reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-10 - Limited discovery procedures

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 fourteen days prior to the
			 commencement of the administrative hearing, unless leave from the hearing
			 officer or presiding board member 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.
(C) The hearing officer
			 or presiding board member 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 written report by an expert
			 required to be exchanged under the hearing officer's or presiding board
			 member's order shall set 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 under the hearing officer's or presiding board member'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 hearing
			 officer's or presiding board member'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 officer's or presiding board member's
			 order may result in the exclusion of that witness' testimony at hearing.
(D) The hearing officer or
			 presiding board member may order any additional pre-hearing discovery that, in
			 the hearing officer's or presiding board member's judgment, will assist the
			 board in developing a full and fair record.
Five Year Review (FYR) Dates:
				06/30/2017 and
				06/30/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 119, 4734.45
Prior
				Effective Dates: 8/12/02
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-11 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 otherwise provided in this chapter 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 therefore, and
			 shall be filed in compliance with this chapter. 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 filed with the board no
			 later than fourteen days before the date of hearing, unless express exception
			 is granted by the hearing officer, presiding board member, or by this chapter.
			 All motions and briefs shall contain the name, address, telephone number, and
			 if available the facsimile number and electronic mail address of the person
			 submitting the motion or brief and shall be appropriately captioned to indicate
			 the name of the respondent and the board's case number.
(B) All motions, together with supporting
			 documentation, if any, shall be served as follows:
(1) Any motion to be served on a
			 representative of record may be served personally, by fax, by electronic mail,
			 by United States mail, or other delivery service. Service shall be made upon
			 the representative as identified in this chapter. Service is complete on the
			 date of transmittal, date of mailing, or on personal service of the document.
(2) A motion shall be considered
			 by the hearing officer or presiding board member 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:
(a) Date of service;
(b) Method by which service was made;
(c) Address where service was
			 made;
(d) Name of the person or
			 authority who was served; and
(e)
			 The signature of the representative of record.
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.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-12 - Pre-hearing conferences; status conferences

Current through all regulations passed and filed through July 1, 2024
(A) The hearing officer or presiding board
			 member shall, upon request of either party, schedule a prehearing conference,
			 or may do so on the hearing officer's or presiding board member's own
			 initiative. Further, the hearing officer or presiding board member may direct
			 participation by the representatives of record in such a prehearing conference
(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 4734 - State Chiropractic Board › Chapter 4734-5 - Chiropractic Program Standards and Requirements › Section 4734-5-01 - Board approved doctor of chiropractic degree programs

Current through all regulations passed and filed through July 1, 2024
(A) It shall be the objective of doctor of
			 chiropractic degree programs approved by the state chiropractic board to
			 prepare the graduate doctor of chiropractic as a primary health care provider,
			 as a portal of entry into the health delivery system, trained to examine,
			 diagnose, and assume responsibility for the care of patients
			 of all ages and genders and to care for the human
			 body in both health and disease. The graduate doctor of chiropractic shall be
			 qualified to consult with, refer to, and/or receive referrals from, other
			 health care providers.
(B) The
			 curriculum of doctor of chiropractic degree programs shall include, but not be
			 limited to, the following subject matter : Foundations: principles, practices,
			 philosophy and history of chiropractic. Basic sciences: anatomy; physiology;
			 biochemistry; microbiology and pathology. Clinical sciences: physical, clinical
			 and laboratory diagnosis; diagnostic imaging; spinal analysis; orthopedics;
			 biomechanics; neurology; spinal adjustment/manipulation; extremities
			 manipulation; rehabilitation and therapeutic modalities/procedures (active and
			 passive care); toxicology/pharmacology; patient management; nutrition; organ
			 systems; special populations; first aid and emergency procedures; wellness and
			 public health; and clinical decision-making. Professional practice: ethics and
			 integrity; jurisprudence; business and practice management and professional
			 communications.
(C) The board
			 adopts the "CCE Accreditation Standards; Principles, Processes &
			 Requirements for Accreditation, January 2018"
			 (hereinafter "Standards") issued by the council on chiropractic education
			 (hereinafter "CCE" or "council").
(D) In considering whether to approve a
			 doctor of chiropractic degree program, or to continue approval of a doctor of
			 chiropractic degree program, the board shall utilize the "Standards" of the
			 council in making its decision.
(E)
			 Doctor of chiropractic degree programs with board approval prior to the
			 effective date of this rule shall continue to have approval for its doctor of
			 chiropractic graduates to be eligible for licensure in Ohio. This approval
			 continues until it is removed in accordance with this chapter. Board approval
			 of programs and institutions runs concurrently with council
			 accreditation.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-5 - Chiropractic Program Standards and Requirements › Section 4734-5-02 - Board relationship with the council on chiropractic education

