Ohio Rev. Code » Chapter 4723
Ohio Revised Code

Ohio Rev. Code § 4723.02 (2026)

Board of nursing

✓ current as of May 2026
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Effective:
April 6, 2017
Latest Legislation:
House Bill 216 - 131st General Assembly
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The board of nursing shall assume and exercise all the powers and perform all the duties conferred and imposed on it by this chapter.

The board shall consist of thirteen members who shall be citizens of the United States and residents of Ohio. Eight members shall be registered nurses, each of whom shall be a graduate of an approved program of nursing education that prepares persons for licensure as a registered nurse, shall hold a currently active license issued under this chapter to practice nursing as a registered nurse, and shall have been actively engaged in the practice of nursing as a registered nurse for the five years immediately preceding the member's initial appointment to the board. Of the eight members who are registered nurses, at least two shall hold a current, valid license issued under this chapter that authorizes the practice of nursing as an advanced practice registered nurse. Four members shall be licensed practical nurses, each of whom shall be a graduate of an approved program of nursing education that prepares persons for licensure as a practical nurse, shall hold a currently active license issued under this chapter to practice nursing as a licensed practical nurse, and shall have been actively engaged in the practice of nursing as a licensed practical nurse for the five years immediately preceding the member's initial appointment to the board. One member shall represent the interests of consumers of health care. Neither this member nor any person in the member's immediate family shall be a member of or associated with a health care provider or profession or shall have a financial interest in the delivery or financing of health care. Representation of nursing service and nursing education and of the various geographical areas of the state shall be considered in making appointments.

As the term of any member of the board expires, a successor shall be appointed who has the qualifications the vacancy requires. Terms of office shall be for four years, commencing on the first day of January and ending on the thirty-first day of December.

A current or former board member who has served not more than one full term or one full term and not more than thirty months of another term may be reappointed for one additional term.

Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. The term of a member shall expire if the member ceases to meet any requirement of this section for the member's position on the board. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.

Nursing organizations of this state may each submit to the governor the names of not more than five nominees for each position to be filled on the board. From the names so submitted or from others, at the governor's discretion, the governor with the advice and consent of the senate shall make such appointments.

Any member of the board may be removed by the governor for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct, after a hearing as provided in Chapter 119. of the Revised Code.

Seven members of the board including at least four registered nurses and at least one licensed practical nurse shall at all times constitute a quorum.

Each member of the board shall receive an amount fixed pursuant to division (J) of section 124.15 of the Revised Code for each day in attendance at board meetings and in discharge of official duties, and in addition thereto, necessary expense incurred in the performance of such duties.

The board shall elect one of its nurse members as president and one as vice-president. The board shall elect one of its registered nurse members to serve as the supervising member for disciplinary matters.

The board may establish advisory groups to serve in consultation with the board or the executive director. Each advisory group shall be given a specific charge in writing and shall report to the board. Members of advisory groups shall serve without compensation but shall receive their actual and necessary expenses incurred in the performance of their official duties.
Notes of Decisions
Cited in 5 cases, 1989–1995 · leading case: Berdyck v. Shinde, 613 N.E.2d 1014 (Ohio 1993).
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Berdyck v. Shinde, 613 N.E.2d 1014 (Ohio 1993). · cites it 2× “” *580 The definition of nursing practice was amended in 1988, and is now set forth in more detail in R.C. 4723.02(B). 1 While the current definitional statute does not include a prohibition against medical practice, R.”
Ohio Nurses Ass'n v. State Bd. of Nursing Educ., 540 N.E.2d 1354 (Ohio 1989). · cites it 3× “Notwithstanding the foregoing, the board submits that the instant controversy is effectively “mooted” by the new definition of practical nursing set forth in R.C. 4723.02(F), 2 which does not expressly preclude LPNs from practicing IV administration.”
Berdyck v. Shinde, 1993 Ohio 183 (Ohio 1993). · cites it 2× “Acts of medical diagnosis or prescription of medical, therapeutic, or corrective medical measures by a nurse are prohibited.”
Barbee v. Finerty, 654 N.E.2d 364 (Ohio Ct. App. 1995). “2d 1014, 1021-1022 , (while the definition of the practice of nursing is set forth by R.C. 4723.02[B], in a negligence action involving the professional skill and judgment of a nurse, expert testimony must be presented); Willett v.”
Barry v. State Med. Bd., 6 Ohio App. Unrep. 293 (Ohio Ct. App. 1990). “The nursing statute, R.C. 4723.02, now specifically authorizes nurses to assess health status and administer medication and treatment prescribed by a physician much as Ashenbaum did.”
— Ohio Rev. Code § 4723.02(B) — 2 cases
Berdyck v. Shinde, 613 N.E.2d 1014 (Ohio 1993). “” *580 The definition of nursing practice was amended in 1988, and is now set forth in more detail in R.C. 4723.02(B). 1 While the current definitional statute does not include a prohibition against medical practice, R.”
Berdyck v. Shinde, 1993 Ohio 183 (Ohio 1993). “Acts of medical diagnosis or prescription of medical, therapeutic, or corrective medical measures by a nurse are prohibited.”
— Ohio Rev. Code § 4723.02(F) — 1 case
Ohio Nurses Ass'n v. State Bd. of Nursing Educ., 540 N.E.2d 1354 (Ohio 1989). “Notwithstanding the foregoing, the board submits that the instant controversy is effectively “mooted” by the new definition of practical nursing set forth in R.C. 4723.02(F), 2 which does not expressly preclude LPNs from practicing IV administration.”
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