reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-19 - Accessing Confidential Personal Information › Section 4715-19-01 - Personal information systems

Current through all regulations passed and filed through July 1, 2024
(A)
								 The executive
			 director of the board shall be directly responsible for the personal
			 information system maintained by the board.
(B)
								 The board shall
			 discipline any employee who initiates or otherwise contributes to any
			 disciplinary or other punitive action taken against another individual who
			 brings to the attention of the appropriate authorities, the press, or a member
			 of the public, any evidence of unauthorized use of any material contained in
			 the personal information system.
(C)
								 The board shall
			 maintain its personal information system with the accuracy, relevance,
			 timeliness, and completeness necessary to assure fairness in any determination
			 made by the board that is based on information contained in the system.
(D)
								 The
			 board shall investigate, upon request, the accuracy, relevance, timeliness, and
			 completeness of the personal information which is disputed by the subject of a
			 record contained in its personal information system and report its findings to
			 the disputant within thirty days after receipt of the request.
(E)
								 The board shall
			 not place personal information into an interconnected or combined system unless
			 said system contributes to the efficiency of other agencies or organizations
			 authorized by law to use the system.
(F)
								 The board shall
			 not use any personal information placed into an interconnected or combined
			 system by another state or local board or an organization unless the personal
			 information is necessary and relevant to the performance of a lawful function
			 of the board.
Replaces: 4715-19-01
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 119.03,
				1347.15
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 10/15/1982, 04/04/2002,
				10/05/2010
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-19 - Accessing Confidential Personal Information › Section 4715-19-02 - Procedures for accessing personal information

Current through all regulations passed and filed through July 1, 2024
(A) Personal information systems of the board
			 are managed on a "need-to-know" basis whereby the information owner determines
			 the level of access required for an employee of the board to fulfill his or her
			 job duties. The determination of access to confidential personal information
			 shall be approved by the employee's supervisor and the information owner prior
			 to providing the employee with access to confidential personal information
			 within a personal information system. The board shall establish procedures for
			 determining a revision to an employee's access to confidential personal
			 information upon a change to that employee's job duties including, but not
			 limited to, transfer or termination. Whenever an employee's job duties no
			 longer require access to confidential personal information in a personal
			 information system, the employee's access to confidential personal information
			 shall be removed.
(B) Upon the
			 signed written request of any individual for a list of confidential personal
			 information about the individual maintained by the board, the board shall do
			 all of the following:
(1) Verify the identity
			 of the individual by a method that provides safeguards commensurate with the
			 risk associated with the confidential personal information;
(2) Provide to the individual the list of
			 confidential personal information that does not relate to an investigation
			 about the individual or is otherwise not excluded from the scope of Chapter
			 1347. of the Revised Code; and
(3)
			 If all information relates to an investigation about that individual, inform
			 the individual that the board has no confidential personal information about
			 the individual that is responsive to the individual's request.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-19 - Accessing Confidential Personal Information › Section 4715-19-03 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
(A)
								 Pursuant to the requirements of division (B)(2) of
			 section 1347.15 of the Revised Code,
			 this rule contains a list of valid reasons, directly related to the board's
			 exercise of its powers or duties, for which only employees of the board may
			 access confidential personal information (CPI) regardless of whether the
			 personal information is a manual system or computer system.
(B)
								 Any of the
			 following functions normally performed by the board constitute valid reasons
			 for authorized employees of the board to access confidential personal
			 information:
(1)
									 Responding to a public records request;
(2)
									
			 Responding to a request from an individual for the list of CPI the board
			 maintains on that individual;
(3)
									 Administering a
			 constitutional provision or duty;
(4)
									 Administering a
			 statutory provision or duty;
(5)
									 Administering an
			 administrative rule provision or duty;
(6)
									 Complying with
			 any state or federal program requirements;
(7)
									 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(8)
									 Auditing
			 purposes;
(9)
									 Licensure [or permit, eligibility, filing, etc.]
			 processes;
(10)
									 Investigation or law enforcement purposes;
(11)
									
			 Administrative hearings;
(12)
									 Litigation,
			 complying with an order of the court, or subpoena;
(13)
									 Human resource
			 matters (e.g., hiring, promotion, demotion, discharge, salary/compensation
			 issues, leave requests/issues, time card approvals,/issues);
(14)
									 Complying with
			 an executive order or policy;
(15)
									 Complying with
			 a board policy or a state administrative policy issued by the department of
			 administrative services, the office of budget and management or other similar
			 state board; or
(16)
									 Complying with a collective bargaining agreement
			 provision.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-19 - Accessing Confidential Personal Information › Section 4715-19-04 - Confidential information

