reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-13 - Advertising › Section 4715-13-03 - False, fraudulent, or misleading statements

Current through all regulations passed and filed through July 1, 2024
The following statements or similar words or phrases are
				prohibited:
(A) False statements that
			 a specified number of patients have received services from a certain licensee.
(B) False statements regarding
			 superior outcomes achieved for patients by a certain licensee.
(C) Statements that a certain dentist is a
			 specialist, or specializes in any branch of dentistry or limits his practice to
			 any branch of dentistry or area of practice, or is a diplomate, or is an
			 orthodontist, oral surgeon, oral and maxillofacial surgeon, periodontist,
			 pedodontist, pediatric dentist, endodontist, prosthodontist, oral pathologist,
			 or public health dentist, or any other similar statement which implies that the
			 dentist is a specialist or limits his practice unless such dentist shall have
			 complied with the provisions of rule
			 4715-5-04
			 of the Administrative Code;
(D)
			 The statement that a "nurse" and/oror "dental nurse" is in attendance, unless
			 such nurse is a graduate licensed and registered nurse;
(E) A statement by a general dentist which
			 lists or otherwise announces that the dentist renders specific types of
			 services unless the statement also includes the phrase "General Dentist" at
			 least as prominently as the list of announcement of specific types of services
			 and shall be directly after or below his name (i.e John Doe, D.D.S., General
			 Dentist).
Effective:
				07/06/2006
R.C. 119.032 review dates: 03/24/2006 and 04/01/2011
Promulgated Under: 119.03
Statutory Authority:
				4715.03
Rule Amplifies: 4715.19, 4715.30
Prior Effective
				Dates: 8-1-74; 3-26-79; 5-7-86 (Emer.); 10-23-95 (Emer.); 1-27-96; 4-7-00
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-13 - Advertising › Section 4715-13-04 - Statements tending to deceive or mislead the public

Current through all regulations passed and filed through July 1, 2024
All dental advertising, or solicitation, or testimonial
				endorsement statements which tend to deceive or mislead the public are
				prohibited.
(A) The following
			 advertising, or solicitation, or testimonial endorsement statements are
			 prohibited:
(1) Statements which falsely
			 indicate the number of years in practice, or the number of years in practice in
			 one location, of any licensee;
(2)
			 Statements which misname any anesthetic, drug formula, material, or medicine,
			 by not accurately stating the generic or brand name of such substances;
(3) Statements which misrepresent
			 the anesthetic, drug formula, material, or medicine, actually administered by a
			 dentist or other qualified licensee;
(4) Statements which misname any dental
			 method or system;
(5) Statements
			 which misrepresent any dental method or dental system actually employed by a
			 dentist or other qualified licensee;
(6) The retention in or about the office or
			 building of a sign or signs of a former dentist, owner, or occupant, for a
			 period longer than ninety days. The owner dentist has ninety days from the date
			 of change in employment to make all necessary changes to signs as necessary and
			 warranted.
(7) Statements on
			 letterhead, business cards, brochures, or other advertisements indicating that
			 a retired, deceased, or other dentist formerly affiliated with the dental
			 practice is still actively practicing dentistry with the dental practice.
(8) Advertisements, announcements,
			 and/or promotions in any form, for dental services placed under a heading in a
			 telephone book or similar publication that is a specialty recognized by the
			 American dental association when the dentist is not a recognized specialist in
			 that area.
(9) Advertisements,
			 announcements, and/or promotions in any form, for dental services placed under
			 a heading in a telephone book or similar publication for a dental service not
			 recognized as a specialty by the American dental association.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-13 - Advertising › Section 4715-13-05 - Advertising specialty services

