Chapter 4755. OCCUPATIONAL THERAPISTS; PHYSICAL THERAPISTS; ATHLETIC TRAINERS
| (A) |
There is
hereby created the Ohio occupational therapy, physical therapy, and athletic
trainers board consisting of sixteen residents of this state, who shall be
appointed by the governor with the advice and consent of the senate. The board
shall be composed of a physical therapy section, an occupational therapy
section, and an athletic trainers section.
| (1) |
Five members of the board shall be
physical therapists who are licensed to practice physical therapy and who have
been engaged in or actively associated with the practice of physical therapy in
this state for at least five years immediately preceding appointment. Such
members of the board shall sit on the physical therapy section. The physical
therapy section also shall consist of four additional members, appointed by the
governor with the advice and consent of the senate, who satisfy the same
qualifications as the members of the board sitting on the physical therapy
section, but who are not members of the board. Of the additional physical
therapy section members whose terms commence on August 28, 2007, one shall be
for a term of one year, one for a term of two years, one for a term of three
years, and one for a term of four years. Such additional members of the
physical therapy section are vested with only such powers and shall perform
only such duties as relate to the affairs of that section. |
| (2) |
Four members of the board shall be
occupational therapists and one member shall be a licensed occupational therapy
assistant, all of whom have been engaged in or actively associated with the
practice of occupational therapy or practice as an occupational therapy
assistant in this state for at least five years immediately preceding
appointment. Such members of the board shall sit on the occupational therapy
section. |
| (3) |
Four members of the
board shall be athletic trainers who have been engaged in the practice of
athletic training in Ohio for at least five years immediately preceding
appointment. One member of the board shall be a physician licensed to practice
medicine and surgery in this state. Such members of the board shall sit on the
athletic trainers section. |
| (4) |
One
member of the board shall represent the public . This member shall sit on the
board and shall attend each year at least three meetings of the physical
therapy section, three meetings of the occupational therapy section, and three
meetings of the athletic trainers section. |
|
| (B) |
Except for the terms of office specified in
division (A)(1) of this section for the additional members of the physical
therapy section commencing on August 28, 2007, terms for the members of the
board and the additional members of the physical therapy section are for three
years. Each member's term shall commence on the twenty-eighth day of August and
end on the twenty-seventh day of August. Each member shall serve subsequent to
the expiration of the member's term until the member's successor is appointed
and qualifies, or until a period of sixty days has elapsed, whichever occurs
first. A member shall not serve for more than three consecutive terms. All
vacancies shall be filled in the manner prescribed for the regular appointments
and are limited to the unexpired terms. |
| (C) |
Each member of the board and each additional
member of the physical therapy section, before entering upon the official
duties of office, shall do both of the following:
| (1) |
Subscribe to and file with the secretary
of state the constitutional oath of office; |
| (2) |
Sign and file with the executive director
of the board a notarized statement that the member has read and understands
sections 121.22 and
149.43 of the Revised Code and the
provisions of Chapter 119. of the Revised Code that are applicable to the
duties of the board. |
|
| (D) |
Annually, upon the qualification of the member or
members appointed in that year, the board shall organize by selecting from its
members a president and secretary. Each section of the board shall
independently organize by selecting from its members a chairperson and
secretary. |
| (E) |
A majority of the
members of the board constitutes a quorum to transact and vote on the business
of the board. A majority of the members of each section constitutes a quorum to
transact and vote on the affairs of that section. |
| (F) |
Each member of the board and each additional
member of the physical therapy section shall receive an amount fixed pursuant
to division (J) of section
124.15 of the Revised Code for each
day employed in the discharge of official duties. In addition, each member of
the board and each additional member of the physical therapy section shall
receive the member's actual and necessary expenses incurred in the performance
of official duties. |
| (G) |
The board
of trustees of the Ohio occupational therapy association may recommend, after
any term expires or vacancy occurs in an occupational therapy position, at
least three persons to fill each such position or vacancy on the board, and the
governor may make the appointment from the persons so recommended. The
executive board of the Ohio chapter of the American physical therapy
association may recommend, after any term expires or vacancy occurs in a
physical therapy position, at least three persons to fill each such vacancy on
the board, and the governor may make appointments from the persons so
recommended. The Ohio athletic trainers association shall recommend to the
governor at least three persons when any term expires or any vacancy occurs in
an athletic trainer position. The governor may select one of the association's
recommendations in making such an appointment. |
| (H) |
The board shall meet as a whole to determine all
administrative, personnel, and budgetary matters. The executive director of the
board appointed by the board shall not be a physical therapist, an occupational
therapist, or an athletic trainer who has been licensed to practice physical
therapy, occupational therapy, or as an athletic trainer in this state within
three years immediately preceding appointment. The executive director shall
execute, under the direction of the board, the policies, orders, directives,
and administrative functions of the board and shall direct, under rules adopted
by the board, the work of all persons employed by the board. Upon the request
of the board, the executive director shall report to the board on any matter.
The executive director shall serve at the pleasure of the board. |
| (I) |
The occupational therapy section of the
board shall have the authority to act on behalf of the board on matters
concerning the practice of occupational therapy and, in particular, the
examination of applicants, the issuance of licenses and limited permits, and
the suspension or revocation of licenses and limited permits to practice as an
occupational therapist or occupational therapy assistant. The physical therapy
section of the board shall have the authority to act on behalf of the board on
matters concerning the practice of physical therapy and, in particular, the
examination, licensure, and suspension or revocation of licensure of
applicants, physical therapists, and physical therapist assistants. The
athletic trainers section of the board shall have the authority to act on
behalf of the board on matters concerning the practice of athletic training
and, in particular, the examination, licensure, and suspension or revocation of
licensure of applicants and athletic trainers. All actions taken by any section
of the board under this division shall be in accordance with Chapter 119. of
the Revised Code. |
Effective Date:
09-05-2001;
04-06-2007 .
| (A) |
The
appropriate section of the Ohio occupational therapy, physical therapy, and
athletic trainers board shall investigate compliance with this chapter or any
rule or order issued under this chapter and shall investigate alleged grounds
for the suspension, revocation, or refusal to issue or renew licenses or
limited permits under section
3123.47,
4755.11,
4755.47, or
4755.64 of the Revised Code. The
appropriate section may subpoena witnesses and documents in connection with its
investigations. |
| (B) |
Through the
attorney general or an appropriate prosecuting attorney, the appropriate
section may apply to an appropriate court for an order enjoining the violation
of this chapter. On the filing of a verified petition, the court shall conduct
a hearing on the petition and give the same preference to the proceeding as is
given to all proceedings under Chapter 119. of the Revised Code, irrespective
of the position of the proceeding on the court's calendar. On a showing that a
person has violated or is about to violate this chapter, the court shall grant
an injunction, restraining order, or other order as appropriate. The injunction
proceedings provided by this division are in addition to all penalties and
other remedies provided in this chapter. |
| (C) |
When requested by the appropriate section, the
prosecuting attorney of a county, or the village solicitor or city director of
law of a municipal corporation, where a violation of this chapter allegedly
occurs, shall take charge of and conduct the prosecution. |
| (D) |
The appropriate section may employ investigators
who shall investigate complaints,conduct inspections, and make inquiries as in
the judgment of the section are appropriate to enforce sections
3123.41 to
3123.50 of the Revised Code or
this chapter. These investigators have the right to review, obtain copies, and
audit the patient records and personnel files of licensees and limited permit
holders at the place of business of the licensees or limited permit holders or
any other place where such documents may be and shall be given access to such
documents during normal business hours. |
| (E) |
| (1) |
Subject to
division (E)(2) of this section, information and records received or generated
by the board pursuant to an investigation are confidential, are not public
records as defined in section
149.43 of the Revised Code, and are
not subject to discovery in any civil or administrative action. |
| (2) |
For good cause, the board may disclose
information gathered pursuant to an investigation to any federal, state, or
local law enforcement, prosecutorial, or regulatory agency or its officers or
agents engaging in an investigation the board believes is within the agency's
jurisdiction. An agency that receives confidential information shall comply
with the same requirements regarding confidentiality as those with which the
board must comply, notwithstanding any conflicting provision of the Revised
Code or procedure of the agency that applies when the agency is dealing with
other information in its possession. The information may be admitted into
evidence in a criminal trial in accordance with the Rules of Evidence, or in an
administrative hearing conducted by an agency, but the court or agency shall
require that appropriate measures be taken to ensure that confidentiality is
maintained with respect to any part of the information that contains names or
other identifying information about patients, complainants, or others whose
confidentiality was protected by the board when the information was in the
board's possession. Measures to ensure confidentiality that may be taken by the
court or agency include sealing its records or redacting specific information
from its records. |
|
| (F) |
The appropriate section shall conduct hearings, keep records and minutes, and
enforce the relevant sections of this chapter. |
| (G) |
Each section of the board shall publish and make
available, upon request and for a fee not to exceed the actual cost of printing
and mailing, the licensure standards prescribed by the relevant sections of
this chapter and the Administrative Code. |
| (H) |
The board shall submit to the governor and to the
general assembly each year a report of all its official actions during the
preceding year, together with any recommendations and findings with regard to
the status of the professions of physical therapy,occupational therapy, and
athletic training. |
Effective Date:
11-21-1977;
04-06-2007 .
Except as provided in section
4755.99 of the Revised Code, all
fees and fines collected and assessed under this chapter by the appropriate
section of the Ohio occupational therapy, physical therapy, and athletic
trainers board, shall be deposited into the state treasury to the credit of the
occupational licensing and regulatory fund.
Effective Date:
07-22-1994;
09-29-2005;
04-06-2007; 2007
HB119 09-29-2007
.
A person sanctioned under section
4755.11,
4755.47,
4755.482, or
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, as determined by the appropriate
section of the board. The fee shall be collected by the appropriate section.
Effective Date:
04-06-2007 .
As used in sections 4755.04 to
4755.13 and section
4755.99 of the Revised Code:
| (A) |
"Occupational therapy" means the
therapeutic use of everyday life activities or occupations with individuals or
groups for the purpose of participation in roles and situations in the home,
school, workplace, community, and other settings. The practice of occupational
therapy includes all of the following:
| (1) |
Methods or strategies selected to direct the process of interventions,
including, but not limited to, establishment, remediation, or restoration of a
skill or ability that has not yet developed or is impaired and compensation,
modification, or adaptation of activity or environment to enhance performance;
|
| (2) |
Evaluation of factors affecting
activities of daily living, instrumental activities of daily living, education,
work, play, leisure, and social participation, including, but not limited to,
sensory motor abilities, vision, perception, cognition, psychosocial, and
communication and interaction skills; |
| (3) |
Interventions and procedures to promote
or enhance safety and performance in activities of daily living, education,
work, play, leisure, and social participation, including, but not limited to,
application of physical agent modalities, use of a range of specific
therapeutic procedures to enhance performance skills, rehabilitation of driving
skills to facilitate community mobility, and management of feeding, eating, and
swallowing to enable eating and feeding performance; |
| (4) |
Consultative services, case management,
and education of patients, clients, or other individuals to promote
self-management, home management, and community and work reintegration;
|
| (5) |
Designing, fabricating,
applying, recommending, and instructing in the use of selected orthotic or
prosthetic devices and other equipment which assists the individual to adapt to
the individual's potential or actual impairment; |
| (6) |
Administration of topical drugs that have
been prescribed by a licensed health professional authorized to prescribe
drugs, as defined in section
4729.01 of the Revised Code.
|
|
| (B) |
"Occupational
therapist" means a person who is licensed or holds a limited permit to practice
occupational therapy and who offers such services to the public under any title
incorporating the words "occupational therapy," "occupational therapist," or
any similar title or description of services. |
| (C) |
"Occupational therapy assistant" means a person
who holds a license or limited permit to provide occupational therapy
techniques under the general supervision of an occupational therapist.
|
Effective Date:
03-22-2001;
04-06-2007 .
