Ohio Nurses Ass'n v. State Board of Nursing Education

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-board contends that the position paper in issue is merely advisory and need not be rule-filed under R.C. Chapter 119 because there is nothing in the position…