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Sub. H. B. No. 453 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Martin, Stebelton, Thompson, Adams, J., Hagan, C., Hackett, Roegner, Fedor, Adams, R., Baker, Barnes, Boose, Buchy, Combs, Hall, Johnson Speaker Batchelder
A BILL
To amend sections 119.062, 119.07, 3711.14, 4713.01,
4713.02, 4713.03, 4713.06, 4713.07, 4713.08,
4713.081, 4713.09, 4713.10, 4713.14, 4713.141,
4713.16, 4713.20, 4713.21, 4713.22, 4713.24,
4713.25, 4713.26, 4713.28, 4713.29, 4713.30,
4713.31, 4713.32, 4713.34, 4713.35, 4713.37,
4713.41, 4713.42, 4713.44, 4713.45, 4713.48,
4713.55, 4713.56, 4713.58, 4713.60, 4713.61,
4713.62, 4713.63, 4713.64, 4715.30, 4717.14,
4723.281, 4725.24, 4730.25, 4731.22, 4734.36,
4734.37, 4757.361, 4760.13, 4762.13, 4774.13,
4779.29, and 5123.0414; to enact new section
4713.39 and sections 4713.071, 4713.66, and
4713.67; and to repeal sections 4713.17 and
4713.39 of the Revised Code to make changes to the
Cosmetology Licensing Law and to change the method
by which state agencies send notice of a party's
right to a hearing under the Administrative
Procedure Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.062, 119.07, 3711.14, 4713.01,
4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.09,
4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21, 4713.22,
4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30, 4713.31,
4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42, 4713.44,
4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60, 4713.61,
4713.62, 4713.63, 4713.64, 4715.30, 4717.14, 4723.281, 4725.24,
4730.25, 4731.22, 4734.36, 4734.37, 4757.361, 4760.13, 4762.13,
4774.13, 4779.29, and 5123.0414 be amended and new section 4713.39
and sections 4713.071, 4713.66, and 4713.67 of the Revised Code be
enacted to read as follows:
Sec. 119.062. (A) Notwithstanding section 119.06 of the
Revised Code, the registrar of motor vehicles is not required to
hold any hearing in connection with an order canceling or
suspending a motor vehicle driver's or commercial driver's license
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4549.02,
4549.021, or 5743.99 or any provision of Chapter 2925., 4509.,
4510., or 4511. of the Revised Code or in connection with an
out-of-service order issued under Chapter 4506. of the Revised
Code.
(B) Notwithstanding section 119.07 of the Revised Code, the
registrar is not required to use registered mail, return a
delivery system with traceable delivery and signature receipt
requested, or to make personal delivery in connection with an
order canceling or suspending a motor vehicle driver's or
commercial driver's license or a notification to a person to
surrender a certificate of registration and registration plates.
Sec. 119.07. Except when a statute prescribes a notice and
the persons to whom it shall be given, in all cases in which
section 119.06 of the Revised Code requires an agency to afford an
opportunity for a hearing prior to the issuance of an order, the
agency shall give notice to the party informing the party of the
party's right to a hearing. Notice shall be given by registered
mail, return receipt requested, and using a delivery system that
delivers letters, packages, and other materials in the ordinary
course of business, with traceable delivery and signature receipt,
or by personal delivery. The notice shall include the charges or
other reasons for the proposed action, the law or rule directly
involved, and a statement informing the party that the party is
entitled to a hearing if the party requests it within thirty days
of the time of mailing the notice is sent or personally delivered.
The notice shall also inform the party that at the hearing the
party may appear in person, by the party's attorney, or by such
other representative as is permitted to practice before the
agency, or may present the party's position, arguments, or
contentions in writing and that at the hearing the party may
present evidence and examine witnesses appearing for and against
the party. A copy of the notice shall be mailed to attorneys or
other representatives of record representing the party. This
paragraph does not apply to situations in which such section
provides for a hearing only when it is requested by the party.
When a statute specifically permits the suspension of a
license without a prior hearing, notice of the agency's order
shall be sent to the party by registered mail, return receipt
requested using a delivery system that delivers letters, packages,
and other materials in the ordinary course of business, with
traceable delivery and signature receipt, or delivered in person,
not later than the business day next succeeding such order. The
notice shall state the reasons for the agency's action, cite the
law or rule directly involved, and state that the party will be
afforded a hearing if the party requests it within thirty days of
the time of mailing the notice is sent or personally delivered. A
copy of the notice shall be mailed sent to attorneys or other
representatives of record representing the party.
Whenever a party requests a hearing in accordance with this
section and section 119.06 of the Revised Code, the agency shall
immediately set the date, time, and place for the hearing and
forthwith notify the party thereof. The date set for the hearing
shall be within fifteen days, but not earlier than seven days,
after the party has requested a hearing, unless otherwise agreed
to by both the agency and the party.
When any notice sent by registered mail, as required by in
accordance with sections 119.01 to 119.13 of the Revised Code, is
returned because the party fails to claim the notice, the agency
shall send the notice by ordinary mail to the party at the party's
last known address and shall obtain a certificate of mailing.
Service by ordinary mail is complete when the certificate of
mailing is obtained unless the notice is returned showing failure
of delivery.
If any notice sent by registered or ordinary mail is returned
for failure of delivery, the agency either shall make personal
delivery of the notice by an employee or agent of the agency or
shall cause a summary of the substantive provisions of the notice
to be published once a week for three consecutive weeks in a
newspaper of general circulation in the county where the last
known address of the party is located. When notice is given by
publication, a proof of publication affidavit, with the first
publication of the notice set forth in the affidavit, shall be
mailed by ordinary mail to the party at the party's last known
address and the notice shall be deemed received as of the date of
the last publication. An employee or agent of the agency may make
personal delivery of the notice upon a party at any time.
Refusal of delivery by personal service or by mail is not
failure of delivery and service is deemed to be complete. Failure
of delivery occurs only when a mailed notice is returned by the
postal authorities delivering entity marked undeliverable, address
or addressee unknown, or forwarding address unknown or expired. A
party's last known address is the mailing address of the party
appearing in the records of the agency.
The failure of an agency to give the notices for any hearing
required by sections 119.01 to 119.13 of the Revised Code in the
manner provided in this section shall invalidate any order entered
pursuant to the hearing.
Sec. 3711.14. (A) In accordance with Chapter 119. of the
Revised Code, the director of health may do any of the following:
(1) Impose a civil penalty of not less than one thousand
dollars and not more than two hundred fifty thousand dollars on a
person who violates a provision of this chapter or the rules
adopted under it;
(2) Summarily suspend, in accordance with division (B) of
this section, a license issued under this chapter if the director
believes there is clear and convincing evidence that the continued
operation of a maternity unit, newborn care nursery, or maternity
home presents a danger of immediate and serious harm to the
public;
(3) Revoke a license issued under this chapter if the
director determines that a violation of a provision of this
chapter or the rules adopted under it has occurred in such a
manner as to pose an imminent threat of serious physical or
life-threatening danger.
(B) If the director suspends a license under division (A)(2)
of this section, the director shall issue a written order of
suspension and cause it to be delivered by
certified mail a
delivery system or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court while an appeal filed under section 119.12 of the
Revised Code is pending. If the individual subject to the
suspension requests an adjudication, the date set for the
adjudication shall be within fifteen days but not earlier than
seven days after the individual makes the request, unless another
date is agreed to by both the individual and the director. The
summary suspension shall remain in effect, unless reversed by the
director, until a final adjudication order issued by the director
pursuant to this section and Chapter 119. of the Revised Code
becomes effective.
The director shall issue a final adjudication order not later
than ninety days after completion of the adjudication. If the
director does not issue a final order within the ninety-day
period, the summary suspension shall be void, but any final
adjudication order issued subsequent to the ninety-day period
shall not be affected.
(C) If the director issues an order revoking or suspending a
license issued under this chapter and the license holder continues
to operate a maternity unit, newborn care nursery, or maternity
home, the director may ask the attorney general to apply to the
court of common pleas of the county in which the person is located
for an order enjoining the person from operating the unit,
nursery, or home. The court shall grant the order on a showing
that the person is operating the unit, nursery, or home.
Sec. 4713.01. As used in this chapter:
"Apprentice instructor" means a person an individual holding
a practicing license issued by the state board of cosmetology who
is engaged in learning or acquiring knowledge of the occupation of
an instructor of a branch of cosmetology at a school of
cosmetology.
"Beauty salon" means any premises, building, or part of a
building a salon in which a person an individual is authorized to
engage in all branches of cosmetology. "Beauty salon" does not
include a barber shop licensed under Chapter 4709. of the Revised
Code in which a person engages in the practice of manicuring.
"Biennial licensing period" means the two-year period
beginning on the first day of February of an odd-numbered year and
ending on the last day of January of the next odd-numbered year.
"Braider" means an individual who engages in the practice of
braiding but no other branch of cosmetology.
"Braiding instructor" means intertwining the hair in a
systematic motion to create patterns in a three-dimensional form,
inverting the hair against the scalp along part of a straight or
curved row of intertwined hair, or twisting the hair in a
systematic motion, and includes extending the hair with natural or
synthetic hair fibers
an individual who teaches the theory and
practice of braiding, but no other branch of cosmetology, at a
school of cosmetology.
"Braiding salon" means a salon in which an individual engages
in the practice of braiding but no other branch of cosmetology.
"Branch of cosmetology" means the practice of braiding,
practice of cosmetology, practice of esthetics, practice of hair
design, practice of manicuring, or practice of natural hair
styling, or practice of threading.
"Cosmetic therapy" has the same meaning as in section 4731.15
of the Revised Code.
"Cosmetologist" means a person an individual authorized to
engage in all branches of cosmetology.
"Cosmetology" means the art or practice of embellishment,
cleaning, beautification, and styling of hair, wigs, postiches,
face, body, or nails and tanning of the skin.
"Cosmetology instructor" means a person an individual
authorized to teach the theory and practice of all branches of
cosmetology at a school of cosmetology.
"Esthetician" means a person an individual who engages in the
practice of esthetics but no other branch of cosmetology.
"Esthetics instructor" means a person an individual who
teaches the theory and practice of esthetics, but no other branch
of cosmetology, at a school of cosmetology.
"Esthetics salon" means any premises, building, or part of a
building a salon in which a person an individual engages in the
practice of esthetics but no other branch of cosmetology.
"Hair designer" means a person an individual who engages in
the practice of hair design but no other branch of cosmetology.
"Hair design instructor" means a person an individual who
teaches the theory and practice of hair design, but no other
branch of cosmetology, at a school of cosmetology.
"Hair design salon" means any premises, building, or part of
a building a salon in which a person an individual engages in the
practice of hair design but no other branch of cosmetology.
"Independent contractor license" means a license to practice
a branch of cosmetology at a salon in which the license holder
rents booth space.
"Instructor license" means a license to teach the theory and
practice of a branch of cosmetology at a school of cosmetology.
"Managing braider" means an individual authorized to manage a
braiding salon, but no other type of salon, and engage in the
practice of braiding, but no other branch of cosmetology.
"Managing cosmetologist" means a person an individual
authorized to manage a beauty salon and engage in all branches of
cosmetology.
"Managing esthetician" means a person an individual
authorized to manage an esthetics salon, but no other type of
salon, and engage in the practice of esthetics, but no other
branch of cosmetology.
"Managing hair designer" means a person an individual
authorized to manage a hair design salon, but no other type of
salon, and engage in the practice of hair design, but no other
branch of cosmetology.
"Managing license" means a license to manage a salon and
practice the offering a branch of cosmetology practiced at the
salon
appropriate to the license.
"Managing manicurist" means a person an individual authorized
to manage a nail salon, but no other type of salon, and engage in
the practice of manicuring, but no other branch of cosmetology.
"Managing natural hair stylist" means a person an individual
authorized to manage a natural hair style salon, but no other type
of salon, and engage in the practice of natural hair styling, but
no other branch of cosmetology.
"Managing threader" means an individual authorized to manage
a threading salon, but no other type of salon, and engage in the
practice of threading, but no other branch of cosmetology.
"Manicurist" means a person an individual who engages in the
practice of manicuring but no other branch of cosmetology.
"Manicurist instructor" means a person an individual who
teaches the theory and practice of manicuring, but no other branch
of cosmetology, at a school of cosmetology.
"Nail salon" means any premises, building, or part of a
building a salon in which a person an individual engages in the
practice of manicuring but no other branch of cosmetology. "Nail
salon" does not include a barber shop licensed under Chapter 4709.
of the Revised Code in which a person engages in the practice of
manicuring.
"Natural hair stylist" means a person an individual who
engages in the practice of natural hair styling but no other
branch of cosmetology.
"Natural hair style instructor" means a person an individual
who teaches the theory and practice of natural hair styling, but
no other branch of cosmetology, at a school of cosmetology.
"Natural hair style salon" means any premises, building, or
part of a building a salon in which a person an individual engages
in the practice of natural hair styling but no other branch of
cosmetology.
"Practice of braiding" means utilizing the technique of
intertwining hair in a systematic motion to create patterns in a
three dimensional form, including patterns that are inverted,
upright, or singled against the scalp that follow along straight
or curved partings. It may include twisting or locking the hair
while adding bulk or length with human hair, synthetic hair, or
both and using simple devices such as clips, combs, and hairpins.
"Practice of braiding" does not include any of the following:
application of weaving, bonding, and fusion of individual strands
or wefts; application of dyes, reactive chemicals, or other
preparations to alter the color or straighten, curl, or alter the
structure of hair; embellishing or beautifying hair by cutting or
singeing, except as needed to finish the ends of synthetic fibers
used to add bulk to or lengthen hair.
"Practice of cosmetology" means the practice of all branches
of cosmetology.
"Practice of esthetics" means the application of cosmetics,
tonics, antiseptics, creams, lotions, or other preparations for
the purpose of skin beautification and includes preparation of the
skin by manual massage techniques or by use of electrical,
mechanical, or other apparatus. It also includes enhancing the
skin by skin care, facials, body treatments, hair removal, and
other treatments; applying permanent cosmetics to the eyes,
eyebrows, and lips; and applying eyelash extensions.
"Practice of hair design" means embellishing or beautifying
hair, wigs, or hairpieces by arranging, dressing, pressing,
curling, waving, permanent waving, cleansing, cutting, singeing,
bleaching, coloring, braiding, weaving, or similar work. "Practice
of hair design" includes utilizing techniques performed by hand
that result in tension on hair roots such as twisting, wrapping,
weaving, extending, locking, or braiding of the hair.
"Practice of manicuring" means manicuring cleaning, trimming,
shaping the free edge of, or applying polish to the nails of any
person, individual; applying artificial or sculptured nails to any
person,; massaging the hands and lower arms up to the elbow of any
person,; massaging the feet and lower legs up to the knee of any
person,; using lotions or softeners on the hands and feet; or any
combination of these four types of services.
"Practice of natural hair styling" means utilizing techniques
performed by hand that result in tension on hair roots such as
twisting, wrapping, weaving, extending, locking, or braiding of
the hair. "Practice of natural hair styling" does not include the
application of dyes, reactive chemicals, or other preparations to
alter the color or to straighten, curl, or alter the structure of
the hair. "Practice of natural hair styling" also does not include
embellishing or beautifying hair by cutting or singeing, except as
needed to finish off the end of a braid, or by dressing, pressing,
curling, waving, permanent waving, or similar work.
"Practice of threading" means removing unwanted hair
utilizing techniques performed by hand. "Practice of threading"
does not include the use of chemical applications such as waxes
and depilatories.
"Practicing license" means a license to practice a branch of
cosmetology.
"Salon" means a beauty salon, esthetics salon, hair design
salon, nail salon, or natural hair style salon any premises,
building, or part of a building in which an individual engages in
the practice of one or more branches of cosmetology. "Salon" does
not include a barber shop licensed under Chapter 4709. of the
Revised Code. "Salon" does not mean a tanning facility, although a
tanning facility may be located in a salon.
"School of cosmetology" means any premises, building, or part
of a building in which students are instructed in the theories and
practices of one or more branches of cosmetology.
"Student" means a person an individual, other than an
apprentice instructor, who is engaged in learning or acquiring
knowledge of the practice of a branch of cosmetology at a school
of cosmetology.
"Tanning facility" means a room or booth that houses any
premises, building, or part of a building that contains one or
more rooms or booths with equipment or beds used for tanning human
skin by the use of fluorescent sun lamps using ultraviolet or
other artificial radiation.
"Threading salon" means a salon in which an individual
engages in the practice of threading but no other branch of
cosmetology.
"Threader" means an individual who engages in the practice of
threading but no other branch of cosmetology.
"Threading instructor" means an individual who teaches the
theory and practice of threading, but no other branch of
cosmetology, at a school of cosmetology.
Sec. 4713.02. (A) There is hereby created the The state
board of cosmetology, consisting of all of is hereby created to
regulate the practice of cosmetology and all of its branches to
protect the public and individuals practicing in accordance with
this chapter.
(B) The board shall consist of the following members
appointed by the governor, with the advice and consent of the
senate:
(1) One person holding individual who holds a current, valid
cosmetologist, managing cosmetologist, or cosmetology instructor
license at the time of appointment;
(2) Two persons individuals holding current, valid managing
cosmetologist licenses and actively engaged in managing beauty
salons at the time of appointment;
(3) One person individual who holds a current, valid
independent contractor license at the time of appointment or the
owner or manager of a licensed salon in which at least one person
individual holding a current, valid independent contractor license
practices a branch of cosmetology;
(4) One person individual who represents individuals who
teach the theory and practice of a branch of cosmetology at a
vocational school;
(5) One owner of a licensed school of cosmetology;
(6) One owner of at least five licensed salons;
(7) One person individual who is either a certified nurse
practitioner or clinical nurse specialist holding a certificate of
authority issued under Chapter 4723. of the Revised Code, or a
physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;
(8) One person individual representing the general public.
(B)(C) The superintendent of public instruction shall
nominate three persons individuals for the governor to choose from
when making an appointment under division (A)(B)(4) of this
section.
(C)(D) All members shall be at least twenty-five years of
age, residents of the state, and citizens of the United States. No
more than two members, at any time, shall be graduates of the same
school of cosmetology.
Except for the initial members appointed under divisions
(A)(3) and (4) of this section, terms Terms of office are for five
years. The term of the initial member appointed under division
(A)(3) of this section shall be three years. The term of the
initial member appointed under division (A)(4) of this section
shall be four years. Terms shall commence on the first day of
November and end on the thirty-first day of October. Each member
shall hold office from the date of appointment until the end of
the term for which appointed. In case of a vacancy occurring on
the board, the governor shall, in the same manner prescribed for
the regular appointment to the board, fill the vacancy by
appointing a member. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of such term. Any member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. Before entering upon the
discharge of the duties of the office of member, each member shall
take, and file with the secretary of state, the oath of office
required by Section 7 of Article XV, Ohio Constitution.
The members of the board shall receive an amount fixed
pursuant to Chapter 124. of the Revised Code per diem for every
meeting of the board which they attend, together with their
necessary expenses, and mileage for each mile necessarily
traveled.
The members of the board shall annually elect, from among
their number, a chairperson and a vice-chairperson. The executive
director appointed under section 4713.06 of the Revised Code shall
serve as the board's secretary.
The board shall prescribe the duties of its officers and
establish an office within Franklin County county. The board shall
keep all records and files at the office and have the records and
files at all reasonable hours open to public inspection in
accordance with section 143.49 of the Revised Code and any rules
adopted by the board in compliance with the state's record
retention policy. The board also shall adopt a seal.
Sec. 4713.03. The state board of cosmetology shall hold a
meeting meetings to transact its business at least four times a
year. The board may hold additional meetings as, in its judgment,
are necessary. The board shall meet at the times and places it
selects.
Sec. 4713.06. The state board of cosmetology shall annually
appoint an executive director. The executive director may not be a
member of the board. The executive director, before entering upon
the discharge of the executive director's duties, shall file with
the secretary of state a good and sufficient bond payable to the
state, to ensure the faithful performance of duties of the office
of executive director. The bond shall be in an amount the board
requires. The premium of the bond shall be paid from
appropriations made to the board for operating purposes.
