Chapter 4734-1 General Provisions

4734-1-02 Public notice of meetings.

(A) The board shall establish a date, time and place for its annual meeting, which shall be held within the state of Ohio during the month of September.

(B) The board, with the concurrence of a majority of its members, shall from time to time, establish the date(s), time(s) and place(s) for its regular meetings.

(C) Special meetings of the board may be called by the board president or at the request of two board members, who shall notify the executive director of their request. The executive director shall call the meeting and make the proper notifications. Special meetings of the board shall be held only after a minimum of twenty-four hours advance notice has been given to all board members and interested parties.

(D) Emergency meetings of the board may be called by the board's president or executive director in the event the board must take immediate official action.

(E) Notification of a regular, special or emergency meeting shall specify the date, time, place, and agenda of such regular, special or emergency meeting.

(1) Notification of regular meetings of the board shall be posted on the board's website, by notifying non-profit associations consisting primarily of chiropractic physicians within the state of Ohio, and by notifying all persons on the board's interested parties mailing list at least fourteen days prior to the scheduled regular meeting.

(2) Notification of special and emergency meetings of the board shall be posted on the board's website, by notifying non-profit associations consisting primarily of chiropractic physicians within the state of Ohio and by notifying all persons on the board's interested parties mailing list prior to the scheduled date of the special or emergency meeting.

(F) Parties interested in receiving advance notification of regular, special, and emergency meetings of the board where certain specific public business is to be discussed shall notify the board in writing of this interest. Any party on the interested parties list may be notified of meetings in writing, via electronic mail, or via facsimile. The party shall designate in writing the preferred method of notification.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.04 , 4734.05 , 4734.10
Prior Effective Dates: 1/10/2003

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 Agents of the board.

(A) Generally. The executive director, with the approval of the board, may appoint officers, agents and other representatives to represent the board in the execution of the duties of the board. Any such officer or agent shall be provided a detailed job description by the board and will confine his or her activities to that job description, except where given specific assignments by the executive director to do otherwise.

(B) Attorney examiners. The executive director, with the approval of the board, may appoint any Ohio licensed attorney in good standing with the Ohio supreme court to conduct any investigation, inquiry or hearing which the board is empowered to conduct. Any such appointment shall be in writing and under the seal of the board. In the case of an adjudication hearing held pursuant to Chapter 119. of the Revised Code, the procedures in that chapter and in Chapter 4734-4 of the Administrative Code shall govern the attorney examiner. While conducting any investigation, inquiry or hearing, the attorney examiner shall have those powers conferred by law upon the board or its members, as specified in the appointment.

(C) Enforcement investigators.

(1) The executive director may appoint enforcement investigators in the unclassified service to conduct investigations on the board's behalf and to function as law enforcement and peace officers as required by Chapter 4734. of the Revised Code. Prior to appointing an investigator, the executive director shall have a background investigation conducted. Only persons who have good moral character, the appropriate background, and who have no felony convictions shall be appointed as enforcement investigators. The enforcement investigator shall take an oath prior to executing his or her duties.

(2) The executive director shall issue an identification card to all investigators which shall contain, at minimum, the name of the board, the investigator's name, photograph, other identifying data, date appointed, and the executive director's signature. When taking enforcement action or otherwise representing the board, the investigator shall show this identification card to any interested party upon request, unless displaying the identification would endanger the safety of any person.

(D) Special prosecutors. The executive director, with the approval of the board, may designate any Ohio licensed attorney in good standing with the Ohio supreme court to serve as a special prosecutor and to conduct any prosecution brought under Chapter 4734. of the Revised Code. Any such special prosecutor shall have the privileges, immunities and powers generally conferred upon prosecutors by law.

(E) Other employees. The board may employ other persons as required to execute its duties under Chapter 4734. of the Revised Code.

(F) The board may prescribe policies, procedures and work rules for its officers, agents and employees to follow, not inconsistent with the Revised Code and this chapter of the Administrative Code.

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: 4734.02 , 4734.05 , 4734.07 , 4734.09 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 1/10/03

4734-1-05 Parliamentary authority.