Current through all regulations passed and filed through July 1, 2024
(A) The board shall
			 maintain a cooperative relationship with the council on chiropractic education
			 (hereinafter "CCE" or "council"). The board may
			 accept the "CCE" 
								designation of 
								"accredited doctor of chiropractic
			 program/institution" of a doctor of
			 chiropractic degree
								 program and grant board approval of those institutions or
			 programs for graduates of a doctor of chiropractic degree program to be
			 eligible for Ohio licensure. If the "CCE" removes accreditation from an
			 institution or program, the board may ratify this decision by removing its
			 approval, permitting the institution or program the due process procedures
			 contained within Chapter 119. of the Revised Code. However, the board need only
			 prove that the "CCE" has withdrawn its accreditation for the board to revoke
			 its approval of the program or institution.
(B) The board shall, in good faith,
			 participate to the extent possible in the activities and programs of the "CCE",
			 to the extent that the interests of the board and of the "CCE" are
			 consistent.
Effective:
				5/25/2014
R.C. 119.032 review dates:
				03/10/2014 and
				05/25/2019
Promulgated
				Under: 119.03
Statutory Authority: 4734.10
Rule
				Amplifies: 4734.21
Prior Effective Dates:
				4/9/04
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-5 - Chiropractic Program Standards and Requirements › Section 4734-5-03 - Site visitation procedures

Current through all regulations passed and filed through July 1, 2024
(A)
								 Purpose. For the
			 purpose of obtaining factual information, the board may appoint a site
			 visitation team to make an on-site visit to a doctor of chiropractic degree
			 program and to provide the board with a written report of its findings. The
			 site visit may occur when a program applies for board approval or at any time
			 the board believes it is in the best interests of Ohioans to determine facts
			 concerning the operation of a board approved institution or
			 program.
(B)
								 Composition. The site visitation team shall be
			 appointed by the board and may consist of not more than seven members,
			 including a chairperson appointed by the board. The team shall conduct an
			 on-site visit of the program for the purpose of evaluation. The team shall
			 consist of members with particular backgrounds and expertise to provide a
			 comprehensive assessment of the program.
(C)
								 Logistics. The
			 entire projected cost of the team visit shall be paid by the program directly
			 to the team members. Such expenses shall include, but not be limited to, meals,
			 lodging, travel and per diem expenses of eight hours per day in addition to
			 time for travel. Expenses shall also include the time required for preparing
			 the report and presenting the report to the board. The program shall be
			 notified at least forty-five days in advance of the visit. Receipts of expenses
			 incurred by the site visitation team shall be submitted to the board for
			 documentation and approval prior to submission to the program for
			 reimbursement. Failure to pay monies due is grounds for denying or removing
			 board approval.
(D)
								 Report. At the completion of the on-site visit the
			 team shall prepare a report and present it to the board. The site visitation
			 team chairperson shall be responsible for preparing the report of findings of
			 the team. The team report shall include, but not be limited to, a detailed
			 analysis of the program's eligibility factors contained in its application for
			 approval and self-study documentation as well as other relevant
			 information.
Copies of the report shall be filed
				with the board and the chief administrative officer of the program. All
				clerical, administrative, printing and related expenses of the team shall be
				paid by the program. The board shall review the report and shall notify the
				program of its decision within one hundred twenty days of the filing of the
				report. This time period may be extended for good cause at the board's
				discretion.
Replaces: 4734-5-03
Effective:
				5/25/2014
R.C. 119.032 review dates:
				05/25/2019
Promulgated
				Under: 119.03
Statutory Authority: 4734.10
Rule
				Amplifies: 4734.21
Prior Effective Dates:
				4/9/04
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-5 - Chiropractic Program Standards and Requirements › Section 4734-5-04 - Initial approval of doctor of chiropractic degree programs