The board executive director shall carry out the
administrative functions of the board and implement the policies
developed by the board to regulate the practice of cosmetology.
The executive director shall employ those staff members and
consultants necessary to implement the board's regulatory purpose
and the policies it develops. The executive director may employ
inspectors, examiners, consultants on contents of examinations,
and clerks, or other individuals as necessary for the
administration of this chapter. All inspectors and examiners shall
be licensed cosmetologists.
The board may appoint executive director shall delegate to
inspectors of authority to inspect and investigate all facilities
regulated by this chapter, including tanning facilities as needed
to make periodic inspections as the board specifies, to ensure
compliance with this chapter, the rules adopted under it, and the
board's policies.
Sec. 4713.07. (A) The state board of cosmetology shall do all
of the following:
(A)(1) Regulate the practice of cosmetology and all of its
branches in this state;
(2) Investigate or inspect in accordance with section 4713.67
of the Revised Code the activities or premises of a license holder
or unlicensed person who is alleged to have violated any section
of this chapter or any rule adopted under it;
(3) Adopt rules in accordance with section 4713.08 of the
Revised Code;
(4) Prescribe and make available application forms to be used
by persons individuals seeking admission to an examination
conducted under section 4713.24 of the Revised Code or persons
seeking a license issued under this chapter;
(B)(5) Prescribe and make available application forms to be
used by persons seeking renewal of a license issued under this
chapter;
(C)(6) Report to the proper prosecuting officer all
violations of section 4713.14 of the Revised Code of which the
board is aware;
(D)(7) Submit a written report annually to the governor that
provides all of the following:
(1)(a) A discussion of the conditions in this state of the
branches of cosmetology;
(2)(b) A brief summary of the board's proceedings during the
year the report covers;
(3)(c) A statement of all money that the board received and
expended during the year the report covers.
(E)(8) Keep a record of all of the following:
(1)(a) The board's proceedings;
(2)(b) The name and last known physical address, electronic
mail address, and telephone number of each person issued a license
under section 4713.28, 4713.30, 4713.31, 4713.34, or 4713.39 of
the Revised Code this chapter;
(3) The name and address of each salon issued a license under
section 4713.41 of the Revised Code and each school of cosmetology
issued a license under section 4713.44 of the Revised Code;
(4) The name and address of each tanning facility issued a
permit under section 4713.48 of the Revised Code;
(5)(c) The date and number of each license and permit that
the board issues;
(F)(9) All other duties that this chapter imposes on the
board.
(B) The board may delegate any of the duties listed in
division (A) of this section to the executive director or to an
individual designated by the executive director.
Sec. 4713.071. (A) Beginning one year after the effective
date of this section and continuing for the next two years, the
state board of cosmetology shall annually submit a written report
to the governor, president of the senate, and speaker of the house
of representatives. The report shall list all of the following for
the preceding twelve-month period:
(1) The number of students enrolled in courses at licensed
schools of cosmetology that are required for each of the following
licenses: braider, threader, managing braider, managing threader,
braiding instructor, and threading instructor;
(2) The number of applicants for each of the following
licenses: braider, threader, managing braider, managing threader,
braiding instructor, and threading instructor;
(3) The number of licenses issued for each of the following:
braiders, threaders, managing braiders, managing threaders,
braiding instructors, and threading instructors;
(4) The number of complaints received by the board related to
the unlicensed practice of braiding or threading;
(5) The number of investigations conducted by the board
related to the unlicensed practice of braiding or threading;
(6) The number of adjudications or other disciplinary action
taken by the board related to the unlicensed practice of braiding
or threading.
(B) The board shall include in the final report under
division (A) of this section any recommendations it has for
changes to this chapter that address both of the following:
(1) Compliance with this chapter by individuals involved in
the practice of braiding or threading;
(2) The health and safety of those served by individuals
involved in the practice of braiding or threading.
Sec. 4713.08. (A) The state board of cosmetology shall adopt
rules in accordance with Chapter 119. of the Revised Code as
necessary to implement this chapter. The rules shall do all of the
following:
(1) Govern the practice of the branches of cosmetology and
management of salons;
(2) Specify conditions a person must satisfy to qualify for a
temporary pre-examination work permit under section 4713.22 of the
Revised Code and the conditions and method of renewing a temporary
pre-examination work permit under that section;
(3) Provide for the conduct of examinations under section
4713.24 of the Revised Code;
(4) Specify conditions under which the board will take into
account, under section 4713.32 of the Revised Code, instruction an
applicant for a license under section 4713.28, 4713.30, or 4713.31
of the Revised Code received more than five years before the date
of application for the license;
(5) Provide for the granting of waivers under section 4713.29
of the Revised Code;
(6) Specify conditions an applicant must satisfy for the
board to issue the applicant a license under section 4713.34 of
the Revised Code without the applicant taking an examination
conducted under section 4713.24 of the Revised Code;
(7) Specify locations in which glamour photography services
in which a branch of cosmetology is practiced may be provided;
(8) Establish conditions and the fee for a temporary special
occasion work permit under section 4713.37 of the Revised Code and
specify the amount of time such a permit is valid;
(9) Specify conditions an applicant must satisfy for the
board to issue the applicant an independent contractor license
under section 4713.39 of the Revised Code and the fee for issuance
and renewal of the license;
(10) Establish conditions under which food may be sold at a
salon;
(11) Specify which professions regulated by a professional
regulatory board of this state may be practiced in a salon under
section 4713.42 of the Revised Code;
(12) Establish standards for the provision of cosmetic
therapy, massage therapy, or other professional service in a salon
pursuant to section 4713.42 of the Revised Code;
(13) Establish standards for board approval of, and the
granting of credits for, training in branches of cosmetology at
schools of cosmetology licensed in this state;
(14) Establish sanitary standards for the practice of the
branches of cosmetology, salons, and schools of cosmetology;
(15) Establish the application process for obtaining a
tanning facility permit under section 4713.48 of the Revised Code,
including the amount of the fee for an initial or renewed permit;
(16) Establish standards for installing and operating a
tanning facility in a manner that ensures the health and safety of
consumers, including standards that do all of the following:
(a) Establish a maximum safe time of exposure to radiation
and a maximum safe temperature at which sun lamps may be operated;
(b) Require consumers to wear protective eyeglasses and be
supervised as to the length of time consumers use the facility;
(c) Require the operator to prohibit consumers from standing
too close to sun lamps and to post signs warning consumers of the
potential effects of radiation on persons taking certain
medications and of the possible relationship of the radiation to
skin cancer;
(d) Require the installation of protective shielding for sun
lamps and handrails for consumers;
(e) Require floors to be dry during operation of lamps;
(f) Require a consumer who is under the age of eighteen to
obtain written consent from the consumer's parent or legal
guardian prior to receiving tanning services.
(17)(a) If the board, under section 4713.61 of the Revised
Code, develops a procedure for classifying licenses
inactive in
escrow, do both of the following:
(i) Establish a fee for having a license classified inactive
in escrow that reflects the cost to the board of providing the
inactive escrow license service;
(ii) Specify the continuing education that a person whose
license has been classified inactive in escrow must complete to
have the license restored. The continuing education shall be
sufficient to ensure the minimum competency in the use or
administration of a new procedure or product required by a
licensee necessary to protect public health and safety. The
requirement shall not exceed the cumulative number of hours of
continuing education that the person would have been required to
complete had the person retained an active license.
(b) In addition, the board may specify the conditions and
method for granting a temporary work permit to practice a branch
of cosmetology to a person whose license has been classified
inactive in escrow.
(18) Establish a fee for approval of a continuing education
program under section 4713.62 of the Revised Code that is adequate
to cover any expense the board incurs in the approval process;
(19) Anything else necessary to implement this chapter.
(B)(1) The rules adopted under division (A)(2) of this
section may establish additional conditions for a temporary
pre-examination work permit under section 4713.22 of the Revised
Code that are applicable to persons who practice a branch of
cosmetology in another state or country.
(2) The rules adopted under division (A)(17)(b) of this
section may establish additional conditions for a temporary work
permit that are applicable to persons who practice a branch of
cosmetology in another state.
(C) The conditions specified in rules adopted under division
(A)(6) of this section may include that an applicant is applying
for a license to practice a branch of cosmetology for which the
board determines an examination is unnecessary.
(D) The rules adopted under division (A)(11) of this section
shall not include a profession if practice of the profession in a
salon is a violation of a statute or rule governing the
profession.
(E) The sanitary standards established under division (A)(14)
of this section shall focus in particular on precautions to be
employed to prevent infectious or contagious diseases being
created or spread. The board shall consult with the Ohio
department of health when establishing the sanitary standards.
(F) The fee established by rules adopted under division
(A)(15) of this section shall cover the cost the board incurs in
inspecting tanning facilities and enforcing the board's rules but
may not exceed one hundred dollars per location of such
facilities.
Sec. 4713.081. The state board of cosmetology shall furnish a
copy of the sanitary standards established by rules adopted under
section 4713.08 of the Revised Code to each person to whom the
board issues a practicing license, managing license, or license to
operate a salon or school of cosmetology. The board also shall
furnish a copy of the sanitary standards to each person individual
providing cosmetic therapy, massage therapy, or other professional
service in a salon under section 4713.42 of the Revised Code. A
salon or school of cosmetology provided a copy of the sanitary
standards shall post the standards in a public and conspicuous
place in the salon or school.
Sec. 4713.09. The state board of cosmetology may adopt rules
in accordance with Chapter 119. section 4713.08 of the Revised
Code to establish a continuing education requirement, not to
exceed eight twelve hours in a biennial licensing period, as a
condition of renewal for a practicing license, managing license,
or instructor license.
In addition, the board shall require an
independent contractor to complete instruction in business and tax
as a condition of license renewal in an amount established by the
board in rules, not to exceed four hours.
An individual's completion of any corrective action course
required under division (B) of section 4713.64 of the Revised Code
shall not be accepted by the board as meeting any part of a
continuing education requirement established under this section or
the instruction required by this section.
Sec. 4713.10. (A) The state board of cosmetology shall
charge and collect the following fees:
(A)(1) For a temporary pre-examination work permit under
section 4713.22 of the Revised Code, five dollars;
(B)(2) For initial application to take an examination under
section 4713.24 of the Revised Code, twenty-one dollars;
(C)(3) For application to take an examination under section
4713.24 of the Revised Code by an applicant who has previously
applied to take, but failed to appear for, the examination, forty
dollars;
(D)(4) For application to re-take an examination under
section 4713.24 of the Revised Code by an applicant who has
previously appeared for, but failed to pass, the examination,
twenty-one dollars;
(E)(5) For the issuance of a license under section 4713.28,
4713.30, or 4713.31 of the Revised Code, thirty dollars;
(F)(6) For the issuance of a license under section 4713.34 of
the Revised Code, sixty dollars;
(G)(7) For renewal of a license issued under section 4713.28,
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty dollars;
(H)(8) For the issuance or renewal of a cosmetology school
license, two hundred fifty dollars;
(I)(9) For the inspection and issuance of a new salon license
or the change of name or ownership of a salon license under
section 4713.41 of the Revised Code, sixty dollars;
(J)(10) For the renewal of a salon license under section
4713.41 of the Revised Code, fifty dollars;
(K)(11) For the restoration of an expired a license that may
be restored pursuant to under section 4713.63 of the Revised Code,
and in addition to the payments for all an amount equal to the sum
of the following: the current renewal fee; any applicable late
fees; and, if one or more renewal periods have elapsed since the
license was valid, the lapsed renewal fees, thirty dollars for not
more than three of those renewal periods;
(L) (12) For the issuance of a duplicate of any license,
fifteen dollars;
(M)(13) For the preparation and mailing of a licensee's
records to another state for a reciprocity license, fifty dollars;
(N)(14) For the processing of any fees related to a check
from a licensee returned to the board for insufficient funds, an
additional twenty dollars.
(B) The board may establish an installment plan for the
payment of fines and fees and may reduce fees as considered
appropriate by the executive director.
(C) At the request of a person who is temporarily unable to
pay a fee imposed under division (A) of this section, or on its
own motion, the board may extend the date payment is due by up to
ninety days. If the fee remains unpaid after the date payment is
due, the amount of the fee shall be certified to the attorney
general for collection in the form and manner prescribed by the
attorney general. The attorney general may assess the collection
cost to the amount certified in such a manner and amount as
prescribed by the attorney general.
Sec. 4713.14. No person shall do any of the following:
(A) Use fraud or deceit in making application for a license
or permit;
(B) Aid or abet any person:
(1) Violating this chapter or a rule adopted under it;
(2) Obtaining a license or permit fraudulently;
(3) Falsely pretending to hold a current, valid license or
permit.
(C) Practice a branch of cosmetology, for pay, free, or
otherwise, without one of the following authorizing the practice
of that branch of cosmetology:
(1) A current, valid license under section 4713.28, 4713.30,
or 4713.34 of the Revised Code;
(2) A current, valid temporary pre-examination work permit
issued under section 4713.22 of the Revised Code;
(3) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code;
(4) A current, valid temporary work permit issued under rules
adopted by the board pursuant to section 4713.08 of the Revised
Code.
(D) Employ a person an individual to practice a branch of
cosmetology if the person individual does not hold one of the
following authorizing the practice of that branch of cosmetology:
(1) A current, valid license under section 4713.28, 4713.30,
or 4713.34 of the Revised Code;
(2) A current, valid temporary pre-examination work permit
issued under section 4713.22 of the Revised Code;
(3) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code;
(4) A current, valid temporary work permit issued under rules
adopted by the board pursuant to section 4713.08 of the Revised
Code.
(E) Manage a salon without a current, valid license issued
under section 4713.30 or 4713.34 of the Revised Code to manage
that type of salon;
(F) Except for apprentice instructors and as provided in
section 4713.45 of the Revised Code, teach the theory or practice
of a branch of cosmetology at a school of cosmetology without
either of the following authorizing the teaching of that branch of
cosmetology:
(1) A current, valid license under section 4713.31 or 4713.34
of the Revised Code;
(2) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code.
(G) Advertise or operate a glamour photography service in
which a branch of cosmetology is practiced unless the person
individual practicing the branch of cosmetology holds either of
the following authorizing the practice of that branch of
cosmetology:
(1) A current, valid license under section 4713.28, 4713.30,
or 4713.34 of the Revised Code;
(2) A current, valid temporary special occasion work permit
issued under section 4713.37 of the Revised Code.
(H) Advertise or operate a glamour photography service in
which a branch of cosmetology is practiced at a location not
specified by rules adopted under section 4713.08 of the Revised
Code;
(I) Practice a branch of cosmetology at a salon in which the
person rents booth space as an independent contractor without a
current, valid independent contractor license issued under section
4713.39 of the Revised Code;
(J) Operate a salon without a current, valid license under
section 4713.41 of the Revised Code;
(K) Provide cosmetic therapy or massage therapy at a salon
for pay, free, or otherwise without a current, valid certificate
issued by the state medical board under section 4731.15 of the
Revised Code or provide any other professional service at a salon
for pay, free, or otherwise without a current, valid license or
certificate issued by the professional regulatory board of this
state that regulates the profession;
(L) Teach a branch of cosmetology at a salon, unless the
person individual receiving the instruction holds either of the
following authorizing the practice of that branch of cosmetology:
(1) A current, valid license under section 4713.28, 4713.30,
or 4713.34 of the Revised Code;
(2) A current, valid temporary pre-examination work permit
issued under section 4713.22 of the Revised Code.
(M) Operate a school of cosmetology without a current, valid
license under section 4713.44 of the Revised Code;
(N) At a salon or school of cosmetology, do either of the
following:
(1) Use or possess a cosmetic product containing an
ingredient that the United States food and drug administration has
prohibited by regulation;
(2)(O) Use a cosmetic product in a manner inconsistent with a
restriction established by the United States food and drug
administration by regulation;
(3)(P) Use or possess a liquid nail monomer containing any
trace of methyl methacrylate (MMA).
(O)(Q) While in charge of a salon or school of cosmetology,
permit any person individual to sleep in, or use for residential
purposes, any room used wholly or in part as the salon or school
of cosmetology;
(P)(R) Maintain, as an established place of business for the
practice of one or more of the branches of cosmetology, a room
used wholly or in part for sleeping or residential purposes;
(Q)(S) Treat as an independent contractor for purposes of
federal or state taxes or workers' compensation an individual the
person hired, sets the schedule of, or compensates by commission
or otherwise;
(T) Operate a tanning facility that is offered to the public
for a fee or other compensation otherwise without a current, valid
permit under section 4713.48 of the Revised Code;
(U) Use any of the services or arts that are part of the
practice of a branch of cosmetology to treat or attempt to cure a
physical or mental disease or ailment.
Sec. 4713.141. An inspector employed by the state board of
cosmetology may take a sample of a product used or sold in a salon
or school of cosmetology for the purpose of examining the sample,
or causing an examination of the sample to be made, to determine
whether division (N), (O), or (P) of section 4713.14 of the
Revised Code has been violated.
Should the results of the test prove that division (N), (O),
or (P) of section 4713.14 of the Revised Code has been violated,
the board shall take action in accordance with section 4713.64 of
the Revised Code. A fine imposed under that section shall include
the cost of the test. The person's license may be suspended or
revoked.
Sec. 4713.16. (A) This chapter does not prohibit any of the
following:
(A)(1) Practicing a branch of cosmetology without a license
if the person individual does so for free at the person's
individual's home for a family member who resides in the same
household as the person individual;
(B)(2) The retail sale, or trial demonstration by application
to the skin for purposes of retail sale, of cosmetics,
preparations, tonics, antiseptics, creams, lotions, wigs, or
hairpieces without a practicing license;
(C)(3) The retailing, at a salon, of cosmetics, preparations,
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,
or any other items that pose no risk of creating unsanitary
conditions at the salon;
(D)(4) The provision of glamour photography services at a
licensed salon if either of the following is the case:
(1)(a) A branch of cosmetology is not practiced as part of
the services.
(2)(b) If a branch of cosmetology is practiced as part of the
services, the part of the services that is a branch of cosmetology
is performed by a person an individual who holds either of the
following authorizing the person individual to practice that
branch of cosmetology:
(a)(i) A current, valid license under section 4713.28,
4713.30, or 4713.34 of the Revised Code;
(b)(ii) A current, valid temporary special occasion work
permit issued under section 4713.37 of the Revised Code.
(E)(5) A student engaging, as a student, in work connected
with a branch of cosmetology taught at the school of cosmetology
at which the student is enrolled.
(B) The following are exempt from the provisions of this
chapter, except, as applicable, section 4713.42 of the Revised
Code:
(1) All individuals authorized to practice medicine, surgery,
dentistry, and nursing or any of its branches in this state,
insofar as their usual and ordinary vocations and professions are
concerned;
(2) Commissioned surgical and medical officers of the United
States army, navy, air force, or marine hospital service when
engaged in the actual performance of their official duties, and
attendants attached to same;
(3) Barbers, insofar as their usual and ordinary vocation and
profession is concerned;
(4) Funeral directors, embalmers, and apprentices licensed or
registered under Chapter 4717. of the Revised Code;
(5) Persons who are engaged in the retail sale, cleaning, or
beautification of wigs and hairpieces but who do not engage in any
other act constituting the practice of a branch of cosmetology;
(6) Volunteers of hospitals, and homes as defined in section
3721.01 of the Revised Code, who render service to registered
patients and inpatients who reside in such hospitals or homes.
Such volunteers shall not use or work with any chemical products
such as permanent wave, hair dye, or chemical hair relaxer, which
without proper training would pose a health or safety problem to
the patient.
(7) Nurse aides and other employees of hospitals and homes as
defined in section 3721.01 of the Revised Code, who practice a
branch of cosmetology on registered patients only as part of
general patient care services and who do not charge patients
directly on a fee for service basis;
(8) Cosmetic therapists and massage therapists who hold
current, valid certificates to practice cosmetic or massage
therapy issued by the state medical board under section 4731.15 of
the Revised Code, to the extent their actions are authorized by
their certificates to practice;
(9) Inmates who provide services related to a branch of
cosmetology to other inmates, except when those services are
provided in a licensed school of cosmetology within a state
correctional institution for females.
