Chapter 4757-1 General Provisions

4757-1-01 Adoption of rules and methods of public notice.

(A) The procedure of the board for giving public notice for the adoption, amendment, or rescission of its rules shall be pursuant to section 119.03 of the Revised Code. The board shall provide a copy of a notice to any person who requests a copy in writing and who pays a reasonable fee, not to exceed the cost of copying and mailing.

(B) The board shall give public notice at least thirty days prior to the date set for the public hearing by filing its rules and public notices in the register of Ohio and on its web site. Such notice shall include:

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

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

(3) A statement of the reason or purpose for adoption, amendment or rescission of the rule;

(4) The date, time, and place of the hearing on the proposed action.

(C) Prior to the effective date of the rule, amendment, or rescission, the board will have available for distribution to those requesting it a copy of the full text of rule, as adopted, amended, or rescinded at a cost not to exceed copying and mailing and a free download on its web site.

(D) The board shall complete the common sense initiative process for proposed rules and rule changes as required by section 107.53 of the Revised Code and as promulgated by that office prior to filing rules with the legislative service commission.

Effective: 01/01/2013
R.C. 119.032 review dates: 10/12/2012 and 12/17/2017
Promulgated Under: 119.03
Statutory Authority: 4757.10
Rule Amplifies: 4757.10
Prior Effective Dates: 6-11-85 (Emer.); 9-19-85 (Emer.); 12-19-85; 7-3-97; 9-20-02; 9-20-07

4757-1-02 Notice of board meetings.

(A) Any person may ascertain the time and place of all regularly scheduled meetings of the counselor, social worker, and marriage and family therapist board, and its professional standards committees and the time, place, and purpose of all special meetings of the board or its professional standards committees by any one of the following methods:

(1) Calling the board office by telephone during normal business hours.

(2) Contacting the board office in person during normal business hours.

(3) Any person or organization that makes a written request for such notification and provides the board with a self-addressed business-size envelope.

(4) The meetings are listed on the boards web site http://cswmft.ohio.gov.

(B) Any person or organization who makes written request for routine notification of all regularly scheduled and special meetings of the counselor, social worker, and marriage and family therapist board and its professional standards committees and that provides the board with self-addressed business sized envelopes, shall receive notice of all such board meetings for a twelve-month period. After twelve months, such notification shall cease, unless the request is renewed in the manner set forth in this paragraph.

(1) Notices shall be mailed at least seven calendar days prior to any regularly scheduled meeting, and at least four calendar days prior to any special meeting, unless the meeting is an emergency meeting. Notices of special meetings shall include the type of business to be discussed.

(2) The person requesting notification is responsible to keep the board informed in writing of changes in his/her current mailing address.

(3) The obligation of the board under paragraph (B) of this rule to each person or organization fully complying with said requirements shall be deemed fully discharged with the mailing of notification to the most current mailing address and name on file with the board for this purpose, as of seven days prior to the particular regularly scheduled meeting.

(C) A representative of a news media organization, or of the business office of a professional organization of counselors, social workers, or marriage and family therapists may receive notification of board meetings by making a written request to the board office. The board shall compile a mailing list and shall mail notification of all regularly scheduled and special meetings to these representatives at their business addresses, in accordance with the schedule in paragraph (B)(1) of this rule.

(1) Not more than one representative of a radio or television station, newspaper, or other publication, or of a professional organization of counselors, social workers, or marriage and family therapists may receive such notification.

(2) The news media organization, or professional organization of counselors, social workers, or marriage and family therapists is responsible to notify the board in writing of changes in the name or mailing address of the recipient of such notification.

(3) Notification under paragraph (C) of this rule shall remain in effect for one year from the date of the written request, after which time the name of the organization shall be removed from the mailing list unless the request is renewed in writing.

(4) The obligation of the board under paragraph (C) of this rule to each organization shall be deemed fully discharged with the mailing of notification to the most current address and name on file with the board for this purpose.

(D) A representative of a news media organization may obtain telephone notification of emergency board meetings by making a written request to the board, including the name of the individual to be contacted, his/her mailing address, and a maximum of two telephone numbers where he/she can be reached. The board shall maintain a list of all representatives of the news media who request telephone notice of emergency meetings.

(1) In the event of an emergency meeting, the board shall immediately notify by telephone all representatives on the list of such meeting.

(2) Such telephone notice shall be complete if a message has been left for the media representative or if, after a reasonable effort, the board has been unable to provide such telephone notice.

(3) The media representative's name shall remain on the telephone notification list for one year from the date of the written request, after which time the name shall be removed unless the request is renewed in writing.