Current through all regulations passed and filed through July 1, 2024
(A) Application.
			 For a doctor of chiropractic degree program to seek initial approval by the
			 board for its doctor of chiropractic graduates to obtain Ohio licensure, it
			 must first apply to the board. The chief administrative officer of the program
			 shall send a letter of intent to the board and shall include a copy of all
			 self-study documentation required by the council on chiropractic education
			 (hereinafter "CCE" or "Council") in its "CCE Accreditation Standards;
			 Principles, Processes & Requirements for Accreditation, January
			 2018"
			 (hereinafter "Standards"). This rule does not require an applicant to also
			 apply to the "CCE" for accreditation, but if the applicant has done so, it
			 should provide the same information to the board as it provided to the
			 "CCE".
(B) Review. The board may
			 review the application or appoint a committee to review the application
			 materials. If the applicant has applied to the "CCE" for accreditation, the
			 board may hold the application as pending, until the "CCE" has fully reviewed
			 and ruled on the application. If the applicant has not applied to the "CCE",
			 the board or committee will then review the application and materials and
			 follow the procedures outlined in the "CCE" Standards. The board may then order
			 a site visit of the applicant, pursuant to rule
			 4734-5-03
			 of the Administrative Code.
(C)
			 Ruling. Once the board has considered the information submitted by the
			 applicant and/or its review committee and/or site visitation team, it may
			 propose to either approve or deny the application of the program. When it is
			 the intention of the board to deny approval of a program that has requested
			 board-approval, the applicant shall be entitled to a hearing on the question of
			 such proposed denial.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-5 - Chiropractic Program Standards and Requirements › Section 4734-5-06 - Revocation of approval of a doctor of chiropractic degree program

Current through all regulations passed and filed through July 1, 2024
(A) The board may
			 investigate allegations that a board-approved doctor of chiropractic degree
			 program is not complying with the following:
(1) The "CCE Accreditation Standards;
			 Principles, Processes & Requirements for Accreditation, January
			 2018"
			 (hereinafter "Standards") promulgated by the council on chiropractic education
			 (hereinafter "CCE" or "Council")
(2) If a "CCE" accredited program,
			 maintaining that accreditation;
(3)
			 If not a "CCE" accredited program, complying with the "Standards" as
			 interpreted by the board;
(4)
			 Chapter 4734. of the Revised Code and/or agency 4734 of the Administrative
			 Code;
(5) All statutes and rules
			 governing the operation of such a program in its state of domicile;
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-6 - Licensing › Section 4734-6-04 - Preceptorships

Current through all regulations passed and filed through July 1, 2024
(A) In accordance
			 with section 4734.27 of the Revised Code, the
			 board may approve the limited practice of chiropractic in this state by a
			 student intern of a board approved doctor of chiropractic degree program or
			 institution that offers a preceptorship program.
(B) Definitions.
(1) Preceptorship program is a clinical
			 program in which chiropractic interns participate under direct supervision of
			 an Ohio licensed chiropractic physician. Only board approved doctor of
			 chiropractic degree programs may conduct preceptorship programs in this
			 state.
(2) Preceptor is an Ohio
			 licensed chiropractic physician approved by the intern's doctor of chiropractic
			 degree program and the board to provide direct supervision of the limited
			 practice of chiropractic in this state by a student intern.
(3) Intern is an individual enrolled in a
			 doctor of chiropractic degree program who has completed all requirements for
			 the doctor of chiropractic degree except for the final clinical phase of the
			 program and is approved by the board to practice chiropractic in Ohio in
			 accordance with section
			 4734.27 of the Revised
			 Code.
(4) Direct supervision of an
			 intern means initial and ongoing direction, procedural guidance, observation,
			 and evaluation by the approved preceptor who shall remain on the premises and
			 shall supervise and monitor the intern's performance.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-6 - Licensing › Section 4734-6-05 - License for voluntary public service

Current through all regulations passed and filed through July 1, 2024
(A)
								An individual who
			 previously held an unrestricted license to practice chiropractic in the state
			 of Ohio who plans to offer gratuitous chiropractic services as a voluntary
			 public service may apply for a special limited license to practice
			 chiropractic.
(B)
								Each applicant for a license for voluntary public
			 service shall submit a completed application, which can be obtained by
			 contacting the board office, and a non-refundable application fee in the amount
			 of seventy-five dollars. The application shall include a description of the
			 gratuitous chiropractic services to be performed and documentation verifying
			 that current valid malpractice insurance is in place. The applicant must attest
			 that his or her practice is to be exclusively and totally devoted to providing
			 gratuitous chiropractic care.
(C)
								The granting of a
			 license for voluntary public service constitutes authority to practice
			 chiropractic in Ohio only within the scope of services as described in the
			 application as approved.
(D)
								All licenses for voluntary public service issued by the
			 board shall bear the legend "limited to gratuitous chiropractic
			 services."
(E)
								Any applicant that the board proposes to refuse or deny
			 a special limited license shall be entitled to a hearing on the question of
			 such proposed refusal or denial.
(F)
								If the board
			 proposes to discipline a holder of a special limited license the licensee shall
			 be entitled to a hearing on the question of such proposed discipline.
Replaces: 4734-6-05
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-6 - Licensing › Section 4734-6-06 - Jurisprudence examination

