Ohio Nurse - June 2021

Page 16 Ohio Nurse June 2021
CONTINUING EDUCATION
Mobilization Myths: Ohio Nursing Law on Interstate Practice
Disclosures
This study was developed by Jessica Dzubak,
MSN, RN, NPD-BC and Brittany Turner, MSN,
RN, CNEcl.
There is no conflict of interest among anyone
with the ability to control content for this activity.
1.0 Category A contact hour will be awarded
with successful completion of this activity.
Criteria for Successful Completion: Read entire
article, complete knowledge check questions,
pass post-test with a score of 80% or greater,
and complete evaluation.
Exp. Date: 5/1/2023
The Ohio Nurses Association is accredited as
a provider of nursing continuing professional
development by the American Nurses
Credentialing Center’s Commission on
Accreditation. (OBN-001-91)
as when taking a travel assignment or temporarily
practicing in another state during an emergency.
This study will review these concepts and explain
the current facts, including rules and regulations for
Ohio nurses around mobilization.
Overview
In a 2020 statement, the Ohio Board of Nursing said:
“The Ohio Board of Nursing (Board) recognizes
that an adequate and safe nursing workforce is
vital during times of emergencies, including the
current COVID-19 pandemic; and the Board is
aware of the importance of increasing the mobility
of nurses in a safe and effective manner.” (Ohio
Board of Nursing, 2020)
When hospitals and care facilities are inundated
with a surge of patients during a state of emergency,
more staff are needed. As we’ve seen with the
COVID-19 pandemic, when hospitals are experiencing
this surge and experiencing a large number of nursing
staff ill, the results can be catastrophic.
To fully understand Ohio statute related to
mobilization, a working knowledge of the Ohio law and
rule structure is required.
regarding proposed rule changes, and there is a
formal process involving the Joint Committee for
Agency Rule Review (JCARR) before any rule is
changed, added, or removed. The Ohio Nurses
Association (ONA) has a seat at the table for all rule
review meetings and contributes input as needed.
ORC and the Mobilization of Nurses
Myth or Fact: Only states with a compact license
allow nurses from out of state to help during a declared
emergency, such as the COVID-19 pandemic.
MYTH
A compact, or multi-state, license is not required
for non-Ohio nurses to enter the state and practice
during a declared emergency.
To combat the potential staffing issues related to
public health emergencies and natural disasters, the
Ohio Revised Code (ORC) permits efficient mobilization
of nurses from other states on a temporary basis under
declared emergency circumstances.
ORC 4723.32(G)(7) states:
This chapter does not prohibit any of the following:
Among many other things the pandemic has
taught us, the COVID-19 crisis demonstrated the
importance of disaster preparedness, healthcare
professional mobility, and surge staffing plans. Many
nurses are unaware of the provisions within the Ohio
Nurse Practice Act, Ohio Revised Code Chapter
4723, regarding the mobilization of nurses during
declared emergencies. There are common myths
and misconceptions about what is required for nurses
to obtain nursing licenses in multiple states, such
Scan this code and contact us to
learn more about what we can do
to defend your nursing license.
Graff & McGovern, LPA
Attorneys & Counselors
at Law
604 E. Rich Street, Columbus, Ohio 43215
www.graffmcgovern.com | 614-228-5800
What does Ohio nursing law & rule mean to
you? Have you ever looked at Ohio nursing law &
rule before? Where can you find this information?
What is the Ohio Revised Code?
The Ohio Revised Code (ORC) is the set of laws
passed by the legislature for the state of Ohio.
Chapter 4723, titled Nurses, is the Ohio Nurse
Practice Act – the laws that all licensed nurses in
the state must follow. All nurses with an Ohio license
or who are being mobilized into Ohio must review
the ORC to be familiar with laws, regulations, and
requirements for practicing nursing in Ohio. Failure to
practice in accordance with these laws may result in
disciplinary or legal action.
What is the Ohio Administrative Code?
The Ohio Administrative Code (OAC) is the set
of rules describing how the laws (ORC) are to be
carried out. Similar to the ORC, the nurses section of
the Ohio Administrative Code is also 4723. The Ohio
Board of Nursing is directly responsible for reviewing,
revising, and adding to the nursing rules in OAC
4723. The Board hosts interested party meetings
and public rules hearings to allow for public comment
(G) The activities of an individual who currently
holds a license to practice nursing or equivalent
authorization from another jurisdiction, but only
if the individual’s activities are limited to those
activities that the same type of nurse may
engage in pursuant to a license issued under
this chapter, the individual’s authority to practice
has not been revoked, the individual is not
currently under suspension or on probation, the
individual does not represent the individual as
being licensed under this chapter, and one of the
following is the case:
(7) The individual is providing nursing care
during any disaster, natural or otherwise,
that has been officially declared to be a
disaster by a public announcement issued
by an appropriate federal, state, county, or
municipal official;
In other words, licensed nurses from other states,
whose licenses are in good standing, may practice
nursing in a similar fashion in the state of Ohio
during a declared emergency, such as the COVID-19
pandemic.
From the Ohio Board of Nursing (2020):