Chapter 4734-11 Military Considerations

4734-11-01 Military considerations.

(A) A veteran means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

(B) Military means the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.

(C) Temporary chiropractic licensure

(1) An individual whose spouse is on active military duty in this state may apply for a temporary license to practice chiropractic in accordance with division (C) of section 4743.04 and division (A)(4) of section 4734.27 of the Revised Code. The applicant shall submit:

(a) A complete application on a form prescribed by the board and furnish evidence of his or her qualifications as prescribed by section 4734.20 of the Revised Code.

(b) An application fee in the amount of seventy-five dollars made payable to the treasurer, state of Ohio.

(c) Evidence the applicant's spouse is on active military duty in this state.

(d) A transcript from the institution or program from which the applicant earned a doctor of chiropractic degree. The transcript shall be sent directly to the board office from the institution or program.

(e) If the applicant graduated from a doctor of chiropractic degree program on or after June 30, 2010, a transcript reflecting the applicant possesses a bachelor, masters, or doctorate degree, other than a doctor of chiropractic degree, from an institution accredited by a national accrediting agency recognized by the secretary of the United States department of education. Foreign educated applicants shall submit proof of the equivalent education. Transcripts shall be sent directly to the board office from the educational institution.

(f) A national board of chiropractic examiners transcript as outlined in division (B) of section 4734.20 of the Revised Code. The transcript shall be sent directly to the board office from the national board of chiropractic examiners.

(g) Verification of licensure and good standing from all states in which a chiropractic license was ever issued. The verification shall be issued by the licensing authority.

(h) A fingerprint criminal background check from the records maintained by the federal bureau of investigation and the bureau of criminal identification and investigation in accordance with sections 4734.20 and 4734.202 of the Revised Code. The applicant is responsible for submitting properly executed fingerprints and the appropriate fees to the bureau of criminal investigation and identification. The criminal background check shall be completed no earlier than one hundred eighty days preceding application for licensure and the results shall expire one hundred eighty days after receipt.

(i) A passport type photograph taken within the preceding one hundred eighty days. The photo shall be signed by the applicant on the back of the photograph. All photographs shall be no smaller than two inches by two inches and no larger than three by five inches.

(2) Upon receipt of all required documents, the applicant shall be notified as soon as possible, but no later than three business days, of his or her eligibility status for the board's jurisprudence examination. In order to expedite temporary licensure, and at the board's discretion, an applicant may be approved to take the jurisprudence examination and be issued a temporary license pending receipt of a credential(s), provided a complete application and fee have been received.

(3) An applicant for temporary chiropractic licensure may also apply for a temporary acupuncture certificate if the applicant possesses the qualifications as prescribed by section 4734.282 of the Revised Code. The applicant shall submit an application and credentials for the certificate in accordance with rule 4734-10-03 of the Administrative Code. The application fee for a temporary acupuncture certificate shall be waived.

(4) Temporary licenses, and certificates if applicable, granted under the provisions of this rule shall be valid for up to twelve months and may be extended for good cause shown. A request for an extension of the twelve month time period shall be made in writing by the temporary licensee and submitted to the board office no later than twenty days prior to the expiration of the license. In no event shall a temporary license, and certificate if applicable, be valid for longer than twenty four months.

(5) A holder of a temporary license, and certificate if applicable, granted under the provisions of this rule shall abide by Chapter 4734. of the Revised Code and agency 4734 of the Administrative Code.

(6) Any applicant the board proposes to refuse or deny a temporary license, and certificate if applicable, 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.

(7) If the board proposes to discipline a holder of a temporary license, and certificate if applicable, for any violation of Chapter 4734. of the Revised Code or agency 4734. of the Administrative Code, 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.

(D) Extension of chiropractic and acupuncture continuing education reporting period

(1) In accordance with section 5903.12 of the Revised Code, the board may extend the current continuing education reporting period for a licensee if the licensee served on active duty inside or outside the United States for a period in excess of thirty-one days in the armed forces of the United States, the Ohio national guard, the Ohio military reserve, the Ohio naval militia, the national guard of any other state, or a reserve component of the armed forces of the United States.

(2) The board shall extend the current continuing education reporting period by an amount of time equal to the total number of months the licensee spent on active duty during the current reporting period if the licensee submits a request for an extension and proper documentation certifying the active duty service and the length of that active duty service. Any portion of a month served on active duty shall be considered one full month.

(E) Determining fulfillment of chiropractic and acupuncture continuing education

(1) In accordance with section 5903.121 of the Revised Code, the board shall consider relevant education, training, or service completed by a licensee as a member of the armed forces of the United States or reserve components thereof, the Ohio national guard, the Ohio military reserve, the Ohio naval militia, or the national guard of any other state in determining whether a licensee has fulfilled the continuing education required to renew the license or certificate.

(2) In order for the board to consider relevant education, training, or service completed by a licensee, the licensee shall submit a request for consideration and evidence or documentation of the education, training, or service to the board at least thirty days prior to the expiration of the license or certificate.

(F) Application for chiropractic licensure

(1) A veteran, or the spouse of a veteran, who applies for a chiropractic license and presents satisfactory evidence of the service member's discharge under honorable conditions in any component of the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state shall be notified of his or her eligibility status for the board's jurisprudence exam no later than three business days following receipt of the credentials outlined in rule 4734-6-01 or rule 4734-6-02 of the Administrative Code. In order to expedite licensure, and at the board's discretion, an applicant may be approved to take the jurisprudence exam and be issued a license to practice chiropractic pending receipt of a credential(s) provided a complete application and fee have been received.

(2) The board may consider an applicant to have met the pre-chiropractic educational requirements if the applicant provides evidence of completing a military program of training and has been awarded a military primary specialty at a level that is substantially equivalent to or exceeds the pre-chiropractic educational requirements for licensure as outlined in rule 4734-6-08 of the Administrative Code.

(G) Application for acupuncture certificate

(1) An applicant currently serving in the military may request a waiver of the acupuncture certificate application fee provided he or she has presented satisfactory evidence of current military service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.

(2) The board shall not issue an acupuncture certificate unless the individual possesses a license to practice chiropractic issued by the board.

(H) Reinstatement of forfeited chiropractic license

(1) In accordance with section 5903.10 of the Revised Code, the holder of a forfeited chiropractic license shall be reinstated without a penalty fee and without re-examination if not otherwise disqualified because of mental or physical disability if either of the following applies:

(a) The license was not renewed because of the holder's service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any state.

(b) The license was not renewed because the license holder's spouse served in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any state and their service resulted in the holder's absence from this state.

(2) Reinstatement without a penalty fee or re-examination shall not be granted unless the licensee or licensee's spouse, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty or national guard duty within six months after the discharge or release.

(3) Applicants for reinstatement shall abide by the applicable continuing education requirements as outlined in rule 4734-7-05 of the Administrative Code.

Effective: 07/28/2014
R.C. 119.032 review dates: 07/28/2019
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4743.04, 5903.03, 5903.10, 5903.12, 5903.121