No person who does not hold a current license or limited permit
under sections
4755.04 to
4755.13 of the Revised Code shall
practice or offer to practice occupational therapy, or use in connection with
the person's name, or otherwise assume, use, or advertise, any title, initials,
or description tending to convey the impression that the person is an
occupational therapist or an occupational therapy assistant. No partnership,
association, or corporation shall advertise or otherwise offer to provide or
convey the impression that it is providing occupational therapy unless an
individual holding a current license or limited permit under sections
4755.04 to
4755.13 of the Revised Code is or
will at the appropriate time be rendering the occupational therapy services to
which reference is made.
Effective Date:
04-16-1993;
04-06-2007 .
The occupational therapy
section of the Ohio occupational therapy, physical therapy, and athletic
trainers board may make reasonable rules in accordance with Chapter 119. of the
Revised Code relating to, but not limited to, the following:
| (A) |
The form and manner for filing applications for licensure under sections
4755.04 to
4755.13 of the Revised
Code; |
| (B) |
The issuance, suspension, and revocation of the
licenses and the conducting of investigations and hearings; |
| (C) |
Standards for approval of courses of study relative to the practice of
occupational therapy; |
| (D) |
The time and form of examination for the
licensure; |
| (E) |
Standards of ethical conduct in the practice of
occupational therapy; |
| (F) |
The form and manner for filing applications for
renewal and a schedule of deadlines for renewal; |
| (G) |
The conditions under which a license of a licensee who files a late application
for renewal will be reinstated; |
| (H) |
Placing an existing license in escrow; |
| (I) |
The amount, scope, and nature of continuing education activities required for
license renewal, including waivers of the continuing education
requirements; |
| (J) |
Guidelines for limited permits; |
| (K) |
Requirements for criminal records checks of applicants under section
4776.03 of the Revised
Code; |
| (L) |
Subject to section
4755.061 of the Revised Code, the
amount for each fee specified in section
4755.12 of the Revised Code that
the section charges; |
| (M) |
The
amount and content of corrective action courses required by the board under
section 4755.11 of the Revised Code. The section may hear
testimony in matters relating to the duties imposed upon it, and the
chairperson and secretary of the section may administer oaths. The section may
require proof, beyond the evidence found in the application, of the honesty,
truthfulness, and good reputation of any person named in an application for
licensure, before admitting the applicant to an examination or issuing a
license.
|
Amended by
129th General AssemblyFile No.169, HB 247,
§1, eff.
3/22/2013.
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
04-16-1993; 04-06-2007; 2007 HB104 03-24-2008 .
If the occupational
therapy section of the Ohio occupational therapy, physical therapy, and
athletic trainers board adopts rules pursuant to section
4755.06 of the Revised Code
relating to the amounts of the fees that the section may charge for the late
renewal of licenses and the review of continuing education activities, as
provided in divisions (A)(5) and (A)(6) of section
4755.12 of the Revised Code, the
section shall not establish fee amounts for those services that exceed the
actual costs the section incurs in providing the services to a licensee.
Added by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
.
No person shall qualify for licensure as an occupational
therapist or as an occupational therapy assistant unless the person has shown
to the satisfaction of the occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers board that the
person:
| (A) |
Is of good moral
character; |
| (B) |
Has successfully
completed the academic requirements of an educational program recognized by the
section, including a concentration of instruction in basic human sciences, the
human development process, occupational tasks and activities, the
health-illness-health continuum, and occupational therapy theory and practice;
|
| (C) |
Has successfully completed a
period of supervised field work experience at a recognized educational
institution or a training program approved by the educational institution where
the person met the academic requirements. For an occupational therapist, a
minimum of six months of supervised field work experience is required. For an
occupational therapy assistant, a minimum of two months of supervised field
work experience is required. |
| (D) |
Has successfully passed a written examination testing the person's knowledge of
the basic and clinical sciences relating to occupational therapy, and
occupational therapy theory and practice, including the applicant's
professional skills and judgment in the utilization of occupational therapy
techniques and methods, and such other subjects as the section may consider
useful to determine the applicant's fitness to practice. The section may
require separate examinations of applicants for licensure as occupational
therapy assistants and applicants for licensure as occupational therapists.
Applicants for licensure shall be examined at a time and place and under such
supervision as the section determines. |
Effective Date:
04-16-1993;
04-06-2007 .
The occupational therapy section of the Ohio occupational
therapy, physical therapy, and athletic trainers board shall issue a license to
every applicant who has passed the appropriate examination designated by the
section and who otherwise complies with the licensure requirements of sections
4755.04 to
4755.13 of the Revised Code. The
license entitles the holder to practice occupational therapy or to assist in
the practice of occupational therapy. The licensee shall display the license in
a conspicuous place at the licensee's principal place of business. The section
may issue a limited permit to persons who have satisfied the requirements of
divisions (A) to (C) of section
4755.07 of the Revised Code. This
permit allows the person to practice as an occupational therapist or
occupational therapy assistant under the supervision of a licensed occupational
therapist and is valid until the date on which the results of the examination
are made public. This limited permit shall not be renewed if the applicant has
failed the examination.
Effective Date:
04-16-1993;
04-06-2007 .
The occupational therapy section of the Ohio occupational
therapy, physical therapy, and athletic trainers board may waive the
examination requirement under section
4755.07 of the Revised Code for
any applicant for licensure as an occupational therapist or occupational
therapy assistant who either has met educational, training, and job experience
requirements established by the section, or presents proof of current
certification or licensure in another state that requires standards for
licensure at least equal to those for licensure in this state. The section may
waive the educational requirements under section
4755.07 of the Revised Code for
any applicant who has met job experience requirements established by the
section.
Effective Date:
03-22-2001;
04-06-2007 .
Each license issued under section
4755.08 of the Revised Code is
valid without further recommendation or examination until revoked or suspended
or until the license expires for failure to file an application for renewal as
provided for in this section. Licenses shall be renewed biennially in
accordance with the schedule established in rules adopted by the occupational
therapy section of the Ohio occupational therapy, physical therapy, and
athletic trainers board under section
4755.06 of the Revised Code.
Applicants for renewal shall file the fee for renewal as provided in section
4755.12 of the Revised Code, an
application for renewal on a form prescribed by the occupational therapy
section,and proof of completion of continuing education requirements as
provided in rules adopted by the section under section
4755.06 of the Revised Code. An
application for renewal shall be mailed by the section to the licensee in
accordance with the schedule established in rules adopted by the section under
section 4755.06 of the Revised Code. In
all other respects the renewal process is as provided in section
4745.02 of the Revised Code. The
license of any licensee who fails to file an application for renewal on or
before the deadline established in rules adopted by the section under section
4755.06 of the Revised Code shall
expire automatically, unless the section, for good cause shown, determines that
the application for renewal could not have been filed by such day. Except as
provided in sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code, the
section may renew a license while the license is suspended, but the renewal
shall not affect the suspension. The section shall not renew a license that has
been revoked. If a revoked license is reinstated under section
4755.11 of the Revised Code after
it has expired, the licensee, as a condition of reinstatement, shall pay a
reinstatement fee equal to the renewal fee in effect on the last preceding
regular renewal date before the reinstatement date, plus any delinquent fees
accrued from the time of the revocation, if such fees are prescribed by the
section by rule.
Effective Date:
06-30-1997;
04-06-2007 .
| (A) |
In
accordance with Chapter 119. of the Revised Code, the occupational therapy
section of the Ohio occupational therapy, physical therapy, and athletic
trainers board may suspend, revoke, or refuse to issue or renew an occupational
therapist license, occupational therapy assistant license, occupational
therapist limited permit, occupational therapy assistant limited permit, or
reprimand, fine, place a license or limited permit holder on probation, or
require the license or limited permit holder to take corrective action courses,
for any of the following:
| (1) |
Conviction of an offense involving moral turpitude or a felony, regardless of
the state or country in which the conviction occurred; |
| (2) |
Violation of any provision of sections 4755.04 to 4755.13 of the Revised
Code; |
| (3) |
Violation
of any lawful order or rule of the occupational therapy section; |
| (4) |
Obtaining or attempting to obtain a license or limited permit issued by the
occupational therapy section by fraud or deception, including the making of a
false, fraudulent, deceptive, or misleading statements in relation to these
activities; |
| (5) |
Negligence, unprofessional conduct, or gross misconduct in the practice of the
profession of occupational therapy; |
| (6) |
Accepting commissions or rebates or other forms of remuneration for referring
persons to other professionals; |
| (7) |
Communicating, without authorization, information received in professional
confidence; |
| (8) |
Using
controlled substances, habit forming drugs, or alcohol to an extent that it
impairs the ability to perform the work of an occupational therapist,
occupational therapy assistant, occupational therapist limited permit holder,
or occupational therapy assistant limited permit holder; |
| (9) |
Practicing in an area of occupational therapy for which the individual is
untrained or incompetent; |
| (10) |
Failing the licensing or Ohio jurisprudence examination; |
| (11) |
Aiding, abetting, directing, or supervising the unlicensed practice of
occupational therapy; |
| (12) |
Denial, revocation, suspension, or restriction of authority to practice a
health care occupation, including occupational therapy, for any reason other
than a failure to renew, in Ohio or another state or jurisdiction; |
| (13) |
Except as provided in division (B) of this section:
| (a) |
Waiving the payment of all or any part of a deductible or copayment that a
patient, pursuant to a health insurance or health care policy, contract, or
plan that covers occupational therapy, would otherwise be required to pay if
the waiver is used as an enticement to a patient or group of patients to
receive health care services from that provider; |
| (b) |
Advertising that the individual will waive the payment of all or any part of a
deductible or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers occupational therapy, would
otherwise be required to pay. |
|
| (14) |
Working or representing oneself as an occupational therapist, occupational
therapy assistant, occupational therapist limited permit holder, or
occupational therapy assistant limited permit holder without a current and
valid license or limited permit issued by the occupational therapy
section; |
| (15) |
Engaging
in a deceptive trade practice, as defined in section 4165.02 of the Revised
Code; |
| (16) |
Violation of the standards of ethical conduct in the practice of occupational
therapy as identified by the occupational therapy section; |
| (17) |
A departure from, or the failure to conform to, minimal standards of care
required of licensees or limited permit holders, whether or not actual injury
to a patient is established; |
| (18) |
An adjudication by a court that the applicant, licensee, or limited permit
holder is incompetent for the purpose of holding a license or limited permit
and has not thereafter been restored to legal capacity for that
purpose; |
| (19) |
| (a) |
Except as provided in division (A)(19)(b) of this section, failure to cooperate
with an investigation conducted by the occupational therapy section, including
failure to comply with a subpoena or orders issued by the section or failure to
answer truthfully a question presented by the section at a deposition or in
written interrogatories. |
| (b) |
Failure to cooperate with an investigation does not constitute grounds for
discipline under this section if a court of competent jurisdiction issues an
order that either quashes a subpoena or permits the individual to withhold the
testimony or evidence at issue. |
|
| (20) |
Conviction of a misdemeanor reasonably related to the practice of occupational
therapy, regardless of the state or country in which the conviction
occurred; |
| (21) |
Inability to practice according to acceptable and prevailing standards of care
because of mental or physical illness, including physical deterioration that
adversely affects cognitive, motor, or perception skills; |
| (22) |
Violation of conditions, limitations, or agreements placed by the occupational
therapy section on a license or limited permit to practice; |
| (23) |
Making a false, fraudulent, deceptive, or misleading statement in the
solicitation of or advertising for patients in relation to the practice of
occupational therapy; |
| (24) |
Failure to complete continuing education requirements as prescribed in rules
adopted by the occupational therapy section under section 4755.06 of the
Revised Code. |
|
| (B) |
Sanctions shall not be imposed under division (A)(13) of this section against
any individual who waives deductibles and copayments as follows:
| (1) |
In compliance with the health benefit plan that expressly allows such a
practice. Waiver of the deductibles or copayments shall be made only with the
full knowledge and consent of the plan purchaser, payer, and third-party
administrator. Documentation of the consent shall be made available to the
section upon request. |
| (2) |
For professional services rendered to any other person licensed pursuant to
sections 4755.04 to 4755.13 of the Revised Code to the extent allowed by those
sections and the rules of the occupational therapy section. |
|
| (C) |
Except as provided in division (D) of this section, the suspension or
revocation of a license or limited permit under this section is not effective
until either the order for suspension or revocation has been affirmed following
an adjudication hearing, or the time for requesting a hearing has elapsed. When a license or
limited permit is revoked under this section, application for reinstatement may
not be made sooner than one year after the date of revocation. The occupational
therapy section may accept or refuse an application for reinstatement and may
require that the applicant pass an examination as a condition of
reinstatement. When a license or
limited permit holder is placed on probation under this section, the
occupational therapy section's probation order shall be accompanied by a
statement of the conditions under which the individual may be removed from
probation and restored to unrestricted practice.
|
| (D) |
On receipt of a complaint that a person who holds a license or limited permit
issued by the occupational therapy section has committed any of the prohibited
actions listed in division (A) of this section, the section may immediately
suspend the license or limited permit prior to holding a hearing in accordance
with Chapter 119. of the Revised Code if it determines, based on the complaint,
that the licensee or limited permit holder poses an immediate threat to the
public. The section may review the allegations and vote
on the suspension by telephone conference call. If the section votes to suspend
a license or limited permit under this division, the section shall
issue a
written order of summary suspension to the licensee or limited permit
holder in accordance
with section 119.07 of the Revised Code. If the individual whose license or
limited permit is suspended 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 or limited permit.
