Chapter 4734-10 Acupuncture Practice

4734-10-01 Maintaining a certificate to practice acupuncture.

(A) Each chiropractic physician issued a certificate to practice acupuncture by the board shall maintain a current license to practice chiropractic in the state of Ohio.

(B) If at any time a chiropractic physician's license to practice chiropractic in Ohio is suspended, revoked, placed inactive, or forfeited, the certificate to practice acupuncture issued by the state chiropractic board shall likewise be suspended, revoked, placed inactive, or forfeited without further administrative action.

(C) At no time shall a chiropractic physician hold an active certificate to practice acupuncture without simultaneously holding a valid, current license to practice chiropractic in the state of Ohio.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.281
Prior Effective Dates: 11/15/07

4734-10-02 Acupuncture course of study approval.

(A) It shall be the objective of each board-approved acupuncture educational provider to prepare each chiropractic physician to demonstrate professional competence to become an acupuncture provider.

(B) Each educational provider that seeks board approval of an acupuncture course of study shall file an application with the board. The application shall include:

(1) Evidence that the program consists of a minimum of three hundred hours of instruction, of which at least two hundred hours must be administered in accordance with division (B) of section 4734.211 of the Revised Code;

(2) Evidence that the program is administered by an entity oulined in division (C) of section 4734.211 of the Revised Code;

(3) An outline for the entire course of study;

(4) Accreditation held by the educational provider, to include programs that are accredited;

(5) Information pertaining to any denials or revocations of accredited status of the educational provider or of any program of the provider by another accrediting body;

(6) Evidence that the course of study will prepare students to become a competent acupuncture provider;

(7) A vitae of each instructor;

(8) Verification of the instructors' faculty status with the educational provider seeking approval;

(9) Faculty data on earned degrees, types of experience, scholarly attainment, practice experience, and teaching experience.

(10) Evidence that the course of study is accepted by the national board of chiropractic examiners to allow students to sit for the acupuncture examination;

(11) Other information as deemed appropriate by the board.

(C) The board may review the application and supporting documentation and/or appoint a committee to review the application materials.

(D) Board-approved acupuncture educational providers may accept transfer hours towards the required three hundred hours of acupuncture education for those chiropractic physicians who have previously earned acupuncture education. The educational provider shall ensure that any accepted transferred hours are appropriate and acceptable to utilize towards the three hundred hour course requirement as outlined in section 4734.211 of the Revised Code. The board-approved acupuncture educational provider shall reflect all transferred coursework on the chiropractic physician's final transcript.

(E) The educational institution shall ensure appropriate attendance and monitoring procedures for the course of study.

(F) The board may withdraw approval of an acupuncture course of study at any time if such program is not in compliance with the provisions of this rule. If, in the opinion of the board, there is evidence that an entity having status of board-approved acupuncture educational provider is not in compliance with this rule, the board shall issue a warning letter to the program stating that board-approved status may be withdrawn and the reasons for the action. Such letter shall be sent at least thirty days prior to such contemplated action by the board. Reinstatement of board-approved status may be granted by the board if the educational provider furnishes proof of compliance with this rule.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.211
Prior Effective Dates: 11/15/07

4734-10-03 Application for acupuncture certificate.

(A) No certificate to practice acupuncture in the state of Ohio shall be issued to an applicant unless the applicant's Ohio chiropractic license is current and valid.

(B) Each applicant for a certificate to practice acupuncture shall apply for said certificate on board prescribed forms and submit satisfactory evidence of his or her qualifications to receive a certificate to practice acupuncture in the state of Ohio as prescribed by section 4734.282 of the Revised Code. Each applicant shall:

(1) Submit a completed application for certificate to practice acupuncture in the state of Ohio which can be found on the board's website;

(2) Submit a non-refundable application fee in the amount of one hundred dollars made payable to the treasurer, state of Ohio;

(3) Instruct that a transcript be sent directly to the board from the board-approved educational institution(s) from where his or her acupuncture education was attained;

(4) Instruct that a transcript be sent directly to the board from the national board of chiropractic examiners reflecting a score of three hundred seventy-five or higher on the written acupuncture exam;

(C) Applications shall be signed by the applicant in his or her own handwriting and acknowledged before a notary public. Incomplete applications will not be considered and will be returned to the applicant with the notation that the application is incomplete.

