Ohio Code § 4723.40
Ohio Code § 4723.40. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 4723.40.
(A) Through the attorney general or an appropriate prosecuting attorney, the board of
nursing may apply to an appropriate court for an order enjoining the unauthorized
practice of nursing or any other violation of this chapter. On the filing of a verified petition, the court shall conduct a hearing on the petition
and give the same preference to the proceeding as is given all proceedings under Chapter
119. of the Revised Code, irrespective of the position of the proceeding on the court's
calendar. On a showing that a person has violated or is about to violate any provision of
this chapter, the court shall grant an order enjoining the violation. (B)(1) If the board's supervising member for disciplinary matters obtains information sufficient
to determine that a person may have engaged in the unauthorized practice of nursing
or any other violation of this chapter, the supervising member shall notify the alleged
offender by registered mail that information has been obtained regarding the alleged
violation. The notice may be sent either before or after a petition has been filed under division
(A) of this section. (2) To be considered sufficient, the information must include all of the following: (a) A description of the alleged violation; (b) If a particular individual can be identified, the name of the individual involved
in the violation; (c) The name and address of the facility, institution, or other place where the violation
occurred; (d) The approximate dates that the violation occurred. (3) Not later than thirty days after receiving notice from the supervising member, the
alleged offender shall respond to the supervising member with respect to the allegations. If the person fails to give a timely and sufficient response, the supervising member
shall investigate. Based on the findings of the investigation, the supervising member may request that
the board proceed as authorized by division (A) of this section. (C) The injunction proceedings and notice requirements provided for by this section are
in addition to all penalties and other remedies provided in this chapter.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 4723.40
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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What subject does Ohio Revised Code § 4723.40 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 4723.40 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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