Notwithstanding section 119.12 of the Revised Code, a
court of common pleas shall not grant a suspension of the section's order of
summary suspension pending the determination of an appeal filed under that
section. Any order of summary suspension issued under this division shall
remain in effect, unless reversed on appeal, until a final adjudication order
issued by the section pursuant to division (A) of this section becomes
effective. The section shall issue its final adjudication order regarding an
order of summary suspension issued under this division not later than ninety
days after completion of its hearing. Failure to issue the order within ninety
days shall result in immediate dissolution of the suspension order, but shall
not invalidate any subsequent, final adjudication order. |
| (E) |
If any person other than a person who holds a license or limited permit issued
under section 4755.08 of the Revised Code has engaged in any practice that is
prohibited under sections 4755.04 to 4755.13 of the Revised Code or the rules
of the occupational therapy section, the section may apply to the court of
common pleas of the county in which the violation occurred, for an injunction
or other appropriate order restraining this conduct, and the court shall issue
this order. |
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.169, HB 247,
§1, eff.
3/22/2013.
Effective Date:
04-16-1993; 04-06-2007
| (A) |
An individual whom the
occupational therapy section of the Ohio occupational therapy, physical
therapy, and athletic trainers board licenses, certificates, or otherwise
legally authorizes to engage in the practice of occupational therapy may render
the professional services of an occupational therapist within this state
through a corporation formed under division (B) of section 1701.03 of the
Revised Code, a limited liability company formed under Chapter 1705. of the
Revised Code, a partnership, or a professional association formed under Chapter
1785. of the Revised Code. This division does not preclude an individual of
that nature from rendering professional services as an occupational therapist
through another form of business entity, including, but not limited to, a
nonprofit corporation or foundation, or in another manner that is authorized by
or in accordance with sections 4755.04 to 4755.13 of the Revised Code, another
chapter of the Revised Code, or rules of the Ohio occupational therapy,
physical therapy, and athletic trainers board adopted pursuant to sections
4755.04 to 4755.13 of the Revised Code. |
| (B) |
A corporation, limited liability company, partnership,
or professional association described in division (A) of this section may be
formed for the purpose of providing a combination of the professional services
of the following individuals who are licensed, certificated, or otherwise
legally authorized to practice their respective professions:
| (1) |
Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code; |
| (2) |
Chiropractors who are authorized to practice
chiropractic or acupuncture under Chapter 4734. of the Revised Code; |
| (3) |
Psychologists who are
authorized to practice psychology under Chapter 4732. of the Revised
Code; |
| (4) |
Registered or licensed
practical nurses who are authorized to practice nursing as registered nurses or
as licensed practical nurses under Chapter 4723. of the Revised Code; |
| (5) |
Pharmacists who are
authorized to practice pharmacy under Chapter 4729. of the Revised Code; |
| (6) |
Physical therapists who
are authorized to practice physical therapy under sections 4755.40 to 4755.56
of the Revised Code; |
| (7) |
Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the Revised
Code; |
| (8) |
Mechanotherapists who are
authorized to practice mechanotherapy under section 4731.151 of the Revised
Code; |
| (9) |
Doctors of medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and surgery
who are authorized for their respective practices under Chapter 4731. of the
Revised Code; |
| (10) |
Licensed professional
clinical counselors, licensed professional counselors, independent social
workers, social workers, independent marriage and family therapists, or
marriage and family therapists who are authorized for their respective
practices under Chapter 4757. of the Revised Code. This division shall apply notwithstanding a provision of a
code of ethics applicable to an occupational therapist that prohibits an
occupational therapist from engaging in the practice of occupational therapy in
combination with a person who is licensed, certificated, or otherwise legally
authorized to practice optometry, chiropractic, acupuncture through the state
chiropractic board, psychology, nursing, pharmacy, physical therapy,
mechanotherapy, medicine and surgery, osteopathic medicine and surgery,
podiatric medicine and surgery, professional counseling, social work, or
marriage and family therapy but who is not also licensed, certificated, or
otherwise legally authorized to engage in the practice of occupational
therapy.
|
|
Added by
130th General Assembly File No. TBD, HB 232, §1,
eff. 7/10/2014.
| (A) |
The occupational therapy
section of the Ohio occupational therapy, physical therapy, and athletic
trainers board may charge any or all of the following fees:
| (1) |
A
nonrefundable examination fee, which is to be paid at the
time of application for licensure; |
| (2) |
An application
fee for an initial license; |
| (3) |
An
initial licensure fee; |
| (4) |
A fee
for biennial renewal of a license; |
| (5) |
A fee for late
renewal of a license; |
| (6) |
A fee for the
review of continuing education activities; |
| (7) |
A fee
for a limited permit; |
| (8) |
A fee for
verification of a license. |
|
| (B) |
Any person who is qualified to
practice occupational therapy as certified by the section, but who is not in
the active practice, as defined by section rule, may register with the section
as a nonactive licensee at a biennial fee. |
| (C) |
The section may, by rule,
provide for the waiver of all or part of a fee when the license is issued less
than one hundred days before the date on which it will expire. |
| (D) |
Except
when all or part of a fee is waived under division (C) of this section, the
amount charged by the occupational therapy section for each of its fees shall
be the applicable amount established in rules adopted under section
4755.06 of the Revised Code. |
Amended by
128th General AssemblyFile No.9, HB 1,
§101.01, eff.
10/16/2009.
Effective Date:
06-30-1997; 04-06-2007
Nothing in sections 4755.04 to
4755.13 of the Revised Code shall be construed to prevent or restrict the
practice, services, or activities of the following:
| (A) |
Any person who
does not claim to the public by any title, initials, or description of services
as being engaged in the practice of occupational therapy, who is:
| (1) |
A physician
licensed under Chapter 4731. of the Revised Code, or anyone employed or
supervised by a licensed physician in the delivery of treatment or
services; |
| (2) |
A person
licensed, certified, or registered under sections 4755.40 to 4755.56 of the
Revised Code or under any other chapter of the Revised Code who is practicing
within the standards and ethics of practice that represent appropriate
extensions of the person's profession; |
| (3) |
A qualified
member of any other profession who is practicing within the standards and
ethics of the member's profession. |
|
| (B) |
Any person
employed as an occupational therapist or occupational therapy assistant by the
government of the United States, if the person provides occupational therapy
solely under the direction or control of the organization by which the person
is employed; |
| (C) |
Any
person pursuing a course of study leading to a degree or certificate in
occupational therapy in an accredited or approved educational program if the
activities and services constitute a part of a supervised course of study, if
the person is designated by a title that clearly indicates the person's status
as a student or trainee; |
| (D) |
Any person
fulfilling the supervised field work experience requirements of section 4755.07
of the Revised Code, if the activities and services constitute a part of the
experience necessary to meet those requirements.
|
Amended by
130th General Assembly File No. 51, HB 83, §1,
eff. 3/20/2014.
Effective Date:
07-01-1993; 04-06-2007
As used in sections
4755.40
to
4755.56
and
4755.99 of the Revised
Code:
| (A) |
| (1) |
"Physical therapy" means the evaluation and treatment of a person by physical
measures and the use of therapeutic exercises and rehabilitative procedures,
with or without assistive devices, for the purpose of preventing, correcting,
or alleviating physical impairments, functional limitations, and
physical disabilities. "Physical therapy" includes physiotherapy. "Physical therapy" includes the establishment and
modification of physical therapy programs, treatment planning, patient
education and instruction, and consultative services. With respect to the evaluation of a person, "physical
therapy" includes determining a physical therapy diagnosis in order to treat
the person's physical impairments, functional limitations, and physical
disabilities; determining a prognosis; and determining a plan of therapeutic
intervention. If performed by a person who is adequately trained,
"physical therapy"
includes the design,
fabrication, and revision of various assistive devices, and the provision of education and instruction in the use of
those devices, including
braces, splints, ambulatory or locomotion devices, wheelchairs, prosthetics,
and orthotics. "Physical
therapy" includes the administration of topical drugs that have been
prescribed by a licensed health professional authorized to prescribe drugs, as
defined in section
4729.01
of the Revised Code .
|
| (2) |
"Physical therapy" does not include either of the
following:
| (a) |
The use of electricity for cauterization or other
surgical purposes; |
| (b) |
The use of Roentgen rays or radium for diagnostic or
therapeutic purposes. |
|
|
| (B) |
"Physical therapy diagnosis" means a judgment that is
made after examining the neuromusculoskeletal system or evaluating or studying
its symptoms and that utilizes the techniques and science of physical therapy
to establish a plan of therapeutic intervention. "Physical therapy diagnosis"
does not include a medical diagnosis. |
| (C) |
"Physical measures" include massage and other
manual therapy techniques, heat, cold, air, light, water, electricity
except as provided in division (A)(2)(a) of this
section, sound, and the performance of tests of neuromuscular function as
an aid to the provision of treatment.
|
| (D) |
"Physical
therapist" means a person who practices or provides patient education and
instruction in physical therapy and includes a physiotherapist. |
| (E) |
"Physical
therapist assistant" means a person who assists in the provision of physical
therapy treatments, including the provision of patient education and
instruction, under the supervision of a physical therapist. |
| (F) |
"Supervision"
means the availability and responsibility of the supervisor for direction of
the actions of the person supervised. |
Amended by
132nd General Assembly File No. TBD, HB 131, §1,
eff. 3/20/2019.
Effective Date:
05-04-2004;
04-06-2007 .
| (A) |
The
physical therapy section of the Ohio occupational therapy, physical therapy,
and athletic trainers board shall license persons desiring to practice physical
therapy or to practice as physical therapist assistants in this state.
|
| (B) |
An investigation, inquiry, or
hearing which the section is authorized to undertake or hold may be undertaken
or held in accordance with section
4755.02 of the Revised Code. Any
finding or order shall be confirmed or approved by the section. |
| (C) |
The physical therapy section shall:
| (1) |
Keep a record of its proceedings;
|
| (2) |
Keep a register of applicants
showing the name and location of the institution granting the applicant's
degree or certificate in physical therapy and whether or not a license was
issued; |
| (3) |
Maintain a register of
every physical therapist and physical therapist assistant in this state,
including the licensee's last known place of business, the licensee's last
known residence, and the date and number of the licensee's license; |
| (4) |
Deposit all fees collected by the section
in accordance with section
4755.03 of the Revised Code;
|
| (5) |
On receipt of an application
for a license to practice as a physical therapist or physical therapist
assistant, provide to the applicant the section's address, dates of upcoming
section meetings, and a list of names of the section members.
|
|
Effective Date:
06-30-1997;
04-06-2007 .
