OHIO NURSE PRACTICE ACT &
RULES OF BOARD OF NURSING
PRESENTED BY TERRI DURKIN WILLIAMS, RN
OBJECTIVES
• Upon completion the learner will be able to
relate the process of nursing law and rule
formation in the State of Ohio.
• Upon completion the learner will be able to
relate the essential components of the Nurse
Practice Act and Rules of the Board.
• Upon completion the learner will be able to
discuss Section 4723.28 of the ORC, offenses.
BOARD OF NURSING
MEMBERS APPOINTED BY GOVERNOR
• 8 Registered Nurses
• One RN must hold a Certificate of
Authority
• 4 Licensed Practical Nurses
• 1 Consumer
• Serve 4 year terms and may be
reappointed one time
BOARD OF NURSING
• Regulate pre-licensure
educational/training programs
• Issues credentials to qualified
individuals
• Disciplinary action
BOARD OF NURSING
• Given rule-making authority
• Must promulgate rules according
to statutory process
• Requires public input
LAWS
Chapter 4723 of the Ohio Revised
Code (ORC) General Assembly, the
State Legislature.
• Nurse Practice Act
• Laws regulating nursing practice
RULES
Chapter 4723-1 through 4723-27 of
the Ohio Administrative Code (OAC)
• Rules of the Board of Nursing
RENEWAL OF LICENSE
•
•
•
•
•
Must renew license every two years
Must complete continuing education
Keep CEU’s for 6 years
Need 24 hours for each licensing period
One hour must be directly related to
the laws and rules pertaining to nursing
practice, Category A
BOARD NOTIFICATION
• Change of address
• Name change
May contact the Board electronically
www.nursing.ohio.gov
17 South High Street, Suite 400
Columbus, Ohio 43215-7410
614-466-3947
SECTION 4723.28 ORC
OFFENSES
• Practice without a license
• Misdemeanor committed in the course
of practice
• Any felony or any crime involving gross
immorality or moral turpitude
• Selling, giving away, of administrating
drugs other then legally
OFFENSES
• Habitual or excessive use of controlled
substances, habit-forming drugs, alcohol
• Impairment of the ability to practice
according to acceptable and prevailing
standards of safe nursing care
• Assaulting or causing harm to a patient
OFFENSES
• Misappropriation of money or anything
of value
• Failure to use universal and standard
precautions
• Activities that exceed the practice of
nursing
• Sexual contact
OFFENSES
• Verbal behavior that is sexually
demeaning
• Assisting in suicide
MANDATORY REPORTING
SECTION 4723.34 ORC
Must report the name of any current of former
nurse who engages in conduct that would be
grounds for disciplinary action.
Who Must Report:
• Nurses
• Prosecutors
• Nursing Associations
NURSING BOARD
• Must investigate all complaints
• Investigations are confidential
• Has Subpoena Authority
• No statute of limitations
• Action is public
PRACTICE OF NURSING
RN
LPN
• Specialized knowledge
• Judgment
• Skill derived from
principles of biological,
physical, behavioral,
social, and nursing
science
• Application of basic
knowledge of the
biological, physical,
behavioral, social and
nursing science at the
direction of a licensed
physician, dentist,
podiatrist, optometrist,
chiropractor, or RN
RN SCOPE OF PRACTICE
• Identifying patterns of human responses to
actual or potential health problems
amenable to a nursing regimen;
• Executing a nursing regimen through the
selection, performance, management, and
evaluation of nursing actions;
• Assessing health status for the purpose of
providing nursing care;
RN SCOPE OF PRACTICE
• Providing health counseling and health
teaching;
• Administering medications, treatments, and
executing regimens authorized by an
individual who is authorized to practice in
the state and is actin within the course of
the individual’s professional practice;
RN SCOPE OF PRACTICE
• Teaching, administering, supervising,
delegating, and evaluating nursing
practice.
• RN is authorized to engage in all aspects of
nursing practice.
• RN determines the data to be collected to
determine the patient’s health status.
• RN determines the nursing care that should
be provided.
LPN SCOPE OF PRACTICE
• Observation, patient teaching, and care in
a diversity of health care settings;
• Contributions to the planning,
implementation, and evaluation of nursing;
• Delegation of nursing tasks as directed by a
registered nurse;
LPN SCOPE OF PRACTICE
• Administration of medications and
treatment authorized by an individual who is
authorized t practice in this state and is
acting within the course of the individual’s
professional practice on the condition that
the licensed practical nurse is authorized
under section 4723.17 of the Revised Code
to administer medications
LPN SCOPE OF PRACTICE
• Administration to an adult of intravenous
therapy authorized by an individual who is
authorized to practice in this state and is
acting within the course of the individual’s
professional practice, on the condition that
the licensed practical nurse is authorized
under section 4723.18 or 4723.181 of the
Revised Code to perform intravenous
therapy and performs intravenous therapy
only in accordance with those sections;
LPN SCOPE OF PRACTICE
• Teaching nursing tasks to licensed practice
nurses and Individuals to whom the licensed
practical nurse is authorized to delegate
nursing tasks as directed by a registered
nurse.
