Lawriter - OAC - 4723-14-12 OBN approver processes and statements.

4723-14-12 OBN approver processes and statements.

(A) An OBN approver shall establish, implement, and enforce processes that address the following:

(1) The scope of the approver's approval activities including identification of the target audience of providers and the type of applications to be approved;

(2) Qualifications and responsibilities of all paid or volunteer staff members of the approver, including a mechanism for identifying and handling potential conflicts of interest for individuals involved in the approval process;

(3) A peer review process to be used for review and approval of all continuing education activities;

(4) A process to ensure that documentation of a planned activity satisfies the requirements of this chapter;

(5) An application process and guidelines for approval and reapproval of faculty-directed and independent study continuing education activities, according to rules 4723-14-15 and 4723-14-16 of the Administrative Code, that ensure:

(a) The approval or reapproval process is completed prior to the date the continuing education activity is offered; and

(b) The content of the activity meets the criteria for approval set forth in paragraph (J) of rule 4723-14-01 of the Administrative Code;

(6) An application process and guidelines for approval and reapproval to be used by an approved provider unit that applies to have its continuing education system approved according to rule 4723-14-17 of the Administrative Code. The process must ensure that the internal review and documentation used by the approved provider unit are completed before the date continuing education activity is offered;

(7) The documentation, review process, and record-keeping to be used by the OBN approver offering its own continuing education activities that ensure all documentation and reviews are completed before the date continuing education activity is offered;

(8) The process for awarding contact hours for a continuing education activity, including a statement of minimum requirements an individual must meet to receive contact hours;

(9) The process for ensuring that the primary purpose of a continuing education activity is not to promote the sale of items or services;

(10) If any commercial support is provided for an educational activity, the continuing education provider will maintain control of the educational content and disclose the existence of the commercial support to the learner;

(11) The provider will disclose to learners that there is no conflict of interest involving anyone with the ability to control content of the educational activity, or if there is a conflict that has been resolved by the provider, the provider will disclose to the learner the name of the individual, the type of relationship and the name of the commercial interest entity;

(12) Exhibits shall not be set up or positioned in such a way that will influence or distract a learner from the educational activity;

(13) A system for record-keeping that ensures the following records are maintained, safely stored, and readily retrievable for a minimum of six years:

(a) A copy of the entire application package submitted to the board by the OBN

approver and all reapproval applications;

(b) A copy of each continuing education application reviewed by the OBN

approver with all attachments;

(c) Documentation of the review and action taken on each application;

(d) A copy of any letter stating OBN approver decisions and all other pertinent correspondence; and

(e) All additional or clarifying information concerning the application;

(14) An evaluation process that provides for evaluation of the activities of the OBN approver;

(15) The process for assuring that the OBN approver number is used in all correspondence and advertising as required by paragraph (E) or (F) of rule 4723-14-14 of the Administrative Code;

(16) The process for development and distribution to the public of material related to approval activities including a current list of continuing education activities approved or offered by the OBN approver;

(17) Possible actions an OBN approver may take in response to an application for approval submitted by a continuing education provider, including the time period for notifying the applicant regarding the action taken;

(18) The actions a continuing education provider may take while an application for approval of a continuing education activity is pending before an OBN approver, including a process for appealing a negative decision by the approver;

(19) The process for withdrawal of approval of a continuing education provider's activity or system that includes a description of the circumstances that can lead to loss of approval and the process used to notify consumers regarding the loss of approval;

(20) Publication of deadlines for submitting continuing education provider applications and fees for the approval process;

(21) The process for documenting a review conducted by the OBN approver in response to complaints received about a provider or provider unit.

(B) An OBN approver must have goals that are consistent with the requirements of this chapter.

(C) An OBN approver must develop, date, and periodically review an organizational chart defining the lines of authority and communication within the approver and its administrative structure.

(D) An OBN approver must establish a means to review the provider unit during the three year approval period, that may include on-site visits to the provider unit, or review of documentation requested by the OBN approver.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/12/2017 and 10/11/2022
Promulgated Under: 119.03
Statutory Authority: 4723.07, 4723.69, 4723.79
Rule Amplifies: 4723.24, 4723.651, 4723.77
Prior Effective Dates: 04/01/1991, 04/01/1993, 02/01/1996, 04/01/1998, 02/01/2000, 02/01/2001, 02/01/2007, 02/01/2013, 02/01/2014