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 to the board for renewal of such license on an annual basis and pay a non-refundable two hundred fifty-dollar renewal fee made payable to the treasurer, state of Ohio on or before the first day of January of each succeeding year. Such renewal shall be made on forms prescribed by the board.

(B) Each licensee shall attest on the annual application for license renewal to having achieved twenty-four hours of continuing education within the current renewal period. Each licensee shall have completed a minimum of twelve hours in category 1 and/or 2. All of the twenty-four hours of required continuing education credit may be earned in category 1 and/or 2. A maximum of twelve hours of continuing education credit may be earned in category 3. All continuing education credit earned shall be in accordance with rule 4734-7-02 of the Administrative Code. Each licensee shall be responsible for ascertaining from the continuing education sponsor or cosponsor the categorization of a program.

(C) At least sixty days prior to the annual expiration of a chiropractic license, the executive director shall send notice and application for renewal via ordinary mail to every licensee for whom a license was issued or renewed during the current license year. Such notice and application shall be mailed to the business or residence address of record as reported by the licensee.

(D) It is the licensee’s responsibility to contact the board to obtain a license renewal application if the licensee fails to receive a renewal application from the board due to a change of address, incorrect address, loss of mail by the united states postal service, or any other reason. Failure to receive or obtain a license renewal application shall not exonerate the licensee from the board’s license renewal requirements.

(E) The licensee shall complete the license renewal application and supply all information necessary to process the application. Such application and non-refundable two hundred fifty-dollar renewal fee made payable to the treasurer, state of Ohio shall be filed with the board postmarked no later than January first of each year.

(F) Any incomplete renewal will be returned to the licensee with a statement from the board indicating the reason for such return. If such renewal is not received postmarked by January first, the license shall be considered forfeited. The license may be restored upon receipt of the two hundred and fifty-dollar renewal fee and a one hundred fifty-dollar penalty fee made payable to the treasurer, state of Ohio.

(G) If a check for license renewal is returned for insufficient funds, the board shall notify the licensee promptly. The licensee must submit a certified check or money order in the amount of two hundred and fifty dollars within ten days of the date of notification from the board. If such payment is not received postmarked by January first, the license shall be considered forfeited. The license may be restored upon receipt of the two hundred and fifty-dollar renewal fee and a one hundred fifty-dollar penalty fee.

(H) 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.

Effective: 11/15/2007

R.C. 119.032 review dates: 08/20/2007 and 11/15/2012

Promulgated Under: 119.03

Statutory Authority: 4734.10

Rule Amplifies: 4734.25

Prior Effective Dates: 1/10/2003

4734-7-02 Application and requirements for approval of continuing education programs.

(A) Category 1 continuing education: A rigorous clinical or core curriculum program that includes an assessment of each participant’s knowledge gained from the program.

(B) Category 2 continuing education: A rigorous clinical or core curriculum program.

(C) All category 1 and 2 continuing education programs must be approved by the board and meet the following requirements, unless the program complies with paragraph (K) of this rule:

(1) The program shall be held within the state of Ohio;

(2) The program shall be of academic and ethical quality and enhance professional growth and competence, as determined by the board;

(3) Chiropractic programs shall be sponsored by a board-approved chiropractic educational institution, a non-profit chiropractic association registered with the state of Ohio secretary of state, or an accredited academic health institution or hospital;. Acupuncture programs shall be sponsored by an entity that administers a course of study approved under section 4734.211 of the Revised Code;

(4) Chiropractic programs shall be at least six-hour increments of instruction consisting of a minimum of forty-five minutes per hour of instruction;. Acupuncture programs shall be at least two hour increments of instruction consisting of a minimum of forty-five minutes per hour of instruction;

(5) Instructors for continuing education programs sponsored by a board-approved chiropractic educational institution or an accredited academic health institution or hospital shall be faculty members of the institution or, if sponsored by a non-profit chiropractic association, shall be subject to board approval;

(6) Instructors of continuing education programs who possess a professional degree for which the state of Ohio issues a license, shall have a valid license in good standing from a state licensing authority in the United States for that profession. Instructors with no professional degree or a professional degree or background for which the state of Ohio does not require licensure are subject to board approval;

(7) Instructors shall demonstrate expertise in the subject of the program;

(8) Participation in the program must be certified;

(9) The program shall be completed in person by both the licensee and program instructor(s).

(D) Instructors of category 1 and 2 programs who intend to practice chiropractic in the state of Ohio as part of their continuing education program shall obtain a temporary license to practice chiropractic in the state of Ohio in accordance with rule 4734-6-03 of the Administrative Code.

(E) Applications for approval of category 1 and 2 continuing education programs shall be made on forms prescribed by the board. All applications for continuing education approval shall be submitted to the board postmarked no later than forty-five days prior to the date of the program and shall include two copies of the following:

(1) Application for approval of continuing education;

(2) Application for approval of instructor;

(3) Syllabus of the program;

(4) Vitae(s) of all instructor(s) or speaker(s);

(5) Verification of the instructor’s faculty status, sent directly from the sponsoring educational institution;

(6) Promotional brochures for the program or samples of any such brochures;

(7) Other information or materials as deemed appropriate by the board.

