Ohio § 4723.282

§ 4723.282.

(A) As used in this section, “ practice deficiency ” means any activity that does not meet acceptable and prevailing standards of safe

and effective nursing care or dialysis care. (B) The board of nursing may abstain from taking disciplinary action under section 4723.28 of the Revised Code against the holder of a license or certificate issued under this chapter who has

a practice deficiency that has been identified by the board through an investigation

conducted under section 4723.28 of the Revised Code .  The board may abstain from taking action only if the board has reason to believe

that the individual's practice deficiency can be corrected through remediation, and

if the individual enters into an agreement with the board to seek remediation as prescribed

by the board, complies with the terms and conditions of the remediation, and successfully

completes the remediation.  If an individual fails to complete the remediation or the board determines that

remediation cannot correct the individual's practice deficiency, the board shall proceed

with disciplinary action in accordance with section 4723.28 of the Revised Code . (C) To implement its authority under this section to abstain from taking disciplinary

action, the board shall establish a practice intervention and improvement program.  The board shall designate an administrator to operate the 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 individual's

identified practice deficiency; (4) Terms and conditions that an individual must meet to be successful in completing

the remediation prescribed; (5) Procedures for the board's monitoring of the individual's remediation; (6) Procedures for maintaining confidential records regarding individuals who participate

in remediation; (7) Any other requirements or procedures necessary to develop and administer the program. (D) All records held by the board for purposes of the program shall be confidential,

are not public records for purposes of section 149.43 of the Revised Code , and are not subject to discovery by subpoena or admissible as evidence in any judicial

proceeding.  The administrator of the program shall maintain all records in the board's office

in accordance with the board's record retention schedule. (E) When an individual begins the remediation prescribed by the board, the individual

shall sign a waiver permitting any entity that provides services related to the remediation

to release to the board information regarding the individual's progress.  An entity that provides services related to remediation shall report to the board

if the individual fails to complete the remediation or does not make satisfactory

progress in remediation. In the absence of fraud or bad faith, an entity that reports to the board regarding

an individual's practice deficiency, or progress or lack of progress in remediation,

is not liable in damages to any person as a result of making the report. (F) An individual participating in remediation prescribed under this section is responsible

for all financial obligations that may arise from obtaining or completing the remediation.