Current through all regulations passed and filed through July 1, 2024
The following federal statutes or regulations or state statutes
				make personal information maintained by the board confidential and identify the
				confidential personal information within the scope of rules promulgated by this
				board in accordance with section
				1347.15 of the Revised
				Code.
(A) Social security numbers:
			 5 U.S.C.
			 552a., unless the individual was told that
			 the number would be disclosed.
(B)
			 "Bureau of Criminal Investigation and Information" criminal records check
			 results: section 4776.04 of the Revised Code.
(C) Medical records: section
			 149.43 of the Revised Code and
			 Health Insurance Portability and Accountability Act, Title II 45 CFR 160, 42
			 USC 1320.
(D) College transcripts:
			 Family Education Rights and Privacy Act, 34 CFR Part 99.
(E) Records excluded by the Ohio Public
			 Records Act: section 149.43 of the Revised Code.
(F) Confidential information
			 obtained during an investigation pursuant to section
			 4715.30 of the Revised
			 Code.
(G)
								Confidential information obtained via the "Ohio Automated Rx
			 Reporting System (OARRS).
Effective: 9/12/2016
Five Year
				Review (FYR) Dates: 06/24/2016 and
				08/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1347.15
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 10/5/10
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-19 - Accessing Confidential Personal Information › Section 4715-19-05 - Restricting and logging access to confidential personal information in computerized personal information systems

Current through all regulations passed and filed through July 1, 2024
(A)
								 Access to
			 confidential personal information that is kept electronically shall require a
			 password or other authentication measure.
(B)
								 When the board
			 acquires a new computer system that stores, manages or contains confidential
			 personal information, the board shall include a mechanism for recording
			 specific access by employees of the board to confidential personal information
			 in the system.
(C)
								 When the board modifies an existing computer system
			 that stores, manages or contains confidential personal information, the board
			 shall make a determination whether the modification constitutes an upgrade. Any
			 upgrades to a computer system shall include a mechanism for recording specific
			 access by employees of the board to confidential personal information in the
			 system.
(D)
								 The board shall require employees of the board who
			 access confidential personal information within computer systems to maintain a
			 log that records that access. Access to confidential information is not
			 required to be entered into the log under the following circumstances:
(1)
									 The employee of
			 the board is accessing confidential personal information for official board
			 purposes, including research, and the access is not specifically directed
			 toward a specifically named individual or a group of specifically named
			 individuals.
(2)
									 The employee of the board is accessing confidential
			 personal information for routine office procedures and the access is not
			 specifically directed toward a specifically named individual or a group of
			 specifically name individuals.
(3)
									 The employee of
			 the board comes into incidental contact with confidential personal information
			 and the access of the information is not specifically directed toward a
			 specifically named individual or a group of specifically named
			 individuals.
(4)
									 The employee of the board accesses confidential
			 personal information about an individual based upon a request made under either
			 of the following circumstances:
(a)
										 The individual requests confidential personal
			 information about himself/herself.
(b)
										 The individual
			 makes a request that the board takes some action on that individual's behalf
			 and accessing the confidential personal information is required in order to
			 consider or process that request.
(5)
									 For purposes of
			 this paragraph, the board may choose the form or forms of logging, whether in
			 electronic or paper formats.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-20 - Patient and Personal Protection › Section 4715-20-01 - Patient and personnel protection

Current through all regulations passed and filed through July 1, 2024
(A) Immunization - All dentists and dental
			 health care workers must show evidence of immunity to or immunization against
			 the hepatitis B virus as specified by board guidelines. Such immunization must
			 begin prior to patient contact. Medical documentation must be maintained in the
			 dental facility for each dentist and dental health care worker providing care
			 in that facility. This medical documentation must be made available immediately
			 upon request by an authorized agent of the state dental board.
(B) Hand hygiene:
(1) Hand hygiene methods and indications as
			 recommended in table 2 of the United States department of health and human
			 services, Centers for disease control and prevention's "Guidelines for
			 infection control in Dental Health-Care Settings - 2003" must be utilized at
			 all times, including, but not limited to:
(a)
			 Before and/or after patient contact;
(b) Before glove placement and after glove
			 removal;
(c) After touching
			 inanimate objects likely to be contaminated by blood, saliva, or body fluids;
(d) Before leaving the dental
			 operatory or laboratory;
(e) After
			 removing gloves that are torn, cut or punctured; and
(f) When hands are visibly soiled.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-20 - Patient and Personal Protection › Section 4715-20-02 - Sterilization and disinfection