(F) The sponsor shall designate on the application for continuing education approval the specific category of continuing education for which the application is submitted. The board may grant continuing education credit in a different category other than the category requested by the applicant if deemed appropriate.

(G) Each category 1 and 2 program submitted for chiropractic continuing education approval shall consist of one or more of the following subjects:

(1) Clinical diagnosis and examination procedures;

(2) Diagnostic imaging;

(3) Neurology;

(4) Nutrition;

(5) Public health, hygiene, sanitation;

(6) Manipulation and adjusting procedures;

(7) Physiological therapeutics;

(8) Orthopedics;

(9) Emergency procedures;

(10) Principles and practice and/or philosophy;

(11) Laboratory procedures;

(12) Anatomy;

(13) Physiology;

(14) Rehabilitative procedures/exercise;

(15) Ethics and/or boundary issues;

(16) Staff development and training;

(17) Proper documentation procedures;

(18) Risk management;

(19) Laws and rules of the board;

(20) Other subjects related to the practice of chiropractic as deemed appropriate by the board.

(H) Each category 1 and 2 program submitted for acupuncture continuing education approval shall consist of topics pertaining to acupuncture.

(I) Category 3 continuing education: a program that is healthcare related and enhances the professional competency of a chiropractic physician.

(J) Category 3 continuing education programs do not require the board’s prior approval and may or may not be held within the state of Ohio. Category 3 programs shall be sponsored by a board-approved chiropractic educational institution, a chiropractic organization, an accredited academic health institution or hospital, or other bona fide health care organization. Category 3 programs shall be held in at least one-hour increments of instruction. Category 3 programs may be completed via: electronic educational programs; journals or publications; or seminars/conferences.

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

(L) A representative of the board may audit any continuing education program in order to verify the content of the program and ensure compliance with the board’s continuing education rules at no charge to the board representative.

(M) The board may award continuing education hours for activities sponsored by the board.

(N) The sponsor of an approved program shall ensure appropriate attendance and/or monitoring procedures. Each attendee shall receive from the sponsor a certificate for each category 1 and 2 continuing education program completed. Such certificate must include the attendee’s name, license number, program name, course location, program instructor, program sponsor, dates, and hours achieved and shall be issued within fifteen days of the conclusion of the program. If the seminar is held in the month of December, such certificate shall be issued at the conclusion of the program. The sponsor of an approved program shall maintain attendance records for four years from the conclusion of the program.

(O) Within fifteen days of the completion of an approved program, the sponsor or cosponsor shall submit in writing to the board office a list of all attendees. Such list shall include each attendee’s name, license number, program name, course location, program instructor, program sponsor, dates, and hours earned.

(P) Approved continuing education programs to be held in December shall not be canceled later than one hundred twenty days prior to the date of the scheduled program for any reason.

Effective: 11/15/2007

R.C. 119.032 review dates: 08/20/2007 and 11/15/2012

Promulgated Under: 119.03

Statutory Authority: 4734.10

Rule Amplifies: 4734.25, 4734.284

Prior Effective Dates: 1/10/2003, 8/1/2007

4734-7-03 Continuing education.

(A) Written verification issued by the sponsoring entity of earned continuing education credit from categories 1 and/or 2 must be retained for no less than three full years. Such written verification shall include the licensee’s name, license number, program name, program instructor, program sponsor, dates, and hours completed.

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

(C) Licensees shall not destroy, alter, or otherwise make unavailable documentation of continuing education and shall produce such documentation upon demand.

(D) Failure to maintain continuing education records rebuts the presumption that the required continuing education hours were met.

(E) Licensees who received their initial license to practice chiropractic in Ohio the same year they were awarded their doctor of chiropractic degree are not required to meet the chiropractic continuing education requirements for the remainder of that calendar year. Such licensees shall be required to meet all other aspects of the license renewal process in accordance with section 4734.25 of the Revised Code.

(F) Licensees acting as associate examiners for the “National Board of Chiropractic Examiners” may receive a maximum of twenty-four hours per year of chiropractic continuing education credit in category 2.

(G) Licensees teaching board-approved continuing education programs may be granted the number of hours in the category they taught. Such requests for approval shall be submitted to the board in writing no less than thirty days prior to the date of the program. Subsequent years’ license renewal requirements shall not be met in whole or in part by instruction of the same course.

(H) Licensees holding a current Ohio license, but not residing or practicing in Ohio, may achieve all of their continuing education credit outside of the state of Ohio. All continuing education credit achieved must comply with the requirements outlined in this chapter.

(I) A waiver, extension, or reduction of continuing education hours may be granted to those licensees who establish that an illness, disability, or other good cause shown, affected a reasonable opportunity that precluded them from participating in continuing education activities. All requests for a waiver, extension, or reduction of continuing education hours must be made to the board in writing no less than thirty days prior to the expiration of the license.