Current through all regulations passed and filed through July 1, 2024
With regard to the advertising of specialty dental services all
				of the following shall apply:
(A) A
			 dentist who is recognized as a specialist in Ohio must avoid any implication
			 that general dentists associated with him or her
			 in practice are specialists.
(B) In
			 a multidisciplinary practice, it is required that any advertisements indicate
			 the services being provided by each practitioner in the office.
(C) The use of the terms "specialist"
								or "specializes"
			  or the terms
			 "orthodontist", "oral and maxillofacial surgeon", "oral and maxillofacial
			 radiologist", "periodontist", "pediatric dentist", "prosthodontist",
			 endodontist", "oral pathologist", or "public health dentist" or other similar
			 terms which imply that the dentist is a specialist may only be used by licensed
			 dentists meeting the requirements of paragraph (B) of rule
			 4715-5-04
			 of the Administrative Code.
(D) The
			 term "diplomate" may only be used by a licensed dentist who has successfully
			 completed the qualifying examination of the appropriate certifying board of one
			 or more of the specialties recognized by the American dental association,
			 except that a licensed dentist who has been granted diplomate status by a bona
			 fide national organization which is not recognized as a certifying board by the
			 American dental association, but grants diplomate status based upon the
			 dentist's postgraduate education, training, experience, and an oral and written
			 examination based upon psychometric principles, may use the term "diplomate" if
			 the following disclaimer appears in a reasonably clear and visible manner
			 compared to the announcement of the diplomate status: "the (insert the name of
			 organization granting diplomate status) is not recognized as a specialty board
			 by the Ohio state dental board or the American dental association."
(E) A general dentist is not prohibited from
			 announcing to the public that 
								the dentist renders specific types of services,
			 including, but not limited to, specialty services, and that the announcement
			 does not contain words or phrases which are otherwise prohibited by this
			 rule.
(F) Terms that indicate that
			 the practitioner is a specialist, for which no American dental association
			 recognized specialty exists, are prohibited. Terms referring to areas of
			 practice are permitted, so long as all other provisions of the rules regarding
			 advertising and specialty designation are adhered to.
Five Year Review (FYR) Dates:
				10/31/2018 and
				10/31/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.18,
				4715.19,
				4715.30
Prior
				Effective Dates: 07/06/2006, 05/05/2008,
				12/22/2016
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-14 - Military Service Members or Veterans › Section 4715-14-01 - Processing applications from service members, veterans, or spouses of service members or veterans

Current through all regulations passed and filed through July 1, 2024
(A)
								The board shall
			 include questions on all applications for licensure, permit, certification, or
			 registration, or renewal of licensure, permit, certification, or registration
			 that inquire as to whether the applicant is:
(1)
									A service
			 member;
(2)
									A veteran; or
(3)
									The spouse or
			 surviving spouse of a service member or veteran.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-14 - Military Service Members or Veterans › Section 4715-14-02 - Fee waivers available to service members, veterans, or spouses of services members or veterans

Current through all regulations passed and filed through July 1, 2024
(A)
								A licensed
			 dentist, who submits a renewal application on April first or later, or whose
			 license lapsed, due to the licensee's service in the armed forces, shall be
			 eligible for renewal and reinstatement without payment of the late application
			 fee required by division (C)(3) of section
			 4715.14 of the Revised Code, and
			 the reinstatement fee required by division (C)(5) of section
			 4715.14 of the Revised Code, if
			 the following are met:
(1)
									The licensee presents the board with satisfactory
			 evidence that, not more than six months prior to the date the evidence is
			 submitted to the board, the licensee was honorably discharged or separated
			 under honorable conditions;
(2)
									The licensee is
			 not suffering a mental or physical impairment that may affect the individual's
			 ability to provide safe care; and
(3)
									The licensee
			 meets the requirements for license or certificate renewal required by sections
			 4715.14 and
			 4715.141 of the Revised
			 Code.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-14 - Military Service Members or Veterans › Section 4715-14-03 - Military duty time extension and factors to be considered

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon receipt of an application from a licensed dentist,
			 dental hygienist, dental x-ray machine operator, or expanded function dental
			 auxiliary registration holder that is accompanied by proper documentation
			 certifying that the individual has been called to active duty during a current
			 or prior reporting period, and certifying the length of that active duty, the
			 individual shall receive an extension of the current continuing education
			 reporting period equal to the total number of months spent in active duty
			 during the current reporting period. For purposes of this rule, any portion of
			 a month served on active dury shall be considered one full
			 month.
(B)
								In determining whether the requirements of this chapter
			 are met, the board shall consider relevant education, training, or service
			 completed by a licensee, permit, certificate or registration holder as a member
			 of the armed forces.
Effective: 9/12/2016
Five Year
				Review (FYR) Dates: 08/01/2021
Promulgated Under:
				119.03
Statutory
				Authority: 5903.03,
				5903.04,
				5903.10,
				5903.12,
				5903.121
Rule
				Amplifies: 5903.03,
				5903.04,
				5903.10,
				5903.12,
				5903.121
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-01 - Enforcement

