Chapter 4778-1 Licenses and Collaboration Agreements

4778-1-01 Definitions.

For purposes of Chapter 4778. of the Revised Code and the rules promulgated thereunder, the following definitions apply:

(A) "Board" means the state medical board of Ohio.

(B) "Rare disease" means any disease affecting approximately one in one thousand five hundred people.

Effective: 10/31/2013
R.C. 119.032 review dates: 10/31/2018
Promulgated Under: 119.03
Statutory Authority: 4778.12
Rule Amplifies: 4778.09

4778-1-02 Application for a license.

(A) An applicant for an initial license or initial license designated as a supervised practice license as a genetic counselor shall file a written application under oath on the forms prescribed by the board (form MED-GC-2013, revised 7/2013), and provide such other facts and materials as the board requires. Application forms are available from the board's website at http://med.ohio.gov/.

(B) No application shall be considered filed, and shall not be reviewed, until the non-refundable application fee provided for in division (A) of section 4778.03 of the Revised Code has been received by the board.

(C) All application materials submitted to the board by applicants may be thoroughly investigated. The board may contact individuals, agencies, or organizations for recommendations or other information about applicants as the board deems necessary. Applicants may be requested to appear before the board or a representative thereof as part of the application process.

(D) An application for an initial license shall be considered to be complete when all of the following requirements are met:

(1) The application fee provided in section 4778.03 of the Revised Code and all documentation required to demonstrate compliance with divison (B) of section 4778.03 of the Revised Code has been received by the board;

(2) The applicant has complied with the requirements of paragraph (A) of rule 4778-2-02 of the Administrative Code and the board has received the results of the criminal records checks and any other forms required to be submitted pursuant to paragraph (A) of rule 4778-2-02 of the Administrative Code;

(3) The board is not conducting an investigation, pursuant to section 4778.18 of the Revised Code, of evidence appearing to show that the applicant has violated section 4778.14 of the Revised Code or applicable rules adopted by the board.

(E) An application for an initial license designated as a supervised practice license shall be considered to be complete when all of the following requirements are met:

(1) The applicant has complied with the requirements of paragraph (D) of this rule, except that the applicant is not required to demonstrate certification as a genetic counselor;

(2) The board has received documentation that the applicant is in active candidate status with the American board of genetic counseling.

(F) If the application is not complete within six months of the date the application is filed with the board because required information, facts, or other materials have not been received by the board, the board may notify the applicant by certified mail that it intends to consider the application abandoned if the application is not completed.

(1) The written notice shall:

(a) Specifically identify the information, facts, or other materials required to complete the application; and

(b) Inform the applicant that the information, facts, or other materials must be received by the deadline date specified; that if the application remains incomplete at the close of business on the deadline date the application may be deemed to be abandoned and no further review of the application will occur; and that if the application is abandoned the submitted fees shall neither be refundable or transferrable to a subsequent application.

(2) If all of the information, facts, or other materials are received by the board by the deadline date and the application is deemed to be complete, the board shall process the application and may require updated information as it deems necessary.

Effective: 10/31/2013
R.C. 119.032 review dates: 10/31/2018
Promulgated Under: 119.03
Statutory Authority: 4778.12
Rule Amplifies: 4778.03 , 4778.08

4778-1-03 Special activity license.

(A) "Current unrestricted license," as that phrase is used in section 4778.09 of the Revised Code and this rule, means a license or other authority to practice that was issued by the appropriate entity or governmental body of another state or territory which lawfully permits the applicant to practice as a genetic counselor without governmental restrictions or limitations.

(B) The secretary of the board or, in his or her absence, another member of the board designated by the board, shall determine whether an applicant for a special activity license meets the requirements of section 4778.09 of the Revised Code. In making the determination, the secretary of the board or board designee shall take into consideration all of the following:

(1) Whether the practice in this state by the applicant will be associated with a rare disease;

(2) The existence of any information warranting investigation prior to issuance of the special activity license;

(3) Any available information regarding prior performance by the applicant while practicing in this state.

Effective: 10/31/2013
R.C. 119.032 review dates: 10/31/2018
Promulgated Under: 119.03
Statutory Authority: 4778.12
Rule Amplifies: 4778.09

4778-1-05 Collaboration agreement.

(A) The collaboration agreement provided for in divison (B) of section 4778.11 of the Revised Code shall meet all of the following criteria:

(1) The agreement shall be a written statement identifying and signed by the collaborating physician and genetic counselor who are party to the agreement.

(2) The agreement shall contain a general statement of the procedures, decision criteria, or categories of care that a genetic counselor is to follow when ordering genetic tests or other evaluations.

(3) The agreement shall provide for a selection of the most appropriate, accurate, and cost-effective methods of diagnosis.

(B) A collaborative agreement must be reevaluated at least every two years. If any modification to the agreement is made, the agreement must be reexecuted as provided in paragraph (A)(1) of this rule.

(C) A signed copy of the collaborative agreement must be maintained by all parties and available for inspection by the board upon request.

Effective: 10/31/2013
R.C. 119.032 review dates: 10/31/2018
Promulgated Under: 119.03
Statutory Authority: 4778.12
Rule Amplifies: 4778.11

4778-1-06 Miscellaneous provisions.

For purposes of Chapter 4778. of the Revised Code and rules promulgated there under:

(A) An adjudication hearing held pursuant to the provisions of Chapter 119. of the Revised Code shall be conducted in conformance with the provisions of Chapter 4731-13 of the Administrative Code.

(B) The provisions of Chapters 4731-13, 4731-16, 4731-17, 4731-19, 4731-26, and 4731-28 of the Administrative Code are applicable to the holder of a license to practice as a genetic counselor issued pursuant to Chapter 4778. of the Revised Code, as though fully set forth in Chapter 4778-1 or Chapter 4778-2 of the Administrative Code.

Effective: 10/31/2013
R.C. 119.032 review dates: 10/31/2018
Promulgated Under: 119.03
Statutory Authority: 4778.12
Rule Amplifies: 4778.14