Section 4723-5-12 - Program policies(A) The administrator of the program and the faculty shall establish and implement written policies for the following:(2) Student readmission, including a requirement that the readmitted student meet the curriculum requirements effective at the time of readmission;(3) The process for determining the amount of credit to be granted to an applicant for advanced standing in a program; For individuals with experience in the armed forces of the United States, or in the national guard or in a reserve component, the program shall have a process in place to:
(a) Review the individual's military education and skills training;(b) Determine whether any of the military education or skills training is substantially equivalent to the curriculum established in Chapter 4723-5 of the Administrative Code;(c) Award credit to the individual for any substantially equivalent military education or skills training;(4) Student progression, which shall include the following:(a) The level of achievement a student must maintain in order to remain in the program or to progress from one level to another; and(b) The requirements for satisfactory completion of each course required in the nursing curriculum;(5) Requirements for completion of the program;(6) Payment of fees, expenses, and refunds associated with the program;(7) Procedures for student illness in the classroom and clinical settings;(8) Availability of student guidance and counseling services;(9) Process for students filing grievances and appeals;(10) A description of faculty responsibilities related to the supervision of students in accordance with section 4723.32 of the Revised Code and rule 4723-5-20 of the Administrative Code;(11) Periodic evaluation by the faculty of each nursing student's progress in each course and in the program; and(12) Procedures for notifying students of changes in program policies.(B) The program shall not implement changes to policies or requirements for student progression, or requirements for completion of the program, regarding students enrolled in the program at the time the changes are adopted.(C) In addition to the policies required in paragraph (A) of this rule, the program administrator and faculty shall implement policies related to student conduct that incorporate the standards for safe nursing care set forth in Chapter 4723. of the Revised Code and the rules adopted under that chapter, including, but not limited to the following: (1) A student shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the student for the patient, and the patient's response to that care.(2) A student shall, in an accurate and timely manner, report to the appropriate practitioner errors in or deviations from the current valid order.(3) A student shall not falsify any patient record or any other document prepared or utilized in the course of, or in conjunction with, nursing practice. This includes, but is not limited to, case management documents or reports, time records or reports, and other documents related to billing for nursing services.(4) A student shall implement measures to promote a safe environment for each patient.(5) A student shall delineate, establish, and maintain professional boundaries with each patient.(6) At all times when a student is providing direct nursing care to a patient the student shall: (a) Provide privacy during examination or treatment and in the care of personal or bodily needs; and(b) Treat each patient with courtesy, respect, and with full recognition of dignity and individuality.(7) A student shall practice within the appropriate scope of practice as set forth in division (B) of section 4723.01 and division (B)(20) of section 4723.28 of the Revised Code for a registered nurse, and division (F) of section 4723.01 and division (B)(21) of section 4723.28 of the Revised Code for a practical nurse;(8) A student shall use universal and standard precautions established by Chapter 4723-20 of the Administrative Code;(9) A student shall not: (a) Engage in behavior that causes or may cause physical, verbal, mental, or emotional abuse to a patient;(b) Engage in behavior toward a patient that may reasonably be interpreted as physical, verbal, mental, or emotional abuse.(10) A student shall not misappropriate a patient's property or: (a) Engage in behavior to seek or obtain personal gain at the patient's expense;(b) Engage in behavior that may reasonably be interpreted as behavior to seek or obtain personal gain at the patient's expense;(c) Engage in behavior that constitutes inappropriate involvement in the patient's personal relationships; or(d) Engage in behavior that may reasonably be interpreted as inappropriate involvement in the patient's personal relationships. For the purpose of this paragraph, the patient is always presumed incapable of giving free, full, or informed consent to the behaviors by the student set forth in this paragraph.
(11) A student shall not: (a) Engage in sexual conduct with a patient;(b) Engage in conduct in the course of practice that may reasonably be interpreted as sexual;(c) Engage in any verbal behavior that is seductive or sexually demeaning to a patient;(d) Engage in verbal behavior that may reasonably be interpreted as seductive, or sexually demeaning to a patient. For the purpose of this paragraph, the patient is always presumed incapable of giving free, full, or informed consent to sexual activity with the student.
(12) A student shall not, regardless of whether the contact or verbal behavior is consensual, engage with a patient other than the spouse of the student in any of the following: (a) Sexual contact, as defined in section 2907.01 of the Revised Code;(b) Verbal behavior that is sexually demeaning to the patient or may be reasonably interpreted by the patient as sexually demeaning.(13) A student shall not self-administer or otherwise take into the body any dangerous drug, as defined in section 4729.01 of the Revised Code, in any way not in accordance with a legal, valid prescription issued for the student, or self-administer or otherwise take into the body any drug that is a schedule I controlled substance.(14) A student shall not habitually or excessively use controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs ability to practice.(15) A student shall not have impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of the use of drugs, alcohol, or other chemical substances.(16) A student shall not have impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of a physical or mental disability.(17) A student shall not assault or cause harm to a patient or deprive a patient of the means to summon assistance.(18) A student shall not misappropriate or attempt to misappropriate money or anything of value by intentional misrepresentation or material deception in the course of practice.(19) A student shall not have been adjudicated by a probate court of being mentally ill or mentally incompetent, unless restored to competency by the court.(20) A student shall not aid and abet a person in that person's practice of nursing without a license, practice as a dialysis technician without a certificate issued by the board, or administration of medications as a medication aide without a certificate issued by the board.(21) A student shall not prescribe any drug or device to perform or induce an abortion, or otherwise perform or induce an abortion.(22) A student shall not assist suicide as defined in section 3795.01 of the Revised Code.(23) A student shall not submit or cause to be submitted any false, misleading or deceptive statements, information, or document to the nursing program, its administrators, faculty, teaching assistants, preceptors, or to the board.(24) A student shall maintain the confidentiality of patient information. The student shall communicate patient information with other members of the health care team for health care purposes only, shall access patient information only for purposes of patient care or for otherwise fulfilling the student's assigned clinical responsibilities, and shall not disseminate patient information for purposes other than patient care or for otherwise fulfilling the student's assigned clinical responsibilities through social media, texting, emailing or any other form of communication.(25) To the maximum extent feasible, identifiable patient health care information shall not be disclosed by a student unless the patient has consented to the disclosure of identifiable patient health care information. A student shall report individually identifiable patient information without written consent in limited circumstances only and in accordance with an authorized law, rule, or other recognized legal authority.(26) For purposes of paragraphs (C)(5), (C)(6), (C)(9), (C)(10), (C)(11) and (C)(12) of this rule, a student shall not use social media, texting, emailing, or other forms of communication with, or about a patient, for non-health care purposes or for purposes other than fulfilling the student's assigned clinical responsibilities.Ohio Admin. Code 4723-5-12
Effective: 2/1/2022
Five Year Review (FYR) Dates: 10/14/2021 and 10/16/2026
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06
Prior Effective Dates: 02/01/1996, 04/01/1997, 02/01/2002, 02/01/2004, 02/01/2007, 02/01/2008, 02/01/2012, 02/01/2014