(C) The director of rehabilitation and correction shall
oversee the services described in division (B)(9) of this section
with respect to sanitation and adopt rules governing those types
of services provided by inmates.
Sec. 4713.20. (A) Each person individual who seeks admission
to an examination conducted under section 4713.24 of the Revised
Code
and each person who seeks a license under this chapter shall
do all submit both of the following:
(1) Submit to the state board of cosmetology a written
application containing:
(A) As part of a license application, proof of the following:
(a) If the person seeks admission to an examination, that the
person individual satisfies all conditions to obtain the license
for which the examination is conducted, other than the requirement
to have passed the examination;
(b) If the person seeks a license, that the person satisfies
all conditions for obtaining the license.
(2) Pay to the board the applicable fee;
(3) Verify by oath that the application is true.
(B) An application to operate a salon or school of
cosmetology may be submitted by the owner, manager, or person in
charge of the salon or school A set of the individual's
fingerprint impressions.
Sec. 4713.21. Both of the following may apply again under
section 4713.20 of the Revised Code for admission to an
examination conducted under section 4713.24 of the Revised Code:
(A) A person An individual who failed to appear for an
examination that the person individual was previously scheduled to
take;
(B) A person An individual who appeared for a previously
scheduled examination but failed to pass it.
Sec. 4713.22. (A) The state board of cosmetology shall issue
a temporary pre-examination work permit to a person an individual
who applies under section 4713.20 of the Revised Code for
admission to an examination conducted under section 4713.24 of the
Revised Code, if the person individual satisfies all of the
following conditions:
(1) Is seeking a practicing license;
(2) Has not previously failed an examination conducted under
section 4713.24 of the Revised Code to determine the applicant's
fitness to practice the branch of cosmetology for which the person
individual seeks a license;
(3) Pays to the board the applicable fee;
(4) Satisfies all other conditions established by rules
adopted under section 4713.08 of the Revised Code.
(B) A person An individual issued a temporary pre-examination
work permit may practice the branch of cosmetology for which the
person individual seeks a license until the date the person
individual is scheduled to take an examination under section
4713.24 of the Revised Code. The person individual shall practice
under the supervision of a person an individual holding a current,
valid managing license appropriate for the type of salon in which
the permit holder practices. A temporary pre-examination work
permit is renewable in accordance with rules adopted under section
4713.08 of the Revised Code.
Sec. 4713.24. (A) The state board of cosmetology shall
conduct an examination for each person individual who satisfies
the requirements established by section 4713.20 of the Revised
Code for admission to the examination. The board may develop and
administer the appropriate examination or enter into an agreement
with a national testing service to develop the examination,
administer it, or both. The
(B) The examination shall be specific to the type of license
the person individual seeks and satisfy all of the following
conditions:
(A)(1) Include both practical demonstrations and written or
oral tests related to the type of license the person individual
seeks;
(B)(2) Relate only to a branch of cosmetology, managing
license, or both, but not be confined to any special system or
method;
(C)(3) Be consistent in both practical and technical
requirements for the type of license the person individual seeks;
(D)(4) Be of sufficient thoroughness to satisfy the board as
to the person's individual's skill in and knowledge of the branch
of cosmetology, managing license, or both, for which the
examination is conducted.
(C) The board shall adopt rules regarding the equipment or
supplies an individual is required to bring to the examination.
(D) The questions developed for the examination and the
practical demonstrations used in the testing process shall not be
released by the board, except for the following purposes:
(1) Review or rewriting of any part of the examination on a
periodic basis as prescribed in rules adopted under section
4713.08 of the Revised Code;
(2) Testing of individuals in another state for admission to
the profession of cosmetology or any of its branches as required
under a contract or by means of a license with that state.
(E) The examination papers and the scored results of the
practical demonstrations of each individual examined by the board
shall be open for inspection by the individual or the individual's
attorney for at least ninety days following the announcement of
the individual's grade, except for papers that under the terms of
a contract with a testing service are not available for
inspection. On written request of an individual or the
individual's attorney made to the board not later than ninety days
after announcement of the individual's grade, the board shall have
the individual's examination papers re-graded manually.
Sec. 4713.25. The state board of cosmetology may administer a
separate managing braider examination for individuals who complete
a managing braider training course separate from a braider
training course. The board may combine the managing braider
examination with the braider examination for individuals who
complete a combined three hundred-hour braider and managing
braider training course.
The board may administer a separate managing cosmetologist
examination for persons individuals who complete a managing
cosmetologist training course separate from a cosmetologist
training course. The board may combine the managing cosmetologist
examination with the cosmetologist examination for
persons
individuals who complete a combined eighteen hundred-hour
cosmetologist and managing cosmetologist training course.
The board may administer a separate managing esthetician
examination for persons individuals who complete a managing
esthetician training course separate from an esthetician training
course. The board may combine the managing esthetician examination
with the esthetician examination for persons individuals who
complete a combined seven hundred fifty-hour esthetician and
managing esthetician training course.
The board may administer a separate managing hair designer
examination for persons individuals who complete a managing hair
designer training course separate from a hair designer training
course. The board may combine the managing hair designer
examination with the hair designer examination for persons
individuals who complete a combined one thousand four hundred
forty-hour hair designer and managing hair designer training
course.
The board may administer a separate managing manicurist
examination for persons individuals who complete a managing
manicurist training course separate from a manicurist training
course. The board may combine the managing manicurist examination
with the manicurist examination for persons individuals who
complete a combined three hundred-hour manicurist and managing
manicurist training course.
The board may administer a separate managing natural hair
stylist examination for persons individuals who complete a
managing natural hair stylist training course separate from a
natural hair stylist training course. The board may combine the
managing natural hair stylist examination with the natural hair
stylist examination for
persons individuals who complete a
combined six hundred-hour natural hair stylist and managing
natural hair stylist training course.
The board may administer a separate managing threader
examination for individuals who complete a managing threader
training course separate from a threader training course. The
board may combine the managing threader examination with the
threader examination for individuals who complete a combined three
hundred-hour threader and managing threader training course.
Sec. 4713.26. Each person individual admitted to an
examination conducted under section 4713.24 of the Revised Code
shall furnish the person's individual's own model.
Sec. 4713.28. (A) An individual who seeks a practicing
license from the state board of cosmetology shall submit a written
application on a form furnished by the board. The application
shall contain all of the following:
(1) The name of the individual and any other identifying
information required by the board;
(2) A recent photograph of the individual that meets
specifications established by the board;
(3) A photocopy of the individual's current driver's license
or other proof of legal residence in this state or a contiguous
state;
(4) Proof that the individual is qualified to take the
applicable examination as required by section 4713.20 of the
Revised Code;
(5) An oath verifying the application is true;
(B) The state board of cosmetology shall issue a practicing
license to an applicant who, except as provided in section 4713.30
of the Revised Code, satisfies all of the following applicable
conditions:
(A)(1) Is at least sixteen years of age;
(B)(2) Is of good moral character;
(C)(3) Has graduated from an Ohio high school, has the
equivalent of an Ohio public high school tenth grade education
diploma, or has taken an ability-to-benefit test that is approved
by the United States department of education and administered
under the department's guidelines and has attained a score that
the board considers to be satisfactory evidence of possessing at
least a tenth-grade level education;
(D)(4) Passes an examination conducted under section 4713.24
of the Revised Code for the branch of cosmetology the applicant
seeks to practice;
(E)(5) Pays to the board the applicable fee;
(F)(6) Shows proof of legal residency in the United States;
(7) In the case of an applicant for an initial braider
license, has successfully completed at least one hundred fifty
hours of instruction in a school of cosmetology licensed in this
state in subjects related to sanitation, scalp care, anatomy, hair
braiding, communication skills, and laws and rules governing the
practice of cosmetology;
(8) In the case of an applicant for an initial cosmetologist
license, has successfully completed at least
fifteen one thousand
five hundred hours of board-approved cosmetology training in a
school of cosmetology licensed in this state, except that only one
thousand hours of board-approved cosmetology training in a school
of cosmetology licensed in this state is required of a person
licensed as a barber under Chapter 4709. of the Revised Code;
(G)(9) In the case of an applicant for an initial esthetician
license, has successfully completed at least six hundred hours of
board-approved esthetics training in a school of cosmetology
licensed in this state;
(H)(10) In the case of an applicant for an initial hair
designer license, has successfully completed at least one thousand
two hundred hours of board-approved hair designer training in a
school of cosmetology licensed in this state, except that only one
thousand hours of board-approved hair designer training in a
school of cosmetology licensed in this state is required of a
person licensed as a barber under Chapter 4709. of the Revised
Code;
(I)(11) In the case of an applicant for an initial manicurist
license, has successfully completed at least two hundred hours of
board-approved manicurist training in a school of cosmetology
licensed in this state;
(J)(12) In the case of an applicant for an initial natural
hair stylist license, has successfully completed at least four
hundred fifty hours of instruction in subjects relating to
sanitation, scalp care, anatomy, hair styling, communication
skills, and laws and rules governing the practice of cosmetology;
(13) In the case of an applicant for an initial threader
license, has successfully completed at least one hundred fifty
hours of instruction in a school of cosmetology licensed in this
state in subjects related to sanitation, anatomy, threading,
communication skills, and laws and rules governing the practice of
cosmetology.
Sec. 4713.29. In accordance with rules adopted under section
4713.08 of the Revised Code, the state board of cosmetology, upon
a vote of the majority of the board, may waive a condition
established by section 4713.28 of the Revised Code for a license
to practice a branch of cosmetology for an applicant who practices
that branch of cosmetology in a state or country that does not
license or register branches of cosmetology.
Sec. 4713.30. (A) An individual who seeks a managing license
from the state board of cosmetology shall submit a written
application on a form furnished by the board. The application
shall contain all of the following:
(1) The name of the individual and any other identifying
information required by the board;
(2) A recent photograph of the individual that meets
specifications established by the board;
(3) A photocopy of the individual's current driver's license
or other proof of legal residence in this state or a contiguous
state;
(4) Proof that the individual is qualified to take the
applicable examination as required by section 4713.20 of the
Revised Code;
(5) An oath verifying the application is true;
(B) The state board of cosmetology shall issue a managing
license to an applicant who satisfies all of the following
applicable conditions:
(A)(1) Is at least sixteen years of age;
(B)(2) Is of good moral character;
(C)(3) Has graduated from an Ohio high school, has the
equivalent of an Ohio public high school tenth grade education
diploma, or has taken an ability-to-benefit test that is approved
by the United States department of education and administered
under the department's guidelines and has attained a score that
the board considers to be satisfactory evidence of possessing at
least a tenth-grade level education;
(D)(4) Pays to the board the applicable fee;
(E)(5) Passes the appropriate managing license examination;
(F)(6) Has a current, active practicing license or is
qualified to sit for an examination for both a practicing license
and a managing license at the same time;
(7) In the case of an applicant for an initial managing
braider license, does either of the following:
(a) Has the licensed managing braider, licensed managing
cosmetologist, or owner of a licensed braiding salon or licensed
beauty salon located in this or another state for whom the
applicant performed services in a licensed salon certify to the
board that the applicant has practiced braiding for at least two
thousand hours as a braider in a licensed braiding salon or as a
cosmetologist in a licensed beauty salon;
(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
braider or a cosmetologist, at least one hundred fifty hours of
board-approved managing braider training.
(8) In the case of an applicant for an initial managing
cosmetologist license, does either of the following:
(1)(a) Has a licensed managing cosmetologist or owner of a
licensed beauty salon located in this or another state for whom
the applicant performed services in a licensed salon certify to
the board that the applicant has practiced as a cosmetologist for
at least two thousand hours in a licensed beauty salon;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
cosmetologist, at least three hundred hours of board-approved
managing cosmetologist training.
(G)(9) In the case of an applicant for an initial managing
esthetician license, does either of the following:
(1)(a) Has the licensed managing esthetician, licensed
managing cosmetologist, or owner of a licensed esthetics salon or
licensed beauty salon located in this or another state for whom
the applicant performed services in a licensed salon certify to
the board that the applicant has practiced esthetics for at least
two thousand hours as an esthetician in a licensed esthetics salon
or as a cosmetologist in a licensed beauty salon;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as an
esthetician or cosmetologist, at least one hundred fifty hours of
board-approved managing esthetician training.
(H)(10) In the case of an applicant for an initial managing
hair designer license, does either of the following:
(1)(a) Has the licensed managing hair designer, licensed
managing cosmetologist, or owner of a licensed hair design salon
or licensed beauty salon located in this or another state for whom
the applicant performed services in a licensed salon certify to
the board that the applicant has practiced hair design for at
least two thousand hours as a hair designer in a licensed hair
design salon or as a cosmetologist in a licensed beauty salon;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
hair designer or cosmetologist, at least two hundred forty hours
of board-approved managing hair designer training.
(I)(11) In the case of an applicant for an initial managing
manicurist license, does either of the following:
(1)(a) Has the licensed managing manicurist, licensed
managing cosmetologist, or owner of a licensed nail salon,
licensed beauty salon, or licensed barber shop located in this or
another state for whom the applicant performed services in a
licensed salon or barber shop certify to the board that the
applicant has practiced manicuring for at least two thousand hours
as a manicurist in a licensed nail salon or licensed barber shop
or as a cosmetologist in a licensed beauty salon or licensed
barber shop;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
manicurist or cosmetologist, at least one hundred hours of
board-approved managing manicurist training.
(J)(12) In the case of an applicant for an initial managing
natural hair stylist license, does either of the following:
(1)(a) Has the licensed managing natural hair stylist,
licensed managing cosmetologist, or owner of a licensed natural
hair style salon or licensed beauty salon located in this or
another state for whom the applicant performed services in a
licensed salon certify to the board that the applicant has
practiced natural hair styling for at least two thousand hours as
a natural hair stylist in a licensed natural hair style salon or
as a cosmetologist in a licensed beauty salon;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as
natural hair stylist or cosmetologist, at least one hundred fifty
hours of board-approved managing natural hair stylist training.
(13) In the case of an applicant for an initial managing
threader license, does either of the following:
(a) Has the licensed managing threader, licensed managing
cosmetologist, or owner of a licensed threading salon or licensed
beauty salon in which the applicant has been employed in this or
another state for whom the applicant performed services in a
licensed salon certify to the board that the applicant has
practiced threading for at least two thousand hours as a threader
in a licensed threading salon or as a cosmetologist in a licensed
beauty salon;
(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully
completed, in addition to the hours required for licensure as a
threader or a cosmetologist, at least one hundred fifty hours of
board-approved managing threader training.
Sec. 4713.31. (A) An individual who seeks an instructor
license from the state board of cosmetology shall submit a written
application on a form furnished by the board. The application
shall contain all of the following:
(1) The name of the individual and any other identifying
information required by the board;
(2) A recent photograph of the individual that meets
specifications established by the board;
(3) A photocopy of the individual's current driver's license
or other proof of legal residence in this state or a contiguous
state;
(4) Proof that the individual satisfies all conditions to
obtain the license;
(5) An oath verifying the application is true;
(B) The state board of cosmetology shall issue an instructor
license to an applicant who satisfies all of the following
applicable conditions:
(A)(1) Is at least eighteen years of age;
(B)(2) Is of good moral character;
(C)(3) Has graduated from an Ohio high school, has the
equivalent of an Ohio public high school
twelfth grade education
diploma, or has taken an ability-to-benefit test that is approved
by the United States department of education and administered
under the department's guidelines and has attained a score that
the board considers to be satisfactory evidence of possessing at
least a tenth-grade level education;
(D)(4) Pays to the board the applicable fee;
(E)(5) In the case of an applicant for an initial braiding
instructor license, holds a current, valid managing braider
license or managing cosmetologist license and does either of the
following:
(a) Has the licensed managing braider, licensed managing
cosmetologist, or owner of a licensed braiding salon or licensed
beauty salon in which the applicant has been employed in this or
another state for whom the applicant performed services in a
licensed salon certify to the board that the applicant has engaged
in the practice of braiding in a licensed braiding salon or the
practice of cosmetology in a licensed beauty salon for at least
two thousand hours;
(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least one hundred fifty hours of board-approved braiding
instructor training as an apprentice instructor.
(6) In the case of an applicant for an initial cosmetology
instructor license, holds a current, valid managing cosmetologist
license issued in this state and does either of the following:
(1)(a) Has the licensed managing cosmetologist or owner of
the licensed beauty salon in which the applicant has been employed
in this or another state for whom the applicant performed services
in a licensed salon certify to the board that the applicant has
engaged in the practice of cosmetology in a licensed beauty salon
for at least two thousand hours;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
one thousand hours of board-approved cosmetology instructor
training as an apprentice instructor.
(F)(7) In the case of an applicant for an initial esthetics
instructor license, holds a current, valid managing esthetician or
managing cosmetologist license issued in this state and does
either of the following:
(1)(a) Has the licensed managing esthetician, licensed
managing cosmetologist, or owner of the licensed esthetics salon
or licensed beauty salon in which the applicant has been employed
in this or another state for whom the applicant performed services
in a licensed salon certify to the board that the applicant has
engaged in the practice of esthetics in a licensed esthetics salon
or practice of cosmetology in a licensed beauty salon for at least
two thousand hours;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least five hundred hours of board-approved esthetics instructor
training as an apprentice instructor.
(G)(8) In the case of an applicant for an initial hair design
instructor license, holds a current, valid managing hair designer
or managing cosmetologist license and does either of the
following:
(1)(a) Has the licensed managing hair designer, licensed
managing cosmetologist, or owner of the licensed hair design salon
or licensed beauty salon in which the applicant has been employed
in this or another state for whom the applicant performed services
in a licensed salon certify to the board that the applicant has
engaged in the practice of hair design in a licensed hair design
salon or practice of cosmetology in a licensed beauty salon for at
least two thousand hours;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least eight hundred hours of board-approved hair design
instructor's training as an apprentice instructor.
(H)(9) In the case of an applicant for an initial manicurist
instructor license, holds a current, valid managing manicurist or
managing cosmetologist license and does either of the following:
(1)(a) Has the licensed managing manicurist, licensed
managing cosmetologist, or owner of the licensed nail salon or
licensed beauty salon in which the applicant has been employed in
this or another state for whom the applicant performed services in
a licensed salon certify to the board that the applicant has
engaged in the practice of manicuring in a licensed nail salon or
practice of cosmetology in a licensed beauty salon for at least
two thousand hours;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least three hundred hours of board-approved manicurist
instructor training as an apprentice instructor.
(I)(10) In the case of an applicant for an initial natural
hair style instructor license, holds a current, valid managing
natural hair stylist or managing cosmetologist license and does
either of the following:
(1)(a) Has the licensed managing natural hair stylist,
licensed managing cosmetologist, or owner of the licensed natural
hair style salon or licensed beauty salon in which the applicant
has been employed in this or another state for whom the applicant
performed services in a licensed salon certify to the board that
the applicant has engaged in the practice of natural hair styling
in a licensed natural hair style salon or practice of cosmetology
in a licensed beauty salon for at least two thousand hours;
(2)(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least four hundred hours of board-approved natural hair style
instructor training as an apprentice instructor.
(11) In the case of an applicant for an initial threading
instructor license, holds a current, valid managing threader
license or managing cosmetologist license and does either of the
following:
(a) Has the licensed managing threader, licensed managing
cosmetologist, or owner of the licensed threading salon or
licensed beauty salon in which the applicant has been employed in
this or another state for whom the applicant performed services in
a licensed salon certify to the board that the applicant has
engaged in the practice of threading in a licensed threading salon
or the practice of cosmetology in a licensed beauty salon for at
least two thousand hours;
(b) Has a school of cosmetology licensed in this state
certify to the board that the applicant has successfully completed
at least one hundred fifty hours of board-approved threading
instructor training as an apprentice instructor.
