Current through all regulations passed and filed through September 16, 2024
(A) The board, by a
vote of a quorum, may impose a fine of not more than five hundred dollars per
violation; or deny a certificate, revoke, suspend or place restrictions on a
certificate, reprimand or otherwise discipline an applicant or certificate
holder found by the board to have committed fraud in passing an examination
required to obtain the certificate or to have committed fraud,
misrepresentation, or deception in applying for or securing a medication aide
certificate issued by the board.
(B) The board, by a vote of a quorum, may
impose one or more of the following sanctions: deny, revoke, suspend, or place
restrictions on any medication aide certificate issued by the board; reprimand
or otherwise discipline a holder of a medication aide certificate; or impose a
fine of not more than five hundred dollars per violation. The sanctions may be
imposed for any of the following:
(1) Denial,
revocation, suspension, or restriction of authority to engage in a licensed
profession or practice a health care occupation, in Ohio or another state or
jurisdiction, including but not limited to nursing, practice as a dialysis
technician, nurse aide, community health care worker or medication aide, for
any reason other than a failure to renew;
(2) Administering medications as a certified
medication aide, having failed to renew a medication aide certificate issued
under this chapter, or while a medication aide certificate is under suspension
or inactive;
(3) Conviction of, a
plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of eligibility
for a pretrial diversion or similar program or for intervention in lieu of
conviction for, of a misdemeanor committed in the course of practice;
(4) Conviction of, a plea of guilty to, a
judicial finding of guilt of, a judicial finding of guilt resulting from a plea
of no contest to, or a judicial finding of eligibility for a pretrial diversion
or similar program or for intervention in lieu of conviction for, any felony or
of any crime involving gross immorality or moral turpitude;
(5) Selling, giving away, or administering
drugs or therapeutic devices for other than legal and legitimate therapeutic
purposes; or conviction of, a plea of guilty to, a judicial finding of guilt
of, a judicial finding of guilt resulting from a plea of no contest to, or a
judicial finding of eligibility for a pretrial diversion or similar program or
for intervention in lieu of conviction for, violating any municipal, state,
county, or federal drug law;
(6)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial
finding of guilt resulting from a plea of no contest to, or a judicial finding
of eligibility for a pretrial diversion or similar program or for intervention
in lieu of conviction for, an act in another jurisdiction that would constitute
a felony or a crime of moral turpitude in Ohio;
(7) Conviction of, a plea of guilty to, a
judicial finding of guilt of, a judicial finding of guilt resulting from a plea
of no contest to, or a judicial finding of eligibility for a pretrial diversion
or similar program or for intervention in lieu of conviction for, an act in the
course of practice in another jurisdiction that would constitute a misdemeanor
in Ohio;
(8) Self-administering or
otherwise taking into the body any dangerous drug, as defined in section
4729.01 of the Revised Code, in
any way not in accordance with a legal, valid prescription issued for that
individual, or self-administering or otherwise taking into the body any drug
that is a schedule I controlled substance;
(9) Habitual or excessive use of controlled
substances, other habit-forming drugs, or alcohol or other chemical substances
to an extent that impairs the individual's ability to comply with standards of
safe medication administration established in rule
4723-27-02 of the Administrative
Code;
(10) Impairment of the
ability to comply with standards of safe medication administration established
in rule 4723-27-02 of the Administrative
Code because of the use of drugs, alcohol, or other chemical
substances;
(11) Impairment of the
ability to comply with standards of safe medication administration established
in rule 4723-27-02 of the Administrative
Code because of a physical or mental disability;
(12) Assaulting or causing harm to a resident
or depriving a resident of the means to summon assistance;
(13) Misappropriation or attempted
misappropriation of money or anything of value in the course of
practice;
(14) Adjudication by a
probate court of being mentally ill or mentally incompetent.
The board may restore the person's medication aide certificate
upon adjudication by a probate court of the person's restoration to competency
or upon submission to the board of other proof of competency;
(15) The suspension or termination of
employment by the department of defense or the veterans administration of the
United States for any act that violates or would violate this
chapter;
(16) Violation of Chapter
4723. of the Revised Code or any rules adopted under it;
(17) Violation of any restrictions placed on
a medication aide certificate by the board;
(18) Failure to use universal and standard
precautions including those set forth in Chapter 4723-20 of the Administrative
Code;
(19) Engaging in activities
that exceed those permitted under sections
4723.61 to
4723.69 of the Revised Code or
this chapter;
(20) Failure by a
certified medication aide to conform to the standards of safe medication
administration established in rule
4723-27-02 of the Administrative
Code.
(21) Aiding and abetting a
person in that person's practice of nursing without a license, or practice as a
dialysis technician or certified medication aide without a certificate issued
under this chapter;
(22) Regardless
of whether the contact or verbal behavior is consensual, engaging with a
resident other than the spouse of the certified medication aide in any of the
following:
(a) Sexual contact, as defined in
section 2907.01 of the Revised
Code;
(b) Verbal behavior that is
sexually demeaning to the resident or may be reasonably interpreted by the
resident as sexually demeaning.
(23) Assisting suicide as defined in section
3795.01
of the Revised Code.
