Ohio Admin. Code 4723-3-01

Current through all regulations passed and filed through October 28, 2024
Section 4723-3-01 - Definitions

For purposes of Chapters 4723-1 to 4723-27 of the Administrative Code, and except as otherwise provided, the following definitions shall apply:

(A) "Board" means the Ohio board of nursing.
(B) "Advanced practice registered nurse" means an individual who holds a current, valid license issued under Chapter 4723. of the Revised Code that authorizes the practice of nursing as an advanced practice registered nurse and is designated as any of the following:
(1) A certified registered nurse anesthetist;
(2) A clinical nurse specialist;
(3) A certified nurse-midwife;
(4) A certified nurse practitioner.
(C) "Certificate" means an authorization to practice issued under Chapter 4723. of the Revised Code.
(D) "Current, valid license" and "current, valid certificate" mean an authorization to practice issued under Chapter 4723. of the Revised Code that is not inactive, suspended, revoked, or subject to restrictions, and for which the holder continues to meet all of the requirements for issuance.
(E) "Endorsement" means the process by which a license to practice nursing as a registered nurse or a licensed practical nurse is issued by the board, according to division (B) of section 4723.09 of the Revised Code and Chapter 4723-7 of the Administrative Code.
(F) "Foreign educated nurse graduate" has the meaning set forth in paragraph (E) of rule 4723-7-01 of the Administrative Code.
(G) "Inactive" means that a licensee or certificate holder has submitted a written request that the board place the license or certificate on inactive status. An individual with an inactive license or certificate does not hold a current, valid license or certificate, and is not authorized to engage in the practice for which the license or certificate was issued.
(H) "Jurisdiction" means, in relation to a registered nurse or licensed practical nurse, any state, territory, or political subdivision of the United States in which a board or legal approving authority regulates nurse licensure and nursing practice and maintains membership in the national council of state boards of nursing. In relation to a dialysis technician or community health worker, "jurisdiction" means any state, territory, or political subdivision of the United States in which a board or legal approving authority regulates certification of dialysis technicians or community health workers.
(I) "Lapsed" means that a licensee or certificate holder has failed to fulfill all requirements for renewal, and has failed to comply with the requirements to place the license or certificate on inactive status.
(J) "License" means an authorization to practice issued under Chapter 4723. of the Revised Code.
(K) "Patient" means the recipient of nursing care or dialysis care, which may include an individual, a group, or a community.
(L) "Person" includes, without limitation, a natural person, a corporation, whether nonprofit or for profit, a partnership, a limited liability company, an unincorporated society or association, or two or more persons having a joint or common interest.
(M) "Representative of the board" means an employee of the board or an individual designated by the board to act on its behalf.
(N) "Unauthorized practice" means engaging in activities for which licensure or certification is required under Chapter 4723. of the Revised Code without holding a current, valid license or certificate to engage in such activity.

Unauthorized practice shall not be construed to prevent any person registered, certified, licensed, or otherwise legally authorized in this state under any law from engaging in the practice for which such person is registered, certified, licensed, or authorized. Individuals "legally authorized" includes, but is not limited to, individuals authorized according to section 3313.713 of the Revised Code, DODD personnel authorized according to sections 5123.41 to 5123.47 of the Revised Code, and individuals authorized according to Title 47 of the Revised Code.

Ohio Admin. Code 4723-3-01

Five Year Review (FYR) Dates: 10/5/2022 and 10/05/2027
Promulgated Under: 119.03
Statutory Authority: 4723.07, 4723.69, 4723.88
Rule Amplifies: 4723.
Prior Effective Dates: 01/01/1971, 08/01/1983, 06/14/1988 (Emer.), 09/25/1988, 04/01/1991, 04/01/1993, 02/01/1996, 04/01/1997, 04/01/1998, 04/01/1999, 02/01/2001, 02/01/2003, 02/01/2004, 02/01/2008, 02/01/2013, 01/01/2018
Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/12/2017 and 10/11/2022
Promulgated Under: 119.03
Statutory Authority: 4723.07, 4723.69, 4723.88
Rule Amplifies: 4723.
Prior Effective Dates: 01/01/1971, 08/01/1983, 06/14/1988 (Emer.), 09/25/1988, 04/01/1991, 04/01/1993, 02/01/1996, 04/01/1997, 04/01/1998, 04/01/1999, 02/01/2001, 02/01/2003, 02/01/2004, 02/01/2008, 02/01/2013