Current through all regulations passed and filed through July 1, 2024
Dentists and other licensees governed by Chapter 4715. of the
				Revised Code, and by Chapter
				4715.
				of the Administrative Code, shall be disciplined in accordance with Chapters
				4715. and 119. of the Revised Code, for violation of this chapter and
				statutes.
Effective: 9/12/2016
Five Year
				Review (FYR) Dates: 06/24/2016 and
				08/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30
Prior
				Effective Dates: 8-1-74, 11-10-00
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-03 - Filing request for hearing

Current through all regulations passed and filed through July 1, 2024
(A) In order to request a hearing under
			 Chapter 119. of the Revised Code, a respondent or his representative must, in
			 accordance with rule
			 4715-15-09 of the
			 Administrative Code, file in writing a statement requesting such adjudication
			 hearing within thirty days of the date of mailing of the board's notice of
			 opportunity for hearing, or the date of personal
			 service . The date of mailing shall be
			 the date appearing on the certified mail receipt.
(B) A respondent or his representative
			 properly filing a request for an adjudication hearing shall be entitled to such
			 adjudication hearing within fifteen days but not sooner than seven days after
			 such request has been filed unless both representatives agree otherwise or a
			 continuance is granted pursuant to section
			 119.09 of the Revised Code and
			 rule
			 4715-15-07
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000,
				04/02/2010
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-04 - Authority and duties of attorney hearing examiners

Current through all regulations passed and filed through July 1, 2024
(A) Adjudication
			 hearings may be conducted before an attorney hearing examiner pursuant to
			 Chapters 4715. and 119. of the Revised Code.
(B) All hearings shall be open to the public,
			 but the hearing examiner conducting a hearing may close the hearing to the
			 extent necessary to protect compelling interests and rights or to comply with
			 statutory requirements. In the event the hearing examiner determines to close
			 the hearing, the hearing examiner shall state the reasons therefor in the
			 public record.
(C) The hearing
			 examiner shall conduct hearings in such a manner as to prevent unnecessary
			 delay, maintain order, and ensure the development of a clear and adequate
			 record.
(D) The authority of the
			 attorney hearing examiner shall include, but not be limited to, authority to:
(1) Administer oaths and affirmations;
(2) Order issuance of subpoenas
			 and subpoenas duces tecum to require the attendance of witnesses at hearings
			 and depositions in lieu of live testimony at hearing and to require the
			 production of evidence for hearings and depositions;
(3) Examine witnesses and direct witnesses to
			 testify;
(4) Make rulings on the
			 admissibility of evidence;
(5)
			 Make rulings on procedural motions, whether such motions are oral or written;
(6) Hold prehearing and status
			 conferences pursuant to rules
			 4715-15-19
			 and
			 4715-15-20 of
			 the Administrative Code;
(7)
			 Request briefs before, during or following the hearing, as well as suggested
			 findings, orders, and conclusions of law within such time limits as the
			 attorney hearing examiner may determine;
(8) Prepare entries, findings, orders, or
			 reports and recommendations pursuant to rule
			 4715-15-16
			 of the Administrative Code;
(9)
			 Request preparation of entries, findings, or orders;
(10) Make rulings on requests to broadcast,
			 record, televise or photograph the hearing;
(11) Take such other actions as may be
			 necessary to accomplish the purposes of paragraph (C) of this rule;
(12) Determine the order in which any hearing
			 shall proceed.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-05 - Consolidation

Current through all regulations passed and filed through July 1, 2024
Upon motion by any representative of record, the attorney
				hearing examiner may consolidate two or more hearings into a single hearing.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-06 - Intervention

Current through all regulations passed and filed through July 1, 2024
Petitions to intervene shall not be permitted.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/222
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-07 - Continuance of hearing