Current through all regulations passed and filed through July 1, 2024
(A) Heat sterilization:
(1) Sterilization must be accomplished by an
			 FDA-approved device or method, for example, autoclave, dry heat, or unsaturated
			 chemical vapor.
(2) All high speed
			 and surgical handpieces, low speed contra angles, prophy angles, and nose cones
			 must be thoroughly cleaned prior to being
			 subjected to heat sterilization between patients. Sterilization must be
			 accomplished by an FDA-approved device or method.
(3) All instruments and all items that are
			 able to withstand repeated exposure to heat must be thoroughly cleaned prior to being subjected to heat
			 sterilization between patients. The following
			 instruments and items (but not limited to) must be heat sterilized between
			 patients:
(a) All hand and orthodontic
			 instruments;
(b) All burs and bur
			 changers, including contaminated laboratory burs and diamond
			 abrasives;
(c) All endodontic
			 instruments;
(d) Air-water syringe
			 tips;
(e) High-volume evacuator
			 tips;
(f) Surgical
			 instruments;
(g) Ultrasonic
			 periodontal scalers and tips; and
(h) Electro-surgery tips;
(i) Metal impression trays; and
(j) Intra-oral radiographic equipment that
			 can withstand heat sterilization.
(4) All heat sterilizing devices must be
			 tested for proper function on a weekly basis by means of a biological
			 monitoring system that indicates microorganism kill. The biological monitoring
			 system used must include a control to verify proper microbial incubation. In
			 the event of a positive biological spore test, the dentist must take immediate
			 remedial action to ensure that heat sterilization is being
			 accomplished.
(5) Biological
			 monitoring documentation:
(a) In-office
			 testing documentation - Documentation must be maintained in the form of a log
			 reflecting dates, person(s) conducting the testing, and the results of the test
			 capsule and control capsule.
(b)
			 Independent testing documentation - Reports from the independent testing entity
			 shall be used.
(c) Documentation of
			 testing and repairs shall be maintained for a period of at least two years, and
			 shall be maintained in the dental facility and be made immediately available
			 upon request by an authorized agent of the state dental board.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-20 - Patient and Personal Protection › Section 4715-20-03 - Disposal of sharps

Current through all regulations passed and filed through July 1, 2024
All sharps items must be disposed of in containers specifically
				designed and manufactured for the management and/or disposal of sharps in
				accordance with the requirements established by board policy.
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,
				4715.30
Prior
				Effective Dates: 11/1/1987, 4/7/2000,
				4/2/10
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-21 - Approval of Treatment Providers and Centers › Section 4715-21-01 - Requirements for approval of treatment providers and treatment centers

Current through all regulations passed and filed through July 1, 2024
(A) The Ohio state
			 dental board shall approve and designate qualified licensed practitioners as
			 treatment providers and facilities as treatment centers for board licensees
			 and/or permit holders with substance abuse problems.
(B) Any qualified licensed practitioner
			 desiring to be approved as a treatment provider or facility desiring to be
			 approved as a treatment center shall apply to the Ohio state dental board on an
			 application provided by the board.
(C) The Ohio state dental board shall approve
			 outpatient and inpatient facilities and subsequent post treatment services
			 which meet the following criteria, unless the board determines that the
			 facility is not providing substance abuse services acceptable to the board:
(1) The facility has provided adequate
			 evidence that it is capable of making an initial inpatient examination to
			 determine the type of treatment required for board licensees and/or permit
			 holders with substance abuse problems; and,
(2) The facility is fully accredited by the
			 "Joint Commission on Accreditation of Healthcare Organizations" (JCAHO), or the
			 "American Osteopathic Association" (AOA), in the area of substance abuse
			 services.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-22 - Volunteer's Certificate › Section 4715-22-01 - Volunteer's certificate issued to retired dentist or dental hygienist to provide free services to indigent and uninsured persons; immunity

Current through all regulations passed and filed through July 1, 2024
(A) Terms
(1) As used in this rule, "indigent and
			 uninsured person" means a person who meets all of the following requirements:
(a) The person's income is not greater than
			 two hundred per cent of the current 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.
(b) The person is not eligible to receive
			 medical assistance under Chapter 5162. of the Revised Code, disability
			 assistance medical assistance under Chapter 5115. of the Revised Code, or
			 assistance under any other governmental health care program.
(c) Either of the following applies:
(i) The person is not a policy holder,
			 certificate holder, insured, contract holder, subscriber, enrollee, member,
			 beneficiary, or other covered individual under a health insurance or health
			 care policy, contract, or plan.
(ii) The person is a policy holder,
			 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.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-23 - Teledentistry › Section 4715-23-01 - Requirements for teledentistry permit