(D) Once a complete application including all required credentials is received by the board, a determination as to whether the applicant meets the requirements to receive a certificate to practice acupuncture shall be made by the board within sixty days.

(E) Applications shall be valid for one year from the initial application date. After one year, a new application and the appropriate fee must be submitted.

(F) The board may refuse or deny an applicant for a certificate to practice acupuncture in this state if the applicant does not meet the licensure requirements as outlined in section 4734.282 of the Revised Code or has committed any act which indicates that the applicant does not possess the character and fitness to practice acupuncture, including any act that would be grounds for disciplinary action as outlined in section 4734.31 of the Revised Code. The burden of proof is on the applicant to prove by clear and convincing evidence to the board that he or she meets the conditions for receipt of a certificate to practice acupuncture.

(G) Any applicant that the board proposes to refuse or deny a certificate to practice acupuncture shall be entitled to a hearing on the question of such proposed refusal or denial. Notice and hearing requirements incident to such proposed refusal or denial shall be in compliance with the provisions of Chapter 119. of the Revised Code and Chapter 4734-4 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: 4734.282
Rule Amplifies: 4734.282
Prior Effective Dates: 11/15/2007

4734-10-04 Acupuncture certificate renewal requirements.

(A) Each chiropractic physician who receives a certificate to practice acupuncture shall thereafter apply for renewal of such certificate on a biennial basis and pay a non-refundable one hundred dollar renewal fee made payable to the treasurer, state of Ohio postmarked before the first day of April of each even numbered year. Such renewal shall be made on forms prescribed by the board. Each licensee shall complete the certificate renewal application and supply all information necessary to process the application.

(B) At least sixty days prior to the expiration of a certificate, the executive director shall send notification of renewal to every licensee to whom a certificate was issued or renewed during the current biennial period and post the license renewal applicaton on the board's website. Failure to receive the board's notification of renewal shall not exonerate the licensee from the board's certificate renewal requirements.

(C) Each licensee shall complete the certificate renewal application and supply all information necessary to process the application. An acupuncture certificate shall not be renewed unless the licensee's chiropractic license is likewise renewed.

(D) Each licensee shall attest on the application for certificate renewal to having earned twelve hours of acupuncture CE. Acupuncture CE may be earned within the state of Ohio, outside the state of Ohio or via electronic learning so long as the CE is sponsored by a board-approved chiropractic educational institution, a non-profit association, accredited academic health institution or hospital and comply with the applicable requirements of rules 4734-7-02 and 4734-7-03 of the Administrative Code.

(E) Electronic learning includes, but is not limited to, CD, DVD, MP3 audio programs, video programs, internet programs and virtual education opportunities that provide a certificate of attendance/completion. Electronic learning does not include journals and/or publications in any format.

(F) Licensees applying for their first initial renewal shall be exempt from reporting CE credit.

(G) It is the responsibility of the licensee to ensure that all CE hours earned for certificate renewal purposes are offered specifically for Ohio CE credit.

(H) CE shall be earned in the two year period immediately preceding the first day of April of the year in which certificate renewal is required. CE hours shall not be carried over from one renewal period to the next.

(I) Instructors of CE programs that are offered for CE credit and sponsored by a board-approved CE sponsor may claim CE credit equal to one times the number of hours in which they teach.

(J) Each licensee shall maintain verification of earned CE for no less than three full years from completion of the CE activity.

(K) The board may select applications for audit to verify that all CE requirements have been met. Licensees whose applications are selected for audit shall submit documentation of compliance with the required CE hours within thirty days from the date of the board's notification.

(L) No licensee shall destroy, alter, or otherwise make unavailable documentation of CE and shall produce such documentation upon demand. Failure to maintain CE records rebuts the presumption that the required CE hours were met.

(M) A waiver, extension, or reduction of CE hours may be granted to a licensee due to illness, disability, or other good cause shown . A request for a waiver, extension, or reduction of CE hours must be made to the board in writing no less than sixty days prior to the expiration of the certificate.

(N) Any incomplete renewal will be returned to the licensee indicating the reason for such return. If the renewal application is not returned to the board postmarked before April first, the certificate shall be classified as expired. The certificate may be restored upon receipt of a complete certificate renewal application, the one hundred dollar renewal fee and proof of twelve CE hours earned in accordance with this chapter.

