Ohio Administrative Code › Title 4757 - Counselor, Social Worker, and Marriage and Family Therapist Board › Chapter 4757-11 - Denial, Suspension, Revocation of License; Disciplinary Action › Section 4757-11-01 - Denial, and disciplinary action for licenses or certificates of registration issued by the counselor, social worker, and marriage and family therapist board

Current through all regulations passed and filed through July 1, 2024
The board may refuse to admit for examination, issue, renew, or
				may suspend, revoke, reprimand or place restrictions on any, certificate of
				registration, or supervision endorsement applied for or issued under Chapter
				4757. of the Revised Code, or may take other disciplinary action against any
				licensee or registrant, if that person has:
(A) Failed to meet the education, experience,
			 examination, criminal background standards or other requirements set forth in
			 Chapter 4757. of the Revised Code; and/or,
(B) Violated any provision of the code of
			 ethical practice or professional conduct or committed any other violation of
			 professional behavior contained in the rules; and/or,
(C) Committed a violation of any provision of
			 Chapter 4757. of the Revised Code, or of rules adopted under it, including the
			 provisions of section
			 4757.36 of the Revised Code; to
			 include any of the following:
(1) Knowingly
			 made a false statement in an application for licensure or registration, or in
			 renewal of a license or certificate of registration;
(2) Accepted a commission or rebate for
			 referring persons to any professionals licensed, certified, or registered by
			 any court or board, commission, department, division, or other agency of the
			 state, including, but not limited to, professionals in counseling, social work,
			 or marriage and family therapy or in fields related to counseling, social work,
			 or marriage and family therapy;
(3)
			 Failed to comply with section
			 4757.13 of the Revised
			 Code;
(4) Been denied, revoked,
			 suspended or had restrictions placed on any license including, but not limited,
			 to licensure to practice counseling, social work,  marriage and family therapy, art therapy, or music therapy for any reason other
			 than failure to renew in another state or jurisdiction;
(5) Used a controlled substance or alcoholic
			 beverage to the extent that it impaired their ability to perform properly as a
			 licensee or registrant of the board;
(6) Been convicted of, pled guilty to, pled
			 no contest to, or had a judicial finding of guilt imposed in this state or in
			 any other state of a misdemeanor committed in the course of practice as a
			 professional counselor, professional clinical counselor, counselor trainee,
			 social work assistant, social worker, social worker trainee, independent social
			 worker, marriage and family therapist, independent marriage and family
			 therapist or marriage and family therapist trainee; art
			 therapist, or music therapist;
(7)
									After initial
			 licensure, a conviction in this or any other state of a crime that is a felony
			 in this state;
(8) Been convicted of,
			 pled guilty to, pled no contest to, or had a judicial finding of guilt imposed
			 in this state or any other state or jurisdiction of a crime included in the
			 board's criminal conviction standards as established under section
			 9.79 of the Revised
			 Code;
(9) Committed any act
			 that could be considered a crime in the state of Ohio. The board will refer
			 this information to local law enforcement;
(10) In the case of
			 any licensees or registrant who is licensed or
			 registered with the board,
									 practiced  outside of their scope of practice;
(11) Sold, given away,
			 diverted, or administered drugs for other than legal purposes; or been
			 convicted of, pled guilty to, pled no contest to, or had a judicial finding of
			 guilt imposed for violating any municipal, state, county or federal drug
			 law;
(12) Been
			 professionally diagnosed as having an impairment of the ability to practice
			 according to acceptable and prevailing standards of the
			 professions licensed by the board
									,  because of a physical or mental disability or drug or
			 alcohol addiction;
(13) Been adjudged by
			 a probate court that the applicant for licensure, licensee, or registrant is
			 mentally ill or mentally incompetent. The board may restore the license or
			 registration or review the application for licensure or registration upon the
			 adjudication by a probate court of the person's restoration to competency or
			 upon submission to the board of other proof of competency;
(14)
			 Engaging or aiding and abetting an individual to engage in the practice of
			 professional counseling, social work, 
			 marriage and family therapy, art therapy, or music
			 therapy without a license, while holding a license in an inactive status,
			 or falsely using the title of counselor, social worker,
			  marriage and family therapist, art therapist, or music therapist;
(15)
			 Failure to submit any records or documents, written statements or explanations
			 that have been requested or subpoenaed by the board;
(16) Failure to report
			 any relevant information to the board concerning a counselor, marriage and
			 family therapist, social worker, social work assistant, applicant, or trainee
			 who is incapable of engaging in the practice of counseling, marriage and family
			 therapy, or social work with reasonable skill, competence, and safety to the
			 public, or failure to report any alleged violations of this act or rules
			 adopted under it;
(17) In the case of a
			 licensee with supervision endorsement or an independent license, failure to
			 report any relevant information to the board concerning a
			 licensee or registrant under their
			 work/clinical supervision or training supervision, who is incapable of engaging
			 in  practice  with reasonable skill, competence, and safety to the public, or
			 failure to report any alleged violations of this act or rules adopted under
			 it;
(18) Failure of a
			 licensee with supervision endorsement to respond in a timely manner to a
			 request from a current or former supervisee for an evaluation for an
			 independent license application;
(19) Failure to
			 cooperate in any investigation concerning allegations to
			 the
			 applicant's or registrant's license or registration or another licensee's
			 or registrant's license or registration;
(20)
			 Failure to maintain appropriate standards of care. Standards of care shall be
			 defined as what an ordinary, reasonable professional with similar training
			 would have done in a similar circumstance;
(21) The counselor,
			 social worker, and marriage and family therapist board, under the provisions of
			 the license or registration renewal requirements set forth in rule
			 4757-7-01 of the Administrative
			 Code, has the authority to discipline a licensee or registrant who:
(a) Falsifies the renewal form by stating
			 they have completed the required thirty hours of continuing education at the
			 time they signed the renewal, if it is proven they have not completed the
			 continuing education at that time. This provision does not apply to persons who
			 have received a waiver of continuing education requirements.
(b) When audited, cannot present proof of
			 thirty hours of approved continuing education.
(22)
			 Failure to adhere to any conditions set forth in a board approved adjudication
			 order or consent agreement.