Current through all regulations passed and filed through July 1, 2024
(A)
								Each applicant
			 for a teledentistry permit shall submit the statutory fee and an application to
			 the board.
(1)
									On this application, the dentist applicant for a
			 teledentistry permit shall state under oath whether:
(a)
										The applicant has
			 read all laws and rules governing teledentistry in the state of Ohio, including
			 but not limited to sections
			 4715.43 to 4715.437 of the
			 Revised Code and this chapter of the Administrative Code.
(b)
										The applicant has
			 the necessary equipment required to safely and securely deliver dental services
			 through teledentistry, specifically regarding synchronous, real-time
			 communication.
(c)
										The applicant has established all necessary policies,
			 protocols, and orders to safely deliver dental services through teledentistry
			 at all locations where dental services will be provided through
			 teledentistry.
(d)
										The applicant's Ohio license to practice dentistry is
			 in good standing.
(e)
										The license or registration of dental hygienists and
			 expanded function dental auxiliaries who will provide dental services through
			 teledentistry for the applicant are in good standing.
(f)
										Any dental
			 hygienist or expanded function dental auxiliary who provides placement of
			 interim therapeutic restorations and application of silver diamine fluoride,
			 has completed the appropriate course prescribed by the board.
(g)
										The applicant
			 understands that:
(i)
											The applicant retains responsibility for ensuring the
			 safety and quality of services provided to patients through
			 teledentistry,
(ii)
											Dental services delivered through teledentistry must
			 conform to accepted standards for the profession, and
(iii)
											Persons
			 involved with providing services through teledentistry must abide by laws
			 addressing the privacy and security of the patient's dental and medical
			 information as well as other information required to be kept confidential as
			 required by law.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-23 - Teledentistry › Section 4715-23-02 - Courses on proper placement of interim therapeutic restorations and application of silver diamine fluoride

Current through all regulations passed and filed through July 1, 2024
(A)
								Any course that
			 meets the following criteria shall satisfy the requirements of section
			 4715.431 of the Revised Code for
			 a board-approved course on either placement of interim therapeutic restorations
			 or application of silver diamine fluoride.
(1)
									Each course must
			 be:
(a)
										A
			 two-hour continuing education course with at least one continuing education
			 hour of didactic education and at least one continuing education hour of
			 clinical hands-on training.
(b)
										Provided by a
			 board-approved sponsor of continuing education under Chapter
			 4715-8 of the Administrative
			 Code, and
(c)
										Dedicated solely to the proper placement of interim
			 therapeutic restorations or application of silver diamine
			 fluoride.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-23 - Teledentistry › Section 4715-23-03 - Requirements for obtaining informed consent

Current through all regulations passed and filed through July 1, 2024
(A)
								When services are
			 provided under a teledentistry permit and the patient is not examined in person
			 by the authorizing dentist, informed consent must be obtained before the
			 placement of interim therapeutic restorations or the application of silver
			 diamine fluoride.
(B)
								To obtain informed consent, the authorizing dentist
			 must:
(1)
									
			 Determine that the patient is mentally capable of giving informed consent to
			 the provision of the diagnosis, care, or treatment and is not subject to duress
			 or under undue influence,
(2)
									Inform the patient that the authorizing dentist will
			 perform a clinical evaluation and diagnosis of caries through
			 teledentistry,
(3)
									For the application of silver diamine fluoride,
(a)
										Inform the
			 patient of the potential for staining teeth by providing color photos of the
			 result of application,
(b)
										Inform the patient that application is permanent and
			 may only be reversed through loss or restoration of the tooth,
(c)
										Inquire whether
			 the patient has an allergy to silver, and
(d)
										Inform the
			 patient that the treatment will require active monitoring and possible
			 reapplication.
(4)
									Explain alternatives to, and the capabilities and
			 limitations of, teledentistry,
(5)
									Explain that the
			 patient may decline to receive services through teledentistry,
(6)
									Document in the
			 patient record any discussion with the patient about teledentistry and whether
			 informed consent was obtained, and
(7)
									Comply with the
			 requirements set forth in division (B) of section
			 4715.431 of the Revised
			 Code.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-23 - Teledentistry › Section 4715-23-04 - Procedures not permitted

Current through all regulations passed and filed through July 1, 2024
No authorizing dentist shall authorize
				a dental hygienist or expanded function dental auxiliary to provide a dental
				service or any other function prohibited by law or rule, including section
				4715.435 of the Revised
				Code.
Effective: 5/30/2020
Five Year
				Review (FYR) Dates: 05/30/2020
Promulgated Under:
				119.03
Statutory
				Authority: 4715.03,
				4715.436
Rule
				Amplifies: 4715.43
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-23 - Teledentistry › Section 4715-23-05 - Equipment requirements for teledentistry

