Chapter 4755-48 Complaints

4755-48-01 Investigations and inspections.

(A) Pursuant to sections 4755.02 and 4755.64 of the Revised Code, the athletic trainers section shall investigate compliance with sections 4755.60 to 4755.65 of the Revised Code or any rule or order adopted by the athletic trainers section. The section shall also investigate alleged grounds for the suspension, revocation, or refusal to issue or renew licenses, or reprimand, fine, or place a licensee on probation.

(B) Board investigators may conduct routine inspections at the work site of licensees to determine compliance with the laws and rules governing the practice of athletic training. Investigators will carry proper identification to be shown upon request.

(C) Routine inspections include, but are not limited to, checking the display of wall certificates; verifying proper supervision of unlicensed personnel; reviewing written documentation of services; checking for authorized licensed practitioner referrals.

(D) Investigations of complaints shall include search for specific evidence regarding the case. In accordance with division (A) of section 4755.02 of the Revised Code, the section may issue subpoenas to obtain copies of patient records and personnel files of licensees.

(E) All investigations shall be conducted pursuant to the laws and rules of the state of Ohio.

Effective: 05/01/2011
R.C. 119.032 review dates: 12/13/2010 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 4755.61
Rule Amplifies: 4755.02 , 4755.64
Prior Effective Dates: 7/8/91, 4/27/96, 5/1/08

4755-48-02 Disciplinary procedures.

(A) Denial of an application for licensure 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 athletic trainers 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 athletic trainers 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 4755.64 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 athletic trainers section may deny, suspend, or revoke the license of an individual or reprimand, fine, or place a licensee on probation for violation of any provision of Chapter 4755. 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 athletic trainers section may order the license holder to submit to reasonable examinations by a health care practitioner designated or approved by the section.

(D) In the event the license of an athletic trainer is suspended or revoked by the athletic trainers section pursuant to violation of any provision of Chapter 4755. of the Revised Code or violation of any lawful order or rule of the section, the athletic trainer shall, upon receipt of the final order or rule of the athletic trainers section, within fourteen days surrender to the board office all evidence of the individual's license, including the wall certificate.

(E) In accordance with division (D) of section 4755.64 of the Revised Code, if the athletic trainers section determines that a license holder poses an immediate threat to the public, the section shall immediately suspend the license of the athletic trainer prior to holding a hearing in accordance with Chapter 119. 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.

(F) The hearings and investigations related to sections 4755.60 to 4755.66 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 athletic trainers 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 allegedly occurred are confidential and are not subject to discovery in any civil action.

(G) If requested by the athletic trainers 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.

(H) In addition to any other remedy provided in Chapter 4755. of the Revised Code, the athletic trainers 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.

Effective: 05/01/2011
R.C. 119.032 review dates: 12/13/2010 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 4755.61
Rule Amplifies: 4755.02 , 4755.64
Prior Effective Dates: 4/8/91 (Emer.), 7/8/91, 3/28/03, 5/1/08