The physical therapy
section of the Ohio occupational therapy, physical therapy, and athletic
trainers board shall adopt rules in accordance with Chapter 119. of the Revised
Code pertaining to the following:
| (A) |
Fees for the verification of a license and license reinstatement, and other
fees established by the section; |
| (B) |
Provisions for the section's government and control of its actions and business
affairs; |
| (C) |
Minimum
curricula for physical therapy education programs that prepare graduates to be
licensed in this state as physical therapists and physical therapist
assistants; |
| (D) |
Eligibility
criteria to take the examinations required under sections
4755.43
and
4755.431
of the Revised Code; |
| (E) |
The form and
manner for filing applications for licensure with the section; |
| (F) |
For
purposes of section
4755.46 of the Revised
Code, all of the following:
| (1) |
A schedule
regarding when licenses to practice as a physical therapist and physical
therapist assistant expire during a biennium; |
| (2) |
An
additional fee, not to exceed thirty-five dollars, that may be imposed if a
licensee files a late application for renewal; |
| (3) |
The
conditions under which the license of a person who files a late application for
renewal will be reinstated. |
|
| (G) |
The
issuance, renewal, suspension, and permanent revocation of a license and the
conduct of hearings; |
| (H) |
Appropriate
ethical conduct in the practice of physical therapy; |
| (I) |
Requirements, including continuing education requirements, for restoring
licenses that are inactive or have lapsed through failure to renew; |
| (J) |
Conditions that may be imposed for reinstatement of a license following
suspension pursuant to section
4755.47 of
the Revised Code; |
| (K) |
For purposes
of sections 4755.45 and
4755.451 of the Revised Code, both of the following:
| (1) |
Identification of the credentialing organizations from which the section will
accept equivalency evaluations for foreign physical therapist education
and foreign physical therapist assistant
education. The physical therapy section shall identify only those
credentialing organizations that use a course evaluation tool or form approved
by the physical therapy section. |
| (2) |
Evidence, other than the evaluations described in division (K)(1) of this
section, that the section will consider for purposes of evaluating whether an
applicant's education is reasonably equivalent to the educational requirements
that were in force for licensure in this state as a physical therapist
or physical therapist assistant on the date of
the applicant's initial licensure or registration in another state or
country. |
|
| (L) |
Standards of
conduct for physical therapists and physical therapist assistants, including
requirements for supervision, delegation, and practicing with or without
referral or prescription; |
| (M) |
Appropriate display of a license; |
| (N) |
Procedures for a licensee to follow in notifying the section within thirty days
of a change in name or address, or both; |
| (O) |
The
amount and content of corrective action courses required by the board under
section
4755.47 of
the Revised Code. |
Amended by
132nd General Assembly File No. TBD, HB 131, §1,
eff. 3/20/2019.
Amended by
129th General AssemblyFile No.169, HB 247,
§1, eff.
3/22/2013.
Effective Date: 04-06-2007
.
The physical therapy section of the Ohio occupational therapy,
physical therapy, and athletic trainers board, subject to the approval of the
controlling board, may establish fees in excess of the amounts provided by
sections 4755.42,
4755.421,
4755.45,
4755.451, and
4755.46 of the Revised Code,
provided that such fees do not exceed those amounts by more than fifty per
cent.
Effective Date:
04-06-2007 .
| (A) |
Each person
who desires to practice physical therapy shall file with
the physical therapy
section of the Ohio occupational therapy, physical therapy, and athletic
trainers board an application that includes the following:
| (3) |
Physical
description and photograph; |
| (4) |
Proof of completion of a master's or doctorate program of physical therapy
education that is accredited by a national physical therapy accreditation
agency recognized by the United States department of education and that
includes:
| (a) |
A minimum of
one hundred twenty academic semester credits or its equivalent, including
courses in the biological and other physical sciences; |
| (b) |
A
course in physical therapy education that has provided instruction in basic
sciences, clinical sciences, and physical therapy theory and
procedures. |
|
|
| (B) |
On
making application under division (A) of this section, the applicant shall pay
a fee of not more than one hundred twenty-five dollars for the
license. |
| (C) |
The physical
therapy section shall approve an application to sit for the examination
required under division (A) of section
4755.43
of the Revised Code not later than one hundred twenty days after receiving an
application that the section considers complete unless the board has done
either of the following:
| (1) |
Requested
documents relevant to the section's evaluation of the application; |
| (2) |
Notified the applicant in writing of the section's intent to deny a license and
the applicant's right to request a hearing in accordance with Chapter 119. of
the Revised Code to appeal the section's intent to deny a license. |
|
| (D) |
If the
section fails to comply with division (C) of this section, the section shall
refund one-half of the application fee to the applicant. |
Amended by
132nd General Assembly File No. TBD, HB 131, §1,
eff. 3/20/2019.
Effective Date:
06-28-1990;
04-06-2007 .
| (A) |
Each
applicant seeking licensure as a physical therapist assistant shall file with
the physical therapy
section of the Ohio occupational therapy, physical therapy, and athletic
trainers board an application that includes the following:
| (3) |
Physical
description and photograph; |
| (4) |
Proof of completion of a physical therapist assistant program of education
that is accredited by a national physical therapy accreditation agency
recognized by the United States department of education. |
|
| (B) |
On
making application under division (A) of this section, the applicant shall pay
a fee of not more than one hundred twenty-five dollars for the
license. |
| (C) |
| (1) |
The
physical therapy section shall approve an applicant to sit for the examination
required under division (A) of section
4755.431
of the Revised Code not later than one hundred twenty days after receiving an
application that the section considers complete unless the board has done
either of the following:
| (a) |
Requested
documents relevant to the section's evaluation of the application; |
| (b) |
Notified the applicant in writing of the section's intent to deny a license and
the applicant's right to request a hearing in accordance with Chapter 119. of
the Revised Code to appeal the section's intent to deny a license. |
|
| (2) |
If the
section fails to comply with division (C)(1) of this section, the section shall
refund half of the application fee to the applicant. |
|
Amended by
132nd General Assembly File No. TBD, HB 131, §1,
eff. 3/20/2019.
Effective Date:
04-06-2007 .
Except as provided in section
4755.45 of the Revised Code, to be
eligible to receive a license to practice as a physical therapist, an applicant
must pass both of the following:
| (A) |
A national physical therapy examination for physical therapists approved by the
physical therapy section of the Ohio occupational therapy, physical therapy,
and athletic trainers board that tests the applicant's knowledge of the basic
and applied sciences as they relate to physical therapy and physical therapy
theory and procedures. |
| (B) |
A
jurisprudence examination on Ohio's laws and rules governing the practice of
physical therapy that is approved by the physical therapy section. |
Effective Date:
06-30-1997;
04-06-2007 .
Except as provided in section
4755.451 of the Revised Code, to
be eligible to receive a license to practice as a physical therapist assistant,
an applicant must pass both of the following:
| (A) |
A national physical therapy examination for
physical therapist assistants approved by the physical therapy section of the
Ohio occupational therapy, physical therapy, and athletic trainers board.
|
| (B) |
A jurisprudence examination
approved by the physical therapy section on Ohio's laws and rules governing the
practice of physical therapy. |
Effective Date:
04-06-2007 .
If an applicant passes the examination or examinations required
under section
4755.43 of the Revised Code and
pays the fee required by division (B) of section
4755.42 of the Revised Code, the
physical therapy section of the Ohio occupational therapy, physical therapy,
and athletic trainers board shall issue a license, attested by the seal of the
board, to the applicant to practice as a physical therapist.
Effective Date:
04-16-1993;
04-06-2007 .
If an applicant passes the examination or examinations required
under section
4755.431 of the Revised Code and
pays the fee required by division (B) of section
4755.421 of the Revised Code, the
physical therapy section of the Ohio occupational therapy, physical therapy,
and athletic trainers board shall issue a license, attested by the seal of the
board, to the applicant to practice as physical therapist assistant.
Effective Date:
04-06-2007 .
| (A) |
The
physical therapy section of the Ohio occupational therapy, physical therapy,
and athletic trainers board shall issue to an applicant a license to practice
as a physical therapist without requiring the applicant to have passed the
national examination for physical therapists described in division (A) of
section 4755.43 of the Revised Code within
one year of filing an application described in section
4755.42 of the Revised Code if all
of the following are true:
| (1) |
The applicant
presents evidence satisfactory to the physical therapy section that the
applicant received a score on the national physical therapy examination
described in division (A) of section
4755.43 of the Revised Code that
would have been a passing score according to the board in the year the
applicant sat for the examination; |
| (2) |
The applicant presents evidence
satisfactory to the physical therapy section that the applicant passed the
jurisprudence examination described in division (B) of section
4755.43 of the Revised Code;
|
| (3) |
The applicant holds a current
and valid license or registration to practice physical therapy in another state
or country; |
| (4) |
Subject to division
(B) of this section, the applicant can demonstrate that the applicant's
education is reasonably equivalent to the educational requirements that were in
force for licensure in this state on the date of the applicant's initial
licensure or registration in the other state or country; |
| (5) |
The applicant pays the fee described in
division (B) of section
4755.42 of the Revised Code;
|
| (6) |
The applicant is not in
violation of any section of this chapter or rule adopted under it.
|
|
| (B) |
For purposes of
division (A)(4) of this section, if, after receiving the results of an
equivalency evaluation from a credentialing organization identified by the
section pursuant to rules adopted under section
4755.411 of the Revised Code, the
section determines that regardless of the results of the evaluation the
applicant's education is not reasonably equivalent to the educational
requirements that were in force for licensure in this state on the date of the
applicant's initial licensure or registration in another state or foreign
country, the section shall send a written notice to the applicant stating that
the section is denying the applicant's application and stating the specific
reason why the section is denying the applicant's application. The section
shall send the notice to the applicant through certified mail within thirty
days after the section makes that determination. |
Effective Date:
04-16-1993;
04-06-2007 .
| (A) |
The physical
therapy section of the Ohio occupational therapy, physical therapy, and
athletic trainers board shall issue to an applicant a license as a physical
therapist assistant without requiring the applicant to have passed the national
examination for physical therapist assistants described in division (A) of
section
4755.431
of the Revised Code within one year of filing an application described in
section
4755.421
of the Revised Code if all of the following are true:
| (1) |
The applicant
presents evidence satisfactory to the physical therapy section that the
applicant received a score on the national physical therapy examination
described in division (A) of section
4755.431
of the Revised Code that would have been a passing score according to the board
in the year the applicant sat for the examination; |
| (2) |
The applicant
presents evidence satisfactory to the physical therapy section that the
applicant passed the jurisprudence examination described in division (B) of
section
4755.431
of the Revised Code; |
| (3) |
The applicant holds a current and valid license or
registration to practice as a physical therapist assistant in another state
or country; |
| (4) |
Subject to
division (B) of this section, the applicant can demonstrate that the
applicant's education is reasonably equivalent to the educational requirements
that were in force for licensure in this state on the date of the applicant's
initial licensure or registration in the other state or
country; |
| (5) |
The applicant
pays the fee described in division (B) of section
4755.421
of the Revised Code; |
| (6) |
The applicant is not in violation of any section
of this chapter or rule adopted under it. |
|
| (B) |
For purposes of division (A)(4) of this section, if,
after receiving the results of an equivalency evaluation from a credentialing
organization identified by the section pursuant to rules adopted under section
4755.411
of the Revised Code, the section determines that, regardless of the results of
the evaluation, the applicant's education is not reasonably equivalent to the
educational requirements that were in force for licensure in this state on the
date of the applicant's initial licensure or registration in another state or
foreign country, the section shall send a written notice to the applicant
stating that the section is denying the applicant's application and stating the
specific reason why the section is denying the applicant's application. The
section shall send the notice to the applicant through certified mail within
thirty days after the section makes the determination. |
Amended by
132nd General Assembly File No. TBD, HB 131, §1,
eff. 3/20/2019.