Current through all regulations passed and filed through July 1, 2024
(A) The board shall initially continue a
			 hearing upon its own motion for a period of not less than thirty days, in order
			 to more efficiently and effectively conduct its business unless the
			 circumstances establish that a continuance would not serve the interest of
			 justice.
(B) The attorney hearing
			 examiner may continue a hearing upon the motion of a representative of record.
(C) Hearings shall not be
			 continued upon motion by a representative unless a showing of reasonable cause
			 and proper diligence is presented. Before granting any continuance,
			 consideration shall be given to harm to the public which may result from delay
			 in proceedings. In no event will a motion for a continuance by a
			 representative, requested less than five days prior to the scheduled date of
			 the hearing, be granted unless it is demonstrated that an extraordinary
			 situation exists which could not have been anticipated and which would justify
			 the granting of a continuance.
(D)
			 No continuance of an adjudicatory hearing under division (E) or (F) of section
			 4715.30 of the Revised Code
			 shall be granted without the written agreement of the respondent or his
			 representative and the board.
(E)
			 If a continuance is granted, the attorney hearing examiner shall immediately
			 establish a new hearing date, unless circumstances prohibit.
(F) Hearings may be continued due to the
			 unavailability of a subpoenaed witness at the discretion of the attorney
			 hearing examiner. The attorney hearing examiner may hold the record open to
			 accept a deposition in lieu of live testimony of a subpoenaed witness. The
			 procedures set forth in rule
			 4715-15-21
			 of the Administrative Code shall apply to any deposition taken pursuant to this
			 rule.
(G) No adjudication hearing
			 shall be continued for more than ninety days for the purpose of exchanging
			 witness or document lists to the extent provided in rule
			 4715-15-17
			 of the Administrative Code unless the board or attorney hearing examiner finds
			 in writing that such exchange was diligently pursued but was not completed due
			 to the unusual circumstances of the case.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-08 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 otherwise provided under Chapter 4715-15 of the Administrative Code or Chapter
			 119. of the Revised Code, all motions, unless made upon the record at the
			 hearing, shall be made in writing. A written motion shall state with
			 particularity the relief or order sought, shall be accompanied by a memorandum
			 setting forth the grounds therefor, and shall be filed in compliance with rule
			 4715-15-09 of the
			 Administrative Code. A proposed entry may accompany any motion. All motions
			 except for motions for continuance and those motions filed subsequent to the
			 close of the hearing shall be made no later than fourteen days before the date
			 of hearing unless express exception is granted by the attorney hearing examiner
			 or by this chapter.
(B) All
			 motions, together with supporting documentation, if any, shall be served as
			 provided in rule
			 4715-15-10 of
			 the Administrative Code.
(C)
			 Within ten days after service of a written prehearing motion, or such other
			 time as is fixed by the attorney hearing examiner, a response to that motion
			 may be filed. A movant may reply to a response only with the permission of the
			 attorney hearing examiner.
(D)
			 Before ruling upon a written motion, the attorney hearing examiner shall
			 consider all memoranda and supporting documents filed. The attorney hearing
			 examiner shall enter a written ruling and shall issue copies to the
			 representatives as identified under rule
			 4715-15-02
			 of the Administrative Code. The ruling on all oral motions made at hearing
			 shall be included in the record except where the attorney hearing examiner
			 elects to take the motion under advisement and issue a written ruling at a
			 later time. The attorney hearing examiner shall include in each written ruling
			 on a motion a short statement of the reasons therefor.
(E) Except as otherwise provided in this
			 chapter or Chapter 119. of the Revised Code, rulings on all substantive motions
			 filed subsequent to the issuance of the report and recommendation shall be
			 rendered by the board, and rulings on all procedural motions may be rendered by
			 the secretary acting on its behalf.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-09 - Filing

Current through all regulations passed and filed through July 1, 2024
(A) A document is
			 "filed" when it is received and time stamped in the offices of the state dental
			 board during normal business hours. The burden of ensuring that the document(s)
			 is properly filed is borne by the party filing the document(s).
(B) An original of any document required to
			 be filed by Chapter 4715-15 of the Administrative Code shall be filed with the
			 state dental board not more than three days after service.
(C) All motions and briefs shall contain the
			 name, address, and telephone number of the person submitting the motion or
			 brief and shall be appropriately captioned to indicate the name of the
			 respondent.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-10 - Service on parties

