4731-6-30 Training certificates.

(A) A training certificate is mandatory for participation in an internship or residency accredited by the ACGME or the AOA, a combined post-graduate training program or a clinical fellowship program at an institution with a residency program accredited by the ACGME or the AOA in the same or a related field unless the participant holds a current certificate to practice medicine and surgery or osteopathic medicine and surgery under section 4631.14 or section 4731.29 of the Revised Code. The participation in the programs prior to receiving an acknowledgment letter from the board is the unlicensed practice of medicine pursuant to section 4731.34 of the Revised Code.

(B) A training certificate shall be issued to those applicants meeting the requirements of section 4731.291 of the Revised Code and this chapter of the Administrative Code, and who have provided evidence satisfactory to the board of being at least eighteen years of age and having a diploma from an LCME or AOA accredited medical school or an ECFMG certificate or a fifth pathway certificate. The applicant shall identify the training program to which the applicant has been appointed and the effective dates of that appointment. In addition, those applicants who are training as clinical fellows will be eligible to receive a training certificate in sub-specialty areas only if the institution in which they are pursuing a clinical fellowship has a residency program in the same or related clinical field and that residency program is accredited by the ACGME or AOA.

(C) The holder of a training certificate must limit his or her activities to those set forth in section 4731.291 of the Revised Code. The acknowledgment letter and subsequent training certificate entitle the holder to perform only such acts as may be prescribed by or incidental to the internship, residency, or clinical fellowship program, but do not entitle one to otherwise engage in the practice of medicine and surgery or osteopathic medicine and surgery in this state. The holder must train only under the supervision of the physicians responsible for supervision as part of the internship, residency or clinical fellowship program. Further, the holder must limit activities under the acknowledgment letter or training certificate to the programs of the hospital or facilities for which the training certificate is issued. Such activities may include rotations at additional sites that have affiliation agreements with the program.

(D) A training certificate may be renewed annually for a maximum of six years.

(E) The board may take disciplinary action against an applicant or holder of a training certificate upon proof, satisfactory to the board, that the holder has engaged in practice in this state outside the scope of the internship, residency or clinical fellowship program for which the training certificate has been issued, or upon other proof, satisfactory to the Board, that the applicant has engaged in conduct that is grounds for action under section 4731.22 of the Revised Code. In accordance with section 3719.121 or section 4731.22 of the Revised Code, the board may suspend, without a prior hearing, a training certificate or the right to participate in training under an acknowledgment letter issued pursuant to this rule.

(G)(F) Upon the board's receipt of an application for a training certificate, or upon the board's receipt of written notice from an applicant for a certificate to practice medicine and surgery or osteopathic medicine and surgery under section 4731.14 or section 4731.29 of the Revised Code, that the applicant intends to participate in a training program described in paragraph (A) of this rule, and after verifying that the applicant has paid the appropriate fee, the board will issue to the applicant an acknowledgment letter. Fees are neither refundable nor transferable. Upon receipt of that acknowledgment letter, the applicant may begin participating in the program that meets the requirements of section 4731.29 1 of the Revised Code, and this chapter of the Administrative Code, to which he or she has been appointed while the application is being processed. That acknowledgment letter will serve as proof that the board has received the application and that the applicant is entitled to continue participation in the training program. If an applicant has not received an acknowledgment letter from the board within forty-five days of submitting an application, then the applicant shall immediately inform the board and the director of his or her training program in writing.

(H)(G) An acknowledgment letter issued under this rule shall authorize participation in a training program for one hundred twenty days, unless prior to that time the board:

(1) Issues the certificate; or

(2) Issues an order in accordance with Ohio law suspending without a prior hearing the authority to participate; or

(3) Accepts a withdrawal of the application; or

(4) Issues a notice of opportunity for hearing in accordance with Chapter 119. of the Revised Code, in which case the authority to participate shall continue until the board's issuance of a final order granting or denying the application, or until the end of the training year, whichever comes first; or

(5) In the case of an applicant for a certificate under section 4731.14 or section 4731.29 of the Revised Code, advises the applicant in writing that a substantial question of a violation of this chapter or the rules adopted under it exists and that investigation is continuing, in which case the authority to participate shall continue until one of the following occur:

(a) The board issues a certificate; or

(b) The board issues a final order in accordance with Chapter 119. of the Revised Code; or

(c) The training year ends. Except as provided above, participation in a training program pursuant to an acknowledgment letter cannot be renewed or extended beyond one hundred and twenty days.

(H) If at the end of one hundred and twenty days following issuance of an acknowledgment letter to an applicant for a training certificate the board has commenced but not yet concluded investigation or inquiry into issues of possible violations of Chapter 4731. of the Revised Code, it shall issue a training certificate to the applicant but shall not be deemed to have waived any issues which would constitute grounds to impose discipline under Chapter 4731. of the Revised Code.

(I) If the applicant or training certificate holder changes training programs before the end of the training year while maintaining the same finishing date of his or her post graduate training year (e.g., June thirtieth), the board must be notified in writing immediately. A new application need not be completed. However, acknowledgment by the board of receipt of written notification of change in training Programs programs will be required prior to starting the new training program. The new training certificate will only be valid for the remainder of the training year for which the applicant has been issued a current certificate.

(J) A training certificate shall be valid for one training year, but may, at the discretion of the board, be renewed annually five times for a maximum of five six years. Renewal applications are mailed approximately April first for those who initiated their training on July first. Interns, residents or clinical fellows who began their training after July first of the training year will be mailed their renewal application approximately three months prior to the expiration of their training certificate.

(K) This rule and section 4731.291 of the Revised Code do not apply to or prohibit any graduate of a podiatric school or college from performing those acts that may be prescribed by or incidental to participation in an accredited podiatric internship, residency, or fellowship program accredited by the council on podiatric medical education of the American podiatric medical association.

(L) A person who holds a suspended certificate to practice medicine and surgery or osteopathic medicine and surgery under section 4731.14 or section 4731.29 of the Revised Code is not eligible for a training certificate. Such a person must restore that certificate in accordance with sections 4731.222 and 4731.281 of the Revised Code before beginning postgraduate training in Ohio. A person whose certificate has been permanently revoked or permanently denied is ineligible to participate in postgraduate training in Ohio.

Eff 2-29-88 (Emer.); 6-6-88 (Emer.); 11-1-88 (Emer.); 12-19-88; 2-10-89; 8-15-93; 12-1-99; 5-5-00 (Emer.); 10-31-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4731.05
Rule amplifies: RC 3719.121 , 4731.091 , 4731.12 , 4731.13 , 4731.14 , 4731.142 , . 4731.17 , 4731.22 , 4731.222 , 4731.281 , 4731.29 , 4731.291 , 4731.34 , 4731.41
R.C. 119.032 review dates: 07/30/2004 and 10/31/2009