Ohio Code 4723.44 – Unauthorized practice
(A) No person shall knowingly do any of the following unless the person holds a current, valid license issued by the board of nursing under this chapter to practice nursing as an advanced practice registered nurse in the specialty indicated by the designation:
Terms Used In Ohio Code 4723.44
- Advanced practice registered nurse: means an individual who holds a current, valid license issued under this chapter 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. See Ohio Code 4723.01
- Certified nurse practitioner: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a certified nurse practitioner in accordance with section 4723. See Ohio Code 4723.01
- Certified nurse-midwife: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a certified nurse-midwife in accordance with section 4723. See Ohio Code 4723.01
- Certified registered nurse anesthetist: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a certified registered nurse anesthetist in accordance with section 4723. See Ohio Code 4723.01
- Clinical nurse specialist: means an advanced practice registered nurse who holds a current, valid license issued under this chapter and is designated as a clinical nurse specialist in accordance with section 4723. See Ohio Code 4723.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nursing specialty: means a specialty in practice as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner. See Ohio Code 4723.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 4723.01
- Practice of nursing as an advanced practice registered nurse: means providing to individuals and groups nursing care that requires knowledge and skill obtained from advanced formal education, training, and clinical experience. See Ohio Code 4723.01
- Registered nurse: means an individual who holds a current, valid license issued under this chapter that authorizes the practice of nursing as a registered nurse. See Ohio Code 4723.01
- Standard care arrangement: means a written, formal guide for planning and evaluating a patient's health care that is developed by one or more collaborating physicians or podiatrists and a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner and meets the requirements of section 4723. See Ohio Code 4723.01
- state: means the state of Ohio. See Ohio Code 1.59
(1) Engage in the practice of nursing as an advanced practice registered nurse for a fee, salary, or other consideration, or as a volunteer;
(2) Represent the person as being an advanced practice registered nurse, including representing the person as being a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(3) Use any title or initials implying that the person is an advanced practice registered nurse, including using any title or initials implying the person is a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner.
(B) No advanced practice registered nurse shall knowingly do any of the following:
(1) Engage, for a fee, salary, or other consideration, or as a volunteer, in the practice of a nursing specialty other than the specialty designated on the nurse’s current, valid license issued by the board under this chapter to practice nursing as an advanced practice registered nurse;
(2) Represent the person as being authorized to practice any nursing specialty other than the specialty designated on the current, valid license to practice nursing as an advanced practice registered nurse;
(3) Use the title “certified registered nurse anesthetist” or the initials “N.A.” or “C.R.N.A.,” the title “clinical nurse specialist” or the initials “C.N.S.,” the title “certified nurse-midwife” or the initials “C.N.M.,” the title “certified nurse practitioner” or the initials “C.N.P.,” the title “advanced practice registered nurse” or the initials “A.P.R.N.,” or any other title or initials implying that the nurse is authorized to practice any nursing specialty other than the specialty designated on the nurse’s current, valid license to practice nursing as an advanced practice registered nurse;
(4) Except as provided in division (A)(2)(c) of section 4723.431 of the Revised Code, enter into a standard care arrangement with a physician or podiatrist who is practicing in a specialty that is not the same as or similar to the nurse’s nursing specialty;
(5) Prescribe drugs or therapeutic devices in a manner that does not comply with section 4723.481 of the Revised Code;
(6) Prescribe any drug or device to perform or induce an abortion, or otherwise perform or induce an abortion.
(C) No person shall knowingly employ a person to engage in the practice of nursing as an advanced practice registered nurse unless the person so employed holds a current, valid license and designation issued by the board under this chapter to practice as an advanced practice registered nurse in the specialty indicated by the designation.
(D) A document certified by the executive director of the board, under the official seal of the board, to the effect that it appears from the records of the board that no license to practice nursing as an advanced practice registered nurse has been issued to the person specified in the document, or that a license to practice nursing as an advanced practice registered nurse, if issued, has been revoked or suspended, shall be received as prima-facie evidence of the record of the board in any court or before any officer of the state.