(J) Upon receipt of the renewal fee and acceptance of the renewal application, proof of renewal shall be mailed to the licensee no later than thirty days after acceptance. A request for duplicate or replacement proof of renewal shall be made to the board in writing.

(K) If the board proposes to refuse to renew a chiropractic license and/or acupuncture certificate 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.

(L) If after an audit is conducted, the board proposes to discipline a licensee for failure to meet the renewal requirements outlined in paragraph (A) of rule 4734-7-03 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.

Effective: 11/15/2007

R.C. 119.032 review dates: 08/20/2007 and 11/15/2012

Promulgated Under: 119.03

Statutory Authority: 4734.10, 4734.25

Rule Amplifies: 4734.25, 4734.31, 4734.284

Prior Effective Dates: 1/10/2003

4734-7-04 Inactive license; restoration of 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 licensee also holds a current certificate to practice acupuncture, said certificate shall also be placed on inactive status.

(B) Any current licensee may place their acupuncture certificate on inactive status in accordance with the provisions of section 4734.286 of the Revised Code. The licensee is not required to place his or her chiropractic license on inactive status if the licensee solely wishes to inactivate his or her acupuncture certificate. Acupuncture certificates that are not renewed or placed inactive by January first of each biennial year shall be considered inactive.

(C) A chiropractic physician holding an inactive chiropractic license and/or certificate to practice acupuncture may apply to have such license and/or certificate restored on board prescribed forms by providing all information necessary to process the application for restoration. The chiropractic license and/or acupuncture certificate may be restored upon filing a complete application, payment of athe appropriate non-refundable, renewal fee made payable to the treasurer, state of Ohio, and submission of evidence of attaining the required hours of continuing education. Proof of continuing education submitted to restore a chiropractic license must have been attained within the twelve months immediately preceding the date of the application for restoration. Proof of continuing education submitted to restore an acupuncture certificate must have been attained within the twenty-four months immediately preceding the date of the application for restoration.

(D) The board may consider the length of inactivity of an applicant for restoration of a chiropractic license and/or an acupuncture certificate, and in accordance with the standards for issuance of a license established under section 4734.20 of the Revised Code, the moral character and activities of the applicant during the inactive time period. The board may impose terms and conditions on restoration of a chiropractic license and/or acupuncture certificate as outlined in section 4734.26 of the Revised Code for a chiropractic license and in accordance with section 4734.286 of the Revised Code for an acupuncture certificate. The board may require an applicant for restoration of a chiropractic license to take and pass the “Special Purposes Examination for Chiropractic” offered by the national board of chiropractic examiners.

(E) Each chiropractic physician who applies for restoration of an inactive chiropractic license and/or acupuncture certificate shall sign an affidavit under oath acknowledging that they have fully reviewed and understand and will abide by Chapter 4734. of the Revised Code and agency-level 4734 of the Administrative Code.

(F) The board may refuse or deny an applicant for restoration of his or her inactive chiropractic license and/or acupuncture certificate if the applicant does not meet the requirements as outlined in rule 4734-7-03 of the Administrative Code or section 4734.26 of the Revised Code, or, if applicable, section 4734.284 of the Revised Code, or has committed any act which indicates that the applicant does not possess the character and fitness to practice chiropractic, and/or 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 and/or certificate restoration.

(G) Any applicant that the board proposes to refuse or deny 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: 11/15/2007

R.C. 119.032 review dates: 08/20/2007 and 11/15/2012

Promulgated Under: 119.03

Statutory Authority: 4734.10

Rule Amplifies: 4734.26, 4734.31, 4734.286

Prior Effective Dates: 1/10/2003

4734-7-05 Forfeiture of license; restoration.

(A) Licenses that are not renewed or placed inactive by January first of each year shall be considered forfeited.

(B) A chiropractic physician holding a forfeited license for two years or fewer may apply to have such license reinstated on board prescribed forms providing all information necessary to process the application for reinstatement. The license may be reinstated upon filing a complete application, payment of a non-refundable, two hundred fifty-dollar renewal fee and a one hundred fifty-dollar penalty fee made payable to the treasurer, state of Ohio, and submission of evidence of attaining twenty-four hours of continuing education as outlined in rule 4734-7-03 of the Administrative Code. Such continuing education must have been attained within the twelve months immediately preceding the date of the application for reinstatement.

(C) The board may require a chiropractic physician holding a forfeited license for greater than two years to complete training or testing which may include passage of the “Special Purposes Examination for Chiropractic” offered by the national board of chiropractic examiners.

(D) Each chiropractic physician who applies for restoration of a forfeited license shall sign an affidavit under oath acknowledging that they have fully reviewed and understand and will abide by Chapter 4734. of the Revised Code and agency-level 4734 of the Administrative Code.

(E) 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 rule 4734-7-03 of the Administrative Code 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.

(F) 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.

R.C. 119.032 review dates: 04/23/2008 and 04/23/2013

Promulgated Under: 119.03

Statutory Authority: 4734.10

Rule Amplifies: 4734.25

Prior Effective Dates: 1/10/2003