Effective Date: 2006 HB406
04-06-2007 .
| (A) |
Every
license to practice as a physical therapist or physical therapist assistant
expires biennially in accordance with the schedule established in rules adopted
by the physical therapy section of the Ohio occupational therapy, physical
therapy, and athletic trainers board under section
4755.411 of the Revised Code. Each
individual holding a valid and current license may apply to the physical
therapy section to renew the license in accordance with rules adopted by the
board under section
4755.411 of the Revised Code. Each
application for license renewal shall be accompanied by a biennial renewal fee
of not more than one hundred twenty-five dollars and, if applicable, the
applicant's signed statement that the applicant completed the continuing
education required under section
4755.51 or 4755.551 of the Revised
Code within the time frame established in rules adopted by the physical therapy
section under section
4755.411 of the Revised Code. A
license that is not renewed by the last day for renewal established in rules
shall automatically expire on that date. |
| (B) |
Each licensee shall report to the section in
writing a change in name, business address, or home address not later than
thirty days after the date of the change. |
Effective Date:
04-16-1993;
04-06-2007 .
| (A) |
In
accordance with Chapter 119. of the Revised Code, the physical therapy section
of the Ohio occupational therapy, physical therapy, and athletic trainers board
may refuse to grant a license to an applicant for an initial or renewed license
as a physical therapist or physical therapist assistant or, by an affirmative
vote of not less than five members, may limit, suspend, or revoke the license
of a physical therapist or physical therapist assistant or reprimand, fine,
place a license holder on probation, or require the license holder to take
corrective action courses, on any of the following grounds:
| (1) |
Habitual indulgence in the use of controlled substances, other habit-forming
drugs, or alcohol to an extent that affects the individual's professional
competency; |
| (2) |
Conviction of a felony or a crime involving moral turpitude, regardless of the
state or country in which the conviction occurred; |
| (3) |
Obtaining or attempting to obtain a license issued by the physical therapy
section by fraud or deception, including the making of a false, fraudulent,
deceptive, or misleading statement; |
| (4) |
An adjudication by a court, as provided in section 5122.301 of the Revised
Code, that the applicant or licensee is incompetent for the purpose of holding
the license and has not thereafter been restored to legal capacity for that
purpose; |
| (5) |
Subject
to section 4755.471 of the Revised Code, violation of the code of ethics
adopted by the physical therapy section; |
| (6) |
Violating or attempting to violate, directly or indirectly, or assisting in or
abetting the violation of or conspiring to violate sections 4755.40 to 4755.56
of the Revised Code or any order issued or rule adopted under those
sections; |
| (7) |
Failure
of one or both of the examinations required under section 4755.43 or 4755.431
of the Revised Code; |
| (8) |
Permitting the use of one's name or license by a person, group, or corporation
when the one permitting the use is not directing the treatment given; |
| (9) |
Denial, revocation, suspension, or restriction of authority to practice a
health care occupation, including physical therapy, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction; |
| (10) |
Failure to maintain minimal standards of practice in the administration or
handling of drugs, as defined in section 4729.01 of the Revised Code, or
failure to employ acceptable scientific methods in the selection of drugs, as
defined in section 4729.01 of the Revised Code, or other modalities for
treatment; |
| (11) |
Willful
betrayal of a professional confidence; |
| (12) |
Making a false, fraudulent, deceptive, or misleading statement in the
solicitation of or advertising for patients in relation to the practice of
physical therapy; |
| (13) |
A
departure from, or the failure to conform to, minimal standards of care
required of licensees when under the same or similar circumstances, whether or
not actual injury to a patient is established; |
| (14) |
Obtaining, or attempting to obtain, money or anything of value by fraudulent
misrepresentations in the course of practice; |
| (15) |
Violation of the conditions of limitation or agreements placed by the physical
therapy section on a license to practice; |
| (16) |
Failure to renew a license in accordance with section 4755.46 of the Revised
Code; |
| (17) |
Except
as provided in section 4755.471 of the Revised Code, engaging in the division
of fees for referral of patients or receiving anything of value in return for a
specific referral of a patient to utilize a particular service or
business; |
| (18) |
Inability to practice according to acceptable and prevailing standards of care
because of mental illness or physical illness, including physical deterioration
that adversely affects cognitive, motor, or perception skills; |
| (19) |
The revocation, suspension, restriction, or termination of clinical privileges
by the United States department of defense or department of veterans
affairs; |
| (20) |
Termination or suspension from participation in the medicare or medicaid
program established under Title XVIII and Title XIX, respectively, of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, for an
act or acts that constitute a violation of sections 4755.40 to 4755.56 of the
Revised Code; |
| (21) |
Failure
of a physical therapist to maintain supervision of a student, physical
therapist assistant, unlicensed support personnel, other assistant personnel,
or a license applicant in accordance with the requirements of sections 4755.40
to 4755.56 of the Revised Code and rules adopted under those
sections; |
| (22) |
Failure
to complete continuing education requirements as prescribed in section 4755.51
or 4755.511 of the Revised Code or to satisfy any rules applicable to
continuing education requirements that are adopted by the physical therapy
section; |
| (23) |
Conviction of a misdemeanor when the act that constitutes the misdemeanor
occurs during the practice of physical therapy; |
| (24) |
| (a) |
Except as provided in division (A)(24)(b) of this section, failure to cooperate
with an investigation conducted by the physical therapy section, including
failure to comply with a subpoena or orders issued by the section or failure to
answer truthfully a question presented by the section at a deposition or in
written interrogatories. |
| (b) |
Failure to cooperate with an investigation does not constitute grounds for
discipline under this section if a court of competent jurisdiction issues an
order that either quashes a subpoena or permits the individual to withhold the
testimony or evidence at issue. |
|
| (25) |
Regardless of whether the contact or verbal behavior is consensual, engaging
with a patient other than the spouse of the physical therapist or physical
therapist assistant, in any of the following:
| (a) |
Sexual contact, as defined in section 2907.01 of the Revised Code; |
| (b) |
Verbal behavior that is sexually demeaning to the patient or may be reasonably
interpreted by the patient as sexually demeaning. |
|
| (26) |
Failure to notify the physical therapy section of a change in name, business
address, or home address within thirty days after the date of change; |
| (27) |
Except as provided in division (B) of this section:
| (a) |
Waiving the payment of all or any part of a deductible or copayment that a
patient, pursuant to a health insurance or health care policy, contract, or
plan that covers physical therapy, would otherwise be required to pay if the
waiver is used as an enticement to a patient or group of patients to receive
health care services from that provider; |
| (b) |
Advertising that the individual will waive the payment of all or any part of a
deductible or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers physical therapy, would
otherwise be required to pay; |
|
| (28) |
Violation of any section of this chapter or rule adopted under
it. |
|
| (B) |
Sanctions shall not be imposed under division
(A)(27) of this section against any individual who waives deductibles and
copayments as follows:
| (1) |
In
compliance with the health benefit plan that expressly allows such a practice.
Waiver of the deductibles or copayments shall be made only with the full
knowledge and consent of the plan purchaser, payer, and third-party
administrator. Documentation of the consent shall be made available to the
physical therapy section upon request. |
| (2) |
For professional services rendered to any other person licensed pursuant to
sections 4755.40 to 4755.56 of the Revised Code to the extent allowed by those
sections and the rules of the physical therapy section. |
|
| (C) |
When a license is revoked under this section, application for reinstatement may
not be made sooner than one year after the date of revocation. The physical
therapy section may accept or refuse an application for reinstatement and may
require that the applicant pass an examination as a condition for
reinstatement. When a license holder
is placed on probation under this section, the physical therapy section's order
for placement on probation shall be accompanied by a statement of the
conditions under which the individual may be removed from probation and
restored to unrestricted practice.
|
| (D) |
When an application for an initial or renewed license is refused under this
section, the physical therapy section shall notify the applicant in writing of
the section's decision to refuse issuance of a license and the reason for its
decision. |
| (E) |
On receipt of a complaint that a person licensed
by the physical therapy section has committed any of the actions listed in
division (A) of this section, the physical therapy section may 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
if it determines, based on the complaint, that the person poses an immediate
threat to the public. The physical therapy section may
review the allegations and vote on the suspension by telephone conference call.
If the physical therapy section votes to suspend a license under this division,
the physical therapy section shall issue a written
order of summary suspension to the person in accordance with section 119.07 of the Revised Code.
If the person fails to make a timely request for an adjudication under Chapter
119. of the Revised Code, the physical therapy section shall enter a final
order permanently revoking the person's license. Notwithstanding section 119.12 of the Revised Code, a court
of common pleas shall not grant a suspension of the physical therapy section's
order of summary suspension pending the determination of an appeal filed under
that section. Any order of summary suspension issued under this division shall
remain in effect, unless reversed on appeal, until a final adjudication order
issued by the physical therapy section pursuant to division (A) of this section
becomes effective. The physical therapy section shall issue its final
adjudication order regarding an order of summary suspension issued under this
division not later than ninety days after completion of its hearing. Failure to
issue the order within ninety days shall result in immediate dissolution of the
suspension order, but shall not invalidate any subsequent, final adjudication
order. |
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.169, HB 247,
§1, eff.
3/22/2013.
Effective Date:
04-10-1998; 04-06-2007
| (A) |
An individual whom the physical therapy section of
the Ohio occupational therapy, physical therapy, and athletic trainers board
licenses, certificates, or otherwise legally authorizes to engage in the
practice of physical therapy may render the professional services of a physical
therapist within this state through a corporation formed under division (B) of
section 1701.03 of the Revised Code, a limited liability company formed under
Chapter 1705. of the Revised Code, a partnership, or a professional association
formed under Chapter 1785. of the Revised Code. This division does not preclude
an individual of that nature from rendering professional services as a physical
therapist through another form of business entity, including, but not limited
to, a nonprofit corporation or foundation, or in another manner that is
authorized by or in accordance with sections 4755.40 to 4755.53 of the Revised
Code, another chapter of the Revised Code, or rules of the Ohio occupational
therapy, physical therapy, and athletic trainers board adopted pursuant to
sections 4755.40 to 4755.53 of the Revised Code. |
| (B) |
A
corporation, limited liability company, partnership, or professional
association described in division (A) of this section may be formed for the
purpose of providing a combination of the professional services of the
following individuals who are licensed, certificated, or otherwise legally
authorized to practice their respective professions:
| (1) |
Optometrists who are authorized to practice optometry under Chapter 4725. of
the Revised Code; |
| (2) |
Chiropractors who are authorized to practice chiropractic or acupuncture under
Chapter 4734. of the Revised Code; |
| (3) |
Psychologists who are authorized to practice psychology under Chapter 4732. of
the Revised Code; |
| (4) |
Registered
or licensed practical nurses who are authorized to practice nursing as
registered nurses or as licensed practical nurses under Chapter 4723. of the
Revised Code; |
| (5) |
Pharmacists
who are authorized to practice pharmacy under Chapter 4729. of the Revised
Code; |
| (6) |
Physical
therapists who are authorized to practice physical therapy under sections
4755.40 to 4755.56 of the Revised Code; |
| (7) |
Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the Revised
Code; |
| (8) |
Mechanotherapists who are authorized to practice mechanotherapy under section
4731.151 of the Revised Code; |
| (9) |
Doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery who are authorized for their respective practices under Chapter
4731. of the Revised Code; |
| (10) |
Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social workers,
independent marriage and family therapists, or marriage and family therapists
who are authorized for their respective practices under Chapter 4757. of the
Revised Code. This division shall apply
notwithstanding a provision of a code of ethics applicable to a physical
therapist that prohibits a physical therapist from engaging in the practice of
physical therapy in combination with a person who is licensed, certificated, or
otherwise legally authorized to practice optometry, chiropractic, acupuncture
through the state chiropractic board, psychology, nursing, pharmacy,
occupational therapy, mechanotherapy, medicine
and surgery, osteopathic medicine and surgery,
podiatric medicine and surgery, professional
counseling, social work, or marriage and family therapy, but who is not
also licensed, certificated, or otherwise legally authorized to engage in the
practice of physical therapy.
|
|
Amended by
130th General Assembly File No. TBD, HB 232, §1,
eff. 7/10/2014.
