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Ohio Board of Nursing Proposes Rule Changes for Nurses

Client Alert

On Monday, January 12, 2026, the Ohio Board of Nursing released a package of proposed changes to the Ohio Administrative Code.  While most of the rules had no proposed changes or merely proofreading changes, there was one rule change that will be of significant interest to our LPN, RN, and APRN clients.

Ohio Board of Nursing Proposed Rule Changes - a medical professional's arm holding a stethescope.

OAC 4723-14-01 sets forth definitions related to continuing education (CE) requirements.  There are two proposed changes that Ohio nurses should be watching. 

First, under Section (E), the definition for “Category A” credits would be adjusted to allow for CE credits that may be offered by an approved organization that is not headquartered in Ohio.  This may expand a nurse’s CE opportunities. 

Second, under Section (U), the “Reporting Period” definition would be adjusted.  LPNs, RNs, and APRNs would now have a reporting period of July 1 – June 30 in odd numbered years.  (The current reporting period is November through October.)  If this change is adopted, nurses will want to be aware, so that they don’t miss any deadlines. 

As a reminder, proposed changes to the Ohio Administrative Code trigger a public hearing.  As such, If you or your organization wish to submit comments or give testimony on any of the proposed rules discussed herein, please note that there is a hearing scheduled for February 13, 2026.

If you would like assistance with laws governing Ohio’s nurses or in preparing comments on potential regulatory changes, please contact BMD Health Law Group member, Jeana Singleton at jmsingleton@bmdllc.com or 330-253-2001. 

 


Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.

January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.

Corporate Transparency Act Effective Again

The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.

Status Update: Physician Noncompete Agreements in Ohio

Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.