Chapter 4734-7 License Renewal and Restoration

4734-7-01 Chiropractic license renewal requirements.

(A) Each chiropractic physician who receives a license to practice chiropractic shall thereafter apply for renewal of such license on a biennial basis and pay a non-refundable five 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 licenseee shall complete the license renewal application and supply all information necessary to process the application.

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

(C) Each licensee shall attest on the application for license renewal to having earned thirty-six hours of CE of which 1.5 hours shall be on the topic of ethics and/or professionalism , and earned in accordance with the provisions outlined in paragraph (E) of this rule.

(D) Chiropractic continuing education is defined as programs comprised of one or more of the following subjects: clinical diagnosis and examination procedures; diagnostic imaging; neurology; electrodiagnostics; nutrition; public health, hygiene, sanitation; manipulation and adjusting procedures; physiological therapeutics; orthopedics; emergency procedures; principles and practice; philosophy; laboratory procedures; anatomy; physiology; acupuncture; rehabilitative procedures/exercise; ethics/boundaries; staff development and training; documentation; risk management; ethics/professionalism; laws and rules of the board; and other subjects related to the practice of chiropractic as deemed appropriate by the board.

(E) CE shall be earned in consideration of the licensee's practice location as follows:

(1) If a licensee practices in the state of Ohio he or she shall earn at least twenty-four hours of CE within the state of Ohio from CE programs approved by the board and posted on the board's website. The remaining twelve hours of CE may be earned within the state of Ohio, outside the state of Ohio, or via electronic learning so long as the CE topic is outlined in paragraph (D) of this rule and is sponsored by a board-approved chiropractic educational institution, a non-profit association, accredited academic health institution or hospital or otherwise complies with the applicable requirements of rule 4734-7-02 or rule 4734-7-03 of the Administrative Code.

(2) If a licensee practices outside the state of Ohio or is not engaged in active practice within the state of Ohio, he or she may earn all required thirty-six hours of CE credit, including the 1.5 hours on the topic of ethics and/or professionalism, within the state of Ohio, outside the state of Ohio, or via electronic learning so long as the CE topic is outlined in paragraph (D) of this rule and is sponsored by a board-approved chiropractic educational institution, a non-profit association, accredited academic health institution or hospital or otherwise complies with the applicable requirement of rule 4734-7-02 or rule 4734-7-03 of the Administrative Code.

(F) 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.

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

(H) It is the responsibility of the licensee to ensure that all CE hours earned for license renewal purposes meet the board's CE requirements.

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

(J) Notwithstanding the requirements of paragraphs (E)(1) and (E)(2) of this rule, a licensee acting as an associate examiner for the national board of chiropractic examiners may receive CE credit up to 34.5 hours per renewal biennium. Said licensees are not exempt from earning 1.5 hours of ethics and/or professionalism.

(K) Notwithstanding the requirements of paragraphs (E)(1) and (E)(2) of this rule, 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.

(L) Nothwithstanding the requirements of paragraphs (E)(1) and (E)(2) of this rule, licensees who earn college credit in a health care related topic through an accredited academic institution may claim CE credit up to thirty-six hours per biennium. Licensees who claim academic credit to satisfy the requirement of 1.5 hours of ethics and/or professionalism must attest that the course topic includes an ethics and/or professionalism component.

(M) The board may grant a licensee CE credit for participating in educational programs that the board directs for licensees related to the consequences of disciplinary action.

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

(O) 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.

(P) 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.

(Q) 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 thirty days prior to the expiration of the license.

(R) 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 license shall be classified as forfeited. The license may be restored upon receipt of a complete license renewal application, five hundred dollar renewal fee and a one hundred fifty-dollar penalty fee, and proof of thirty-six CE hours earned in accordance with this chapter.

(S) If a check for license 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 five hundred dollars within ten days of the date of notification from the board. If the payment is not received postmarked before April first, the license shall be considered forfeited. The license may be restored upon receipt of a complete license renewal application, five hundred dollar renewal fee and a one hundred fifty-dollar penalty fee, and proof of thirty-six CE hours earned in accordance with this chapter.