Effective Date:
03-22-1999; 2007 SB33 08-22-2007
| (A) |
No person shall employ fraud or deception in
applying for or securing a license to practice physical therapy or to be a
physical therapist assistant. |
| (B) |
No
person shall practice or in any way imply or claim to the public by words,
actions, or the use of letters as described in division (C) of this section to
be able to practice physical therapy or to provide physical therapy services,
including practice as a physical therapist assistant, unless the person holds a
valid license under sections
4755.40 to
4755.56 of the Revised Code or
except for submission of claims as provided in section
4755.56 of the Revised
Code. |
| (C) |
No person shall use the words or letters, physical
therapist, physical therapy, physical therapy services, physiotherapist,
physiotherapy, physiotherapy services, licensed physical therapist, P.T.,
Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., M.S.P.T., P.T.A., physical
therapy assistant, physical therapist assistant, physical therapy technician,
licensed physical therapist assistant, L.P.T.A., R.P.T.A., or any other
letters, words, abbreviations, or insignia, indicating or implying that the
person is a physical therapist or physical therapist assistant without a valid
license under sections
4755.40 to
4755.56 of the Revised
Code. |
| (D) |
No person who practices physical therapy or
assists in the provision of physical therapy treatments under the supervision
of a physical therapist shall fail to display the person's current license
granted under sections
4755.40 to
4755.56 of the Revised Code in a
conspicuous location in the place where the person spends the major part of the
person's time so engaged. |
| (E) |
Nothing in sections 4755.40 to
4755.56 of the Revised Code
shall affect or interfere with the performance of the duties of any physical
therapist or physical therapist assistant in active service in the army, navy,
coast guard, marine corps, air force, public health service, or marine hospital
service of the United States, while so serving. |
| (F) |
Nothing in sections 4755.40 to
4755.56 of the Revised Code
shall prevent or restrict the activities or services of a person pursuing a
course of study leading to a degree in physical therapy in an accredited or
approved educational program if the activities or services constitute a part of
a supervised course of study and the person is designated by a title that
clearly indicates the person's status as a student. |
| (G) |
| (1) |
Subject to division (G)(2) of this section, nothing in sections
4755.40 to
4755.56 of the Revised Code
shall prevent or restrict the activities or services of any person who holds a
current, unrestricted license to practice physical therapy in another state
when that person, pursuant to contract or employment with an athletic team
located in the state in which the person holds the license, provides physical
therapy to any of the following while the team is traveling to or from or
participating in a sporting event in this state:
| (a) |
A
member of the athletic team; |
| (b) |
A
member of the athletic team's coaching, communications, equipment, or sports
medicine staff; |
| (c) |
A member of
a band or cheerleading squad accompanying the athletic team; |
| (d) |
The
athletic team's mascot. |
|
| (2) |
In
providing physical therapy pursuant to division (G)(1) of this section, the
person shall not do either of the following:
| (a) |
Provide physical therapy at a health care facility; |
| (b) |
Provide physical therapy for more than sixty days in a calendar
year. |
|
|
| (H) |
| (1) |
Except as provided in division (H)(2) of this section and subject to division
(I) of this section, no person shall practice physical therapy other than on
the prescription of, or the referral of a patient by, a person who is licensed
in this or another state to do at least one of the following:
| (a) |
Practice medicine and surgery, chiropractic, dentistry, osteopathic medicine
and surgery, podiatric medicine and surgery; |
| (b) |
Practice as a physician assistant; |
| (c) |
Practice nursing as an advanced practice
registered nurse . |
|
| (2) |
The prohibition in division (H)(1) of this section on practicing physical
therapy other than on the prescription of, or the referral of a patient by, any
of the persons described in that division does not apply if either of the
following applies to the person:
| (a) |
The person
holds a master's or doctorate degree from a professional physical therapy
program that is accredited by a national physical therapy accreditation agency
recognized by the United States department of education. |
| (b) |
On
or before December 31, 2004, the person has completed at least two years of
practical experience as a licensed physical therapist. |
|
|
| (I) |
To be authorized to prescribe physical therapy or
refer a patient to a physical therapist for physical therapy, a person
described in division (H)(1) of this section must be in good standing with the
relevant licensing board in this state or the state in which the person is
licensed and must act only within the person's scope of practice. |
| (J) |
In
the prosecution of any person for violation of division (B) or (C) of this
section, it is not necessary to allege or prove want of a valid license to
practice physical therapy or to practice as a physical therapist assistant, but
such matters shall be a matter of defense to be established by the
accused. |
Amended by
131st General Assembly File No. TBD, HB 216, §1,
eff. 4/6/2017.
Amended by
129th General AssemblyFile No.161, HB 284,
§1, eff.
3/22/2013.
Effective Date:
05-04-2004; 09-29-2005; 04-06-2007
| (A) |
If a physical therapist evaluates and treats a
patient without the prescription of, or the referral of the patient by, a
person described in division (H)(1) of section
4755.48 of the Revised Code, all
of the following apply:
| (1) |
The physical
therapist shall, upon consent of the patient, inform the relevant person
described in division (H)(1) of
section 4755.48 of the Revised Code of
the evaluation not later than five business days after the evaluation is
made. |
| (2) |
If the
physical therapist determines, based on reasonable evidence, that no
substantial progress has been made with respect to that patient during the
thirty-day period immediately following the date of the patient's initial visit
with the physical therapist, the physical therapist shall consult with or refer
the patient to a person described in division (H)(1) of
section 4755.48 of the Revised Code,
unless either of the following applies:
| (a) |
The
evaluation, treatment, or services are being provided for fitness, wellness, or
prevention purposes. |
| (b) |
The patient
previously was diagnosed with chronic, neuromuscular, or developmental
conditions and the evaluation, treatment, or services are being provided for
problems or symptoms associated with one or more of those previously diagnosed
conditions. |
|
| (3) |
If the
physical therapist determines that orthotic devices are necessary to treat the
patient, the physical therapist shall be limited to the application of the
following orthotic devices:
| (a) |
Upper
extremity adaptive equipment used to facilitate the activities of daily
living; |
| (d) |
Prefabricated elastic or fabric abdominal supports with or without metal or
plastic reinforcing stays and other prefabricated soft goods requiring minimal
fitting; |
| (e) |
Nontherapeutic accommodative inlays; |
| (f) |
Shoes that are not manufactured or modified for a particular
individual; |
| (g) |
Prefabricated foot care products; |
| (h) |
Custom foot orthotics; |
| (i) |
Durable
medical equipment. |
|
| (4) |
If,
at any time, the physical therapist has reason to believe that the patient has
symptoms or conditions that require treatment or services beyond the scope of
practice of a physical therapist, the physical therapist shall refer the
patient to a licensed health care practitioner acting within the practitioner's
scope of practice. |
|
| (B) |
Nothing in sections 4755.40 to
4755.56 of the Revised Code
shall be construed to require reimbursement under any health insuring
corporation policy, contract, or agreement, any sickness and accident insurance
policy, the medicaid program, or the health partnership program or qualified
health plans established pursuant to sections
4121.44 to
4121.442 of the Revised Code,
for any physical therapy service rendered without the prescription of, or the
referral of the patient by, a person described in division
(H)(1)
of section 4755.48 of the Revised
Code. |
| (C) |
For purposes of this section, "business day" means
any calendar day that is not a Saturday, Sunday, or legal holiday. "Legal
holiday" has the same meaning as in section
1.14 of the Revised
Code. |
Amended by
131st General Assembly File No. TBD, HB 216, §1,
eff. 4/6/2017.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.161, HB 284,
§1, eff.
3/22/2013.
Effective Date:
05-04-2004; 12-30-2004; 06-27-2005
| (A) |
Except as
otherwise provided in Cdivisions (B) and (C) of this section, a person shall
not teach a physical therapy theory and procedures course in physical therapy
education without obtaining a license as a physical therapist from the physical
therapy section of the Ohio occupational therapy, physical therapy, and
athletic trainers board. |
| (B) |
A
person who is registered or licensed as a physical therapist under the laws of
another state shall not teach a physical therapy theory and procedures course
in physical therapy education for more than one year without obtaining a
license as a physical therapist from the physical therapy section. |
| (C) |
A person who is registered or licensed
as a physical therapist under the laws of a foreign country and is not
registered or licensed as a physical therapist in any state who wishes to teach
a physical therapy theory and procedures course in physical therapy education
in this state, or an institution that wishes the person to teach such a course
at the institution, may apply to the physical therapy section to request
authorization for the person to teach such a course for a period of not more
than one year. Any member of the physical therapy section may approve the
person's or institution's application. No person described in this division
shall teach such a course for longer than one year without obtaining a license
from the physical therapy section. |
| (D) |
The physical therapy section may investigate any
person who allegedly has violated this section. The physical therapy section
has the same powers to investigate an alleged violation of this section as
those powers specified in section
4755.02 of the Revised Code. If,
after investigation, the physical therapy section determines that reasonable
evidence exists that a person has violated this section, within seven days
after that determination, the physical therapy section shall send a written
notice to that person in the same manner as prescribed in section
119.07 of the Revised Code for
licensees, except that the notice shall specify that a hearing will be held and
specify the date, time, and place of the hearing. The physical therapy section
shall hold a hearing regarding the alleged violation in the same manner
prescribed for an adjudication hearing under section
119.09 of the Revised Code. If the
physical therapy section, after the hearing, determines a violation has
occurred, the physical therapy section may discipline the person in the same
manner as the physical therapy section disciplines licensees under section
4755.47 of the Revised Code. The
physical therapy section's determination is an order that the person may appeal
in accordance with section
119.12 of the Revised Code. If a
person who allegedly committed a violation of this section fails to appear for
a hearing, the physical therapy section may request the court of common pleas
of the county where the alleged violation occurred to compel the person to
appear before the physical therapy section for a hearing. If the physical
therapy section assesses a person a civil penalty for a violation of this
section and the person fails to pay that civil penalty within the time period
prescribed by the physical therapy section, the physical therapy section shall
forward to the attorney general the name of the person and the amount of the
civil penalty for the purpose of collecting that civil penalty. In addition to
the civil penalty assessed pursuant to this section, the person also shall pay
any fee assessed by the attorney general for collection of the civil penalty.
|
Effective Date:
04-06-2007 .
Effective Date:
09-29-1997;
04-06-2007 .
Nothing in this chapter shall be construed to prevent or
restrict the practice of any person who is a licensed health care professional
in this state while practicing within the scope of the person's license and
according to the standards and ethics of the person's profession, or of any
person employed by or acting under the supervision of that licensed health care
professional. Services rendered by a person acting under the supervision or in
the employment of a licensed health care professional shall not be designated
physical therapy.
Effective Date:
03-27-1991;
04-06-2007 .
Except in the case of a first license renewal, a physical
therapist is eligible for renewal of the physical therapist's license only if
the physical therapist has completed twenty-four units of continuing education
in one or more courses, activities, or programs approved by the physical
therapy section of the Ohio occupational therapy, physical therapy, and
athletic trainers board. On request of the physical therapy section, an
applicant for license renewal shall submit evidence satisfactory to the section
of completion of the required continuing physical therapy education.
Effective Date:
04-16-1993;
04-06-2007 .
Except in the case of a first license renewal, a physical
therapist assistant is eligible for renewal of the physical therapist
assistant's license only if the physical therapist assistant has completed
twelve units of continuing education in one or more courses, activities, or
programs approved by the physical therapy section of the Ohio occupational
therapy, physical therapy, and athletic trainers board. On request of the
physical therapy section, an applicant for license renewal shall submit
evidence satisfactory to the section of completion of the required continuing
physical therapist assistant education.