(C)
The hearings of the board shall be conducted in accordance with Chapter 119. of
the Revised Code and Chapter 4723-16 of the Administrative Code. The board may
appoint a hearing examiner, as provided in section
119.09 of the Revised Code, or a
board committee, to conduct any hearing the board is authorized to hold under
Chapter 119. of the Revised Code.
(D) In any instance in which the board is
required under Chapter 119. of the Revised Code to give notice of an
opportunity for a hearing and the applicant or certificate holder does not make
a timely request for a hearing in accordance with section
119.07 of the Revised Code:
(1) 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; and
(2) In the
final order, the board may order any of the sanctions listed in paragraph (A)
or (B) of this rule.
(E) If a criminal action is brought against a
certified medication aide for an act or crime described in paragraphs (B)(3) to
(B)(7) of this rule and the action is dismissed by the trial court other than
on the merits:
(1) The board shall conduct an
adjudication to determine whether the certified medication aide committed the
act upon which the action was based.
(2) If the board determines on the basis of
the adjudication that the certified medication aide committed the act, or if
the certified medication aide fails to participate in the adjudication, the
board may take action as though the certified medication aide had been
convicted of the act.
(F) If the board takes action on the basis of
a conviction, plea, or a judicial finding as described in paragraphs (B)(3) to
(B)(7) of this rule that is overturned on appeal, the certified medication aide
may, on exhaustion of the appeal process, petition the board for
reconsideration of its action.
(1) On receipt
of the petition and supporting court documents, the board shall temporarily
rescind its action.
(2) If the
board determines that the decision on appeal was a decision on the merits, it
shall permanently rescind its action.
(3) If the board determines that the decision
on appeal was not a decision on the merits, it shall conduct an adjudication to
determine whether the certified medication aide committed the act on which the
original conviction, plea, or judicial finding was based.
(a) If the board determines on the basis of
the adjudication that the certified medication aide committed such act, or if
the certified medication aide does not request an adjudication, the board shall
reinstate its action;
(b) If the
board determines that the certified medication aide did not commit such act,
the board shall permanently rescind its action.
(G) The board may investigate an individual's
criminal background in performing its duties under this rule and sections
4723.61 to
4723.69 of the Revised Code. As
part of such investigation, the board may order the individual to submit, at
the individual's expense, a request to the bureau of criminal identification
and investigation for a criminal records check and check of federal bureau of
investigation records in accordance with the procedure described in section
4723.091 of the Revised
Code.
(H) During the course of an
investigation authorized by section
4723.652 of the Revised Code,
the board may compel any certified medication aide or applicant under sections
4723.61 to
4723.69 of the Revised Code to
submit to a mental or physical examination, or both, as required by the board
and at the expense of the individual, if the board finds reason to believe that
the individual under investigation may have a physical or mental impairment
that may affect the individual's ability to safely administer prescribed
medication. Failure of any individual to submit to a mental or physical
examination when directed constitutes an admission of the allegations, unless
the failure is due to circumstances beyond the individual's control, and a
default and final order may be entered without the taking of testimony or
presentation of evidence.
(I) If
the board finds that an individual is impaired in accordance with paragraph (H)
of this rule, the board shall require the individual to submit to care,
counseling, or treatment approved or designated by the board, as a condition
for initial, continued, reinstated, or renewed certificate to administer
prescribed medication.
(1) The individual
shall be afforded an opportunity to demonstrate to the board that the
individual can begin or resume the administration of prescribed medication in
accordance with the standards established under rule
4723-27-02 of the Administrative
Code.
(2) For purposes of this
paragraph, any certified medication aide or applicant under this rule shall be
deemed to have given consent to submit to a mental or physical examination when
directed to do so in writing by the board, and to have waived all objections to
the admissibility of testimony or examination reports that constitute a
privileged communication.
(J) The provisions of division (I) of section
4723.28 of the Revised Code
apply to information, investigations and adjudications involving certified
medication aides or applicants under sections
4723.61 to
4723.69 of the Revised Code and
this chapter.
(K) The provisions of
section 4723.29 of the Revised Code
apply with respect to any matter that the board has authority to investigate,
inquire into, or hear under sections
4723.61 to
4723.69 of the Revised Code and
this chapter.
(L) When the board
refuses to grant a medication aide certificate to an applicant, revokes a
certificate, or refuses to reinstate a certificate, the board may specify that
its action is permanent. An individual subject to permanent action taken by the
board is forever ineligible to hold a medication aide certificate and the board
shall not accept from the individual an application for reinstatement of the
certificate or for a new certificate.
(M) No unilateral surrender of a medication
aide certificate issued under Chapter 4723. of the Revised Code shall be
effective unless accepted by majority vote of the board. No application for a
medication aide certificate issued under Chapter 4723. of the Revised Code may
be withdrawn without a majority vote of the board. The board's jurisdiction to
take disciplinary action is not removed or limited when an individual has a
certificate classified as inactive or fails to renew a certificate.
Effective: 7/1/2017
Five Year Review
(FYR) Dates: 04/11/2017 and
12/19/2021
Promulgated
Under: 119.03
Statutory Authority: 4723.69
Rule
Amplifies: 4723.61, 4723.64, 4723.65, 4723.651, 4723.652, 4723.653, 4723.66,
4723.67, 4723.68, 4723.69
Prior Effective Dates: 2/1/06 (Emer.),
5/1/06, 2/1/12