(O) If a check for certificate renewal is returned for insufficient funds, the board shall promptly notify the licensee. The licensee must submit a certified check or money order in the amount of one hundred dollars within ten days of the date of notification from the board. If the payment is not received postmarked before April first, the certificate shall be considered expired. The certificate may be restored upon receipt of a complete certificate renewal application, the one hundred dollar renewal fee and proof of twelve CE hours earned in accordance with this chapter.

(P) Failure to renew a certificate results in the forfeiture of the licensee's right to practice acupuncture in the state of Ohio.

(Q) If the board proposes to refuse to renew a certificate for the licensee's failure to meet the certificate renewal requirements, the licensee shall be entitled to a hearing on the question of such proposed denial. Notice and hearing requirements incident to such proposed denial shall be in compliance with the provisions of Chapter 119. of the Revised Code and Chapter 4734-4 of the Administrative Code.

(R) If the board proposes to discipline a licensee for failure to meet the CE requirements after an audit is conducted, the licensee shall be entitled to a hearing on the question of such proposed discipline. Notice and hearing requirements incident to such proposed denial shall be in compliance with the provisions of Chapter 119. of the Revised Code and Chapter 4734-4 of the Administrative Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 09/10/2012 and 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.284
Prior Effective Dates: 11/15/07, 12/17/09, 4/1/10

4734-10-05 Acupuncture referral.

(A) A licensed chiropractic physician may refer a patient to an acupuncturist or oriental medicine practitioner who holds a certificate of registration issued by the state medical board in accordance with Chapter 4762. of the Revised Code for acupuncture services.

(B) The licensed chiropractic physician shall comply with all applicable sections of Chapter 4762. of the Revised Code in regard to supervision of acupuncturists and oriental medicine practitioners.

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 , 4762.10
Rule Amplifies: 4734.31
Prior Effective Dates: 11/15/07

4734-10-06 Inactive acupuncture certificate: restoration of acupuncture certificate.

(A)Any current licensee may place his or her acupuncture certificate on inactive status in accordance with the provisions of section 4734.286 of the Revised Code if the certificate is in good standing and not under disciplinary review. The effective date of an inactive status shall be the date reflected in the board's official record.

(B)A chiropractic physician holding an inactive acupuncture certificate may apply to have such certificate restored on board prescribed forms and provide all information necessary to process the application for restoration. An acupuncture certificate shall not be renewed unless the licensee's chiropractic license is current.

(1) If an application for restoration is received before the first day of the second year of the CE period, the applicant shall submit a non-refundable payment of one hundred dollars made payable to the treasurer, state of Ohio and submit evidence of earning twelve hours of acupuncture CE. Such CE credit shall be earned in accordance with the provisions of Chapter 4734-7 and attained within the twenty-four months immediately preceding the date of the application for restoration.

(2) If an application for restoration is received on or after the first day of the second year of the CE period, the applicant shall submit a non-refundable payment of fifty dollars made payable to the treasurer, state of Ohio and submit evidence of earning six hours of acupuncture CE. Such CE credit shall be earned in accordance with the provisions of Chapter 4734-7 and attained within the twenty-four months immediately preceding the date of the application for restoration.

(C) The Board shall consider the length of inactivity and the moral character and activities of the applicant during the inactive certificate period and may impose any of the terms and conditions for restoration outlined in division (B) of section 4734.286 of the Revised Code.

(D)The board may refuse or deny an applicant for restoration of his or her inactive certificate if the applicant does not meet the requirements as outlined in this chapter or section 4734.286 of the Revised Code or has committed any act which indicates that the applicant does not possess the character and fitness to practice acupuncture, including any act that would be grounds for disciplinary action as outlined in section 4734.31 of the Revised Code. The burden of proof is on the applicant to prove by clear and convincing evidence to the board that he or she meets the conditions for license restoration.

(E)Any applicant that the board proposes to refuse or deny certificate restoration shall be entitled to a hearing on the question of such proposed refusal or denial. Notice and hearing requirements incident to such proposed refusal or denial shall be in compliance with the provisions of Chapter 119. of the Revised Code and Chapter 4734-4 of the Administrative Code.

Effective: 04/01/2010
R.C. 119.032 review dates: 04/01/2015
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.286