Effective Date:
04-06-2007 .
| (A) |
In
accordance with Chapter 119. of the Revised Code, the physical therapy section
of the Ohio occupational therapy, physical therapy, and athletic trainers board
shall adopt rules specifying standards, in addition to the standards specified
by division (B) of this section, for approval of continuing education courses,
programs, and activities for physical therapists and physical therapist
assistants. |
| (B) |
To be eligible
for approval by the physical therapy section, a continuing education course,
program, or activity shall meet all of the following requirements:
| (1) |
Include significant intellectual or
practical content, the primary objective of which is to improve the
professional competence of the participant; |
| (2) |
Be an organized program of learning
dealing with matters directly related to the practice of physical therapy,
professional responsibility, ethical obligations, or similar subjects that the
section determines maintain and improve the quality of physical therapy
services in this state; |
| (3) |
Consist
of in-person instruction or other methods of instruction, including the use of
self-study materials prepared and conducted by an individual or a group
qualified by practical or academic experience as determined by the section;
|
| (4) |
Be presented in a setting
physically suited to the educational activity of the course, program, or
activity; |
| (5) |
Include thorough,
high-quality written material; |
| (6) |
Meet any other standards established by rule of the section adopted under
division (A) of this section. |
|
| (C) |
The physical therapy section shall review physical
therapy continuing education programs, courses, and activities and grant
approval to those that meet the standards established under divisions (A) and
(B) of this section. If the section denies approval of a course, program, or
activity, it shall give a written explanation of the reason for denial to the
person requesting approval. The physical therapy section may approve continuing
education courses, programs, and activities that have been approved by an
agency in another state that governs the licensure of physical therapists and
physical therapist assistants if the section determines that the standards for
continuing education courses established by the agency are comparable to those
established pursuant to this section. The physical therapy section may contract
with the Ohio chapter of the American physical therapy association for
assistance in performance of the section's duties under this section.
|
Effective Date:
04-16-1993;
04-06-2007 .
| (A) |
Subject to
division (B) of this section, the physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers board shall grant
continuing education units to a licensed physical therapist or physical
therapist assistant as follows:
| (1) |
For
completing an approved continuing education course, program, or activity, one
unit for each hour of instruction received; |
| (2) |
For teaching as a faculty member of an
institution of higher education a course that is part of the curriculum of the
institution, one-half unit for each semester hour of the course, or an
equivalent portion of a unit, as determined by the section, for each quarter or
trimester hour of the course; |
| (3) |
For teaching an approved course that is part of the curriculum of an
institution of higher education other than as a faculty member, one unit for
each hour of teaching the course; |
| (4) |
For teaching an approved course, program,
or activity, other than a course that is part of the curriculum of an
institution of higher education, three units for each hour of teaching the
course, program, or activity the first time and one-half unit for each hour of
teaching the course, program, or activity any time after the first time;
|
| (5) |
For authoring a published
article or book, up to ten units as determined by the physical therapy section.
|
|
| (B) |
The physical
therapy section shall grant no more than twelve units of continuing education
for teaching during a biennial renewal period. |
| (C) |
The physical therapy section may contract with the
Ohio chapter of the American physical therapy association for assistance in
performance of the section's duties under this section. |
Effective Date:
04-16-1993 .
| (A) |
As used in
this section:
| (1) |
"Governmental health care
program" has the same meaning as in section
4731.65 of the Revised Code.
|
| (2) |
"Third-party payer" has the
same meaning as in section
3901.38 of the Revised Code.
|
|
| (B) |
| (1) |
Except as provided in division (B)(2) of this
section, each person and governmental entity, when submitting to a governmental
health care program or third-party payer a claim for payment for services
rendered in this state that are designated in the claim as physical therapy,
shall specify in the claim one of the following:
| (a) |
The national provider identifier that is
assigned by the United States secretary of health and human services or the
secretary's designee pursuant to
45 C.F.R. 162.406 and
162.408 to the physical therapist
licensed under this chapter who rendered the services; |
| (b) |
The national provider identifier that is
assigned by the United States secretary of health and human services or the
secretary's designee pursuant to
45 C.F.R. 162.406 and
162.408 to the health care
professional who rendered the services in accordance with section
4755.50 of the Revised Code.
|
|
| (2) |
The requirement of
division (B)(1) of this section to specify the national provider identifiers on
claims for services designated as physical therapy does not apply to a
hospital, as defined in section
3727.01 of the Revised Code, or to
any entity submitting a claim on behalf of a hospital unless otherwise required
by federal law. |
|
| (C) |
Each physical therapist licensed under this chapter who renders or supervises
physical therapy, and each health care professional licensed in this state who
renders services in accordance with section
4755.50 of the Revised Code
designated as physical therapy, shall provide a patient, when the patient is
responsible for submitting a claim to a governmental health care program or
third-party payer, with the physical therapist's or health care professional's
national provider identifier and a written explanation of the provisions of
divisions (B)(1) and (D) of this section. |
| (D) |
A governmental health care program or third-party
payer is not required to pay a claim for payment for services designated as
physical therapy that does not specify the national provider identifiers
required by division (B)(1) of this section. If the claim was submitted by the
physical therapist who rendered or supervised the services, another health care
professional who rendered or supervised the services in accordance with section
4755.50 of the Revised Code, or an
entity other than a patient on behalf of the therapist or health care
professional, the patient is not required to pay any amount for the services
specified in the claim. |
Effective Date:
11-24-1995;
04-06-2007 .
As used in sections 4755.60 to
4755.65 and
4755.99 of the Revised Code:
| (A) |
"Athletic training" means the
practice of prevention, recognition, and assessment of an athletic injury and
the complete management, treatment, disposition, and reconditioning of acute
athletic injuries upon the referral of an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery, osteopathic
medicine and surgery, or podiatry, a dentist licensed under Chapter 4715. of
the Revised Code, a physical therapist licensed under this chapter, or a
chiropractor licensed under Chapter 4734. of the Revised Code. Athletic
training includes the administration of topical drugs that have been prescribed
by a licensed health professional authorized to prescribe drugs, as defined in
section 4729.01 of the Revised Code.
Athletic training also includes the organization and administration of
educational programs and athletic facilities, and the education of and
consulting with the public as it pertains to athletic training. |
| (B) |
"Athletic trainer" means a person who
meets the qualifications of this chapter for licensure and who is employed by
an educational institution, professional or amateur organization, athletic
facility, or health care facility to practice athletic training. |
| (C) |
"The national athletic trainers
association, inc." means the national professional organization of athletic
trainers that provides direction and leadership for quality athletic training
practice, education, and research. |
| (D) |
"Athletic injury" means any injury sustained by an
individual that affects the individual's participation or performance in
sports, games, recreation, exercise, or other activity that requires physical
strength, agility, flexibility, speed, stamina, or range of motion. |
Effective Date:
04-10-2001 .
| (A) |
The
athletic trainers section of the Ohio occupational therapy, physical therapy,
and athletic trainers board shall:
| (1) |
Adopt
rules, not inconsistent with this chapter, for the licensure of athletic
trainers, including rules that specify the application form and educational
course work and clinical experience requirements for licensure and rules that
prescribe requirements for criminal records checks of applicants under section
4776.03 of the Revised Code;
|
| (2) |
Establish and deposit fees in
accordance with division (B) of this section and section
4755.03 of the Revised Code;
|
| (3) |
Conduct hearings, keep records
of its proceedings, and do all things necessary and proper to administer and
enforce sections
4755.60 to
4755.65 of the Revised Code;
|
| (4) |
Publish and make available,
upon request and for a fee not to exceed the actual cost of printing and
mailing, the requirements for the issuance of an athletic trainers license
under this chapter and the rules adopted under it; |
| (5) |
Maintain a register of every person
licensed to practice athletic training in this state, including the addresses
of the licensee's last known place of business and residence, and the effective
date and identification number of the person's license. The section shall make
this list available to any person upon request and payment of a fee not to
exceed the actual cost of printing and mailing. |
| (6) |
Publish and make available, upon request
and for a fee not to exceed the actual cost of printing and mailing, a list of
persons who passed the examination required under section
4755.62 of the Revised Code;
|
| (7) |
Investigate complaints
concerning alleged violations of section
4755.62 of the Revised Code or
other grounds for the suspension, revocation, or refusal to issue a license
under section
3123.47 or
4755.64 of the Revised Code. In
connection with its investigations, the athletic trainers section may subpoena
witnesses, issue subpoenas, examine witnesses, administer oaths, and, under the
direction of the executive director of the board, investigate complaints and
make inspections and other inquiries as in the judgment of the section are
appropriate to enforce sections
3123.41 to
3123.50 and this chapter of the
Revised Code. The section may review and audit the records of any licensee
during normal business hours at the licensee's place of business or at any
other place where the licensee's records are kept. Notwithstanding section
149.43 of the Revised Code, the
athletic trainers section and its employees, except pursuant to a court order,
shall maintain in confidence all information obtained. |
| (8) |
Adopt rules governing the nature and
scope of the examination required under section
4755.62 of the Revised Code and
the reexamination required under section
4755.63 of the Revised Code and
the minimum examination score for licensure or renewal thereof. The rules for
the examination required under section
4755.62 of the Revised Code shall
ensure the testing of the applicant's knowledge of the basic and clinical
sciences relating to athletic training theory and practice, including
professional skills and judgment in the utilization of athletic training
techniques and such other subjects as the athletic trainers section considers
useful in determining competency to practice athletic training. |
| (9) |
Conduct the examination required under
section 4755.62 of the Revised Code at
least twice a year at a time and place and under such supervision as the
athletic trainers section determines; |
| (10) |
Adopt rules to determine which states'
standards for licensure are equal to or greater than this state's for the
purpose of waiving requirements under division (D) of section
4755.62 of the Revised Code;
|
| (11) |
Adopt rules to determine which
examinations meet the requirements of division (E) of section
4755.62 of the Revised Code;
|
| (12) |
Adopt rules establishing the
standards of ethical conduct for licensed athletic trainers under this chapter;
|
| (13) |
Adopt rules specifying the
scope and nature of the continuing education courses that are acceptable to the
athletic trainers section and the number of courses that must be completed to
comply with the requirement for renewal of a license under section
4755.63 of the Revised Code.
|
| (14) |
Adopt rules establishing the
schedule when licenses to practice as an athletic trainer expire during a
biennium for purposes of section
4755.63 of the Revised Code.
|
|
| (B) |
The fees adopted by
the athletic trainers section pursuant to division (A)(2) of this section shall
be established and adjusted as required to provide sufficient revenues to meet
the expenses of the section in administering sections
4755.60 to
4755.66 of the Revised Code. The
fees shall include the following:
| (1) |
A
nonrefundable examination fee, not to exceed the amount necessary to cover the
expense of administering the examination; |
| (2) |
An initial license fee; |
| (3) |
A biennial license renewal fee;
|
| (4) |
A late renewal penalty, not to
exceed fifty per cent of the renewal fee. The athletic trainers section may, by
rule, provide for the waiver of all or part of a license fee if the license is
issued less than one hundred days before its expiration date.
|
|
| (C) |
All rules under
sections 4755.60 to
4755.65 of the Revised Code shall
be adopted by the athletic trainers section in accordance with Chapter 119. of
the Revised Code. |
Effective Date:
03-22-2001;
04-06-2007; 2007
HB104 03-24-2008
.
| (A) |
No person
shall claim to the public to be an athletic trainer or imply by words, actions,
or letters that the person is an athletic trainer, or otherwise engage in the
practice of athletic training, unless the person is licensed as an athletic
trainer pursuant to this chapter. |
| (B) |
Except as otherwise provided in division (B) of
section 4755.65 of the Revised Code, no
educational institution, partnership, association, or corporation shall
advertise or otherwise offer to provide or convey the impression that it is
providing athletic training unless an individual licensed as an athletic
trainer pursuant to this chapter is employed by, or under contract to, the
educational institution, partnership, association, or corporation and will be
performing the athletic training services to which reference is made.
|
| (C) |
To qualify for an athletic
trainers license, a person shall:
| (1) |
Have
satisfactorily completed an application for licensure in accordance with rules
adopted by the athletic trainers section of the Ohio occupational therapy,
physical therapy, and athletic trainers board under section
4755.61 of the Revised Code;
|
| (2) |
Have paid the examination fee
required under this section; |
| (3) |
Be
of good moral character; |
| (4) |
Have
shown, to the satisfaction of the athletic trainers section,that the applicant
has received a baccalaureate or higher degree from an institution of higher
education, approved by the athletic trainers section of the board and the
federal regional accreditation agency and recognized by the council on
postsecondary accreditation, and has satisfactorily completed the educational
course work requirements established by rule of the athletic trainers section
under section
4755.61 of the Revised Code.
|
| (5) |
In addition to educational
course work requirements, have obtained supervised clinical experience that
meets the requirements established in rules adopted by the athletic trainers
section under section
4755.61 of the Revised Code;
|
| (6) |
Have passed an examination
adopted by the athletic trainers section under division (A)(8) of section
4755.61 of the Revised Code. Each
applicant for licensure shall pay, at the time of application, the
nonrefundable examination fee set by the athletic trainers section.
|
|
| (D) |
The section may
waive the requirements of division (C) of this section for any applicant who
presents proof of current licensure in another state whose standards for
licensure, as determined by the section, are equal to or greater than those in
effect in this state on the date of application. |
| (E) |
The section shall issue a license to every
applicant who complies with the requirements of division (C) of this section,
files the required application form, and pays the fees required by section
4755.61 of the Revised Code. A
license issued under this section entitles the holder to engage in the practice
of athletic training, claim to the public to be an athletic trainer, or to
imply by words or letters that the licensee is an athletic trainer. Each
licensee shall display the licensee's license in a conspicuous place at the
licensee's principal place of employment. |
Effective Date:
06-30-1997;
04-06-2007 .