Current through all regulations passed and filed through July 1, 2024
(A) Any document required by Chapter 4715-15
			 of the Administrative Code to be served by a representative of record may be
			 served either personally,  by mail, by facsimile, or electronic mail.
(B)
								
			 Service is complete on the date of mailing, or on personal service of the
			 document, or the date of facsimile or electronic mail was sent. Any facsimile
			 or electronic mail sent after 5:00 p.m. will be deemed served on the next
			 business day.
(C)
								 A motion shall be
			 considered by the board or its attorney hearing examiner only if a certificate
			 of service appears on it. Any signed statement is an acceptable certificate of
			 service so long as it contains all of the following information:
(1) Date of service;
(2) Method by which service was made;
(3) Address where service was
			 made; and
(4) Name of the person
			 or authority who was served.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-11 - Computation and extension of time

Current through all regulations passed and filed through July 1, 2024
(A) The date of occurrence of the event
			 causing time to run is not counted in the computation of any time limit under
			 Chapter 4715-15 of the Administrative Code. The last day of the period is
			 included in the computation of the time limit. If the last day of a period is
			 not a regular business day, the time period runs through the end of the next
			 regularly scheduled business day.
(B) The board or its attorney hearing
			 examiner may extend the time for filing or responding to motions and briefs.
(1) Requests for extension of time shall be
			 made in writing and filed as provided in rule
			 4715-15-09 of the
			 Administrative Code prior to the expiration of any applicable time limit.
(2) Requests for extension of time
			 shall be served as provided in rule
			 4715-15-10 of
			 the Administrative Code.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-12 - Notice of hearings

Current through all regulations passed and filed through July 1, 2024
Notice specifying the date, time and place set for hearing
				shall be mailed by certified mail to the representatives, of record, except that notice of changes to the date, time
				or place set for hearing shall be mailed by regular mail or facsimile if a
				representative of each party participated in the selection of the new date,
				time or place.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-13 - Transcripts

Current through all regulations passed and filed through July 1, 2024
(A) Duplicate
			 transcripts of the stenographic record taken of hearings may be obtained
			 directly from the court reporter at the requestor's expense prior to receipt of
			 the original transcript by the board.
(B) Upon request made to the board, a copy of
			 original transcripts may be reviewed at the board office or signed out for a
			 period of forty-eight hours. Additional copies may be prepared at the
			 requestor's expense.
(C) Original
			 transcripts shall not be removed from the board office.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-15 - Mileage reimbursements and witness fees

Current through all regulations passed and filed through July 1, 2024
(A) Mileage shall be paid in the same manner
			 set forth in Chapter 119 of the Administrative
			 Code.
(B) The respondent shall not subpoena
			 himself.
(C) Mileage and witness
			 fees shall be returned by anyone who fails to appear at the hearing for which
			 he was subpoenaed.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000, 04/07/2005,
				04/02/2010
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-17 - Exchange of documents and witness lists

Current through all regulations passed and filed through July 1, 2024
(A) Any representative of record may serve
			 upon the opposing representative of record a written request for a list of both
			 the witnesses and the documents intended to be introduced at hearing. Within
			 twelve days of service of that request, the opposing representative shall
			 provide a response to the requesting representative. All final lists requested
			 under this rule shall be exchanged no later than thirty
			 days prior to the commencement of the administrative hearing, unless leave from
			 the attorney hearing examiner has been obtained.
(B) Failure without good cause to comply with
			 paragraph (A) of this rule may result in exclusion from the hearing of such
			 testimony or documents, upon motion of the representative to whom disclosure is
			 refused.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000,
				04/02/2010
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-18 - Requirements for pre-hearing exchange of information

Current through all regulations passed and filed through July 1, 2024
The attorney hearing examiner shall, upon written motion of any
				representative of a party, issue an order setting forth a schedule by which the
				parties shall simultaneously exchange hearing exhibits, identify lay and expert
				witnesses and exchange written reports from expert witnesses. Any witness
				including the respondent, identified as, or wishing to testify as an expert
				witness, shall prepare and file an expert report that sets forth the opinions
				to which the expert will testify and the bases for such opinions. The failure
				of a party to produce a written report from an expert in accordance with this
				rule or under the terms of the hearing examiner's order may result in
				the exclusion of that expert's testimony at hearing. The failure of a party to
				produce an exhibit under the terms of the attorney hearing examiner's order may
				result in the exclusion of that exhibit from evidence. The failure of a party
				to identify a lay or expert witness under the terms of the hearing examiner's
				order may result in the exclusion of that witness' testimony at hearing.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000, 04/07/2005,
				04/02/2010
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-19 - Prehearing conferences

