Ohio Nurse - June 2021

June 2021 Ohio Nurse Page 17
“Ohio law authorizes nursing practice in emergencies
without an Ohio nursing license, including deployment
of licensed nurses from other states to Ohio during this
state and national emergency, as well as the deployment
of Ohio licensed nurses to similar declared emergency
areas. Specifically, the Nurse Practice Act, Section
4723.32(G)(7), Ohio Revised Code (ORC), allows nurses
who hold an active, valid license in another state to
practice in Ohio without an Ohio nursing license for the
duration of any declared disaster of this type, including
the current COVID-19 declared emergency.”
This provision eliminates the barrier of mobilizing
qualified nurses quickly when they are needed most.
Additionally, because of this exemption to the Ohio
Nurse Practice Act, programs like the nurse licensure
Compact are unnecessary to address disasterrelated
staffing concerns. The opportunity exists for
nurses to help in the state of Ohio without obtaining
a permanent license by endorsement or a multi-state
compact license. While there are time limitations to
this provision related to the emergency or disaster, it
addresses critical staffing needs efficiently in a time
of need.
An important thing to remember with regards to
emergency mobilization provisions is the right of
employers to refuse to hire nurses who do not have
full, permanent Ohio licenses. It is up to the employer
which nurses to hire, and law does not require them
to hire those with temporary licenses or out-of-state
licenses, even during an emergency.
Other Ways to Mobilize
In addition to the ORC provisions, the Ohio Board
of Nursing released the following information to
“encourage and facilitate Ohio participation by Ohio
nurses in disaster relief” (Ohio Board of Nursing,
2020).
OBN supports nurses’:
“...enrollment in the Medical Reserve Corp (MRC)/
Red Cross (ARC). The ARC verifies state license
status, provides emergency relief training, and
organizes deployment by matching a nurse’s area of
expertise to the area of need. The ARC has negotiated
reciprocal licensing agreements with each state, so
if nurses with active, valid licenses in one state are
activated through ARC, they are able to practice in
other states without having a license to practice in that
state.”
(Ohio Board of Nursing, 2020).
True emergencies and public health crises warrant
additional healthcare staff. Nurses should be aware
of the provisions available and understand the options
they have for assisting in a crisis. The ANA Code of
Ethics (2015) Provision 2 affirms that “the nurse’s
primary commitment is to the patient, whether an
individual, family, group, community, or population”
(ANA, 2015, p. v). The emergency provisions in Ohio
statute provide opportunities for nurses to carry out this
commitment in a safe, efficient, and organized way.
Professional Development Considerations
A key consideration for all mobilization efforts and
interstate practice is ensuring adequate knowledge of
state laws and regulations. Every state has their own
nurse practice act (NPA), with potential variations in
scope of practice and licensure requirements. It is
the nurse’s responsibility to ensure they thoroughly
understand and abide by the laws and rules of
the state they are practicing in. Should an error
or adverse event occur, the fact that the nurse is
practicing in a ‘new’ state will not be a defense.
Before practicing in any state, the nurse should
review the state’s NPA and associated rules and
clarify any questions or concerns with the state
board of nursing.
ANA Code of Ethics (2015) Provision 4 describes
the accountability all nurses have for their own practice.
This includes being responsible for assessing their own
competence, such as when entering a new practice
area or in the case of mobilization, a new state. Having
a thorough understanding of the laws and rules in the
state in which the nurse is practicing is both a legal and
ethical responsibility that all nurses must take seriously.
Ohio Requirements
Some states, including Ohio, have mandatory
continuing education for licensed nurses related
to nursing law and rules (Category A). Category A
is the term that describes an Ohio nursing law and
rule continuing education course provided by an
OBN-approved provider. Not all continuing education
providers are eligible to provide Category A activities.
To find out of the provider of the CE is approved by
the OBN, look for an “OBN number” at the end of the
provider statement.
Example:
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)
For a course to qualify as Category A, the
content must focus on aspects of the Ohio Revised
Code (ORC) and/or Ohio Administrative Code
(OAC) section 4723. This course is an example of
a qualifying Category A study, as both ORC 4723
and OAC 4723 are referenced throughout the study,
and the content is based around laws and rules for
nursing practice in Ohio.
For a nurse looking to mobilize to Ohio, this
type of course would be beneficial. For nurses
who are seeking licensure by reciprocity in Ohio, a
Category A course is a mandatory component of the
application (Ohio Administrative Code, 4723-14-03,
1998 & rev. 2021).
(C) A nurse from another jurisdiction who applies
for licensure by endorsement to practice as a
licensed practical nurse or registered nurse in
Ohio is required to complete two contact hours
of category A continuing education in order to
be eligible for licensure.
This requirement is to ensure that nurses entering
the state have sufficient knowledge of the law
regulating nursing practice. It is important that nurses
take this seriously, as failing to follow the laws and
rules could not only result in legal or disciplinary
action but could jeopardize patient safety.
While all nurses pass the same initial licensing
exam, the NCLEX only provides a baseline
competency level. Each state has an individual nurse
practice act and a specific set of rules governing
practice in that state. For nurses working in multiple
states, it is imperative to be aware of each states’
unique laws and rules. For example, states have
varying laws and rules surrounding delegation. It
would be pertinent for nurses to understand to who
they may delegate to and under what circumstances.
In the case of delegation, a licensed nurse may
understand the basic concepts of delegation,
but without adequate professional development
regarding each state’s laws on the subject, they are
not yet competent to delegate in that respective state.
This independent study is a Category A activity.
For more Category A activities, visit https://
ce.ohnurses.org/category-a-nursing-law-and-rules
NCLEX and Licensure
Myth or Fact: Nurses who want to become travel
nurses must take the NCLEX each time they need a
new state license.
MYTH
Did you know? Ohio does not require
practice hours in order to maintain licensure.
By completing the required CE and renewing
each renewal period, nurses can keep their Ohio
nursing license in good standing, even while
living in other states.
The NCLEX is a nationwide exam, meaning that
individual states do not require nurses to pass it each
time they apply for a license in a different state. Once the
NCLEX is successfully passed, the nurse does not need
to take it again. Even if a nurse lets their license lapse
or turn inactive, they will not need to re-take the NCLEX
exam to re-instate the license. Therefore, for nurses
interested in taking a travel nurse assignment, or working
Mobilization Myths continued on page 18
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