Chapter 4734-1 General Provisions

4734-1-01 Rulemaking and review of existing rules.

(A) The board shall comply with the provisions of section 119.03 of the Revised Code for the adoption, amendment or rescission of any rule.

(B) The board shall comply with the provisions of section 106.03 of the Revised Code for the review of existing rules.

(C) In accordance with section 119.0311 of the Revised Code, the board shall publish a guide to public participation in rule-making and review of existing rules. The guide shall be published in the register of Ohio and on the board's website, and a copy provided to any person upon request.

Replaces: 4734-2-01, 4734-2-02, 4734-2-03

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 119.03 , 119.0311, 106.03
Prior Effective Dates: 3/23/76, 8/4/89, 8/12/02, 12/1/12

4734-1-02 Public notice of meetings.

(A) The board shall comply with the public meeting requirements outlined in section 121.22 of the Revised Code.

(B) Notification of regular, special and emergency meetings of the board shall be posted on the board's website and shall specify the date, time, and place of the meeting. Notification of special meetings shall also include the purpose of the meeting and shall not be held unless at least twenty-four hours advance notice has been given to all media outlets that have requested such notification.

(C) The board may hold an emergency meeting when a situation requires immediate official action. The board shall immediately notify all media outlets that have specifically requested such notice of the time, place and purpose for the meeting.

(D) Any person may determine the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings by writing or calling the board at its business office or by visiting the board's website. Any person may request advance notification of all meetings at which any specific type of public business is to be discussed. Notification shall be made via electronic or regular mail.

Effective: 10/1/2017
Five Year Review (FYR) Dates: 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.04, 4734.05, 121.22

4734-1-03 Payment of fees.

(A) Any fees or fines the board is authorized or required to collect by law, shall be paid in any manner designated by the board.

(B) Any person who provides a fee or fine that is returned by any financial institution for insufficient funds or any other reason, may be charged a fee in the amount determined by the board necessary to cover the costs expended by the board in processing the declined check, draft or credit voucher. The board may not collect any monies in excess of its costs to process the transaction.

(C) If any person has presented payment which was dishonored as described above, the board may require that person to make any future payment authorized or required by law, through a particular method which will guarantee funds are available.

Effective: 06/01/2013
R.C. 119.032 review dates: 03/11/2013 and 06/01/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.20, 4734.21, 4734.23, 4734.25, 4734.26, 4734.27, 4734.282, 4734.284, 4734.31, 4734.53, 4734.54, 4734.55, 4734.99
Prior Effective Dates: 1/10/2003

4734-1-04 [Rescinded] Agents of the board.

Effective: 4/5/2018
Five Year Review (FYR) Dates: 1/12/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.02, 4734.05, 4734.07, 4734.09, 4734.45, 4734.46, 4734.47, 4734.48
Prior Effective Dates: 01/10/2003, 06/01/2013

4734-1-05 [Rescinded] Parliamentary authority.

Effective: 4/5/2018
Five Year Review (FYR) Dates: 1/12/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.04
Prior Effective Dates: 01/10/2003, 06/01/2013

4734-1-06 Educational standards for board-approved chiropractic colleges. [Rescinded].

Rescinded eff 4-9-04

4734-1-07 [Rescinded] Committees and advisory groups.

Effective: 4/5/2018
Five Year Review (FYR) Dates: 1/12/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.06
Prior Effective Dates: 01/10/2003

4734-1-08 [Rescinded] Investigative procedures.

Effective: 4/5/2018
Five Year Review (FYR) Dates: 1/12/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.45
Prior Effective Dates: 01/10/2003

4734-1-09 Organizational memberships.

(A) Memberships. The board shall hold membership in the "Federation of Chiropractic Licensing Boards," (hereinafter the "FCLB") in accordance with section 4734.08 of the Revised Code. The board may participate in the governance of the "National Board of Chiropractic Examiners," (hereinafter "NBCE") . The board may join or participate in other groups, associations, or organizations which are consistent with its mission.

(B) Participation. The board may participate in activities and programs of the "FCLB", "NBCE" and other groups, associations, or organizations . The board's participation may include its members, selected staff members and other board representatives. The board's participation in affiliated organizations shall be subject to budgetary and logistical constraints.

(C) Delegates. The board members shall designate one member to serve as a delegate and one member to serve as an alternate delegate for purposes of voting on behalf of the board at meetings of the "FCLB" and/or the "NBCE." Said designation shall be made by a majority decision of the board. Board members shall disclose any conflicts of interest prior to voting.

(D) Voting. Board members that vote as a delegate to the "FCLB" and/or the "NBCE" shall vote accordingly: Issues that are slated to be voted upon at said meeting shall be placed on the board's agenda prior to the respective meeting for a majority decision. The board decision shall be deemed unalterable by a voting delegate, but would remain modifiable to the attending majority.

Effective: 10/1/2017
Five Year Review (FYR) Dates: 6/30/2017 and 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.08, 4734.09
Prior Effective Dates: 1/10/2003, 8/1/07

4734-1-15 Scope of practice.

(A) In the conduct of the practice of chiropractic no chiropractic physician shall perform any service that is beyond the scope of his or her education, training, and experience.

(B) The practice of chiropractic will include and permit the use of such diagnostic and treatment procedures as are taught by board approved chiropractic colleges except as prohibited by law and/or the rules of this board.

Replaces: 4734-1-15

Effective: 9/22/2015
Five Year Review (FYR) Dates: 09/22/2020
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.01, 4734.15
Prior Effective Dates: 3/23/76, 6/15/1994