Current through all regulations passed and filed through July 1, 2024
(A) The attorney hearing examiner shall, upon
			 request of either party, schedule a prehearing conference. Further, the
			 attorney hearing examiner may direct participation by the representatives of
			 record in a prehearing conference. Such conference may be initiated by the
			 attorney hearing examiner, or upon motion of either representative.
(B) Prehearing conferences may be held for
			 the following purposes:
(1) Identification of
			 issues;
(2) Obtaining stipulations
			 and admissions;
(3) Agreements
			 limiting the number of witnesses;
(4) Discussion of documents, exhibits, and
			 witness lists;
(5) Estimating the
			 time necessary for hearing;
(6)
			 Discussion of any other matters tending to expedite the proceedings.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-20 - Status conference

Current through all regulations passed and filed through July 1, 2024
With or without written motion from the representative of any
				party, the attorney hearing examiner may convene a status conference with
				representatives of the parties to address any matter related to preparation for
				hearing or the conduct of a hearing. The attorney hearing examiner may issue
				such orders related to preparation for hearing and the conduct of the hearing
				which in the judgment of the attorney hearing examiner facilitate the just and
				efficient disposition of the subject of the hearing.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-21 - Depositions in lieu of testimony at hearing and transcripts of prior testimony for submission at hearing

Current through all regulations passed and filed through July 1, 2024
(A) Upon written motion of any representative
			 of record, and upon service of that motion to all other representatives, the
			 attorney hearing examiner may order that the testimony of a witness be taken by
			 deposition in lieu of live testimony under such conditions and terms as the
			 attorney hearing examiner shall set, and that any designated books, papers,
			 documents or tangible objects, not privileged, be produced at the same time and
			 place if it appears probable that:
(1) The
			 witness will be unavailable to attend or will be prevented from attending a
			 hearing; and
(2) The testimony of
			 the witness is material; and
(3)
			 The testimony of the witness is necessary in order to prevent a failure of
			 justice.
In the case of an expert witness, a showing of the
				unavailability of the expert shall not be necessary for the attorney hearing
				examiner's consideration of the motion of a representative to take a deposition
				in lieu of live testimony.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-22 - Prior action by the state dental board

Current through all regulations passed and filed through July 1, 2024
The attorney hearing examiner shall admit evidence of any prior
				action entered by the Ohio state dental board against the respondent, including
				formal disciplinary action or warning letters.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-23 - Stipulation of facts

Current through all regulations passed and filed through July 1, 2024
Representatives of record may, by stipulation, agree on any or
				all facts involved in proceedings before the attorney hearing examiner. The
				attorney hearing examiner may thereafter require development of any fact deemed
				necessary for just adjudication.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-24 - Witnesses