(T) Failure to renew a license results in the forfeiture of the licensee's right to practice chiropractic in the state of Ohio as outlined in section 4734.25 of the Revised Code. The license may be restored in accordance with the provisions of rule 4734-7-05 of the Administrative Code.

(U) If the board proposes to refuse to renew a license for the licensee's failure to meet the license 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.

(V) 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: 03/14/2013
R.C. 119.032 review dates: 09/10/2012 and 03/14/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.25
Prior Effective Dates: 1/10/03, 11/15/07, 12/17/09, 4/1/10

4734-7-02 Standards for board-approved continuing education sponsors; continuing education held within the state of Ohio.

(A) This rule applies to CE programs held within the state of Ohio for continuing education credit. Such programs shall be sponsored by a board-approved continuing education sponsor and comply with the requirements outlined in this rule.

(B) Board-approved chiropractic educational institutions are granted "Ohio board-approved CE sponsor" status and as such are approved by the board to offer CE credit for license renewal within the state of Ohio so long as the program meets the requirements of this chapter. All other CE providers must apply to the board for "Ohio board-approved CE sponsor" status.

(C) To obtain approval as a board-approved CE sponsor, the sponsor shall submit a request for approval in writing to the board and include evidence that the sponsor is a non-profit association registered with the state of Ohio secretary of state, or an accredited academic health institution or hospital. The applicant's request for approval shall attest that all programs offered for Ohio CE credit will comply with the requirements of this rule.

(D) Chiropractic continuing education is defined as programs comprised of one or more of the following subjects: Clinical diagnosis and examination procedures; diagnostic imaging; neurology; electrodiagnostics; nutrition; public health, hygiene, sanitation; manipulation and adjusting procedures; physiological therapeutics; orthopedics; emergency procedures; principles and practice; philosophy; laboratory procedures; anatomy; physiology; acupuncture; rehabilitative procedures/exercise; ethics/boundaries; staff development and training; documentation; risk management; ethics/professionalism; laws and rules of the board; and other subjects related to the practice of chiropractic as deemed appropriate by the board.

(E) Acupuncture continuing education is defined as programs comprised of topics to enhance acupuncture professional competency.

(F) Requirements for programs:

(1) Programs shall be based upon scientific evidence generally accepted by the profession and be of academic and ethical quality to enhance professional knowledge, skills and ability;

(2) Objectives and expected outcomes shall be developed for participants to be used as a basis for determining content and learning experiences;

(3) Programs shall reflect appropriate didactic and clinical training for the subject matter. Teaching methods shall be appropriate to achieve the stated objective of the course and the time allotted shall be sufficient for participants to meet the stated objectives;

(4) Instructors shall be qualified by education and/or experience to provide instruction in the relevant subject matter. Programs that do not include a chiropractic physician as an instructor shall designate a chiropractic physician that shall be available during the program for consultation;

(5) Facilities and equipment shall be adequate for the program;

(6) An individual shall be designated to be responsible for each CE program offered;

(7) Appropriate attendance and/or monitoring procedures shall be utilized;

(8) Each attendee shall receive a certificate for each CE program completed . Such certificate must include the attendee's name, license number, program name, location, name of instructor, sponsor, dates, and hours achieved.

(G) Each program shall be registered with the board office at least thirty days prior to the date of the program. Any changes or cancellations of a program shall be immediately registered with the board and the sponsor shall immediately notify all program registrants of the change or cancellation.

(H) Board-approved CE sponsors shall notify the board of any substantive changes in the sponsor's ability to comply with this rule.

(I) A list of all attendees for each program conducted for Ohio CE credit shall be maintained by the sponsor and provided to the board within ten days of request.

(J) Each board-approved CE sponsor shall maintain CE attendance records for three years from the conclusion of the program.

(K) Instructors for CE programs shall not be required to apply for a temporary license when demonstrating techniques or procedures on a program participant providing that the instructor possesses valid liability coverage at the time of demonstration, fully explains the technique or procedure to the participant, discloses any potential risks, and obtains written informed consent prior to the demonstration. It shall be the CE sponsor's responsibility to ensure that the instructor is qualified to demonstrate the technique or procedure and possesses valid liability coverage at the time of demonstration. No instructor shall demonstrate any technique or procedure on a program participant without the full knowledge and consent of the board-approved CE sponsor.

