Chapter 4753-1 General Provisions

4753-1-01 Procedure for adoption of rules.

(A) Prior to adoption, amendment, or recession of a rule, except an emergency rule, the Ohio board of speech-language pathology and audiology shall give public notice thereof, at least thirty days prior to the date set for public hearing by:

(1) Publishing notice on the 'Register of Ohio' at the Ohio legislative services commission.

(2) Mailing notice to any other person or organization that has filed a request for such notice within the previous three years.

(3) Posting the notice on the board's website at www.slpaud.ohio.gov

(B) The notice shall include all of the following:

(1) A statement of the board's intention to consider adopting, amending, or rescinding a rule;

(2) A synopsis of the proposed rule, amendment, or rescission or a general statement of the subject to which such rule relates;

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule;

(4) The date, time, and place of the public hearing;

(5) A statement that copies of the proposed rule, amendment, or recession are available, without charge, from the board's office;

(6) A statement that the public may offer comments on the proposed rule, amendment, or rescission in a letter or in person at the public hearing.

R.C. 119.032 review dates: 08/09/2011 and 08/09/2016
Promulgated Under: 119.03
Statutory Authority: 4753.05
Rule Amplifies: 119.03
Prior Effective Dates: 4/24/06

4753-1-02 Method of determining time and place of meetings.

(A) Any person may obtain the time and place of all regularly scheduled board, committee, and subcommittee meetings and the time, place, and purpose of all special meetings by:

(1) Contacting the board of speech-language pathology and audiology in writing at its business address, 77 S. High Street, 16th floor, Columbus, Ohio 43215, or by electronic means;

(2) Calling the board of speech-language pathology and audiology at its business office at (614) 466-3145 during normal business hours; or

(3) Consulting the posting located at the business address of the board of speech-language pathology and audiology or on the board's website, .www.slpaud.ohio.gov.

(B) A representative of the news media may obtain notice of all special or emergency meetings of the board, committees, or subcommittees by annually requesting in writing that such notice be provided.

(1) The request must provide the name of the individual to be contacted, his/her mailing address, a maximum of two telephone numbers where it is reasonable to expect that a phone message will be communicated to the individual, and the individual's electronic means address.

(2) The executive director shall maintain a list of all news media representatives requesting notice of special meetings.

(3) Notice of special meetings shall be provided to such media representative via mail, telephone or electronic means at least twenty-four hours prior to the special meeting. Notice of emergency meetings shall be provided to such media representative via telephone or electronic means as soon as possible.

(4) Notice given by mail shall be complete upon mailing. Notice given by telephone shall be complete upon leaving a message containing the meeting information or if after reasonable effort the board has been unable to leave a message. Notice given by electronic means is complete upon the message being sent by the board.

(C) The board shall maintain a list of all persons who request, in writing, notice of board, committee, or subcommittee meetings at which specific subject matters designated by the person are scheduled to be discussed. The request must provide the name of the individual to be contacted, his/her mailing address, his/her electronic means address, and the specific subject matter designated. The board shall, no later than five days prior to the meeting, send by mail or electronic mail an agenda of the meeting to those persons.

R.C. 119.032 review dates: 08/09/2011 and 08/09/2016
Promulgated Under: 119.03
Statutory Authority: 4753.05
Rule Amplifies: 121.22
Prior Effective Dates: 04/24/2006

4753-1-03 Business filing.

(A) Pursuant to division (A) of section 4753.12 of the Revised Code, an entity may provide speech-language pathology or audiology services without licensure if it employs or contracts individuals in the direct practice of speech-language pathology or audiology, in accordance with Chapter 4753. of the Revised Code and Administrative Code. Such entity, through its designated agent, no later than March first of each even numbered year, at the discretion of the board, shall submit a business filing with the board containing the following information: a statement swearing that it submits itself to the rules of the board and the provisions of Chapter 4753. of the Revised Code and the Administrative Code, and a list of all names, and addresses under which the entity provides speech-language pathology and audiology services and the names, license numbers, and home addresses of all individuals engaging in the direct practice of speech-language pathology and audiology as officers, agents or employees of the entity during the previous calendar year.

(B) The business filing shall be submitted on the form approved by the board for this purpose and shall be verified by the notarized signature and title of the individual filing the statement on behalf of the entity.

(C) An individual licensed pursuant to Chapter 4731. of the Revised Code who employs or contracts individuals in the direct practice of speech-language pathology or audiology is not required to submit a business filing. Medical entities, including but not limited to, hospitals, clinics, medical partnerships, medical corporations, speech-language pathology and audiology contracting agencies, which employ or contract individuals in the direct practice of speech-language pathology or audiology, are required to submit a business filing.

R.C. 119.032 review dates: 08/09/2011 and 08/09/2016
Promulgated Under: 119.03
Statutory Authority: 4753.05
Rule Amplifies: 4753.12
Prior Effective Dates: 05/05/1986, 09/10/1994, 07/19/1998, 09/01/2003

4753-1-04 Personal information systems.