Sec. 4713.32. When determining the total hours of instruction
received by an applicant for a license under section 4713.28,
4713.30, or 4713.31 of the Revised Code this chapter, the state
board of cosmetology shall not take into account more than ten
hours of instruction per day. The board shall take into account
instruction received more than five years prior to the date of
application for the license in accordance with rules adopted under
section 4713.08 of the Revised Code.
Sec. 4713.34. The state board of cosmetology shall issue a
license to practice a branch of cosmetology, managing license, or
instructor license to an applicant who is licensed or registered
in another state or country to practice that branch of
cosmetology, manage that type of salon, or teach the theory and
practice of that branch of cosmetology, as appropriate, if all of
the following conditions are satisfied:
(A) The applicant satisfies all of the following conditions:
(1) Is not less than eighteen years of age;
(2) Is of good moral character;
(3) Shows proof of legal residence in the United States;
(4) Provides a recent photograph of the applicant that meets
specifications established by the board;
(5) In the case of an applicant for a practicing license or
managing license, passes an a practical and theory examination
conducted under section 4713.24 of the Revised Code for the
license the applicant seeks, unless the applicant satisfies
conditions specified in rules adopted under section 4713.08 of the
Revised Code for the board to issue the applicant a license
without taking the examination;
(4)(6) Pays the applicable fee.
(B) At the time the applicant obtained the license or
registration in the other state or country, the requirements in
this state for obtaining the license the applicant seeks were
substantially equal to the other state or country's requirements.
(C) The jurisdiction that issued the applicant's license or
registration extends similar reciprocity to persons individuals
holding a license issued by the board.
Sec. 4713.35. A person An individual who holds a current,
valid braider license issued by the state board of cosmetology may
engage in the practice of braiding but no other branch of
cosmetology.
An individual who holds a current, valid cosmetologist
license issued by the state board of cosmetology may engage in the
practice of one or more branches of cosmetology as the person
individual chooses.
A person An individual who holds a current, valid esthetician
license issued by the board may engage in the practice of
esthetics but no. The individual may not engage in any other
branch of cosmetology, except to the extent that the activities
included in the practice of threading are also part of the
practice of esthetics.
A person An individual who holds a current, valid hair
designer license issued by the board may engage in the practice of
hair design but no. The individual may not engage in any other
branch of cosmetology, except to the extent that the activities
included in the practice of braiding are also part of the practice
of hair design.
A person An individual who holds a current, valid manicurist
license issued by the board may engage in the practice of
manicuring but no other branch of cosmetology.
A person An individual who holds a current, valid natural
hair stylist license issued by the board may engage in the
practice of natural hair styling but no. The individual may not
engage in any other branch of cosmetology, except to the extent
that the activities included in the practice of braiding are also
part of the practice of natural hair styling.
An individual who holds a current, valid threading license
issued by the board may engage in the practice of threading but no
other branch of cosmetology.
An individual who holds a current, valid managing braider
license issued by the board may manage a braiding salon, but no
other type of salon, and engage in the practice of braiding but no
other branch of cosmetology.
A person An individual who holds a current, valid managing
cosmetologist license issued by the board may manage all types of
salons and engage in the practice of one or more branches of
cosmetology as the person individual chooses.
A person An individual who holds a current, valid managing
esthetician license issued by the board may manage an esthetics
salon, but no other type of salon, and. The individual may engage
in the practice of esthetics, but no may not engage in any other
branch of cosmetology, except to the extent that the activities
included in the practice of threading are also part of the
practice of esthetics.
A person An individual who holds a current, valid managing
hair designer license issued by the board may manage a hair design
salon, but no other type of salon, and. The individual may engage
in the practice of hair design, but no may not engage in any other
branch of cosmetology, except to the extent that the activities
included in the practice of braiding are also part of the practice
of hair design.
A person An individual who holds a current, valid managing
manicurist license issued by the board may manage a nail salon,
but no other type of salon, and engage in the practice of
manicuring, but no other branch of cosmetology.
A person An individual who holds a current, valid managing
natural hair stylist license issued by the board may manage a
natural hair style salon, but no other type of salon, and. The
individual may engage in the practice of natural hair styling, but
no may not engage in any other branch of cosmetology, except to
the extent that the activities included in the practice of
braiding are also part of the practice of natural hair styling.
An individual who holds a current, valid managing threading
license issued by the board may manage a threading salon, but no
other type of salon, and engage in the practice of threading, but
no other branch of cosmetology.
An individual who holds a current, valid braiding instructor
license issued by the board may teach at a school of cosmetology
the theory and practice of braiding, but no other branch of
cosmetology.
A person An individual who holds a current, valid cosmetology
instructor license issued by the board may teach the theory and
practice of one or more branches of cosmetology at a school of
cosmetology as the person individual chooses.
A person An individual who holds a current, valid esthetics
instructor license issued by the board may teach at a school of
cosmetology the theory and practice of esthetics, but no may not
teach the theory and practice of any other branch of cosmetology,
at a school of cosmetology except to the extent that the theory
and practice of threading are also part of the theory and practice
of esthetics.
A person An individual who holds a current, valid hair design
instructor license issued by the board may teach at a school of
cosmetology the theory and practice of hair design, but no may not
teach the theory and practice of any other branch of cosmetology,
at a school of cosmetology except to the extent that the theory
and practice of braiding are also part of the theory and practice
of hair design.
A person An individual who holds a current, valid manicurist
instructor license issued by the board may teach the theory and
practice of manicuring, but no other branch of cosmetology, at a
school of cosmetology.
A person An individual who holds a current, valid natural
hair style instructor license issued by the board may teach at a
school of cosmetology the theory and practice of natural hair
styling, but no may not teach the theory and practice of any other
branch of cosmetology, at a school of cosmetology except to the
extent that the theory and practice of braiding are also part of
the theory and practice of natural hair styling.
An individual who holds a current threading instructor
license issued by the board may teach the theory and practice of
threading, but no other branch of cosmetology, at a school of
cosmetology.
Sec. 4713.37. (A) The state board of cosmetology may issue a
temporary special occasion work permit to a person an individual
who satisfies all of the following conditions:
(1) Has been licensed or registered in another state or
country to practice a branch of cosmetology or teach the theory
and practice of a branch of cosmetology for at least five years;
(2) Is a recognized expert in the practice or teaching of the
branch of cosmetology the person individual practices or teaches;
(3) Is to practice that branch of cosmetology or teach the
theory and practice of that branch of cosmetology in this state as
part of a promotional or instructional program for not more than
the amount of time a temporary special occasion work permit is
effective;
(4) Satisfies all other conditions for a temporary special
occasion work permit established by rules adopted under section
4713.08 of the Revised Code;
(5) Pays the fee established by rules adopted under section
4713.08 of the Revised Code.
(B) A person An individual issued a temporary special
occasion work permit may practice the branch of cosmetology the
person individual practices in another state or country, or teach
the theory and practice of the branch of cosmetology the person
individual teaches in another state or country, until the
expiration date of the permit. A temporary special occasion work
permit is valid for the period of time specified in rules adopted
under section 4713.08 of the Revised Code.
Sec. 4713.39. (A) An individual who holds a current valid
manager's license shall be granted a license to practice as an
independent contractor in the branch of cosmetology for which the
manager's license was issued if the individual does all of the
following:
(1) Completes an application on a form furnished by the state
board of cosmetology that includes the individual's name, physical
and electronic mail address, telephone number, and any other
information required by rules adopted by the board under section
4713.08 of the Revised Code;
(2) Submits to the board a signed statement attesting that
the individual will comply with division (B) of this section.
(B) The holder of an independent contractor license shall do
all of the following:
(1) Practice in a space the individual rents in a licensed
salon and post the independent contractor license in that space;
(2) Supply all of the supplies the individual will use in the
practice;
(3) Set the individual's own schedule;
(4) Pay all applicable taxes and comply with any applicable
state or federal law or local ordinance;
(5) Pay for any insurance coverage.
(C) An independent contractor who rents space in a salon
shall enter into a contract with the salon or the salon's owner.
The contract shall specify the business relationship between the
parties and the responsibilities of each party. The salon or salon
owner shall comply with all applicable state and federal laws and
local ordinances.
Sec. 4713.41. (A) A person who seeks a license to operate a
salon from the state board of cosmetology shall submit a written
application on a form furnished by the board. The application
shall contain all of the following:
(1) The name of the person, the location of the salon, and
any other identifying information required by the board;
(2) A recent photograph of the individual signing the
application that meets specifications established by the board;
(3) A photocopy of the current driver's license of the
individual signing the application or other proof of the
individual's legal residence in this state or a contiguous state;
(4) Proof that the person satisfies all conditions to obtain
the license;
(5) An oath verifying the application is true;
An application for a license to operate a salon may be
submitted by the owner, manager, or individual in charge of the
salon.
(B) The state board of cosmetology shall issue a license to
operate a salon to an applicant who pays the applicable fee and
affirms that all of the following conditions will be met:
(A)(1) A person (a) An individual holding a current, valid
managing cosmetologist license or license to manage that type of
salon has charge of and immediate supervision over the salon at
all times when the salon is open for business except as permitted
under division (A)(2)(B)(1)(b) of this section.
(2)(b) A business establishment that is engaged primarily in
retail sales but is also licensed as a salon shall have a person
an individual holding a current, valid managing license for that
type of salon in charge of and in immediate supervision of the
salon during posted or advertised service hours, if the practice
of cosmetology is restricted to those posted or advertised service
hours.
(B)(2) The salon is equipped to do all of the following:
(1)(a) Provide potable running hot and cold water and proper
drainage;
(2)(b) Sanitize all instruments and supplies used in the
branch of cosmetology provided at the salon;
(3)(c) If cosmetic therapy, massage therapy, or other
professional service is provided at the salon under section
4713.42 of the Revised Code, sanitize all instruments and supplies
used in the cosmetic therapy, massage therapy, or other
professional service.
(C)(3) Except as provided in sections 4713.42 and 4713.49 of
the Revised Code, only the branch of cosmetology that the salon is
licensed to provide is practiced at the salon.
(D)(4) The salon is kept in a clean and sanitary condition
and properly ventilated.
(E)(5) No food is sold at the salon in a manner inconsistent
with rules adopted under section 4713.08 of the Revised Code.
Sec. 4713.42. A person An individual holding a current, valid
certificate issued under section 4731.15 of the Revised Code to
provide cosmetic therapy or massage therapy may provide cosmetic
therapy or massage therapy, as appropriate, in a salon. A person
An individual holding a current, valid license or certificate
issued by a professional regulatory board of this state may
practice the
person's individual's profession in a salon if the
person's individual's profession is authorized by rules adopted
under section 4713.08 of the Revised Code to practice in a salon.
A person An individual providing cosmetic therapy, massage
therapy, or other professional service in a salon pursuant to this
section shall satisfy the standards established by rules adopted
under section 4713.08 of the Revised Code.
Sec. 4713.44. (A) A person who seeks a license to operate a
school of cosmetology from the state board of cosmetology shall
submit a written application on a form furnished by the board. The
form shall contain all of the following:
(1) The name of the person, the location of the school, and
any other identifying information required by the board;
(2) A recent photograph of the individual signing the
application that meets specifications established by the board;
(3) Proof that the person satisfies all conditions to obtain
the license;
(4) An oath verifying the application is true;
An application for a license to operate a school of
cosmetology may be submitted by the owner, manager, or individual
in charge of the school.
(B) The state board of cosmetology shall issue a license to
operate a school of cosmetology to an applicant who pays the
applicable fee and satisfies all of the following requirements:
(A)(1) Maintains a course of practical training and technical
instruction for the branch or branches of cosmetology to be taught
at the school equal to the requirements for admission to an
examination under section 4713.24 of the Revised Code that a
person an individual must pass to obtain a license to practice
that branch or those branches of cosmetology;
(B)(2) Possesses or makes available apparatus and equipment
sufficient for the ready and full teaching of all subjects of the
curriculum;
(C)(3) Maintains persons individuals licensed under section
4713.31 or 4713.34 of the Revised Code to teach the theory and
practice of the branches of cosmetology;
(D)(4) Notifies the board of the enrollment of each new
student, keeps a record devoted to the different practices,
establishes grades, and holds examinations in order to certify the
students' completion of the prescribed course of study before the
issuance of certificates of completion;
(E)(5) In the case of a school of cosmetology that offers
clock hours for the purpose of satisfying minimum hours of
training and instruction, keeps a daily record of the attendance
of each student;
(F)(6) On the date that an apprentice cosmetology instructor
begins cosmetology instructor training at the school, certifies
the name of the apprentice cosmetology instructor to the board
along with the date on which the apprentice's instructor training
began;
(G)(7) Instructs not more than six apprentice cosmetology
instructors at any one time;
(H)(8) Files with the board a good and sufficient surety bond
executed by the person, firm, or corporation operating the school
of cosmetology as principal and by a surety company as surety in
the amount of ten thousand dollars; provided, except that this
requirement does not apply to a vocational program conducted by a
city, exempted village, local, or joint vocational school
district. The bond shall be in the form prescribed by the board
and be conditioned upon the school's continued instruction in the
theory and practice of the branches of cosmetology. Every bond
shall continue in effect until notice of its termination is given
to the board by registered mail and every bond shall so provide.
Sec. 4713.45. (A) A school of cosmetology may do the
following:
(1) In accordance with rules adopted under section 4713.08 of
the Revised Code, a school of cosmetology operated by a public
entity may offer clock hours, credit hours, or competency-based
credits, and a school of cosmetology that is operated by a private
person may offer clock or credit hours, for the purpose of
satisfying minimum hours of training and instruction;
(2) Allow an apprentice cosmetology instructor the regular
quota of students prescribed by the state board of cosmetology if
a cosmetology instructor is present;
(3) Compensate an apprentice cosmetology instructor;
(4) Subject to division (B) of this section, employ a person
an individual who does not hold a current, valid instructor
license to teach subjects related to a branch of cosmetology.
(B) A school of cosmetology shall have a licensed cosmetology
instructor present when a person an individual employed pursuant
to division (A)(4) of this section teaches at the school, unless
the person individual is one of the following:
(1) A person An individual with a current, valid teacher's
certificate or educator license issued by the state board of
education;
(2) A person An individual with a bachelor's degree in the
subject the person individual teaches at the school;
(3) A person An individual also employed by a university or
college to teach the subject the person individual teaches at the
school.
Sec. 4713.48. (A) The state board of cosmetology shall issue
a permit to operate a tanning facility to an applicant if all of
the following conditions are satisfied:
(1) The applicant applies in accordance with the application
process adopted by rules adopted under section 4713.08 of the
Revised Code.
(2) The applicant pays to the treasurer of state the fee
established by those rules.
(3) An initial inspection of the premises indicates that the
tanning facility has been installed and will be operated in
accordance with those rules.
(B) A permit holder shall post the permit in a public and
conspicuous place on any premises where the tanning facility is
located. A person shall obtain a separate permit for each of the
premises owned or operated by that person at which the person
seeks to operate a tanning facility.
(C) A To continue operating, a permit holder may shall
biennially renew a the permit by the last day of January of each
odd-numbered year upon. The board shall renew the permit upon the
holder's payment to the treasurer of state of the biennial renewal
fee.
Sec. 4713.55. Every license issued by the state board of
cosmetology shall be signed by the chairperson and attested by the
executive director thereof, with the seal of the board attached.
The board shall specify on each practicing license that the
board issues the branch of cosmetology that the license entitles
the holder to practice. The board shall specify on each managing
license that the board issues the type of salon that the license
entitles the holder to manage and the branch of cosmetology that
the license entitles the holder to practice. The board shall
specify on each instructor license that the board issues the
branch of cosmetology that the license entitles the holder to
teach. The board shall specify on each salon license that the
board issues the branch of cosmetology that the license entitles
the holder to offer. The board shall specify on each independent
contractor license that the board issues the branch of cosmetology
that the license entitles the holder to offer within a licensed
salon. Such licenses are prima-facie evidence of the right of the
holder to practice or teach the branch of cosmetology, or manage
the type of salon, that the license specifies.
Sec. 4713.56. Every holder of a practicing license, managing
license, instructor license, or independent contractor license
issued by the state board of cosmetology shall display the license
in a public and conspicuous place in the place of employment of
the holder.
Every holder of a license to operate a salon issued by the
board shall display the license in a public and conspicuous place
in the salon.
Every holder of a license to operate a school of cosmetology
issued by the board shall display the license in a public and
conspicuous place in the school.
Every
person individual who provides cosmetic therapy,
massage therapy, or other professional service in a salon under
section 4713.42 of the Revised Code shall display the
person's
individual's professional license or certificate in a public and
conspicuous place in the room used for the therapy or other
service.
Sec. 4713.58. (A) Except as provided in division (B) of this
section, on payment of the renewal fee and submission of proof
satisfactory to the state board of cosmetology that any applicable
continuing education requirements have been completed, a person an
individual currently licensed as:
(1) A braiding instructor who has previously been licensed as
a braider or a managing braider, is entitled to the reissuance of
a braider or managing braider license;
(2) A cosmetology instructor who has previously been licensed
as a cosmetologist or a managing cosmetologist, is entitled to the
reissuance of a cosmetologist or managing cosmetologist license;
(2)(3) An esthetics instructor who has previously been
licensed as an esthetician or a managing esthetician, is entitled
to the reissuance of an esthetician or managing esthetician
license;
(3)(4) A hair design instructor who has previously been
licensed as a hair designer or a managing hair designer, is
entitled to the reissuance of a hair designer or managing hair
designer license;
(4)(5) A manicurist instructor who has previously been
licensed as a manicurist or a managing manicurist, is entitled to
the reissuance of a manicurist or managing manicurist license;
(5)(6) A natural hair style instructor who has previously
been licensed as a natural hair stylist or a managing natural hair
stylist, is entitled to the reissuance of a natural hair stylist
or managing natural hair stylist license;
(7) A threading instructor who has previously been licensed
as a threader or a managing threader, is entitled to the
reissuance of a threader or managing threader license.
(B) No person individual is entitled to the reissuance of a
license under division (A) of this section if the license was
revoked or suspended or the person individual has an outstanding
unpaid fine levied under section 4713.64 of the Revised Code.
Sec. 4713.60. (A) Except as provided in division (C) of this
section, a person an individual seeking a renewal of a license to
practice a branch of cosmetology, managing license, or instructor
license shall include in the renewal application proof
satisfactory to the board of completion of any applicable
continuing education requirements established by rules adopted
under section 4713.09 of the Revised Code.
(B) If an applicant fails to provide satisfactory proof of
completion of any applicable continuing education requirements,
the board shall notify the applicant that the application is
incomplete. The board shall not renew the license until the
applicant provides satisfactory proof of completion of any
applicable continuing education requirements. The board may
provide the applicant with an extension of up to ninety days in
which to complete the continuing education requirement. In
providing for the extension, the board may charge the licensee a
fine of up to one hundred dollars.
(C) The board may waive, or extend the period for completing,
any continuing education requirement if a licensee applies to the
board and provides proof satisfactory to the board of being unable
to complete the requirement within the time allowed because of any
of the following:
(2) An unusual or prolonged illness;
(3) Active duty service in any branch of the armed forces of
the United States.
The board shall determine the period of time during which
each extension is effective and shall inform the applicant. The
board shall also inform the applicant of the continuing education
requirements that must be met to have the license renewed. If an
extension is granted for less than one year, the continuing
education requirement for that year, in addition to the required
continuing education for the succeeding year, must be completed in
the succeeding year. In all other cases the board may waive all or
part of the continuing education requirement on a case-by-case
basis. Any required continuing education shall be completed and
satisfactory proof of its completion submitted to the board by a
date specified by the board. Every license which has not been
renewed in any odd-numbered year by the last day of January and
for which the continuing education requirement has not been waived
or extended shall be considered expired no longer valid.
