Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-7 - Disciplinary Action › Section 4783-7-03 - Bases and procedures for disciplinary action

Current through all regulations passed and filed through July 1, 2024
(A)
								 In accordance
			 with section 4783.09 of the Revised Code,
			 after considering charges filed by the secretary and after providing a hearing
			 in accordance with Chapter 119. of the Revised Code, the board may refuse to
			 issue a certificate to any applicant, including any person whose certificate
			 was previously expired or revoked or suspended, or may issue a reprimand, or
			 suspend or revoke the certificate of any certified Ohio behavior analysts, on
			 any of the following grounds:
(1)
									 Conviction of a felony, or of any offense involving
			 moral turpitude, in a court of this or any other state or in a federal
			 court;
(2)
									 Using fraud or deceit in the procurement of the
			 certificate to practice applied behavior analysis or knowingly assisting
			 another in the procurement of such certificate through fraud or
			 deceit;
(3)
									 Accepting commissions or rebates or other forms of
			 remuneration for referring persons to other professionals without full
			 disclosure in advance to the consumer of the terms of such an
			 agreement;
(4)
									 Willful unauthorized communication of information
			 received in professional confidence;
(5)
									 Being negligent
			 in the practice of applied behavior analysis;
(6)
									 Using any
			 controlled substance or alcoholic beverage to an extent that such use impairs
			 his/her ability to perform the work of a certified Ohio behavior analyst with
			 safety to the public;
(7)
									 Violating any rule of professional conduct promulgated
			 by the board;
(8)
									 Practicing in an area of applied behavior analysis for
			 which the person is clearly untrained or incompetent;
(9)
									 An adjudication
			 by a court, as provided in section
			 5122.301 of the Revised Code,
			 that the person is incompetent for the purpose of holding the certificate; Such
			 person may have his/her certificate issued or restored only upon determination
			 by a court that he/she is competent for the purpose of holding the certificate
			 and upon the decision by the board that such certificate be issued or restored.
			 The board may require examination on the laws and rules governing certified
			 Ohio behavior analysts and/or mental or physical evaluations, at the cost of
			 the prospective certificate holder, prior to such issuance or
			 restoration.
(10)
									 Waiving the payment of all or any part of a deductible
			 or copayment that a patient, pursuant to a health insurance or health care
			 policy, contract, or plan that covers applied behavior analysis services, would
			 otherwise be required to pay if the waiver is used as an enticement to a
			 patient or group of patients to receive health care services from that
			 provider. However, no sanction will be imposed against any certificate holder
			 who waives deductibles and copayments in compliance with a health benefit plan
			 that expressly allows such a practice.
(11)
									 Advertising
			 that he/she will waive the payment of all or any part of a deductible or
			 copayment that a patient, pursuant to a health insurance or health care policy,
			 contract, or plan that covers applied behavioral analysis services, would
			 otherwise be required to pay.