• LPN has a dependent role and may provide
nursing care only at the direction of a RN,
physician, dentist, podiatrist, optometrist or
chiropractor.
SUPERVISION OF NURSING PRACTICE
• The RN is supervising the “practice” of
nursing as stated in (Section
4723.01(B)(6), ORC).
• Supervision of employee performance
and other employment requirements
are established by the employer.
• RN is not required to be on-site to
supervise.
LEGALITY
Scope of Practice
Decision Making
Model
• Is the activity or task
within the scope of
practice of the
nurse and NOT
prohibited or
precluded by any
other law of rule?
COMPETENCY
Scope of Practice
Decision Making
Model
• Can the nurse
perform the activity
or task and meet
the standards of
safe nursing
practice as defined
in Chapter 4723-4 of
Ohio Administrative
Code?
SAFETY
Scope of Practice
Decision Making
Model
• Is this activity or task
safe and
appropriate to
perform with this
patient/client at this
time?
ACCOUNTABILITY
Scope of Practice
Decision Making
Model
• The nurse may perform
the activity/task
according to
acceptable and
prevailing standards of
safe nursing care and
prepare to accept
accountability for the
nursing action.
DEFINITION OF DELEGATION
• The transfer of responsibility for the
performance of a selected nursing
task from a licensed nurse authorized
to perform the task to an individual
who does not otherwise have the
authority to perform the task.
DELEGATING NURSE
• The nurse who delegates a nursing task
or assumes responsibility for individuals
who are receiving delegated nursing
care.
DIRECTION
• Communicating a plan of care to a
licensed practical nurse. Direction by
a registered nurse is not meant to
imply the registered nurse is supervising
the licensed practical nurse in the
employment context.
NURSING TASK
Those activities that constitute the practice of
nursing as a licensed nurse and may include:
• Assistance with ADL’s that are performed to
maintain or improve the client’s well-being,
when the clients are unable to perform that
activity themselves.
KEY POINTS FOR DELEGATION
CHAPTER 4723-13 OAC
• That the nursing task is within the
training, ability, and skill of the
unlicensed person who will be
performing the task.
• Appropriate resources and support are
available
• Appropriate supervision
KEY POINTS FOR DELEGATION
• The nursing task requires no judgment based
on nursing knowledge and expertise.
• The task can be safely performed according
to exact, unchanging directions.
• The task does not require repeated
performance of nursing assessments.
KEY POINTS FOR DELEGATION
• The consequences of performing the nursing
task improperly are minimal and not lifethreatening.
• No person to whom a nursing task is
delegated shall delegate the nursing task to
any other person.
• The delegating nurse shall be accountable
for the decision to delegate nursing tasks.
PROFESSIONAL BOUNDARIES
• Inspire confidence in patients and families
• Professional
• Promote independence
• Respect patient’s dignity
• No personal gain
• No personal relationship
EVALUATION OF
PROFESSIONAL BOUNDARIES
• Talk about personal life
• Give address and phone number
• Complain
• Accept gifts
• Buy or sell items
• Feel compelled to “fix” problems more so
than patient
NATIONAL COUNCIL OF STATE BOARDS OF
NURSING
Free Brochure
A Nurse’s Guide to Professional
Boundaries
Web site www.ncsbn.org
To order e-mail:
communications@ncsbn.org
SOCIAL NETWORKING
DEFINITION
Web-based services that allow individuals to:
1. Construct a public or semi-public profile
within a bounded system
2. Articulate a list of other users with whom
they share a connection
3. View and traverse their lists of connections
by others in the system
TIPS TO AVOID PROBLEMS
• Use standards of professionalism online
• Do not share or post information or photos
gained through the nurse-patient
relationship
• Maintain professional boundaries online.
TIPS TO AVOID PROBLEMS
• Do not make disparaging remarks about
patients, employers of co-workers.
• Do not take photos or videos of patients on
personal devices.
• Promptly report a breach of confidentiality
or privacy.
QUESTIONS
CONTACT INFORMATION
Terri Durkin Williams, RN, LNHA
terri.williams@omnicare.com
330-203-8372