Sec. 4713.61. (A) If the state board of cosmetology adopts a
continuing education requirement under section 4713.09 of the
Revised Code, it may develop a procedure by which a person an
individual who holds a license to practice a branch of
cosmetology, managing license, or instructor license and who is
not currently engaged in the practice of the branch of
cosmetology, managing a salon, or teaching the theory and practice
of the branch of cosmetology, but who desires to be so engaged in
the future, may apply to the board to have the person's
individual's license classified inactive in escrow. If the board
develops such a procedure, a person an individual seeking to have
the
person's individual's license classified inactive in escrow
shall apply to the board on a form provided by the board and pay
the fee established by rules adopted under section 4713.08 of the
Revised Code.
(B) The board shall not restore an inactive a license in
escrow until the later of the following:
(1) The date that the person individual holding the license
submits proof satisfactory to the board that the person individual
has completed the continuing education that a rule adopted under
section 4713.08 of the Revised Code requires;
(2) The last day of January of the next odd-numbered year
following the year the license is classified inactive in escrow.
(C) A person An individual who holds an inactive a license in
escrow may engage in the practice of a branch of cosmetology if
the person individual holds a temporary work permit as specified
in rules adopted by the board under section 4713.08 of the Revised
Code.
Sec. 4713.62. (A) A person An individual holding a practicing
license, managing license, or instructor license may satisfy a
continuing education requirement established by rules adopted
under section 4713.09 of the Revised Code only by completing
continuing education programs approved under division (B) of this
section or developed under division (C) of this section.
(B) The state board of cosmetology shall approve a continuing
education program if all of the following conditions are
satisfied:
(1) The person operating the program submits to the board a
written application for approval.
(2) The person operating the program pays to the board a fee
established by rules adopted under section 4713.08 of the Revised
Code.
(3) The program is operated by an employee, officer, or
director of a nonprofit professional association, college or
university, vocational school, postsecondary proprietary school of
cosmetology licensed by the board, salon licensed by the board, or
manufacturer of supplies or equipment used in the practice of a
branch of cosmetology.
(4) The program will do at least one of the following:
(a) Enhance the professional competency of the affected
licensees;
(c) Educate the affected licensees in the application of the
laws and rules regulating the practice of a branch of cosmetology.
(5) The person operating the program provides the board a
tentative schedule of when the program will be available so that
the board can make the schedule readily available to all licensees
throughout the state.
Sec. 4713.63. A practicing license, managing license, or
instructor license that has not been renewed for any reason other
than because it has been revoked, suspended, or classified
inactive in escrow, or because the license holder has been given a
waiver or extension under section 4713.60 of the Revised Code, is
expired no longer valid.
An expired The license may be restored
if the person individual who held the license meets all of the
following applicable conditions:
(A) Pays to the state board of cosmetology the restoration
fee, the current renewal fee, and any applicable late fees
specified in division (A)(11) of section 4713.10 of the Revised
Code;
(B) Pays a lapsed renewal fee of forty-five dollars per
license renewal period that has elapsed since the license was last
issued or renewed;
(C) In the case of a practicing license or managing license
that has not been expired valid for more than two consecutive
license renewal periods, completes eight hours of continuing
education for each license renewal period that has elapsed since
the license was last issued or renewed, up to a maximum of
twenty-four hours. At least four of those hours shall include a
course pertaining to sanitation and safety methods.
The board shall deposit all fees it receives under division
(B) of this section into the general revenue fund.
Sec. 4713.64. (A) In accordance with Chapter 119. of the
Revised Code, the The state board of cosmetology may deny, revoke,
or suspend a license or permit issued by the board or impose a
fine take disciplinary action for any of the following:
(1) Failure to comply with the requirements of this chapter
or rules adopted under it;
(2) Continued practice by a person an individual knowingly
having an infectious or contagious disease;
(3) Habitual drunkenness or addiction to any habit-forming
drug;
(4) Willful false and fraudulent or deceptive advertising;
(5) Falsification of any record or application required to be
filed with the board;
(6) Failure to cooperate with an investigation or an
inspection;
(7) Failure to respond to a subpoena;
(8) Failure to pay a fine or abide by a suspension order
issued by the board.
(B) On determining that there is cause for disciplinary
action, the board may do one or more of the following:
(1) Deny, revoke, or suspend a license or permit issued by
the board;
(3) Require the holder of a license or permit to take
corrective action courses.
(C) The board shall take disciplinary action pursuant to an
adjudication under Chapter 119. of the Revised Code, except that,
in lieu of an adjudication, the board may enter into a consent
agreement with the holder of the license or permit. When ratified
by a majority vote of a quorum of the board members, a consent
agreement constitutes the findings and order of the board with
respect to the matter addressed in the agreement. If the board
refuses to ratify a consent agreement, the admissions and findings
contained in it are of no effect and the case shall be scheduled
for adjudication under Chapter 119. of the Revised Code.
(D) The amount and content of corrective action courses and
other relevant criteria shall be established by the board in rules
adopted under section 4713.08 of the Revised Code.
(E)(1) The board may impose a separate fine for each offense
listed in division (A) of this section. The amount of a fine shall
be not more than five hundred dollars if the violator has not
previously been fined for that offense. The fine shall be not more
than one thousand dollars if the violator has been fined for the
same offense once before. The fine shall be not more than one
thousand five hundred dollars if the violator has been fined for
the same offense two or more times before.
(C)(2) The board shall issue an order notifying a violator of
a fine imposed under division (E)(1) of this section. The notice
shall specify the date by which the fine is to be paid. The date
must be less than forty-five days after the order is issued.
(3) At the request of a violator who is temporarily unable to
pay a fine, or on its own motion, the board may extend the date by
which the fine is to be paid to up to ninety days after the date
the order is issued.
(4) If a violator fails to pay a fine not later than the date
specified in the board's order and does not request an extension
not later than ten days after the date the order is issued or
fails to pay the fine not later than the extended date, the board
shall add to the fine an additional penalty equal to ten per cent
of the fine.
(5) If a violator fails to pay a fine not later than ninety
days after the board issues an order, the board shall add to the
fine interest at a rate specified by the board in rules adopted
under section 4713.08 of the Revised Code.
(6) If the fine, including any interest or additional
penalty, remains unpaid on the ninety-first day after the board
issues an order under division (E)(2) of this section, the amount
of the fine and any interest or additional penalty shall be
certified to the attorney general for collection in the form and
manner prescribed by the attorney general. The attorney general
may assess the collection cost to the amount certified in such a
manner and amount as prescribed by the attorney general.
(F) If a person fails to request a hearing within or consent
agreement not later than thirty days
of after the date the board,
in accordance with section 119.07 of the Revised Code, notifies
the person of the board's intent to act against the person under
division (A) of this section, the board by a majority vote of a
quorum of the board members may take the action against the person
without holding an adjudication hearing.
(D)(G) The board, after a hearing in accordance with Chapter
119. of the Revised Code or pursuant to a consent agreement, may
suspend a tanning facility license or permit if the owner license
or operator permit holder fails to correct an unsafe condition
that exists in violation of the board's rules or fails to
cooperate in an inspection of the tanning facility. If
If a violation of this chapter or rules adopted under it has
resulted in a condition reasonably believed by an inspector to
create an immediate danger to the health and safety of any person
using the tanning a facility, the inspector may suspend the
license or permit of the facility or the person responsible for
the violation without a prior hearing or an opportunity for a
consent agreement until the condition is corrected or until a
hearing in accordance with Chapter 119. of the Revised Code is
held or a consent agreement is entered into and the board either
upholds the suspension or reinstates the license or permit.
Sec. 4713.66. The state board of cosmetology or the executive
director acting for the board may compel, by order or subpoena,
the attendance of witnesses to testify in relation to any matter
over which the board has jurisdiction that is the subject of
inquiry or investigation by the board and may require the
production of any book, paper, document, or testimony pertaining
to that matter. For this purpose, the board or director has the
same power as the judge of a court of common pleas to administer
oaths and to compel the attendance of witnesses and punish
witnesses for refusal to testify.
Service of a subpoena may be made by sheriffs or constables,
or by certified mail, return receipt requested. A subpoena shall
be considered served on the date delivery is made or the date the
intended recipient refuses to accept delivery.
Witnesses shall receive, after their appearance, the fees and
mileage provided for in section 119.094 of the Revised Code. If
two or more witnesses travel together in the same vehicle, the
mileage fee shall be paid to only one of them, but the witnesses
may agree to divide the fee among them in any manner.
Should a person fail to obey an order or subpoena issued
under this section, on application by the board or director
setting forth the failure, the court of common pleas of any county
may issue a subpoena or subpoena duces tecum ordering the person
to appear and testify before the board and produce books, records,
or papers, as required. On the filing of the order, the clerk of
court, under the court's seal, shall issue process of subpoena for
the person to appear before the board or the director at a time
and place named in the subpoena, and each day thereafter until the
examination of the person is completed. The subpoena may require
that the person bring to the examination any books, records, or
papers required by the order. The clerk shall also issue, under
the seal of the court, such other orders, in reference to the
examination, appearance, and production of books, records, or
papers, as the court directs. If a person so summoned by subpoena
fails to obey the subpoena, to give testimony, to answer questions
as required, or to obey an order of the court, the court, on
motion supported by proof, may order an attachment for contempt to
be issued against the person. If the person is brought before the
court by virtue of the attachment and upon a hearing the
disobedience appears, the court may order the person to be
committed and kept in close custody.
Sec. 4713.67. (A) The state board of cosmetology, on its own
motion or on receipt of a written complaint, may investigate or
inspect the activities or premises of a person who is alleged to
have violated this chapter or rules adopted under it, regardless
of whether the person holds a license issued under this chapter.
(B) If, based on its investigation, the board determines that
there is reasonable cause to believe that a person has violated
this chapter or rules adopted under it, the board shall afford the
person an opportunity for a hearing. Notice shall be given and any
hearing conducted in accordance with Chapter 119. of the Revised
Code.
(C) The board shall maintain a transcript of the hearing and
issue a written opinion to all parties, citing its findings and
ground for any action it takes. Any action shall be taken in
accordance with section 4713.64 of the Revised Code.
Sec. 4715.30. (A) An applicant for or holder of a
certificate or license issued under this chapter is subject to
disciplinary action by the state dental board for any of the
following reasons:
(1) Employing or cooperating in fraud or material deception
in applying for or obtaining a license or certificate;
(2) Obtaining or attempting to obtain money or anything of
value by intentional misrepresentation or material deception in
the course of practice;
(3) Advertising services in a false or misleading manner or
violating the board's rules governing time, place, and manner of
advertising;
(4) Conviction of a misdemeanor committed in the course of
practice or of any felony;
(5) Engaging in lewd or immoral conduct in connection with
the provision of dental services;
(6) Selling, prescribing, giving away, or administering drugs
for other than legal and legitimate therapeutic purposes, or
conviction of violating any law of this state or the federal
government regulating the possession, distribution, or use of any
drug;
(7) Providing or allowing dental hygienists, expanded
function dental auxiliaries, or other practitioners of auxiliary
dental occupations working under the certificate or license
holder's supervision, or a dentist holding a temporary limited
continuing education license under division (C) of section 4715.16
of the Revised Code working under the certificate or license
holder's direct supervision, to provide dental care that departs
from or fails to conform to accepted standards for the profession,
whether or not injury to a patient results;
(8) Inability to practice under accepted standards of the
profession because of physical or mental disability, dependence on
alcohol or other drugs, or excessive use of alcohol or other
drugs;
(9) Violation of any provision of this chapter or any rule
adopted thereunder;
(10) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4715.03 of
the Revised Code;
(11) 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 dental 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;
(12) Advertising that the certificate or license holder 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 dental services, would
otherwise be required to pay;
(13) Failure to comply with section 4729.79 of the Revised
Code, unless the state board of pharmacy no longer maintains a
drug database pursuant to section 4729.75 of the Revised Code.
(B) A manager, proprietor, operator, or conductor of a dental
facility shall be subject to disciplinary action if any dentist,
dental hygienist, expanded function dental auxiliary, or qualified
personnel providing services in the facility is found to have
committed a violation listed in division (A) of this section and
the manager, proprietor, operator, or conductor knew of the
violation and permitted it to occur on a recurring basis.
(C) Subject to Chapter 119. of the Revised Code, the board
may take one or more of the following disciplinary actions if one
or more of the grounds for discipline listed in divisions (A) and
(B) of this section exist:
(1) Censure the license or certificate holder;
(2) Place the license or certificate on probationary status
for such period of time the board determines necessary and require
the holder to:
(a) Report regularly to the board upon the matters which are
the basis of probation;
(b) Limit practice to those areas specified by the board;
(c) Continue or renew professional education until a
satisfactory degree of knowledge or clinical competency has been
attained in specified areas.
(3) Suspend the certificate or license;
(4) Revoke the certificate or license.
Where the board places a holder of a license or certificate
on probationary status pursuant to division (C)(2) of this
section, the board may subsequently suspend or revoke the license
or certificate if it determines that the holder has not met the
requirements of the probation or continues to engage in activities
that constitute grounds for discipline pursuant to division (A) or
(B) of this section.
Any order suspending a license or certificate shall state the
conditions under which the license or certificate will be
restored, which may include a conditional restoration during which
time the holder is in a probationary status pursuant to division
(C)(2) of this section. The board shall restore the license or
certificate unconditionally when such conditions are met.
(D) If the physical or mental condition of an applicant or a
license or certificate holder is at issue in a disciplinary
proceeding, the board may order the license or certificate holder
to submit to reasonable examinations by an individual designated
or approved by the board and at the board's expense. The physical
examination may be conducted by any individual authorized by the
Revised Code to do so, including a physician assistant, a clinical
nurse specialist, a certified nurse practitioner, or a certified
nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination.
Failure to comply with an order for an examination shall be
grounds for refusal of a license or certificate or summary
suspension of a license or certificate under division (E) of this
section.
(E) If the board has reason to believe that a license or
certificate holder represents a clear and immediate danger to the
public health and safety if the holder is allowed to continue to
practice, or if the holder has failed to comply with an order
under division (D) of this section, the board may apply to the
court of common pleas of the county in which the holder resides
for an order temporarily suspending the holder's license or
certificate, without a prior hearing being afforded by the board,
until the board conducts an adjudication hearing pursuant to
Chapter 119. of the Revised Code. If the court temporarily
suspends a holder's license or certificate, the board shall give
written notice of the suspension personally or by certified mail
to the license or certificate holder. Such notice shall include
specific facts and reasons for finding a clear and immediate
danger to the public health and safety and shall inform the
license or certificate holder of the right to a hearing pursuant
to Chapter 119. of the Revised Code.
(F) Any holder of a certificate or license issued under this
chapter who has pleaded guilty to, has been convicted of, or has
had a judicial finding of eligibility for intervention in lieu of
conviction entered against the holder in this state for aggravated
murder, murder, voluntary manslaughter, felonious assault,
kidnapping, rape, sexual battery, gross sexual imposition,
aggravated arson, aggravated robbery, or aggravated burglary, or
who has pleaded guilty to, has been convicted of, or has had a
judicial finding of eligibility for treatment or intervention in
lieu of conviction entered against the holder in another
jurisdiction for any substantially equivalent criminal offense, is
automatically suspended from practice under this chapter in this
state and any certificate or license issued to the holder under
this chapter is automatically suspended, as of the date of the
guilty plea, conviction, or judicial finding, whether the
proceedings are brought in this state or another jurisdiction.
Continued practice by an individual after the suspension of the
individual's certificate or license under this division shall be
considered practicing without a certificate or license. The board
shall notify the suspended individual of the suspension of the
individual's certificate or license under this division by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. If an individual whose
certificate or license is suspended under this division fails to
make a timely request for an adjudicatory hearing, the board shall
enter a final order revoking the individual's certificate or
license.
(G) Notwithstanding divisions (A)(11) and (12) of this
section, sanctions shall not be imposed against any licensee who
waives deductibles and copayments:
(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copayments
shall be made only with the full knowledge and consent of the plan
purchaser, payer, and third-party administrator. Such consent
shall be made available to the board upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(H) In no event shall the board consider or raise during a
hearing required by Chapter 119. of the Revised Code the
circumstances of, or the fact that the board has received, one or
more complaints about a person unless the one or more complaints
are the subject of the hearing or resulted in the board taking an
action authorized by this section against the person on a prior
occasion.
Sec. 4717.14. (A) The board of embalmers and funeral
directors may refuse to grant or renew, or may suspend or revoke,
any license issued under this chapter for any of the following
reasons:
(1) The license was obtained by fraud or misrepresentation
either in the application or in passing the examination.
(2) The applicant or licensee has been convicted of or has
pleaded guilty to a felony or of any crime involving moral
turpitude.
(3) The applicant or licensee has purposely violated any
provision of sections 4717.01 to 4717.15 or a rule adopted under
any of those sections; division (A) or (B) of section 4717.23;
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),
or divisions (H) to (K) of section 4717.26; division (D)(1) of
section 4717.27; or divisions (A) to (C) of section 4717.28 of the
Revised Code; any rule or order of the department of health or a
board of health of a health district governing the disposition of
dead human bodies; or any other rule or order applicable to the
applicant or licensee.
(4) The applicant or licensee has committed immoral or
unprofessional conduct.
(5) The applicant or licensee knowingly permitted an
unlicensed person, other than a person serving an apprenticeship,
to engage in the profession or business of embalming or funeral
directing under the applicant's or licensee's supervision.
(6) The applicant or licensee has been habitually
intoxicated, or is addicted to the use of morphine, cocaine, or
other habit-forming or illegal drugs.
(7) The applicant or licensee has refused to promptly submit
the custody of a dead human body upon the express order of the
person legally entitled to the body.
(8) The licensee loaned the licensee's own license, or the
applicant or licensee borrowed or used the license of another
person, or knowingly aided or abetted the granting of an improper
license.
(9) The applicant or licensee transferred a license to
operate a funeral home, embalming facility, or crematory from one
owner or operator to another, or from one location to another,
without notifying the board.
(10) The applicant or licensee mislead misled the public by
using false or deceptive advertising.
(B)(1) The board of embalmers and funeral directors shall
refuse to grant or renew, or shall suspend or revoke, an
embalmer's, funeral director's, funeral home, or embalming
facility license only in accordance with Chapter 119. of the
Revised Code.
(2) The board shall send to the crematory review board
written notice that it proposes to refuse to issue or renew, or
proposes to suspend or revoke, a license to operate a crematory
facility. If, after the conclusion of the adjudicatory hearing on
the matter conducted under division (E) of section 4717.03 of the
Revised Code, the board of embalmers and funeral directors finds
that any of the circumstances described in divisions (A)(1) to
(10) of this section apply to the person named in its proposed
action, the board may issue a final order under division (E) of
section 4717.03 of the Revised Code refusing to issue or renew, or
suspending or revoking, the person's license to operate a
crematory facility.
(C) If the board of embalmers and funeral directors
determines that there is clear and convincing evidence that any of
the circumstances described in divisions (A)(1) to (10) of this
section apply to the holder of a license issued under this chapter
and that the licensee's continued practice presents a danger of
immediate and serious harm to the public, the board may suspend
the licensee's license without a prior adjudicatory hearing. The
executive director of the board shall prepare written allegations
for consideration by the board.
The board, after reviewing the written allegations, may
suspend a license without a prior hearing.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. Such an order is not subject
to suspension by the court during the pendency of any appeal filed
under section 119.12 of the Revised Code. If the holder of an
embalmer's, funeral director's, funeral home, or embalming
facility license requests an adjudicatory hearing by the board,
the date set for the hearing shall be within fifteen days, but not
earlier than seven days, after the licensee has requested a
hearing, unless the board and the licensee agree to a different
time for holding the hearing.
Upon issuing a written order of suspension to the holder of a
license to operate a crematory facility, the board of embalmers
and funeral directors shall send written notice of the issuance of
the order to the crematory review board. The crematory review
board shall hold an adjudicatory hearing on the order under
division (E) of section 4717.03 of the Revised Code within fifteen
days, but not earlier than seven days, after the issuance of the
order, unless the crematory review board and the licensee agree to
a different time for holding the adjudicatory hearing.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicatory order issued by the board of embalmers and funeral
directors pursuant to this division and Chapter 119. of the
Revised Code, or division (E) of section 4717.03 of the Revised
Code, as applicable, becomes effective. The board of embalmers and
funeral directors shall issue its final adjudicatory order within
sixty days after the completion of its hearing or, in the case of
the summary suspension of a license to operate a crematory
facility, within sixty days after completion of the adjudicatory
hearing by the crematory review board. A failure to issue the
order within that time results in the dissolution of the summary
suspension order, but does not invalidate any subsequent final
adjudicatory order.
