4723-9-06 Standards and procedures for obtaining an initial certificate to prescribe.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Board of Nursing

Agency Name

 

Joe Kirk

Division                                                                  Contact

 

17 South High Street Suite 400 Columbus OH 43215-7410

614-466-6940

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

4723-9-06

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Standards and procedures for obtaining an initial certificate to

prescribe.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB303               General Assembly: 129           Sponsor: Schuring

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 4723.50

5.  Statute(s) the rule, as filed, amplifies or implements: 4723.47, 4723.48, 4723.482, 4723.484, 4723.50

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being filed according to the enactment of House Bill 303 of the 129th General Assembly.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule deals with standards and procedures for obtaining an initial certificate to prescribe. The website location of a required form has been cited in the rule.

Grammatical changes have been made to make the rule easier to understand, and obsolete portions have been deleted. Language related to physician documentation is deleted according changes made by House Bill 303.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The rule states that the materials are available to the public at http://www.nursing.ohio.gov/forms.htm.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

The material referenced is a form that is readily available on a public website. Forms contain data (e.g., calendar dates, references to statutes) that are updated from time to time, and it is infeasible, and not a good use of state resources, to file new rules and hold public rule hearings, each time changes are made to forms. In addition, some forms referenced are representative samples, as the forms used by individuals are mailed to them directly and contain secure passwords to access and file the form on the Ohio eLicense Center electronic database, and it is infeasible to attach forms containing personal identifiers to public rule filings.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each

specific paragraph of the rule that has been modified:

The rule is revised to include the latest revision date for forms incorporated by reference in paragraphs (A)(1) and (B).

12. 119.032 Rule Review Date: 10/15/2015

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

Not applicable.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Not applicable.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component

dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

The rule deals with standards and procedures for obtaining an initial certificate to prescribe for an advanced practice registered nurse.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Non compliance with the rule would result in the application for an initial certificate to prescribe being denied.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

To obtain an initial certificate to prescribe, applicants are required to submit a fee and documentation.