Ohio § 4723.06

§ 4723.06.

(A) The board of nursing shall: (1) Administer and enforce the provisions of this chapter, including the taking of disciplinary

action for violations of section 4723.28 of the Revised Code , any other provisions of this chapter, or rules adopted under this chapter; (2) Develop criteria that an applicant must meet to be eligible to sit for the examination

for licensure to practice as a registered nurse or as a licensed practical nurse; (3) Issue and renew nursing licenses, dialysis technician certificates, and community

health worker certificates, as provided in this chapter; (4) Define the minimum educational standards for the schools and programs of registered

nursing and practical nursing in this state; (5) Survey, inspect, and grant full approval to prelicensure nursing education programs

in this state that meet the standards established by rules adopted under section 4723.07 of the Revised Code .  Prelicensure nursing education programs include, but are not limited to, diploma,

associate degree, baccalaureate degree, master's degree, and doctor of nursing programs

leading to initial licensure to practice nursing as a registered nurse and practical

nurse programs leading to initial licensure to practice nursing as a licensed practical

nurse. (6) Grant conditional approval, by a vote of a quorum of the board, to a new prelicensure

nursing education program or a program that is being reestablished after having ceased

to operate, if the program meets and maintains the minimum standards of the board

established by rules adopted under section 4723.07 of the Revised Code .  If the board does not grant conditional approval, it shall hold an adjudication

under Chapter 119. of the Revised Code to consider conditional approval of the program.  If the board grants conditional approval, at the first meeting following completion

of the survey process required by division (A)(5) of this section, the board shall

determine whether to grant full approval to the program.  If the board does not grant full approval or if it appears that the program has

failed to meet and maintain standards established by rules adopted under section 4723.07 of the Revised Code , the board shall hold an adjudication under Chapter 119. of the Revised Code to consider

the program.  Based on results of the adjudication, the board may continue or withdraw conditional

approval, or grant full approval. (7) Place on provisional approval, for a period of time specified by the board, a prelicensure

nursing education program that has ceased to meet and maintain the minimum standards

of the board established by rules adopted under section 4723.07 of the Revised Code .  Prior to or at the end of the period, the board shall reconsider whether the program

meets the standards and shall grant full approval if it does.  If it does not, the board may withdraw approval, pursuant to an adjudication under

Chapter 119. of the Revised Code. (8) Approve continuing education programs and courses under standards established in

rules adopted under sections 4723.07 , 4723.69 , 4723.79 , and 4723.88 of the Revised Code ; (9) Establish the safe haven program in accordance with sections 4723.35 and 4723.351 of the Revised Code ; (10) Establish the practice intervention and improvement program in accordance with section 4723.282 of the Revised Code ; (11) Grant approval to the course of study in advanced pharmacology and related topics

described in section 4723.482 of the Revised Code ; (12) Make an annual edition of the exclusionary formulary established in rules adopted

under section 4723.50 of the Revised Code available to the public by electronic means and, as soon as possible after any revision

of the formulary becomes effective, make the revision available to the public by electronic

means; (13) Approve under section 4723.46 of the Revised Code national certifying organizations for examination and licensure of advanced practice

registered nurses, which may include separate organizations for each nursing specialty; (14) Provide guidance and make recommendations to the general assembly, the governor,

state agencies, and the federal government with respect to the regulation of the practice

of nursing and the enforcement of this chapter; (15) Make an annual report to the governor, which shall be open for public inspection; (16) Maintain and have open for public inspection the following records: (a) A record of all its meetings and proceedings; (b) A record of all applicants for, and holders of, licenses and certificates issued

by the board under this chapter or in accordance with rules adopted under this chapter.  The record shall be maintained in a format determined by the board. (c) A list of education and training programs approved by the board. (17) Deny conditional approval to a new prelicensure nursing education program or a program

that is being reestablished after having ceased to operate if the program or a person

acting on behalf of the program submits or causes to be submitted to the board false,

misleading, or deceptive statements, information, or documentation in the process

of applying for approval of the program.  If the board proposes to deny approval of the program, it shall do so pursuant to

an adjudication conducted under Chapter 119. of the Revised Code. (B) The board may fulfill the requirement of division (A)(8) of this section by authorizing

persons who meet the standards established in rules adopted under section 4723.07 of the Revised Code to approve continuing education programs and courses.  Persons so authorized shall approve continuing education programs and courses in

accordance with standards established in rules adopted under section 4723.07 of the Revised Code . Persons seeking authorization to approve continuing education programs and courses

shall apply to the board and pay the appropriate fee established under section 4723.08 of the Revised Code .  Authorizations to approve continuing education programs and courses shall expire

and may be renewed according to the schedule established in rules adopted under section 4723.07 of the Revised Code . In addition to approving continuing education programs under division (A)(8) of this

section, the board may sponsor continuing education activities that are directly related

to the statutes and rules the board enforces. (C)(1) The board may deny conditional approval to a new prelicensure nursing education program

or program that is being reestablished after having ceased to operate if the program

is controlled by a person who controls or has controlled a program that had its approval

withdrawn, revoked, suspended, or restricted by the board or a board of another jurisdiction

that is a member of the national council of state boards of nursing.  If the board proposes to deny approval, it shall do so pursuant to an adjudication

conducted under Chapter 119. of the Revised Code. (2) As used in this division, “ control ” means any of the following: (a) Holding fifty per cent or more of the outstanding voting securities or membership

interest of a prelicensure nursing education program; (b) In the case of an unincorporated prelicensure nursing education program, having the

right to fifty per cent or more of the program's profits or in the event of a dissolution,

fifty per cent or more of the program's assets; (c) In the case of a prelicensure nursing education program that is a for-profit or not-for-profit

corporation, having the contractual authority presently to designate fifty per cent

or more of its directors; (d) In the case of a prelicensure nursing education program that is a trust, having the

contractual authority presently to designate fifty per cent or more of its trustees; (e) Having the authority to direct the management, policies, or investments of a prelicensure

nursing education program. (D)(1) When an action taken by the board under division (A)(6), (7), or (17) or (C)(1) of

this section is required to be taken pursuant to an adjudication conducted under Chapter

119. of the Revised Code, the board may, in lieu of an adjudication hearing, enter

into a consent agreement to resolve the matter.  A consent agreement, when ratified by a vote of a quorum of the board, constitutes

the findings and order of the board with respect to the matter addressed in the agreement.  If the board refuses to ratify a consent agreement, the admissions and findings

contained in the agreement are of no effect. (2) In any instance in which the board is required under Chapter 119. of the Revised

Code to give notice to a person seeking approval of a prelicensure nursing education

program of an opportunity for a hearing and the person does not make a timely request

for a hearing in accordance with section 119.07 of the Revised Code , the board is not required to hold a hearing, but may adopt, by a vote of a quorum,

a final order that contains the board's findings. (3) When the board denies or withdraws approval of a prelicensure nursing education program,

the board may specify that its action is permanent.  A program subject to a permanent action taken by the board is forever ineligible

for approval and the board shall not accept an application for the program's reinstatement

or approval.