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

Cite as Ohio Admin. Code 4734-1-01

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.

Cite as Ohio Admin. Code 4734-1-02

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.

Cite as Ohio Admin. Code 4734-1-03

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.

Cite as Ohio Admin. Code 4734-1-04

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 ."

Cite as Ohio Admin. Code 4734-1-05

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.Theexecutivedirectorshallreviewallrequests 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.

Cite as Ohio Admin. Code 4734-1-07

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.

Cite as Ohio Admin. Code 4734-1-08

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 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.

Cite as Ohio Admin. Code 4734-1-09

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

Cite as Ohio Admin. Code 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