Current through all regulations passed and filed through July 1, 2024
The board shall require all applicants for licensure to
				successfully complete a jurisprudence examination administered by the board
				with a minimum score of seventy-five per cent.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-6 - Licensing › Section 4734-6-07 - Addresses of licensees

Current through all regulations passed and filed through July 1, 2024
(A)
								Licensees shall
			 maintain current contact information with the board. Current contact
			 information is defined as a valid email address, residence address and
			 telephone number, and address and telephone number for all locations where
			 activities related to the practice of chiropractic and/or acupuncture are
			 conducted. No licensee may provide a post office box as a mailing address
			 without disclosing the actual physical address of the residence or location
			 where he or she conducts activities related to the practice of chiropractic
			 and/or acupuncture.
(B)
								Licensees shall provide and maintain current contact
			 information via the eLicense Ohio portal.
(C)
								Changes to
			 contact information shall be made within thirty days of the
			 change.
(D)
								A licensee's failure to receive notification of renewal
			 due to failing to advise the board of a change of contact information shall not
			 constitute an error on the part of the board, nor shall it exonerate the
			 licensee from making such renewal.
Replaces: 4734-6-07
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-6 - Licensing › Section 4734-6-08 - Pre-chiropractic educational requirements

Current through all regulations passed and filed through July 1, 2024
(A) Applicants who enrolled
			 in a doctor of chiropractic degree program prior to January 1, 2002 shall
			 have earned a minimum of sixty semester hours of appropriate pre-professional
			 education at an institution accredited by a national accrediting agency
			 recognized by the secretary of the United States department of
			 education.
(B) Applicants who
			 enrolled in a doctor of chiropractic
			 degree program on or after January 1, 2002
			 and graduated on or before June 29, 2010 shall
			 have earned a minimum of ninety semester hours of appropriate pre-professional
			 education at an institution accredited by a national accrediting agency
			 recognized by the secretary of the United States department of
			 education.
(C) Applicants who
			 graduate from a doctor of chiropractic
			 degree program on or after June 30, 2010 shall possess
			 a bachelor, masters, or doctorate degree other than a
			 doctor of chiropractic degree, from an institution accredited by a
			 national accrediting agency recognized by the secretary of the United States
			 department of education.
(D)
			 Foreign educated applicants must meet the appropriate equivalent of the
			 above.
Effective:
				5/25/2014
R.C. 119.032 review dates:
				03/10/2014 and
				05/25/2019
Promulgated
				Under: 119.03
Statutory Authority: 4734.10, 4734.20
Rule
				Amplifies: 4734.20, 4734.23, 4734.27
Prior Effective Dates: 8/12/02,
				8/1/07, 11/15/07, 4/5/09
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-6 - Licensing › Section 4734-6-09 - Character and fitness standards

Current through all regulations passed and filed through July 1, 2024
(A) The applicant for licensure has the
			 burden to prove by clear and convincing evidence that the he or she possesses
			 the requisite character, fitness, and moral qualifications for licensure for
			 the practice of chiropractic. An applicant's failure to provide requested
			 information, or otherwise cooperate in licensure proceedings before the board,
			 may be grounds for refusal of the application.
(B) The board shall determine an applicant's
			 character, fitness, and moral qualifications in accordance with:
(1) The provisions of Chapter 4734. of the
			 Revised Code;
(2) The provisions
			 of agency-level 4734 of the Administrative Code;
(3) Any code of ethics established or adopted
			 by the board in accordance with section
			 4734.16 of the Revised Code.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-7 - License Renewal and Restoration › Section 4734-7-01 - Renewal requirements

Current through all regulations passed and filed through July 1, 2024
(A) General renewal requirements.
(1) All continuing education (CE) earned for
			 renewal shall meet the requirements outlined in rule
			 4734-7-02
			 of the Administrative Code.
(2)
			 Individuals licensed during the current CE reporting period
			 are
			 exempt from earning CE credit during the earning period of their initial
			 licensure.
(3) At least sixty days
			 prior to the expiration of a license , the board shall notify every individual issued a
			 license or reinstated during the current biennial period. Failure to
			 receive the board's notification of renewal does not
			 exonerate the licensee from the board's renewal requirements.
(4) Renewal shall be made in the manner
			 prescribed by the board.
									Each
			 licensee shall complete a renewal application(s) and
			 supply all information necessary to process the renewal.
(5) The board may select applications for
			 audit to verify that all CE requirements have been met. Licensees whose
			 applications are selected for audit shall submit documentation of compliance
			 with the required CE hours within thirty days from the date of the board's
			 notification.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-7 - License Renewal and Restoration › Section 4734-7-02 - Standards and requirements for continuing education

