Chapter 4755-21 Notice; Denial, Suspension, or Revocation of License

4755-21-01 Notice of meetings.

(A) Any person may obtain the time and place of all regularly scheduled meetings or the time, place, and purpose of any special meeting by:

(1) Visiting the board's website at http://otptat.ohio.gov;

(2) E-mailing the board at board board@otptat.ohio.gov;

(3) Writing the board at: "Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board, 77 South High Street, Sixteenth floor, Columbus, Ohio 43215-6108";

(4) Calling the board at 614-466-3774 during normal business hours; or

(5) Appearing in person at the board office during normal business hours.

(B) Any person may obtain advance notice of all meetings at which any specific type of public business is to be discussed by identifying the type of public business for which the person desires to be notified and by supplying the Ohio occupational therapy, physical therapy, and athletic trainers board with stamped, pre-addressed envelopes. The board will mail to such person a notice of the time and place of the meeting, and the type of business to be discussed, at least four calendar days before the meeting is scheduled unless the meeting is an emergency meeting.

(C) The board will maintain a list of representatives of the news media who requested in writing notice of special or emergency meetings. The board shall mail to such representatives notice at least four days before special meetings or shall telephone or email notice at least twenty-four hours before special meetings. In the event of an emergency meeting, the representatives of the news media who requested notification shall be notified immediately of the time, place, and purpose of the meeting. News media who requested meeting notification shall supply the board with the name, mailing address, email address, and telephone number of the representative to be contacted.

Effective: 05/01/2012
R.C. 119.032 review dates: 12/12/2011 and 04/01/2017
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 121.22
Prior Effective Dates: 5/26/78, 9/1/82, 2/1/92, 3/20/98, 5/25/03, 5/1/05, 5/1/07

4755-21-02 Method of public notice in adopting, amending or rescinding rules.

(A) Prior to the adoption of any rule subject to the requirements of Chapter 119. of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall give public notice of its intention to consider adoption, amendment, or rescission of a rule at least thirty days prior to the date set for the public hearing. Notice shall be given by publication on the register of Ohio. The physical therapy section may also issue any notice of publication to ensure that constructive notice is given to all persons who are subject to or affected by the proposed rule. The notice shall include:

(1) A statement of the physical therapy section's intention to consider adoption, amendment, or rescission of a rule;

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

(3) A statement of reason or purpose of adoption, amendment, or rescission of rules; and

(4) The date, time, and place set for the public hearing on the proposed action.

(B) Notice of the section's intention to consider adoption, amendment, or rescission of a rule shall be given at least thirty days prior to the date set for the public hearing to any person who requests it and who supplies the section with stamped, pre-addressed envelopes.

R.C. 119.032 review dates: 03/29/2012 and 03/29/2017
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.41
Prior Effective Dates: 8/7/78, 9/1/82, 2/1/92, 7/15/95, 3/20/98, 2/7/03, 5/1/05, 5/1/10

4755-21-03 Denial and disciplinary action procedures.

(A) Denial of an application for licensure or examination or any proposed action against a license shall be in accordance with Chapter 119. of the Revised Code.

(1) Pursuant to section 119.07 of the Revised Code, a request for an administrative hearing on the proposed action shall be received by the physical therapy section within thirty days of the mailing of the notice of opportunity for a hearing.

(2) If a request for an administrative hearing is not received by the physical therapy section within thirty days of the mailing of the notice of opportunity for a hearing, the section, upon consideration of the charges cited, may take appropriate action in the absence of the applicant or licensee.

(3) Pursuant to section 4755.031 of the Revised Code, a person sanctioned under section 4755.47 or 4755.482 of the Revised Code shall pay a fee in the amount of the actual cost of the administrative hearing, including the cost of the court reporter, the hearing officer, transcripts, and any witness fees for lodging and travel.

(B) The physical therapy section may deny, limit, suspend, or revoke the license of any person or reprimand, fine, or place a license holder on probation for violation of any provision of sections 4755.40 to 4755.56 of the Revised Code or any lawful order or rule of the section.

(C) If the physical or mental condition of a license holder is at issue in a disciplinary proceeding, the physical therapy section may order the license holder to submit to reasonable examinations by a health care practitioner designated or approved by the section.

(D) In accordance with division (E) of section 4755.47 of the Revised Code, if the physical therapy section determines that a license holder poses an immediate threat to the public, the section shall immediately suspend the license of the physical therapist or physical therapist assistant prior to holding a hearing in accordance with Chapter 119. of the Revised Code. The section shall notify the licensee of the suspension in accordance with section 119.07 of the Revised Code. If the licensee fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the section shall enter a final order permanently revoking the individual's license.

(E) The hearings and investigations related to sections 4755.40 to 4755.56 of the Revised Code shall be considered civil actions for the purposes of section 3123.43 of the Revised Code. Notwithstanding section 121.22 of the Revised Code, proceedings of the physical therapy section relative to the investigation of a complaint or the determination whether there are reasonable grounds to believe that a violation of Chapter 4755. of the Revised Code occurred are confidential and are not subject to discovery in any civil action.

(F) If requested by the physical therapy section, the prosecuting attorney of a county, the village solicitor, or the city director of law of a municipal corporation, whenever a violation of Chapter 4755. of the Revised Code allegedly occurs, shall take charge of and conduct the prosecution.

(G) In addition to any other remedy provided in Chapter 4755. of the Revised Code, the physical therapy section may request the attorney general or an appropriate prosecuting attorney to apply to an appropriate court for an order enjoining the violation of Chapter 4755. of the Revised Code. On a showing that a person has violated or is about to violate Chapter 4755. of the Revised Code, the court shall grant an injunction, restraining order, or other order as appropriate. The injunction proceedings are in addition to all penalties and other remedies provided in Chapter 4755. of the Revised Code.

Replaces: Former 4755-21-03

R.C. 119.032 review dates: 03/29/2012 and 03/29/2017
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.47 , 4755.48 , 4755.482
Prior Effective Dates: 5/26/78, 9/1/82, 7/15/95, 3/20/98, 5/25/03, 5/1/05, 3/20/08