Current through all regulations passed and filed through July 1, 2024
(A)
								All equipment
			 used to provide dental services through teledentistry must comply with the
			 Health Insurance Portability and Accountability Act (HIPAA), Health Information
			 Technology for Economic and Clinical Health Act (HITECH), as well as all state
			 and federal laws and regulations.
(B)
								Authorizing
			 dentists providing dental services through teledentistry
(1)
									Are solely
			 responsible for securing and protecting all patient records and data related to
			 the provision of dental services through teledentistry, and
(2)
									Must take
			 reasonable steps to prevent the compromise, breach, or theft of patient records
			 or data related to the provision of dental services through
			 teledentistry.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-23 - Teledentistry › Section 4715-23-06 - Authorization

Current through all regulations passed and filed through July 1, 2024
(A)
								An authorizing dentist who is providing dental services
			 through teledentistry may not at any time have more than a total of three
			 dental hygienists and expanded function dental auxiliaries working under the
			 dentist's authorization pursuant to section
			 4715.431 of the Revised Code.
			 Because teledentistry requires synchronous, real-time communication, an
			 authorizing dentist must remain attentive and available to attend to the health
			 and safety of all patients regardless of whether the dentist is physically
			 present or not physically present with the patient. If an authorizing dentist
			 supervises any dental hygienist or expanded function dental auxiliary on the
			 same day as the authorizing dentist authorizes any dental hygienist or expanded
			 function dental auxiliary to provide dental services through teledentistry, the
			 authorizing dentist should not have more than a total of:
(1)
									Four dental
			 hygienists practicing clinical hygiene under the supervision of the authorizing
			 dentist pursuant to section
			 4715.23 of the Revised Code or
			 three dental hygienists providing dental services through teledentistry
			 pursuant to section 4715.431 of the Revised
			 Code.
(2)
									two expanded function dental auxiliaries practicing as
			 expanded function dental auxiliaries under the supervision of the authorizing
			 dentist pursuant to section
			 4715.64 of the Revised Code or
			 three expanded function dental auxiliaries providing dental services through
			 teledentistry pursuant to section
			 4715.431 of the Revised Code,
			 except that the total number practicing under the supervision of the
			 authorizing dentist pursuant to section
			 4715.64 of the Revised Code
			 shall not exceed two.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-30 - Exemptions for Physicians and Surgeons › Section 4715-30-01 - Exemption for physicians and surgeons

Current through all regulations passed and filed through July 1, 2024
Sections
				4715.01 to
				4715.35 of the Revised Code do
				not apply to the following:
(A) A physician
				licensed pursuant to Chapter 4731. of the Revised Code, to practice medicine
				and surgery or osteopathic medicine and surgery in Ohio, unless he
				or she practices dentistry as a specialty. For
				purposes of this rule, "Practicing dentistry as a specialty" means that the
				physician regularly and/or routinely provides treatment in which the procedure
				or procedures performed are primarily involving teeth, rather than treatment
				secondary to a medical emergency or medical procedure. It is not required that
				the practice of dentistry as defined herein be a specific majority percentage
				of time, but rather that a pattern of practicing dentistry as a specialty is
				demonstrated by the physician.
(B)
				A dentist of the United States armed forces, public health service, or veterans
				administration.
(C) A dentist
				licensed in another state, making a clinical demonstration before a dental
				society, convention, association of dentists, or dental
				college.
Effective: 2/4/2019
Five Year Review
				(FYR) Dates: 10/31/2018 and
				02/04/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.34
Prior
				Effective Dates: 04/04/2002
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-01 - Quality intervention program; definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Licensee" or "License holder" is an
			 individual holding a current valid license issued by the board to practice as a
			 dentist, dental hygienist, or dental assistant radiographer in accordance with
			 sections 4715.09 to
			 
									4715.66
								 of the Revised
			 Code.
(B) "Educational provider" is
			 one designated by the board to provide evaluation, education, and/or
			 remediation pursuant to section
			 4715.031 of the Revised Code and
			 is one of the following:
(1) An entity or
			 organization that has been approved by the Ohio state dental board in
			 accordance with rules
			 4715-8-02
			 and
			 4715-8-03
			 of the Administrative Code; and/or
(2) An educational institution or program
			 that is both acceptable to the board and accredited by an accrediting agency
			 recognized by the United States office of education; and/or
(3) A hospital accredited by the joint
			 commission on accreditation of healthcare organizations (JCAHO);
			 and/or
(4) A college or university
			 with an accredited school of dentistry or dental hygiene program and/or
			 community college with approved dental hygiene programs, when the educational
			 program is held under the auspices of the school of dentistry or dental
			 hygiene, or dental hygiene program; and/or
(5) A state board or agency that regulates
			 health care providers when education and/or remediation approved or accepted by
			 the board or agency contains content that has been prescribed by the Ohio state
			 dental board for a participant in the quality intervention program.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-02 - Process and criteria to use when identifying an individual's practice deficiency