(4) The media representative or the organization is responsible to inform the board of any changes in telephone numbers or in the name of the person to be notified.

(E) The failure of any individual, organization, or organization representative to comply with the above requirements shall relieve the board of any obligation to provide advance notice of any kind of any public meeting to that individual, organization representative.

Effective: 10/18/2009
R.C. 119.032 review dates: 06/12/2009 and 09/20/2014
Promulgated Under: 119.03
Statutory Authority: 4757.10
Rule Amplifies: 4757.05
Prior Effective Dates: Eff 6-11-85 (Emer.); 9-19-85 (Emer.); 12-19-85; 7-3-97; 9-20-02; 4-10-04

4757-1-03 Minutes of board meetings.

(A) The unapproved minutes of all board meetings and professional standards committee meetings shall be recorded and open to public inspection in a binder located in the board office during normal business hours within ten business days of their recording.

(B) Within ten business days after their approval by the board and professional standards committee, the approved minutes of all board meetings shall be substituted for the unapproved minutes and shall be open to public inspection in the manner provided for in paragraph (A) of this rule and on its web site.

R.C. 119.032 review dates: 10/12/2012 and 09/20/2017
Promulgated Under: 119.03
Statutory Authority: 4757.10
Rule Amplifies: 4757.05
Prior Effective Dates: 6-11-85 (Emer.); 6-19-85 (Emer.); 12-1-85; 7-3-97; 9-20-02; 9-20-07

4757-1-04 Applications of first licensure.

(A) All applicants for first licensure as a professional counselor, social worker, professional clinical counselor, independent social worker, marriage and family therapist, independent marriage and family therapist, or for registration of title as a social work assistant, counselor trainee or social worker trainee, shall file with the executive director of the board an online application; or a written application, signed and duly notarized, on a form prescribed by the board. Any person who knowingly makes a false statement on a written application or electronic application may be found guilty of falsification under section 2921.13 of the Revised Code, a misdemeanor of the first degree. Applications shall be maintained for two years from the date of receipt by the board. Applications which remain incomplete after two years shall be considered abandoned. The license application and fee shall be forfeit and individuals seeking licensure shall be required to re-apply.

(B) The appropriate non-refundable fee, shall accompany the application for licensure or registration.

(C) All applicants for licensure or registration shall provide:

(1) Grade transcripts showing all coursework and/or academic degrees necessary to meet the education requirements for the license or registration for which the applicant is applying.

(a) Such transcripts shall bear the official seal of the college or university and the signature of the registrar. Transcripts shall be sent directly to the board office by the college or university. The applicant shall bear sole responsibility for transcripts sent directly from the college or university to the board office.

(b) If an applicant's transcript does not clearly indicate that he/she meets the education requirements for the license for which they are applying, the applicant shall provide additional information about their coursework in a manner prescribed by the board.

(2) Notarized statements, on a form prescribed by the board, to document all professional employment experience required by any rule under this chapter, or for licensure or registration by the board. Notarized statements, if required, shall be completed by the person(s) who supervised the required professional employment experience, or who are judged by the board to be in a position to make a professional judgment about the nature of the applicant's duties and the quality of their work, and who meet the criteria established for such respondents by the board in any rules under this chapter.

(D) Applicants for any license or certificate of registration issued by the board shall be of good moral character. The board may, in its discretion, deny any application for licensure or certification if the board finds that the applicant was convicted of, pled guilty to, or pled no contest to a felony or misdemeanor involving moral turpitude or for acts committed, which would constitute a felony or misdemeanor involving moral turpitude, if committed in Ohio. The board shall consider the number and timing of any convictions and the relationship those convictions may have to the practice for which the applicant has made application for licensure or certification. The board shall consider an applicant's fitness to practice a part of the good moral character requirements. The board at its discretion may request any of the following to help determine good moral character and fitness to practice: a criminal records check, a criminal background check or a psychological evaluation.

(E) All applicants for an initial license or registration shall submit a request to the bureau of criminal identification and investigation for a criminal records check of the applicant per sections 4776.02 and 4776.03 of the Revised Code and shall include a federal bureau of identification criminal records check request. This requirement applies to all initial applications for professional counselor, social worker, professional clinical counselor, independent social worker, marriage and family therapist, independent marriage and family therapist, or for registration of title as a social work assistant, counselor trainee or social worker trainee. The applications for criminal records check shall comply with section 109.572 of the Revised Code. The criminal records check shall be received at least one year prior to licensure or a new criminal records check shall be required. Section 4776.02 of the Revised Code requires that all fingerprint reports be sent directly to the board office from the bureau of criminal identification and investigation. Any fingerprint results mailed to or from some other source shall not be accepted.