Current through all regulations passed and filed through July 1, 2024
(A) It is the responsibility of each licensee
			 to ensure that programs earned for continuing education (CE) credit meet the
			 requirements of this rule.
(B)
			 Definitions
(1) CE, other than online CE, is
			 defined as programs at which attendees interact with the instructor and the
			 instructor can speak directly with the participants. A program may be conducted
			 via teleconference so long as the instructor can speak directly with and
			 interact with attendees.
(2) Online
			 CE is defined as interactive online learning over the
			 internet.
(3) Chiropractic CE
			 is defined as programs comprised of one or more of the following subjects:
			 acupuncture; animal chiropractic;chiropractic
			 philosophy and history; clinical diagnosis and examination procedures;
			 diagnostic imaging; clinical documentation; electrodiagnostics; emergency
			 procedures; laboratory procedures; manipulation and adjusting procedures;
			 neurology; nutrition; orthopedics; physiological therapeutics; principles and
			 practice of chiropractic; professional boundaries; public health, hygiene,
			 sanitation; rehabilitative procedures/exercise; risk
			 management and other subjects related to the practice of chiropractic as
			 deemed appropriate by the board.
(4) Acupuncture CE is defined as programs
			 comprised of topics to enhance acupuncture education and competency.
(5) Board mandated CE is defined as programs
			 on the topics of: boundaries and/or trauma
			 informed care; human trafficking awareness; and/or laws and rules of the
			 board.
(6) CE hour is defined as a
			 minimum of fifty minutes of CE activity and shall not include time for meals or
			 breaks.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-7 - License Renewal and Restoration › Section 4734-7-03 - Continuing education credit for providing health care to indigent and uninsured persons as a volunteer

Current through all regulations passed and filed through July 1, 2024
(A) Licensees may satisfy up to twelve hours
			 of CE credit by providing health care services as a volunteer to an indigent
			 and uninsured person(s) in accordance with section
			 4745.04 of the Revised
			 Code.
(B) Providing health care to
			 indigent and uninsured persons as a volunteer means providing diagnosis, care,
			 or treatment without the expectation of receiving and without receipt of any
			 compensation or other form of remuneration from an indigent and uninsured
			 person, another person on behalf of an indigent and uninsured person, any
			 health care facility or location, any nonprofit health care referral
			 organization, or any other person or government entity.
(C) Licensees must satisfy the requirements
			 of section 2305.234 of the Revised Code to
			 qualify for the immunity from liability granted under that section. Continuing
			 education credit received in accordance with section
			 4745.04 of the Revised Code for
			 providing health care services is not compensation or any other form of
			 remuneration for purposes of section
			 2305.234 of the Revised Code and
			 does not make the licensee ineligible for the immunity from liability granted
			 under that section.
(D) As defined
			 in section 2305.234 of the Revised Code, an
			 indigent and uninsured shall meet both of the following requirements:
(1)
									Relative to being
			 indigent, the person's income is not greater than two hundred per cent of the
			 federal poverty line, as defined by the United States office of management and
			 budget and revised in accordance with section 673(2) of the "Omnibus Budget
			 Reconciliation Act of 1981," 95 Stat. 511,
			 42
			 U.S.C. 9902, as amended, except in any case
			 in which paragraph (D)(2)(c) of this rule includes a person whose income is
			 greater than two hundred per cent of the federal poverty line,
			 and;
(2)
									Relative to being uninsured, one of the
			 following applies:
(a) The person is not
			 a policyholder, certificate holder, insured, contract holder, subscriber,
			 enrollee, member, beneficiary, or other covered individual under a health
			 insurance or health care policy, contract, or plan.
(b) The person is a policyholder, certificate
			 holder, insured, contract holder, subscriber, enrollee, member, beneficiary, or
			 other covered individual under a health insurance or health care policy,
			 contract, or plan, but the insurer, policy, contract, or plan denies coverage
			 or is the subject of insolvency or bankruptcy proceedings in any
			 jurisdiction.
(c) Until June 30,
			 2019, the person is eligible for the medicaid program or is a medicaid
			 recipient.
(d) Except as provided
			 in paragraph (D)(2)(c) of this rule, the person is not eligible for or a
			 recipient, enrollee, or beneficiary of any governmental health care
			 program.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-7 - License Renewal and Restoration › Section 4734-7-04 - Restoration of inactive chiropractic license