(L) The following shall be included in all publication materials pertaining to courses offered for Ohio CE credit:

(1) Program title;

(2) Description of program content;

(3) Description of teaching method;

(4) Names of all instructors and their qualifications;

(5) Location, date, time, cost and contact information for registration;

(6) Refund and cancellation policy;

(7) Disclosure of any connection between the provider and/or instructor of any commercial relationships and/or any external entity giving financial support to the program;

(8) Number of credit hours offered . A credit hour is defined as one fifty minute hour;

(9) The term "Ohio board-approved CE sponsor."

(M) CE approval does not extend to individual courses or programs not specifically conducted for CE credit. The term "Ohio board-approved CE sponsor" shall only be included on promotional publications for programs offered for license renewal credit. Programs held within the state of Ohio that are not offered for continuing education credit shall not include the term "Ohio board-approved CE sponsor" nor any other terms or statements that could mislead a licensee to believe the program may be attended for continuing education credit.

(N) The approval of a program by the federation of chiropractic licensing boards or other contracted agency shall be considered prima facie evidence that the program satisfies the standards for CE programs as set forth in this chapter but shall not be considered conclusive.

(O) A representative of the board may audit any CE program registered for license renewal credit in order to verify the content of the program and ensure compliance with the board's CE rules at no charge to the board or board representative.

(P) The board may request documentation from a board-approved CE sponsor for any program registered for license renewal credit to ensure compliance with this rule.

(Q) Non-compliance. If the board determines that any board approved CE sponsor is in violation of this rule or Chapter 4734-7 of the Administrative Code, the board may:

(1) Issue a written warning to the sponsor;

(2) Subject the sponsor to a probationary period wherein the sponsor shall be required to submit program materials to the board office for review and approval;

(3) Remove "board approved CE sponsor" status for a specific time period up to and including permanently;

(4) If the board approved CE sponsor is a board approved chiropractic educational institution, the board may also propose to revoke approval of the institution in accordance with rule 4734-5-06 of the Administrative Code.

Effective: 02/18/2013
R.C. 119.032 review dates: 09/10/2012 and 02/18/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.25 , 4734.284
Prior Effective Dates: 1/10/03, 8/1/07, 11/15/07, 4/5/09, 4/1/10

4734-7-03 Continuing education offered outside the state of Ohio and via electronic learning.

(A) This rule applies to CE programs held outside the state of Ohio and to programs offered via electronic learning for continuing education credit. Such programs shall be provided by a board-approved chiropractic educational institution, non-profit association, accredited academic health institution or hospital and comply with the requirements outlined in this rule.

(B) Chiropractic continuing education is defined as programs comprised of one or more of the following subjects: Clinical diagnosis and examination procedures; diagnostic imaging; neurology; electrodiangostics; nutrition; public health, hygiene, sanitation; manipulation and adjusting procedures; physiological therapeutics; orthopedics; emergency procedures; principles and practice; philosophy; laboratory procedures; anatomy; physiology; acupuncture; rehabilitative procedures/exercise; ethics/boundaries; staff development and training; documentation; risk management; ethics/professionalism; laws and rules of the board; and other subjects related to the practice of chiropractic as deemed appropriate by the Board. Programs shall be based upon scientific evidence generally accepted by the profession and be of academic and ethical quality to enhance professional knowledge, skills and ability.

(C) Acupuncture continuing education is defined as programs comprised of topics to enhance acupuncture professional competency.

(D) 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.

(E) Requirements for out of state and electronic learning programs:

(1) Programs shall be based upon scientific evidence generally accepted by the profession and be of academic and ethical quality to enhance professional knowledge, skills and ability;

(2) Objectives and expected outcomes shall be developed for participants to be used as a basis for determining content and learnng experiences;

(3) Programs shall reflect appropriate didactic and clinical training for the subject matter. Teaching methods shall be appropriate to achieve the stated objective of the course and the time allotted shall be sufficient for participants to meet the state objectives;

(4) Instructors shall be qualified by education and/or experience to provide instruction in the relevant subject matter;

(5) Appropriate attendance and/or monitoring procedures shall be utilized.