(1) Applicants in the state of Ohio shall go to a county sheriff's office or other agency approved by Ohio's attorney general to request an electronic criminal records check and submit fingerprints to the bureau of criminal identification and investigation. A link to electronic fingerprint sites is available on the board's web page under "forms".

(a) Each applicant shall pay the fee to the agency scanning their fingerprints and provide the bureau of criminal identification and investigation with the applicant's name and address and with the board's name and address as the results addressee. The agency code fingerprint card shall be "1AB002".

(b) An applicant who has poor fingerprint quality on the electronic scanning shall be notified by the board to request a waiver from electronic scanning and mailed the required forms for submission of ink rolled fingerprints. The bureau of criminal identification and investigation has suggested using cornhuskers lotion when having difficulties getting a good electronic scan.

(c) The applicant shall ask the superintendent of the bureau of criminal identification and investigation in the criminal records check request to obtain from the federal bureau of investigation any information it has pertaining to the applicant.

(2) Applicants outside the state of Ohio shall go to a police agency in their state and complete the blank criminal records check cards provided to them by the board and submit fingerprints by mailing the completed forms directly to the bureau of criminal identification and investigation.

(a) Each applicant shall pay the fee to the agency completing the fingerprinting and to the bureau of criminal identification and investigation for both the Ohio and federal bureau of investigation records checks. Applicants shall follow the directions provided with the fingerprint cards. The applicant shall ask the superintendent of the bureau of criminal identification and investigation in the request to obtain from the federal bureau of investigation any information it has pertaining to the applicant. Part of that application requires a waiver from electronic submission form citing out-of-state as the reason.

(b) An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the board's name and address as the results addressee. The agency code on the fingerprint card shall be "1AB002".

(3) The board shall not issue a license or registration until receipt of the criminal records check and any follow-up actions are completed.

(4) The results of any criminal records check conducted pursuant to a request made under this chapter and any report containing those results, including any information the federal bureau of investigation provides, are not public records for purposes of section 149.43 of the Revised Code and shall not be made available to any person or for any purpose other than as follows:

(a) The superintendent of the bureau of criminal identification and investigation shall make the results available to the board for use in determining, under Chapter 4757. of the Revised Code, whether the applicant who is the subject of the criminal records check should be granted a license under that chapter.

(b) The board shall make the results available to the applicant who is the subject of the criminal records check or to the applicant's representative upon their written request.

Effective: 10/18/2009
R.C. 119.032 review dates: 06/12/2009 and 09/20/2014
Promulgated Under: 119.03
Statutory Authority: 4757.10
Rule Amplifies: 4757.10 , 4757.16
Prior Effective Dates: Eff 6-11-85 (Emer.); 9-19-85 (Emer.); 12-19-85; 7-3-97; 9-20-02; 4-10-04; 9-20-07; 11-2-08

4757-1-05 License fees.

License fees shall be established by the board in amounts not to exceed the maximum allowable under section 4757.31 of the Revised Code. Fees are subject to change by action of the board, the controlling board, and/or the general assembly.

(A) Fees shall be paid by credit card, certified check or money order made payable to "Treasurer, State of Ohio."

(B) Fees shall be submitted to the board office at the time of the initial application. Renewal fees shall be the same as initial licensure or registration fees.

(C) Fees are not refundable.

(D) Fees for a two-year license, registration of title or reinstatement from an inactive status are as follows. Late renewal shall incur an additional fee of forty dollars except social worker assistant late renewal shall be twenty dollars.

(1) For licensed professional clinical counselor the fee is seventy-five dollars;

(2) For licensed professional counselor the fee is sixty dollars;

(3) For independent social worker the fee is seventy-five dollars;

(4) For social worker the fee is sixty dollars;

(5) For social worker assistant the fee is forty dollars.

(6) For social work temporary license the fee is twenty dollars.

(7) For independent marriage and family therapist the fee is seventy-five dollars;

(8) For marriage and family therapist the fee is sixty dollars;

(9) For marriage and family therapist temporary license the fee is twenty dollars.

(E) Fees for a two-year license or registration of title in an inactive status as defined by rule 4757-7-03 of the Administrative Code are as follows. Late renewal shall incur an additional fee of twenty dollars except social worker assistant late renewal shall be ten dollars.

(1) For professional clinical counselor the fee is fifty dollars;

(2) For professional counselor the fee is forty dollars;

(3) For independent social worker the fee is fifty dollars;

(4) For social worker the fee is forty dollars;

(5) For social worker assistant the fee is twenty dollars;

(6) For independent marriage and family therapist the fee is fifty dollars; and

(7) For marriage and family therapist the fee is forty dollars.

