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Position Statements on the Practice of Respiratory Care
Unlike a statute or rule, upon which the Board may rely as an independent basis for initiating disciplinary action, a position statement does not have the force and effect of law. Position statements are used to state the Ohio Respiratory Care Board's policy, promote certain minimum guidelines, and highlight safety concerns. Through a position statement, the Board can also put the public and the profession on notice of what it considers to be the appropriate standard of care.
The Board cannot initiate disciplinary action solely for a licensee's failure to comply with a stated Board position. However, the Board does have statutory authority under Chapters 4761.09 of the Ohio Revised Code, to pursue individual disciplinary actions and under rule 4761-10-01 (I)(1) of the Ohio Administrative Code, the Board can use position statement to determine adherence with acceptable and prevailing professional standards and guidelines for the practice of respiratory care.
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