4723-9-09 Standards of prescribing for nurses with a certificate to prescribe.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Board of Nursing

Agency Name

 

Cynthia Snyder

Division                                                                  Contact

 

17 South High Street Suite400 Columbus OH 43215-3413

614-995-4933        614-466-3947

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4723-9-09

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Standards  of  prescribing  for  nurses  with  a  certificate  to

prescribe.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

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: 4723.481

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

Five year review

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:

A new paragraph (C) is created to clarify and emphasize the required elements of a prescriber-patient relationship. A new paragraph (D) is proposed to emphasize that

a nurse with prescriptive authority may not prescribe for a family member or other person with whom the nurse has a personal relationship that might impair his or her ability to exercise detached professional judgment, except in an emergency situation. This change is to clarify the fact that this may happen only in an emergency, and not for regular or ongoing prescription needs. Other language changes are proposed for clarification and ease of reading.

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:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

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:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

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:

Paragraph (A)(3) is revised to reference section 4723.50 of the Revised Code in which the advanced practice nurse formulary is addressed.

Paragraph (B) is revised and sub-paragraphs (1) and (2) are eliminated. The language is revised to clarify that the prescriptive authority of an advanced practice nurse may not exceed the prescriptive authority of his/her collaborating physician, including any restrictions placed on the collaborating physician's prescriptive authority by the US Drug Enforcement Agency, or the State Medical Board.

In paragraph (H), references are made more specific.

12. 119.032 Rule Review Date: 10/14/2005

(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

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