medical equipment | 64 |
services providers under Chapter 4752. of the Revised Code. Rules | 65 |
adopted under this chapter that deal with the provision of | 66 |
respiratory care in a hospital, other than rules regulating the | 67 |
issuance of licenses or limited permits, shall be consistent with | 68 |
the conditions for participation under medicare, Title XVIII of | 69 |
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, | 70 |
as amended, and with the respiratory care accreditation standards | 71 |
of the joint commission on accreditation of healthcare | 72 |
organizations or the American osteopathic association. | 73 |
The board shall: | 74 |
(A) Adopt, and may rescind or amend, rules in accordance with | 75 |
Chapter 119. of the Revised Code to carry out the purposes of this | 76 |
chapter, including rules prescribing: | 77 |
(1) The form and manner for filing applications for licensure | 78 |
and renewal, limited permits, and limited permit extensions under | 79 |
sections 4761.05 and 4761.06 of the Revised Code; | 80 |
(2) The form, scoring, and scheduling of examinations and | 81 |
reexaminations for licensure and license renewal; | 82 |
(3) Standards for the approval of educational programs | 83 |
required to qualify for licensure and continuing education | 84 |
programs required for license renewal; | 85 |
(4) Continuing education courses and the number of hour | 86 |
requirements necessary for license renewal, in accordance with | 87 |
section 4761.06 of the Revised Code; | 88 |
(5) Procedures for the issuance and renewal of licenses and | 89 |
limited permits, including the duties that may be fulfilled by the | 90 |
board's executive director and other board employees; | 91 |
(6) Procedures for the denial, suspension, permanent | 92 |
revocation, refusal to renew, and reinstatement of licenses and | 93 |
limited permits, the conduct of hearings, and the imposition of | 94 |
fines for engaging in conduct that is grounds for such action and | 95 |
hearings under section 4761.09 of the Revised Code; | 96 |
(7) Standards of ethical conduct for the practice of | 97 |
respiratory care; | 98 |
(8) Conditions under which the license renewal fee and | 99 |
continuing education requirements may be waived at the request of | 100 |
a licensee who is not in active practice; | 101 |
(9) The respiratory care tasks that may be performed by an | 102 |
individual practicing as a polysomnographic technologist pursuant | 103 |
to division (B)(3) of section 4761.10 of the Revised Code; | 104 |
(10) Procedures for registering out-of-state respiratory care | 105 |
providers authorized to practice in this state under division | 106 |
(A)(4) of section 4761.11 of the Revised Code; | 107 |
(11) Requirements for criminal records checks of applicants | 108 |
under section 4776.03 of the Revised Code; | 109 |
(12) Procedures for accepting and storing copies of | 110 |
hyperbaric technologist certifications filed with the board | 111 |
pursuant to division (A)(11) of section 4761.11 of the Revised | 112 |
Code. | 113 |
(B) Determine the sufficiency of an applicant's | 114 |
qualifications for admission to the licensing examination or a | 115 |
reexamination, and for the issuance or renewal of a license or | 116 |
limited permit; | 117 |
(C) Determine the respiratory care educational programs that | 118 |
are acceptable for fulfilling the requirements of division (A) of | 119 |
section 4761.04 of the Revised Code; | 120 |
(D) Schedule, administer, and score the licensing examination | 121 |
or any reexamination for license renewal or reinstatement. The | 122 |
board shall administer the licensing examinations at least twice a | 123 |
year and notify applicants of the time and place of the | 124 |
examinations. | 125 |
(E) Investigate complaints concerning alleged violations of | 126 |
section 4761.10 of the Revised Code or grounds for the suspension, | 127 |
permanent revocation, or refusal to issue licenses or limited | 128 |
permits under section 3123.47 or 4761.09 of the Revised Code. The | 129 |
board shall employ investigators who shall, under the direction of | 130 |
the executive director of the board, investigate complaints and | 131 |
make inspections and other inquiries as, in the judgment of the | 132 |
board, are appropriate to enforce sections 3123.41 to 3123.50, | 133 |
4761.09, and 4761.10 of the Revised Code. Pursuant to an | 134 |
investigation and inspection, the investigators may review and | 135 |
audit records during normal business hours at the place of | 136 |
business of a licensee or person who is the subject of a complaint | 137 |
filed with the board or at any place where the records are kept. | 138 |
Except when required by court order, the board and its | 139 |