Current through all regulations passed and filed through July 1, 2024
(A) All witnesses
			 at any administrative hearing or during any deposition in lieu of live
			 testimony at hearing pursuant to rule
			 4715-15-21
			 of the Administrative Code shall testify under oath or affirmation.
(B) A witness may be accompanied and advised
			 by legal counsel. Participation by counsel for a witness other than the
			 respondent is limited to protection of that witness' rights, and that legal
			 counsel may neither examine nor cross-examine any witnesses.
(C) Should a witness refuse to answer a
			 question ruled proper at a hearing or disobey a subpoena, the state dental
			 board may institute contempt proceedings pursuant to section
			 119.09 of the Revised Code.
(D) The presiding attorney hearing
			 examiner, because of his duties, shall not be a competent witness nor subject
			 to deposition in any adjudication proceeding. Unless the testimony of a board
			 member or an attorney hearing examiner is material to the factual allegations
			 set forth in the notice of opportunity for hearing, board members and attorney
			 hearing examiners shall not be competent witnesses nor subject to deposition in
			 lieu of live testimony in any adjudication proceeding. Former board members
			 shall not be competent witnesses nor subject to deposition in any adjudication
			 proceeding in cases wherein the former board member had personal knowledge of
			 the case or were privy to or ascertained information while serving as a board
			 member. Evidence from other persons relating to the mental processes of the
			 presiding attorney hearing examiner or board members shall not be admissible.
(E) If the attorney hearing
			 examiner/board member intends to serve as a witness, he/she shall recuse
			 him/herself from presiding over, deliberating on, or ruling on the matter.
(F) Any representative of record
			 may move for a separation of witnesses. Expert witnesses shall not be
			 separated.
(G) Each representative
			 of record at a hearing shall inform the attorney hearing examiner of the
			 identity of each potential witness for his case present in the hearing room.
			 Failure to so identify potential witnesses may be grounds for their later
			 disqualification as witnesses.
(H)
			 No witnesses shall be permitted to testify as to the nature, extent, or
			 propriety of disciplinary action to be taken by the board. A witness may, in
			 the discretion of the attorney hearing examiner, testify as to an ultimate
			 issue of fact.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000,
				04/07/2005
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-25 - Conviction of a crime

Current through all regulations passed and filed through July 1, 2024
A certified copy of a plea of guilty to, or a judicial finding
				of guilt of any crime in a court of competent jurisdiction is conclusive proof
				of the commission of all of the elements of that crime.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-26 - Evidence

Current through all regulations passed and filed through July 1, 2024
The "Ohio rules of evidence" may be taken into consideration
				by the board or its attorney hearing examiner in determining the admissibility
				of evidence, but shall not be controlling. The "Ohio rules of evidence" are
				readily available to attorneys and may be found at public libraries,
				bookstores, and on the internet at
http://www.supremecourt.ohio.gov/LegalResources/Rules/evidence/evidence.pdf
.
The attorney hearing examiner may permit the use of electronic
				or photographic means for the presentation of evidence.
Effective: 12/22/2016
Five Year
				Review (FYR) Dates: 10/05/2016 and
				07/01/2019
Promulgated
				Under: 119.03
Statutory Authority: 4715.03
Rule
				Amplifies: 4715.03, 4715.30
Prior Effective Dates: 11/10/2000,
				04/07/2005
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-27 - Broadcasting and photographing administrative hearings

Current through all regulations passed and filed through July 1, 2024
If the attorney hearing examiner determines that broadcasting,
				televising, recording or taking of photographs in the hearing room would not
				distract participants or impair the dignity of the proceedings or otherwise
				materially interfere with the achievement of a fair administrative hearing, the
				broadcasting, televising, recording or taking of photographs during hearing
				proceedings open to the public may be permitted under the following conditions
				and upon request:
(A) Requests for
			 permission for the broadcasting, televising, recording or taking of photographs
			 in the hearing room shall be made in writing to the attorney hearing examiner
			 at least seven days prior to the scheduled commencement of the hearing, and
			 shall be made a part of the record of the proceedings;
(B) Permission is expressly granted prior to
			 commencement of the hearing in writing by the attorney hearing examiner and is
			 made a part of the record of the proceedings;
(C) If the permission is granted, the
			 attorney hearing examiner shall specify the place or places in the hearing room
			 where operators and equipment are to be positioned;
(D) The filming, videotaping, recording or
			 taking of photographs of witnesses who object thereto shall not be permitted.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000,
				04/07/2005
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-28 - Reinstatement of license or certificate

Current through all regulations passed and filed through July 1, 2024
Any disciplinary action taken by the board pursuant to section
				4715.30 of the Revised Code
				which results in suspension from practice shall either lapse by its own terms
				or contain a written statement of the conditions under which the license or
				certificate may be reinstated.
Such conditions may include but are not limited to:
(A) Submission of a written application for
			 reinstatement;
(B) Payment of all
			 appropriate fees as provided in Chapter 4715. of the Revised Code;
(C) Mental or physical examination;
(D) Additional education or
			 training;
(E) Reexamination;
(F) Practice limitations;
(G) Participation in counseling
			 programs;
(H) Demonstration that
			 the licensee can resume practice in compliance with acceptable and prevailing
			 standards.
(I) Satisfactory
			 completion of all terms, conditions or limitations placed upon the licensee
			 through a board approved consent agreement or adjudication order.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates:
				11/10/2000
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-17 - Notice of Meetings › Section 4715-17-01 - Notice of regular and special meetings of the Ohio state dental board