Current through all regulations passed and filed through July 1, 2024
(A) The board shall investigate, in
			 accordance with division (D) of section
			 4715.03 of the Revised Code,
			 evidence that appears to show that a licensee has failed to practice in
			 accordance with acceptable standards of safe practice as set forth in Chapter
			 4715. of the Revised Code.
(B) The
			 board shall review the evidence obtained during its initial investigation to
			 determine whether the licensee's identified practice deficiency can be
			 corrected through participation in the quality intervention program (QUIP)
			 rather than through formal disciplinary action. Criteria to use when making
			 this determination include, but are not limited to, the following:
(1) Whether the public will be adequately
			 protected from unsafe practice if the licensee enters QUIP;
(2) Whether the licensee's practice
			 deficiency resulted in harm or other untoward outcome for the patient;
(3) The likelihood that the
			 identified practice 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 the investigation;
(5) Whether the licensee's identified
			 practice deficiency represented an intentional or willful commission or
			 omission by the licensee;
(6) The
			 frequency of the occurrence of the identified practice deficiency;
(7) The adverse impact of the identified
			 practice deficiency on others;
(8)
			 Whether the identified practice deficiency affected a particularly vulnerable
			 patient;
(9) Whether the licensee
			 is eligible for participation in QUIP in accordance with rule
			 4715-40-03
			 of the Administrative Code; and
(10) Whether the licensee has a mental or
			 physical impairment that contributed to the practice deficiency.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-03 - Eligibility requirements for participation in the quality intervention program (QUIP)

Current through all regulations passed and filed through July 1, 2024
(A) An individual may participate in the
			 quality intervention program if all of the following apply;
(1) The board determines that the public will
			 be adequately protected from unsafe practice if the licensee enters QUIP;
(2) The individual has not been
			 the subject of formal disciplinary action by any regulatory board or entity
			 located in Ohio or in another jurisdiction, unless the board determines that
			 the previous disciplinary action was for a violation which should not preclude
			 participation in QUIP;
(3) The
			 individual is not concurrently under investigation by the board for violation
			 of Chapter 4715. of the Revised Code or the rules of the board which does not
			 constitute a practice deficiency;
(4) The individual can provide documentation
			 satisfactory to the board of having completed the continuing education required
			 by Chapter 4715. of the Revised Code and the rules of the board for a period of
			 time not to exceed the three years immediately preceding consideration of the
			 eligibility for QUIP;
(5) The
			 board determines that the nature of the individual's identified practice
			 deficiency is such that it may be corrected through education and/or
			 remediation;
(6) The individual
			 holds a current valid license issued by the board;
(7) The individual is eligible to renew the
			 license issued by the board;
(8)
			 The board has determined that the licensee does not have any identified
			 impairment that would significantly affect learning abilities or the ability of
			 the licensee to incorporate learned knowledge and skills into the licensee's
			 practice; and
(9) The individual
			 agrees in writing to be considered for participation in QUIP.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-04 - Provisions of the participatory agreement for the quality intervention program (QUIP)

Current through all regulations passed and filed through July 1, 2024
(A) When
			 a licensee has been determined by the board to be eligible for the quality
			 intervention program (QUIP), in accordance with rules
			 4715-40-02
			 and
			 4715-40-03
			 of the Administrative Code, the licensee shall execute a participatory
			 agreement with the board for the QUIP program which includes, but is not
			 limited to, provisions which;
(1) Set forth
			 the identified practice deficiency;
(2) Identify the specific education and/or
			 remediation the participant must complete, including identification of
			 educational provider(s) that will provide the prescribed educational
			 intervention;
(3) Specify the time
			 frame during which the participant must agree to abide by the recommendations
			 set forth by the educational provider(s) that will provide the prescribed
			 educational intervention;
(4)
			 Require the participant to pay all expenses the participant incurs as a result
			 of the required education and/or remediation;
(5) Require the participant to cooperate with
			 any QUIP-related entity, including, but not limited to, the educational
			 provider(s) utilized by the board;
(6) Require the participant to cause any
			 educational provider(s) to send written progress reports regarding the
			 participant's progress in education and/or remediation to QUIP at specified intervals;
(7) Require the participant to sign any and
			 all waivers necessary to secure all reports required by QUIP;
(8) Require the participant to submit a
			 written personal progress report containing the information required to QUIP at
			 specified intervals;
(9) Require
			 the participant to meet in person with a QUIP representative and/or QUIP panel
			 at specified intervals;
(10)
			 Require the participant to obey all federal, state, and local laws, including,
			 but not limited to, all laws and rules regulating dental, dental hygiene, or
			 dental x-ray machine operator practice in Ohio;
(11) Specify that the prescribed education
			 and/or remediation intervention may not be used to satisfy the continuing
			 education requirements for licensure renewal set forth in Chapter 4715. of the
			 Revised Code and the rules of the board;
(12) Specify the terms and conditions the
			 participant must meet to successfully complete the education and/or
			 remediation, including, but not limited to, the time frames for completing both
			 the educational and/or monitoring components of the education and/or
			 remediation; and
(13) Set forth the
			 grounds for termination from QUIP.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-05 - Grounds for termination from the quality intervention program (QUIP)

