Current through all regulations passed and filed through September 16, 2024
(A) The purpose of
this chapter is to establish minimal acceptable standards of safe and effective
care provided by community health workers holding a certificate issued by the
board of nursing pursuant to Chapter 4723. of the Revised Code.
(B) A community health worker shall maintain
knowledge of the duties, responsibilities, and accountabilities of a community
health worker and shall practice in accordance with the following:
(1) Laws regulating the provision of care by
a community health worker as set forth in Chapter 4723. of the Revised
Code;
(2) Rules adopted by the
board in accordance with Chapter 119. of the Revised Code; and
(3) Any other applicable state or federal
laws and rules.
(C) A
community health worker shall perform nursing tasks in accordance with sections
4723.81 and
4723.82 of the Revised Code,
only as delegated and supervised by a registered nurse holding a current, valid
license issued by the board under Chapter 4723. of the Revised Code.
(D) A community health worker shall
demonstrate competence and accountability in performing nursing tasks as
delegated by a registered nurse, including, but not limited to, the following:
(1) Consistent performance of nursing tasks
as delegated by a registered nurse; and
(2) Consulting with the supervising nurse in
a timely manner to facilitate referral, consultation, or intervention when a
community health worker identifies factors or conditions adversely affecting,
or potentially affecting, a patient's health status.
(E) A community health worker shall, in a
timely manner:
(1) Perform the nursing tasks
as delegated by a registered nurse, unless the community health worker believes
or should have reason to believe any of the following:
(a) Performing the nursing task would be
harmful or potentially harmful to the patient;
(b) The nursing task is contraindicated by
other documented information; or
(c) The nursing task has not been properly
authorized.
(2) Clarify
the direction received from the delegating nurse if the community health worker
believes, or should have reason to believe, any of the following:
(a) Performing the nursing task would be
harmful or potentially harmful to the patient;
(b) The nursing task is contraindicated by
other documented information;
(c)
The nursing task has not been properly authorized; or
(d) The condition of the
patient
has changed.
(F) When clarifying a nursing task the
community health worker shall, in a timely manner:
(1) Consult with the supervising registered
nurse to explain the cause of concern;
(2) Advise the supervising registered nurse
if the community health worker decides not to perform the nursing
task;
(3) Document that the
supervising registered nurse was advised of the community health worker's
decision not to perform the nursing task as delegated; and
(4) Take any other actions needed to assure
the safety of the patient.
(G) A community health worker shall, in a
timely manner, document, report to, and consult with, the supervising
registered nurse when a patient refuses to follow the health care
regimen.
(H) A community health
worker shall maintain the confidentiality of patient
information obtained in the course of the community health worker's
duties and responsibilities. A community health worker shall communicate
patient
information to other members of the health care team for health care
purposes only, shall access patient information only
for purposes of patient care or for otherwise fulfilling the worker's assigned
job responsibilities, and shall not disseminate patient information for
purposes other than patient care or for otherwise fulfilling the worker's
assigned job responsibilities through social media, texting, emailing, or any
other form of communication.
(I) To the maximum extent feasible,
identifiable patient health care information shall not be disclosed
by a community health worker unless the patient has
consented to the disclosure of identifiable patient health
care information. A community health worker shall report individually
identifiable patient information without written consent in limited
circumstances only, and in accordance with an authorized law, rule, or other
recognized legal authority.
(J) A
community health worker shall do all of the following to promote
patient
safety:
(1) Display the applicable title
set forth in section 4723.82 of the Revised Code at
all times when providing direct patient care, or if interacting with a
patient, or health care provider on behalf of the
patient, through any form of telecommunication, the
community health worker shall identify their certification to the
patient
or healthcare provider;
(2) In a
timely manner, completely and accurately document and report all client data
obtained while performing nursing tasks delegated by the supervising registered
nurse, and the patient's response to the care;
(3) In a timely manner, completely and
accurately document and report to the supervising registered nurse all errors
in, or deviations from, the delegated nursing tasks;
(4) Not falsify any
patient
record or other document prepared in the course of, or in conjunction with, the
performance of delegated nursing tasks;
(5) Implement measures to promote a safe
environment for the patient including consulting with a supervising
registered nurse any time that the community health worker suspects
patient
abuse or neglect;
(6) Establish,
delineate, and maintain professional boundaries with each
patient;
(7) Refrain from all behavior that causes or
may cause physical, verbal, mental, or emotional abuse or distress to a
patient, or in behavior that may be reasonably
interpreted to cause physical, verbal, mental, or emotional abuse or
distress;
(8) Not misappropriate a
patient's property, engage in behavior to seek or
obtain, behavior that may reasonably be interpreted as seeking or obtaining,
personal gain at the patient's expense, or engage in behavior that
constitutes, or that may reasonably be interpreted as constituting,
inappropriate involvement in a patient's personal relationships or financial
matters;
(9) Not engage in sexual
conduct or in conduct that may reasonably be interpreted as sexual, or in any
verbal behavior that is seductive or sexually demeaning to a
patient, or in verbal behavior that may reasonably be
interpreted as seductive or sexually demeaning to a patient;
(10) Treat each patient with
courtesy, respect, and with full recognition of dignity and individuality;
and
(11) Provide each
patient
with privacy while performing delegated nursing tasks.
For purposes of paragraphs (J)(6) to (J)(9) of this rule, a
patient
is always considered to be incapable of giving free, full, or informed consent
to the actions of a community health worker.
(K) A community health worker shall not make
any false, misleading, or deceptive statements, or submit or cause to be
submitted any false, misleading or deceptive information or documentation to:
(1) The board or any representative of the
board;
(2) Current
employers;
(3) Prospective
employers when applying for positions requiring a community health worker
certificate;
(4) Facilities in
which, or organizations for whom, the community health worker is working a
temporary or agency assignment;
(5)
Other members of the patient's health care team; or
(6) Law enforcement personnel.
(L)
For
purposes of paragraphs (J)(6), (J)(7), (J)(8), (J)(9), and (J)(10) of this
rule, a certified community health worker shall not use social media, texting,
emailing, or other forms of telecommunication with, or about, a patient, for
non-health care purposes or for purposes other than fulfilling the worker's
assigned job responsibilities.
Five Year Review (FYR) Dates:
10/15/2014 and
10/15/2019
Promulgated
Under: 119.03
Statutory Authority: 4723.88
Rule
Amplifies: 4723.81, 4723.82
Prior Effective Dates: 02/01/2005,
02/01/2010, 02/01/2014