(D) If the board of embalmers and funeral directors suspends
or revokes a license held by a funeral director or a funeral home
for any reason identified in division (A) of this section, the
board may file a complaint with the court of common pleas in the
county where the violation occurred requesting appointment of a
receiver and the sequestration of the assets of the funeral home
that held the suspended or revoked license or the licensed funeral
home that employs the funeral director that held the suspended or
revoked license. If the court of common pleas is satisfied with
the application for a receivership, the court may appoint a
receiver.
The board or a receiver may employ and procure whatever
assistance or advice is necessary in the receivership or
liquidation and distribution of the assets of the funeral home,
and, for that purpose, may retain officers or employees of the
funeral home as needed. All expenses of the receivership or
liquidation shall be paid from the assets of the funeral home and
shall be a lien on those assets, and that lien shall be a priority
to any other lien.
(E) Any holder of a license issued under this chapter who has
pleaded guilty to, has been found by a judge or jury to be guilty
of, or has had a judicial finding of eligibility for treatment in
lieu of conviction entered against the individual in this state
for aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary, or who has pleaded guilty to, has been found by a judge
or jury to be guilty of, or has had a judicial finding of
eligibility for treatment in lieu of conviction entered against
the individual in another jurisdiction for any substantially
equivalent criminal offense, is hereby suspended from practice
under this chapter by operation of law, and any license issued to
the individual under this chapter is hereby suspended by operation
of law as of the date of the guilty plea, verdict or finding of
guilt, or judicial finding of eligibility for treatment in lieu of
conviction, regardless of whether the proceedings are brought in
this state or another jurisdiction. The board shall notify the
suspended individual of the suspension of the individual's license
by the operation of this division by certified mail a delivery
system or in person in accordance with section 119.07 of the
Revised Code. If an individual whose license is suspended under
this division fails to make a timely request for an adjudicatory
hearing, the board shall enter a final order revoking the license.
(F) No person whose license has been suspended or revoked
under or by the operation of this section shall practice embalming
or funeral directing or operate a funeral home, embalming
facility, or crematory facility until the board has reinstated the
person's license.
Sec. 4723.281. (A) As used in this section, with regard to
offenses committed in Ohio, "aggravated murder," "murder,"
"voluntary manslaughter," "felonious assault," "kidnapping,"
"rape," "sexual battery," "gross sexual imposition," "aggravated
arson," "aggravated robbery," and "aggravated burglary" mean such
offenses as defined in Title XXIX of the Revised Code; with regard
to offenses committed in other jurisdictions, the terms mean
offenses comparable to offenses defined in Title XXIX of the
Revised Code.
(B) When there is clear and convincing evidence that
continued practice by an individual licensed under this chapter
presents a danger of immediate and serious harm to the public, as
determined on consideration of the evidence by the president and
the executive director of the board of nursing, the president and
director shall impose on the individual a summary suspension
without a hearing. An individual serving as president or executive
director in the absence of the president or executive director may
take any action that this section requires or authorizes the
president or executive director to take.
Immediately following the decision to impose a summary
suspension, the board shall issue a written order of suspension
and cause it to be delivered by certified mail a delivery system
or in person in accordance with section 119.07 of the Revised
Code. The order shall not be subject to suspension by the court
during the pendency of any appeal filed under section 119.12 of
the Revised Code. If the individual subject to the suspension
requests an adjudication, the date set for the adjudication shall
be within fifteen days but not earlier than seven days after the
individual makes the request, unless another date is agreed to by
both the individual and the board. The summary suspension shall
remain in effect, unless reversed by the board, until a final
adjudication order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective.
The board shall issue its final adjudication order within
ninety days after completion of the adjudication. If the board
does not issue a final order within the ninety-day period, the
summary suspension shall be void, but any final adjudication order
issued subsequent to the ninety-day period shall not be affected.
(C) The license or certificate issued to an individual under
this chapter is automatically suspended on that individual's
conviction of, plea of guilty to, or judicial finding with regard
to any of the following: aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual battery,
gross sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. The suspension shall remain in effect from
the date of the conviction, plea, or finding until an adjudication
is held under Chapter 119. of the Revised Code. If the board has
knowledge that an automatic suspension has occurred, it shall
notify the individual subject to the suspension. If the individual
is notified and either fails to request an adjudication within the
time periods established by Chapter 119. of the Revised Code or
fails to participate in the adjudication, the board shall enter a
final order permanently revoking the person's license or
certificate.
Sec. 4725.24. If the secretary of the state board of
optometry and the board's supervising member of investigations
determine that there is clear and convincing evidence that an
optometrist has violated division (B) of section 4725.19 of the
Revised Code and that the optometrist's continued practice
presents a danger of immediate and serious harm to the public,
they may recommend that the board suspend without a prior hearing
the optometrist's certificate of licensure and any other
certificates held by the optometrist. Written allegations shall be
prepared for consideration by the full board.
The board, upon review of those allegations and by an
affirmative vote of three members other than the secretary and
supervising member may order the suspension without a prior
hearing. A telephone conference call may be utilized for reviewing
the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. The order shall not be subject
to suspension by the court during pendency of any appeal filed
under section 119.12 of the Revised Code. If the individual
subject to the summary suspension requests an adjudicatory hearing
by the board, the date set for the hearing shall be within fifteen
days, but not earlier than seven days, after the individual
requests the hearing, unless otherwise agreed to by both the board
and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to section 4725.19
of the Revised Code and Chapter 119. of the Revised Code becomes
effective. The board shall issue its final adjudicative order
within sixty days after completion of its hearing. A failure to
issue the order within sixty days shall result in dissolution of
the summary suspension order but shall not invalidate any
subsequent, final adjudicative order.
Sec. 4730.25. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate to practice as a physician assistant or a
certificate to prescribe to a person found by the board to have
committed fraud, misrepresentation, or deception in applying for
or securing the certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice as a physician
assistant or certificate to prescribe, refuse to issue a
certificate to an applicant, refuse to reinstate a certificate, or
reprimand or place on probation the holder of a certificate for
any of the following reasons:
(1) Failure to practice in accordance with the conditions
under which the supervising physician's supervision agreement with
the physician assistant was approved, including the requirement
that when practicing under a particular supervising physician, the
physician assistant must practice only according to the physician
supervisory plan the board approved for that physician or the
policies of the health care facility in which the supervising
physician and physician assistant are practicing;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(6) Administering drugs for purposes other than those
authorized under this chapter;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in soliciting or advertising for employment as a
physician assistant; in connection with any solicitation or
advertisement for patients; in relation to the practice of
medicine as it pertains to physician assistants; or in securing or
attempting to secure a certificate to practice as a physician
assistant, a certificate to prescribe, or approval of a
supervision agreement.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) Representing, with the purpose of obtaining compensation
or other advantage personally or for any other person, that an
incurable disease or injury, or other incurable condition, can be
permanently cured;
(10) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(11) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(12) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(14) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(15) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(17) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(18) Any of the following actions taken by the state agency
responsible for regulating the practice of physician assistants in
another state, for any reason other than the nonpayment of fees:
the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license
surrender; denial of a license; refusal to renew or reinstate a
license; imposition of probation; or issuance of an order of
censure or other reprimand;
(19) A departure from, or failure to conform to, minimal
standards of care of similar physician assistants under the same
or similar circumstances, regardless of whether actual injury to a
patient is established;
(20) Violation of the conditions placed by the board on a
certificate to practice as a physician assistant, a certificate to
prescribe, a physician supervisory plan, or supervision agreement;
(21) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(22) Failure to cooperate in an investigation conducted by
the board under section 4730.26 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(23) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(24) Prescribing any drug or device to perform or induce an
abortion, or otherwise performing or inducing an abortion.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with a physician assistant or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an affirmative
vote of not fewer than six members of the board, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(12), (15), and (16) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal upon technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under the provisions of
this section or upon the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate issued under this chapter, or applies for a
certificate issued under this chapter, shall be deemed to have
given consent to submit to a mental or physical examination when
directed to do so in writing by the board and to have waived all
objections to the admissibility of testimony or examination
reports that constitute a privileged communication.
(1) In enforcing division (B)(4) of this section, the board,
upon a showing of a possible violation, may compel any individual
who holds a certificate issued under this chapter or who has
applied for a certificate pursuant to this chapter to submit to a
mental examination, physical examination, including an HIV test,
or both a mental and physical examination. The expense of the
examination is the responsibility of the individual compelled to
be examined. Failure to submit to a mental or physical examination
or consent to an HIV test ordered by the board constitutes an
admission of the allegations against the individual unless the
failure is due to circumstances beyond the individual's control,
and a default and final order may be entered without the taking of
testimony or presentation of evidence. If the board finds a
physician assistant unable to practice because of the reasons set
forth in division (B)(4) of this section, the board shall require
the physician assistant to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for an initial, continued, reinstated, or renewed
certificate. An individual affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practicing in compliance with acceptable and prevailing
standards of care.
(2) For purposes of division (B)(5) of this section, if the
board has reason to believe that any individual who holds a
certificate issued under this chapter or any applicant for a
certificate suffers such impairment, the board may compel the
individual to submit to a mental or physical examination, or both.
The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for initial, continued, reinstated,
or renewed certification to practice or prescribe, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the physician assistant
shall demonstrate to the board the ability to resume practice or
prescribing in compliance with acceptable and prevailing standards
of care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired physician assistant resumes practice or
prescribing, the board shall require continued monitoring of the
physician assistant. The monitoring shall include compliance with
the written consent agreement entered into before reinstatement or
with conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the physician assistant
has maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that a physician assistant
has violated division (B) of this section and that the
individual's continued practice or prescribing presents a danger
of immediate and serious harm to the public, they may recommend
that the board suspend the individual's certificate to practice or
prescribe without a prior hearing. Written allegations shall be
prepared for consideration by the board.
The board, upon review of those allegations and by an
affirmative vote of not fewer than six of its members, excluding
the secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. The order shall not be subject
to suspension by the court during pendency of any appeal filed
under section 119.12 of the Revised Code. If the physician
assistant requests an adjudicatory hearing by the board, the date
set for the hearing shall be within fifteen days, but not earlier
than seven days, after the physician assistant requests the
hearing, unless otherwise agreed to by both the board and the
certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(11), (13),
or (14) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, upon exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents.
Upon receipt of a petition and supporting court documents, the
board shall reinstate the certificate to practice or prescribe.
The board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the individual committed the act
in question. Notice of opportunity for hearing shall be given in
accordance with Chapter 119. of the Revised Code. If the board
finds, pursuant to an adjudication held under this division, that
the individual committed the act, or if no hearing is requested,
it may order any of the sanctions identified under division (B) of
this section.
(I) The certificate to practice issued to a physician
assistant and the physician assistant's practice in this state are
automatically suspended as of the date the physician assistant
pleads guilty to, is found by a judge or jury to be guilty of, or
is subject to a judicial finding of eligibility for intervention
in lieu of conviction in this state or treatment or intervention
in lieu of conviction in another state for any of the following
criminal offenses in this state or a substantially equivalent
criminal offense in another jurisdiction: aggravated murder,
murder, voluntary manslaughter, felonious assault, kidnapping,
rape, sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary. Continued practice
after the suspension shall be considered practicing without a
certificate.
The board shall notify the individual subject to the
suspension by certified mail a delivery system or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate is suspended under this division
fails to make a timely request for an adjudication under Chapter
119. of the Revised Code, the board shall enter a final order
permanently revoking the individual's certificate to practice.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In that final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the physician
assistant's certificate may be reinstated. The board shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant to an applicant a
certificate to practice as a physician assistant or a certificate
to prescribe, revokes an individual's certificate, refuses to
issue a certificate, or refuses to reinstate an individual's
certificate, the board may specify that its action is permanent.
An individual subject to a permanent action taken by the board is
forever thereafter ineligible to hold the certificate and the
board shall not accept an application for reinstatement of the
certificate or for issuance of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate issued under this chapter
is not effective unless or until accepted by the board.
Reinstatement of a certificate surrendered to the board requires
an affirmative vote of not fewer than six members of the board.
(2) An application made under this chapter for a certificate,
approval of a physician supervisory plan, or approval of a
supervision agreement may not be withdrawn without approval of the
board.
(3) Failure by an individual to renew a certificate in
accordance with section 4730.14 or section 4730.48 of the Revised
Code shall not remove or limit the board's jurisdiction to take
disciplinary action under this section against the individual.
Sec. 4731.22. (A) The state medical board, by an affirmative
vote of not fewer than six of its members, may revoke or may
refuse to grant a certificate to a person found by the board to
have committed fraud during the administration of the examination
for a certificate to practice or to have committed fraud,
misrepresentation, or deception in applying for or securing any
certificate to practice or certificate of registration issued by
the board.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice, refuse to
register an individual, refuse to reinstate a certificate, or
reprimand or place on probation the holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice or
certificate of registration to be used by a person, group, or
corporation when the individual concerned is not actually
directing the treatment given;
(2) Failure to maintain minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable scientific methods in the selection of drugs or other
modalities for treatment of disease;
(3) Selling, giving away, personally furnishing, prescribing,
or administering drugs for other than legal and legitimate
therapeutic purposes or a plea of guilty to, a judicial finding of
guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction of, a violation of any federal or state law
regulating the possession, distribution, or use of any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional confidence" does not include providing any
information, documents, or reports to a child fatality review
board under sections 307.621 to 307.629 of the Revised Code and
does not include the making of a report of an employee's use of a
drug of abuse, or a report of a condition of an employee other
than one involving the use of a drug of abuse, to the employer of
the employee as described in division (B) of section 2305.33 of
the Revised Code. Nothing in this division affects the immunity
from civil liability conferred by that section upon a physician
who makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients; in
relation to the practice of medicine and surgery, osteopathic
medicine and surgery, podiatric medicine and surgery, or a limited
branch of medicine; or in securing or attempting to secure any
certificate to practice or certificate of registration issued by
the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances, whether or not actual injury to a patient
is established;
(7) Representing, with the purpose of obtaining compensation
or other advantage as personal gain or for any other person, that
an incurable disease or injury, or other incurable condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Violation of the conditions of limitation placed by the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code, engaging in the division of fees for referral of patients,
or the receiving of a thing of value in return for a specific
referral of a patient to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of any provision of a code of ethics of the American
medical association, the American osteopathic association, the
American podiatric medical association, or any other national
professional organizations that the board specifies by rule. The
state medical board shall obtain and keep on file current copies
of the codes of ethics of the various national professional
organizations. The individual whose certificate is being suspended
or revoked shall not be found to have violated any provision of a
code of ethics of an organization not appropriate to the
individual's profession.
For purposes of this division, a "provision of a code of
ethics of a national professional organization" does not include
any provision that would preclude the making of a report by a
physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in
this division affects the immunity from civil liability conferred
by that section upon a physician who makes either type of report
in accordance with division (B) of that section. As used in this
division, "employee," "employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a showing of a
possible violation, may compel any individual authorized to
practice by this chapter or who has submitted an application
pursuant to this chapter to submit to a mental examination,
physical examination, including an HIV test, or both a mental and
a physical examination. The expense of the examination is the
responsibility of the individual compelled to be examined. Failure
to submit to a mental or physical examination or consent to an HIV
test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds an individual unable
to practice because of the reasons set forth in this division, the
board shall require the individual to submit to care, counseling,
or treatment by physicians approved or designated by the board, as
a condition for initial, continued, reinstated, or renewed
authority to practice. An individual affected under this division
shall be afforded an opportunity to demonstrate to the board the
ability to resume practice in compliance with acceptable and
prevailing standards under the provisions of the individual's
certificate. For the purpose of this division, any individual who
applies for or receives a certificate to practice under this
chapter accepts the privilege of practicing in this state and, by
so doing, shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing
by the board, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
a privileged communication.
(20) Except when civil penalties are imposed under section
4731.225 or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or attempting to violate,
directly or indirectly, or assisting in or abetting the violation
of, or conspiring to violate, any provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making of a report by
a physician of an employee's use of a drug of abuse, or of a
condition of an employee other than one involving the use of a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in
this division affects the immunity from civil liability conferred
by that section upon a physician who makes either type of report
in accordance with division (B) of that section. As used in this
division, "employee," "employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or
of any abortion rule adopted by the public health council pursuant
to section 3701.341 of the Revised Code;
(22) Any of the following actions taken by an agency
responsible for authorizing, certifying, or regulating an
individual to practice a health care occupation or provide health
care services in this state or another jurisdiction, for any
reason other than the nonpayment of fees: the limitation,
revocation, or suspension of an individual's license to practice;
acceptance of an individual's license surrender; denial of a
license; refusal to renew or reinstate a license; imposition of
probation; or issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code or
the performance or inducement of an abortion upon a pregnant woman
with actual knowledge that the conditions specified in division
(B) of section 2317.56 of the Revised Code have not been satisfied
or with a heedless indifference as to whether those conditions
have been satisfied, unless an affirmative defense as specified in
division (H)(2) of that section would apply in a civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction, or
termination of clinical privileges by the United States department
of defense or department of veterans affairs or the termination or
suspension of a certificate of registration to prescribe drugs by
the drug enforcement administration of the United States
department of justice;
(25) Termination or suspension from participation in the
medicare or medicaid programs by the department of health and
human services or other responsible agency for any act or acts
that also would constitute a violation of division (B)(2), (3),
(6), (8), or (19) of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual or
excessive use or abuse of drugs, alcohol, or other substances that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice by this chapter accepts the privilege of practicing in
this state subject to supervision by the board. By filing an
application for or holding a certificate to practice under this
chapter, an individual shall be deemed to have given consent to
submit to a mental or physical examination when ordered to do so
by the board in writing, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
privileged communications.
If it has reason to believe that any individual authorized to
practice by this chapter or any applicant for certification to
practice suffers such impairment, the board may compel the
individual to submit to a mental or physical examination, or both.
The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician who is qualified to conduct the
examination and who is chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for initial, continued, reinstated,
or renewed certification to practice, to submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the impaired
practitioner shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care under the provisions of the practitioner's certificate. The
demonstration shall include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making the
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall require continued monitoring of the individual. The
monitoring shall include, but not be limited to, compliance with
the written consent agreement entered into before reinstatement or
with conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of perjury stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66 or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) 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 the individual's
services, otherwise would 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 individual;
(b) Advertising that the individual 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 the individual's services, otherwise would be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(30) Failure to provide notice to, and receive acknowledgment
of the notice from, a patient when required by section 4731.143 of
the Revised Code prior to providing nonemergency professional
services, or failure to maintain that notice in the patient's
file;
(31) Failure of a physician supervising a physician assistant
to maintain supervision in accordance with the requirements of
Chapter 4730. of the Revised Code and the rules adopted under that
chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care arrangement with a clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner with whom
the physician or podiatrist is in collaboration pursuant to
section 4731.27 of the Revised Code or failure to fulfill the
responsibilities of collaboration after entering into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including failure to
comply with a subpoena or order issued by the board or failure to
answer truthfully a question presented by the board at a
deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(35) Failure to supervise an acupuncturist in accordance with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with Chapter 4760. of the Revised Code and the board's
rules for supervision of an anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(38) Failure to comply with the requirements of section
2317.561 of the Revised Code;
(39) Failure to supervise a radiologist assistant in
accordance with Chapter 4774. of the Revised Code and the board's
rules for supervision of radiologist assistants;
(40) Performing or inducing an abortion at an office or
facility with knowledge that the office or facility fails to post
the notice required under section 3701.791 of the Revised Code;
(41) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for the operation of or the provision of care at a pain management
clinic;
(42) Failure to comply with the standards and procedures
established in rules under section 4731.054 of the Revised Code
for providing supervision, direction, and control of individuals
at a pain management clinic;
(43) Failure to comply with the requirements of section
4729.79 of the Revised Code, unless the state board of pharmacy no
longer maintains a drug database pursuant to section 4729.75 of
the Revised Code;
(41)(44) Failure to comply with the requirements of section
2919.171 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with an individual to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by an affirmative vote of not fewer than
six members of the board, shall constitute the findings and order
of the board with respect to the matter addressed in the
agreement. If the board refuses to ratify a consent agreement, the
admissions and findings contained in the consent agreement shall
be of no force or effect.
