Chapter 4734-7 License Renewal and Restoration

4734-7-01 Renewal requirements.

(A) General renewal requirements.

(1) All continuing education (CE) earned for renewal shall meet the requirements outlined in rule 4734-7-02 of the Administrative Code.

(2) Individuals licensed during the current CE reporting period shall be exempt from earning CE credit during the earning period of their initial licensure.

(3) At least sixty days prior to the expiration of a license or certificate, the board shall notify every licensee to whom a license or certificate was issued or reinstated during the current biennial period. Failure to receive the board's notification of renewal shall not exonerate the licensee from the board's renewal requirements.

(4) Renewal shall be made in the manner prescribed by the board and each licensee shall complete the applicable renewal application(s) and supply all information necessary to process the renewal.

(5) 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.

(6) If the board proposes to refuse to renew a license or to discipline a licensee for failure to meet the renewal requirements and/or for failure to comply with the CE 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.

(B) Chiropractic license renewal.

(1) Each chiropractic physician who receives a license to practice chiropractic shall thereafter apply for renewal of the license on a biennial basis and pay a non-refundable five hundred dollar renewal fee made payable to the treasurer, state of Ohio on or before the renewal deadline of March thirty-first of each even numbered year.

(2) Except for those licensees simultaneously renewing an acupuncture certificate in accordance with paragraph (C) of this rule, each licensee who is only renewing a chiropractic license shall attest on the application for renewal to having earned the following CE hours:

(a) Thirty-four hours of chiropractic CE as defined in paragraph (B)(3) of rule 4734-7-02 of the Administrative Code;

(b) Two hours of board mandated CE as defined in paragraph (B)(5) of rule 4734-7-02 of the Administrative Code.

(3) Any current licensee may place his or her chiropractic license on inactive status on or before the license renewal deadline if the license is in good standing and the licensee is not under disciplinary review pursuant to section 4734.31 of the Revised Code. The effective date of the inactive status shall be the date reflected in the board's official record. The license may be restored in accordance with the provisions of section 4734.26 of the Revised Code and rule 4734-7-04 of the Administrative Code.

(4) Failure to renew a chiropractic license on or before March thirty-first of each even numbered year results in forfeiture of the licensee's right to practice chiropractic as outlined in section 4734.25 of the Revised Code. The license may be reinstated in accordance with the provisions outlined in section 4734.25 of the Revised Code and rule 4734-7-05 of the Administrative Code.

(C) Acupuncture certificate renewal.

(1) Each chiropractic physician who receives a certificate to practice acupuncture shall thereafter apply for renewal of the certificate on a biennial basis and pay a non-refundable one hundred dollar renewal fee made payable to the treasurer, state of Ohio on or before the renewal deadline of March thirty-first of each even numbered year.

(2) No acupuncture certificate shall be renewed unless the individual's chiropractic license is likewise renewed.

(3) Each licensee shall attest on the application for renewal to having earned the following CE hours:

(a) Twenty-two hours of chiropractic CE as defined in paragraph (B)(3) of rule 4734-7-02 of the Administrative Code;

(b) Twelve hours of acupuncture CE as defined in paragraph (B)(4) of rule 4734-7-02 of the Administrative Code;

(c) Two hours of board mandated CE as defined in paragraph (B)(5) of rule 4734-7-02 of the Administrative Code.

(4) Any current licensee may place his or her acupuncture certificate on inactive status if the certificate is in good standing and not under disciplinary review. The effective date of the inactive status shall be the date reflected in the board's official record. The certificate may be restored in accordance with the provisions of section 4734.286 of the Revised Code and rule 4734-10-06 of the Administrative Code.

(5) Failure to renew an acupuncture certificate results in the certificate being placed on inactive status. The certificate may be restored in accordance with the provisions of section 4734.286 of the Revised Code and rule 4734-10-06 of the Administrative Code.

(D) Licensee responsibilities.

(1) Each licensee shall ensure that each CE program earned for renewal meets the requirements outlined in rule 4734-7-02 of the Administrative Code;

(2) Each licensee shall earn CE in the two year period beginning April first of each even numbered year;

(3) Licensees shall not claim CE credit for a program more than once per renewal biennium;

(4) Licensees shall not carry forward or retroactively apply CE to any other CE earning period;

(5) Licensees shall earn interactive online CE programs one at a time and shall not open or complete multiple programs simultaneously;

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

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

(E) CE exceptions.

(1) Proctors of the national board of chiropractic examiners part four practical examination may claim the hours, as applicable, toward their chiropractic CE requirement. The licensee is not exempt from earning two hours of board mandated CE.

(2) Instructors of programs offered for CE credit that meet the requirements of rule 4734-7-02 of the Administrative Code may claim the hours, as applicable, toward their chiropractic CE, acupuncture CE and/or board mandated CE requirement. CE credit shall not be claimed for teaching the same program more than once.

(3) Licensees who earn college credit in three hundred level courses or above in a health care related topic through a college or university accredited by an accrediting agency recognized by the United States department of education may claim the hours, as applicable, toward their chiropractic or acupuncture CE requirement. The licensee is not exempt from earning two hours of board mandated CE.

(4) Licensees who teach three hundred level courses or above in a health care related topic at a college or university accredited by an accrediting agency recognized by the United States department of education may claim the hours, as applicable, toward their chiropractic or acupuncture CE requirement. The licensee is not exempt from earning two hours of board mandated CE.

(5) Licensees who author research papers published in recognized chiropractic or medical journals may claim, as applicable, chiropractic CE and/or acupuncture CE toward their renewal requirement. The licensee is not exempt from earning two hours of board mandated CE.