(F) Out of state and electronic learning CE providers shall provide participants with a certificate for each CE program completed that indicates the name of the participant, name of the sponsor and date and number of hours attained.

(G) Programs offered outside the state of Ohio and via electronic learning do not require approval or registration with the board.

(H) The approval of a program by the federation of chiropractic licensing boards or other contracted agency shall be considered prima facie evidence that the program satisfies the standards for CE programs as set forth in this chapter but shall not be considered conclusive.

Effective: 02/18/2013
R.C. 119.032 review dates: 09/10/2012 and 02/18/2018
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.25 , 4734.284
Prior Effective Dates: 1/10/03, 11/15/07, 12/17/09, 4/1/10

4734-7-04 Inactive chiropractic license; restoration of chiropractic license.

(A) Any current licensee may place their chiropractic license on inactive status in accordance with the provisions of section 4734.26 of the Revised Code if the license 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 license may apply to have such license restored on board prescribed forms and provide all information necessary to process the application for restoration.

(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 five hundred dollars made payable to the treasurer, state of Ohio and submit evidence of earning thirty-six hours of CE which shall include 1.5 hours of ethics and/or professionalism. Such CE credit shall be earned in accordance with the provisions of this chapter 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 two hundred fifty dollars made payable to the treasurer, state of Ohio and submit evidence of earning eighteen hours of CE which shall include 1.5 hours of ethics and/or professionalism. Such CE credit shall be earned in accordance with the provisions of this chapter 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 license period and may impose any of the terms and conditions for restoration outlined in division (B) of section 4734.26 of the Revised Code. Said terms and conditions may include requiring the applicant to take and pass the "Special Purposes Examination for Chiropractic" offered by the national board of chiropractic examiners.

(D) The board may refuse or deny an applicant for restoration of his or her inactive license if the applicant does not meet the requirements as outlined in this chapter or section 4734.26 of the Revised Code or has committed any act which indicates that the applicant does not possess the character and fitness to practice chiropractic, 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 licensure 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: 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: 4734.26 , 4734.286 , 4734.31
Prior Effective Dates: 1/10/03, 11/15/07, 4/1/10

4734-7-05 Forfeiture of chiropractic license; restoration of chiropractic license.

(A) Licenses that are not renewed or placed inactive before April first of each even-numbered year shall be considered forfeited.

(B) A chiropractic physician holding a forfeited license may apply to have such license reinstated on board prescribed forms and provide all information necessary to process the application for reinstatement.

(1) If an application for reinstatement is received before the first day of the second year of the CE period, the applicant shall submit a non-refundable renewal fee of five hundred dollars and a one hundred fifty dollar penalty fee made payable to the treasurer, state of Ohio and submit evidence of earning thirty-six hours of CE which shall include 1.5 hours of ethics and/or professionalism. Such CE credit shall be earned in accordance with the provisions of this Chapter and attained within the twenty-four months immediately preceding the date of the application for restoration.

(2) If an application for reinstatement is received on or after the first day of the second year of the CE period, the applicant shall submit a non-refundable renewal fee of two hundred fifty dollars and a one hundred fifty dollar penalty fee made payable to the treasurer, state of Ohio and submit evidence of earning eighteen hours of CE which shall include 1.5 hours of ethics and/or professionalism. Such CE credit shall be earned in accordance with the provisions of this Chapter and attained within the twenty-four months immediately preceding the date of the application for restoration.

(C) If an individual's license has been forfeited for two years or more, the board may require as a condition for reinstatement that the applicant complete training or testing which may include passage of the "Special Purposes Examination for Chiropractic" offered by the national board of chiropractic examiners.

(D) The board may refuse or deny an applicant for reinstatement of his or her forfeited license if the applicant does not meet the requirements as outlined in this chapter or section 4734.25 of the Revised Code or has committed any act which indicates that the applicant does not possess the character and fitness to practice chiropractic, 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 licensure reinstatement 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: 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: 4734.25
Prior Effective Dates: 1/10/03, 4/1/10, 10/18/10