Current through all regulations passed and filed through July 1, 2024
(A) A licensee
			 determined by the board to have a practice deficiency that may be corrected
			 through participation in the quality intervention program (QUIP) may be
			 terminated from QUIP for any of the following:
(1) Failure to comply with any term of the
			 participatory agreement entered into by the participant:
(2) Receipt of evidence from the educational
			 provider indicating that the participant has failed to progress through or to
			 successfully complete the education and/or remediation in the manner and during
			 the time frame prescribed by the board:
(3) Receipt of evidence indicating that the
			 participant has failed to incorporate learned knowledge and skills into
			 practice or has continued to demonstrate the practice deficiency:
(4) Failure to complete the education and/or
			 remediation; or
(5) Failure to
			 maintain eligibility for QUIP.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-06 - Requirements for educational provider(s) offering remediation for the quality intervention program (QUIP)

Current through all regulations passed and filed through July 1, 2024
(A) The board shall utilize educational
			 provider(s) as defined in paragraph (B) of rule
			 4715-40-01
			 of the Administrative Code to provide the education and/or remediation
			 recommended for a participant in the quality intervention program
			 (QUIP).
(B) Prior to the
			 participant's entry into the intended education and/or remediation, the
			 educational provider(s) selected shall provide to QUIP the proposed education
			 and/ or remediation program which includes, but is not limited to, the
			 following:
(1) An outline of the education
			 and/or remediation program content;
(2) The number of didactic hours, if
			 applicable;
(3) The number of
			 clinical hours, if applicable;
(4)
			 The education and/or remediation program description;
(5) The method of evaluation;
(6) The projected time frame for completing
			 the education and/or remediation program;
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-07 - Terms and conditions a participant must meet to successfully complete the quality intervention program (QUIP)

Current through all regulations passed and filed through July 1, 2024
(A) A licensee who is eligible to participate
			 in the quality intervention program (QUIP) shall enter into a participatory
			 agreement, as set forth in rule
			 4715-40-04
			 of the Administrative Code, and shall comply with all the terms and conditions
			 set forth in the agreement.
(B) A
			 participant shall provide or cause to be provided to QUIP a written report from
			 the educational provider(s) stating that the participant has successfully
			 completed the educational intervention.
(C) Upon receipt of the written report
			 required by paragraph (B) of this rule, the QUIP panel shall review all
			 information relevant to the participant's education and/or remediation to make
			 a recommendation to the board as to whether the participant's practice as a
			 dentist, dental hygienist, or dental x-ray machine operator meets
			 the accepted standards for the profession.
(D) When the board or its designee determines
			 that the licensee's identified practice deficiency has been sufficiently
			 corrected so as to conform to the accepted standards for the profession, the
			 board shall notify the participant in writing that the education and/or
			 remediation has been successfully completed and participation in QUIP is
			 concluded.
(E) The board shall
			 continue with proceedings in accordance with division (D) of section
			 4715.03 of the Revised Code upon
			 receipt of a report from QUIP that indicates:
(1) Refusal of the licensee to participate in
			 or to execute the participatory agreement set forth in rule
			 4715-40-04
			 of the Administrative Code; or
(2)
			 Failure of the licensee to satisfactorily progress or successfully complete the
			 education and/or remediation program; or
(3) Termination from the education and/or
			 remediation program as set forth in rule
			 4715-40-05
			 of the Administrative Code.
Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-40 - Quality Intervention Program (QUIP) › Section 4715-40-08 - Confidentiality of records for the quality intervention program (QUIP)

