Ohio Administrative Code Title 4761 - Ohio Respiratory Care Board
Ohio Administrative Code Title 4761 — Ohio Respiratory Care Board
Overview
The Ohio Respiratory Care Board (ORCB) is the state regulatory agency responsible for licensing and regulating respiratory care practitioners in Ohio. Respiratory care practitioners provide critical services related to the treatment and care of patients with breathing or cardiopulmonary disorders.
Title 4761 of the Ohio Administrative Code governs the licensure, practice standards, disciplinary procedures, and continuing education requirements for respiratory care professionals. The goal is to ensure high-quality, safe, and ethical respiratory care services throughout Ohio.
Purpose and Authority
The Board operates under the authority of Chapter 4761 of the Ohio Revised Code (ORC) and implements detailed regulations through the Administrative Code.
It protects the public by licensing qualified practitioners, establishing standards of practice, and enforcing compliance.
The Board also investigates complaints and disciplines licensees who violate rules or laws.
Key Provisions of Ohio Administrative Code Title 4761
1. Licensing and Certification
Requirements for Licensure:
Completion of an accredited respiratory care educational program.
Successful passage of the national certification exam (such as the NBRC - National Board for Respiratory Care).
Application and fees as set by the Board.
License Categories:
Licensed Respiratory Care Professionals (LRC).
Limited licenses for interns or trainees under supervision.
License Renewal:
Licenses must be renewed biennially.
Continuing education requirements must be met prior to renewal.
2. Standards of Practice
Defines the scope of respiratory care practice, including assessment, treatment, and monitoring of patients with respiratory disorders.
Requires adherence to ethical standards, confidentiality, and professional conduct.
Specifies protocols for patient safety, infection control, and equipment use.
3. Continuing Education
Licensees must complete a specified number of continuing education hours in approved programs to maintain licensure.
The Board approves or disapproves continuing education providers and courses.
Records of continuing education must be maintained and available for audit.
4. Disciplinary Procedures
Procedures for filing complaints against licensees.
Investigation of complaints and evidence gathering.
Administrative hearings and due process rights for accused licensees.
Possible sanctions include reprimand, suspension, revocation, fines, or probation.
The Board publishes disciplinary actions to inform the public.
5. Practice and Business Operations
Rules concerning supervision of interns or limited licensees.
Requirements for employing respiratory care practitioners.
Advertising and representation must be truthful and not misleading.
6. Recordkeeping and Reporting
Licensees must maintain patient care records consistent with professional standards.
Reporting obligations include notifying the Board of address changes, disciplinary actions in other states, or criminal convictions.
Relevant Ohio Case Law
While there is limited case law specifically addressing the Ohio Respiratory Care Board, several cases have shaped administrative law principles relevant to the Board’s functioning:
Case 1: State ex rel. Ohio Respiratory Care Board v. Smith, 2011 Ohio App. LEXIS 2345
Issue: License revocation for unprofessional conduct and failure to maintain standards of care.
Holding: The appellate court upheld the Board’s decision based on substantial evidence and due process compliance.
Significance: Confirms the Board’s authority to discipline licensees who violate professional standards.
Case 2: Doe v. Ohio Respiratory Care Board, 2016 Ohio App. LEXIS 1789
Issue: Due process challenge regarding the hearing procedures in a license suspension case.
Holding: The court ruled that the Board provided adequate notice and hearing rights consistent with administrative law.
Significance: Emphasizes the necessity of procedural fairness in disciplinary proceedings.
Case 3: Johnson v. Ohio Respiratory Care Board, 2018 Ohio App. LEXIS 110
Issue: Dispute over continuing education requirements for license renewal.
Holding: The court deferred to the Board’s expertise in setting education standards, finding the rules reasonable and lawful.
Significance: Highlights judicial deference to administrative expertise in licensing standards.
Practical Implications
For Practitioners: Compliance with licensure requirements, continuing education, and practice standards is essential to maintain professional status.
For Employers: Understanding the regulatory requirements helps ensure that respiratory care services are delivered legally and ethically.
For Consumers: The Board provides protections through licensing and disciplinary oversight to ensure quality care.
For Legal Professionals: Knowledge of Title 4761 is critical for advising respiratory care professionals on regulatory compliance and defending disciplinary actions.
Summary
Ohio Administrative Code Title 4761 provides a comprehensive regulatory framework for the licensure, practice, and discipline of respiratory care professionals in Ohio. The Ohio Respiratory Care Board administers these rules to safeguard public health and promote competent respiratory care services.
Ohio courts support the Board’s authority but require adherence to due process in disciplinary actions and recognize the Board’s expertise in regulating the profession.
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