Ohio Code 4723.68 – Limitation of liability of delegating nurse or person reporting medication error
(A) A registered nurse, or licensed practical nurse acting at the direction of a registered nurse, who delegates medication administration to a medication aide who holds a current, valid medication aide certificate issued under this chapter is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly arises from an action or omission of the medication aide in performing the medication administration, if the delegating nurse delegates the medication administration in accordance with this chapter and the rules adopted under this chapter.
Terms Used In Ohio Code 4723.68
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Licensed practical nurse: means an individual who holds a current, valid license issued under this chapter that authorizes the practice of nursing as a licensed practical nurse. See Ohio Code 4723.01
- Medication aide: means an individual who holds a current, valid certificate issued under this chapter that authorizes the individual to administer medication in accordance with section 4723. See Ohio Code 4723.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- 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
(B) A person employed by a nursing home, residential care facility, or ICF/IID that uses medication aides pursuant to section 4723.64 of the Revised Code who reports in good faith a medication error at the nursing home, residential care facility, or ICF/IID is not subject to disciplinary action by the board of nursing or any other government entity regulating that person’s professional practice and is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly results from reporting the medication error.