A telephone conference call may be utilized for ratification
of a consent agreement that revokes or suspends an individual's
certificate to practice. The telephone conference call shall be
considered a special meeting under division (F) of section 121.22
of the Revised Code.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the individual committed the act. The board
does not have jurisdiction under those divisions if the trial
court renders a final judgment in the individual's favor and that
judgment is based upon an adjudication on the merits. The board
has jurisdiction under those divisions if the trial court issues
an order of dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under this section or
upon the board's jurisdiction to take action under this section
if, based upon a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal the records. The board shall
not be required to seal, destroy, redact, or otherwise modify its
records to reflect the court's sealing of conviction records.
(F)(1) The board shall investigate evidence that appears to
show that a person has violated any provision of this chapter or
any rule adopted under it. Any person may report to the board in a
signed writing any information that the person may have that
appears to show a violation of any provision of this chapter or
any rule adopted under it. In the absence of bad faith, any person
who reports information of that nature or who testifies before the
board in any adjudication conducted under Chapter 119. of the
Revised Code shall not be liable in damages in a civil action as a
result of the report or testimony. Each complaint or allegation of
a violation received by the board shall be assigned a case number
and shall be recorded by the board.
(2) Investigations of alleged violations of this chapter or
any rule adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02 of
the Revised Code and by the secretary as provided in section
4731.39 of the Revised Code. The president may designate another
member of the board to supervise the investigation in place of the
supervising member. No member of the board who supervises the
investigation of a case shall participate in further adjudication
of the case.
(3) In investigating a possible violation of this chapter or
any rule adopted under this chapter, the board may administer
oaths, order the taking of depositions, inspect and copy any
books, accounts, papers, records, or documents, issue subpoenas,
and compel the attendance of witnesses and production of books,
accounts, papers, records, documents, and testimony, except that a
subpoena for patient record information shall not be issued
without consultation with the attorney general's office and
approval of the secretary and supervising member of the board.
Before issuance of a subpoena for patient record information, the
secretary and supervising member shall determine whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records sought are relevant to the alleged violation and
material to the investigation. The subpoena may apply only to
records that cover a reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena issued by the board
and after reasonable notice to the person being subpoenaed, the
board may move for an order compelling the production of persons
or records pursuant to the Rules of Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the board.
Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual
place of residence. When the person being served is a person whose
practice is authorized by this chapter, service of the subpoena
may be made by certified mail, restricted delivery, return receipt
requested, and the subpoena shall be deemed served on the date
delivery is made or the date the person refuses to accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a sheriff. Each witness who appears before the board
in obedience to a subpoena shall receive the fees and mileage
provided for under section 119.094 of the Revised Code.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action.
The board shall conduct all investigations and proceedings in
a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make
public the names or any other identifying information about
patients or complainants unless proper consent is given or, in the
case of a patient, a waiver of the patient privilege exists under
division (B) of section 2317.02 of the Revised Code, except that
consent or a waiver of that nature is not required if the board
possesses reliable and substantial evidence that no bona fide
physician-patient relationship exists.
The board may share any information it receives pursuant to
an investigation, including patient records and patient record
information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised
Code or procedure of the agency or board that applies when it is
dealing with other information in its possession. In a judicial
proceeding, the information may be admitted into evidence only in
accordance with the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants whose confidentiality was protected by the state
medical board when the information was in the board's possession.
Measures to ensure confidentiality that may be taken by the court
include sealing its records or deleting specific information from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if any, held by the
individual against whom the complaint is directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending and
shall be prepared in a manner that protects the identity of each
person involved in each case. The report shall be a public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine both of
the following, they may recommend that the board suspend an
individual's certificate to practice without a prior hearing:
(1) That there is clear and convincing evidence that an
individual has violated division (B) of this section;
(2) That the individual's continued practice presents a
danger of immediate and serious harm to the public.
Written allegations shall be prepared for consideration by
the board. The board, upon review of those allegations and by an
affirmative vote of not fewer than six of its members, excluding
the secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. The order shall not be subject
to suspension by the court during pendency of any appeal filed
under section 119.12 of the Revised Code. If the individual
subject to the summary suspension requests an adjudicatory hearing
by the board, the date set for the hearing shall be within fifteen
days, but not earlier than seven days, after the individual
requests the hearing, unless otherwise agreed to by both the board
and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The board
shall issue its final adjudicative order within seventy-five days
after completion of its hearing. A failure to issue the order
within seventy-five days shall result in dissolution of the
summary suspension order but shall not invalidate any subsequent,
final adjudicative order.
(H) If the board takes action under division (B)(9), (11), or
(13) of this section and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, upon exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents.
Upon receipt of a petition of that nature and supporting court
documents, the board shall reinstate the individual's certificate
to practice. The board may then hold an adjudication under Chapter
119. of the Revised Code to determine whether the individual
committed the act in question. Notice of an opportunity for a
hearing shall be given in accordance with Chapter 119. of the
Revised Code. If the board finds, pursuant to an adjudication held
under this division, that the individual committed the act or if
no hearing is requested, the board may order any of the sanctions
identified under division (B) of this section.
(I) The certificate to practice issued to an individual under
this chapter and the individual's practice in this state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date
the individual pleads guilty to, is found by a judge or jury to be
guilty of, or is subject to a judicial finding of eligibility for
intervention in lieu of conviction in this state or treatment or
intervention in lieu of conviction in another jurisdiction for any
of the following criminal offenses in this state or a
substantially equivalent criminal offense in another jurisdiction:
aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. Continued practice after suspension shall be considered
practicing without a certificate.
The board shall notify the individual subject to the
suspension by certified mail a delivery system or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate is automatically suspended under this
division fails to make a timely request for an adjudication under
Chapter 119. of the Revised Code, the board shall do whichever of
the following is applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this
section does not apply, enter a final order permanently revoking
the individual's certificate to practice.
(J) If the board is required by Chapter 119. of the Revised
Code to give notice of an opportunity for a hearing and if the
individual subject to the notice does not timely request a hearing
in accordance with section 119.07 of the Revised Code, the board
is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In that final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be reinstated. The
board shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board refuses to grant a certificate to an
applicant, revokes an individual's certificate to practice,
refuses to register an applicant, or refuses to reinstate an
individual's certificate to practice, the board may specify that
its action is permanent. An individual subject to a permanent
action taken by the board is forever thereafter ineligible to hold
a certificate to practice and the board shall not accept an
application for reinstatement of the certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate issued under this chapter
shall not be effective unless or until accepted by the board. A
telephone conference call may be utilized for acceptance of the
surrender of an individual's certificate to practice. The
telephone conference call shall be considered a special meeting
under division (F) of section 121.22 of the Revised Code.
Reinstatement of a certificate surrendered to the board requires
an affirmative vote of not fewer than six members of the board.
(2) An application for a certificate made under the
provisions of this chapter may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate of
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action
under this section against the individual.
(N) Sanctions shall not be imposed under division (B)(28) of
this section against any person who waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copayments
shall be made only with the full knowledge and consent of the plan
purchaser, payer, and third-party administrator. Documentation of
the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter, to the extent
allowed by this chapter and rules adopted by the board.
(O) Under the board's investigative duties described in this
section and subject to division (F) of this section, the board
shall develop and implement a quality intervention program
designed to improve through remedial education the clinical and
communication skills of individuals authorized under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational and assessment program pursuant to an investigation
the board conducts under this section;
(2) Select providers of educational and assessment services,
including a quality intervention program panel of case reviewers;
(3) Make referrals to educational and assessment service
providers and approve individual educational programs recommended
by those providers. The board shall monitor the progress of each
individual undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the individual who completed the program or other action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to further implement the quality intervention
program.
An individual who participates in an individual educational
program pursuant to this division shall pay the financial
obligations arising from that educational program.
Sec. 4734.36. A chiropractor who in this state pleads guilty
to or is convicted of aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual battery,
gross sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary, or who in another jurisdiction pleads guilty
to or is convicted of any substantially equivalent criminal
offense, is automatically suspended from practice in this state
and the license issued under this chapter to practice chiropractic
is automatically suspended as of the date of the guilty plea or
conviction. If applicable, the chiropractor's certificate issued
under this chapter to practice acupuncture is automatically
suspended at the same time. Continued practice after suspension
under this section shall be considered practicing chiropractic
without a license and, if applicable, acupuncture without a
certificate. On receiving notice or otherwise becoming aware of
the conviction, the state chiropractic board shall notify the
individual of the suspension under this section by certified mail
a delivery system or in person in accordance with section 119.07
of the Revised Code. If an individual whose license and, if
applicable, certificate to practice acupuncture is suspended under
this section fails to make a timely request for an adjudication,
the board shall enter a final order revoking the individual's
license and, if applicable, certificate to practice acupuncture.
Sec. 4734.37. If the state chiropractic board determines
that there is clear and convincing evidence that a person who has
been granted a license to practice chiropractic and, if
applicable, certificate to practice acupuncture under this chapter
has committed an act that subjects the person's license and, if
applicable, certificate to board action under section 4734.31 of
the Revised Code and that the person's continued practice presents
a danger of immediate and serious harm to the public, the board
may suspend the license and, if applicable, certificate without a
prior hearing. A telephone conference call may be utilized for
reviewing the matter and taking the vote.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. The order is not subject to
suspension by the court during pendency of any appeal filed under
section 119.12 of the Revised Code. If the person subject to the
suspension requests an adjudication by the board, the date set for
the adjudication shall be within twenty days, but not earlier than
seven days, after the request, unless otherwise agreed to by both
the board and the person subject to the suspension.
Any summary suspension imposed under this section shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to section 4734.31
and Chapter 119. of the Revised Code becomes effective. The board
shall issue its final adjudicative order within sixty days after
completion of its adjudication. A failure to issue the order
within sixty days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.
Sec. 4757.361. (A) As used in this section, with regard to
offenses committed in Ohio, "aggravated murder," "murder,"
"voluntary manslaughter," "felonious assault," "kidnapping,"
"rape," "sexual battery," "gross sexual imposition," "aggravated
arson," "aggravated robbery," and "aggravated burglary" mean such
offenses as defined in Title XXIX of the Revised Code; with regard
to offenses committed in other jurisdictions, the terms mean
offenses comparable to offenses defined in Title XXIX of the
Revised Code.
(B) When there is clear and convincing evidence that
continued practice by an individual licensed under this chapter
presents a danger of immediate and serious harm to the public, as
determined on consideration of the evidence by the professional
standards committees of the counselor, social worker, and marriage
and family therapist board, the appropriate committee shall impose
on the individual a summary suspension without a hearing.
Immediately following the decision to impose a summary
suspension, the appropriate committee shall issue a written order
of suspension and cause it to be delivered by certified mail a
delivery system or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to suspension by
the court during the pendency of any appeal filed under section
119.12 of the Revised Code. If the individual subject to the
suspension requests an adjudication, the date set for the
adjudication shall be within fifteen days but not earlier than
seven days after the individual makes the request, unless another
date is agreed to by both the individual and the committee
imposing the suspension. The summary suspension shall remain in
effect, unless reversed by the committee, until a final
adjudication order issued by the committee pursuant to this
section and Chapter 119. of the Revised Code becomes effective.
The committee shall issue its final adjudication order within
ninety days after completion of the adjudication. If the committee
does not issue a final order within the ninety-day period, the
summary suspension shall be void, but any final adjudication order
issued subsequent to the ninety-day period shall not be affected.
(C) The license issued to an individual under this chapter is
automatically suspended on that individual's conviction of, plea
of guilty to, or judicial finding with regard to any of the
following: aggravated murder, murder, voluntary manslaughter,
felonious assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. The suspension shall remain in effect from the date of
the conviction, plea, or finding until an adjudication is held
under Chapter 119. of the Revised Code. If the appropriate
committee has knowledge that an automatic suspension has occurred,
it shall notify the individual subject to the suspension. If the
individual is notified and either fails to request an adjudication
within the time periods established by Chapter 119. of the Revised
Code or fails to participate in the adjudication, the committee
shall enter a final order permanently revoking the person's
license or certificate.
Sec. 4760.13. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate of registration as an anesthesiologist
assistant to a person found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate of registration as an
anesthesiologist assistant, refuse to issue a certificate to an
applicant, refuse to reinstate a certificate, or reprimand or
place on probation the holder of a certificate for any of the
following reasons:
(1) Permitting the holder's name or certificate to be used by
another person;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances whether or not actual injury to the patient
is established;
(5) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in securing or attempting to secure a certificate of
registration to practice as an anesthesiologist assistant.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course of
practice;
(10) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(11) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(12) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(17) Any of the following actions taken by the state agency
responsible for regulating the practice of anesthesiologist
assistants in another jurisdiction, for any reason other than the
nonpayment of fees: the limitation, revocation, or suspension of
an individual's license to practice; acceptance of an individual's
license surrender; denial of a license; refusal to renew or
reinstate a license; imposition of probation; or issuance of an
order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a
certificate of registration;
(19) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(20) Failure to cooperate in an investigation conducted by
the board under section 4760.14 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(21) Failure to comply with any code of ethics established by
the national commission for the certification of anesthesiologist
assistants;
(22) Failure to notify the state medical board of the
revocation or failure to maintain certification from the national
commission for certification of anesthesiologist assistants.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with an anesthesiologist assistant or applicant to
resolve an allegation of a violation of this chapter or any rule
adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board, shall
constitute the findings and order of the board with respect to the
matter addressed in the agreement. If the board refuses to ratify
a consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(11), (14), and (15) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal on technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate of registration issued under this chapter, or applies
for a certificate of registration, shall be deemed to have given
consent to submit to a mental or physical examination when
directed to do so in writing by the board and to have waived all
objections to the admissibility of testimony or examination
reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board,
on a showing of a possible violation, may compel any individual
who holds a certificate of registration issued under this chapter
or who has applied for a certificate of registration pursuant to
this chapter to submit to a mental or physical examination, or
both. A physical examination may include an HIV test. The expense
of the examination is the responsibility of the individual
compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the
board constitutes an admission of the allegations against the
individual unless the failure is due to circumstances beyond the
individual's control, and a default and final order may be entered
without the taking of testimony or presentation of evidence. If
the board finds an anesthesiologist assistant unable to practice
because of the reasons set forth in division (B)(5) of this
section, the board shall require the anesthesiologist assistant to
submit to care, counseling, or treatment by physicians approved or
designated by the board, as a condition for an initial, continued,
reinstated, or renewed certificate of registration. An individual
affected by this division shall be afforded an opportunity to
demonstrate to the board the ability to resume practicing in
compliance with acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the
board has reason to believe that any individual who holds a
certificate of registration issued under this chapter or any
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a
mental or physical examination, or both. The expense of the
examination is the responsibility of the individual compelled to
be examined. Any mental or physical examination required under
this division shall be undertaken by a treatment provider or
physician qualified to conduct such examination and chosen by the
board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for an initial, continued,
reinstated, or renewed certificate of registration, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the anesthesiologist
assistant shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired anesthesiologist assistant resumes
practice, the board shall require continued monitoring of the
anesthesiologist assistant. The monitoring shall include
monitoring of compliance with the written consent agreement
entered into before reinstatement or with conditions imposed by
board order after a hearing, and, on termination of the consent
agreement, submission to the board for at least two years of
annual written progress reports made under penalty of
falsification stating whether the anesthesiologist assistant has
maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that an anesthesiologist
assistant has violated division (B) of this section and that the
individual's continued practice presents a danger of immediate and
serious harm to the public, they may recommend that the board
suspend the individual's certificate or registration without a
prior hearing. Written allegations shall be prepared for
consideration by the board.
The board, on review of the allegations and by an affirmative
vote of not fewer than six of its members, excluding the secretary
and supervising member, may suspend a certificate without a prior
hearing. A telephone conference call may be utilized for reviewing
the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. The order shall not be subject
to suspension by the court during pendency of any appeal filed
under section 119.12 of the Revised Code. If the anesthesiologist
assistant requests an adjudicatory hearing by the board, the date
set for the hearing shall be within fifteen days, but not earlier
than seven days, after the anesthesiologist assistant requests the
hearing, unless otherwise agreed to by both the board and the
certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(11), (13),
or (14) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, on exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents. On
receipt of a petition and supporting court documents, the board
shall reinstate the certificate of registration. The board may
then hold an adjudication under Chapter 119. of the Revised Code
to determine whether the individual committed the act in question.
Notice of opportunity for hearing shall be given in accordance
with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act, or if no hearing is requested, it
may order any of the sanctions specified in division (B) of this
section.
(I) The certificate of registration of an anesthesiologist
assistant and the assistant's practice in this state are
automatically suspended as of the date the anesthesiologist
assistant pleads guilty to, is found by a judge or jury to be
guilty of, or is subject to a judicial finding of eligibility for
intervention in lieu of conviction in this state or treatment of
intervention in lieu of conviction in another jurisdiction for any
of the following criminal offenses in this state or a
substantially equivalent criminal offense in another jurisdiction:
aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. Continued practice after the suspension shall be
considered practicing without a certificate.
The board shall notify the individual subject to the
suspension by certified mail a delivery system or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate is suspended under this division
fails to make a timely request for an adjudication under Chapter
119. of the Revised Code, the board shall enter a final order
permanently revoking the individual's certificate of registration.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In the final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the
anesthesiologist assistant's certificate may be reinstated. The
board shall adopt rules in accordance with Chapter 119. of the
Revised Code governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant a certificate of
registration as an anesthesiologist assistant to an applicant,
revokes an individual's certificate of registration, refuses to
renew a certificate of registration, or refuses to reinstate an
individual's certificate of registration, the board may specify
that its action is permanent. An individual subject to a permanent
action taken by the board is forever thereafter ineligible to hold
a certificate of registration as an anesthesiologist assistant and
the board shall not accept an application for reinstatement of the
certificate or for issuance of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate of registration issued
under this chapter is not effective unless or until accepted by
the board. Reinstatement of a certificate surrendered to the board
requires an affirmative vote of not fewer than six members of the
board.
(2) An application made under this chapter for a certificate
of registration may not be withdrawn without approval of the
board.
(3) Failure by an individual to renew a certificate of
registration in accordance with section 4760.06 of the Revised
Code shall not remove or limit the board's jurisdiction to take
disciplinary action under this section against the individual.