Current through all regulations passed and filed through July 1, 2024
(A) A chiropractic physician holding an
			 inactive license may apply to have the license restored in the manner
			 prescribed by the board and shall complete the application and supply all
			 information necessary to process the application for restoration.
(1) If an application for restoration is
			 received before the first day of the second year of the CE period, the
			 applicant shall submit a non-refundable payment of five hundred dollars made
			 payable to the treasurer, state of Ohio and submit evidence of thirty-six hours
			 of CE earned in accordance with the provisions of rule
			 4734-7-01 of
			 the Administrative Code within the twenty-four months immediately preceding the
			 date of the application for restoration.
(2) If an application for restoration is
			 received on or after the first day of the second year of the CE period, the
			 applicant shall submit a non-refundable payment of two hundred fifty dollars
			 made payable to the treasurer, state of Ohio and submit evidence of eighteen
			 hours of CE earned in accordance with the provisions of rule
			 4734-7-01 of
			 the Administrative Code within the twenty-four months immediately preceding the
			 date of the application for restoration. The eighteen CE hours submitted shall
			 include two hours of board mandated CE.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-7 - License Renewal and Restoration › Section 4734-7-05 - Reinstatement of forfeited chiropractic license

Current through all regulations passed and filed through July 1, 2024
(A) A chiropractic physician holding a
			 forfeited license may apply to have the license reinstated in the manner
			 prescribed by the board and shall complete the application and supply all
			 information necessary to process the application for reinstatement.
(1) If an application for reinstatement is
			 received before the first day of the second year of the CE period, the
			 applicant shall submit a non-refundable payment of five hundred dollars and a
			 one hundred fifty dollar penalty fee made payable to the treasurer, state of
			 Ohio and submit evidence of thirty-six hours of CE earned in accordance with
			 the provisions of rule
			 4734-7-01 of
			 the Administrative Code within the twenty-four months immediately preceding the
			 date of the application for reinstatement.
(2) If an application for reinstatement is
			 received on or after the first day of the second year of the CE period, the
			 applicant shall submit a non-refundable payment of two hundred fifty dollars
			 and a one hundred fifty dollar penalty fee made payable to the treasurer, state
			 of Ohio and submit evidence of eighteen hours of CE earned in accordance with
			 the provisions of rule
			 4734-7-01 of
			 the Administrative Code within the twenty-four months immediately preceding the
			 date of the application for reinstatement. The eighteen CE hours submitted
			 shall include two hours of board mandated CE.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-01 - Dismissing a patient from a chiropractic practice

Current through all regulations passed and filed through July 1, 2024
(A) A doctor-patient relationship is any
			 relationship between a chiropractic physician and a patient wherein the
			 chiropractic physician provides professional services to the patient. Except as
			 provided in paragraph (B) of this rule, a chiropractic physician shall comply
			 with the following requirements in order to dismiss the doctor-patient
			 relationship:
(1) Send notice to the patient
			 that includes all of the following:
(a) A
			 statement that the doctor-patient relationship is terminated;
(b)
										Except when the patient, or patient's representative, has
			 displayed disruptive or threatening behavior toward the chiropractic physician,
			 office staff, or other patients, a statement that the chiropractic
			 physician will provide emergency treatment for up to thirty days from the date
			 the letter was mailed to allow the patient an opportunity to secure care from
			 another chiropractic physician;
(c)
			 An offer to transfer records to a new provider upon receipt of a
			 signed authorization.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-02 - Unlicensed supportive personnel

Current through all regulations passed and filed through July 1, 2024
(A) A chiropractic physician is responsible
			 for the care of his or her patients. Such responsibility includes ensuring that
			 all unlicensed supportive personnel are competent and properly qualified by
			 education, training, and/or experience to perform their assigned
			 duties.
(B) A chiropractic
			 physician may delegate certain professional responsibilities to unlicensed
			 supportive personnel who are qualified by education, training, and/or
			 experience to perform such duties.
(C) Unlicensed supportive personnel means an
			 individual or individuals who are on the job trained by a chiropractic
			 physician and who participate in chiropractic patient care delivery. Unlicensed
			 supportive personnel do not hold professional licensure and work under the
			 direction of a chiropractic physician utilizing their education, training,
			 and/or experience to perform designated tasks and duties related to the
			 practice of chiropractic. This does not include any activity that would require
			 performance, clinical interpretation and/or treatment by a licensed
			 professional.
(D) A licensed
			 chiropractic physician must properly supervise all unlicensed supportive
			 personnel to whom responsibilities are delegated. Properly supervise within the
			 meaning of this rule is defined as on-site initial and ongoing direction,
			 procedural guidance, observation, and evaluation by a licensed chiropractic
			 physician.
(E) Professional
			 responsibilities shall only be delegated by the order of a licensed
			 chiropractic physician. Professional responsibilities within the meaning of
			 this rule include:
(1) Taking measurements for
			 height, weight, blood pressure, respiration, pulse, and temperature;
(2) Recording observable signs and
			 symptoms;
(3) Collecting bodily
			 fluids for diagnostic purposes;
(4)
			 Applying hot and/or cold packs;
(5)
			 Applying mechanical traction;
(6)
			 Applying electrical stimulation;
(7) Applying vasopneumatic devices;
(8) Applying diathermy;
(9) Applying therapeutic
			 ultrasound;
(10)
									Instruction and supervision of
			 therapeutic exercises;
(11)
									Instruction and
			 supervision of therapeutic procedures and
			 activities;
(12)
									Instruction and supervision of neuromuscular
			 reeducation;
(13)
									Low level laser therapy up to and including class IV
			 lasers;
(14) Assist patients to safely perform activities
			 related to the development of strength and endurance;
(15)
			 Other services or procedures as deemed appropriate by the board.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-03 - Quality intervention program