(A) The board of speech-language pathology and audiology shall appoint one employee to be directly responsible for the custody and security of each personal information system maintained by the board. Said employee shall:

(1) Inform all employees who have any responsibility for the operation or maintenance of said system or the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and rules adopted thereunder; and

(2) Inform all persons requested to supply personal information for a system whether or not he/she is legally required to provide such information; and

(3) Restrict the collection, maintenance and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statute, ordinance, code or rule; and

(4) Provide a person, who is asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of the other agencies or organizations that have access to the information in the system; and

(5) Allow a person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and verification that the person requesting access to the record is the subject of information contained in the system, the employee shall:

(a) Inform the person of any personal information in the system of which he/she is the subject:

(b) Permit the person, or his/her legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which he/she is the subject, except where prohibited by law;

(c) Inform the person of the uses made of the personal information and identify other users who have access to the system;

(d) Allow a person who wishes to exercise his/her rights as provided by this rule to be accompanied by one individual of his/her choice;

(e) Provide, for a reasonable charge, copies of any personal information the person is authorized to inspect.

(6) Investigate disputes concerning the accuracy, relevance, timeliness or completeness of personal information pursuant to section 1347.09 of the Revised Code and paragraph (D) of this rule.

(7) Take all reasonable precautions to protect personal information maintained by the Ohio board of speech-language pathology and audiology from unauthorized modification, destruction, use or disclosure.

(B) The board of speech-language pathology and audiology shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings to the attention of appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system. A copy of the reprimand shall be entered in the employee's personnel file.

(C) The Ohio board of speech-language pathology and audiology shall monitor its personal information system by:

(1) Maintaining the personal information system with the accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the board which is based on information contained in the system; and

(2) Eliminating unnecessary information from the system.

(D) The Ohio board of speech-language pathology and audiology shall investigate upon request, the accuracy, relevance, timeliness or completeness of personal information, which is disputed by the subject of a record contained in the system, within ninety days after receipt of a request from the disputant; and

(1) Notify the disputant of the results of the investigation and any action the board intends to take with respect to the disputed information; and

(2) Delete any information that the board cannot verify or finds to be inaccurate; and

(3) Permit the disputant, if he/she is not satisfied with the determination made by the board to include within the system:

(a) A brief statement of his/her position on the disputed information, such statement being limited to one hundred words, with the board's executive director assisting the disputant to write a clear summary of the dispute; or

(b) A notation that the disputant protests that the information is inaccurate, irrelevant, outdated, or incomplete; with the board of speech-language pathology and audiology maintaining a copy of the disputant's statement of the dispute.

(E) The Ohio board of speech-language pathology and audiology shall not place personal information into an interconnected and combined system, unless said system contributes to the efficiency of the agencies or organizations authorized to use the system in implementing programs which are required or authorized by law.

(F) The board of speech-language pathology and audiology shall not use personal information placed into an interconnected or combined system by another state or local agency or an organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

R.C. 119.032 review dates: 11/20/2009 and 11/20/2014

Promulgated Under: 119.03

Statutory Authority: 4753.05 , 1347.05

Rule Amplifies: 1347.05 , 4753.05

Prior Effective Dates: 5/5/86, 11/16/92, 2/9/93

4753-1-05 Duties of officers and staff.

(A) The chairperson shall:

(1) Designate the time and place of meetings by his/her own authority or at the written request of two or more board members.

(2) Preside at all meetings or in case of his/her inability to attend any meeting, shall designate the vice-chairperson or in the event the vice-chairperson is not available, the chairperson shall designate one of the other members of the board to preside in his/her stead.

(3) Exercise general supervision of the affairs of the board and shall have the usual powers of such office and any other powers and duties as the board may direct.

(4) Sign all licenses and duplicates issued by the board.

(5) Sign the official minutes of the proceedings of the board which shall remain on permanent file in the board office.

(B) The vice-chairperson shall:

(1) Assist the chairperson in carrying out his/her duties when requested.

(2) Preside over meetings in the absence of the chairperson or in the absence of any other direction by the chairperson.

(3) Act on behalf of the chairperson in cases of extended incapacitation or long absence of the chairperson.

(4) Sign all licenses and duplicates issued by the board.

(5) Sign the official minutes of the proceedings of the board which shall remain on permanent file in the board office.

(C) The executive director shall:

(1) Serve at the pleasure of the board and report to the chairperson.

(2) Direct and manage all program activities of the board; supply the board with accurate, current information and professional advice; initiate new policies for consideration by the board; carry out all policies adopted by the board. Be responsible for the overall administration of the board's office including long-range planning and evaluation, and shall render administrative services to the board as required and report these activities to the board.

(3) Keep the minutes of the proceedings at the board meetings and the records of the board.

(4) Have custody of all fees received by the board including license fees and renewal fees, and shall be responsible for the transfer of such funds to the state treasurer.

(5) Be responsible for reviewing applications and issuing licenses approved by the board and shall account to the auditor of state for all licenses, renewals and duplicate certificates handled by the board.

(6) Be responsible for fiscal management of the board including preparation and submission of the budget for the board.

(7) Hire, train and evaluate staff and be responsible for working conditions, staff relations; public relations and professional ethics.

(8) Be responsible for the investigation of all complaints of violation of Chapters 4753. of the Revised Code and Administrative Code; work with the assistant attorney general assigned to the board to initiate warnings or legal actions, prepare materials for board hearings or appeals in court and draft legislative material for the board; attend and testify at hearings.

(9) Handle public relations and public information by written and phone correspondence and act as liaison for the board with the legislature, government agencies, the profession, consumers, news media, and the general public; and

(10) Assume such other duties as the board may direct.

R.C. 119.032 review dates: 08/09/2011 and 08/09/2016
Promulgated Under: 119.03
Statutory Authority: 1347.05 , 4753.05
Rule Amplifies: 1347.05 , 4753.04
Prior Effective Dates: 11-16-92 (Emer.), 2-9-93, 9-10-94, 7-17-98, 9-1-03