OHIO NURSES ASSN., INC. v. OHIO STATE BD. OF NURSING EDN. & NURSE REGISTRATION

No. 88-38.

44 Ohio St. 3d 73 (1989)

OHIO NURSES ASSOCIATION, INC. ET AL., APPELLANTS, v. STATE BOARD OF NURSING EDUCATION AND NURSE REGISTRATION, APPELLEE.

Supreme Court of Ohio.

Decided July 5, 1989.


Attorney(s) appearing for the Case

Cloppert, Portman, Sauter, Latanick & Foley, Walter J. Gerhardstein and Russell E. Carnahan, for appellants.

Anthony J. Celebrezze, Jr., attorney general, and Diane M. Weaver, for appellee.


Per Curiam.

The determinative issue in this appeal is whether the February 20, 1987 position paper adopted by the board, which purports to allow LPNs to administer IVs under certain conditions, is violative of former R.C. 4723.05, infra, since it was not "rule-filed" pursuant to R.C. Chapter 119. For the reasons that follow, we answer this question in the affirmative and, therefore, we reverse the judgment of the court of appeals below.

Appellee...

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