(F) Board provided continuing education program fees shall be ten dollars per continuing education hour. The board laws and rules examination for initial licensure shall be ten dollars.

(G) Licensees requesting written board certification of their licensure to other states or entities shall pay a twenty-five dollar fee for that verification.

(H) Licensees requesting replacement wall certificates for name changes or any other reason shall pay a fifteen dollar fee for that wall certificate.

(I) Applicants per rule 4757-9-05 of the Administrative Code for continuing education program approval shall pay a thirty dollar fee for each application.

(J) Applicants per rule 4757-9-05 of the Administrative Code for continuing education provider approval shall pay a one hundred twenty-five dollar fee for each application.

(K) The first incident in which a licensee fails to complete his/her continuing education for renewal as defined in division (A)(10) of section 4757.31 of the Revised Code and as defined in paragraph (HH) of rule 4757-3-01 of the administrative Code, the fee shall be as enumerated in this paragraph. For a second incidence, refer to paragraph (C) of rule 4757-1-07 of the administrative Code.

(1) For renewal of a license or registration with one to fifteen hours of continuing education less than required shall be fifty dollars;

(2) For renewal of a license or registration with sixteen to thirty hours of continuing education less than required shall be one hundred dollars; and

(3) For renewal of a license or registration with enough hours, but without the required ethics or supervision continuing education hours shall be fifty dollars.

Effective: 11/03/2014
Five Year Review (FYR) Dates: 08/15/2014 and 11/03/2019
Promulgated Under: 119.03
Statutory Authority: 4757.10 , 4757.31 , 4757.321
Rule Amplifies: 4757.31 , 4757.321
Prior Effective Dates: 6/11/85 (Emer.); 9/19/85 (Emer.); 12/19/85; 7/3/97; 9/20/02; 4/10/04; 1/1/06; 10/18/09; 4/1/12

4757-1-06 Personal information systems.

(A) The board shall appoint one employee to be directly responsible for 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 they are 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 or rule; and,

(4) Provide all persons 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 all other agencies or organizations that have access to 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 verifications that the person requesting access to the record is the subject of information contained in the system, the employee shall:

(a) Inform individuals of any personal information in the system of which they are subject;

(b) Permit the individuals, or their legal guardian, or an attorney who presents a signed authorization made by the individuals, to inspect all personal information in the system of which they are subject, except where prohibited by law;

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

(d) Allow individuals who wish to exercise their rights as provided by this rule to be accompanied by one individual of their 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.

(B) The board shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings attention to the appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the licensure or document management systems. A copy of the reprimand shall be entered in the employee's personnelfile.

(C) The board 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 board 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 of a 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 the board cannot verify or finds to be inaccurate; and

(3) Permit the disputant, if they are not satisfied with the determination made by the board, to include within the system:

(a) A brief statement of their position on the disputed information; or

(b) A brief statement that they find the information in the system to be inaccurate, irrelevant, outdated, or incomplete,

(4) The board shall maintain a copy of all statements made by the disputant.

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

(G) The board shall make available, upon request, all information concerning charges made by the board for reproduction of materials contained in personal information system.

R.C. 119.032 review dates: 10/12/2012 and 09/20/2017
Promulgated Under: 119.03
Statutory Authority: 4757.10
Rule Amplifies: 1347.08 , 4757.16
Prior Effective Dates: Eff 6-11-85 (Emer.); 9-19-85 (Emer.); 12-19-85; 7-3-97; 9-20-07

4757-1-07 Discipline actions that may include fines.

The professional standards committees established under section 4757.04 of the Revised Code may utilize fines at the discretion of each committee. Per division (E) of section 4757.10 of the Revised Code the following fines are enumerated.

(A) Practicing without a valid license, which includes practice prior to license and continuing to practice with an expired license.

(1) Worked as a licensee for sixty days or less without a valid license standard consent agreement terms:

(a) Written reprimand;

(b) Standard fine two hundred dollars for independent practitioner licensee and one hundred dollars for all others; and

(c) Fine to be paid within sixty days of the effective date of the agreement.

(2) Worked for sixty-one to one hundred twenty days without a valid license standard consent agreement terms:

(a) Suspension of fourteen days, plus an additional day for each day he/she engaged in unlicensed practice;

(b) Standard fine of two hundred dollars for independent practitioner licensee and one hundred dollars for other licensees plus one hundred dollars per week after the first three weeks. Fine amount up to five hundred dollars; and

(c) Fine to be paid within sixty days of the effective date of the agreement.