employees shall not disclose confidential information obtained | 140 |
during an investigation or identifying information about any | 141 |
person who files a complaint with the board. | 142 |
The board may hear testimony in matters relating to the | 143 |
duties imposed upon it and issue subpoenas pursuant to an | 144 |
investigation. The president and secretary of the board may | 145 |
administer oaths. | 146 |
(F) Conduct hearings, keep records of its proceedings, and do | 147 |
other things as are necessary and proper to carry out and enforce | 148 |
the provisions of this chapter; | 149 |
(G) Maintain, publish, and make available upon request, for a | 150 |
fee not to exceed the actual cost of printing and mailing: | 151 |
(1) The requirements for the issuance of licenses and limited | 152 |
permits under this chapter and rules adopted by the board; | 153 |
(2) A current register of every person licensed to practice | 154 |
respiratory care in this state, to include the addresses of the | 155 |
person's last known place of business and residence, the effective | 156 |
date and identification number of the license, the name and | 157 |
location of the institution that granted the person's degree or | 158 |
certificate of completion of respiratory care educational | 159 |
requirements, and the date the degree or certificate was issued; | 160 |
(3) A list of the names and locations of the institutions | 161 |
that each year granted degrees or certificates of completion in | 162 |
respiratory care; | 163 |
(4) After the administration of each examination, a list of | 164 |
persons who passed the examination. | 165 |
(H) Submit to the governor and to the general assembly each | 166 |
year a report of all of its official actions during the preceding | 167 |
year, together with any findings and recommendations with regard | 168 |
to the improvement of the profession of respiratory care; | 169 |
(I) Administer and enforce Chapter 4752. of the Revised Code. | 170 |
Sec. 4761.07. (A) The Ohio respiratory care board shall | 171 |
charge any license applicant or holder who is to take an | 172 |
examination required under division (A)(3) of section 4761.04 or a | 173 |
reexamination required under division (B) of section 4761.06 of | 174 |
the Revised Code for license renewal or under section 4761.09 of | 175 |
the Revised Code for license reinstatement, a nonrefundable | 176 |
examination fee, not to exceed the amount necessary to cover the | 177 |
expense of administering the examination. The license applicant or | 178 |
holder shall pay the fee at the time of application for licensure | 179 |
or renewal. | 180 |
(B) The board shall establish the following additional | 181 |
nonrefundable fees and penalty: | 182 |
(1) An initial license fee, not to exceed seventy-five | 183 |
dollars; | 184 |
(2) A biennial license renewal fee, not to exceed one hundred | 185 |
dollars; | 186 |
(3) A limited permit fee, not to exceed twenty dollars; | 187 |
(4) A limited permit renewal fee, not to exceed ten dollars; | 188 |
(5) A late renewal penalty, not to exceed fifty per cent of | 189 |
the renewal fee; | 190 |
(6) A fee for accepting and storing hyperbaric technologist | 191 |
certifications filed with the board under division (A)(11) of | 192 |
section 4761.11 of the Revised Code, not to exceed twenty dollars. | 193 |
(C) Notwithstanding division (B)(4) of this section, after | 194 |
the third renewal of a limited permit that meets the exception in | 195 |
division (B)(3) of section 4761.05 of the Revised Code, the | 196 |
limited permit renewal fee shall be one-half the amount of the | 197 |
biennial license renewal fee established under division (B)(2) of | 198 |
this section and section 4761.08 of the Revised Code. | 199 |
(D) The board shall adjust the fees biennially and within the | 200 |
limits established by division (B) of this section to provide | 201 |
sufficient revenues to meet its expenses. | 202 |
(E) The board may, by rule, provide for the waiver of all or | 203 |
part of a license fee when the license is issued less than | 204 |
eighteen months before its expiration date. | 205 |
(F) All fees received by the board shall be deposited into | 206 |
the state treasury to the credit of the occupational licensing and | 207 |
regulatory fund. | 208 |
Sec. 4761.11. (A) Nothing in this chapter shall be construed | 209 |
to prevent or restrict the practice, services, or activities of | 210 |
any person who: | 211 |
(1) Is a health care professional licensed by this state | 212 |
providing respiratory care services included in the scope of | 213 |
practice established by the license held, as long as the person | 214 |
does not represent that the person is engaged in the practice of | 215 |
respiratory care; | 216 |
