Law/Rule Updates

HB 606: Civil Immunity

Ensures civil immunity to individuals, schools, health care providers (including APRNs), businesses, and other entities from lawsuits arising from exposure, transmission, or contraction of COVID-19, or any mutation of the virus, as long as they were not showing reckless, intentional, or willful misconduct. HB 606 also shields health care providers from liability in tort actions regarding the care and services they provide during this pandemic unless they were acting recklessly or displaying intentional misconduct. HB 606 will be effective on 12/16/20. The act will be retroactive and applies from March 9, 2020, through September 30, 2021.

Coronavirus Aid, Relief, and Economic Security (CARES) Act

The Coronavirus Aid, Relief, and Economic Security (CARES) Act bolsters seniors’ access to home health care services and provides needed funding for personal protective equipment (PPE) for nurse practitioners (NPs) and other health care providers. The law authorizes NPs to certify and recertify home health care services for Medicare patients, strengthens funding for PPE, and ensures vital resources to respond to the pandemic. Under the previous Medicare rules, only physicians could place orders for patients to receive home health services – medical care provided in a patient’s home that can include skilled medical care, respiratory therapy, occupational therapy, and speech therapy.

SB 303: Pharmacy Consults

SB 303 will allow physicians to allow their collaborating clinical nurse specialists, certified nurse-midwives, certified nurse practitioners, and physician assistants to enter into consult agreements with pharmacists for the purposes of chronic disease management. The current laws governing consult agreements came as a result of OPA’s work in the 131st General Assembly on HB 188, which was carried by Senators Huffman and Manning when they were serving in the Ohio House of Representatives. SB 303’s introduction comes on the heels of recent emergency rules implemented by the State of Ohio Board of Pharmacy that temporarily expands pharmacist consult agreements to certified nurse practitioners, clinical nurse specialists, certified nurse midwives, and physician assistants in hospitals and institutional facilities. SB 303 will ensure that pharmacist collaboration with physicians, nurse practitioners, and physician assistants can be agnostic of practice setting, and it will make it a permanent fixture of Ohio law.

HB 224: CRNA Practice

HB 224 Regarding the practice of CRNAs   PASSED

HB 224 was enrolled in HB 197 in March as part of a large emergency COVID legislative action.  It was passed March 25, 2020 with the Governor signing it.  It went into effect immediately. While the provisions granted to the CRNA’s was not everything that was desired, the CRNAs were able to now provide clinical support functions.  Some of the changes:

  • CRNAs will now be legally able to perform pre-anesthesia preparation and evaluation and post-anesthesia care.
  • CRNAs may now direct an RN, LPN or respiratory therapist to provide supportive care to include administer treatments, drugs and IV fluids as related to the administration of anesthesia.
  • CRNAs may order and evaluate diagnostic tests, order and administer treatments, drugs and IV fluids as it pertains to anesthesia.

To review all changes, check out ORC 4723.43, 4723.433, 4723.435.