(3) Worked for more than one hundred twenty days without a valid license standard consent agreement terms:

(a) Suspension of four months, plus an additional month for each month or part thereof he/she engaged in unlicensed practice;

(b) Standard fine of five hundred dollars forall licensees; and

(c) Fine to be paid within sixty days of the effective date of the agreement.

(B) Fines may be levied in other discipline cases where the professional standards committee believes the fine will be more productive in correcting the issue than other discipline actions. Fine amounts up to five hundred dollars per violation may be made using the aggravating and mitigating factors in paragraph (G) of this rule in determining the proposed fine amount.

(C) Failure to complete the continuing education required for renewal, which is typically discovered during a continuing education audit, which includes failure to provide documentation of thirty hours of continuing education that meet the requirements of rule 4757-7-01 of the Administrative Code. The standard consent agreement terms are:

(1) Written reprimand;

(2) Fine to be paid within sixty days of the effective date of the agreement;

(a) Deficient number of hours for a first offense fine per hour:

(i) Deficient up to ten hours fine of one hundred dollars; or

(ii) Deficient eleven to twenty hours fine of two hundred fifty dollars; or

(iii) Deficient twenty-one to thirty hours fine of five hundred dollars.

(b) Deficient number of hours for a subsequent offense fine per hour:

(i) Deficient three to ten hours fine of two hundred dollars

(ii) Deficient eleven to twenty hours fine of three hundred fifty dollars

(iii) Deficient twenty-one to thirty hours fine of five hundred dollars

(3) Complete the number of continuing education hours he/she was deficient within thirty days of the consent agreement effective date and submit proof of completion within forty-five days of the consent agreement effective date. These hours shall not be counted toward his/her next renewal.

(4) Agrees to audit for continuing education the next time he/she renews his/her license.

(D) Do not discipline if licensee is deficient two hours or less of continuing education. Require that they make up the continuing education hour(s) and place a copy of a caution letter in their licensure file. Add them to the audit list for their next renewal.

(E) Applying for or renewing a license by means of fraud/deceit. Includes failure to report discipline by another jurisdiction, conviction, etc. the standard consent agreement terms are:

(1) Written reprimand;

(2) Fine up to five hundred dollars with a standard fine of two hundred fifty dollars;

(3) Fine to be paid within sixty (60) days of the effective date of the agreement; and

(4) Attend four hours of ethics training. Course(s) must be at least a two semester hour college level or thirty hour continuing education course, no on-line courses. Verification of completion shall be submitted to the investigation division within thirty days of attendance. These hours will not count toward the continuing education requirement for license renewal.

(F) Failure to respond to the continuing education audit standard consent agreement terms are:

(1) Fine up to five hundred dollars with a standard fine of two hundred fifty dollars;

(2) Fine to be paid within sixty days of the effective date of the agreement;

(3) Submit proof of thirty hours of continuing education for the audit renewal period within thirty days of the ratification of the agreement; and

(4) Agrees to audit for continuing education the next time he/she renews his/her license.

(G) Aggravating and mitigating factors to consider in levying fines. After a violation has been established, the professional standards committee may consider aggravating and mitigating factors/circumstances in determining the penalty to be imposed. If the professional standards committee deems such circumstances to be sufficient to justify a departure from the disciplinary guidelines, the reasons shall be specified by the professional standards committee.

(1) Aggravating factors/circumstances are any considerations or factors, which might justify an increase in the degree of discipline to be imposed. Aggravating factors may include, but are not limited to:

(a) Prior disciplinary actions;

(b) A pattern of misconduct;

(c) Multiple violations;

(d) Submission of false statements, false evidence or other deceptive practices during the disciplinary process;

(e) Refusal to acknowledge wrongful nature of conduct;

(f) Adverse impact of misconduct on others;

(g) Vulnerability of the victim; and

(h) Willful or reckless misconduct.

(2) Mitigating factors/circumstances are any considerations, which might justify a reduction in the degree of discipline to be imposed. Mitigating factors may include, but are not limited to:

(a) Absence of a prior disciplinary record;

(b) Isolated incident, unlikely to recur;

(c) Full and free disclosure to the board;

(d) Interim rehabilitation or remedial measures;

(e) Absence of adverse impact of misconduct on others;

(f) Remorse; and/or

(g) Absence of willful or reckless misconduct.

Effective: 04/01/2011
R.C. 119.032 review dates: 09/20/2014
Promulgated Under: 119.03
Statutory Authority: 4757.10 , 4757.31
Rule Amplifies: 4757.10 , 4757.31