Current through all regulations passed and filed through July 1, 2024
(A) Information
			 obtained by the quality intervention program (QUIP) pursuant to an
			 investigation conducted in accordance with sections
			 4715.03 and
			 4715.031 of the Revised Code
			 shall be confidential pursuant to section
			 4715.03(D)  of
			 the Revised Code.
(B) All records
			 regarding an individual's participation in QUIP are confidential pursuant to
			 section 4715.03(D)  of
			 the Revised Code. These records may be used by the board in subsequent
			 disciplinary proceedings involving the same or similar conduct, pursuant to
			 rule
			 4715-15-22
			 of the Administrative Code.
(C)
			 All educational providers selected to provide education and/or remediation for
			 a participant in QUIP shall maintain the confidentiality of all records
			 regarding the participant's education and/or remediation, except that such
			 records shall be shared with the QUIP panel and the board.
Five Year Review (FYR) Dates:
				10/31/2018 and
				10/31/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.031
Rule
				Amplifies: 4715.031
Prior
				Effective Dates: 05/15/2003
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-1 - General Provisions › Section 4717-1-02 - Public meetings

Current through all regulations passed and filed through July 1, 2024
(A)
			 Meetings of the board of embalmers and funeral directors, in addition to the
			 meetings requested by division (A) of section
			 4717.03 of the Revised Code, may
			 be held at the call of the president or vice-president or upon a majority vote
			 of a quorum of the members present at a meeting.
(B) Any person desiring to determine the
			 time, place or purpose of any meeting of the board, may do so by accessing the
			 board's website at
www.funeral.ohio.gov
or contacting
			 the president or vice-president of the board or personnel employed by the
			 board.
(C) Any person may provide
			 an email address and be placed on an email list for advance
			 notification of all meetings of the board or meetings at which any specific
			 type of public business is to be discussed. The requester may request
			 notification be provided by fax, email, or
			 first-class mail. Any person requesting notification by first-class mail shall
			 provide a postage-prepaid self-addressed envelope and pay the cost of
			 copying.
(D) Public notice
			 specifying the date, time and place of all meetings of the board shall be
			 posted on the board's web site at
www.funeral.ohio.gov
and at its
			 office.
Effective: 6/19/2017
Five Year
				Review (FYR) Dates: 03/27/2017 and
				06/19/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4717.04
Rule
				Amplifies: 4717.03
Prior
				Effective Dates: 11/26/76, 1/1/01, 11/10/05,
				4/10/11
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-1 - General Provisions › Section 4717-1-03 - Notice of administrative rules hearing

Current through all regulations passed and filed through July 1, 2024
(A) Public notice of the intention of the
			 board of embalmers and funeral directors to consider adopting, amending or
			 rescinding a rule in accordance with divisions (A) to (E) of section
			 119.03 of the Revised Code shall
			 be published in the register of Ohio (
www.registerofohio.state.oh.us
)
			 pursuant to division (A) of section
			 119.03 of the Revised
			 Code.
(B) The public notice shall
			 specify the date, time and place of the hearing and shall include:
(1) A statement of the intention to consider
			 adopting, amending or rescinding a rule and the purpose or reason
			 therefore;
(2) A synopsis of the
			 proposed rule, amendment or rescission or a general statement as to the subject
			 to which it relates.
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-1 - General Provisions › Section 4717-1-04 - Legal representation

Current through all regulations passed and filed through July 1, 2024
The right to practice before the board
				shall be limited to attorneys at law authorized to practice in the state of
				Ohio. Any member in good standing of the bar of any court of the United States
				or of the highest court of any state may, upon written or oral motion, be
				permitted to appear pro hac vice and participate in a particular matter, at the
				discretion of the board. Any attorney seeking the right to appear pro hac vice
				must show proof of good standing.
Replaces: 4717-1-19
Effective: 4/10/2011
Five Year Review
				(FYR) Dates: 03/27/2017 and
				04/05/2017
Promulgated
				Under: 119.03
Statutory
				Authority: 4717.04
Rule
				Amplifies: 4717.03
Prior
				Effective Dates: 9/4/43
Ohio Administrative Code › Title 4717 - Board of Embalmers and Funeral Directors › Chapter 4717-2 - Powers and Duties › Section 4717-2-01 - Meetings of the board

Current through all regulations passed and filed through July 1, 2024
The annual meeting of the board shall be the July meeting or
				within thirty days after the senate's confirmation of new members in that year,
				at which time the board shall organize and select a president, vice-president,
				and secretary/treasurer.
Special meetings of the board may be called by the president
				with twenty-four hours prior notice being given to its
				members. At special meetings the board may transact such business as it deems
				necessary.
Upon petition of four or more members of the board, the
				president shall call a special meeting of the board within ten days of the
				receipt of the petition.
Effective: 6/19/2017
Five Year
				Review (FYR) Dates: 03/27/2017 and
				06/19/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4717.04
Rule
				Amplifies: 4717.03
Prior
				Effective Dates: 12/23/71, 1/1/84, 1/1/01,
				4/10/11