Current through all regulations passed and filed through July 1, 2024
(A) Description. The "Quality Intervention
			 Program" (hereinafter "QIP") is a voluntary program designed to address
			 practice and communication complaints which do not appear to warrant
			 intervention by formal disciplinary action, but may indicate that the licensee
			 involved has developed poor practice patterns or has failed to keep up with
			 current standards of chiropractic and/or acupuncture practice. The primary
			 candidates for referral are those licensees who appear to demonstrate a
			 practice deficiency and who do not demonstrate any physical, mental, or
			 chemical impairment problems which would render educational intervention
			 ineffective or dangerous to the public. As long as there is no identifiable
			 impairment issue, an educational intervention may be all that is needed to
			 bring the licensee up to current standards of practice. The key component of
			 this program is the "Quality Intervention Panel," a panel of experts whose
			 responsibility and purpose are to assess each licensee referred to the program
			 and make recommendations to a designated board member and the executive
			 director based upon their peer assessment.
(B) Program referral. Only a designated board
			 member and the executive director of the board jointly have the authority to
			 refer a licensee to the QIP.
(C)
			 Panel. A panel of experts will be selected and contracted with upon advice and
			 approval of the board. The panel shall be comprised of a minimum of three
			 experts, at least two of whom shall be Ohio licensed chiropractic physicians.
			 The experts shall be chosen based on their experience, diversity, and
			 communication skills. Panel members must have a practice history of a minimum
			 of fifteen years, with no disciplinary or malpractice record. QIP panel members
			 shall sign a panel member agreement that outlines their duties and obligations
			 to the panel and the board.
(D)
			 Identifying a communication or practice deficiency. A board designate and the
			 executive director shall review the evidence obtained from the board's initial
			 investigation to determine whether a licensee should be referred to the QIP
			 panel for possible participation in the QIP. Criteria to be used when making
			 the determination may include, but are not limited to, the following:
(1) Whether the public will be adequately
			 protected if the licensee enters the QIP;
(2) Whether the licensee's conduct resulted
			 in harm or other problematic outcome for the patient;
(3) The likelihood that the deficiency at
			 issue is a deficiency that can be corrected through education and/or
			 remediation;
(4) The extent of the
			 licensee's cooperation with the board during its investigation;
(5) Whether the licensee's deficiency
			 represents an intentional or willful commission or omission by the
			 licensee;
(6) The frequency of the
			 occurrence of the identified deficiency.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-04 - Documentation and record keeping

Current through all regulations passed and filed through July 1, 2024
(A) Chiropractic physicians shall maintain
			 proper, accurate, and legible records in the English language documenting each
			 patient's care. If non-standard codes or abbreviations are used, a key for
			 interpreting this information shall be included in the file.
(B) Each patient's health care record shall
			 include documentation of all services performed in the chiropractic physician's
			 office.
(C) All diagnostic studies
			 performed or ordered by a chiropractic physician shall be documented in the
			 patient's health care record. A report shall accompany each diagnostic
			 procedure performed or ordered by the
			 chiropractic physician.
(D)
			 Records, including x-ray films shall be maintained on site for current patients
			 and may be stored off-site for former patients. Records shall be maintained in
			 a safe, confidential, and secure location. Patient records shall be destroyed
			 in a confidential manner, such as shredding or burning, and
			 retained as follows:
(1) Five years from the last date of
			 clinical encounter when a patient either terminates care or is
			 dismissed from care by the chiropractic
			 physician;
(2) Records pertaining
			 to minors shall be maintained for two years beyond the minor's eighteenth
			 birthday, or five years from the last date of clinical encounter,
			 whichever is longer;
(3) Records
			 containing information pertinent to contemplated or
			 ongoing legal proceedings which the chiropractic physician has knowledge or
			 notice of shall be kept for two years beyond the conclusion of the legal
			 proceedings, or five years from the last date of clinical encounter,
			 whichever is longer;
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-05 - Examination and prescription protocols