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

Replaces: 4734-7-01, 4734-10-04

Effective: 4/1/2016
Five Year Review (FYR) Dates: 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 4734.10, 4734.25, 4734.284
Rule Amplifies: 4734.25, 4734.284
Prior Effective Dates: 1/10/03, 11/15/07, 12/17/09, 4/1/10, 12/1/12, 3/14/13

4734-7-02 Standards and requirements for continuing education.

(A) It is the responsibility of each licensee to ensure that programs earned for continuing education (CE) credit meet the requirements of this rule.

(B) Definitions

(1) CE, other than online CE, is defined as programs at which attendees interact with the instructor and the instructor can speak directly with the participants. A program may be conducted via teleconference so long as the instructor can speak directly with and interact with attendees.

(2) Online CE is defined as interactive online learning in which the user registers, logs in, and is tracked and timed in a database where all aspects of attendance is monitored.

(3) Chiropractic CE is defined as programs comprised of one or more of the following subjects: acupuncture; chiropractic philosophy and history; clinical diagnosis and examination procedures; diagnostic imaging; clinical documentation; electrodiagnostics; emergency procedures; laboratory procedures; manipulation and adjusting procedures; neurology; nutrition; orthopedics; physiological therapeutics; principles and practice of chiropractic; professional boundaries; public health, hygiene, sanitation; rehabilitative procedures/exercise; and other subjects related to the practice of chiropractic as deemed appropriate by the board.

(4) Acupuncture CE is defined as programs comprised of topics to enhance acupuncture education and competency.

(5) Board mandated CE is defined as programs on the topics of: ethics and professionalism; human trafficking awareness; and/or laws and rules of the board.

(6) CE hour is defined as a minimum of fifty minutes of CE activity and shall not include time for meals or breaks.

(C) General requirements for all CE programs

(1) The program shall have significant intellectual or practical content and the primary objective of the program shall be to improve the licensee's professional competence;

(2) Programs shall consist of topics of clinical benefit to consumers;

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

(4) The program shall be presented in a setting suited to the educational activity of the program;

(5) The program shall be based upon scientific evidence generally accepted by the profession.

(D) Requirements for online CE

(1) The program shall have a mechanism to ensure that users view each page of the program;

(2) The program shall ensure the user has earned all of the time required for the program;

(3) The program shall have a mechanism in place for the user to be able to contact the provider regarding questions about the CE activity;

(4) The program shall include a mechanism to evaluate the user's knowledge of the subject matter contained in the CE activity;

(5) The program shall provide a printed verification or allow the user to print verification only upon completion of the CE activity;

(6) The program shall ensure that users have earned all of the time required within the program before completing the program;

(7) The program shall ensure that course time cannot be earned away from the program and shall ensure automatic logout if the keyboard becomes unattended;

(8) Programs shall be earned one at a time. The program shall not grant CE credit for multiple windows or programs completed simultaneously.

(E) Prohibited CE

(1) Topics related to: billing and coding in relation to upcoding or enhanced billing and/or coding techniques; risk management; malpractice defense; practice management; programs wherein promotion of a product or service is the principle purpose of the program; strategies to increase reimbursement; motivational programs; legal courses; professional organizational business meetings; speeches; and practice building;

(2) Authoring articles;

(3) Programs conducted via CD; DVD; audio programs; reading books, articles, or journals; home study courses; correspondence courses; and other mechanisms of self-instruction not defined in this rule.

(F) Licensees who take the board's online laws and rules CE program and pass an assessment shall be granted one hour of board mandated CE credit.

(G) Instructors for CE programs conducted in Ohio shall not be required to apply for a temporary license when demonstrating techniques or procedures on a program participant, provided that the instructor:

(1) Possesses a current, valid and unrestricted chiropractic license in another state or country;

(2) Possesses valid liability coverage at the time of demonstration;

(3) Fully explains the technique or procedure to the participant;

(4) Discloses any potential risks, and;

(5) Obtains written informed consent from the program participant prior to the demonstration.

Replaces: 4734-7-02, 47347-03, 4734-10-04

Effective: 4/1/2016
Five Year Review (FYR) Dates: 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 4734.10, 4734.25, 4734.284
Rule Amplifies: 4734.25, 4734.284
Prior Effective Dates: 1/10/03, 8/1/07, 11/15/07, 4/5/09, 12/17/09, 4/1/10, 10/18/10, 12/1/12, 2/18/13

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

Effective: 4/1/2016
Five Year Review (FYR) Dates: 11/10/2015
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, 2/18/13

4734-7-04 Restoration of inactive chiropractic license.

(A) A chiropractic physician holding an inactive license may apply to have the license restored in the manner prescribed by the board and shall complete the application and supply 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 thirty-six hours of CE earned in accordance with the provisions of rule 4734-7-01 of the Administrative Code 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 eighteen hours of CE earned in accordance with the provisions of rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of the application for restoration. The eighteen CE hours submitted shall include two hours of board mandated CE.

(B) 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.

(C) 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.

(D) 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: 4/1/2016
Five Year Review (FYR) Dates: 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, 12/1/12

4734-7-05 Reinstatement of forfeited chiropractic license.

(A) A chiropractic physician holding a forfeited license may apply to have the license reinstated in the manner prescribed by the board and shall complete the application and supply 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 payment of five hundred dollars and a one hundred fifty dollar penalty fee made payable to the treasurer, state of Ohio and submit evidence of thirty-six hours of CE earned in accordance with the provisions of rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of the application for reinstatement.

(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 payment 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 eighteen hours of CE earned in accordance with the provisions of rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of the application for reinstatement.The eighteen CE hours submitted shall include two hours of board mandated CE.

(B) 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.

(C) 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.

(D) 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: 4/1/2016
Five Year Review (FYR) Dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10, 4734.25
Rule Amplifies: 4734.25
Prior Effective Dates: 1/10/03, 4/1/10, 10/18/10, 12/1/12