(2) Is employed as a respiratory care professional by an | 217 |
agency of the United States government and provides respiratory | 218 |
care solely under the direction or control of the employing | 219 |
agency; | 220 |
(3) Is a student enrolled in a board-approved respiratory | 221 |
care education program leading to a certificate of completion in | 222 |
respiratory care and is performing duties that are part of a | 223 |
supervised course of study; | 224 |
(4) Is a nonresident of this state practicing or offering to | 225 |
practice respiratory care, if the respiratory care services are | 226 |
offered for not more than thirty days in a year, services are | 227 |
provided under the supervision of a respiratory care professional | 228 |
licensed under this chapter, and the nonresident registers with | 229 |
the board in accordance with rules adopted by the board under | 230 |
section 4761.03 of the Revised Code and meets either of the | 231 |
following requirements: | 232 |
(a) Qualifies for licensure under this chapter, except for | 233 |
passage of the examination required under division (A)(3) of | 234 |
section 4761.04 of the Revised Code; | 235 |
(b) Holds a valid license issued by a state that has | 236 |
licensure requirements considered by the board to be comparable to | 237 |
those of this state and has not been issued a license in another | 238 |
state that has been revoked or is currently under suspension or on | 239 |
probation. | 240 |
(5) Provides respiratory care only to relatives or in medical | 241 |
emergencies; | 242 |
(6) Provides gratuitous care to friends or personal family | 243 |
members; | 244 |
(7) Provides only self care; | 245 |
(8) Is employed in the office of a physician and renders | 246 |
medical assistance under the physician's direct supervision | 247 |
without representing that the person is engaged in the practice of | 248 |
respiratory care; | 249 |
(9) Is employed in a clinical chemistry or arterial blood gas | 250 |
laboratory and is supervised by a physician without representing | 251 |
that the person is engaged in the practice of respiratory care; | 252 |
(10) Is engaged in the practice of respiratory care as an | 253 |
employee of a person or governmental entity located in another | 254 |
state and provides respiratory care services for less than | 255 |
seventy-two hours to patients being transported into, out of, or | 256 |
through this state; | 257 |
(11) Is employed as a certified hyperbaric technologist, has | 258 |
filed with the board a copy of the person's current certification | 259 |
as a hyperbaric technologist in accordance with the rules adopted | 260 |
by the board under section 4761.03 of the Revised Code, has paid | 261 |
the fee established pursuant to section 4761.07 of the Revised | 262 |
Code, and administers hyperbaric oxygen therapy under the direct | 263 |
supervision of a physician, a physician assistant, or an advanced | 264 |
practice registered nurse and without representing that the person | 265 |
is engaged in the practice of respiratory care. | 266 |
(B) Nothing in this chapter shall be construed to prevent any | 267 |
person from advertising, describing, or offering to provide | 268 |
respiratory care or billing for respiratory care when the | 269 |
respiratory care services are provided by a health care | 270 |
professional licensed by this state practicing within the scope of | 271 |
practice established by the license held. Nothing in this chapter | 272 |
shall be construed to prevent a hospital or nursing facility from | 273 |
advertising, describing, or offering to provide respiratory care, | 274 |
or billing for respiratory care rendered by a person licensed | 275 |
under this chapter or persons who may provide limited aspects of | 276 |
respiratory care or respiratory care tasks pursuant to division | 277 |
(B) of section 4761.10 of the Revised Code. | 278 |
(C) Notwithstanding division (A) of section 4761.10 of the | 279 |
Revised Code, in a life-threatening situation, in the absence of | 280 |
licensed personnel, unlicensed persons shall not be prohibited | 281 |
from taking life-saving measures. | 282 |
(D) Nothing in this chapter shall be construed as authorizing | 283 |
a respiratory care professional to practice medicine and surgery | 284 |
or osteopathic medicine and surgery. This division does not | 285 |
prohibit a respiratory care professional from administering | 286 |
topical or intradermal medications for the purpose of producing | 287 |
localized decreased sensation as part of a procedure or task that | 288 |
is within the scope of practice of a respiratory care | 289 |
professional. | 290 |
Section 2. That existing sections 4761.01, 4761.03, 4761.07, | 291 |
and 4761.11 of the Revised Code are hereby repealed. | 292 |