Current through all regulations passed and filed through July 1, 2024
(A) A chiropractic physician shall conduct an
			 appropriate evaluation of a patient prior to initiating treatment. Such
			 evaluation shall include at a minimum the following elements:
(1) History;
(2) Examination;
(3)
									Diagnosis(es);
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-06 - Board consideration of sanctions

Current through all regulations passed and filed through July 1, 2024
(A) Each disciplinary case involves unique
			 facts and circumstances. In striving for fair disciplinary standards,
			 consideration will be given to the specific professional misconduct and to the
			 existence of aggravating or mitigating factors. In determining the appropriate
			 sanction, the board shall consider all relevant factors; which may include
			 precedent established by the board and the following:
(1) Aggravating factors. The following shall
			 not control the board's discretion, but may be considered in favor of
			 recommending a more severe sanction:
(a)
										Disciplinary action(s) or admonishments taken by any
			 regulatory agency, including those in Ohio;
(b)
										Failure to
			 implement remedial measures to correct conduct resulting from any discipline or
			 admonishment from any regulatory agency, including those in
			 Ohio;
(c) Dishonest or selfish motive;
(d) A
			 pattern of misconduct and the cumulative effect of the conduct;
(e)
			 Multiple offenses;
(f) Lack of cooperation in the disciplinary
			 process;
(g) Solicitation or submission of false evidence,
			 false statements, or other obstructive or deceptive conduct during the
			 disciplinary process;
(h) Refusal to
			 acknowledge wrongful nature of conduct;
(i) Vulnerability of
			 and resulting harm to any victims of the misconduct;
(j) Negative public
			 perception of the chiropractic profession;
(k)
										Economic harm to
			 any individual or entity and the severity of such harm;
(l)
			 Failure to make restitution or other appropriate amends.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-07 - Notice of leaving, selling or retiring from practice

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 provided for in paragraph (D) of this rule, a chiropractic physician who is an
			 independent contractor or who has an ownership interest in a chiropractic
			 practice shall provide notice when leaving, selling, or retiring from the
			 chiropractic office where the chiropractic physician has provided chiropractic
			 services. Notification shall be sent to all patients who received services from
			 the chiropractic physician within the six months immediately preceding
			 the chiropractic physician's last date for seeing patients and shall be sent no
			 later than thirty days prior to the last date the chiropractic physician will
			 see patients.
(1) The notice shall include all
			 of the following:
(a) A statement that the
			 chiropractic physician will no longer be practicing chiropractic at the
			 practice;
(b) The date on which the
			 chiropractic physician will cease to provide services;
(c) Contact information that enables the
			 patient to obtain the patient's records.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-08 - Universal precautions

Current through all regulations passed and filed through July 1, 2024
(A) Licensees who
			 perform or participate in invasive procedures shall be familiar with, observe
			 and adhere to the acceptable and prevailing standards for universal blood and
			 body fluid precautions to minimize the risk of being exposed to or exposing
			 others to the hepatitis B virus (HBV), the hepatitis C virus (HCV), and the
			 human immunodeficiency virus (HIV).
(B) When performing
			 or participating in invasive procedures licensees shall
			 include at least the following:
(1)
									Appropriate use of hand washing;
(2)
									Effective
			 disinfection and sterilization of equipment;
(3)
									Safe handling and
			 disposal of needles and other sharp instruments; and
(4)
									Appropriate
			 barrier techniques including wearing and disposal of gloves and other
			 protective garments and devices.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-8 - Chiropractic Physicians › Section 4734-8-09 - Concussion management

Current through all regulations passed and filed through July 1, 2024
(A)
								General
			 population.
(1)
									Assessment, diagnosis and/or treatment of concussed patients
			 shall be conducted in accordance with nationally accepted standards and
			 guidelines. The licensee shall maintain a level of continuing education that
			 keeps pace with the evolving topic of concussion management.
(2)
									A licensee may do
			 all of the following in regard to concussion management:
(a)
										
			 Assess;
(b)
										Diagnose;
(c)
										Treat;
(d)
										Grant clearance to return to activities of daily
			 living;
(e)
										Consult with, refer to, or collaborate with other
			 licensed healthcare providers.