Each license issued under section
4755.62 of the Revised Code
expires biennially in accordance with the schedule established in rules adopted
by the athletic trainers section of the Ohio occupational therapy, physical
therapy, and athletic trainers board under section
4755.61 of the Revised Code, but
each person holding a valid, unexpired license may apply to the athletic
trainers section,on forms approved by the section, for license renewal. The
section shall renew a license upon the payment of the license renewal fee
prescribed by section
4755.61 of the Revised Code,
submission of the renewal application, and submission to the section of proof
of satisfactory completion of the required number of continuing education
courses,as specified in rules adopted by the section under section
4755.61 of the Revised Code.
Effective Date:
09-29-1995;
04-06-2007 .
| (A) |
In
accordance with Chapter 119. of the Revised Code, the athletic trainers section
of the Ohio occupational therapy, physical therapy, and athletic trainers board
may suspend, revoke, or refuse to issue or renew an athletic trainers license,
or reprimand, fine, or place a licensee on probation, for any of the following:
| (1) |
Conviction of a felony or offense involving moral turpitude, regardless of the
state or country in which the conviction occurred; |
| (2) |
Violation of sections 4755.61 to 4755.65 of the Revised Code or any order
issued or rule adopted thereunder; |
| (3) |
Obtaining a license through fraud, false or misleading representation, or
concealment of material facts; |
| (4) |
Negligence or gross misconduct in the practice of athletic training; |
| (5) |
Violating the standards of ethical conduct in the practice of athletic training
as adopted by the athletic trainers section under section 4755.61 of the
Revised Code; |
| (6) |
Using any
controlled substance or alcohol to the extent that the ability to practice
athletic training at a level of competency is impaired; |
| (7) |
Practicing in an area of athletic training for which the individual is
untrained, incompetent, or practicing without the referral of a practitioner
licensed under Chapter 4731. of the Revised Code, a dentist licensed under
Chapter 4715. of the Revised Code, a chiropractor licensed under Chapter 4734.
of the Revised Code, or a physical therapist licensed under this
chapter; |
| (8) |
Employing, directing, or supervising a person in the performance of athletic
training procedures who is not authorized to practice as a licensed athletic
trainer under this chapter; |
| (9) |
Misrepresenting educational attainments or the functions the individual is
authorized to perform for the purpose of obtaining some benefit related to the
individual's athletic training practice; |
| (10) |
Failing the licensing examination; |
| (11) |
Aiding or abetting the unlicensed practice of athletic training; |
| (12) |
Denial, revocation, suspension, or restriction of authority to practice a
health care occupation, including athletic training, for any reason other than
a failure to renew, in Ohio or another state or
jurisdiction. |
|
| (B) |
If the athletic trainers section places a licensee on probation under division
(A) of this section, the section's order for placement on probation shall be
accompanied by a written statement of the conditions under which the person may
be removed from probation and restored to unrestricted practice. |
| (C) |
A licensee whose license has been revoked under division (A) of this section
may apply to the athletic trainers section for reinstatement of the license one
year following the date of revocation. The athletic trainers section may accept
or deny the application for reinstatement and may require that the applicant
pass an examination as a condition for reinstatement. |
| (D) |
On receipt of a complaint that a person licensed by the athletic trainers
section has committed any of the prohibited actions listed in division (A) of
this section, the section may immediately suspend the license of a licensed
athletic trainer prior to holding a hearing in accordance with Chapter 119. of
the Revised Code if it determines, based on the complaint, that the licensee
poses an immediate threat to the public. The section
may review the allegations and vote on the suspension by telephone conference
call. If the section votes to suspend a license under this division, the
section shall issue a written order of summary suspension to the
licensed athletic trainer in accordance with section 119.07 of the Revised Code. If
the individual whose license is suspended 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.
Notwithstanding section 119.12 of the Revised Code, a
court of common pleas shall not grant a suspension of the section's order of
summary suspension pending the determination of an appeal filed under that
section. Any order of summary suspension issued under this division shall
remain in effect, unless reversed on appeal, until a final adjudication order
issued by the section pursuant to division (A) of this section becomes
effective. The section shall issue its final adjudication order regarding an
order of summary suspension issued under this division not later than ninety
days after completion of its hearing. Failure to issue the order within ninety
days shall result in immediate dissolution of the suspension order, but shall
not invalidate any subsequent, final adjudication order. |
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Effective Date:
06-30-1997; 04-06-2007
| (A) |
Nothing in
sections 4755.61 to
4755.64 of the Revised Code shall
be construed to prevent or restrict the practice, services, or activities of
any person who:
| (1) |
Is an individual
authorized under Chapter 4731. of the Revised Code to practice medicine and
surgery, osteopathic medicine and surgery, or podiatry, a dentist licensed
under Chapter 4715. of the Revised Code, a chiropractor licensed under Chapter
4734. of the Revised Code, a dietitian licensed under Chapter 4759. of the
Revised Code, a physical therapist licensed under this chapter, or a qualified
member of any other occupation or profession practicing within the scope of the
person's license or profession and who does not claim to the public to be an
athletic trainer; |
| (2) |
Is employed
as an athletic trainer by an agency of the United States government and
provides athletic training solely under the direction or control of the agency
by which the person is employed; |
| (3) |
Is a student in an athletic training
education program approved by the athletic trainers section leading to a
baccalaureate or higher degree from an accredited college or university and is
performing duties that are a part of a supervised course of study; |
| (4) |
Is not an individual licensed as an
athletic trainer in this state who practices or offers to practice athletic
training while traveling with a visiting team or organization from outside the
state or an event approved by the section for the purpose of providing athletic
training to the visiting team, organization, or event; |
| (5) |
Provides athletic training only to
relatives or in medical emergencies; |
| (6) |
Provides gratuitous care to friends or
members of the person's family; |
| (7) |
Provides only self-care. |
|
| (B) |
Nothing in this chapter shall be construed to
prevent any person licensed under Chapter 4723. of the Revised Code and whose
license is in good standing, any person authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic medicine and
surgery and whose certificate to practice is in good standing, any person
authorized under Chapter 4731. of the Revised Code to practice podiatry and
whose certificate to practice is in good standing, any person licensed under
Chapter 4734. of the Revised Code to practice chiropractic and whose license is
in good standing, any person licensed as a dietitian under Chapter 4759. of the
Revised Code to practice dietetics and whose license is in good standing, any
person licensed as a physical therapist under this chapter to practice physical
therapy and whose license is in good standing, or any association, corporation,
or partnership from advertising, describing, or offering to provide athletic
training, or billing for athletic training if the athletic training services
are provided by a person licensed under this chapter and practicing within the
scope of the person's license, by a person licensed under Chapter 4723. of the
Revised Code and practicing within the scope of the person's license, by a
person authorized under Chapter 4731. of the Revised Code to practice podiatry,
by a person authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, by a person licensed
under Chapter 4734. of the Revised Code to practice chiropractic, or by a
person licensed under Chapter 4759. of the Revised Code to practice dietetics.
|
| (C) |
Nothing in this chapter shall
be construed as authorizing a licensed athletic trainer to practice medicine
and surgery, osteopathic medicine and surgery, podiatry, or chiropractic.
|
Effective Date:
04-10-2001;
04-06-2007 .
On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
appropriate section of the Ohio occupational therapy, physical therapy, and
athletic trainers board shall comply with sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code with
respect to a license issued pursuant to this chapter.
Effective Date:
03-22-2001;
04-06-2007 .
| (A) |
As used in
this section, "license" and "applicant for an initial license" have the same
meanings as in section
4776.01 of the Revised Code,
except that "license" as used in both of those terms refers to the types of
authorizations otherwise issued or conferred under this chapter. |
| (B) |
In addition to any other eligibility
requirement set forth in this chapter, each applicant for an initial license
shall comply with sections
4776.01 to
4776.04 of the Revised Code. The
occupational therapy section, the physical therapy section, and the athletic
trainers section of the Ohio occupational therapy, physical therapy, and
athletic trainers board shall not grant a license to an applicant for an
initial license unless the applicant complies with sections
4776.01 to
4776.04 of the Revised Code and
the board, in its discretion, decides that the results of the criminal records
check do not make the applicant ineligible for a license issued pursuant to
section 4755.07,
4755.09,
4755.44,
4755.441,
4755.45,
4755.451, or
4755.62 of the Revised Code.
|
Effective Date: 2007 HB104
03-24-2008 .
The Ohio occupational therapy, physical therapy, and athletic trainers board
shall comply with section
4776.20 of the Revised Code.
Added by
129th General AssemblyFile No.169, HB 247,
§1, eff.
3/22/2013.
| (A) |
Whoever violates sections
4755.05 or
4755.62 or divisions (A), (B),
(C), (D), or (H) of section
4755.48 of the Revised Code is
guilty of a minor misdemeanor. If the offender has previously been convicted of
an offense under that section, the offender is guilty of a misdemeanor of the
third degree on a first offense and a misdemeanor of the first degree on each
subsequent offense. |
| (B) |
| (1) |
One-half of
all fines collected for violation of section
4755.05 of the Revised Code shall
be distributed to the occupational therapy section of the Ohio occupational
therapy, physical therapy, and athletic trainers board and then paid into the
state treasury to the credit of the occupational licensing and regulatory fund,
and one-half to the treasury of the municipal corporation in which the offense
was committed, or if the offense was committed outside the limits of a
municipal corporation, to the treasury of the county. |
| (2) |
One-half of all fines collected for violation of section
4755.48 of the Revised Code shall
be distributed to the physical therapy section of the Ohio occupational
therapy, physical therapy, and athletic trainers board and then paid into the
state treasury to the credit of the occupational licensing and regulatory fund,
and one-half to the treasury of the municipal corporation in which the offense
was committed, or if the offense was committed outside the limits of a
municipal corporation, to the treasury of the county. |
| (3) |
One-half of all fines collected for violation of section
4755.62 of the Revised Code shall
be distributed to the athletic trainers section of the Ohio occupational
therapy, physical therapy, and athletic trainers board and then paid into the
state treasury to the credit of the occupational licensing and regulatory fund,
and one-half to the treasury of the municipal corporation in which the offense
was committed, or if the offense was committed outside the limits of a
municipal corporation, to the treasury of the county. |
|
Amended by
129th General AssemblyFile No.196, SB 141,
§1, eff.
3/27/2013.
Effective Date:
09-29-1997; 04-06-2007