Sec. 4762.13. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate to practice as an acupuncturist to a person
found by the board to have committed fraud, misrepresentation, or
deception in applying for or securing the certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice as an
acupuncturist, refuse to issue a certificate to an applicant,
refuse to reinstate a certificate, or reprimand or place on
probation the holder of a certificate for any of the following
reasons:
(1) Permitting the holder's name or certificate to be used by
another person;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances whether or not actual injury to the patient
is established;
(5) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in soliciting or advertising for patients or in securing
or attempting to secure a certificate to practice as an
acupuncturist.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) Representing, with the purpose of obtaining compensation
or other advantage personally or for any other person, that an
incurable disease or injury, or other incurable condition, can be
permanently cured;
(10) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course of
practice;
(11) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(12) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(14) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(15) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(17) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(18) Any of the following actions taken by the state agency
responsible for regulating the practice of acupuncture in another
jurisdiction, for any reason other than the nonpayment of fees:
the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license
surrender; denial of a license; refusal to renew or reinstate a
license; imposition of probation; or issuance of an order of
censure or other reprimand;
(19) Violation of the conditions placed by the board on a
certificate to practice as an acupuncturist;
(20) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(21) Failure to cooperate in an investigation conducted by
the board under section 4762.14 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(22) Failure to comply with the standards of the national
certification commission for acupuncture and oriental medicine
regarding professional ethics, commitment to patients, commitment
to the profession, and commitment to the public;
(23) Failure to have adequate professional liability
insurance coverage in accordance with section 4762.22 of the
Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with an acupuncturist or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an affirmative
vote of not fewer than six members of the board, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(12), (15), and (16) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal upon technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under the provisions of
this section or upon the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate to practice issued under this chapter, or applies for
a certificate to practice, shall be deemed to have given consent
to submit to a mental or physical examination when directed to do
so in writing by the board and to have waived all objections to
the admissibility of testimony or examination reports that
constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board,
upon a showing of a possible violation, may compel any individual
who holds a certificate to practice issued under this chapter or
who has applied for a certificate pursuant to this chapter to
submit to a mental examination, physical examination, including an
HIV test, or both a mental and physical examination. The expense
of the examination is the responsibility of the individual
compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the
board constitutes an admission of the allegations against the
individual unless the failure is due to circumstances beyond the
individual's control, and a default and final order may be entered
without the taking of testimony or presentation of evidence. If
the board finds an acupuncturist unable to practice because of the
reasons set forth in division (B)(5) of this section, the board
shall require the acupuncturist to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for an initial, continued, reinstated, or renewed
certificate to practice. An individual affected by this division
shall be afforded an opportunity to demonstrate to the board the
ability to resume practicing in compliance with acceptable and
prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the
board has reason to believe that any individual who holds a
certificate to practice issued under this chapter or any applicant
for a certificate suffers such impairment, the board may compel
the individual to submit to a mental or physical examination, or
both. The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for an initial, continued,
reinstated, or renewed certificate, to submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the acupuncturist shall
demonstrate to the board the ability to resume practice in
compliance with acceptable and prevailing standards of care. The
demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired acupuncturist resumes practice, the board
shall require continued monitoring of the acupuncturist. The
monitoring shall include monitoring of compliance with the written
consent agreement entered into before reinstatement or with
conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the acupuncturist has
maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that an acupuncturist has
violated division (B) of this section and that the individual's
continued practice presents a danger of immediate and serious harm
to the public, they may recommend that the board suspend the
individual's certificate to practice without a prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of the allegations and by an
affirmative vote of not fewer than six of its members, excluding
the secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. The order shall not be subject
to suspension by the court during pendency of any appeal filed
under section 119.12 of the Revised Code. If the acupuncturist
requests an adjudicatory hearing by the board, the date set for
the hearing shall be within fifteen days, but not earlier than
seven days, after the acupuncturist requests the hearing, unless
otherwise agreed to by both the board and the certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(11), (13),
or (14) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, upon exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents.
Upon receipt of a petition and supporting court documents, the
board shall reinstate the certificate to practice. The board may
then hold an adjudication under Chapter 119. of the Revised Code
to determine whether the individual committed the act in question.
Notice of opportunity for hearing shall be given in accordance
with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act, or if no hearing is requested, it
may order any of the sanctions specified in division (B) of this
section.
(I) The certificate to practice of an acupuncturist and the
acupuncturist's practice in this state are automatically suspended
as of the date the acupuncturist pleads guilty to, is found by a
judge or jury to be guilty of, or is subject to a judicial finding
of eligibility for intervention in lieu of conviction in this
state or treatment or intervention in lieu of conviction in
another jurisdiction for any of the following criminal offenses in
this state or a substantially equivalent criminal offense in
another jurisdiction: aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual battery,
gross sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after the suspension shall
be considered practicing without a certificate.
The board shall notify the individual subject to the
suspension by certified mail a delivery system or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate is suspended under this division
fails to make a timely request for an adjudication under Chapter
119. of the Revised Code, the board shall enter a final order
permanently revoking the individual's certificate to practice.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In the final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the
acupuncturist's certificate to practice may be reinstated. The
board shall adopt rules in accordance with Chapter 119. of the
Revised Code governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant a certificate to practice
as an acupuncturist to an applicant, revokes an individual's
certificate, refuses to renew a certificate, or refuses to
reinstate an individual's certificate, the board may specify that
its action is permanent. An individual subject to a permanent
action taken by the board is forever thereafter ineligible to hold
a certificate to practice as an acupuncturist and the board shall
not accept an application for reinstatement of the certificate or
for issuance of a new certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate to practice as an
acupuncturist issued under this chapter is not effective unless or
until accepted by the board. Reinstatement of a certificate
surrendered to the board requires an affirmative vote of not fewer
than six members of the board.
(2) An application made under this chapter for a certificate
may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a certificate in
accordance with section 4762.06 of the Revised Code shall not
remove or limit the board's jurisdiction to take disciplinary
action under this section against the individual.
Sec. 4774.13. (A) The state medical board, by an affirmative
vote of not fewer than six members, may revoke or may refuse to
grant a certificate to practice as a radiologist assistant to an
individual found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate.
(B) The board, by an affirmative vote of not fewer than six
members, shall, to the extent permitted by law, limit, revoke, or
suspend an individual's certificate to practice as a radiologist
assistant, refuse to issue a certificate to an applicant, refuse
to reinstate a certificate, or reprimand or place on probation the
holder of a certificate for any of the following reasons:
(1) Permitting the holder's name or certificate to be used by
another person;
(2) Failure to comply with the requirements of this chapter,
Chapter 4731. of the Revised Code, or any rules adopted by the
board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter, Chapter
4731. of the Revised Code, or the rules adopted by the board;
(4) A departure from, or failure to conform to, minimal
standards of care of similar practitioners under the same or
similar circumstances whether or not actual injury to the patient
is established;
(5) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to acceptable
and prevailing standards of care because of habitual or excessive
use or abuse of drugs, alcohol, or other substances that impair
ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading
statement in securing or attempting to secure a certificate to
practice as a radiologist assistant.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because
of a failure to disclose material facts, is intended or is likely
to create false or unjustified expectations of favorable results,
or includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course of
practice;
(10) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a felony;
(11) Commission of an act that constitutes a felony in this
state, regardless of the jurisdiction in which the act was
committed;
(12) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(13) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(15) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(16) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for violating any state or federal law regulating the
possession, distribution, or use of any drug, including
trafficking in drugs;
(17) Any of the following actions taken by the state agency
responsible for regulating the practice of radiologist assistants
in another jurisdiction, for any reason other than the nonpayment
of fees: the limitation, revocation, or suspension of an
individual's license to practice; acceptance of an individual's
license surrender; denial of a license; refusal to renew or
reinstate a license; imposition of probation; or issuance of an
order of censure or other reprimand;
(18) Violation of the conditions placed by the board on a
certificate to practice as a radiologist assistant;
(19) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051 of
the Revised Code;
(20) Failure to cooperate in an investigation conducted by
the board under section 4774.14 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board at
a deposition or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;
(21) Failure to maintain a license as a radiographer under
Chapter 4773. of the Revised Code;
(22) Failure to maintain certification as a registered
radiologist assistant from the American registry of radiologic
technologists, including revocation by the registry of the
assistant's certification or failure by the assistant to meet the
registry's requirements for annual registration, or failure to
notify the board that the certification as a registered
radiologist assistant has not been maintained;
(23) Failure to comply with any of the rules of ethics
included in the standards of ethics established by the American
registry of radiologic technologists, as those rules apply to an
individual who holds the registry's certification as a registered
radiologist assistant.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent
agreement with a radiologist assistant or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an affirmative
vote of not fewer than six members of the board, shall constitute
the findings and order of the board with respect to the matter
addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.
(D) For purposes of divisions (B)(11), (14), and (15) of this
section, the commission of the act may be established by a finding
by the board, pursuant to an adjudication under Chapter 119. of
the Revised Code, that the applicant or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases where
the trial court issues an order of dismissal on technical or
procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice
of opportunity for a hearing prior to the court's order to seal
the records. The board shall not be required to seal, destroy,
redact, or otherwise modify its records to reflect the court's
sealing of conviction records.
(F) For purposes of this division, any individual who holds a
certificate to practice as a radiologist assistant issued under
this chapter, or applies for a certificate to practice, shall be
deemed to have given consent to submit to a mental or physical
examination when directed to do so in writing by the board and to
have waived all objections to the admissibility of testimony or
examination reports that constitute a privileged communication.
(1) In enforcing division (B)(5) of this section, the board,
on a showing of a possible violation, may compel any individual
who holds a certificate to practice as a radiologist assistant
issued under this chapter or who has applied for a certificate to
practice to submit to a mental or physical examination, or both. A
physical examination may include an HIV test. The expense of the
examination is the responsibility of the individual compelled to
be examined. Failure to submit to a mental or physical examination
or consent to an HIV test ordered by the board constitutes an
admission of the allegations against the individual unless the
failure is due to circumstances beyond the individual's control,
and a default and final order may be entered without the taking of
testimony or presentation of evidence. If the board finds a
radiologist assistant unable to practice because of the reasons
set forth in division (B)(5) of this section, the board shall
require the radiologist assistant to submit to care, counseling,
or treatment by physicians approved or designated by the board, as
a condition for an initial, continued, reinstated, or renewed
certificate to practice. An individual affected by this division
shall be afforded an opportunity to demonstrate to the board the
ability to resume practicing in compliance with acceptable and
prevailing standards of care.
(2) For purposes of division (B)(6) of this section, if the
board has reason to believe that any individual who holds a
certificate to practice as a radiologist assistant issued under
this chapter or any applicant for a certificate to practice
suffers such impairment, the board may compel the individual to
submit to a mental or physical examination, or both. The expense
of the examination is the responsibility of the individual
compelled to be examined. Any mental or physical examination
required under this division shall be undertaken by a treatment
provider or physician qualified to conduct such examination and
chosen by the board.
Failure to submit to a mental or physical examination ordered
by the board constitutes an admission of the allegations against
the individual unless the failure is due to circumstances beyond
the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of
evidence. If the board determines that the individual's ability to
practice is impaired, the board shall suspend the individual's
certificate or deny the individual's application and shall require
the individual, as a condition for an initial, continued,
reinstated, or renewed certificate to practice, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the radiologist
assistant shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care. The demonstration shall include the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their determination.
The board may reinstate a certificate suspended under this
division after such demonstration and after the individual has
entered into a written consent agreement.
When the impaired radiologist assistant resumes practice, the
board shall require continued monitoring of the radiologist
assistant. The monitoring shall include monitoring of compliance
with the written consent agreement entered into before
reinstatement or with conditions imposed by board order after a
hearing, and, on termination of the consent agreement, submission
to the board for at least two years of annual written progress
reports made under penalty of falsification stating whether the
radiologist assistant has maintained sobriety.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that a radiologist
assistant has violated division (B) of this section and that the
individual's continued practice presents a danger of immediate and
serious harm to the public, they may recommend that the board
suspend the individual's certificate to practice without a prior
hearing. Written allegations shall be prepared for consideration
by the board.
The board, on review of the allegations and by an affirmative
vote of not fewer than six of its members, excluding the secretary
and supervising member, may suspend a certificate without a prior
hearing. A telephone conference call may be utilized for reviewing
the allegations and taking the vote on the summary suspension.
The board shall issue a written order of suspension by
certified mail a delivery system or in person in accordance with
section 119.07 of the Revised Code. The order shall not be subject
to suspension by the court during pendency of any appeal filed
under section 119.12 of the Revised Code. If the radiologist
assistant requests an adjudicatory hearing by the board, the date
set for the hearing shall be within fifteen days, but not earlier
than seven days, after the radiologist assistant requests the
hearing, unless otherwise agreed to by both the board and the
certificate holder.
A summary suspension imposed under this division shall remain
in effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order within sixty days after completion of
its hearing. Failure to issue the order within sixty days shall
result in dissolution of the summary suspension order, but shall
not invalidate any subsequent, final adjudicative order.
(H) If the board takes action under division (B)(10), (12),
or (13) of this section, and the judicial finding of guilt, guilty
plea, or judicial finding of eligibility for intervention in lieu
of conviction is overturned on appeal, on exhaustion of the
criminal appeal, a petition for reconsideration of the order may
be filed with the board along with appropriate court documents. On
receipt of a petition and supporting court documents, the board
shall reinstate the certificate to practice as a radiologist
assistant. The board may then hold an adjudication under Chapter
119. of the Revised Code to determine whether the individual
committed the act in question. Notice of opportunity for hearing
shall be given in accordance with Chapter 119. of the Revised
Code. If the board finds, pursuant to an adjudication held under
this division, that the individual committed the act, or if no
hearing is requested, it may order any of the sanctions specified
in division (B) of this section.
(I) The certificate to practice of a radiologist assistant
and the assistant's practice in this state are automatically
suspended as of the date the radiologist assistant pleads guilty
to, is found by a judge or jury to be guilty of, or is subject to
a judicial finding of eligibility for intervention in lieu of
conviction in this state or treatment of intervention in lieu of
conviction in another jurisdiction for any of the following
criminal offenses in this state or a substantially equivalent
criminal offense in another jurisdiction: aggravated murder,
murder, voluntary manslaughter, felonious assault, kidnapping,
rape, sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary. Continued practice
after the suspension shall be considered practicing without a
certificate.
The board shall notify the individual subject to the
suspension by certified mail a delivery system or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate is suspended under this division
fails to make a timely request for an adjudication under Chapter
119. of the Revised Code, the board shall enter a final order
permanently revoking the individual's certificate to practice.
(J) In any instance in which the board is required by Chapter
119. of the Revised Code to give notice of opportunity for hearing
and the individual subject to the notice does not timely request a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt, by an
affirmative vote of not fewer than six of its members, a final
order that contains the board's findings. In the final order, the
board may order any of the sanctions identified under division (A)
or (B) of this section.
(K) Any action taken by the board under division (B) of this
section resulting in a suspension shall be accompanied by a
written statement of the conditions under which the radiologist
assistant's certificate may be reinstated. The board shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing conditions to be imposed for reinstatement.
Reinstatement of a certificate suspended pursuant to division (B)
of this section requires an affirmative vote of not fewer than six
members of the board.
(L) When the board refuses to grant a certificate to practice
as a radiologist assistant to an applicant, revokes an
individual's certificate, refuses to renew a certificate, or
refuses to reinstate an individual's certificate, the board may
specify that its action is permanent. An individual subject to a
permanent action taken by the board is forever thereafter
ineligible to hold a certificate to practice as a radiologist
assistant and the board shall not accept an application for
reinstatement of the certificate or for issuance of a new
certificate.
(M) Notwithstanding any other provision of the Revised Code,
all of the following apply:
(1) The surrender of a certificate to practice as a
radiologist assistant issued under this chapter is not effective
unless or until accepted by the board. Reinstatement of a
certificate surrendered to the board requires an affirmative vote
of not fewer than six members of the board.
(2) An application made under this chapter for a certificate
to practice may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a certificate to
practice in accordance with section 4774.06 of the Revised Code
shall not remove or limit the board's jurisdiction to take
disciplinary action under this section against the individual.
Sec. 4779.29. If the state board of orthotics, prosthetics,
and pedorthics determines that there is clear and convincing
evidence that an individual licensed under this chapter is
engaging or has engaged in conduct described in division (A) of
section 4779.28 of the Revised Code and that the license holder's
continued practice presents a danger of immediate and serious harm
to the public, the board may suspend the individual's license
without an adjudicatory hearing. A telephone conference call may
be used for reviewing the matter and taking the vote.
If the board votes to suspend an individual's license, the
board shall issue a written order of suspension by certified mail
a delivery system or in person in accordance with section 119.07
of the Revised Code. The order is not subject to suspension by a
court during pendancy pendency of any appeal filed under section
119.12 of the Revised Code. If the license holder requests an
adjudicatory hearing by the board, the date set for the hearing
shall be not later than fifteen days, but not earlier than seven
days, after the request, unless otherwise agreed to by the board
and the license holder.
Any suspension imposed under this section shall remain in
effect, unless reversed on appeal, until a final adjudicative
order issued by the board pursuant to section 119.12 of the
Revised Code becomes effective. The board shall issue its final
adjudicative order within sixty days after completion of its
hearing. A failure to issue an order within sixty days shall
result in the dissolution of the summary suspension order, but
shall not invalidate any subsequent, final adjudicative order.
Sec. 5123.0414. (A) When the director of developmental
disabilities, under section 119.07 of the Revised Code, sends a
party a notice by registered mail, return receipt requested using
a delivery system or delivers a notice in person in accordance
with that section, that the director intends to take action
against the party authorized by section 5123.082, 5123.166,
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised
Code and the notice is returned to the director with an
endorsement indicating that the notice was refused or unclaimed,
the director shall resend the notice by ordinary mail to the
party.
(B) If the original notice was refused, the notice shall be
deemed received as of the date the director resends the notice.
(C) If the original notice was unclaimed, the notice shall be
deemed received as of the date the director resends the notice
unless, not later than thirty days after the date the director
sent the original notice, the resent notice is returned to the
director for failure of delivery.
If the notice concerns taking action under section 5123.51 of
the Revised Code and the resent notice is returned to the director
for failure of delivery not later than thirty days after the date
the director sent the original notice, the director shall cause
the notice to be published in a newspaper of general circulation
in the county of the party's last known residence or business and
shall mail a dated copy of the published notice to the party at
the last known address. The notice shall be deemed received as of
the date of the publication.
If the notice concerns taking action under section 5123.082,
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised
Code and the resent notice is returned to the director for failure
of delivery not later than thirty days after the date the director
sent the original notice, the director shall resend the notice to
the party a second time. The notice shall be deemed received as of
the date the director resends the notice the second time.
Section 2. That existing sections 119.062, 119.07, 3711.14,
4713.01, 4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081,
4713.09, 4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21,
4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30,
4713.31, 4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42,
4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60,
4713.61, 4713.62, 4713.63, 4713.64, 4715.30, 4717.14, 4723.281,
4725.24, 4730.25, 4731.22, 4734.36, 4734.37, 4757.361, 4760.13,
4762.13, 4774.13, 4779.29, and 5123.0414 and sections 4713.17 and
4713.39 of the Revised Code are hereby repealed.
Section 3. (A) As used in this section, "braider" and
"threader" have the same meanings as in section 4713.01 of the
Revised Code.
(B) Notwithstanding division (C)(1) of section 4713.14 of the
Revised Code which, as a result of amendments made by this act,
prohibits practicing braiding or threading without a current,
valid license, a braider or threader may practice without a
license until twelve months after the effective date of this act.
(C) Notwithstanding division (D)(1) of section 4713.14 of the
Revised Code which, as a result of amendments made by this act,
prohibits employing a person to practice braiding or threading who
does not have a current, valid license, a person may employ an
unlicensed braider or unlicensed threader until twelve months
after the effective date of this act.
(D) Notwithstanding division (E) of section 4713.14 of the
Revised Code which, as a result of amendments made by this act,
prohibits managing a braiding or threading salon without a
current, valid managing license, a braider or threader may manage
a braiding or threading salon without a managing license until
twelve months after the effective date of this act.
(E) Notwithstanding division (F)(1) of section 4713.14 of the
Revised Code which, as a result of amendments made by this act,
prohibits teaching braiding or threading at a school of
cosmetology without a current, valid instructor license, a braider
or threader may teach at a school of cosmetology without an
instructor license until twelve months after the effective date of
this act.
(F) Notwithstanding division (L)(1) of section 4713.14 of the
Revised Code which, as a result of amendments made by this act,
prohibits teaching braiding or threading at a salon without a
current, valid practicing or managing license, a braider or
threader may teach at a salon without a practicing or managing
license until twelve months after the effective date of this act.
Section 4. Section 4731.22 of the Revised Code is presented
in this act as a composite of the section as amended by both H.B.
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General
Assembly, applying the principle stated in division (B) of section
1.52 of the Revised Code that amendments are to be harmonized if
reasonably capable of simultaneous operation, finds that the
composite is the resulting version of the section in effect prior
to the effective date of the section as presented in this act.
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