Except as provided by statute or rule, meetings of the board and its committees shall be conducted in accordance with "Robert's Rules of Order."

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: 4734.04
Prior Effective Dates: 1/10/03

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

Rescinded eff 4-9-04

4734-1-07 Committees and advisory groups.

(A) The board may appoint committees and advisory groups consisting of one or more board members and/or other individuals with appropriate backgrounds to assist the board in fulfilling its duties. Any committee or group appointed by the board shall be provided a written mission or scope of responsibilities and shall confine its activities as directed by the board. The board may require any committees or groups to file periodic reports as to its progress. The board shall appoint the chairperson of the committee or group. The board may delegate the authority to appoint committee or group members to its officers. The board may appoint a committee consisting of only one person, such person will act as the chairperson.

(B) The board shall provide necessary administrative and clerical support to any committees appointed by the board. In the alternative, the board may accept reasonable clerical or administrative support from a committee. However, the board office is the official repository of all committee or advisory group records. The executive director is the custodian of any committee or group records and shall be the administrative liaison to these groups.

(C) Committee or advisory group members may be reimbursed for their actual expenses incurred in performance of their duties in accordance with Ohio Administrative Code rule 126-1-02.Theexecutivedirectorshall review all requests for reimbursement to ensure compliance with Ohio Administrative Code rule 126-1-02.Aquarterlyreport of all committee or advisory group expenses shall be reported to the board.

R.C. 119.032 review dates: 01/11/2013 and 01/11/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.06
Prior Effective Dates: 1/10/2003

4734-1-08 Investigative procedures.

(A) Complaints against a licensee or an unlicensed practitioner may be submitted to the board in writing, via telephone, via electronic mail, or in person. Upon receipt of a complaint, the board representative receiving that documentation shall forthwith submit the complaint to the executive director or his or her designee for review. If the complaint is submitted orally, the board representative receiving the complaint shall forthwith reduce the information received to writing and submit the written complaint to the executive director or his or her designee for review. Complaints shall not be submitted directly either orally or in writing to members of the board.

(B) Upon receipt of a complaint, the executive director or his or her designee shall promptly review the information submitted. The executive director or designee shall make an initial determination whether the complaint sufficiently identifies a person subject to the board's jurisdiction and the allegations, if substantiated, would constitute a violation of Chapter 4734. of the Revised Code or agency-level 4734 of the Administrative Code. The executive director or designee may consult with legal counsel or a designated board member during the review process.

(C) Once a complaint has been assigned a case number, the executive director or designee shall assign a board representative to conduct an investigation of the facts.

R.C. 119.032 review dates: 01/11/2013 and 01/11/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.45
Prior Effective Dates: 1/10/2003

4734-1-09 Organizational memberships.

(A) Memberships. The board may hold membership in the international "Federation of Chiropractic Licensing Boards," (hereinafter the "FCLB") a non-profit association. The board may participate in the governance of the "National Board of Chiropractic Examiners," (hereinafter "NBCE") a non-profit corporation, to the extent permitted by its bylaws. The board may join or participate in other groups, associations, or organizations which are consistent with its mission.

(B) Participation. The board may participate to the extent possible in the activities and programs of the "FCLB", "NBCE" and other organizations discussed above. 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. The board's executive director may be a member of the "FCLB" affiliated "Association of Chiropractic Board Administrators."

(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 association meeting for a majority decision. The board decision shall be deemed unalterable by a voting delegate, but would remain modifiable to the attending majority.

(E) "FCLB" databank. The board may enter into a contract with the "FCLB" to report formal licensing actions against licensees to the "FCLB's Chiropractic Information Network - Board Action Databank" (hereinafter "CIN-BAD") or to the successor databank of "CIN-BAD". Subject to Ohio law, the board shall report licensing information to "CIN-BAD" as required in its contract with the "FCLB".

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.08
Prior Effective Dates: 1/10/2003

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 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.

(C) Chiropractic physicians may not advertise themselves as or practice as homeopathic physicians.

R.C. 119.032 review dates: 07/16/2010 and 07/16/2015
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.01 , 4734.15
Prior Effective Dates: 6/15/1994