Current through all regulations passed and filed through July 1, 2024
(A) A notice of
			 regular and special meetings of the Ohio state dental board which will include
			 the time, place and purpose of such meeting may be obtained by written request,
			 from the executive director of the "Ohio State Dental Board, 77 South High
			 Street, 17th floor, Columbus, Ohio 43215-6135," or by
			 telephoning (614) 466-2580, or by e-mailing the request
			 to dental.board@den.ohio.gov.
(B) Any person may obtain reasonable advance
			 written notification of meetings of the board by requesting to be placed on a
			 general subscription mailing list by paying an annual subscription mailing fee
			 of fourteen dollars. A check for this amount made payable to the treasurer,
			 state of Ohio, should be sent to the "Ohio State Dental Board, 77 South High
			 Street, 17th floor, Columbus, Ohio 43215-6135." This
			 subscription will be valid for one year from the date of receipt of such fee by
			 the  Ohio state
			 dental board, or notification may be received by providing the
			 board with a self-addressed stamped envelope suitable
			 for such purpose. Any person may obtain reasonable advance written notification
			 of meetings of the board by requesting to be placed on an e-mail notification
			 list at no cost by providing the executive secretary with an e-mail address
			 suitable for such purposes.
(C) The
			 board shall maintain a list of news media which have
			 requested notification, and such media shall be given at least twenty-four
			 hours advance notice of each special meeting of the board, except in the event
			 of an emergency requiring immediate official action. In the event of an
			 emergency, the executive director, on behalf of the members of the board
			 calling the meeting, shall immediately notify the news media that have
			 requested notification of the time, place and purpose of the meeting.
Effective: 9/12/2016
Five Year
				Review (FYR) Dates: 06/24/2016 and
				08/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03
Prior
				Effective Dates: 2-1-77, 4-4-02,
				4-7-05
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-18 - Foreign Dental Graduates › Section 4715-18-01 - Application for licensure of graduates of unaccredited dental colleges located outside the United States

Current through all regulations passed and filed through July 1, 2024
(A) To be granted a license to practice
			 dentistry in this state, a graduate of an unaccredited dental college located
			 outside the United States shall file an application with
			  the state dental board.
			 The application shall be on a form prescribed by the board and verified by
			 oath. Each applicant shall furnish satisfactory proof to the board that the
			 applicant has met all of the following requirements:
(1)
									
									A passing score of at least
			 seventy-five per cent on either the "Test Of English as a Foreign
			 Language" (TOEFL)  or  the "English Language Service Test." This requirement may be waived
			 by the board at its discretion;
(2) Be at least eighteen years of
			 age;
(3) Be of good moral
			 character;
(4) Have passed parts I
			 and II of the examination given by the national dental examiners or the
			 Integrated national board.
(5) Have passed a written jurisprudence
			 examination administered by the state dental board under division
			 (F)(2)
			 of section 4715.03 of the Revised
			 Code.
(6) Have taken and received a
			 passing score from a basic science and laboratory examination as established by
			 paragraph (B) of this rule.
(7)
			 Have successfully completed a minimum of two years of clinical training in
			 general dentistry in one of the following:
(a) A
			 General practice residency (GPR) program from an accredited institution;
			 or
(b) An Advanced education in general dentistry (AEGD)
			 program from an accredited institution.
(8) Have met any one of the following
			 requirements:
(a) Have taken an examination
			 administered by any of the following regional testing agencies and received on
			 each component of the examination a passing score as specified in division (A)
			 of section 4715.11 of the Revised Code: the
			 central regional dental testing service, inc., the northeast regional board of
			 dental examiners, inc., the southern regional dental testing agency, inc. or
			 the western regional examining board;
(b) Possess a license
			 in good standing from another state and have actively engaged in the legal and
			 reputable practice of dentistry in another state or in the armed forces of the
			 United States, the United States public health service, or the United States
			 department of veterans' affairs for five years immediately preceding
			 application.