Chapter 4765-10 Complaints

4765-10-01 Definitions for disciplinary actions.

(A) "Limit" or "restrict" means to preclude a certificate holder from engaging in a particular conduct or activity, to impose conditions on the manner in which such conduct or activity may be performed, or to require the certificate holder to abide by specific conditions in order to continue functioning under the holder's certificate.

(B) "Probation" means a situation whereby a certificate holder shall continue to practice only under conditions specified by the board.

(C) "Revocation" means the loss of a certificate issued under Chapter 4765. of the Revised Code for at least one year from the date on which the board order revoking the certificate was journalized.

(D) "Suspension" means the temporary loss of a certificate issued under Chapter 4765. of the Revised Code.

R.C. 119.032 review dates: 03/11/2013 and 12/26/2017
Promulgated Under: 119.03
Statutory Authority: RC 4765.11
Rule Amplifies: RC 4765.10 , RC 4765.18 , RC 4765.23 , RC 4765.33
Prior Effective Dates: 12/27/07

4765-10-02 Investigations.

(A) The division shall investigate all complaints on behalf of the board and in accordance with section 4765.101 of the Revised Code.

(B) After an investigation is completed and based on the findings of such investigation, the board may initiate disciplinary proceedings in accordance with Chapter 119. of the Revised Code and this chapter.

(C) If, based on the findings of an investigation, the board determines that no further action on a complaint is warranted, then the case shall be closed accordingly.

(D) The division shall conduct all investigations and any related proceedings, in such a manner as to protect patient confidentiality and in accordance with section 4765.102 of the Revised Code.

(E) Notwithstanding paragraph (D) of this rule, a patient may consent to have the board release the patient's name or other identifying information that was collected as part of the division's investigation. Such consent shall be in writing and signed by the patient in order to be considered proper.

If a patient is less than eighteen years of age, such consent shall be in writing and signed by the patient's parent, guardian, or legal custodian in order to be considered proper.

(F) No member of the board who participates in an investigation shall participate in any further adjudication of the case.

(G) No member of the board who participates in an investigation at the local level or is involved in a case locally, shall participate in any investigation or adjudication of the same case by the board.

R.C. 119.032 review dates: 03/11/2013 and 12/26/2017
Promulgated Under: 119.03
Statutory Authority: RC 4765.11
Rule Amplifies: RC 4765.10 , RC 4765.101 , RC 4765.102
Prior Effective Dates: 1/1/96, 2/22/99, 3/23/03, 12/27/07, 04/01/11

4765-10-03 Administrative actions.

(A) The board, pursuant to an adjudicatory hearing under Chapter 119. of the Revised Code, and by a vote of the majority of all members, may suspend, revoke, refuse to grant, limit, or refuse to renew any certificate issued by the board, issue a written reprimand, or impose a fine not to exceed one thousand dollars if it determines that the person committed fraud in passing the examination or committed fraud, misrepresentation, or deception in applying for or securing any certificate issued by the board.

(B) The board, pursuant to an adjudicatory hearing under Chapter 119. of the Revised Code, and by a vote of the majority of all members, may suspend, revoke, refuse to grant, limit, or refuse to renew any certificate issued by the board, impose a fine not to exceed one thousand dollars, or issue a written reprimand if it finds a certificate holder has any of the following:

(1) A violation of any provision of Chapter 4765. of the Revised Code or Chapters 4765-1 to 4765-19 of the Administrative Code;

(2) Conviction of, pled guilty to, had a judicial finding of guilt for, or had a judicial finding of eligibility for treatment and/or intervention in lieu of conviction for:

(a) Any felony;

(b) A misdemeanor committed in the course of practice;

(c) A misdemeanor involving moral turpitude;

(d) Violation of any federal, state, county, or municipal narcotics or controlled substance law;

(e) Any act committed in another state or jurisdiction that, if committed in Ohio, would constitute a violation set forth in this paragraph;

(f) A violation of division (A) of section 4765.50 of the Revised Code.

(3) An adjudication of mental incompetence by a court of law;

(4) An inability to practice according to acceptable and prevailing standards of care by reason of mental illness, physical illness, or habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;

(5) Any violation of the professional standards of conduct established in Chapter 4765-9 of the Administrative Code;

(6) Any violation of any conditions of a consent agreement or an order issued by the board.

(C) The board, pursuant to an adjudicatory hearing under Chapter 119. of the Revised Code, and by a vote of the majority of all members, may suspend, revoke, refuse to grant, limit, or refuse to renew a certificate of accreditation or a certificate of approval issued by the board, impose a fine not to exceed one thousand dollars, or issue a written reprimand, if it finds any of the following:

(1) A violation of any provision of Chapter 4765. of the Revised Code or Chapters 4765-1 to 4765-19 of the Administrative Code;

(2) Any violations of any conditions of a consent agreement or an order issued by the board.

(D) When the board takes any disciplinary action under this rule, the board may specify that its action is permanent.

R.C. 119.032 review dates: 03/11/2013 and 12/26/2017
Promulgated Under: 119.03
Statutory Authority: RC 4765.11
Rule Amplifies: RC 4765.33
Prior Effective Dates: 1/1/96, 2/22/99, 6/29/01, 1/13/02, 3/23/03, 2/13/06, 12/27/07

4765-10-05 Report of administrative actions.

(A) When the board takes disciplinary action against a holder of a certificate to pratice, a certificate of accreditation, a certificate of approval, or a certificate to teach, in accordance with this chapter, the board shall advise:

(1) The person against whom such action is taken;

(2) Any other state or public agencies for whom which such notice is appropriate;

(3) Any EMS organizations the certificate holder is employed by or with whom the certificate holder is affiliated.

(B) All administrative actions that result in discipline, suspension, revocation, or limitation of certification shall be published in the division of EMS newsletter or on the division's website.

(C) The division shall compile on an annual basis a report on complaints received, investigations conducted, and administrative actions taken.

R.C. 119.032 review dates: 03/11/2013 and 12/26/2017
Promulgated Under: 119.03
Statutory Authority: RC 4765.11
Rule Amplifies: RC 4765.18 ,RC 4765.23 , RC 4765.33
Prior Effective Dates: 1/1/96, 2/22/99, 3/23/03, 12/27/07

4765-10-06 Medical director.

Nothing in this chapter shall be construed as restricting or otherwise limiting the right of a physician who serves as the medical director for any EMS organization to determine those first responders or EMTs whom the medical director will allow to provide emergency medical services, or to withdraw blood for evidence collection, under the auspices of the medical director's certificate to practice medicine and surgery, or osteopathic medicine and surgery, issued under Chapter 4731. of the Revised Code. The medical director, however, shall not authorize first responders or EMTs to provide emergency medical services beyond the scope of their certificates to practice.

R.C. 119.032 review dates: 03/11/2013 and 12/26/2017
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11
Rule Amplifies: R.C. 4765.38 , R.C. 4765.39 , R.C. 1547.11 , R.C. 4506.17 , R.C. 4511.19
Prior Effective Dates: 1/1/96, 4/28/02, 12/02/2010